Agenda Packet — Hayward City Council, February 8, 2022

Tuesday, February 8, 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

February 8, 2022City Council Agenda

SPECIAL CITY COUNCIL MEETING
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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 Wahab

ROLL CALL

PRESENTATION

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February 8, 2022City Council Agenda
Black History Month

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: (1) Declaring Specified City-Owned
Properties Associated with the Former 238 Bypass Project Exempt Surplus Lands; and (2) Declaring Parcel Group 4 as Surplus Lands Pursuant to Government Code Section 54221 CONS 22-0881.

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

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February 8, 2022City Council Agenda

PUBLIC HEARING
Andina Affordable Housing Project TEFRA Hearing: Public Tax and Equity Fiscal Responsibility Act Hearing as Required by the Internal Revenue Code of 1986, and Adoption of a Resolution Approving the Issuance of Revenue Bonds by the California Municipal Finance Authority in an Amount Not-to-Exceed $45 Million to Finance or Refinance the Acquisition, Rehabilitation, Improvement and Equipping of a Multifamily Rental Housing Project Located at 1180-1182 E Street, Hayward, California (Report from Finance Director Claussen)
PH 22-0062.

Attachments: Attachment I Staff Report
Attachment II Resolution

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.

City Council Referral: Pan African Flag Referral (Report from Council Members Andrews, Marquez, and Wahab)
RPT 22-0163.

Attachments: Attachment I Council Referral Memo

ADJOURNMENT
NEXT MEETING, February 15, 2022, 7:00 PM

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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February 8, 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 or [email protected].

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-088
DATE: February 8, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution: (1) Declaring Specified City-Owned Properties Associated with the Former 238 Bypass Project Exempt Surplus Lands; and (2) Declaring Parcel Group 4 as Surplus Lands Pursuant to Government Code Section 54221
That Council adopts a resolution inclusive of Exhibit A (Attachments II and III): (1) declaring specified City-owned properties associated with the former 238 Bypass Project exempt Surplus Lands; and (2) declaring Parcel Group 4 as surplus lands pursuant to Government Code Section 54221.

SUMMARY
In the mid-1960s, the California State Department of Transportation (Caltrans) purchased more than 400 parcels of property for the construction of a 14-mile Route 238 Corridor Bypass Freeway to run through the City of Hayward (City) and parts of unincorporated Alameda County. In 1971, a lawsuit, filed in federal court on behalf of residents to be displaced by the freeway construction, blocked the project.

Caltrans subsequently abandoned the freeway plan and began to individually auction off these properties with the sole purpose of disposing of the land, without any larger land use or community considerations.

To ensure the productive development of this land in a manner that maximizes land value, while balancing public benefits and the desires of the surrounding neighborhood and larger community, the City entered into a Purchase and Sale Agreement with Caltrans in 2016 (2016 PSA) to manage the disposition and development of the 238 corridor properties. The 2016 PSA divides the properties into 10 parcel groups. The disposal of the 238 corridor properties to and by the City is authorized subject to conditions established by the Local Alternative Transportation Improvement Program statutes under Government Code Sections 14528.6 and 14528.65 (LATIP Statutes).

Caltrans has transferred these properties to the City in trust subject to the City managing the disposition and development of these former 238 parcel groups on behalf of and for the benefit of Caltrans with the goals of removing blight, enhancing community involvement in the development process, and creating economic and public benefits. As the City sells or transfers particular parcels, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the 2016 PSA.

Pursuant to the Surplus Lands Act, the City must declare land as either surplus or exempt surplus prior to CITY OF HAYWARD Printed on 2/3/2022Page 1 of 2
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File #:CONS 22-088
Pursuant to the Surplus Lands Act, the City must declare land as either surplus or exempt surplus prior to the disposition process. While the transfers of the 238 corridor properties are subject to the LATIP Statutes, staff also proposes a parcel group-by-parcel group approach that additionally complies with the terms of the Surplus Lands Act for the remaining City-owned 238 corridor properties, including Parcel Group 3 (excluding the portions being retained by the City for park use), as well as Parcel Groups 4, 5, 6, 8, and 9. The proposed approach has been preliminarily vetted and confirmed by the California Housing and Community Development Department (HCD), the arm of the State that oversees and enforces the Surplus Lands Act. As a result, City staff recommends that Council adopts a resolution inclusive of Exhibit A (Attachments II and III): (1) declaring specified City-owned properties associated with the former 238 Bypass Project exempt Surplus Lands; and (2) declaring Parcel Group 4 as surplus lands pursuant to Government Code Section 54221.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
CITY OF HAYWARD Printed on 2/3/2022Page 2 of 2
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DATE: February 8, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution: (1) Declaring Specified City-Owned Properties Associated with the Former 238 Bypass Project Exempt Surplus Lands; and (2) Declaring Parcel Group 4 as Surplus Lands Pursuant to Government Code Section 54221

RECOMMENDATION

That Council adopts a resolution inclusive of Exhibit A (Attachments II and III): (1) declaring specified City-owned properties associated with the former 238 Bypass Project exempt Surplus Lands; and (2) declaring Parcