Council Packet — Hayward City Council, January 25, 2022 (part 1 of 2)

Tuesday, January 25, 2022
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Virtual: Zoom Platform
City Council
Agenda

January 25, 2022City Council Agenda

CITY COUNCIL MEETING
COVID-19 Notice: Consistent with Assembly Bill 361/Government Code section 54953(e), the City Council meeting includes teleconference participation by all members.

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:

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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.

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A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Council Member Lamnin

ROLL CALL

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January 25, 2022City Council Agenda

CLOSED SESSION ANNOUNCEMENT
December 20, 2021
January 18, 2022
January 25, 2022

PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information Items. The Council welcomes your 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, your item will be taken under consideration and may be referred to staff.

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

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

CONSENT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Professional Services Agreements with Willdan Engineering, SNG & Associates, and 4Leaf, Inc., in an Amount Not-to-Exceed $150,000 Annually Per Firm for Three Years for On-Call Construction Inspection Services
CONS 22-0081.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the FY22 New Sidewalks Project, Project No. 05305
CONS 22-0192.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map

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January 25, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Amend the FY2022 Operating Budget for the Development Services
Department Building Division for Outside Plan Check, Building Inspection, and Permit Technician Services
CONS 22-0413.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Appointing the City’s Representative to the Boards of Directors of the Bay Area Water Supply and
Conservation Agency and the San Francisco Bay Area Regional Water System Financing Authority
CONS 22-0424.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Mintier Harnish in an Amount Not to Exceed $235,000 for the Development and Adoption of Objective Standards for Residential Development and Zoning Consistency Updates for the City of Hayward and Related Environmental Analysis
CONS 22-0555.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Scope of Services and Budget
Adopt a Resolution Accepting $1 Million in State of California General Fund Grant Funds for the Construction of the South Hayward Youth and Family Center (Stack Center)
CONS 22-0616.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $20,000 in Grant Funding from the National
Endowment for the Arts for Heritage Plaza Art Pieces
CONS 22-0627.

Attachments: Attachment I Staff Report
Attachment II Resolution

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January 25, 2022City Council Agenda
Adopt a Resolution Authorizing the Public Works Director to Complete Construction of Subdivision Improvements in Tract 8058 of the Golden Oaks 2 Subdivision; Making Findings to Procure the Work in the Open Market; and Authorizing
Expenditure of City Funds in an Amount Not to Exceed
$630,000
CONS 22-0758.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Approved Final Map

LEGISLATIVE BUSINESS
Unmanned Aerial Systems Program: Adopt a Resolution and Policy Statement Regarding the Use of Surveillance
Technologies and an Operational Policy for the Hayward Police Department’s Unmanned Aerial Systems Program (Report from City Manager McAdoo and Police Chief Chaplin)
LB 22-0039.

Attachments: Attachment I Staff Report
Attachment II Resolution and Policy Statement
Attachment III HPD UAS Operations Manual
Attachment IV Policy 610 - UAS Operations
Homekey 2.0 Application: Adopt a Resolution Approving the City of Hayward's Homekey Projects and Authorizing the City Manager and Assigned Staff to Submit Applications to the State of California Department of Housing Community Development for Homekey Funds for Housing for Persons Experiencing
Homelessness (Report from Assistant City Manager Ott)
LB 22-00210.

Attachments: Attachment I Staff Report
Attachment II Resolution for Project Reclamation
Attachment III Resolution for Tiny Homes Project
Attachment IV HHTF Feedback

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

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January 25, 2022City Council Agenda
Informational Item Regarding Marin Municipal Water District’s Proposal to Transmit Purchased Water Through the City’s Transmission Mains and the Regional Water System Intertie as a Drought Relief Measure
RPT 22-00611.

Attachments: Attachment I Staff Report

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

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

ADJOURNMENT
NEXT SPECIAL MEETING, Saturday, January 29, 2022

PUBLIC COMMENT RULES
Any members of the public desiring to address the Council shall limit their remarks 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. Speaker Cards are available from the City Clerk at the meeting.

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January 25, 2022City Council Agenda

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

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400, cityclerk@hayward -ca.gov, or TDD (510) 247-3340.

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-008
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Professional Services Agreements with Willdan Engineering, SNG & Associates, and 4Leaf, Inc., in an Amount Not-to-Exceed $150,000 Annually Per Firm for Three Years for On-Call Construction Inspection Services

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to negotiate and execute Professional Services Agreements (PSAs) with Willdan Engineering (Willdan), SNG & Associates, and 4Leaf, Inc. (4Leaf), in an amount not-to-exceed $150,000 per year, per firm for three years for on-call construction inspection services.

SUMMARY
The Department of Public Works & Utilities routinely uses on-call construction inspectors when in-house staffing levels are inadequate, either due to absences, vacancies, or increased workload. The on-call construction inspection services provide oversight on City-sponsored projects, private developments, and encroachment permits.

ATTACHMENTS
Attachment I Staff Report
Attachment I Resolution
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Professional Services Agreements with Willdan Engineering, SNG & Associates, and 4Leaf, Inc., in an Amount Not-to-Exceed $150,000 Annually Per Firm for Three Years for On-Call Construction Inspection Services

RECOMMENDATION

That Council adopts the attached resolution (Attachment II) authorizing the City Manager to negotiate and execute Professional Services Agreements (PSAs) with Willdan Engineering (Willdan), SNG & Associates, and 4Leaf, Inc. (4Leaf), in an amount not-to-exceed $150,000 per year, per firm for three years for on-call construction inspection services.

SUMMARY

The Department of Public Works & Utilities routinely uses on-call construction inspectors when in-house staffing levels are inadequate, either due to absences, vacancies, or increased workload. The on-call construction inspection services provide oversight on City-sponsored projects, private developments, and encroachment permits.

BACKGROUND

In February 20161 and March 20192, the Council approved on-call inspection services agreements with three firms for $150,000 annually, per firm, for a period of three years through Resolutions 16-023 and 19-057, respectively. The current agreements will expire in April and May 2022. In October 2021, Request for Qualifications (RFQ) #2204-091421 was released to obtain proposals for on-call inspection services for three years.

DISCUSSION

The in-house Construction Inspection Division’s workload supports projects from the Engineering, Transportation, Utilities, Executive Airport, and Environmental Services

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=2569864&GUID=2E66CF3B-B70B-420D-B942-B70830115FEC&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=3897641&GUID=1D885961-B939-4DD5-B5B0- 3DB025867DD0&Options=&Search=

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Divisions, and public improvement portions of other City-sponsored projects. In addition, the Inspection Division is responsible for inspection of the public improvements of private development projects, and encroachment purposes. With the currently anticipated workload, it is necessary to continue the supplemental contracted work with on-call construction inspection firms to ensure compliance, meet project deadlines, and provide project oversight.

The three firms currently providing construction inspection services are Park Engineering, CSG Consultants, and Willdan Engineering. These agreements expire early 2022. In response to the RFQ released in October 2021, ten firms submitted proposals. Staff determined three firms, Willdan, SNG & Associates, and 4Leaf to be the most qualified for the services needed based on their experience in providing similar services to other public agencies along with competitive rates.

ECONOMIC IMPACT

Timely inspection services for City and private development projects would ensure public safety and foster economic activity. Similarly, timely inspection on private development projects, like new housing or commercial properties, allow the contractors to maintain their schedule; once complete, the projects contribute to the City’s economic vitality.

FISCAL IMPACT

This item should have a neutral impact on the General Fund. These services will only be used on City projects with appropriated budget for construction inspection or where inspection- related expenses will be reimbursed by developers and permit holders. Staff recommends a PSA with each firm for a not-to-exceed amount of $150,000 annually, per firm, for a three-year period. Staff does not expect to use all allocated funding for each firm each year; rather, the budgeted amount will give staff flexibility when services are required. If the workload falls short of the forecast, the budget expenditures would be limited to the actual inspection costs incurred.

STRATEGIC ROADMAP

This action will help ensure that the infrastructure projects and City development projects in the Strategic Roadmap are not adversely impacted by construction inspection delays.

SUSTAINABILITY FEATURES

There are no sustainability features associated with this item.

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PUBLIC CONTACT

The RFQ was available to the public through the City’s website from October to November 2021. There is no other public contact associated with this item.

NEXT STEPS

If Council approves this item, the City Manager will execute three individual three-year PSAs with each firm in a form approved by the City Attorney.

Prepared by: Jason Whipple, Supervising Construction Inspector Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH WILLDAN
ENGINEERING, SNG & ASSOCIATES, AND 4LEAF , INC., IN AN AMOUNT NOT - TO-EXCEED $ 150,000 ANNUALLY PER FIRM FOR THREE YEARS FOR ON -

CALL CONSTRUCTION INSPECTION SERVICES

WHEREAS, to address staff shortages the Depar tment of Public Works & Utilities routinely procures services for on-call construction inspectors for City -sponsored projects, private developments, and encroachment permits, and

WHEREAS, procuring these services are necessary to maintain operations without disruption in the event of decreased staffing levels or increased workload, and

WHEREAS, because the current agreements expire between April and May 2022, the City released a Request for Qualifications (RFQ) in October 2021, and

WHEREAS, staff reviewed th e ten submitted proposals and determined the most qualified firms, and

WHEREAS, there is a neutral impact on the General Fund since funding for these services are allocated within the a ppropriated project budgets or will be reimbursed by developers and permit holders,

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows: that the City Manager is hereby authorized to negotiate and execute separate agreements for on-call construction inspection services with Willdan Engineering, SNG & Associates, and 4Leaf, Inc. , in the amount of $ 150,000 per year, for a term of three years from 2022 - 2025, for all construction inspection services authorized by this resolution, in a form to be approved by the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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 22-019
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the FY22 New Sidewalks Project, Project No. 05305

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving the plans and specifications, and calling for bids to be received on February 22, 2022, for the FY22 New Sidewalks Project.

SUMMARY
The FY22 New Sidewalks Project calls for new sidewalk installations at several locations on Hesperian Boulevard and West Winton Avenue (Attachment III).

The project will help provide a safe and continuous concrete pedestrian route to Mt. Eden High School on Hesperian Boulevard as well as to multiple businesses and the new Fire Station No. 6 and Fire Training Center on West Winton Avenue. Existing driveways and curb ramps in new sidewalk areas will be reconstructed to comply with the current Americans with Disabilities Act (ADA) requirements.

The project budget of $1,350,000 is funded via Measure B (Pedestrian and Bicycle) and Measure BB (Pedestrian and Bicycle) funds.

This project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
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File #:CONS 22-019
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the FY22 New Sidewalks Project, Project No. 05305

RECOMMENDATION

That Council adopts the attached resolution (Attachment II) approving the plans and specifications, and calling for bids to be received on February 22, 2022, for the FY22 New Sidewalks Project.

SUMMARY

The FY22 New Sidewalks Project calls for new sidewalk installations at several locations on Hesperian Boulevard and West Winton Avenue (Attachment III).

The project budget of $1,350,000 is funded via Measure B (Pedestrian and Bicycle) and Measure BB (Pedestrian and Bicycle) funds.

BACKGROUND

Hesperian Boulevard and West Winton Avenue were identified as needing new sidewalk construction and repairs of existing sidewalk segments to further the City’s goal of providing safe and continuous pedestrian access. The City has received requests from residents in the neighborhood for sidewalk improvements at these locations.

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DISCUSSION

This project will provide a continuous concrete sidewalk on the:

 East side of Hesperian Boulevard (from Catalpa Way to 180’ south of Bolero Avenue)  North side of West Winton Avenue (from Hesperian Boulevard to Bulldog Way)

The proposed improvements will add 1.3 miles of new concrete sidewalk to the City’s inventory, which totals approximately 460 miles. The new concrete sidewalk, curb, and gutter will meet current City standards. In addition, existing curb ramps that are non-compliant with the ADA will be removed and reconstructed to comply with current ADA requirements.

This project is categorically exempt from environmental review under Section 15301(c) of the CEQA Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.

ECONOMIC IMPACT

This project will add new sidewalk access to businesses in the Industrial area of Hayward.

Facilitating walkability along arterial streets will improve vitality of the neighborhoods, which can help business in the community.

FISCAL IMPACT

The project is funded by the City’s Capital Improvement Program. The estimated project funding sources are as follows, which are anticipated to cover the engineer’s estimate for the project:

216 – Measure B $925,000 213 – Measure BB $425,000 Total: $1,350,000

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 8, Part 8a.: Add 2 miles of sidewalks per year.

Project 8, Part 8d.: Implement safe routes to school.

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SUSTAINABILITY FEATURES

The project satisfies the following General Plan policies:

 M-1.7 Eliminate Gaps (in pedestrian networks)
 M-3.1 Serving All Users
 M-3.10 Motorists, Bicyclists, and Pedestrian Conflicts  M-5.2 Pedestrian System
 M-5.3 Access to Transit
 M-5.4 Sidewalk Design
 M-5.7 Safe Sidewalks

The project requires the contractor to recycle all construction and demolition debris as a result of the project.

PUBLIC CONTACT

Immediately after the construction contract is awarded, a preliminary notice explaining the project will be posted and distributed to all residents and businesses along the affected streets. After the construction work has been scheduled, signs on barricades will be posted seventy-two hours prior to commencement of work indicating the date and time of work for Hesperian Boulevard and West Winton Avenue. Residents will be advised to park their vehicles on side streets outside of the work area during the construction period.

NEXT STEPS

May 2021 Start of Construction
August 2021 End of Construction

Prepared by: Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION APPROVING PLANS AND SPECIFICATIONS , AND CALL ING FOR BIDS FOR THE FY22 NEW SIDEWALKS PROJECT, PROJECT NO. 05305

WHEREAS, certain plans and specification s for the FY22 New Sidewalk Project, Project No. 05305, on file in the office of the City Clerk, are hereby adopted as the plans and specifications for the project; and

WHEREAS, the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law; and

WHEREAS, sealed bids therefor will be received by the City Clerk’s office at City Hall, 777 B S treet, 1st floor Rotunda, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, February 22, 2022, and immediat ely thereafter publicly opened and declared by the City Clerk in the City Hall Rotunda , located on the 1st Floor of City Hall, Haywa rd, California.

NOW, THEREFORE, BE IT RESOLVED, that the City Council wil l consider a report on the bids at a regular meeting following the aforesaid opening and declaration of same.

BE IT FURTHER RESOLVED , that the project is categoric ally exempt from environmental review under section 15301(c) of the California Environmenta l Quality Act Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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 22-041
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Assistant City Manager / Development Services Director

SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend the FY2022 Operating Budget for the Development Services Department Building Division for Outside Plan Check, Building Inspection, and Permit Technician Services

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving an amendment to the FY2022 budget for the Development Services Department (DSD) - Building Division, increasing the appropriation from $330,000 to $800,000 for consulting services for outside plan check, building inspections, and permit technician services.

SUMMARY
The City currently has executed agreements with five outside consulting firms to augment DSD Building Division staff by providing plan check, inspection, and permit technician services. The compensation for these agreements is for an amount not-to-exceed the annual budget appropriation (distributed as appropriate amongst the consultants for work performed) for FY22, and for a term up to three years or until 2024.

The additional $470,000 of appropriated funds will be offset by fees paid for building plan check by permit applicants at the time plans and applications are submitted and permit fees for inspections are collected. To date, approximately $1.5 million in revenue has been collected for permit and inspection fees. Staff is requesting an additional appropriation of $470,000 to cover the cost of outside plan checking, building inspections, and permit technician services for a total of $800,000. There will be no impact to the General Fund due to this increase.

Moving forward as part of the FY23 budget process, staff intends to review and consider updating the annual Building Division budget to more accurately reflect the actual revenues and expenditures related to Building Division services.

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File #:CONS 22-041

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Development Services Director

SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the FY2022 Operating Budget for the Development Services Department Building Division for Outside Plan Check, Building Inspection, and Permit Technician Services

RECOMMENDATION

That Council adopts a resolution (Attachment II) approving an amendment to the FY2022 budget for the Development Services Department (DSD) - Building Division, increasing the appropriation from $330,000 to $800,000 for consulting services for outside plan check, building inspections, and permit technician services.

SUMMARY

The City currently has executed agreements with five outside consulting firms to augment DSD Building Division staff by providing plan check, inspection, and permit technician services. The compensation for these agreements is for an amount not-to-exceed the annual budget appropriation (distributed as appropriate amongst the consultants for work performed) for FY22, and for a term up to three years or until 2024.

BACKGROUND

The City of Hayward has maintained agreements with multiple firms to provide plan check

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and inspection services to support customer demand that exceeds the availability or workload capacity of Building Division staff.

This approach toward managing plan review applications disperses the workload between City staff and consultants and provides the flexibility to augment staff as necessary to cover increases in permit applications and long-term absences of permanent staff. Agreements with multiple outside firms also allow staff to ensure that large projects, such as complex commercial and industrial projects or subdivisions, involving multiple sets of plans can be reviewed and inspected in a timely manner.

Retaining several firms under contract who are available to respond on short notice also provides the City the flexibility to use qualified firms or persons that are best suited, based on specific areas of specialization and availability of personnel. The City currently has executed agreements with five outside consulting firms to provide these services:

 4 Leaf Inc.
 CSG Consultants
 Independent Code Consultants
 Shums Coda Associates
 West Coast Code Consultants

Each year, staff requests that Council approve an amendment to the fiscal year budget appropriation for Consulting Services in the Building Division based on the receipts received by the City to perform these services. Staff is seeking Council approval to amend the FY2022 Operating Budget for the DSD Building Division for outside plan check, building inspection and permit technician services based on collected revenues for these specific services.

DISCUSSION

The continued rise in demand for permits and inspection services necessitates the utilization of outside services, resulting in increased costs that have surpassed the original FY 2022 budget appropriation of $330,000 established by Resolution 21-042. As of the end of December 2021, staff anticipates approximately $386,485 will be charged by outside consultants for plan check, building inspection, and permit technician services. These charges are largely due to several large projects, including Lincoln Landing, SOHAY, Legacy Partners, Hines, Berkeley Farms, and Mission Crossings.

The additional $470,000 of appropriated funds will be offset by fees paid for building plan check by permit applicants at the time plans and applications are submitted and permit fees for inspections are collected. The City will not incur these expenses if fee revenues are not generated. To date, approximately $1.5 million in total revenue has been collected for permit and inspection fees.

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Staff seeks Council approval to increase the expenditure appropriation for Consultant Services in the Building Division by an additional $470,000, for a total revised budget of $800,000, to cover the cost of outside plan check, building inspection, and permit technician services.

FISCAL IMPACT

There is no net impact to the General Fund. The additional $470,000 of appropriated funds will be offset by fees paid for building plan check by permit applicants at the time plans and applications are submitted and permit fees for inspections are collected. The City will not incur these expenses if fee revenues are not generated. To date, approximately $1.5 million in total revenue has been collected for permit and inspection f ees. The agreements are structured to ensure costs fo r plan check and inspection fees incurred by the consulta nts shall not exceed the City’s plan check and inspection fees collected by the City and shall not exceed the budget appropriation for the fiscal year. All anticipated costs asso ciated with consultant services are fully cost recover able and will be fully b orne by per mit applicants and permittees.

STRATEGIC ROADMAP

This agenda item is a routine operational item that do es not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap.

NEXT STEPS

Should Council approve this action, staff will prepare a Budget Revision Form to request the appropriation of funds.

Prepared by: Tera Maroney, Management Analyst
Sara Buizer, AICP, Deputy Development Services Director

Recommended by: Jennifer Ott, Assistant City Manager/Development Services Director

Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-

Introduced by Council Member ________

ADOPTION OF A RESOLUTION APPROPRIATING AN ADDITIONAL $470,000

FOR CONSULTING SERVICES FOR PLAN CHECK, BUILDING INSPECTION, AND PERMIT TECHNICIAN SERVICES FOR FISCAL YEAR 2022

WHEREAS, the Development Services Department - Building Division received an appropriation of $330,000 for consulting services for outside plan check, building inspection and permit technician services in the FY22 Operating Budget; and

WHEREAS, each year staff requests that Council approve an amendment to the fiscal year budget appropriation for Consulting Services based on the receipts received by the City to perform outside plan check, building inspection, and permit technician services; and

WHEREAS, maintaining agreements with multiple firms maintains the continuity of the stipulations within these agreements; and

WHEREAS, the Development Services Department has received permit applications for several large projects including but not limit ed to Lincoln Landing, SOHAY, Legacy Partners, Hines, Berkeley Farms, and Mission Crossings; and

WHEREAS, the Development Services Department anticipates invoices for these projects will total approximately $386,485; and

WHEREAS, the additional $470,000 of appropriated funds will be offset by fees paid for building plan check by permit applicants at the time plans and applications are submitted and permit fees for inspections are collected, of which, approximately $1.5 million in revenue has been collected for permit and inspection fees; and

WHEREAS, the cost of contracting for consultant plan check, building inspection, and permit technician services is offset by th ose fees paid for by the permit applicant at the time plans are submitted, having no impact to the General Fund.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HAYWARD that additional funds in the amount of $ 470,000, be appropriated to Contract/Consulting Services within the Building Division budget, for a revised budget appropriation of $800,000 for FY22.

ATTACHMENT II

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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 22-042
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Appointing the City’s Representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency and the San Francisco Bay Area Regional Water System Financing Authority

RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing the City’s representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA) and the San Francisco Bay Area Regional Water System Financing Authority (RFA).

SUMMARY
Hayward is a member of the BAWSCA and RFA, and is currently represented by former Council Member Al Mendall. Mr. Mendall’s term expires on June 30, 2025; however, he has resigned as Hayward’s representative effective January 31, 2022. Therefore, the Council must appoint a representative to complete Mr. Mendall’s term. This report has been prepared in order for the Council to take the necessary action to appoint a representative for Hayward on these two Boards of Directors, effective February 1, 2022 until June 30, 2025.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/21/2022Page 1 of 1
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Appointing the City’s Representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency and the San Francisco Bay Area Regional Water System Financing Authority

RECOMMENDATION

That the Council adopts a resolution (Attachment II) appointing City’s representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA) and the San Francisco Bay Area Regional Water System Financing Authority (RFA).

SUMMARY

Hayward is a member of the BAWSCA and RFA, and is currently represented by former Council Member Al Mendall. Mr. Mendall’s term expires on June 30, 2025; however, he has resigned as Hayward’s representative effective January 31, 2022. Therefore, the Council must appoint a representative to complete Mr. Mendall’s term. This report has been prepared in order for the Council to take the necessary action to appoint a representative for Hayward on these two Boards of Directors, effective February 1, 2022 until June 30, 2025.

BACKGROUND

BAWSCA and the RFA are comprised of twenty-six member agencies that purchase wholesale water from the San Francisco Public Utilities Commission (SFPUC). Both the agency and the authority were formed in 2002 by State legislation, with Hayward’s membership approved by Council in 2003. BAWSCA and the RFA are governed by a Board of Directors, with appointed representation from each member agency. BAWSCA and the RFA are not Joint Exercise of Powers Authorities (JPAs).

The Boards of Directors for both BAWSCA and the RFA meet bimonthly at 7 p.m. in San Mateo (currently meeting virtually due to the pandemic). Among other responsibilities, the Board provides policy direction to BAWSCA/RFA staff, reviews and approves agency budgets and consultant agreements, and receives updates from SFPUC regarding water supply and the status of Regional Water System improvement projects. Also, as the public agency with the highest water purchases from SFPUC, Hayward’s representative has always been a member of

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the BAWSCA Board Policy Committee, which also meets bimonthly, early in the afternoon in San Mateo.

Former Council Member Al Mendall has served as Hayward’s representative since July 2012, with reappointments effective July 1, 2013, July 1, 2017, and July 1, 2021. His most recent reappointment was confirmed by Council on November 17, 2020 due to his extensive experience, even though he did not seek re-election to the Council in 2020. Mr. Mendall has resigned from the BAWSCA and RFA Boards effective January 31, 2022. It is not required that the Board representative be an elected official; however, staff highly recommends that a Council Member be appointed.

DISCUSSION

BAWSCA’s primary function is to coordinate regional water supply issues and water conservation programs among wholesale purchasers of SFPUC water. BAWSCA has been active in areas such as implementation of regional water conservation program, negotiation of the water supply agreement, monitoring implementation of the regional Water System Improvement Program, and ongoing review of wholesale rate calculations and other financial information. The RFA was formed to secure financing for water system improvements in the event that SFPUC is unable to obtain the needed funding. The RFA is largely inactive at this time as SFPUC has been successful in raising the necessary funds.

With Mr. Mendall’s resignation, Council must appoint a representative to complete his term, which ends in June 2025. This report has been prepared in order to appoint a City representative to the BAWSCA and RFA Boards of Directors. Based on her experience in the water and wastewater industry and interest in serving, the Mayor has recommended that the Council appoint Councilmember Angela Andrews to the Boards of Directors.

ECONOMIC IMPACT

There are no economic impacts associated with this action.

FISCAL IMPACT

Board members receive a $100 stipend per attended Board meeting. The stipend is paid by BAWSCA, and there are no direct fiscal impacts associated with this action.

STRATEGIC ROADMAP

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

SUSTAINABILITY FEATURES

The City’s membership and active participation in BAWSCA and the RFA supports its local water supply and conservation efforts.

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PUBLIC CONTACT

There is no additional public contact required for this action.

NEXT STEPS

If approved, staff will notify BAWSCA staff of Council’s action related to the appointment of the new City representative to the BAWSCA and RFA Boards. The appointment will be effective on February 1, 2022 and end on June 30, 2025.

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22 -___
Introduced by Council Member _____________

RESOLUTION APPOINTING THE CITY’S REPRESENTATIVE TO THE BOARDS

OF DIRECTORS OF THE BAY AREA WATER SUPPLY AND CONSERVATION

AGENCY AND THE SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM

FINANCING AUTHORITY

BE IT RESOLVED that the City Council of the City of Hayward hereby appoints Councilmember Angela Andrews as the City’s representative to the Bay Are a Water Supply and Conservation Agency and the San Francisco Regional Bay Area Water System Financing Authority beginning February 1, 2022, and effective through June 30, 2025.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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 22-055
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director

SUBJECT
..Title
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Mintier Harnish in an Amount Not to Exceed $235,000 for the Development and Adoption of Objective Standards for Residential Development and Zoning Consistency Updates for the City of Hayward and Related Environmental Analysis

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Mintier Harnish for the development and adoption of objective standards for residential development and zoning consistency updates for the City of Hayward, including any related environmental analysis.

SUMMARY
In 2019, the City of Hayward received an SB 2 Planning Grant from the State Department of Housing and Community Development (HCD) in the amount of $310,000. Of this, $235,000 is being designated for this project, with the remaining funds designated for a separate planning project related to updates to the City’s Density Bonus Ordinance.

Staff representing the City’s Planning Division and Housing Division reviewed the one proposal received and interviewed the firm before confirming that Mintier Harnish is the capable and the preferred consultant team to complete the work. The total budget for the work is $234,910, which includes a $30,000 contingency to cover unanticipated costs.

This project is the City’s opportunity to establish clear, unambiguous, internally consistent, and legally defensible residential design standards and development regulations that reflect the City’s goals and CITY OF HAYWARD Printed on 1/21/2022Page 1 of 2
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File #:CONS 22-055
objectives. The objective design and development standards will comply with the requirements of State law and set the stage for continued positive change in the community. Staff anticipates having this project completed by late 2022, well ahead of the HCD deadline to expend all grant funding by the end of 2023.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Scope of Services and Budget
CITY OF HAYWARD Printed on 1/21/2022Page 2 of 2
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Development Services Director

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Mintier Harnish in an Amount Not to Exceed $235,000 for the Development and Adoption of Objective Standards for Residential Development and Zoning Consistency Updates for the City of Hayward and Related Environmental Analysis

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Mintier Harnish for the development and adoption of objective standards for residential development and zoning consistency updates for the City of Hayward, including any related environmental analysis.

SUMMARY

In 2019, the City of Hayward received an SB 2 Planning Grant from the State Department of Housing and Community Development (HCD) in the amount of $310,000. Of this, $235,000 is being designated for this project, with the remaining funds designated for a separate planning project related to updates to the City’s Density Bonus Ordinance.

In light of recent State housing legislation, the City released a Request for Proposals (RFP) in November 2021 to develop a detailed set of objective standards for residential development that meet the State’s criteria for objective standards, as well as identify any necessary zoning amendments and related environmental analysis, if required, to ensure consistency with the City’s Hayward 2040 General Plan. Staff representing the City’s Planning Division and Housing Division reviewed the one proposal received and interviewed the firm before confirming that Mintier Harnish is the capable and the preferred consultant team to complete the work. The total budget for the work is $234,910, which includes a $30,000 contingency to cover unanticipated costs.

This project is the City’s opportunity to establish clear, unambiguous, internally consistent, and legally defensible residential design standards and development regulations that reflect the City’s goals and objectives. The objective design and development standards will comply with the requirements of State law and set the stage for continued positive change

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in the community. Staff anticipates having this project completed by late 2022, well ahead of the HCD deadline to expend all grant funding by the end of 2023.

BACKGROUND

As was previously documented, the State of California is in the midst of a housing crisis in which communities throughout the state are being challenged with accommodating their fair share of housing production. The housing shortage prompted California to enact new laws in 2017 (SB 35, SB 167, AB 648) requiring cities and counties to streamline housing approval by establishing a by-right, ministerial approval process for multifamily residential development, and to provide an increased standard of proof to legally deny a lower- or moderate-income housing project.

In 2019, changes to the Housing Accountability Act (HAA) through the adoption of SB 330 and AB 1485 further limited a jurisdiction’s ability to deny or reduce the density of housing projects that meet objective standards, while expanding SB 35 eligibility and protections under the HAA. Under these changes to State law, jurisdictions without a ministerial approval process have little say in the design of developments processed under the protections of the HAA. Key to the establishment of this process is the replacement of subjective design guidelines and discretionary review with objective standards and ministerial approval.

Additionally, the State recently adopted new legislation in 2021, including SB 9, SB 10, and SB 478, which directly limit a jurisdiction’s ability to control certain density, lot size, and lot coverage requirements. The City, in collaboration with the hired consultant team, intend to develop the new set of objective standards for residential properties following an extensive public outreach effort that reflects recent changes to State law and helps further the goals and objectives of the City’s Housing Element and Hayward 2040 General Plan.

Request for Proposals

On November 5, 2021, the City released a Request for Proposals (RFP) to develop a detailed set of objective standards for all types of residential development that meet the State’s criteria for objective standards. In addition, the project would complete targeted zoning updates and any related environmental analysis, if required, to ensure consistency between the Zoning Ordinance and the City’s Hayward 2040 General Plan.1

In response to the RFP, the City received one proposal from Mintier Harnish. A committee of staff representing the City’s Planning Division and Housing Division reviewed the proposal and interviewed the firm before confirming that Mintier Harnish is the capable and the preferred team to complete the work. Minter Harnish’s Scope of Work and Proposed Budget are attached to this staff report as Attachment III.

1 Hayward Objective Standards for Residential Development and Zoning Consistency Updates Request for Proposals. https://www.hayward-ca.gov/search/site/objective%20standards

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DISCUSSION

Project Overview

As previously discussed, the City of Hayward was awarded a SB 2 Planning Grant for housing related projects. A portion of the grant was awarded for a project with two components: 1) the development of detailed objective standards for all types of residential development that meet the State’s criteria for objective standards, and 2) zoning amendments and related environmental analysis, if required, to ensure General Plan/zoning consistency for parcels in the city that are zoned for single family uses but have underlying General Plan designations that allow for higher densities.

The City’s objectives for the project are as follows:

 Update the Zoning Ordinance to allow single family zoned properties the ability to develop in accordance with their underlying General Plan land use designations to simplify and streamline the development of these parcels  Analyze the City’s current objective standards for residential development and determine whether these are sufficient to meet the City’s goals for development  Explore options for and adopt new objective standards that address design, massing, neighborhood compatibility, parking, setbacks, and/or other topics identified as important by the community, stakeholders, decision makers, and staff  Engage a wide range of community members and stakeholders, including communities that have limited or no access to technology, homeowners, renters, housing advocates, developers, architects, and community members who are hard to reach and/or do not typically participate in City processes

This project will support projects identified on the City’s Workplan to Incentivize Housing and the Strategic Roadmap, including ensuring consistency between residential zoning districts and the adopted land use designations of the Hayward 2040 General Plan. While this effort is intended to address new statutory requirements, it will also include a robust community outreach and engagement plan that will extend throughout the project timeframe.

Per the RFP prepared for the project, community engagement and outreach will prioritize hard to reach populations and will collaborate with and empower the community throughout the project. Outreach activities will be conducted through a racial equity lens to ensure that the City engages with all segments of the community and that the proposed objective standards and zoning updates do not disproportionately impact communities of color. Special attention shall be given to communicating information clearly and succinctly and in multiple languages, as necessary, so that it is accessible and easy to understand.

Consultant Selection

Staff found that Mintier Harnish and their subconsultants are a strong and experienced team, both in the preparation and adoption of objective development standards in other jurisdictions, but also in their commitment to community outreach, as demonstrated through their work on several local planning efforts. Mintier Harnish was the lead consultant team on

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the update to the Hayward 2040 General Plan, and their subconsultants have worked on several large planning projects in the City of Hayward, including the development of the Downtown Specific Plan, update to the Industrial District zoning district and related Design Guidelines, as well as assisted with the consolidation and update to the City’s Mission Boulevard Code. Overall, staff believes that Mintier Harnish is well qualified and has the staffing and expertise to lead this effort within the required budget and well within the required timeframe.

Following approval of this contract, City staff will finalize the contract and will conduct a joint Council/Planning Commission Work Session on February 1, 2022, to provide additional background on the project and to receive initial comments and thoughts as City staff, the community, and decision makers embark on this planning process.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priorities to Preserve, Protect and Produce Housing and Combat Climate Change. Specifically, this item relates to implementation of the following project(s):

 Preserve, Protect and Produce Housing – Project 9, Update the Housing Element Plan

FISCAL IMPACT

Mintier Harnish’s proposed budget is $204,910, which can be covered by the City’s allocated budget of $235,000 for the project. Additionally, the consultant team has proposed a $30,000 contingency to cover any unanticipated costs, bringing the total budget to $234,910, all of which will be paid through the HCD SB2 Planning Grant awarded in 2019.

NEXT STEPS

If the Council approves the attached resolution, staff will prepare an agreement to be executed between the City of Hayward and Mintier Harnish in a form approved by the City Attorney and hold a kick-off meeting in early February 2022.

Prepared by: Elizabeth Blanton, AICP, Senior Planner
Jeremy Lochirco, Acting Planning Manager
Tera Maroney, Management Analyst

Recommended by: Jennifer Ott, Assistant City Manager/Development Services Director

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN AGREEMENT WITH MINTIER HARNISH FOR THE

DEVELOPMENT AND ADOPTION OF OBJECTIVE STANDARDS FOR

RESIDENTIAL DEVELOPMENT AND ZONING CONSISTENCY UPDATES FOR

THE CITY OF HAYWARD AND RELATED ENVIRONMENTAL ANALYSIS FOR AN AMOUNT NOT-TO-EXCEED $235,000

WHEREAS, the housing shortage prompted California to enact new laws in 2017 (SB 35, SB 167, AB 648) requiring cities and counties to streamline housing approval by establishing a by -right, ministerial approval process for multifamily residential development; and to provide an increased standard of proof to legally deny a housing project; and

WHEREAS, in 2019, changes to the Housing Accountability Act (HAA) through the adoption of SB 330 and AB 1485 further limited a jurisdictions ability to deny or reduce the density of housing projects that meet objective standards, while expanding SB 35 eligibility and protections under the HAA; and

WHEREAS, in accordance with State law, jurisdictions without a ministerial approval process have little say in the design of developments processed under the protections of the HAA. Key to the establishment of this process is the replacement of subjective design guidelines and discretionary review with objective standards and ministerial approval; and

WHEREAS, the State recently adopted new legislation in 2021, including SB 9, SB 10, and SB 478, which directly limit a jurisdiction’s ability to control certain density, lot size, and lot coverage requirements; and

WHERAS, in 2019, the City of Hayward was awarded an SB 2 Planning Grant from the State Department of Housing and Community Development (HCD) in the amount of $310,000. Of this, $235,000 is designated to develop objective residential development standards that meet State criteria and for targeted zoning updates to ensure Zoning Ordinance consistency with the Hayward 2040 General Plan. Per grant requirements, the project must be complete by the end of 2023.

WHEREAS, on November 5, 2021, the City released a Request for Proposals (RFP) to seek a consultant team to develop a detailed set of objective standards for all types of residential development that meet the State’s criteria for objective standards and complete targeted zoning updates to ensure Zoning Ordinance consistency with the Hayward 2040 General Plan and any related environmental analysis; and

ATTACHMENT II

Page 2 of 2 ends

WHEREAS, a committee of staff representing the City’s Planning Division and Housing Division reviewed the one proposal received and interviewed the firm before confirming that Mintier Harnish is the capable and the preferred team to complete the work well within the grant required schedule; and

WHEREAS, the Scope of Work includes a budget of $204,910 to complete the proposed project and related environmental analysis, and an approximately $30,000 contingency for a total project budget of $234,910.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward, hereby authorizes the City Manager to negotiate and execute an Agreement with Mintier Harnish in a form approved by the City Attorney, for the Development and Adoption of Objective Standards for Residential Development Zoning Consistency Updates and Related Environmental Analysis for an amount not-to-exceed $234,910, and a term through December 31, 2023 in alignment with HCD requirements for the expenditure of the grant monies.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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

OBJECTIVE STANDARDS FOR RESIDENTIAL DEVELOPMENT

AND ZONING CONSISTENCY UPDATES

PROPOSAL FOR SERVICES
Revised - January 20, 2022
SUBMITTED TO:

Elizabeth Blanton, Senior Planner
City of Hayward
Development Services Department
777 B Street
Hayward, CA 94541
[email protected]
SUBMITTED BY:

Mintier Harnish
1415 20th Street
Sacramento, CA 95811
916.446.0522
mintierharnish.com
IN ASSOCIATION WITH:

Miller Planning Associates
DKS Associates

1. Cover Letter
1415 20TH Street
Sacramento, California 95811
(916) 446-0522
FAX (916) 446-7520
[email protected]
www.mintierharnish.com
December 15, 2021
Elizabeth Blanton, Senior Planner
City of Hayward
Development Services Department
777 B Street
Hayward, CA 94541
[email protected]
RE: Objective Standards for Residential Development and Zoning Consistency Updates Dear Ms. Blanton:

Mintier Harnish is pleased to submit this proposal to assist the City of Hayward with the preparation of the Objective Standards for Residential Development and Zoning Consistency Updates (Objective Standards and Zoning Consistency Updates). Since 1985, we have served over 100 public agencies and have established ourselves as a leader in general plan, housing element, and zoning code updates in California. In response to your request for proposals, the City will likely receive responses from several qualified firms.

We feel there are several key factors that distinguish us.

Zoning Code Preparation Experience. Our team has extensive experience with drafting and ensuring adoption of zoning codes and other types of development regulations. We are able to create innovative and practical solutions to both routine and unique zoning and planning problems.

Extensive Local Familiarity. Our team has unmatched local familiarity of the community.

Most notably, Mintier Harnish led the consultant team that assisted the City of Hayward with the preparation of the 2040 General Plan and Economic Development Strategic Plan. Secondly, Miller Planning Associates led the consultant team that assisted the City of Hayward with the Industrial Design Guidelines and Development Code Update.

Third, Jordan Cowell, part of our management team, led the redesign of 808 A Street and senior-housing project across from City Hall, and assisted in the site planning and architectural design effort for the SoHAY development. Each of these highly successful efforts won the strong support and praise from the City Council and community. They reflect the aspirations and goals of the Hayward community for increased quality of life, economic vitality, and streamlined development. The natural next step is to ensure that the City’s Objective Standards for Residential Development reflect the goals and aspirations of the previous efforts and continue to ensure that Hayward is on the cutting edge of design and development, while encouraging more affordable housing options for the community. We are ideally suited to lead this Project. 1 Familiarity with Contemporary Zoning Practice. We are familiar with new and emerging zoning practice trends and issues. We produce zoning ordinances that are user-friendly and rely extensively on graphics and illustrations. We are addressing the changing housing-related provisions in zoning codes, including ADUs, density bonus, employee housing, emergency shelters, transitional housing, and objective design standards. We are also at the forefront in the development of web-based zoning codes.

Comprehensive Objective Design Standards Experience and Implementation. We have a comprehensive understanding of the State requirements of objective design standards and have provided innovative ways for successful implementation. We have or are currently assisting 19 communities of all sizes adapt and implement objective design standards. We focus on creating standards that are not only acceptable to the community and are easy to understand, but are also acceptable to the development community.

Local Government Experience. We have extensive experience as local government staff. We have “hands-on” experience with all levels of zoning code administration, ranging from answering zoning inquiries at the front counter, to processing land use permit applications and preparing staff reports, to managing planning divisions and departments. We have personally drafted zoning codes and then been responsible for the administration and enforcement of those regulations. We understand the wide array of day-to-day issues City staff must address in code administration, as well as the needs of the public for timely, accurate responses to their questions.

Experienced Project Management. I will be the Project Advisor for the Objective Standards and Zoning Consistency Updates. I have been a planner since 1970 and have participated in the preparation of dozens of zoning code updates. Brent Gibbons, AICP, will be the Project Director. Brent brings over a decade of planning experience and has prepared more than ten zoning code updates for communities throughout the state.

Jordan Cowell will be intimately involved in the project as the Project Manager. Jordan has eight years of experience in urban design in the Bay Area and has been a critical element to our successful objective standards efforts.

An Excellent Team. Our teaming partners brings extensive zoning code update experience as well.
• Miller Planning Associates (MPA) has been providing planning and zoning services to a variety of municipal clients throughout California and nationwide. Martha Miller, Founder, and Principal of MPA, has facilitated the comprehensive update of over a dozen zoning codes in the last 20 years. Martha and Brent also co-teach the UC Davis Course on How to Update Your Zoning Code. Mintier Harnish and MPA are partnering on several code updates including comprehensive updates for Calaveras and Madera Counties.
1415 20TH Street
Sacramento, California 95811
(916) 446-0522
FAX (916) 446-7520
[email protected]
www.mintierharnish.com
2 • DKS Associates will provide the parking analysis and will be led by Jim, Damkowitch, Managing Director of DKS Sacramento. Jim brings more than 30 years of experience in regional multimodal transportation planning.

Active Principal Involvement. I am personally leading the Mintier Harnish Team. I will be fully engaged in every aspect of the Objective Design Standards project. As noted above, I have been a Planning Director for several cities and prepared and administered dozens of zoning codes. I will be involved in the project daily and in regular contact with City staff, the community, and decision-makers.

Work Style. As part of this effort, we will be working closely with City staff, the community, Planning Commission, and City Council. To have an effective, stress free, and enjoyable process, you need a team that is great to work with. Our team has a very approachable, collegial, and comfortable work style with our clients. We bring a great process experience and tailor it to the needs and personality of each community.

We develop close, collaborative working relationships with each of our clients that last well beyond the completion of a project. We strongly urge you to confirm this with our references.

As the owner of Mintier Harnish, I am authorized to bind the firm contractually on this project. Please contact me if you have any questions at 916-446-0522 or [email protected]. I look forward to the opportunity to present our proposal and team in person.

Sincerely,
Jim Harnish, JD
Principal/Owner
1415 20TH Street
Sacramento, California 95811
(916) 446-0522
FAX (916) 446-7520
[email protected]
www.mintierharnish.com
3 Contents

1. Cover Letter ............................................................. 1

2. Team .................................................................. 5

3. Experience ............................................................. 9

4. Project Understanding and Approach ..................................... 15

5. Scope of Work ......................................................... 19

6. Schedule of Charges ................................................... 25

7. Budget ............................................................... 25 Appendix A: Detailed Resumes ............................................ A-1 Appendix B: Project Example Sheets ....................................... B-1 Appendix C: Professional Services Agreement ............................. CD-1 Appendix D: Disclosures ................................................ CD-1 4 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Qualifications
Mintier Harnish
Mintier Harnish is a Sacramento-based consulting
firm specializing in the preparation of general plans,
housing elements, zoning codes, and specific plans.

Our mission as a firm is to help public agencies,
residents, businesses, and other stakeholders plan
their communities and improve their quality of life
through solid research, community involvement,
innovation, and policy leadership. Since our
founding in 1985, we have prepared more than 60
general plans and over two dozen zoning codes,
and provided a range of planning services to more
than 140 public agencies, law firms, and other
organizations. We are currently leading 14 objective
design and development standards updates for
both cities and counties across the state. We are
a leader in preparing implementable plans for the
future that solve community policy and design issues.

Our staff includes planning experts, each with his/
her own unique mixture of education, training, and
experience. We are all dedicated to providing the
highest quality service to our clients.

Miller Planning Associates
Miller Planning Associates provides planning and
zoning services to a variety of municipal clients
throughout California and nationwide. Through our
work, we seek to give form to community aspirations,
and foster places that are vital, livable, and reflect
environmental stewardship. After 20 years of working
in private firms and the public sector, Martha Miller
established Miller Planning Associates in 2019
to provide each client and project the time and
individual attention it deserves. Each assignment
is approached with an open mind, and provides
strategic, context-based solutions that address the
unique issues and needs facing each client. Martha
Miller will serve as a Project Advisor, overseeing the
Zoning Amendments. She will provide peer review
of deliverables and assist and attend all project
meetings and community outreach events. Miller
Planning Associates is located in San Luis Obispo, CA.

2. Team
Mintier Harnish has extensive experience
in planning, zoning, and urban design. We
are currently preparing objective design
standards for the cities of Folsom, Gilroy,
Kerman, Lakeport, Millbrae, Pleasant Hill,
Reedley, Santa Clara, Selma, Stockton,
Ukiah, the Town of Windsor, and the
counties of Calaveras, Del Norte, El Dorado,
Fresno, Madera, Mariposa, and Trinity.

Miller Planning Associates has extensive
experience in planning and zoning in California.

Notably, Martha recently led the recent Zoning
Code Update for the City of Hayward. Miller
Planning Associates is currently working on
code updates for the communities of Alhambra,
Calaveras County, Dixon, Hermosa Beach, Morro
Bay, and Stockton; and objective standards
for the cities of San Leandro and Union City.
5 MINTIER HARNISH | REVISED - January 20, 2022
DKS Associates
DKS will provide the parking analysis.

Founded in 1979, DKS is a transportation consulting
firm that provides a broad range of transportation
planning and engineering services. As experts
connecting communities, DKS specializes in
transportation planning, traffic engineering,
traffic operations, traffic signal design, circulation
elements, environmental planning, and Intelligent
Transportation Systems (ITS) design and planning.

DKS has assessed the potential parking impacts of
many commercial and residential projects in a wide
variety of settings.

Staffing
Jim Harnish, JD
Principal/Owner
Role: Project Advisor
Jim Harnish, JD, is the Principal/
Owner of Mintier Harnish and
will be the project team leader.

Jim has been a planner and
project manager since 1970. He
has been an attorney since 1981,
with extensive experience in land use and CEQA.

Jim has been Planning Director for three cities (Galt,
Folsom, and South San Francisco) and understands
every aspect of city and county planning and
zoning. He has managed or is currently managing
general plan updates for the cities of Alturas,
American Canyon, Folsom, Galt, Gilroy, Hayward,
Healdsburg, Isleton, Livingston, Millbrae, Rohnert
Park, Sacramento, South San Francisco, Ukiah, Union
City, Wheatland, and Windsor, and the counties of
Calaveras, Fresno, Kern, Merced, Modoc, San Benito,
San Joaquin, and Ventura. Jim is currently managing
zoning code updates or amendments for the cities
of Gilroy, Santa Clara, Ukiah, and Windsor and the
counties of Madera, Mariposa, and Sierra. Jim has
an unparalleled working knowledge of general plan
updates and has prepared dozens of general plan
work programs and budgets.

Brent Gibbons, AICP
Project Manager
Role: Project Director
Brent has been a planner in
both the public and private
sectors. He specializes in
zoning code interpretation
and preparation, urban design,
site design, community
engagement, land use planning, public policy, and
geographic information systems. Prior to working
with Mintier Harnish, Brent served as a Planner for
both Madera County and the City of Turlock. His
experience includes permit processing, formation of
community/area plans, and project management, as
well as zoning ordinance development.
6 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Ryan Lester
Associate Planner
Ryan is an Associate Planner
with an eye for design. A
skilled user of industry-
standard graphic design
software, Ryan specializes in
preparing accessible, user-
friendly materials that present
planning concepts to the public in concise, easy-
to-understand, and engaging ways. Ryan applies
these skills while crafting existing conditions and
trends analyses, housing needs assessments, and
land use alternatives analyses for cities and counties
throughout the state. Additionally, he designs project
websites, facilitates workshops and stakeholder
interviews, and constructs interactive exercises and
surveys for both in-person and online engagement
efforts. In eight years with Mintier Harnish, Ryan has
worked on over a dozen General Plans and an equal
number of housing elements. Among other projects,
Ryan is currently working on five 6th-cycle housing
elements and is drafting Objective Design and
Development Standards for SB 35 compliance for a
half dozen cities.

Michael Gibbons
Associate Planner
Michael Gibbons is an Associate
with Mintier Harnish. Michael
serves as the day-to-day
planner for a variety of long-
term planning projects including
general plans, zoning code
updates, and housing elements.

He has experience in land use planning, zoning
regulations, Crime Prevention Through Environmental
Design, urban design, architectural applications,
historic preservation, real estate development,
regulatory code, and public policy. Michael has
worked in both the public and private sector, as well
as in law enforcement. Michael holds a bachelor’s
degree in City and Regional Planning from Cal Poly,
San Luis Obispo. Among a number of projects,
Michael is currently assisting with the preparation of
the Mariposa County Development Code Update, the
Town of Windsor Zoning Code Amendments, and the
City of Gilroy General Plan and Zoning Code Updates.

Brent has extensive experience in drafting zoning
code updates and objective and development
standards. Brent is currently managing
comprehensive zoning code updates for the counties
of Fresno, Madera, Mariposa, Merced, and Sierra,
and the cities of Folsom, Gilroy, Kerman Santa Clara,
Walnut Creek, and Windsor. He has also managed
objective standards updates for the counties of
Fresno, Mariposa, and Madera, and the cities of
Folsom, Gilroy, Kerman, Santa Clara, Ukiah, South
Lake Tahoe, and Windsor. Brent’s comprehensive
understanding of the planning process from both
sides of the planning spectrum has proven beneficial
during the formation of and zoning code and
objective standards updates.

Jordan Cowell
Project Manager
Role: Project Manager
Jordan Cowell is a Project
Manager who specializes in
both architecture and planning/
urban design. Jordan has
become an integral member of
the planning team as he is able
to ensure plans will actually work for builders. Jordan applies his detailed knowledge to each project,
streamlining the preliminary planning to construction
document process for our clients. His municipal
planning experience allows him to actively engage in
a wide range of roles on the planning team, including
fast, yet thorough, zoning code analysis thanks to his
intimate understanding of how codes are organized
and written.

Jordan is an experienced problem solver, is adept
in writing specific plans, and provides effective
and efficient support in entitlement processes,
thanks to his work on a wide array of project types
ranging from large-scale master plans to urban infill/
mixed-use projects. He has a passion for developing
a sustainable vision for communities and future
generations to come. Jordan is Assistant Project
Manager for the City of Millbrae, City of San Ramon,
and Trinity County General Plans. Additionally, Jordan
is currently working on objective standards projects
for the cities of Gilroy, Lakeport, and Pleasant Hill.
7 MINTIER HARNISH | REVISED - January 20, 2022
Miller Planning Associates
Martha Miller, AICP
Principal and Owner
Role: Zoning Advisor
Martha is a skilled land
use planner and project
manager specializing
in community planning,
development regulations,
and community
engagement. With 20 years of experience
working in private firms and for public agencies,
Martha brings an in-depth understanding of how
to translate community vision into a usable set
of plans, policies, and regulations that achieve
results. Martha’s approach is marked by carefully
assessing each client’s needs and resources,
and bringing best practices from form-based,
performance-based, and Euclidean applications.

DKS Associates
Jim Damkowitch
Managing Director
DKS Sacramento
Jim has 30 years of experience
in regional multimodal
transportation planning,
congestion management,
multidisciplinary corridor
studies, safety studies, transit
studies, active transportation studies, operational
analyses, transportation and air quality modeling,
and performance measure applications. He has
managed regional transportation plan/sustainable
community strategy updates and general plan
circulation element updates; operational traffic
studies for state highway infrastructure improvement
projects (PSR/PA-ED Phases); corridor studies; active
transportation studies; traffic impact fee programs;
travel demand modeling; air quality modeling; and,
transportation operational studies for a variety of
clients including Caltrans, MPOs, and various cities
and counties in California. He has served on state and
regional planning committees and conference panels
for transportation air quality conformity, performance
measurement, and SB 743, respectively.

Yana Loginova, EIT
Transportation Engineering Associate
Yana is a transportation engineering associate
working on a variety of design, planning, and
operations projects. She has experience working
on traffic signal modification, signing and striping,
lighting, ramp meter, ITS, and operations projects
with private and public agencies throughout
California and Oregon. Yana is experienced in
applying the latest transportation software packages,
including AutoCAD, Microstation, Vissim, Vistro,
Sidra, Tru Traffic, Synchro 10, and Aimsun Next.

Sean Carney, EIT
Transportation Engineer/Planner
Sean offers a broad range of analysis skills
including signal timing, traffic operations analysis,
transportation system planning, and crash data
and safety analysis. He almost exclusively works
with public agencies to identify and resolve the
transportation issues of today and plan around the
travel demand of the future. Sean is experienced in
providing both quantitative and qualitative analysis
for all methods of mobility and has worked on
projects throughout Northern California and Oregon
to address the needs of growing traffic, transit, and
active mobility demands. Sean is adept at applying
various software packages for traffic analysis
including Synchro/SimTraffic, Vissim, ArcGIS, and
Cube.

3. Experience
Relevant Experience:
• City of South Lake Tahoe Objective Residential
Design and Development Standards and
Permit Process Streamlining for Residential
Development
• City of Santa Clara Comprehensive Zoning Code
Update and Objective Design and Development
Standards Update
• City of Ukiah Multi-Family Objective Standards
and Zoning Amendments for Housing
• City of Gilroy Zoning Ordinance Update and
Objective Design and Development Standards
• Town of Windsor Multifamily Objective Design
Standards
• City of Lakeport Objective Design and
Development Standards for Residential
Development
• Del Norte County 6th Cycle Housing Element,
Objective Design and Development Standards,
and Housing Element Implementation
References
Mintier Harnish
City of Ukiah
Objective Standards and
Zoning Amendments for Housing
Mintier Harnish is currently preparing objective
multifamily residential design standards and an
update to the Ukiah Zoning Ordinance to address
flexible standards for housing development. The
objective design standards and zoning ordinance
amendments will reflect changes in State law and
implementation of the City’s Housing Element, which
was adopted in early 2020. Mintier Harnish is also
leading a team to work with the City to update the
General Plan. The update includes broad community
engagement, visioning, alternatives, policy
development and a Program EIR, will be prepared by
Rincon Consultants. The Objective Standards were
adopted in June 2021.

Contact: Mireya G. Turner, MPA
Interim Senior Planner – Special Projects
Department of Community Development
300 Seminary Avenue, Ukiah, CA 95482
(707) 463-6203
[email protected]
Project Director: Jim Harnish
Project Manager: Brent Gibbons
Timing: May 2020 to June 2021
Budget: $97,000
9 MINTIER HARNISH | REVISED - January 20, 2022
City of Hayward
2040 General Plan Update and
Program Environmental Impact
Report (2012-2015)
Mintier Harnish managed a multi-disciplinary
consulting team in a comprehensive update of the
City of Hayward General Plan and preparation of a
Program EIR. The General Plan incorporated new City
initiatives within the context of several significant
changes in State law and a comprehensive strategy
for how the City can address climate change and
sustainability. City staff took a major role in updating the General Plan in-house. Mintier Harnish worked
closely with City staff and the team of consultants
to produce an innovative and compelling plan for
Hayward’s future. We conducted focused Do-It-
Yourself General Plan® training sessions with City
staff throughout the Update process. The resulting
2040 General Plan established a new Vision for
the city of Hayward and included several unique
elements, including a Community Health and Quality
of Life Element and an Education and Lifelong
Learning Element. The General Plan was also
developed as the City’s Community Risk Reduction
Plan and as the City’s Climate Action Plan. The City
Council certified the Final PEIR and approved the
Hayward 2040 General Plan in July 2014. Following
adoption, the Mintier Harnish team created a web-
based, fully searchable online General Plan (www.
hayward2040generalplan.com).

Contact: Sara Buzier, AICP,
Deputy Director
Development Services Department
510.583.4191
sara [email protected]
Project Manager: Jim Harnish
Timing: 2011-2015
Budget: $1,171,210
City of Gilroy
Zoning Ordinance Update and
Objective Design Standards
for Multifamily Residential
Development
Our team is currently preparing a comprehensive
update of the City’s Zoning Ordinance, as well as a
comprehensive set of Objective Standards and an
Missing Middle Housing memorandum. This update
is being undertaken in conjunction with an update
of the General Plan. The Zoning Ordinance Update
includes compliance with changes in Federal and
State law and implementation of the updated
General Plan. The Objective Design Standards were
adopted by the City Council November 2021. This
project is scheduled to conclude in Spring 2022.

Contact: Cindy McCormick
Customer Service Manager
City of Gilroy
(408) 846-0253
[email protected]
Project Director: Jim Harnish
Project Manager: Brent Gibbons
Timing: October 2020 - November 2021
Budget: Objective Standards - $120,000
Miller Planning Associates
We have included project examples on the following
pages.
10 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates

WEST SACRAMENTO, CALIFORNIA

ZONING ORDINANCE MODERNIZATION
Martha Miller was the project manager for a comprehensive update to the City’s Zoning Ordinance. The Zoning Ordinance, originally written in 1990 shortly after incorporation, had been amended numerous times but had not been comprehensively updated. As land use patterns diversified and modernized, the City found that the Zoning Ordinance was hindering new land use and development objectives and economic development.

The Zoning Ordinance Modernization Project (ZOMP!) brought the code up to date, adequately reflecting modern uses and current development practices. The ZOMP! also provides consistency with the recently adopted General Plan. Included in the update was a comprehensive revision of the City’s sign regulations. The goal of the sign regulation revisions was to provide for the conveyance of information in a way that protects and enhances community character and is consistent with recent case law.

CLIENT
City of West Sacramento

PROJECT TIMELINE
2016-2019

CONTACT
David Tilley, Principal Planner
(916) 617-4645
[email protected]

CONTRACT AMOUNT
$235,000

WEB LINK
http://online.encodeplus.com/
regs/westsacramento-ca/index.
aspx
WWW.MILLERPLANNINGASSOCIATES.COM
11 MINTIER HARNISH | REVISED - January 20, 2022

NEWARK, CALIFORNIA

ZONING CODE UPDATE
Martha Miller was the project manager for the comprehensive update of the City of Newark’s Zoning Ordinance. The new Zoning Ordinance implements the City’s General Plan in a concise, user-friendly set of regulations. A priority of this project was to craft regulations that will allow Newark to maintain and enhance the character of existing neighborhoods, promote economic development, and create new identifiable places, consistent with the General Plan. The new regulations are written to be predictable, understandable, and enforceable. A streamlined approval process has been established for conforming projects and an extensive use of graphics have been integrated to reduce wordiness.

The update was comprehensive, including new districts, use allowances, procedures, and sign regulations. The sign regulations were updated to comply with state and federal law and the 2015 Supreme Court case Reed v. T own of Gilbert.

CLIENT
City of Newark

PROJECT TIMELINE
2016-2018

CONTACT
Art Interiano, Deputy Community
Development Director
(510) 578-4331
[email protected]

CONTRACT AMOUNT
$250,000

WEB LINK
http://bit.ly/2KsD6iG
WWW.MILLERPLANNINGASSOCIATES.COM
12 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates DKS Associates
City of Hercules
General Plan Circulation Element
DKS assisted the City of Hercules in updating the
Circulation Element of their General Plan, previously
updated in 1998 by DKS. The update includes an
improved focus on a multimodal transportation
network and complete streets concepts and
improvements and included the following elements:
• Develop a program for outreach that helped to
identify the needs and concerns of stakeholders,
decision-makers, and the public
• Evaluation of the existing circulation system and
projected development to evaluate and prioritize
potential improvements
• Creation of a circulation model for Hercules
based on the existing CCTA traffic model to
evaluate various transportation improvement
alternatives
• Update of the goals and policies included in the
existing Circulation Element to reflect current
priorities
• Confirmation of environmental (CEQA)
compliance for the identified alternatives
• Assist in the adoption of the Circulation Element
and provide the City with guidance on fee
programs, grant programs, and other existing or
emerging sources that could be tapped to help
fund improvements identified in the Circulation
Element
The update also included a task to do cost estimating
for the identified improvements and a Nexus Study
to establish a developer fee structure.

Contact: Holly Smith, City of Hercules Planning
Director, (510) 799-8247, [email protected]
City of Dixon
General Plan Update/EIR
DKS was contracted to prepare the transportation
and circulation element update for Dixon’s General
Plan and perform analysis in support of the EIR.

DKS will be providing transportation modeling and
engineering services, including the assessment of
transportation impacts of a baseline future land use
and up to two alternatives for the General Plan and
EIR. DKS will also recommend improvements that will
be required to mitigate potential impacts determined
in the analysis.

Contact: Joe Leach, PE, City Engineer/Public Works
Director, (707) 678-7031x5305, [email protected]
City of Santa Maria
VMT Threshold Study
DKS is developing the City of Santa Maria’s SB 743
VMT Threshold Study. The study entailed establishing
a VMT methodology, analysis and establishment of
VMT Thresholds, assessment of VMT mitigation, and
development of a VMT Sketch Planning Tool. DKS
also reviewed the City of Santa Maria’s VISUM model
to identify modifications that will allow the model
to be more sensitive to VMT assessments consistent
with SB 743. The Santa Maria model was modified
and now generates full-trip length VMT estimates
for both residential and non-residential City trips
consistent with SB 743. DKS made two presentations
to the Santa Maria Planning Commission to describe
and provide options regarding screening criteria and
thresholds. Adoption of the City of Santa Maria VMT
Thresholds by City Council is scheduled/anticipated
by September 2020.

Contact: Ryan Hostetter, AICP, Planning Manager,
(805) 925-0951 ×2369,
[email protected]
13 MINTIER HARNISH | REVISED - January 20, 2022
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14 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates

4. Project Understanding and Approach
Project Understanding
The City of Hayward is seeking proposals from
qualified consultants to prepare Objective Standards
for Residential Development and Zoning Consistency
Updates (Objective Standards and Zoning
Consistence Updates). Our understanding of the
Project is based on a combination of the Request for
Proposals, the City’s response to questions regarding
the RFP (Addendum 1), our experience assisting
numerous other communities in successfully crafting
standards, our overall understanding of the housing
crisis in California, and our knowledge from preparing
zoning codes for dozens of cities and counties
throughout the state. This Project is the City’s
opportunity to establish clear and unambiguous,
internally-consistent, legally-defensible residential
design standards and development regulations
that reflect a contemporary Hayward. The objective
design and development standards will comply with
the requirements of State law and set the stage for
continued positive change in the community. Based
on our understanding, we have identified seven
objectives for the Project.

Engage the Community. The City expects the
Consultants to work with staff to organize and
facilitate an effective community engagement
program. The engagement program should include
a wide range of components intended to maximize
public participation, including a project webpage,
project-specific marketing materials, interactive
outreach efforts, community workshops, stakeholder
meetings, study sessions, and adoption hearings.

The new Objective Standards must be based upon
the results of a comprehensive public engagement
program to ensure that everyone in the community
has an opportunity to participate and are fully
represented in shaping Hayward’s future. Further,
outreach activities should be conducted through
a racial equity lens to ensure that the proposed
objective standards and zoning updates do not
disproportionately impact communities of color.

Special attention should be given to communicating
information clearly and succinctly and in multiple
languages, as necessary, so that it is accessible and
easy to understand.

Conduct Background Research. The City expects
the Consultants to conduct background research to
gain an understanding of community priorities, the
City’s current residential development standards,
and existing General Plan and Zoning discrepancies
for single family zoned parcels in Hayward. The
Consultants will prepare a General Plan Zoning
Discrepancy Memo that identifies parcels within the
city that are zoned for single family residential uses
but have underlying General Plan designations that
allow or require higher densities. The memo should
include analysis of the implications of SB 9 and any
Recent Changes to State Law
California is in the midst of a housing crisis in
which communities throughout the state are
challenged with accommodating their fair share
of housing production. The housing shortage
prompted California to enact new laws in 2017
(SB 35, SB 167, AB 648) requiring cities and
counties to streamline housing approval by
establishing a by-right, ministerial approval
process for multifamily residential development;
and to provide an increased standard of proof
to legally deny a lower- or moderate-income
housing project. In 2019, changes to the Housing
Accountability Act (SB 330, AB 1485) further
limited a jurisdictions ability to deny or reduce
the density of housing projects that meet
objective standards, while expanding SB 35
eligibility and protections under the HAA. Under
these changes to State law, jurisdictions without
a ministerial approval process have little say in
the design of developments processed under the
protections of the HAA. Key to the establishment
of this process is the replacement of subjective
design guidelines and discretionary review with
objective standards and ministerial approval.

Finally, the zoning code will need to be brought
into compliance with State legislation from 2021,
including SB 9, SB 10, and SB 478, which directly
limit a jurisdiction’s ability to control certain
density, lot size, and lot coverage requirements.
15 MINTIER HARNISH | REVISED - January 20, 2022
other recent State legislation on these parcels, and
specifically whether this recent legislation eliminates any of the existing discrepancies in allowable density.

As part of this process, the City expects the
Consultants to prepare a Residential Objective
Standards Background Report that summarizes
recent legislation, including SB 35, SB 330, SB 8,
and SB 9, that restrict the City’s ability to deny
projects that meet adopted objective standards.

The report should further analyze the City’s Zoning
Ordinance, Off-Street Parking Regulations, Mission
Boulevard Corridor Code, Downtown Development
Code, Design Guidelines, Hillside Design and
Urban/Wildland Interface Guidelines, and various
Neighborhood Plans to summarize the objective
standards for residential development are already
in place and where changes or additions may be
appropriate. Finally, the report should also identify
best practices regarding objective standards in
similar communities around the Bay Area and
beyond.

Develop a Vision for the Objective Standards.

The City expects the Consultants to develop a
Vision Statement for the Residential Objective
Standards portion of the project that fine tunes the
project’s goals and objectives, as identified through
initial outreach to decision makers, stakeholders,
community members, and staff. The Vision Statement
should be designed as a one-to-two-page graphic
handout that is eye-catching and easy to understand.

Provide a Technical Report with Options and
Recommendations. The City expects the Consultants
to prepare a Technical report that explores potential
updates for zoning consistency and provides
options and recommendations for new or revised
objective standards for residential development.

The Report should include a Zoning Consistency
Recommendations Memo that introduces different
approaches to bringing the City’s single family zoned
properties into compliance with their underlying
General Plan land use designations. This may include
a rezoning of these properties, creation of one
or more zoning overlays, or other strategies. The
memo should state which, if any, of the proposed
approaches would require environmental analysis.

Additionally, the Technical Report should include an
Objective Standards Technical Report that introduces
various options for objective standards for residential development that the City may want to adopt. The
Report should analyze tradeoffs in selecting different
options, including the potential impacts to different
stakeholders and community members, the feasibility
and/or potential economic impacts, and impacts to
overall design aesthetic and diversity. The analysis
should include a Prototype Analysis that illustrates
how changes in key development standards (such
as parking, massing, setbacks, and articulation)
would result in different building prototypes for three residentially zoned sites in the city.

Draft Objective Residential Standards and
Zoning Consistency Updates. The City expects
the Consultants to develop Draft Objective
Standards and Zoning Consistency Updates based
on feedback received on the Zoning Consistency
Recommendations Memo and Objective Standards
Technical Report. Both documents should indicate
the specific location where the proposed changes
will occur in the City’s adopted Ordinances, Codes,
and Plans. The City expects the Objective Standards
to include high quality graphics and diagrams to
clearly illustrate standards.

Complete Environmental Review. If necessary, the
Consultants will prepare all required studies and
documents for California Environmental Quality
Act (CEQA) review, including, if warranted, an
Initial Study and Draft and Final Addendum to
the General Plan EIR. For budget purposes, the
Consultants should list different costs depending on
the level of analysis that may ultimately be needed.

The City expects the Consultants to provide one
Administrative Draft and one Screencheck Draft
round of review for each document.

Prepare Final Documents. The City expects the
Consultants to prepare final versions of the Objective
Standards and Zoning Consistency Updates based
on feedback on the draft documents from decision-
makers, stakeholders, and community members. The
final documents will be presented to the Planning
Commission and City Council for final consideration.
16 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Our Approach
Based on our understanding of the City’s
expectations for the Objective Standards and Zoning
Ordinance Updates, we identified six themes for our
approach to the Project.

Collaborate with Staff. Close collaboration with
City staff throughout the project is an essential part
of our approach. While we have broad experience
with zoning code updates, City staff has detailed
working knowledge of Hayward’s regulatory
structure and development approval process. We
will establish a close working relationship and
regular communication with City staff throughout
the project. We will work with City staff early on
to define work responsibilities and communication
protocols. We will form an integrated and seamless
staff/consultant project team. We could also
provide optional staff training opportunities at the
beginning of the process to understand the details
and mechanics of preparing objective design and
development standards and methods for streamlining
residential development approvals.

Design and Implement a Robust Community
Engagement Program. Throughout the Project,
we will facilitate an effective engagement
program around three key components: education
and information; engagement and interaction;
and validation and direction. Education and
information include a Project website, project
logo/branding, e-blasts, social media posts, press
releases, newsletters, and informational handouts.

Engagement and interaction include community
workshops, online opinion surveys, and study
sessions and public hearings. We will focus particular
attention on engaging a wide range of community
members, including communities that have limited
or no access to technology or who are hard to reach
an/or do not typically participate in City processes,
homeowners, renters, housing advocates, developers,
and architects.

Clearly Define Issues and Opportunities. Key to the
success of the objective design and development
standards is clearly identifying the types of
residential development projects that are preferred
in the city, projects that did not work, obstacles in
the project approval process, and opportunities for
improvement. Early in the Project, we will facilitate
meetings and conference calls to refine the work
scope, thoroughly define and explore issues and
opportunities, and prioritize tasks. We will meet with
stakeholders selected by City staff to understand the
perspectives of the regulated community. We will
also facilitate a study session with the City Council
and Planning Commission to understand their
expectations for future residential development and
additional desired outcomes of the project.

Build on Successes. Every planning process requires
a solid foundation on which to build. We will identify
successful residential design that has worked well for
the City. We will research and analyze existing City
planning documents to extract design approaches
that could be implemented citywide. We will also
analyze recent relevant State law and provide a
summary of best practices regarding objective
standards in similar communities around the Bay
Area and beyond.

Create New Ideas. At each step in the process, we
will explore new ideas and innovative approaches
for establishing objective design and development
standards that address design, massing,
neighborhood compatibility, parking, setbacks,
and/or other topics identified as important by the
community, stakeholders, decision-makers, and
staff. Additionally, we will explore and present
innovative concepts based on our understanding of
best practices in residential and mixed-use zoning
regulations and our extensive experience working
with a wide array of cities throughout California.
17 MINTIER HARNISH | REVISED - January 20, 2022
Deliver User-Friendly Objective Standards for
Residential Development. We prepare user-
friendly residential design and development
standards in a format that is easily read and
understood by residents, permit applicants, City
staff, the Planning Commission, and the City
Council. While technical and regulatory, there
is no need for standards in the Zoning Code to
be difficult to use and understand. The content,
format, and presentation of the objective
standards will provide all users with a clear
understanding of the land use regulations and
development standards, and expectations for the
project approval and permitting processes. We
will provide graphic illustrations and consolidated
tables, where useful and appropriate. We will
eliminate internal inconsistencies and clarify cross-
referencing.
18 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Phase 1: Project Management
Throughout the Project, Mintier Harnish will
manage communication and coordination
between our staff, subconsultants, and City staff,
including meetings, phone/Zoom conferences,
email exchanges, and other communications to
ensure timely delivery of all tasks.

Task 1.1: Kickoff Meeting
Mintier Harnish will facilitate a kick-off meeting
with City staff and Consultant team to discuss
the project work scope, schedule, budget, and
communication protocols. We will clearly identify
the roles and responsibilities of key staff and
Consultants.

Further, we will identify the core project
management team and establish a schedule for
recurring bi-weekly check-in zoom/conference
calls and any additional meetings. Finally, we will
prepare agendas and action minutes for all calls
and meetings, and monthly status reports on the
Project.

Meetings:
• Project Kickoff meeting with City staff and
Consultant Team
Deliverables:
• Standardized file-naming protocols
• E-mail protocols to assure consistency in
team communication
• Standardized document format and style
guide
• Coordination meeting/call agendas and
action minutes
• Data needs list
• Community engagement event preparation
guides/checklists
• Monthly Project status reports
• Invoices
Phase 2: Community Engagement
Program
The Consultants will develop and finalize a Community
Engagement Strategy that we will use to guide
engagement throughout the Project. The strategy
will describe how the engagement will be structured
to ensure residents, businesses, property owners,
and other community stakeholders are aware of and
engaged throughout the project. This will include
not only multiple opportunities to provide input
and feedback, but multiple outreach techniques to
maximize community engagement. While we expect to
refine the details of the Engagement Strategy with City staff, our work program and budget estimate includes
the following engagement elements:
• Project website
• Project logo and branding
• Newsletters (2)
• Flyers
• E-blasts
• Social media
• Press releases
• Community Opinion survey
• Online engagement
• Community workshop
• Support of community led events
• Stakeholder Interviews
• City Council and Planning Commission Study
Sessions (5 total)
• Planning Commission Hearing
• City Council Hearing
• Translation services
As the Community Engagement Strategy is finalized,
some of these elements may be substituted for
others as the consultant team receives feedback from
staff, decision makers, and the community on the
most effective ways to reach the diverse Hayward
community.

Throughout every phase of the Project, we will facilitate an effective engagement program around three key
components: education and information; engagement
and interaction; and validation and direction.

Education and information includes a Project website,
project logo/branding, e-blasts, social media posts,
newsletters, and flyers. Engagement and interaction
includes opinion surveys and online engagement,

5. Scope of Work
19 MINTIER HARNISH | REVISED - January 20, 2022
community workshops and events, and stakeholder
interviews. Validation and direction includes City
Council and Planning Commission Study Sessions,
and public hearings. The following is a detailed
description of our suggested engagement activities.

These are subject to refinement in consultation with
City staff.

The following is a detailed description of our
suggested engagement activities. These are subject
to refinement in consultation with City staff.

Project Website. The Consultants will design,
develop, and maintain a Project website. The
Consultants will build the website on a user-friendly
platform that allows quick and easy updates to
the site. In addition to being an important public
outreach and information tool, the website will serve
as an administrative record of the project. It will
include all meeting announcements/materials, draft
and final documents, and meeting summaries. Once
the site is live, the Consultants will prepare email
blasts, use City social media accounts, and other
outreach methods to drive traffic to the site.

Project Logo and Branding. The Consultants will
work with City staff to develop an overall brand for
the Project. This will be carried through all materials, the Project website, and presentations to build
enthusiasm and ensure that this effort is distinct in
the minds of the public and other stakeholders. As
part of this effort, we will prepare three branding
options for the City’s consideration.

Newsletters. The Consultants will prepare two
newsletters at key points in the Project. The
newsletters will serve as Project-specific marketing
and educational materials for City staff outreach
efforts. The newsletters will provide a project status
report, summarize a key topic or subject, and
promote upcoming community engagement events
and online activities. The newsletters will be highly
graphical, attractive, easy to read, and typically four pages long. We will provide them to City staff for
distribution at the Planning front counter, in City
buildings, other public facilities, and events.

Newsletter #1 will introduce the Project, direct
readers to the Project website, and will announce the
Community Workshop. Newsletter #2 will present the
Vision Statement, summarize the Zoning Consistency
Recommendations Memo and Objective Standards
Technical Report, and announce the release of the
Draft Objective Residential Standards and Draft
Zoning Consistency Updates.

Flyers. The Consultants will prepare promotional
flyers in conjunction with all workshops and events.

The flyers will serve as easy-to-read handouts
suitable for posting in City offices and other public
buildings, community bulletin boards, and in store
windows. Mintier Harnish will also provide digital
copies of the flyer in sizes appropriate for posting on social media and other online platforms.

E-blasts, Social Media, Press Releases. The
Consultants will prepare periodic e-blasts and/or
social media posts at key points in the Project to
inform the public about engagement opportunities,
upcoming meetings and events, and availability
of new documents. We will coordinate all public
information through City staff.

Community Opinion Survey. The Consultants will
work with the City to craft, distribute, and tabulate a Community Opinion Survey. The Community Opinion
Survey will be a critical tool to understanding the
community wants, needs, and concerns regarding
residential objective standards in Hayward. We
will conduct the survey as a part of the online
engagement program. We will publicize the survey
through the Project and City websites, eblasts, social
media, and announcements at City Council and
Planning Commission meetings.

Online Engagement. The Consultants will develop
and use online engagement platforms, linked
from the project website, to collect input from the
community. We will regularly update the online
engagement tools with new questions, surveys,
opinion polls, and geographic mapping tools. The
following are typical uses of this engagement, and
other ideas will be generated in response to input
received, making the input for Hayward uniquely
tailored to capture community attitudes on design-
related issues. These online activities can also mirror concurrent in-person engagement done at the
community workshop for those community members
who were not able to attend in person.
20 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Visit http:/ /pleasanthill2040.com/engage.html to
view an example of how we have incorporated public
engagement activities on a General Plan Update
page.

Community Workshop. The Consultants will facilitate
the Community Workshop interested community
members. This workshop will serve to provide
a common understanding of the need for and
purpose of the Project, the key steps in the process,
community engagement opportunities, new State
requirements, and contemporary planning issues.

Mintier Harnish will also facilitate an open dialog to
gain input on the community’s expectations for the
Objective Standards Update and design in Hayward.

We will also conduct a visioning exercise that will
serve as one of the tools informing the Draft Vision
Statement.

Partner with Community Organizations. In order
to effectively connect with the broadest range of
community members, the Consultants will work with
City staff to identify and collaborate with existing
community groups and organizations for direct
community member engagement. We will inform
and educate group and organization staff about
the project, document content, and our feedback
objectives and provide them with engagement
materials. We will continue to work with the
organizations to inform and educate community
members and explore options for maximizing
community input and direction throughout the
remainder of the Project.

Stakeholder Interviews. The Consultants will conduct
eight one-on-one and group interviews via Zoom
or conference call with local housing developers,
architects, housing advocates, and others, to gain
an understanding of the ideas and expectations of
housing and subsequent development regulations
in the city. We will summarize the results of the
interviews in a memorandum.

City Council and Planning Commission Study
Sessions. The Consultants will facilitate five Study
Sessions with the City Council and Planning
Commission. At each Study Session, the Consultants
will provide an update of the Project status, present
specific topical information, and solicit direction
and feedback from the Council and Commission.

The study sessions will be an opportunity to review
community input received and discuss the Project
Vision Statement, discuss the Zoning Consistency
Recommendations Memo and Objective Standards
Technical Report, as well as review the Administrative
Draft Residential Objective Standards and Zoning
Consistency Update.

Planning Commission Hearing. The Consultants
and City staff will facilitate a public hearing with
the Planning Commission to review the Final Zoning
Updates for Zoning/General Plan Consistency and
Final Residential Objective Standards. The Planning
Commission will consider all public comments
and, at the conclusion of the hearings, make
recommendations to the City Council regarding the
Final Objective Standards and Zoning Consistency
Updates.

City Council Hearing. The Consultants and City staff
will facilitate a public hearing with the City Council
to review the Final Zoning Updates for Zoning/
General Plan Consistency and Draft Residential
Objective Standards. At this meeting, the City
Council will consider the Planning Commission’s
recommendations and all public comments. At the
conclusion of the hearings, the City Council will
adopt the Final Zoning Updates for Zoning/General
Plan Consistency and Final Residential Objective
Standards with any desired changes.

Translation Services. Our team has included a
preliminary budget for translation services in the
Direct Services line item in our budget. As requested
in Addendum #1 to this RFP, we have assumed
responsibility for providing verbal translation services available at the community workshop, as an option
for any stakeholder interview participants. During
the kick-off meeting in Task 1, we will discuss City
staff expectations for further translation services.

There are two basic types of translation services:
written and verbal. All Update documents can
be translated; however, we typically limit written
translation to eblasts, newsletters, opinion surveys,
open house materials, and other community
engagement-related documents. The Project Website
would be available in other languages as well. All
other project documents (e.g., Zoning Consistency
21 MINTIER HARNISH | REVISED - January 20, 2022
Recommendations Memo) can be translated, but can
represent a significant expense. Translation services
can be provided in multiple languages, as necessary.

COVID-19 and Community Engagement
Due to the ongoing COVID-19 pandemic, we do
realize that the extent of community engagement
and participation in public meetings, workshops,
and community events is still unknown. Our team
is flexible in our approach to collaborate with
the City on the facilitation of these public events.

We are currently working on several projects
that have temporarily transitioned to Zoom
or Go-To-Meeting virtual platforms for public
meetings and that have been quite successful,
particularly with stakeholder interviews. Using
virtual platforms over time can also save on travel
time and cost. We have also reimagined how to
solicit community feedback and have transitioned
several large outreach events to completely
virtual events. These have included interactive
online exercises, educational and informational
videos, live webinars with Q&A sessions, and
visual preference surveys.

As requested in the RFP, we have included
separate cost estimates for virtual and in person
attendance for each meeting. We will work with
City staff to finalize our approach to facilitating
community outreach, Study Session, and Public
Hearings, and are dedicated to ensuring an
inclusive process for all.

Deliverables:
• Community Engagement Program
• Project logo, website materials
• Project Newsletters (2)
• Community Opinion Survey (hardcopy/digital)
• Stakeholder Interview Summary Memo (Word/
PDF)
• Online engagement tools such as surveys, polls,
and mapping exercises, as planned in the final
Community Engagement Program.
• PowerPoint presentations, as needed
• Meeting notes
Phase 3: Vision and Background
Research
Task 3.1: General Plan/Zoning Discrepancy Memo
The Consultants will conduct background research
to gain an understanding of community priorities,
the City’s current residential development standards,
design guidelines, and existing General Plan and
Zoning discrepancies for single family zoned
parcels in Hayward. We will identify single family
zoned parcels that have underlying General Plan
designations that allow or required higher densities
and will summarize our findings in a General Plan/
Zoning Discrepancy Memo. The Memo will also
include analysis of the implications of SB 9 and any
other recent State legislation on these parcels, and
specifically whether this recent legislation eliminates any of the existing discrepancies in allowable density.

Task 3.2: Vision Statement
The Consultants will develop a Vision Statement
for the Residential Objective Standards portion of
the Project that fine tunes the project’s goals and
objectives, as identified through initial outreach to
decision makers, stakeholders, community members,
and City staff. The Vision Statement will be designed
as a one-to-two-page graphic handout that is both
attractive and user-friendly.

Task 3.3: Residential Objective Standards
Background Report
The Consultants will produce a Residential Objective
Standards Background Report summarizing recent
legislation, including SB 35, SB 330, SB 8, and SB
9, that restrict the City’s ability to deny projects
that meet adopted objective standards. We will
also analyze the City’s Zoning Ordinance, Off-Street
Parking Regulations, Mission Boulevard Corridor
Code, Downtown Development Code, Design
Guidelines, Hillside Design and Urban/Wildland
Interface Guidelines, and various Neighborhood Plans
to summarize the objective standards for residential
development that are already in place and where
changes or additions may be appropriate. Finally,
we will identify best practices regarding objective
standards in similar communities around the Bay
Area and beyond.
22 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Meetings:
• Community Workshop #1: Attendance and
facilitation
• Community Event #2: Stakeholder Interviews:

Attendance and facilitation
• Study Session #1: Attendance and facilitation of
a Joint Planning Commission/City Council Study
Session on community input and the Project
Vision
Deliverables:
• General Plan/Zoning Discrepancy Memo (Word/
PDF)
• Vision Statement (Word/PDF)
• Residential Objective Standards Background
Report (Word/PDF)
• PowerPoint presentations, as needed
• Meeting notes
Phase 4: Parking Analysis
The Consultants will conduct an analysis of
the City’s current residential parking standards
and the potential economic impacts of altering
requirements, particularly in the area governed by
the Mission Boulevard Corridor Code, which has no
minimum parking standard of altering requirements,
particularly in the area governed by the Mission
Boulevard Corridor Code, which has no minimum
parking standard.

Deliverable:
• Parking Analysis (Word/PDF)
Phase 5: Technical Report with
Options and Recommendations
Task 5.1: Zoning Consistency Recommendations
Memo
The Consultants will prepare a Zoning Consistency
Recommendations Memo that introduces different
approaches to bringing the City’s single family zoned
properties into compliance with their underlying
General Plan land use designations. This may include
a rezoning of these properties, creation of one or
more zoning overlays, or other strategies. We will
then analyze each site and state which, if any, of the
proposed approaches would require environmental
analysis.

Task 5.2: Objective Standards Technical Report
The Consultants will prepare an Objective Standards
Technical Report that introduces various options
for objective standards for residential development
that the City may want to adopt. We will analyze
tradeoffs in selecting different options, including
the potential impacts to different stakeholders
and community members, the feasibility and/or
potential economic impacts, and impacts to overall
design aesthetic and diversity. To help demonstrate
the tradeoffs of different options, we will include
a Prototype Analysis that illustrates how changes
in key development standards (such as parking,
massing, setbacks, and articulation) would result in
different building prototypes for three residentially
zoned sites in the city. As stated in the RFP, we
assume the City will work with our team to select
sites for the Prototype Analysis.

Meetings:
• Study Session #2: Attendance and facilitation
of a Planning Commission Study Session on the
Zoning Consistency Recommendations Memo
and the Objective Standards Technical Report
• Study Session #3: Attendance and facilitation
of a City Council Study Session on the Zoning
Consistency Recommendations Memo and the
Objective Standards Technical Report
Deliverables:
• Zoning Consistency Recommendations Memo
• Objective Standards Technical Report
• PowerPoint presentations, as needed
• Meeting Notes
Phase 6: Draft Objective
Residential Standards and Zoning
Consistency Updates
Based on feedback received on the Zoning
Consistency Recommendations Memo and Objective
Standards Technical Report from decision makers,
23 MINTIER HARNISH | REVISED - January 20, 2022
stakeholders, and the community, the Consultants
will develop the Draft Objective Residential
Standards Update and the Draft Zoning Consistency
Update. Within each document, we will indicate the
specific location where the proposed changes will
occur in the City’s adopted Ordinances, Codes, and
Plans. The Draft Objective Residential Standards
shall further include high quality graphics and
diagrams to clearly illustrate standards, as necessary.

For each of the two documents, we will prepare
an Administrative Draft for review by City staff.

Following a period for staff review, we will revise the document and produce a Public Review Draft of each
document as outlined in Phase 8.

Meetings:
• Study Session #4: Attendance and facilitation
of a Planning Commission Study Session on
the Administrative Draft Objective Residential
Standards and the Administrative Draft Zoning
Consistency Update
• Study Session #5: Attendance and facilitation
of a City Council Study Session on the
Administrative Draft Objective Residential
Standards and the Administrative Draft Zoning
Consistency Update
Deliverables:
• Administrative Draft Zoning Updates for Zoning/
General Plan Consistency (Word/PDF)
• Administrative Draft Objective Residential
Standards (Word/PDF)
• PowerPoint presentations, as needed
• Meeting Notes
Phase 7: Environmental Review
If required, the Consultants will conduct an
environmental review of the Public Review Draft
Objective Residential Standards and Public Review
Draft Zoning Consistency Update consistent with
the requirements of CEQA. The City certified the
Environmental Impact Report for the 2040 General
Plan in July 2014. Based on our understanding of
the probable contents of the Draft Zoning Updates
and Objective Residential Standards, the Code is
likely to be consistent with the 2040 General Plan
FEIR. We will make this determination in consultation
with City staff and the City Attorney. If necessary,
we will prepare an initial draft and final technical
memorandum supporting a finding of consistency
of the Public Review Draft Objective Residential
Standards and Public Review Draft Zoning
Consistency Update with the 2040 General Plan FEIR
or an Addendum to the 2040 General Plan EIR.

Deliverables:
• Environmental studies, as necessary
• Initial Study, as necessary
• Draft and Final Addendum to General Plan EIR,
as necessary (Word/PDF)
Phase 8: Final Documents
Based on feedback on the draft documents from
decision-makers, stakeholders, and community
members, the Consultants will prepare final versions
of the Objective Standards and Zoning Consistency
Updates for final consideration by the Planning
Commission and City Council.

Meetings:
• Public Hearings (2): Attendance and facilitation
of a Planning Commission and a City Council
Hearing
Deliverables:
• Public Review Draft Zoning Updates for Zoning/
General Plan Consistency (Word/PDF)
• Public Review Draft Objective Residential
Standards (Word/PDF)
• Final Zoning Updates for Zoning/General Plan
Consistency (Word/PDF)
• Final Residential Objective Standards (Word/
PDF)
• PowerPoint presentations, as needed
24 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates

6. Schedule of Charges
We have included our proposed schedule of charges for labor and expenses for the Objective Standards and Zoning Consistency Updates below. Within this schedule of charges, we have identified labor rates for the specific professional staff assigned to work on this Project. As stated in the RFP, we understand that the proposed schedule of charges is subject to negotiation prior to contract execution.

7. Budget
We have included our budget for the Objective Standards and Zoning Consistency Updates on the following page. The budget is organized by the tasks listed in the Scope of Work, hourly rates, and team member. The proposed budget is submitted on a “not to exceed” basis. The budget also includes direct expenses such as travel, printing, and translation services.

Our budget reflects the additional $50,000 added to the project total as a part of the December 2, 2021, Addendum #2. We included the parking study as a budgeted task, not an optional task. We have also included $30,000 as contingency for unanticipated work. We believe our original cost estimate was sufficient to cover the work scope described in the Request for Proposals. City staff may want to allocate contingency to expanded community engagement or retain it for unanticipated additional work tasks. If selected to the project, we will discuss these options further with City staff at the project kick-off meeting.

Staff Member Billing Rate Assigned Hours
Jim Harnish, Project Advisor $250/hour 108
Brent Gibbons, Project Director $200/hour 100
Jordan Cowell, Project Manager $185/hour 260
Ryan Lester, Associate Planner $170/hour 252
Michael Gibbons, Associate Planner $170/hour 80
Admin./Support $115/hour 46
Direct Expenses $7,700 total -
Martha Miller, Zoning Advisor $200/hour 102
Jim Damkowitch, Parking Analysis Lead $275/hour 24
Carney/Loginova, Transportation Planners $150/hour 80
25 MINTIER HARNISH | REVISED - January 20, 2022
Proposal Cost Estimate (1)(2)
Mintier Harnish
HAYWARD OBJECTIVE STANDARDS FOR RESIDENTIAL DEVELOPMENT AND ZONING CONSISTENCY UPDATES
TASKS

HARNISH
Project
Advisor
B. GIBBONS
Project
Director
COWELL
Project
Manager
LESTER
Associate
Planner
M. GIBBONS
Associate
Planner

ADMIN/SUP
PORT

SUBTOTAL
HOURS

SUBTOTAL
COSTS
MILLER
Principal/Zoning
Advisor

SUBTOTAL
HOURS

SUBTOTAL
COSTS

DAMKOWITCH
Task Lead

CARNEY/

LOGINOVA
Transportation
Planner

SUBTOTAL
HOURS

SUBTOTAL
COSTS
TOTAL
COSTS
Phase 1: Project Management
Task 1.1: Kickoff Meeting 8 8 10 26 $5,450 2 2 $400 0 $0 $5,850 Task 1.2: Project Management 8 10 36 46 100 $15,950 6 6 $1,200 0 $0 $17,150 Subtotal 16 18 46 0 0 46 126 $21,400 8 8 $1,600 0 0 0 $0 $23,000 Phase 2: Community Engagement Program
Task 2.1: Community Engagement Program (see line items below) 0 $0 0 $0 0 $0 $0 Community Engagement Program 2 2 6 10 20 $3,710 0 $0 0 $0 $3,710 Project logo, website, and business cards 2 2 8 16 28 $5,100 0 $0 0 $0 $5,100 Project Newsletters (2) 2 2 6 16 26 $4,730 0 $0 0 $0 $4,730 Community Opinion Survey (hardcopy/digital) 2 6 8 16 $2,970 0 $0 0 $0 $2,970 Stakeholder Interview Summary Memo 2 2 12 16 $2,910 0 $0 0 $0 $2,910 Online engagement tools such as surveys, polls, and mapping exercises, 2 6 10 18 $3,210 0 $0 0 $0 $3,210 Subtotal 10 8 34 72 0 0 124 $22,630 0 0 $0 0 0 0 $0 $22,630 Phase 3: Vision and Background Research
Task 3.1: General Plan/Zoning Discrepancy Memo 4 4 8 36 52 $9,400 6 6 $1,200 0 $0 $10,600 Task 3.2: Vision Statement 2 4 8 14 $2,780 4 4 $800 0 $0 $3,580 Task 3.3: Residential Objective Standards Background Report 6 4 10 40 60 $10,950 8 8 $1,600 0 $0 $12,550 Community Workshop #1: Attendance and facilitation 8 6 14 24 52 $9,870 0 $0 0 $0 $9,870 Community Event #2: Stakeholder Interviews: 10 12 22 $3,890 0 $0 0 $0 $3,890 Study Session #1: Joint PC/CC on Community Input and Project Vision 6 10 4 20 $3,730 0 $0 0 $0 $3,730 Subtotal 20 24 60 80 36 0 220 $40,620 18 18 $3,600 0 0 0 $0 $44,220 Phase 4: Parking Analysis
Task 4.1: Parking Analysis/Study 4 8 8 20 $4,080 0 $0 24 80 104 $18,600 $22,680 Subtotal 4 8 8 0 0 0 20 $4,080 0 0 $0 24 80 104 $18,600 $22,680 Phase 5: Technical Report with Options and Recommendations Task 5.1: Zoning Consistency Recommendations Memo 2 12 24 38 $6,980 48 48 $9,600 0 $0 $16,580 Task 5.2: Objective Standards Technical Report 2 4 12 24 42 $7,600 0 $0 0 $0 $7,600 Study Session #2: PC on Zoning Consistency Memo and ODDS Technical Report 6 10 4 20 $3,730 0 $0 0 $0 $3,730 Study Session #3: CC on Zoning Consistency Memo and ODDS Technical Report 6 10 4 20 $3,730 0 $0 0 $0 $3,730 Subtotal 4 28 32 32 24 0 120 $22,040 48 48 $9,600 0 0 0 $0 $31,640 Phase 6: Draft Objective Residential Standards and Zoning Consistency Updates Task 6.1: Draft Objective Residential Standards and Zoning Consistency Updates 0 $0 0 $0 0 $0 $0 Administrative Draft Zoning Updates for Zoning/General Plan Consistency 2 4 16 22 $4,020 16 16 $3,200 0 $0 $7,220 Administrative Draft Objective Residential Standards 4 36 40 80 $14,460 10 10 $2,000 0 $0 $16,460 Public Review Draft Zoning Updates for Zoning/General Plan Consistency 2 2 4 8 $1,580 2 2 $400 0 $0 $1,980 Public Review Draft Objective Residential Standards 2 8 16 26 $4,700 0 $0 0 $0 $4,700 Study Session #4: PC on Admin Draft ODDS and Zoning Consistency Update 6 10 2 18 $3,390 0 $0 0 $0 $3,390 Study Session #5: CC on Admin Draft ODDS and Zoning Consistency Update 6 10 2 18 $3,390 0 $0 0 $0 $3,390 Subtotal 10 18 64 60 20 0 172 $31,540 28 28 $5,600 0 0 0 $0 $37,140 Phase 7: Environmental Review
Task 7.1: Environmental Review 24 4 28 $6,800 0 $0 0 $0 $6,800 Subtotal 24 4 0 0 0 0 28 $6,800 0 0 $0 0 0 0 $0 $6,800
Phase 8: Final Documents
Task 8.1: Final Documents 0 $0 0 $0 0 $0 $0
Final Zoning Updates for Zoning/General Plan Consistency 2 2 4 8 $1,550 0 $0 0 $0 $1,550 Final Residential Objective Standards 2 2 4 8 $1,550 0 $0 0 $0 $1,550 Planning Commission Hearing 8 10 18 $3,850 0 $0 0 $0 $3,850 City Council Hearing 8 10 18 $3,850 0 $0 0 $0 $3,850
Subtotal 20 0 24 8 0 0 52 $10,800 0 0 $0 0 0 0 $0 $10,800 TOTAL
Total Hours 108 108 268 252 80 46 862 ‐ 102 102 ‐ 24 80 104 ‐ ‐ 2021 Billing Rates (subject to change every January 1st) $250 $200 $185 $170 $170 $115 ‐‐ $200 ‐‐ $275 $150 ‐‐ ‐ Labor Subtotals $27,000 $21,600 $49,580 $42,840 $13,600 $5,290 ‐ $159,910 $20,400 ‐ $20,400 $6,600 $12,000 ‐ $18,600 $198,910 Direct Expenses (e.g., translation services, printing, travel, online engagement fee) $5,000 $1,000 $1,000 $6,000 TOTAL COST W/O CONTINGENCY $164,910 $21,400 $19,600 $204,910 CONTINGENCY $30,000
TOTAL COST W/CONTINGENCY $234,910
1) This represents a total cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate. While the total costs will not change, the distribution of hours/costs may vary depending on actual execution.

MINTIER HARNISH DKSMILLER PLANNING ASSOCIATES

Page 1 ends

26 CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Appendix A: Detailed Resumes
We have included our detailed resumes on the following pages.

A-1
MINTIER HARNISH | REVISED - January 20, 2022
Jim Harnish is the Principal/Owner of Minti er Harnish. He has been a planner and project manager since 1970. He is also an att orney with extensive experience in land use and CEQA. He has managed public agencies and private consulti ng ﬁ rms.

He specializes in project management for general plans, speciﬁ c plans, and large private planning projects; CEQA compliance and environmental document peer review; zoning and regulatory ordinance preparati on; and public outreach and consensus-building.

Jim is currently Project Director on general plan updates for the citi es of American Canyon, Livingston, Los Gatos, Millbrae, Rohnert Park, and the counti es of Fresno, Kern, and Ventura, and zoning code updates for the citi es of Folsom, Gilroy, and Santa Clara, and the counti es of Fresno, Madera, Mariposa, Merced, and Sierra.

Jim’s broad experience, in both the public and private sector, in land use planning, regulatory codes and ordinances, permit processing, environmental analysis, toxics and hazardous materials, wetlands and endangered species, and legal analysis enables him to bring a wealth of experience to every project.

Jim has extensive experience in supervising large planning staﬀ s and managing interdisciplinary consultant teams on complex planning projects. Jim has managed or prepared general plans for the citi es of Alturas, American Canyon, Folsom, Galt, Gilroy, Hayward, Healdsburg, Isleton, Livingston, Millbrae, Rohnert Park, Sacramento, South San Francisco, Ukiah, Union City, Wheatland, and Windsor, and the counti es of Calaveras, Fresno, Kern, Merced, Modoc, San Benito, San Joaquin, and Ventura.

He has managed the preparati on of speciﬁ c plans for Southwest Live Oak, the Mountain House New Town in San Joaquin County, and the Gold Rush Ranch in Sutt er Creek. He also assisted Genentech with the preparati on and approval of its South San Francisco Campus Master Plan and EIR. Jim has also prepared zoning ordinance updates for several jurisdicti ons, including, Kern, Merced, and San Joaquin Counti es and the citi es of Santa Rosa, and South San Francisco.

Jim has been principal-in-charge of several regional planning projects in the San Joaquin Valley, including the San Joaquin Valley Blueprint implementati on project, which included the Valley Planners Toolkit. He also managed the Metro Rural Loop Study for the Fresno Council of Governments and the San Joaquin Valley Greenprint II program.

Jim has managed the preparati on of or conducted criti cal third party review of numerous EIRs and negati ve declarati ons. As Environmental Coordinator for the City of Sacramento, he led the restructuring of the City’s environmental review procedures. He has worked extensively with State and Federal regulatory agencies in creati ng and negoti ati ng Habitat Conservati on Plans (Coalinga), 404 permits, and wetland miti gati on plans.

EDUCATION
Juris Doctor
McGeorge School of Law,
University of the Paciﬁ c
Bachelor of Arts, History
University of California, Davis

CERTIFICATIONS/

AFFILIATIONS
California State Bar Associati on
(Bar No. 99326)
American Planning Associati on

EXPERIENCE
Minti er Harnish
Principal/Owner
City of South San Francisco
Chief Planner
Sugnet & Associates
Vice President
City of Folsom
Community Development Director
City of Sacramento
Environmental Coordinator
Balfrey & Abbott
Att orney
Minti er Harnish & Associates
Partner
Sacramento Area Council of Governments
Planner
County of Sacramento
Planner

PROJECTS
General plans for over 25 citi es and
counti es throughout California
Environmental impact reports for over
100 general plans and other projects
Zoning and subdivision ordinance
revisions for 10 citi es and counti es
[email protected]

JIM HARNISH, JD

PRINCIPAL/OWNER
A-2

BRENT GIBBONS, AICP

SENIOR PROJECT MANAGER
Brent Gibbons has been a planner in both the public and private sectors since 2013. He specializes in architectural applicati ons, urban design, site design, land use planning, public policy, geographic informati on systems, regulatory code and ordinances, CEQA analysis, and community engagement.

Brent started his professional career as a Planner I with Madera County, which included the review of project plans with the zoning administrator, operati ng the front planning counter, and regularly evaluati ng setback variances and zoning permits. Brent was promoted to Planner II aft er a year, and managed projects with greater responsibility. His overall experience at Madera County included the intake of permits, zoning ordinance development, presentati ons to the Planning Commission, formati on of community/area plans, and serving as the lead on solar facility and wireless tower projects. Brent also had the opportunity to serve on several committ ees pertaining to the drought and well water demand, as well as community park planning and design in conjuncti on with public health agencies.

Additi onally, Brent worked as an Assistant Planner for the City of Turlock where he conducted project permitti ng, development of maps, the General Plan Annual Report, and project management. His work included interfacing with a multi tude of stakeholders ranging from community members to real estate developers.

Prior experience includes an internship with Hathaway Dinwiddie (Santa Clara oﬃ ce) in 2008 on the Solyndra Project, where Brent served as the onsite contact between the City of Milpitas and the Project Engineer. Tasks delegated included project permitti ng, editi ng plans, and constructi on administrati on. Brent also interned for the Housing Authority of San Mateo County, where he amended the HOME Aﬀ ordability Covenant, performed HOME rent reviews for 2004-2009, and evaluated year-end ﬁ scal performance data.

Brent holds a Bachelor’s Degree in City and Regional Planning from California Polytechnic State University (Cal Poly), San Luis Obispo. While at Cal Poly San Luis Obispo, Brent served as the Associated Students in Planning (ASP) President, and the American Insti tute of Architecture Students (AIAS) President, where he sat on a nati onal board that provided student connecti on to the American Insti tute of Architects (AIA). He represented Cal Poly at two internati onal student architecture conferences in Minneapolis in 2009 and Toronto, Ontario, in 2010.

Brent also was part of the project team that took 1st Place in the Bank of America Low Income Housing Challenge in 2012 for the Alere development.

EDUCATION
Bachelor of Science,
City and Regional Planning
Cal Poly, San Luis Obispo

CERTIFICATIONS/

AFFILIATIONS
American Insti tute of Certi ﬁ ed Planners
American Planning Associati on,
Sacramento Valley Secti on
enCode user Certi ﬁ cati on

EXPERIENCE
Minti er Harnish
Senior Project Manager, Project
Manager, Associate
City of Turlock
Assistant Planner
Madera County
Planner II
San Mateo County Housing Authority
Housing and Community
Development (HCD) Intern
Hathaway Dinwiddie, Santa Clara
Project Engineer Intern

PROJECTS
General plans for the City of Gilroy,
the Town Los Gatos, the Town of
Windsor, and the Counti es of Fresno,
Sierra County, and Ventura
SB244: Disadvantaged Communiti es
Report for Merced County
Zoning Ordinance updates for the
Counti es of Fresno, Merced, and Sierra,
the Citi es of Folsom, Gilroy and Santa
Clara, and the Placer County Sunset Area
Plan Implementi ng Zoning Regulati ons
Objecti ve Design and Development
Standards for the Citi es of Folsom, Gilroy,
South Lake Tahoe, and Ukiah, the town
of Windsor, and the county of Mariposa
Town of Windsor Housing Element Update
[email protected]
A-3
MINTIER HARNISH | REVISED - January 20, 2022

JORDAN COWELL

PROJECT MANAGER
Jordan Cowell is Project Manager at Minti er Harnish who specializes in both architecture and planning/urban design. He has experience working with communiti es, private developers, and public agencies since 2013. He began his professional career as Planner I with DAHLIN Group Architecture & Planning, where he was involved in a wide array of project types ranging from large-scale master plans to urban inﬁ ll/mixed use projects. During this tenure, Jordan was promoted to Planning Project Manager, where he has provided innovati ve planning and design experti se to maintain eﬃ ciency for every project and valued clients.

With his extensive experience working closely with builder/developers, Jordan is an integral member of the planning team as he is able to ensure plans are feasible and implementable. He applies his detailed knowledge to every project through his familiarity of varying building typologies and densiti es, pays close att enti on to the issues related to mass and scale, and has the ability to bridge the gap between the vision and jurisdicti onal requirements. His municipal planning experience allows him to acti vely engage in a wide range of roles on the planning team, including fast, yet thorough, zoning code analysis thanks to his inti mate understanding of how codes are organized and writt en.

Jordan’s prior experience includes working as a Community Development Intern for the City of Atascadero, where he assisted with front counter assistance, building permit plan checks, code enforcement, preparati on of staﬀ reports, presentati ons and documentati on.

Jordan graduated with honors from California Polytechnic State University (Cal Poly), San Luis Obispo, and holds a Bachelor’s Degree in City and Regional Planning. While at Cal Poly, Jordan served one term as a Faculty Representati ve for the Associated Students in Planning (ASP), and att ended an Urban Design Summer Program at the Universidade Lusofona de Humanidades e Tecnologias in Lisbon, Portugal. In additi on, Jordan assisted in compiling a database for two professors, Michael Boswell and Adrienne Greve, in preparati on for their book Local Climate Acti on Planning. Jordan also holds an Associate of Science in Architecture with a concentrati on in planning from Modesto Junior College.

EDUCATION
Bachelor of Science, City
and Regional Planning
Cal Poly, San Luis Obispo

EXPERIENCE
Minti er Harnish
Project Manager, Associate
DAHLIN Group
Project Manager
City of Atascadero
Community Development
Planning Intern

PROJECTS
General Plans:

General Plan Updates for the
Citi es of Solvang, San Ramon,
Millbrae, and Trinity County
Objecti ve Design and Development
Standards for the Citi es of Gilroy and
Pleasant Hill, and Commercial and Mixed-
Use Design Standards for Eldorado County
Citywide Design Guidelines for the City
of Elk Grove and Residenti al Design
Requirements for the City of Vacaville
Speciﬁ c Plans:

Amoruso Ranch Speciﬁ c Plan,
Roseville; Watson Ranch Speciﬁ c
Plan, American Canyon; Duarte
Stati on Speciﬁ c Plan, Duarte
TOD/Aﬀ ordable/
Senior Development Projects:

Prynt Mixed-Use, Tamien Stati on
Redevelopment, SoHay Catalyst
Site, Kotti nger Gardens Pleasanton,
The Cannery at Lewis Street Gilroy,
Shorebreeze Apartments Mountain View
[email protected]
A-4

RYAN LESTER

ASSOCIATE
Ryan is a planner with an eye for design. A skilled user of industry-standard graphic design soft ware, Ryan specializes in preparing accessible, user-friendly materials that present planning concepts to the public in concise, easy-to- understand, and engaging ways. Ryan applies these skills while craft ing existi ng conditi ons and trends analyses, housing elements, objecti ve design standards, and land use alternati ves analyses for citi es and counti es throughout the state.

For Housing Element eﬀ orts, Ryan constructs and implements community engagement programs, facilitates stakeholder interviews and workshops, and completes housing needs and constraints analyses. Further, Ryan develops available sites inventories, AFFH analyses, and, implementati on programs that are responsive to both State law and local context.

In eight years with Minti er Harnish, Ryan has worked on over a dozen General Plans and an equal number of housing elements. Among other projects, Ryan is currently writi ng four 6th-cycle housing elements and is draft ing Objecti ve Design and Development Standards for SB 35 compliance for several citi es. Additi onally, Ryan is working on the SJV REAP Housing Study and is on the Minti er Harnish team providing valleywide REAP-funded housing element technical assistance.

Ryan holds a Master’s Degree in U.S. Social and Cultural History from California State University, Sacramento, as well as a Bachelor’s Degree in U.S. History from the same insti tuti on.

EDUCATION
Master of Arts, U.S. Social
and Cultural History
California State University, Sacramento
Bachelor of Arts, U.S. History
California State University, Sacramento

EXPERIENCE
Minti er Harnish
Associate, Planner, Research Assistant
The League of California Citi es
Member Services Representati ve

PROJECTS
General Plans for the Citi es of American
Canyon, Folsom, Gilroy, Kerman,
Millbrae, Pleasant Hill, Solvang, Ukiah,
and Union City, the Towns of Los
Gatos, Truckee, and Windsor, and the
Counti es of Fresno, Kern, and Ventura
6th Cycle Housing Elements for the
Citi es of Carlsbad, Galt, Pleasant Hill,
Shasta Lake, Solvang, and St. Helena, and
Del Norte County.
5th Cycle Housing Elements: Research
Assistant for several update eﬀ orts
Objecti ve Design and Development
Standards for the citi es of Folsom,
Gilroy, Lakeport, Pleasant Hill,
Santa Clara, South Lake Tahoe, and
Ukiah, and the Town of Windsor
Additi onal Projects:

SJV REAP Housing Study and Technical
Assistance Team, San Joaquin
County Greenprint Phase II, SMUD
Environmental Sustainability Plan, Sunset
Area Plan Update (Placer County)

SOFTWARE/

WEB DESIGN

Adobe Illustrator, InDesign, Photoshop
HTML and CSS
Microsoft Oﬃ ce
[email protected]
A-5
MINTIER HARNISH | REVISED - January 20, 2022

MICHAEL GIBBONS

ASSOCIATE
Michael is an Associate Planner with Minti er Harnish. He has worked in both the public and private sector, as well as in law enforcement. He has experience in land use planning, zoning regulati ons, Crime Preventi on Through Environmental Design, urban design, architectural applicati ons, historic preservati on, real estate development, regulatory code, and public policy.

Michael started his career as the Assistant Planner for the City of Napa, where his technical duti es included processing zoning clearances, temporary use permits, sign permits, business licenses, and building permits. He reviewed development proposals and applicati ons for compliance with appropriate regulati ons and policies, and subsequently made recommendati ons to the City Council, Planning Commission, and Cultural Heritage Commission.

During his tenure with the City of Napa, Michael decided to serve the community in a diﬀ erent capacity. Working in the community he served and lived in fueled his desire to transiti on into Law Enforcement, where he became a City of Napa Police Oﬃ cer. Michael att ended the Napa Valley College Criminal Justi ce Training Center, where he received his California POST Peace Oﬃ cer Certi ﬁ cati on. Michael transiti oned back into Land Use Planning in 2019.

Michael’s prior experience includes working as a Community Development Intern for the City of Gilroy, where he assisted with sign permitti ng, front counter assistance, and the review of plot plans. He also worked as a Housing and Community Development Intern for the City of Hollister, where he performed site and architectural review, the processing of user permits and variances, CEQA document review, and minor subdivision review. Additi onally, Michael worked as an Intern for Minti er Harnish, where he performed a variety of planning and oﬃ ce support tasks.

Michael graduated with honors from California Polytechnic State University (Cal Poly), San Luis Obispo, and holds a Bachelor’s Degree in City and Regional Planning. While at Cal Poly, Michael minored in both Real Estate Development and Sustainable Environments, and served two terms as the Associated Students in Planning (ASP) President. Michael also holds an Associate of Science in Mathemati cs with a concentrati on in Architecture from Cuesta College in San Luis Obispo.
michael@minti erharnish.com

EDUCATION
Bachelor of Science in City
and Regional Planning
Cal Poly, San Luis Obispo
Associate of Science in Mathemati cs
with a Concentrati on in Architecture
Cuesta College, San Luis Obispo
California Peace Oﬃ cer
S t a n d a r d s a n d Tr a i n i n g C e r ti ﬁ c a t e Napa Valley Police Academy, Napa

AFFILIATIONS
American Planning Associati on,
Sacramento Valley Secti on

EXPERIENCE
City of Napa
Police Oﬃ cer
City of Napa
Assistant Planner
Minti er Harnish
Planner, Intern
City of Hollister
Community Development Intern
City of Gilroy
Community Development Intern

PROJECTS
General Plan Updates for the Citi es
of Gilroy, Pleasant Hill, Livingston,
American Canyon, and Los Gatos,
and the County of Kern
Zoning Ordinance Updates for the Citi es
of Gilroy, Folsom, Kerman, and Santa Clara,
and the Counti es of Madera and Mariposa
A-6
[email protected] , 626 -616-9303 | 1

Education
Master of City and Regional
Planning
California Polytechnic
University, San Luis Obispo
Bachelor of Science in Industrial
Engineering
Purdue University
Certifications &
Affiliations
American Institute of
Certified Planners
American Planning Association
(APA), California Central Coast
San Luis Obispo Subsection
Director (2015 - 2017)
Cal Poly City and Regional
Planning Advisory Council
(CiRPAC), Chair
Awards
2017 APA Sacramento Valley
Section Award of Excellence,
Placer County Tahoe Basin Area
Plan
2014 APA Los Angeles
Section Award of Excellence
and 2014 Southern California
Association of Governments
Sustainability Award,
San Gabriel “Greening the Code”
Martha Miller, AICP
Principal and Owner, Miller Planning Associates
Martha is a skilled land use planner and project manager specializing in community planning, development regulations, and community engagement. With 20 years of experience working in private firms and for public agencies, Martha brings an in-depth understanding of how to translate community vision into a usable set of plans, policies, and regulations that achieve results. Martha’s approach is marked by carefully assessing each client’s needs and resources, and bringing best practices from form -based, performance -based, and Euclidean applications.

Relevant Project Experience
• El Monte Comprehensive Zoning Ordinance and Citywide Design Guidelines Update
• Goleta New Zoning Ordinance and Coastal Implementation Plan • Hayward Industrial District Regulations Update
• Morro Bay Comprehensive Zoning Code and Coastal
Implementation Plan Update
• Newark Comprehensive Zoning Ordinance Update
• Vacaville Land Use and Development Code Audit and Update (CodeUP)
• West Sacramento Zoning Ordinance Modernization Project (ZOMP!)
• Santa Barbara New Zoning Ordinance
• Norma Triangle (West Hollywood) Neighborhood Overlay
District and Design Guidelines
• Fresno Development Code Update
• Honolulu Transit Oriented Development Land Use Ordinance Amendments
• Tahoe Region Local Planning Implementation
• Town of Mammoth Lakes Commercial Districts Development Standards
• Placer County Area Plan and Implementing Ordinance
• Porterville Development Code Update
• Princeton (San Mateo County) General Plan, Zoning, and Local Coastal Plan Update (Plan Princeton)
• San Carlos Zoning Ordinance Update
• San Gabriel “Greening the Code” Zoning Amendments
• South San Francisco Zoning Ordinance Update
A-7
MINTIER HARNISH | REVISED - January 20, 2022
[email protected] , 626 -616-9303 | 2 Professional Experience
Miller Planning Associates, 2019-Present
Principal and Owner of planning firm specializing in community planning, development regulations, and community engagement.

Lisa Wise Consulting, Inc, 2017-2019
Director responsible for project management of development code and planning projects, as well as staff, office, and business management.

RRM Design Group, 2015-2017
Principal Planner providing business development, preparation, and project management for zoning and development code projects. Individual project responsibilities include providing overall project direction, conducting technical analysis, preparing recommendations, crafting regulations, and leading workshops.

Dyett & Bhatia, Urban & Regional Planners, 2008-2015
Principal in charge of zoning responsible for project management of General Plan, Zoning, and Local Coastal Program updates.

Department of Planning and Building San Luis Obispo, 2000-2003 and 2004‐‐2008 Senior Planner responsible for preparing and/or updating community plans, coastal planning, policies, zoning regulations, ordinances, and design guidelines; processing land use permit and land division applications; performing CEQA compliance including management of Environmental Impact Reports and preparation of Mitigated Negative Declarations.

Sapphos Environmental, Urban Planner/Environmental Analyst, 2003-2004 Urban Planner/Environmental Analyst responsible for managing planning projects; assisting counties, cities, and special districts with comprehensive planning efforts and environmental compliance; and preparing environmental compliance documents including Environmental Impact Reports and Negative Declarations.

Speaking Engagements
Co-Instructor, CRP 430 Professional Planning Practice, Cal Poly, San Luis Obispo, 2017, 2018, 2019 Updating Your Zoning Code: Overcoming Challenges, 2019 American Planning Association California State Conference
From Here to There: The Future of Mobility, 2017 American Planning Association Central Coast Section Barn Raising in the Burbs: Novel Strategies for Growing Food and Cultivating Community Through Urban Farming, 2016 American Planning Association California Chapter State Conference Supporting Urban Agriculture in Your Community, 2014 American Planning Association California State Conference
A New Paradigm for Keeping Tahoe Blue, 2013 American Planning Association California State Conference A-8
CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates

Brian Copeland, PE, PTOE—Page 1

JIM DAMKOWITCH
Jim has 30 years of experience in regional multimodal transportation planning, congestion management, multidisciplinary corridor studies, safety studies, transit studies, active transportation studies, operational analyses, transportation and air quality modeling, and performance measure applications. He has managed regional transportation plan/sustainable community strategy updates and general plan circulation element updates; operational traffic studies for state highway infrastructure improvement projects (PSR/PA-ED Phases); corridor studies; active transportation studies; traffic impact fee programs; travel demand modeling; air quality modeling; and, transportation operational studies for a variety of clients including Caltrans, MPOs, and various cities and counties in California. He has served on state and regional planning committees and conference panels for transportation air quality conformity, performance measurement, and SB 743, respectively.

Relevant Project Experience
Circulation Elements/Regional Plans
• Ventura County General Plan Update (2016–Current)
• Fresno County General Plan EIR Baseline Update (2016–2017) • San Joaquin County CA General Plan Update & EIR (2008-15) • City of San Luis Obispo General Plan Update (2012-2014) • City of Goleta General Plan (2006)
• MCAG 2018 RTP/SCS
• StanCOG 2018 RTP/SCS & EIR
• SJCOG 2018 RTP/SCS Technical Support
• SJCOG 2018 RTP/SCS EIR
• Calaveras COG RTP Update (2017)
• Del Norte County Local Transportation Authority RTP Update (2016) • California Rural Counties Task Force: Performance Monitoring Indicators for Rural and Small Urban Transportation Planning (2015)
• CA Strategic Growth Council, 2014 MPO SCS Self-Assessment • SJCOG 2014 RTP/SCS & EIR Technical Support
• StanCOG 2014 RTP/SCS & EIR
Travel Demand Modeling / SB 743 Studies
• City of Goleta SB 743 VMT Threshold Study & Sketch Planning Tool (2020) • City of Santa Maria SB 743 VMT Threshold Study & Sketch Planning Tool (2020) • El Dorado County 743 VMT Threshold Study Peer Review (2020) • City of Fairfield SB 743 VMT Threshold Study (2020)
• Ventura County General Plan EIR SB 743 VMT Threshold Analysis (2020) • Caltrans District 5 Modeling On-Call (Contract #05A1141; 2007-2012) • Caltrans D-1 Del Norte County Travel Demand Model Development (2013) • TRPA/TMPO Travel Model Update Validation Peer Review (2016) • El Dorado County Travel Model Update Peer Review (2016) • City of Goleta Travel Demand Model Update (2017)
• TRPA/TMPO Interregional Trip Estimation Peer Review (2018) Corridor Studies
• MCAG, Atwater-Merced Expressway (SR 59 Bypass) PA-ED/PS&E (2010) Education: MS, Geography,
University of California, Santa
Barbara, CA
BA, Geography (Honors),
University of California, Santa
Barbara, CA
Presentations: Travel
Behavior Responses to
Increased Highway Capacity.

California Air Pollution Control
Officers Association - Air
Quality Planning Symposium
Improving the Transportation
Conformity Process. California
Air Pollution Control Officers
Association - Air Quality
Planning Symposium
Old Car Buyback: Merits and
Funding Issues. California Air
Pollution Control Officers
Association - Air Quality
Planning Symposium
Impacts of Employer-Based
TDM Strategies on GHG
Emissions: A Case Study for
San Joaquin County,
California. ITE Western
District 2011 Annual Meeting
Analysis of Multi-Modal and
GHG Reduction Strategies on
Interregional Traffic in the I-
580 Corridor. ITE Western
District 2012 Annual Meeting
Visual Simulation of Cut-
Through Traffic in the City of
Goleta. ITE Western District
2012 Annual Meeting
A-9
MINTIER HARNISH | REVISED - January 20, 2022

Brian Copeland, PE, PTOE—Page 2
• SR 88 Bypass PSR Traffic Analysis (San Joaquin County 2010) • I-580 Interregional Multimodal Corridor Study (MTC/SJCOG 2011) • US 101 HOV PA-ED (Caltrans D-5, 2012)
• SR 99 & I-5 Interregional STAA Truck Study (SACOG/SJCOG, 2012) • Amador CTC SR 16 Corridor Analysis: Watt to Grant Line Road (2014) • SLOCOG US101 Corridor Mobility Master Plan (2014)
• SLOCOG SR 227 Operations Study (2016)
• TAMC SR 68 Scenic Highway Plan (2017)
• PCTPA I-80/SR 65 Travel Time Reliability and Safety Analysis (2017) • SCCRTC SR 1 Unified Corridor Investment Study (2018)
• SR 49 CSMP - Technical Advisor (2018, NCTC)
• SLOCOG US 101 Access Restriction Traffic Diversion Study (2019) • US 101 Pismo PA-ED Traffic Operations Report (Caltrans D-5, 2019) • NCTC SR 49 Multimodal Corridor Plan (2020)
• NVTA SR 29 Comprehensive Multimodal Corridor Plan (2020) Congestion Management Program (Federal/State)
• SJCOG 2019 Congestion Management Program Monitoring Report Update • StanCOG 2018 Partial CMP Update as part of 2018 RTP/SCS • SACOG 2017 Federal Congestion Management Program
• SJCOG 2017 CMP Monitoring Report Update
• SJCOG 2016 Congestion Management Program Update
• SJCOG 2012 Congestion Management Program Update & Automation Project • SJCOG 2010 Regional Deficiency Analysis
• While at SBCAG (1992-2005) CMP Program Management
Air Quality Planning / Climate Action Plans
• County of Merced - Climate Action Plan (2018-Present) • TMPO GHG Reduction Technical Support (2016)
• City of Gridley - Climate Action Plan (2015)
• Caltrans On-Call Air Quality Study Support Services (2009-2015) • KCAG Climate Action Plan (2014)
• SCAQMD Technical Assistance Related to GHG Air Quality Impacts (2008-13) • City of Manteca Climate Action Plan (2011)
• TMPO Air Quality Technical Support (2008-11)
• SJCOG Regional TDM Plan & GHG Estimation (2010)

Fee Studies
• SJCOG Regional Transportation Impact Fee Addendum (2020) • El Dorado County Western Slope Traffic Impact Fee Program Update (Current) • City of Rancho Cordova Traffic Fee Impact Fee Update (2020, Current) • City of Goleta Development Impact Fee Update (2018)
• City of Goleta Development Impact Fee Update (2018)
• City of Chico Facilities Fee Update (2018)
• SJCOG Regional Transportation Impact Fee Update (2018) • El Dorado County Western Slope Traffic Impact Fee Program Update (2016) • San Joaquin County Traffic Impact Mitigation Fee Program Update (2015) • SJCOG Regional Transportation Impact Fee Update (2011) • San Joaquin County Traffic Impact Fee Mitigation Program 2008 Update (2008) • Atwater-Merced Expressway (SR-59 Bypass) Regional Fee Analysis (2008) • City of Rio Vista AB1600 Study (2008)
• City of Goleta CIP Fair Share Analysis (2008)

San Joaquin Valley Fall Policy
Conference (2013): Moderator
for the "Innovations in Transit
and Travel”.

San Joaquin Valley Fall Policy
Conference (2014): Panelist:
"Navigating SB 375: CEQA
Streamlining and SB 743
Transportation Analysis”
Association of Environmental
Professionals (AEP) 2015
State Conference: Panelist:

SB 7 43 Practicum: Policy,
Practical Tools, Tips, and
Techniques for Implementing
SB 7 43 CEQA Guidance
Application of Caltrans Smart
Mobility Framework for the US
101 Corridor Mobility Master
Plan in San Luis Obispo
County. ITE Western District
2015 Annual Meeting
Development of Performance
Measures for Rural Counties
in California. National
Transportation Research
Board 2017 Annual Meeting
SR 68 Scenic Highway Plan in
Monterey County. ITE
Western District 2019 Annual
Meeting
Sustainable Community
Strategy Implementation: Fact
or Fiction? Panel Discussion.
2019 American Planning
Association California Annual
Conference
SB 743 Where is the safety?
Panel Discussion. 2019
American Planning
Association California Annual
Conference
Years of experience: 30

A-10
CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates

Brian Copeland, PE, PTOE—Page 1

YANA LOGINOVA, EIT
Transportation Engineering Associate
Yana is a transportation engineering associate working on a variety of design, planning, and operations projects. She has experience working on traffic signal modification, signing and striping, lighting, ramp meter, ITS, and operations projects with private and public agencies throughout California and Oregon. Yana is experienced in applying the latest transportation software packages, including AutoCAD, Microstation, Vissim, Vistro, Sidra, Tru Traffic, Synchro 10, and Aimsun Next.

Relevant Experience
Westminster On-Call Staff Support, Westminster, CA. Yana assisted the City of Westminster in preparation for the citywide inventory of signalized intersections and updated the citywide local timings to ensure compliance with the latest standards set by MUTCD.

Yana developed the citywide Synchro Model to help the City identify the local routes which needed improvement in synchronization and to propose possible flush plans.

SR-134 Traffic Signal Improvements, Burbank, CA. The City of Burbank looked to improve various traffic signals along SR-134 and the surrounding area. Yana assisted the design team to prepare signal upgrade plans, improve safety for vehicles and pedestrian access, replace signal controller and cabinet equipment, and fulfill the requirements as set forth in the CA MUTCD.

Imperial Highway Traffic Signal Synchronization Project, Los Angeles County, CA. Yana is responsible for the design of the project, including twelve intersections improvements along the Imperial corridor within Los Angeles County, the City of Inglewood, and the City of Hawthorne. The project involves the preparation of traffic signal plans for traffic signal upgrades, modifications, and intersection geometry improvements including signing and striping improvements.

Olympiad Road – Felipe Road Traffic Signal Synchronization Project, Mission Viejo, CA. As a project engineer, Yana assisted in the preparation of the traffic signal timing plans for the corridor. In addition, she assisted in performing data collection and analysis to develop and implement optimized traffic signal synchronization.

Union Street Two-Way Cycle Track Project, Pasadena, CA. As a project engineer, Yana worked with a multi-disciplined team to provide public outreach, environmental clearance, preliminary and final design, and construction support for a two-way cycle track on Union Street from Arroyo Parkway to Hill Street in the City of Pasadena, California. The design will involve safety measures protecting bicyclists including median barriers separating the cycle track from vehicle lanes, as well as upgrades in traffic signalization and communications that will provide gaps in traffic for bikes and pedestrians to complete turning movements and crossings.

Registration: California
Engineer in Training No.
169042
Education: BS, Civil
Engineering, University of
California Irvine
Years of experience: 3

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MINTIER HARNISH | REVISED - January 20, 2022

Brian Copeland, PE, PTOE—Page 1

SEAN CARNEY, EIT
Transportation Engineer/Planner
Sean offers a broad range of analysis skills including signal timing, traffic operations analysis, transportation system planning, and crash data and safety analysis. He almost exclusively works with public agencies to identify and resolve the transportation issues of today and plan around the travel demand of the future. Sean is experienced in providing both quantitative and qualitative analysis for all methods of mobility and has worked on projects throughout Northern California and Oregon to address the needs of growing traffic, transit, and active mobility demands. Sean is adept at applying various software packages for traffic analysis including Synchro/SimTraffic, Vissim, ArcGIS, and Cube.

Relevant Experience
2035 General Plan Circulation Element, West Sacramento, CA.

Sean assisted in developing the focused travel demand model for the City, as well as applying the model to update the circulation element of the City’s general plan. Sean helped with the development of model inputs and developed a Synchro network for intersection analysis and a series of Excel workbooks to evaluate roadway and freeway segment performance. Further, he worked on incorporating elements of the City’s Bicycle, Pedestrian, and Trails Master Plan into the 2035 General Plan Circulation Element.

Sacramento Downtown Transportation Study, Sacramento, CA. Sean assisted in the evaluation of multiple planning alternatives for the Downtown Sacramento street grid. This work included the post processing of activity-based model results in Excel and the mapping of these results in GIS. Some evaluation metrics included mode share, vehicle miles of travel, vehicle hours of delay, and street segment volume-to-capacity ratios for all streets in the downtown area.

Additional work included the mapping of all downtown bus lines and transit stops as well as the mapping of the downtown on-street parking data in GIS.

Rancho Cordova General Plan Update, Rancho Cordova, CA. DKS will provide the City with development and traffic forecasts on several “base scenarios” for the EIR on the general plan update.

Folsom General Plan, Folsom, CA. As part of a multidisciplinary team, DKS developed the alternatives for the general plan update. Because the City of Folsom is largely built out and the planning for the new growth area south of Highway 50 is largely complete, city-wide land use alternatives were deemed unnecessary. Instead, alternatives were developed for selected focus areas or corridors. Using the input gathered at the third Townhall Forum, the team identified focus areas that represent the greatest potential for future change, such as Sutter Street and Historic Folsom, the Bidwell Corridor, and the Corp Yard. The focus of the alternatives were options for enhancing these opportunity areas through land use and urban form, and for increasing connectivity between activity nodes within the city. DKS assisted in identifying options for complete streets for the focus area alternatives.

Registrations:

Engineer in Training
(CA), Certificate No.
146088

Education: BS, Civil
Engineering, Cal Poly
San Luis Obispo

Years of experience: 6

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CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Appendix B: Project Example Sheets
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Example Architectural Graphics
Articulation Articulation Articulation
4' 4'
36' Max. 36' Max.

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CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards Policy – Adopted October 18, 2021

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include a minimum of two (2) color palettes and shall not use a single palette on more than 70 percent of the residential structures. Stone materials shall not be painted.

CIRCULATION

Intent: To provide pedestrians, vehicles, and cyclists with safe and efficient site access and circulation, site design shall meet the following objective criteria:

• Pedestrian Circulation. All structures, entries, facilities, amenities, and parking areas shall be internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along each street frontage. Pedestrian pathways shall be separated from roads and parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised planting strip.

• Vehicular Circulation. All parking areas shall be internally connected and shall use shared driveways within the development.

• Carports: Carports shall be painted with the approved color palette for the project.

• Parking. Parking shall not be located between the building frontage and a public sidewalk.

Uncovered parking areas shall include a landscaped break with one (1) tree and a minimum width of five (5) feet at intervals of a maximum of every 12 parking stalls.

FIGURE 10: UNCOVERED PARKING AREAS

• Bicycle Parking. All structures with dwelling units shall provide short-term bike parking in the form of an inverted “U”. An artistic rack may be proposed, subject to discretionary City approval. Bicycle parking shall not be separated from building entrances by a road, parking area, or structure.

Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards Policy – Adopted October 18, 2021

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Multi-family Residential Developments

• Front entries. Buildings positioned along the street shall orient front entries to the street. Street facing residential units shall have covered front entries with a minimum recess or projection of 48 square feet in area.

• Entryway Design. Street facing entries shall be accentuated by a minimum of one (1) of the following:
• a change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb.
• an increase in roof height of at least one (1) foot to accentuate the entry. • wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

• Garage Doors. For projects containing five (5) or more units, garage doors shall not face a public street(s) but may be oriented toward an alley or a private street/driveway that is internal to the project. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth.

FIGURE 1: GARAGE DOOR ORIENTATION, PROJECTS WITH FIVE OR MORE UNITS

Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards Policy – Adopted October 18, 2021

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FIGURE 3: MAJOR MASSING BREAKS, GROUND FLOOR COURTYARDS

• Minor Massing Breaks. Buildings shall have minor massing breaks at least every 30 feet along any elevation, by incorporating at least one (1) of the following features:
• doors and windows recessed by a minimum of four (4) inches; • variations in wall plane (projection or recess) by a minimum of two (2) feet in depth for at least 30% of the facade;
• vertical elements, such as pilasters, that protrude a minimum of one (1) foot from the wall surface and extend the full height of the structure; or
• Any of the major massing breaks noted above can be double counted as a minor massing break, so long as it is located within the 30-foot section.

FIGURE 4: MINOR MASSING BREAKS, VARIATION IN WALL PLANE

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Parking Graphics

Example Graphics: Development and Design Standards
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Example Graphics: Development and Design Standards
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MINTIER HARNISH | AUGUST 6, 2021
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CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates EExxaammppllee OObbjjeeccttiivvee SSttaannddaarrddss GGrraapphhiiccss City of Milpitas Objective Standards
Zoning Structure Graphics with Architectural Material Detail

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CITY OF HERMOSA BEACH | ZONING AND SUBDIVISION ORDINANCE UPDATE C-12
CITY OF TULARE | COMPREHENSIVE ZONING CODE UPDATE
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Example Illustrative Graphics
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CITY OF HAYWARD | Objective Standards for Residential Development and Zoning Consistency Updates Appendix C: Professional Services Agreement
We have no objections to the City’s standard Professional Services Agreement, which was included with the RFP as Exhibit A.

Appendix D: Disclosures
We have no disclosures to report.

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-061
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Title

SUBJECT
Adopt a Resolution Accepting $1 Million in State of California General Fund Grant Funds for the Construction of the South Hayward Youth and Family Center (Stack Center)

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $1 million in grant funds from the State of California for the building of the South Hayward Youth and Family Center (Stack Center).

SUMMARY
Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as the Stack Center. For the past seven years, the City and its partners have worked to make this dream a reality. The construction documents for the Stack Center are nearing completion, though a large funding gap remains to build the full project. This staff report is requesting Council’s authorization to accept $1 million in grant funding from the State of California for the first phase of construction, which is the renovation of the Matt Jimenez Community Center to create childcare spaces, an entrepreneurship space, outdoor spaces, and parking.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT Adopt a Resolution Accepting $1 Million in State of California General Fund Grant Funds for the Construction of the South Hayward Youth and Family Center (Stack Center)

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $1 million in grant funds from the State of California for the building of the South Hayward Youth and Family Center (Stack Center).

SUMMARY

Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as the Stack Center. For the past seven years, the City and its partners have worked to make this dream a reality. The construction documents for the Stack Center are nearing completion, though a large funding gap remains to build the full project. This staff report is requesting Council’s authorization to accept $1 million in grant funding from the State of California for the first phase of construction, which is the renovation of the Matt Jimenez Community Center to create childcare spaces, an entrepreneurship space, outdoor spaces, and parking.

BACKGROUND

Below is a list of major milestones for the Stack Center Project:
 In 2015, the City, Alameda County, and the Hayward Area Recreation and Park District (HARD) formed the Stack Center Governance Group to guide the project and obtain the necessary resources.
 In July 2014, the County Board of Supervisors allocated $9.6 million from District 2’s share of one-time residual property tax funds for the Stack Center.  In June 2015, the County Board of Supervisors approved the acceptance of a $5 million grant from the Kaiser Regional Foundation. This total funding amount of $14.6 million

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was reduced by approximately $600,000 to help fund Mia’s Dream Park, which is located on parcels abutting the Stack Center project site.  In September 2016, the Stack Center Governance Group issued a Request for Qualifications for Facility Operator and Administrator Services.  On March 27, 2018, Council authorized the City Manager to execute a facility operator agreement with La Familia and Eden Youth and Family Center.  In June 2018, the City issued a Request for Proposals (RFP) for Phases I and II of the project: a community analysis, creation of a building program, and preliminary design.

The City received eight proposals. The Stack Center Governance Group evaluated each proposal and ranked RossDrulisCusenbery, Inc. (RDC) as the highest.  On February 5, 2019, Council authorized the City Manager to execute a professional services agreement with RDC for Phases I and II work and accept $500,000 from Alameda County to cover the cost of the agreement.
 On June 16, 2020, Council authorized the City Manager to execute a professional services agreement with RDC for architecture and engineering services and accept $2,870,000 from Alameda County to cover the cost of the agreement.

DISCUSSION

Staff has worked with RDC and the Stack Center partners over the past eighteen months to create the construction documents needed to go to bid for the project. The documents are close to being complete and the project is currently submitted to the Planning Division for site plan review.

In 2020 and early 2021, City staff worked with the City’s State lobbyist to reach out to Assembly Member Bill Quirk to request funding for the construction of the Stack Center. In specific, the request was for funding to complete the first phase of construction, which is the renovation of the Matt Jimenez Community Center to create childcare spaces, an entrepreneurship space, outdoor spaces, and parking.

In June of 2020, the Assembly Member’s staff informed the City that the State budget included $1 million in funding for the Stack Center. The California Natural Resources Agency was subsequently assigned to oversee the grant process for this funding and staff has been working with them to complete the necessary paperwork. The attached resolution reflects the State required language needed to accept this grant.

FISCAL IMPACT

There is no match for this grant. Thus, this grant will have no impact on the City’s funds. With this grant, the City currently has enough funds to complete the first phase of construction, which is estimated to cost $6.7 Million. There is currently a funding gap of approximately $20 million for the second phase of construction, which is estimated to cost $35.2 Million.

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STRATEGIC ROADMAP

This agenda item is part of the City’s Strategic Roadmap as Support Quality of Life project 1:
 Oversee the rebuilding of the South Hayward Youth and Family Center (the Stack)

NEXT STEPS

Upon approval by Council, staff will execute the necessary documents with the California Natural Resources Agency for accepting the funds.

Prepared by: Mary Thomas, Management Analyst

Recommended by: Jennifer Ott, Assistant City Manager

Approved by:

________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION OF THE CITY COU NCIL OF THE CITY OF HAYWARD

APPROVING THE ACCEPTANCE AND AP PROPRIATION OF GENERAL F UND

GRANT FUNDS FOR THE SOUTH HAYWARD YOUTH AND FAMILY CENTER

WHEREAS, the Legislature and Governor of the State of California have approved a $1 million grant for the above project; and

WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and

WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of the Project Information Package before submission of said package to the State; and

WHEREAS, the Grantee will enter into an agreement with the State of California for subject project(s): South Hayward Youth and Family Center.

NOW, THEREFORE, BE IT RESOLVED that the City Council:

1. Approves the acceptance of $1 million in general fund allocation for local assistance for the above project; and

2. Certifies that said agency understands the assurances and certification in the Project Information Form; and

3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements, or will secure the resources to do so; and

4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.

5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

ATTACHMENT II

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6. Certifies that said agency has reviewed and understands the General Provisions contained in the Project Agreement shown in the Procedural Guide; and

7. Appoints the City Manager and the City Manager’s assigned staff as agent to conduct all negotiations, execute and submit all documents including, but not limited to Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project.

8. Authorizes the City Manager to appropriate this grant funding to Fund 405.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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 22-062
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $20,000 in Grant Funding from the National Endowment for the Arts for Heritage Plaza Art Pieces

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $20,000 in grant funding from the National Endowment for the Arts for Heritage Plaza Art Pieces. ..End

SUMMARY
On July 2, 2019, Council approved concepts for three new heritage art pieces in the downtown Heritage Plaza. Two of the pieces are currently in the design phase and nearing fabrication: one honoring the Japanese American history at the Plaza site, and another honoring Hayward’s Indigenous heritage. Staff applied for and received a $20,000 grant from the National Endowment of the Arts to supplement the budget of these pieces, due to the size, scope, and increasing material costs. Staff is seeking Council authorization to accept this grant funding.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $20,000 in Grant Funding from the National Endowment for the Arts for Heritage Plaza Art Pieces

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $20,000 in grant funding from the National Endowment for the Arts for Heritage Plaza Art Pieces.

SUMMARY

On July 2, 2019, Council approved concepts for three new heritage art pieces in the downtown Heritage Plaza. Two of the pieces are currently in the design phase and nearing fabrication:
one honoring the Japanese American history at the Plaza site, and another honoring Hayward’s Indigenous heritage. Staff applied for and received a $20,000 grant from the National Endowment of the Arts to supplement the budget of these pieces, due to the size, scope, and increasing material costs. Staff is seeking Council authorization to accept this grant funding.

BACKGROUND

On May 26, 2015, the Council approved the plans for the Measure C-funded 21st Century Library and Community Learning Center and Heritage Plaza project. Staff updated Council on the design for the Plaza at a July 10, 2018 work session. At that work session, several members of the public and Council provided comments and concerns related to the existing historic elements of the plaza.

Subsequently, staff worked with community groups to revisit the features. On July 2, 2019, Council approved concepts for three new heritage art pieces and appropriated $30,000 to begin designs. The art pieces include:

 A detailed memorial sign and interpretive art piece marking the location on Watkins Street where local Japanese-Americans boarded buses for detention centers in 1942.

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The sign was unveiled in fall of 2021. The art piece has been designed in collaboration with the community committee and is ready to be fabricated.

 An interpretive art piece and sign honoring the native Muwekma Ohlone tribe and other local Indigenous Peoples. Staff has been working with representatives from Indigenous Groups, as well as history faculty at Chabot Community College. The group has selected an artist for their piece and is in the design process.

 An interpretive art piece and sign to commemorative the history and cultural heritage of Russell City. In 2021, staff convened a group of former Russell City residents and descendants, as well as subject matter experts. The group has been meeting regularly to craft language and identify images for a sign. Fabrication for this project will likely not commence until after 2022.

DISCUSSION

The existing budget for the Japanese American and Indigenous heritage art pieces is $40,000 each. This includes the $30,000 from the Council appropriation, and $50,000 from other existing City sources. Due to the high cost of materials at the moment and the scope of these projects, staff sought additional funding to increase the budget for each piece.

Staff applied for and received a $20,000 grant from the National Endowment of the Arts.

Should Council accept this funding, it would need to be spent by February of 2023. Staff would use this money to increase the budget for the Japanese American and Indigenous pieces to $50,000 each, which staff believes is a more realistic budget for the size and scope of these pieces. Staff intends to pursue additional grant funding for the Russell City piece as the design work progresses further on that element.

Both projects are on track to be completed by the end of calendar year 2022 and would therefore meet the grant deadline.

FISCAL IMPACT

The match from this grant will come from the existing budget that has been allocated for this project. This grant will have no impact on the City’s funds.

STRATEGIC ROADMAP

This agenda item is not a project in the City’s Strategic Roadmap. It is related to the following projects:
 Grow the Economy: Explore a public art program and prioritize gateway locations  Improve Organizational Health: Work across Strategic Roadmap priorities to include racial equity lens

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NEXT STEPS

If Council accepts the grant funds, the City Manager will execute the appropriate grant documents and work will continue on the art pieces.

Prepared by: Mary Thomas, Management Analyst

Recommended by: Jennifer Ott, Assistant City Manager

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE UP TO $ 20,000 IN GRANT FUNDIN G FROM THE NATIONAL

ENDOWMENT FOR THE ARTS FOR HERITAGE PLAZA ART PIECES

WHEREAS, on May 26, 2015, the City Council approved the plans for the Measure C funded 21st Century Library and Heritage Plaza project, which opened in fall of 2021; and

WHEREAS, the City Council and Hayward community members have expressed a desire to include heritage art and signage in the plaza; and

WHEREAS, the City of Hayward has received a grant of $20 ,000 from the National Endowment for the Arts to support this project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City M anager to accept and appropriate $20,000 to Fund 240 in grant funding from National Endowment for the Arts for Heritage Plaza Art Pieces.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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 22-075
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Public Works Director
City Attorney

SUBJECT
Adopt a Resolution Authorizing the Public Works Director to Complete Construction of Subdivision Improvements in Tract 8058 of the Golden Oaks 2 Subdivision; Making Findings to Procure the Work in the Open Market; and Authorizing Expenditure of City Funds in an Amount Not-to-Exceed $630,000 That the Council adopts a resolution (Attachment II) authorizing the Public Works Director to complete construction of specified subdivision improvements in Tract 8058 of the Golden Oaks 2 Subdivision, making findings that it is more beneficial to procure the work on the open market, and authorizing expenditure of City funds in an amount not-to-exceed $630,000.

SUMMARY
On October 2, 2014, the Hayward Planning Commission approved the tentative map for Tract 8058, a five -lot subdivision on an approximately 1.15 acre site between Hayward Boulevard and Hillcrest Avenue.

The Council approved the final map for Tract 8058 (Attachment III), with certain conditions of approval, at its regularly scheduled meeting on June 30, 2015. In February 2017, Ron Esau, the subdivider of Tract 8058 entered into a Subdivision Improvement Agreement with the City to construct improvements specified for the subdivision within 365 days of the agreement. The improvements remain incomplete as of this date. Under the terms of the Subdivision Improvement Agreement, the City has the contractual right to complete the work and seek reimbursement from the subdivider/developer. Staff recommended action is pursuant to the terms of a settlement agreement that resolves ongoing litigation between two property owners within the subdivision and the City of Hayward.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Approved Final Map for Tract 8058
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Public Works Director
City Attorney

SUBJECT: Adopt a Resolution Authorizing the Public Works Director to Com plete Construction of Subdivision Improvements in Tract 8058 of the Golden Oaks 2 Subdivision; Making Findings to Procure the Work on the Open Market ; and Authorizing Expenditure of City Funds in an Amount Not to Exceed $630,000

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the Public Works Director to complete construction of specified subdivision improvements in Tract 8058 of the Golden Oaks 2 Subdivision, making findings that it is more beneficial to procure the work on the open market, and authorizing expenditure of City funds in an amount not-to- exceed $630,000.

SUMMARY

On October 2, 2014, the Hayward Planning Commission approved the tentative map for Tract 8058, a five-lot subdivision on an approximately 1.15 acre site between Hayward Boulevard and Hillcrest Avenue. The Council approved the final map for Tract 8058 (Attachment III), with certain conditions of approval, at its regularly scheduled meeting on June 30, 2015. In February 2017, Ron Esau, the subdivider of Tract 8058 entered into a Subdivision Improvement Agreement with the City to construct improvements specified for the subdivision within 365 days of the agreement. The improvements remain incomplete as of this date. Under the terms of the Subdivision Improvement Agreement, the City has the contractual right to complete the work and seek reimbursement from the subdivider/developer. Staff recommended action is pursuant to the terms of a settlement agreement that resolves ongoing litigation between two property owners within the subdivision and the City of Hayward.

BACKGROUND

The City has been engaged in ongoing litigation with two property owners within the Golden Oaks 2 subdivision since June 2020 as result of the incomplete subdivision

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improvements (Sharma, et al. v. City of Hayward, Alameda County Superior Court case number HG 20064943). The parties participated in court-ordered mediation and have negotiated a resolution, which includes the City undertaking completion of specific subdivision improvements that would allow the property owners to connect to utility services and apply for certificates of occupancy for their residences.

DISCUSSION

The project will entail construction of the following subdivision improvements:
a. Sanitary sewer extension to each lot in Tract 8058.
b. Natural gas, electricity and telecommunication conduit extensions to each lot. c. Drainage collection and treatment from each lot.
d. Common driveway extension from existing paved street to lower three lots. The upper two lots front on a public street (Hillcrest Ave). e. Removal and disposal of surplus dirt left on some lots and regrading as per the approved plans.
f. Lot owners will pay for and complete improvements required on their lots such as buildings, patios, landscaping, retaining walls, utility services and laterals etc.

Staff recommends that the Council make findings pursuant to Hayward Municipal Code Section 2-8.01 that it is more beneficial to procure the work on the open market as opposed to advertising for bids. This recommendation is based on the relatively small size of the project which could make it challenging to attract bidders, the need to quickly identify and reach out to a specific pool of contractors with experience constructing and installing these types of improvements, including PG&E facilities, and the time sensitive nature of the property owners’ financing arrangements.

CEQA review was conducted as part of the original entitlement process for Tract 8058 (Golden Oaks 2) and the project was found to be categorically exempt from environmental review pursuant to Section 15332 of the CEQA Guidelines for infill development.

FISCAL IMPACT

The developer was required to post a cash deposit in the amount of $209,140.76 to secure performance of its obligations under the Subdivsion Improvement Agreement. The remaining balance of the security deposit is $141,671.91 A combination of the remaining cash deposit and City funds will be used to finance construction of the improvements. The City Attorney’s Risk Fund will absorb the cost of construction in excess of the developer’s security. Total construction cost is estimated not-to-exceed $508,650 ($462,405 estimated construction total + $46,240.50 construction contingency budget). Public Works staff charges of $121, 350 are estimated for preparation of the construction bid documents, bid invitation, construction inspection and administration. These internal staff costs will be funded through the Public Works Department budget.

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STRATEGIC ROADMAP

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

NEXT STEPS

If the Council adopts the attached resolution, Public Works staff will proceed with reaching out directly to contractors with relevant experience and qualifications to solicit bids for construction of the subdivision improvements. Staff will return to the Council to approve execution of the construction contract once a contractor is identified.

Prepared by: Mo Sharma, Senior Civil Engineer
Kathy Garcia, Deputy Public Works Director
Michael G. Vigilia, Senior Assistant City Attorney

Recommended by: Alex Ameri, Public Works Director Michael S. Lawson, City Attorney

Approved by:

___________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member ________________

RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO COMPLETE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN TRACT 8058 OF THE GOLDEN OAKS 2 SUBDIVISION; MAKING FINDINGS TO PROCURE THE WORK IN THE OPEN MARKET; AND AUTHORIZING EXPENDITURE OF FUNDS IN AN AMOUNT NOT-TO-EXCEED $630,000

BE IT RESOLVED by the City Council of the City of Hayward as follows:

WHEREAS, on October 2, 2014 the Hayward P lanning Commission approved the tentative map for Tract 8058, a five -lot subdivision on an approximately 1.15 acre site between Hayward Boulevard and Hillcrest Avenue; and

WHEREAS, the Hayward City Council approved the final map for Tract 8058 during the June 30, 2015 City Council meeting; and

WHEREAS, in February 2017, as a condition of the approval, Ron Esau, the developer of the subdivi sion entered into a Subdivision Improvement A greement with the City to construct specified improvements in and about the subdivision within 365 days of the agreement; and

WHEREAS, the subdivision improvements remain incomplete; and

WHEREAS, th e City has a contractual right under the Subdivision Improvement Agreement to complete the work and seek reimbursement from the developer; and

WHEREAS, t he City has been engaged in ongoing litigation with two property owners within the subdivision since June 2020 as a consequence o f the incomplete subdivision impro vements (Sharma, et al. v. City of Hayward , Alameda County Superio r Court case number HG 20064943); and

WHEREAS, the parties participated in court-ordered mediation and have negotiated a resolution, which includes the City undertaking completion of specific subdivision improvements that would allow the proper ty owners t o connect to utility services and apply for certificates of occupancy for their residences; and

WHEREAS, the developer posted a cash dep osit in the amount of $209,140 .76 to secure performance of obligations under the Subdivision Improvement Agreement; and

ATTACHMENT II

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WHEREAS, the current balance of the cash security is $141,671.91; and

WHEREAS, the construction cost is estimated not-to-exceed $ 508,650 ($462,405 estimated construction total + $46,240.50 construction contingency budget); and

WHEREAS, internal Public Works staff charge s of $121, 350 are estimated for preparation of the construction bid document s, bid invitation, construction inspection and administration; and

WHEREAS, the estimated total pr oject costs exceeds the re maining cash security, necessitating the expenditure of City funds to complete the improvements; and

WHEREAS, Hayward Municipal Code section 2 -8.01 authorizes procuring work in the open market as opposed to advertising for bids if t he Council determines it is more beneficial to do so; and

WHEREAS, the relatively small size of the project which could make it challenging to attract bidders, the need to quickly identify and reach out to a specific pool of contractors with experience constructing an d installing these types of improveme nts, including PG&E facilities, and the time sensitive nature of the pr operty owners’ financing arrangements , make it more benefic ial to procure the work in the open market as opposed to advertising for bids; and

WHEREAS, CEQA review was conducted as part of the original entitlement process for Tract 8058 (Golden Oaks 2) and the project was found to be categorically exempt from environmental review pursuant to Section 15332 of the C EQA Gui delines for infill development.

NOW, THEREFORE, BE IT RESOLVED , that the Ci ty Council authorizes the Publ ic Works Di rector to complete c onstruction of specific subdivision improvements in Tract 8058 (Golden Oaks 2) that would allow the proper ty owners to connect to utility services and apply for certificates of occupancy for their residences.

BE IT FURTHER RE SOLVED, that the City Council finds that it is more beneficial to procure the work on the open market as opposed to advertising for bids , for the reasons stated above, and the Publ ic Works Director is hereby authorized to procure the work on the open market pursuant to Municipal Code section 2-8.01.

BE IT FUR THER RESOLVED, that the City Council authori zes expenditure of City funds in an amount no t-to-exceed $$630,000 for constru ction and internal construction administration costs.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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 #: LB 22-003
DATE: January 25, 2022
TO: Mayor and City Council
FROM: City Manager
Chief of Police

SUBJECT
Unmanned Aerial Systems Program: Adopt a Resolution and Policy Statement Regarding the Use of Surveillance Technologies and an Operational Policy for the Hayward Police Department’s Unmanned Aerial Systems Program

RECOMMENDATION
That the Council adopts a resolution and policy statement regarding the use of surveillance technologies (Attachment II) and an operational manual for implementation of an Unmanned Aerial Systems (UAS) Program for the Hayward Police Department (HPD) (Attachment III).

SUMMARY
On July 13, 2021, the Council adopted a resolution authorizing the purchase of UAS for HPD conditioned upon review of an operational policy for the use of UAS by the Community Advisory Panel (CAP) and the Council Infrastructure Committee (CIC), and ultimately, the Council, for approval, prior to HPD deployment of UAS.

Consistent with Council direction, the purpose of this staff report is to present information to the Council regarding the proposed resolution and statement of overarching principles and commitments to the community regarding UAS. The proposed Council resolution and policy statement highlight the Council’s commitment to balancing the use of surveillance technologies with the privacy and civil rights of community members. It also authorizes the City Manager to issue administrative regulations, including but not limited to purchasing policies and data retention, storage, and access policies, which would apply to all City UAS operations.

This staff report is also intended to present information to the Council regarding HPD’s proposed Operations Manual for the UAS Program (Attachment III). The UAS Program Operations Manual is an internal document designed to provide guidance for the management and operation of the HPD’s UAS Program. It incorporates portions of the HPD’s Policy 610 (Unmanned Aerial System (UAS) Operations) (Attachment IV) and provides guidance on the UAS Program administration, safety, training, operating CITY OF HAYWARD Printed on 1/21/2022Page 1 of 2
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File #:LB 22-003
procedures, and pre and post flight actions. The UAS Program Operations Manual is a living document, which will be reviewed on a regular basis to ensure best practices are adhered to and to ensure alignment with Council’s resolution and policy statement as well as other local, regional, state, and federal laws or policies.

The UAS Program Operations Manual was reviewed by the CAP and discussed during a virtual meeting, which was held on October 11, 2021. While no specific changes were recommended for the UAS Program Operations Manual, there was discussion of previously identified issues regarding the use of surveillance technologies, including UAS, which are presented later in this staff report.

The CIC recommended some changes to the UAS Program Operations Manual, which are discussed in the staff report. Ultimately, the CIC voted to recommend approval by Council of these documents with the specified changes.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution and Policy Statement
Attachment III HPD UAS Operations Manual
Attachment IV Policy 610 - UAS Operations
CITY OF HAYWARD Printed on 1/21/2022Page 2 of 2
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: City Manager
Chief of Police

SUBJECT: Unmanned Aerial Systems Program: Adopt a Resolution and Policy Statement Regarding the Use of Surveillance Technologies and an Operational Policy for the Hayward Police Department’s Unmanned Aerial Systems Program

RECOMMENDATION

That the Council adopts a resolution and policy statement regarding the use of surveillance technologies (Attachment II) and an operational manual for implementation of an Unmanned Aerial Systems (UAS) Program for the Hayward Police Department (HPD) (Attachment III).

SUMMARY

On July 13, 2021, the Council adopted a resolution authorizing the purchase of UAS for HPD conditioned upon review of an operational policy for the use of UAS by the Community Advisory Panel (CAP) and the Council Infrastructure Committee (CIC), and ultimately, the Council, for approval, prior to HPD deployment of UAS.

Page 2 of 7 ends

living document, which will be reviewed on a regular basis to ensure best practices are adhered to and to ensure alignment with Council’s resolution and policy statement as well as other local, regional, state, and federal laws or policies.

Additionally, on December 1, 2021, staff presented the proposed Council resolution and policy statement regarding the use of surveillance technologies as well as the UAS Program Operations Manual to the CIC. The CIC recommended some changes to the UAS Program Operations Manual, which are discussed in the staff report. Ultimately, the CIC voted to recommend approval by Council of these documents with the specified changes.

BACKGROUND

On July 13, 2021, the Council approved a resolution authorizing the purchase of UAS for HPD. The approval was conditioned upon review by the CAP, CIC, and ultimately Council, of an operational policy for the use of UAS, prior to HPD deployment of UAS.

In the months that followed the July Council meeting, City staff developed the proposed Council resolution and policy statement regarding the use of UAS and other surveillance technologies (Attachment II). In developing these documents, City staff conducted research and reviewed associated materials to ensure best practices and local, regional, state, and federal laws are followed. Specifically, City staff researched and reviewed statutes, case law, other policies, publications from the American Civil Liberties Union (ACLU), and community member and Council commentary from previous public meetings. The proposed Council resolution and policy statement effectively convey Council’s commitment to public safety while balancing the use of surveillance technologies with the privacy and civil rights of all community members. It also conveys Council’s commitment to transparency and accountability through ongoing oversight and data reporting measures related to the use of surveillance technologies.

Following the July Council meeting, HPD staff consulted with other local law enforcement agencies, which currently operate UAS Programs, to better understand the policies and procedures governing all aspects of program administration. From these conversations, HPD staff developed a UAS Program Operations Manual (Attachment III), which is designed to provide guidance for UAS Program administration, safety, training, operating procedures, and pre and post flight actions. It should be noted that no policy or operations manual can account for every situation or circumstance that may arise; however it is designed to provide a foundation for the implementation of a UAS Program and to help ensure public safety needs and community expectations of privacy continue to be met.

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On October 11, 2021, the Chief of Police and the HPD Command Staff met with the CAP to discuss the UAS Program and any new community concerns. CAP members were provided with a copy of the UAS Operations Manual prior to the meeting. While there were no new, specific concerns raised or recommended changes to the UAS Program Operations Manual during this meeting, some members of the CAP continued to cite privacy concerns and raise questions about how UAS will be used. HPD staff assured the members of the CAP that the UAS Operations Manual is a living document that will undergo continual review and amendments to help ensure alignment with City policy and local, regional, state, and federal laws. HPD staff also assured members of the CAP that any allegations of improper usage or known or suspected violations of UAS policies will be referred to the HPD Internal Affairs Unit for investigation.

On December 1, 20211, City and HPD staff conducted a presentation to the CIC regarding the proposed Council resolution, the policy statement regarding the use of surveillance technologies, and the UAS Program Operations Manual. During the discussion that followed, recommendations were made and incorporated into the UAS Program Operations Manual, which are discussed later in this staff report. After the discussion, the CIC voted unanimously to recommend Council approval of the proposed Council resolution, the policy statement regarding the use of surveillance technologies, and the UAS Program Operations Manual with the specified changes.

DISCUSSION

The failure to have effective oversight governing the use of surveillance technologies can foster environments where such technologies can be misused. More specifically, the misuse of surveillance technology can lead to infringements of the public’s right to a reasonable expectation of privacy, with particular adverse impacts on minority communities and communities of color. As such, it is important that Council clearly establish a strong position on the use of surveillance technologies and that policies clearly identify circumstances when such technologies can be used. The approval and adoption of the proposed Council resolution and policy statement will allow for the advancement of legitimate City objectives while protecting the constitutional privacy and civil rights of community members. Such action will also ensure that processes and administrative regulations will be put in place to prevent abuse, to maintain transparency and accountability, and to ensure community concerns regarding privacy and civil rights are specifically addressed.

Existing staffing shortages and resource challenges have compelled HPD staff to seek ways to leverage developing technologies and community partnerships to address public safety issues. The implementation of a UAS Program will be extremely helpful for HPD, as it will allow HPD to use modern technology to safely respond to in-progress incidents, improve safety for community members and HPD staff, effectively engage in de-escalation strategies, and document crime scenes. The use of UAS/modern technologies have also

1 CITY OF HAYWARD - File #: ACT 21-100 (legistar.com)

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become an invaluable tool for engaging in damage assessment and rescue operations in the aftermath of a significant disaster (e.g., earthquake on the Hayward Faultline).

With these operational necessities in mind, and with the utmost respect for personal privacy and the freedom of community members to go about their lives without unwarranted intrusion from the government, HPD staff developed a UAS Program Operations Manual. The UAS Program Operations Manual specifically addresses the following elements of the UAS Program:
- Philosophy and Mission Statement
- Protection of Rights and Privacy
- Definitions
- Administration
- Safety
- Training
- General Operating Procedures
- Pre-Flight / Post-Flight Actions
The UAS Program Operations Manual specifically addresses the need for HPD staff to use UAS in compliance with applicable laws and regulations, including those of the federal and State governments, the City of Hayward, and the Federal Aviation Administration (FAA), as the FAA certifies and maintains oversight of the UAS Program. The UAS Program Operations Manual integrates language from HPD Policy 610 (Attachment IV), which has been formally reviewed and approved by the City Attorney’s Office, and it addresses the expectation that HPD staff will consider individual rights and reasonable expectations of privacy in decisions to use UAS.

The administration of the UAS Program will be the responsibility of the Special Teams Lieutenant, who will serve as the Program Coordinator. The Special Teams Lieutenant will be responsible for selecting HPD staff to serve as observers and operators, performing all administrative duties, and coordinating training for all HPD staff to ensure a clear understanding of the circumstances under which UAS can be utilized. The Special Teams Lieutenant directly reports to the Special Operations Division Commander, who will provide regular program updates to the Chief of Police after quarterly program audits are conducted in coordination with HPD Internal Affairs. In turn, the Chief of Police will provide regular program updates to Council as directed.

The Chief of Police, HPD Command Staff, and other HPD staff members have conducted extensive community engagement and solicited input on the UAS Program. Several concerns were presented, and based on community feedback, several recommendations were incorporated into the UAS Program Operations Manual to address these concerns.

These issues include the following:

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1. The ability to redact images of uninvolved persons or properties.

Staff currently can redact these images and do so as a part of the Department’s Body Worn Camera program. The City would only release portions of video relevant to a Public Records Act request or in response to discovery as a part of a legal proceeding.

In Attachments III and IV, this specific concern is addressed under UAS Program Operations Manual section 9.3 and HPD Policy section 610.9.

2. The security of data and 3rd party auditing of stored videos.

The 3rd party video storage software, Evidence.com, incorporates access based on individual user identity and audit trails are built into the software. All data would be HPD property and would not be shared with anyone else except for legitimate law enforcement purposes or upon presentation of a legitimate court order. Axon, the owner of Evidence.com, maintains a publicly available website that outlines their data compliance, security assurances, and certifications to demonstrate the controls that have been put in place to secure data stored in Evidence.com. As of the publication of this report, some of the most recognizable certifications have been achieved, which include but are not limited to: ISO/IEC 27001:2013 Information Security Management Standard certified, ISO/IEC 27018:2014 Code of Practice for Protecting Personal Data in the Cloud certified, FBI CJIS certified, and SOC 2+ Reporting. To achieve these certifications, the vendor is evaluated by 3rd parties against a set of specific controls or principles and will not achieve certification unless the requirements of the standard are met. To maintain these levels of certification, the vendor coordinates directly with 3rd parties to conduct audits and demonstrate their compliance with each certification.

Data security concerns were addressed by I.T. staff. In Attachments III and IV, the auditing of stored videos is addressed under UAS Program Operations Manual sections 5.1 and 9.3 and HPD Policy sections 610.7 and 610.9.

3. The HPD policy includes vague or ambiguous language and should include language explicitly identifying when UAS will or will not be used, and requests to include language prohibiting the use of facial recognition or wiretap technology.

Policy modifications were made based upon CAP feedback, including removal of some vague language and inclusion of language that prohibits the use of facial recognition technology. In Attachments III and IV, this specific concern is addressed under UAS Program Operations Manual section 3 and HPD Policy sections 610.6 and 610.8.

4. Use of data and Fourth Amendment issues.

UAS will be used only in circumstances where reasonable suspicion, probable cause, or exigent circumstances exist or pursuant to a valid warrant. In Attachments III and IV, this specific concern is addressed under UAS Program Operations Manual and HPD Policy sections 610.3, 610.6, and 610.7.

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5. Use of UAS during protests or demonstrations.

Mass gatherings of any kind remain a public safety concern as they can present targets for extremists/terrorists, devolve into rioting, or result in counter-protests, which have erupted in violence in other communities. UAS will not be used for protests or demonstrations as a matter of routine but can be used in circumstances where security concerns exist or criminal activity is occurring (e.g., vandalism, looting, rioting, assaults on officers, violent counter-protests, etc.). In Attachments III and IV, this specific concern is addressed under UAS Program Operations Manual section 3 and HPD Policy section 610.8.

6. Oversight of the UAS program.

HPD will be prepared to share data, information, and address concerns regarding the program to Council during periodic updates or during the Chief’s annual report presentation. Data and information could include flight plans, UAS usage, UAS training, written reports, or redacted video examples of UAS usage in the field. Additionally, as part of maintaining our Certificate of Authorization, the FAA oversees the UAS program. In Attachment III, this specific concern is addressed under UAS Operations Manual section 5.1.

During the presentation to the CIC on December 1, 2021, several of the concerns listed above were also raised. In addition, the following recommendations were made:

1. Recommendation to include language consistent with the City’s commitment to the Government Alliance on Race and Equity under Section II (Philosophy and Mission Statement) of the UAS Program Operations Manual.

The following language was included in Section II (Philosophy and Mission Statement): “Additionally, the HPD acknowledges the historical use of surveillance efforts to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective. As such, HPD policy 610 and this operations manual expressly prohibit the use of UAS to conduct surveillance on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.” In Attachment III, this specific recommendation incorporates language from the proposed Council resolution and HPD Policy section 610.8.

2. Recommendation to add sub-section 5.7 to the UAS Program Operations Manual, which specifically addresses investigations into suspected policy violations or complaints regarding UAS usage.

The following language was included in sub-section 5.7: “Suspected policy violations or complaints regarding UAS usage will be referred to the HPD Internal Affairs Unit

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for follow up and investigation in accordance with the following HPD Policies: 324 (Standards of Conduct) and 1011 (Personnel Complaints). In Attachment III, this specific recommendation incorporates stand-alone language regarding investigations into known or suspected policy violations or community complaints regarding UAS usage.

3. Recommendation to reach out to the Hayward Community Coalition.

City staff reached out directly to the Hayward Community Coalition and invited representatives to meet with HPD staff about the resolution and manual. HPD staff also invited them to provide comments and feedback on the documents via email or phone. At this time, staff has not yet received a response.

FISCAL IMPACT

The review and approval of the proposed Council resolution and policy statement as well as the review and approval of the HPD’s UAS Program Operations Manual does not result in any new fiscal impact.

The UAS Program approved by Council in July requires the purchase of equipment and special training for personnel. The total initial cost of the required equipment (4 UAS aircraft, cameras, and other equipment) with tax included, is estimated to be $14,000. The total initial cost for training and certification of eight pilots is estimated to be $4,700 (based on over time, price would go down on any adjusted time). The total initial cost to begin this program is estimated to be $18,700. The City currently has the funds for this expenditure within HPD’s existing operating budget. According to local agencies, they expect to replace their UAS units every two to three years.

NEXT STEPS

Upon approval by the Council, City staff will adopt the proposed Council resolution and policy statement as well as the UAS Program Operations Manual, which will allow HPD to implement the UAS Program.

Prepared by: Bryan Matthews, Captain

Recommended by: Kelly McAdoo, City Manager
Toney Chaplin, Chief of Police

Approved by:

_____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 5 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD ADOPTING

A STATEMENT OF VALUES AND COMMITMENTS TO THE COMMUNITY
REGARDING UNMANNED AERIAL SURVEILLANCE SYSTEMS (UASs), WHICH

BALANCE THE USE OF SUCH TECHNOLOGIES WITH COMPETING INTERESTS OF CONSTITUTIONAL RIGHTS OF PRIVACY; AUTHORIZING THE CITY

MANAGER TO ISSUE ADMINISTRATIVE REGULATIONS CONSISTENT

HEREWITH, INCLUDING BUT NOT LIMITED TO PURCHASING, DATA

RETENTION, STORAGE, AND ACCESS POLICIES, THAT APPLY BROADLY ACROSS CITY OPERATIONS; AND, ADOPTING BY REFERENCE AND

INCORPORATING HEREIN THE ASSOCIATED STAFF REPORT DATED JANUARY 25, 2022

WHEREAS, the City Council's Infrastructure Committee (CIC) conducted a publicly - noticed meeting on December 1, 2021, received a report from City staff and written and oral testimony from the community regarding the this proposed resolution, and the CIC now recommends adoption of the within resolution by the full City Council; and

WHEREAS, both the CIC and City Council, along with the Police Chief's Advisory Panel (CAP), have previously considered in multiple public meetings the increasingly critical role and impacts that unmanned aerial surveillance systems (UASs) play in advancing municipal objectives and delivery of important community services; and

WHEREAS, previous discussions have largely focused on the pros and cons of law enforcement's use and deployment of UASs, there remains the need for a statement of values that guide the use and deployment of technologies that advance legitimate municipal objectives while also balancing constitutional rights of privacy; and

WHEREAS, the ongoing discussion of the impact of developing and emerging new technologies in relation to City services and use of these technologies would be highlighted to the City Council in future reports.

ATTACHMENT II

Page 2 of 5 ends

NOW, THEREFORE, BE IT RESOLVED by the City Co uncil of the City of Hayward, as follows:

1. The City Council accepts the recommendation of the CIC and adopts the attached statement of values and commitments (EXHIBIT A);

2. The Council's statement of values and commitments is intended to balance the use and deployment of UASs with competing interests of constitutional rights of privacy;

3. The City Manager is authorized to issue administrative regulations and approve specific department operational policies consistent with the administrative regulations, this resolution, and EXHIBIT A, including but not limited to purchasing, data retention, storage, and access policies, that apply broadly across City operations, such as the Hayward Police Department, Hayward Fire Department, and the Information Technology Department; and

4. The City Manager is directed to report annually on the use and deployment of UASs and related surveillance technologies.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

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 II

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EXHIBIT A

ATTACHMENT II

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OUR VALUES ON SURVEILLANCE TECHNOLOGY

 The City Council finds that the use of surveillance technology may hinder the privacy of Hayward residents; and the City’s acquisition, installation, and use of surveillance technology is a question of public consequence for democracy and governance;

 The City Council recognizes the historical use of surveillance efforts to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective;

 The City Council believes that transparency is essential when the City is considering procurement and use of surveillance technology;

 The City Council finds that it is crucial to have informed public debate about City decisions related to surveillance technology, as early as possible;

 The City Council seeks to establish a thoughtful and transparent process regarding the procurement and use of Surveillance Technologies that carefully balances the City’s interest in protecting public safety with its interest in protecting the privacy and civil rights of its community members;

 The City Council finds that decisions regarding if and how surveillance technologies should be funded, acquired, or used, and whether data from such technologies should be shared, should not be made until meaningful public input has been solicited and given significant weight;

 The City Council finds that legally enforceable safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before any surveillance technology is deployed; and

 The City Council finds that, if a surveillance technology is approved, data reporting measures must be adopted that empower the City Council and public to verify that mandated civil rights and civil liberties safeguards have been strictly adhered to.

ATTACHMENT II

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OUR COMMITMENT ON SURVEILLANCE TECHNOLOGY

 We value your privacy. Keeping your personal information private is imperative.

We consider potential risks to your privacy and the public’s well-being before collecting, using, and disseminating your personal information;

 We collect and keep only what we need. We only collect information essential for providing City services and keep it only until we are legally required to. Whenever possible, we tell you when we are collecting such information;

 How we use your personal data. When possible, we will disclose to you the ways in which we use your personal information, at the time we collect it. We commit to giving you a choice, whenever possible, about how we use your information;

 We are accountable. We are responsible for managing your personal information in a manner that is consistent with our commitments and as required by law. We protect your personal information by restricting unauthorized access and by securing our computing resources from threats;

 How we share your information. We follow federal and state laws about information disclosure whenever working with outside governmental agencies and in answering Public Record Act Requests. Business partners and contracted vendors who receive or collect personal information from us or for us to deliver City services must agree to our privacy requirements; and

 Accuracy is important. We work to maintain and use accurate personal information for City business. When practical, we will work to correct inaccurate personal information. We also direct our partners and contracted vendors to follow the same guidelines.

ATTACHMENT III
1 Hayward Police Department

Unmanned Aerial Systems
(UAS)
Operations Manual

August 1st, 2021

ATTACHMENT III
2 Table of Contents

1. Preface 4

2. Philosophy and Mission Statement 4

3. Protection of Rights and Privacy 4

4. Definitions 6

5. Administration 6

5.1 Operations Manual 6

5.2 Organization 7

5.3 Personnel 7

5.4 Facilities 8

5.5 Scheduling 9

5.6 Miscellaneous 9

6. Safety 9

6.1 Safety Policy 9

6.2 Operational Hazard and Occurrence Report (OHOR) and Investigations 10

6.3 Safety – UAS Operator and Observer 10

6.4 Safety Training 11

6.5 Medical Factors 11

7. Training 11

7.1 Objective 11

7.2 Instructors 12

7.3 Training Plans 12

7.4 Initial Training 12

7.5 Recurrent Training 13

7.6 Miscellaneous 13

8. General Operating Procedures 13

8.1 Request for UAS Support 13

8.2 Call-out Procedure 14

8.3 Deployment Priorities 14

8.4 Personnel Responsibilities for Deployments 14

8.5 Personal Equipment 15

9. Pre-Flight / Post-Flight Actions 15

9.1 Inspections 15

9.2 Weather 16

9.3 Documentation and Evidence 16

9.4 Operational Planning 16

ATTACHMENT III
3 9.5 Checklists 17

9.6 Maintenance 17

ATTACHMENT III
4 I. Preface

The following procedures are intended to promote the safe, efficient, and lawful operation of the Hayward Police Department (HPD) Unmanned Aerial Systems (UAS). Safety, above all else, is the primary concern in every operation, regardless of the nature of the operation.

II. Philosophy and Mission Statement

It shall be the mission of the HPD and HPD personnel, who are trained in the use of UAS, to follow procedures that are intended to promote the safe, efficient, and lawful operation of the department’s UAS, using this resource to protect the lives and property of community members and first responders. HPD personnel and UAS will used in compliance with applicable laws and regulations, including but not limited to the Constitution of the United States of America, the Constitution of the State of California, and the Federal Aviation Administration (FAA).

UAS can support first responders in hazardous incidents and incidents outlined the HPD’s policy section 610.6, which governs the use of UAS. These incidents include the following: Public safety and life preservation missions, mass casualty events, lost or missing persons, search and rescue events, disaster response and recovery, suspected explosive devices, fire suppression or investigation, hazardous materials releases, post-incident crime scene preservation and documentation, pursuant to a search warrant, mass gatherings or special events where security concerns exist or criminal activity is occurring, when probable cause to believe a felony has been committed or a particular person has committed a felony, anti-UAS operations, training missions, Hayward Fire Department support missions, and mutual aid support missions.

The FAA Modernization and Reform Act of 2012 provided for the integration of civil UAS into national airspace by September 2015. Existing federal law required the Administrator of the FAA to develop and implement operational and certification requirements for the operation of public UAS in the national airspace system by December 31, 2015.

Both public and private operators of UAS have a responsibility to refrain from infringing on the rights or property of the residents of the State of California. Any data, information, photographs, or video or audio recordings of individuals should be minimized and retained in a manner consistent with current privacy standards and applicable HPD policies.

Additionally, the HPD acknowledges the historical use of surveillance efforts to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective. As such, HPD policy 610 and this operations manual expressly prohibit the use of UAS to conduct surveillance on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

III. Protection of Rights and Privacy

The UAS Program Coordinator, HPD Managers, HPD Supervisors, operators, and observers will consider individual rights and the reasonable expectation of privacy as key components of any decision made to deploy UAS. Each UAS Operator and Observer shall ensure that UAS

ATTACHMENT III
5 operations comply with local, state, and federal law. To accomplish this primary goal, HPD personnel shall:

A. When UAS are being flown, UAS Operators and Observers shall take steps to ensure the camera is focused on the areas necessary to the accomplish the mission and to minimize the unintentional collection of data about uninvolved persons or places.

B. All recordings and images shall be stored and maintained in strict compliance with applicable HPD and City policies.

C. UAS shall not be used to conduct the following (HPD Policy 610.8):

1. To conduct random surveillance activities.

2. To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

3. To harass, intimidate, or discriminate against any individual or group.

4. To conduct personal business of any type.

5. UAS shall not be weaponized.

6. UAS shall not have facial recognition technology.

7. To conduct routine monitoring of a mass gathering, protest, or demonstration where security concerns do not exist or where criminal activity is not occurring.

D. The following are authorized missions for the HPD UAS (HPD Police 610.6):

1. Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants.

2. Mass casualty events.

3. Lost or missing persons.

4. Search and rescue events.

5. Disaster response and recovery.

6. Suspected explosive devices.

7. Fire suppression or investigation.

8. Hazardous materials releases.

9. Post-incident crime scene preservation and documentation.

10. Pursuant to a search warrant.

11. Mass gatherings or special events where security concerns exist or criminal activity is occurring.

12. When there is probable cause to believe UAS will record images of a place, thing, condition, or event, and that those images tend to show a felony has been committed, or tends to show that a particular person has committed a felony.

13. Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code section 402(a)1).

14. Training missions.

15. In support of the Hayward Fire Department when the underlying mission meets

ATTACHMENT III
6 the uses outlined in this policy.

16. Mutual Aid support when the underlying mission meets the uses outlined in this policy.

E. The HPD UAS Program will operate strictly within policy and the law, continuously balancing all operations with the need to accomplish the mission while maintaining public privacy and the freedom from intrusion.

IV. Definitions

1. Certificate of Authorization (COA): Given by the FAA granting permission to fly UAS within specific boundaries and perimeters.

2. Program Coordinator: An HPD Sergeant or Lieutenant who manages the UAS Program and ensures the program operates in accordance with local, state, and federal laws, and within HPD and City policies and guidelines.

3. Observer: A member of the HPD or Hayward Fire Department who is trained and authorized to maintain visual observation of UAS while in flight.

4. Operator: A member of the HPD or Hayward Fire Department who is trained, certified, and authorized to control a UAS while in flight.

5. Unmanned Aerial Vehicle (UAV): A small, unmanned aircraft weighing less than 55 lbs.

6. Unmanned Aerial System (UAS): An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remote controlled (commonly referred to as a UAV), and all of the supporting or attached systems designed to gather information through imaging, recording, or any other means.

V. Administration

5.1 Operations Manual

A. The policies and procedures contained in this manual are issued by authority of the HPD. As such, it is an official document of the HPD.

B. This Operations Manual is not intended to be all-inclusive, but as a supplement to other HPD and City policies and guidelines.

C. This Operations Manual was written to address HPD’s UAS operations.

Equipment, personnel, and environment (internal and external) change over time. The management of change involves a systematic approach to monitoring organizational change and is a critical part of the risk management process.

Given this, it is essential that this Operations Manual be continually updated as necessary and undergo continuous review.

Annually, policies, procedures, and laws regulating the HPD’s UAS operations

ATTACHMENT III
7 shall be reviewed as follows: The Special Operations Captain, UAS Program Coordinator, and Internal Affairs Lieutenant shall meet quarterly to review the use of UAS. This review will minimally include a UAS Program audit and flight documentation review, which will be reported to the Chief of Police and, in turn, reported to the City Council as they determine necessary.

D. A copy of this Operations Manual will be issued to personnel assigned to the UAS Program and will be made accessible to the public on the HPD website.

5.2 Organization

A. UAS shall only be operated by personnel who have been trained and certified by the FAA in the operation of the systems. All HPD field personnel will be provided training in the policies, procedures, and guidelines governing UAS operations.

B. The UAS Program will be comprised of qualified and trained HPD personnel.

5.3 Personnel

A. The UAS Program Coordinator is responsible for the management, operation, and performance of the UAS Program. The UAS Program Coordinator shall be appointed by the Chief of Police or his or her designee.

B. The Patrol Watch Commander or Incident Commander is responsible for the daily supervision of UAS Program personnel.

C. UAS Program Coordinator responsibilities include:

1. Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.

2. Ensuring that all authorized operators and required observers have completed all required FAA and HPD approved training in the operation, applicable laws, policies, and procedures regarding the use of UAS.

3. Developing uniform protocol for submission and evaluation of requests to deploy UAS, including urgent requests made during ongoing or emerging incidents. Deployment of UAS shall require written authorization of the Chief of Police or the authorized designee, depending on the type of mission.

4. Developing protocol for conducting criminal investigations involving UAS, including documentation of time spent monitoring a subject.

5. Implementing a system for public notification of UAS deployment.

6. Developing an operational protocol governing the deployment and operation of UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures, and secure communications with air traffic control facilities.

7. Developing a protocol for fully documenting all missions.

8. Developing UAS inspection, maintenance, and record-keeping protocols

ATTACHMENT III
8 to ensure continuing airworthiness of UAS, up to and including its overhaul or life limits.

9. Developing protocols to ensure that all data intended to be used as evidence is accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.

10. Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules.

11. Facilitating law enforcement access to images and data captured by UAS.

12. Recommending program enhancements, particularly regarding safety and security.

13. Ensuring that established protocols are followed by monitoring and providing periodic reports to the Chief of Police.

14. Maintain all training flight and maintenance records for each operator and observer, as well as individual airframes.

15. Maintain contact with the FAA and familiarity with applicable FAA regulations.

16. Evaluate airframes based on mission needs.

17. Remain up to date with current UAS case law, best practices, and industry standards.

18. Develop and maintain UAS Program Operational Manual.

D. Personnel selection – UAS Operator:

1. To be considered for selection as a UAS Operator, applicants must submit a request for transfer to the UAS Program Coordinator and successfully pass an interview. Applicants must have a minimum of 2 years of Patrol experience, be off probation, and be in good standing in their current assignment. An internal background check will be conducted to determine an applicant’s suitability for this position. Once selected, applicants must pass the Basic Part 107 Test to serve as a UAS Operator.

E. Personnel selection – UAS Observer:

1. To be considered for selection as a UAS Observer, applicants must submit a request for transfer to the UAS Program Coordinator and successfully pass an interview. Applicants must have a minimum of 2 years of Patrol experience, be off probation, and be in good standing in their current assignment. An internal background check will be conducted to determine an applicant’s suitability for this position. Once selected, applicants must pass the Basic Part 107 Test to serve as a UAS Observer.

ATTACHMENT III
9 5.4 Facilities

A. The UAS and all related equipment will be available to be issued at the HPD and will be stored in a secure location as designated by the UAS Program Coordinator.

B. HPD personnel will ensure UAS and related equipment is working properly prior to deployment and will secure UAS in the designated storage location after use.

C. All HPD personnel are equally responsible for maintaining UAS facilities in a neat, clean, and orderly fashion.

5.5 Scheduling

A. UAS will be readily available for approved operations.

B. To maintain proficiency, UAS Operators and Observers will be required to attend training. Training will be coordinated by the UAS Program Coordinator and announced in advance for scheduling purposes.

5.6 Miscellaneous

A. Media inquiries will be forwarded to the HPD Community Engagement Specialist/Public Information Officer. UAS Operators and Observers will follow HPD policy regarding interactions or inquiries from the media.

5.7 Discipline

A. Suspected policy violations or complaints regarding UAS usage will be referred to the HPD Internal Affairs Unit for follow up and investigation in accordance with the following HPD Policies: 324 (Standards of Conduct) and 1011 (Personnel Complaints).

VI. Safety

6.1 Safety Policy

A. The HPD is committed to maintaining a safe and healthy workplace, including:

1. The ongoing pursuit of an accident-free workplace and one that avoids harm to people, equipment, property, or the environment.

2. Maintaining a culture of open reporting of all safety hazards.

3. Supporting safety training.

4. Conducting regular reviews of safety policies, procedures, and practices.

5. Monitoring UAS trends to ensure best safety practices are incorporated into the program.

6. Encouraging collaboration with other area UAS Programs on safety policies, procedures, and practices.

ATTACHMENT III
10 B. Every UAS Operator and Observer has a duty to contribute to the HPD’s goal of continued safe UAS operations. Contributions include operating UAS in the safest manner possible without taking unnecessary risks. Any procedural, operational, or maintenance related safety hazards should be identified as soon as possible. Identifying hazards and making safety suggestions should be made to the UAS Program Coordinator through the chain of command.

C. HPD personnel who observe or have knowledge of an unsafe or dangerous act committed by UAS Program personnel shall immediately notify the UAS Program Coordinator, through the chain of command, so corrective action can be taken.

6.2 Operational Hazard and Occurrence Report (OHOR) and Investigations

A. Occurrences are unplanned incidents, including accidents and incidents that impact safety. A hazard is something with the potential to cause harm, whether it be created by person or the environment. The identification and control of all hazards is paramount for safety.

B. The OHOR concept provides a mechanism for reporting occurrences and hazards, real or perceived, to those overseeing UAS operations.

C. The OHOR does not have an official format, rather provides flexibility for reporting information to the UAS Program Coordinator through the chain of command. The OHOR concept will be used without hesitation to report anticipated, current, or past safety occurrences or hazards. Additionally, the OHOR can be submitted anonymously to any HPD employee, so follow up investigation can be conducted.

D. Any documentation generated resulting from an occurrence or hazard shall be forwarded to the UAS Program Coordinator through the chain of command.

E. Occurrences and hazards will be investigated in accordance with current HPD policy and corrective action shall be taken when necessary.

F. Occurrences or hazards requiring immediate attention will be reported to the UAS Program Coordinator without delay.

G. HPD personnel are authorized to take action to correct occurrences or hazards when, in the employee’s opinion, delay will result in accident or injury. In such situations, the UAS Program Coordinator will immediately be notified.

6.3 Safety – UAS Operator and Observer

A. All UAS Operators and Observers are responsible for the following regarding safety:

ATTACHMENT III
11 1. Ensuring all HPD personnel involved in an operation understand the applicable regulatory requirements, standards, and safety policies and procedures.

2. Observing and controlling safety systems by monitoring all operations.

3. Reviewing standards and practices of HPD personnel that can impact operational safety.

4. Communicating all reported safety related problems, including any corrective action taken (e.g., in-flight problems or learned experiences including procedures for handling those problems).

5. Copying and circulating pertinent safety information to HPD personnel.

6.4 Safety Training

A. UAS Operators and Observers will receive training in the following areas:

1. HPD commitment to safety.

2. Pertinent HPD safety policies.

3. The safety role of UAS Operators and Observers in emergency operations.

B. UAS Operators and Observers will review program safety policies and procedures annually, which will be noted in their training records.

6.5 Medical Factors

A. UAS Operators and Observers will deploy UAS only when physically, mentally, and emotionally prepared to engage in operational tasks.

B. Physical illness, exhaustion, or emotional stress can impair judgment, memory, and attentiveness. For safety reasons, HPD personnel shall not act as a UAS Operator or Observer when suffering from any of the above listed issues. UAS Operators and Observers are expected to remove themselves from operations when these issues could affect their ability to perform safely. Self-assessments by UAS Operators and Observers will be conducted during pre-operational activities.

C. Prescription or over-the-counter medication can impair performance. Anytime such medication has been taken, the on-duty Watch Commander, UAS Program Coordinator, or shift supervisor shall be notified. If any of the above listed HPD personnel determines a UAS Operator’s or Observer’s performance may be impacted, the UAS Operator or Observer shall not participate in the operation or training exercise.

D. UAS Operators and Observers shall not act in either capacity within 8 hours of consuming an alcoholic beverage (FAR 91.17).

ATTACHMENT III
12 VII. Training

7.1 Objective

A. A key component to safe UAS operation is maintaining a professional level of competency. To do so, minimum qualifications must be established for selecting HPD personnel for the program and they must receive entry-level training.

7.2 Instructors

A. UAS Operators and Observers with FAA flight instructor certifications will be given instructor responsibilities. These responsibilities can include developing training courses, providing training, and evaluating and documenting student performance.

B. Approved training outlines will be developed collectively by the UAS Program Coordinator, the HPD Personnel and Training Unit, and UAS Operators and Observers.

7.3 Training Plans

A. UAS Operators and Observers will have a training file, which outlines annual training objectives. This training file will be maintained in accordance with existing HPD policies and procedures for maintaining training records.

B. Training plans will be developed collectively by the UAS Program Coordinator, the HPD Personnel and Training Unit, and UAS Operators and Observers.

C. All UAS operations will be documented and will be considered as UAS Operator and Observer training.

D. Each UAS Operator and Observer is responsible for ensuring his or her training file is up to date and contains all pertinent information.

7.4 Initial Training (per UAS Interim Operational Approval Guidelines 08-01)

A. Once selected, UAS Operators and Observers shall acquire a Part 107 License.

B. UAS Observers must complete training on communication with UAS Operators, including communicating instructions designed to remain clear of obstacles or conflicting air traffic. At a minimum, this training shall include the rules and responsibilities described in 14 CFR 91.111 (Operating Near Other Aircraft), 14 CFR 91.113 (Right-of-Way Rules: Except Water Operations), and 14 CFR 91.155 (Basic VFR Weather Minimums). Training shall also include knowledge of air traffic and radio communications, including the use of approved ATC/pilot terminology, and knowledge of appropriate sections of the Aeronautical Information Manual.

ATTACHMENT III
13 C. Prior to authorization to conduct flight operations, UAS Operators shall complete a minimum of 8 hours of flight training with a UAS instructor to demonstrate proficiency and safety. This must be accomplished to show their ability and knowledge of UAS.

7.5 Recurrent Training

A. UAS Operators and Observers shall maintain proficiency in their abilities. Those who do not have documented training or flight time within a 60-day period must show proficiency to a UAS instructor prior to involvement in an operation.

B. Recurrent training is not limited to actual UAS Operator or Observer skills but includes knowledge of all pertinent UAS or aviation matters.

C. Failure to show proficiency can result in removal from the UAS program.

7.6 Miscellaneous

A. Depending on training needs, every effort will be made to accommodate HPD personnel schedules to reduce the impact to HPD staffing.

B. All training requests shall be made and approved through a UAS Operator’s or Observer’s chain of command in accordance with existing HPD procedures.

C. UAS Operators and Observers are encouraged to attend and disseminate information from FAA safety seminars. This may be done on-duty with the approval from their chain of command.

D. Unless approval is obtained in advance, overtime will not be authorized for training.

E. Training shall only be conducted at approved locations and follow the provisions within the approved FAA Training COA.

VIII. General Operating Procedures

8.1 Requests for UAS Support

A. Requests for UAS support will be made through the HPD Communications Center and approved by the on-duty Watch Commander or Incident Commander.

B. Requests for UAS support can be made at any time during the day or night.

C. Requests for UAS support and associated deployments shall be entered into the Watch Commander’s Log.

ATTACHMENT III
14 D. UAS Operators and Observers can deny requests for UAS support if they determine, based upon their expertise, the operation will violate FAA regulations, HPD or City policy, safety procedures, or the guidelines outlined in this document. Denial of a request for UAS support will prompt notification to the UAS Program Coordinator by the UAS Operator or Observer. UAS Operators and Observers are the final authority regarding UAS operations.

8.2 Call-Out Procedure

A. Any outside agency requests for UAS support shall be made through the HPD Communications Center. The Communications Center shall contact the on-duty Watch Commander for approval and provide all available information regarding the request. Once information is gathered, the Watch Commander will contact the UAS Program Coordinator to provide notification of the operation.

B. If there are no UAS Operators or Observers on-duty, the Watch Commander can authorize a call-out in accordance with established HPD procedures.

Compensation for a call-out will be in accordance with the provisions outlined in the associated MOU(s).

8.3 UAS Deployment Priorities

A. If several requests for UAS support are received simultaneously, they will be prioritized.

B. Generally, requests for UAS support will be prioritized as follows:

1. Safety and the protection of life and property.

2. Evidence collection/Scene documentation.

8.4 Personnel Responsibilities During Operations

A. The on-duty Watch Commander or Incident Commander will be responsible for the following:

1. Provide authorization for the deployment of UAS in the field during ongoing and emerging incidents.

2. Initiate UAS call-out procedures when necessary.

3. Ensure UAS operation in accordance with HPD and City policies, and local, state, and federal law.

B. UAS Operators will be responsible for the following:

1. Safe operation of UAS in accordance with applicable HPD and City policies and local, state, and federal laws.

2. Reject UAS deployment requests based on safety, policy, or legal concerns or when a flight would violate FAA regulations. HPD personnel, regardless of rank, shall not order a UAS Operator to use a

ATTACHMENT III
15 UAS if, in the opinion of the UAS Operator, doing so would create a safety issue or violate provisions established by policy, procedure, and the law.

3. Respond to UAS Observer input and requests to ensure the safe and effective deployment of UAS, including obstacle avoidance.

4. Complete all required mission documentation, including updating the flight book.

C. UAS Observers will be responsible for the following:

1. Assist the UAS Operator in avoiding obstacles.

2. Operate any attachments to the UAS.

3. Remain alert for safety issues surrounding the UAS Operator/Observer team.

4. Handle radio communications, including the coordination of other operational resources.

5. Assist in ensuring the safe operation of UAS.

8.5 Personal Equipment

A. UAS Operators and Observers shall wear eye protection while the UAS is in flight.

B. UAS Operators and Observers shall wear appropriate uniforms during operations, taking into consideration current weather conditions.

C. UAS Operators and Observers shall consider the use of issued portable radios or cellular phones as they can impact the safe operation of UAS. UAS Operators are prohibited from using radios or cellular phones during flight pursuant to the COA.

IV. Pre-Flight / Post-Flight Actions

9.1 Inspections

A. UAS Operators and Observers are responsible for conducting a thorough pre- flight inspection of the UAS.

B. After each operational or training deployment, UAS Operators and Observers are responsible for conducting a thorough post-flight inspection of the UAS in accordance with instructions contained in the UAS user’s manual.

C. Identified issues, which may jeopardize the safe operation of UAS, shall be documented and resolved prior to flight.

D. UAS Operators and Observers are responsible for completing the pre-flight and post-flight checklist to document the inspections.

ATTACHMENT III
16 E. UAS equipment issues, especially those that can have an impact on safety, will result in the discontinuation of the operation until such issues can be resolved.

9.2 Weather

A. UAS Operators and Observers will gather information to familiarize themselves with current weather conditions in the operational area. UAS Operators and Observers will used FAA approved weather resources to obtain current weather conditions.

B. If available, an anemometer should be used to estimate wind speeds and to determine if UAS has the capability to fly during the operational time frame.

C. UAS Operators and Observers should use the Beaufort Scale when making decisions regarding wind conditions.

D. Reported weather conditions shall be documented on the pre-flight checklist.

E. UAS Operators and Observers shall ensure flights will occur within FAA VFR weather requirements.

9.3 Documentation and Evidence

A. UAS inspection and weather information will be documented on the pre-flight checklist.

B. After each UAS operation, recorded data shall be reviewed and evaluated for evidentiary value. Data shall be uploaded and retained in the approved digital evidence management system, which restricts access to authorized HPD personnel and can be internally audited. All retained data shall be maintained or destroyed in accordance with HPD’s and the City’s records retention policies and in compliance with applicable laws and regulations. Images of uninvolved persons or properties may be redacted in accordance with the provisions of the California Public Records Act and existing HPD procedures for the release of information.

C. After each operation, the UAS Operator will obtain a case number and advise the Communications Center of all pertinent information.

D. UAS Operators shall be responsible for booking evidence and authoring a police report (original or supplemental).

E. UAS Operators shall be responsible for updating the flight log.

9.4 Operational Planning

A. UAS Operators and Observers will gather all available information regarding the operation, including weather conditions, potential hazards, incident details,

ATTACHMENT III
17 operational goals, etc. Prior to each operation, a Notice To Airmen (NOTAM) will be filed with the FAA and the closest airport control tower shall be notified.

B. UAS Operators and Observers will ensure the location for take-off and landing is adequate for a safe deployment.

1. The take-off and landing location should be clearly marked and identifiable.

2. At least one emergency landing area should be identified prior to deployment.

3. UAS Operators and Observers will ensure they are aware of their surroundings in case an emergency landing is necessary. Planning should include the ability to recover the UAS.

9.5 Checklists

A. UAS Operators shall complete pre-flight and post-flight checklists. Checklists shall be forwarded to and maintained by the UAS Program Coordinator.

B. UAS Operators shall initiate the flight log.

9.6 Maintenance

A. Although there are few parts on UAS that need servicing, the manufacturer’s maintenance schedule shall be followed and documented.

B. Equipment issues, which cannot be resolved by HPD personnel, shall be forwarded to the manufacturer for technical support.

Published with permission by Hayward Police Department

Best Practice
Best Practice MODIFIED
Best Practice
Best Practice
Hayward Police Department
Hayward PD Policy Manual

Unmanned Aerial System (UAS) Operations
610.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.

610.1.1 DEFINITIONS
Definitions related to this policy include:

Certificate of Authorization (COA): Given by the Federal Aviation Administration (FAA) granting permission to fly the UAS within specific boundaries and perimeters.

Observer: A member of the Hayward Police Department or Hayward Fire Department who is trained and authorized to maintain visual observation of the UAS while in flight.

Operator: A member of the Hayward Police Department or Hayward Fire Department who is trained, certified, and authorized to control a UAS during flight.

Unmanned Aerial Vehicle (UAV): A small, unmanned aircraft weighing less than 55 lbs.

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned ae rial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means.

610.2 POLICY
Unmanned aerial systems may be utilized to enhance the [department/office]’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

610.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where Policy
610
Attachment IV
Hayward Police Department
Hayward PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2020/09/04, All Rights Reserved.

Published with permission by Hayward Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 2 Best Practice

there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

610.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:
(a) Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
(b) Ensuring that all authorized operators and required observers have completed all required FAA and [department/office] -approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS. (c) Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require written aut horization of the Chief of Police or the authorized designee, depending on the type of mission.
(d) Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
(e) Implementing a system for public notification of UAS deployment. (f) Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities. (g) Developing a protocol for fully documenting all missions. (h) Developing a UAS inspection, maintenance , and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. (i) Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
(j) Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. (k) Facilitating law enforcement access to images and data captured by the UAS. (l) Recommending program enhancements, particularly regarding safety and information security.
(m) Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.

Published with permission by Hayward Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 3 Agency Content
Best Practice MODIFIED

610.5 ROLES AND RESPONSIBILITIES
The roles and responsibilities for UAS Program members are as follows:
(a) Program Coordinator—a Hayward Police Sergeant or Lieutenant who manages the UAS Program and ensures the program operates in accordance with all Federal, State , and local laws, and within department policy and guidelines. In addition, the Program Coordinator will:

1. Maintain all training flight and maintenance records for each operator and observer, as well as individual airframes.

2. Ensure operators and observers stay current with their training and certifications.

3. Maintain contact with the FAA and familiarity with the pertinent FAA regulations.

4. Evaluate airframes based on mission needs.

5. Remain up to date with current UAS case law, best practices, and industry standards.

6. Develop and maintain the UAS Operations Manual.

(b) Operator—the Operator’s role is to safely operate the UAS in accordance with all applicable law and policy.

1. The operator may reject a flight based on personnel safety or violation of FAA regulations.

2. The operator shall be responsive to requests and input from the observer in order to accomplish the safe and effective deployment of the UAS.

3. Operators are responsible for mission documentation and updating the flight book.

1. Assist the Operator in avoiding obstacles.

2. Operate any attachments to the UAS.

3. Remain alert for safety issues surrounding the Operator and Observer.

4. Handle radio communications.

610.6 USE OF UAS
The UAS will only be used in situations where reasonable suspicion exists, pursuant to a warrant, or during situations where exigent circumstances exist or where public safety needs outweigh privacy expectations. This policy may not encompass every situation officers will encounter in the field and deviations may be necessary and justified. Any deviations from this policy will be reviewed on a case-by-case basis.

The Chief of Police, Captain, or Watch Commander may authorize the deployment of the UAS under the following circumstances:

Published with permission by Hayward Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 4 Agency Content

(a) Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dan gerous fleeing suspects, and high-risk search warrants;
(b) Mass casualty events;
(c) Lost or missing persons;
(d) Search and rescue events;
(e) Disaster response and recovery;
(f) Suspected explosive devices;
(g) Fire suppression or investigation;
(h) Hazardous material releases;
(i) Post-incident crime scene preservation and documentation; (j) Pursuant to a search warrant;
(k) Mass gatherings or special events where security concerns exist or criminal activity is occurring;
(l) When there is probable cause to believe that the UAS will record images of a place, thing, condition, or event, and that those images tend to show a felony has been committed, or tends to show that a particular person has committed a felony. (m) Anti-UAV operations when a person is operating a UA V in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code § 402(a)1);
(n) Training missions;
(o) In support of the Hayward Fire Department when the underlying mission meets the uses outlined in this policy; and
(p) Mutual Aid support when the underlying mission meets the uses outlined in this policy.

610.6.1 CALLOUT PROCEDURE
(a) The Watch Commander shall make a request via dispatch for qualified UAS team members to respond and deploy the UAS.

1. Dispatch will call the UAS Program Coordinator, or his or her designee, who will coordinate the callout details with team members.

2. If the UAS Program Coordinator is unavailable, or if specified by the Watch Commander, Dispatch will request assistance from Hayward Fire Department via ACRECC.

(b) The UAS team members will handle all UAS operations, notifications and all necessary pre- flight guidelines as specified in the UAS Operations Manual.

Published with permission by Hayward Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 5 Agency Content

610.7 EVIDENCE COLLECTION AND RETENTION
(a) Following a UAS operation by the Hayward Fire Department or the Hayward Police Department, a Hayward PD case agent or officer shall meet with the UAS operator to collect the UAS video(s). The video(s) recorded by the Fire Department and/or the Police Department will be uploaded into the approved digital evidence management system. The collection and uploading of the video(s) will be documented in an ARS report by a Hayward PD case agent or officer.
(b) Data collected by the UAS shall be retained as provided in the established Police Department records retention schedule or retained as evidence of a crime. (c) Unauthorized use, duplication, and/or distribution of UAS videos are prohibited.

Personnel shall not make copies of any UAS videos for their personal use and are prohibited from using a recording device such as a personal camera or any secondary video camera to capture UAS videos. All recorded media, images and audio are the property of the Hayward Polic e Department and shall not be copied, released or disseminated in any form or manner outside the parameters of this policy without the expressed written consent of the Chief of Police.
(d) Departmental request for a UAS video, including requests from the District Attorney’s Office or City Attorney’s Office, shall be forwarded as a written request via e -mail, to the Property Unit, with sufficient information to locate the UAS video. (e) Non-Departmental Requests for a UAS video shall be accepted and processed in accordance with Federal, State, and local laws, and departmental policy (discovery, media inquiries, subpoenas, Public Records Act requests, etc.).

1. When practical, Department personnel will be advised prior to any release of UAS video under the California Public Records Act (CPRA). (f) Request for Deletion or Accidental Recording

1. In the event of an accidental activation and recording of the UAS camera system, the recording employee may request that the UAS video is deleted by submitting an e-mail request to the Patrol Division Commander with sufficient information to locate the UAS video. The Patrol Division Commander shall review the video, approve or deny the deletion request, and forward to the System Administrator for action if applicable.

2. Videos made during authorized department training will be viewed and/or retained for training purposes and then may be retained or deleted with the authorization of a lieutenant. Retained files will be stored in approved training files or the digital management system.
(g) Copying Procedure

1. A copy of the UAS video can be requested in accordance with the provisions of this policy.

2. Property Officers will be responsible for handling evidence request for DVD copies and online sharing of videos produced by the UAS camera system f or court and other approved request by the Chief of Police or his/her designee.

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Best Practice

(h) A UAS video may be utilized as a training tool for individuals, specific units, and the department as a whole. A recommendation to utilize a UAS video for such purpose may come from any source outlined below:

1. A person recommending utilization of a UAS video for training purposes shall submit the recommendation through the chain of command to the Watch Commander.

2. The Watch Commander approving the utilization of a UAS video for training will send an email to Property requesting a copy of the video is placed in the UAS Training file on the t: drive. This file will hold all training videos. Videos may not be moved to other files, copied, or sent beyond this file.

3. If a n involved officer or employee objects to the showing of a UAS video, his/her objection will be submitted to their supervisor to determine if the employee’s objections outweigh the training value. The Patrol Division Commander or Division Chief shall review the recommendation and determine how best to utilize the UAS video file considering the identity of the person(s) involved, sensitivity of the incident, and the benefit of utilizing the video versus other means (e.g., departmental policy, Training Bulletin, Officer Safety Bulletin, briefing or other training).

610.8 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
(a) To conduct random surveillance activities.
(b) To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. (c) To harass, intimidate, or discriminate against any individual or group. (d) To conduct personal business of any type.
(e) The UAS shall not be weaponized.
(f) The UAS shall not have facial recognition technology. (g) To conduct routine monitoring of a mass gathering, protest, or demonstration where security concerns do
not exist or where criminal activity is not occurring.

610.9 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule. Consistent with data collected by other departmental audio or video recorders (e.g. body worn cameras), recordings shall be retained in a data management system where they are accessible for review and use strict to the guidelines pursuant to this policy. Access to recordings is automatically logged and can be audited.

Recordings that contain evidentiary value shall be retained in the same manner as any other evidence gathered during a criminal investigation. Recordings that contain administrative or evidentiary value shall be retained for up to 5 years or until administrative or criminal proceedings Hayward Police Department
Hayward PD Policy Manual
Unmanned Aerial System (UAS) Operations
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are finalized. For all non-criminal recordings, the retention of recording media will be 90 days provided that it remains unassociated to any criminal or administrative investigations.

610.10 REVISIONS
ISSUED: XXX

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 22-002
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Homekey 2.0 Application: Adopt a Resolution Approving the City of Hayward's Homekey Projects and Authorizing the City Manager and Assigned Staff to Submit Applications to the State of California Department of Housing Community Development for Homekey Funds for Housing for Persons Experiencing Homelessness

RECOMMENDATION
That the Council adopts two (2) resolutions to submit Homekey program applications to the State of California Department of Housing Community Development (HCD):
1) Authorizing the City of Hayward’s Joint Application with Bay Area Community Services (BACS), the City of Livermore, the City of Union City, and the City of Piedmont to HCD for Homekey Funding for Project Reclamation Regional Scattered Site Program (Attachment II); and 2) Authorizing the City of Hayward’s Joint Application with Firm Foundation Community Housing to HCD for Homekey Funding for the Tiny Homes Village at South Hayward Parish (Attachment III).

SUMMARY
On September 9, 2021, HCD announced approximately $1.45 billion in Homekey Round 2 available funds.

Homekey Round 2 continues the statewide effort to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness, and who are, thereby, inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic. This is the second round of Homekey funding made available through HCD. The priority application deadline is January 31, 2022.

On July 13, 2021, the Council approved the Let’s House Hayward (LHH) homelessness reduction strategic plan. It creates a strategic framework that better positions the City to address homelessness and seek funding for projects identified and prioritized through this process. The LHH plan outlines several strategies and projects that directly align with the City’s applying for Homekey funding.

CITY OF HAYWARD Printed on 1/21/2022Page 1 of 2
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File #:LB 22-002
On October 20, 2021, the City released a Request for Information (RFI) seeking potential partners and projects for the possible submittal of future funding applications for the State HCD Homekey program.

Staff conducted an in-depth assessment of all responses received and identified a suite of preliminary projects for review and discussion by the Homelessness-Housing Task Force (HHTF). On December 16, 2021, staff presented three projects to the HHTF. Members of the HHTF unanimously recommended these projects be presented to the full Council for approval and inclusion in the City of Hayward’s Homekey Grant Application, due by January 31, 2022.

Since the December 16th HHTF meeting, staff have continued to meet with development partners and the State to discuss project feasibility and one of the three previously recommended projects was withdrawn to allow more time to identify sufficient operating funds for a future round of Homekey. As a result, staff recommends the following two remaining projects for Council approval and inclusion in the City of Hayward’s Homekey Grant Application:

1. Project Reclamation Regional Scattered Site Program, in partnership with BACS and the Cities of Livermore and Union City; and

2. Tiny Homes Village at South Hayward Parish, in partnership with Firm Foundation Community Housing (FFCH).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution for Project Reclamation
Attachment III Resolution for Tiny Homes Project
Attachment IV HHTF Feedback
CITY OF HAYWARD Printed on 1/21/2022Page 2 of 2
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DATE: January 25, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Homekey 2.0 Application: Adopt a Resolution Approving the City of Hayward's Homekey Projects and Authorizing the City Manager and Assigned Staff to Submit Applications to the State of California Department of Housing Community Development for Homekey Funds for Housing for Persons Experiencing Homelessness

RECOMMENDATION

That the Council adopts two (2) resolutions to submit Homekey program applications to the State of California Department of Housing Community Development (HCD):

1) Authorizing the City of Hayward’s Joint Application with Bay Area Community Services (BACS), the City of Livermore, the City of Union City, and the City of Piedmont to HCD for Homekey Funding for Project Reclamation Regional Scattered Site Program (Attachment II); and

2) Authorizing the City of Hayward’s Joint Application with Firm Foundation Community Housing to HCD for Homekey Funding for the Tiny Homes Village at South Hayward Parish (Attachment III).

SUMMARY

On September 9, 2021, HCD announced approximately $1.45 billion in Homekey Round 2 available funds. Homekey Round 2 continues the statewide effort to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness, and who are, thereby, inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic. This is the second round of Homekey funding made available through HCD. The priority application deadline is January 31, 2022.

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Hayward City CouncilJanuary 25, 2022

Hayward City Council
January 25, 2022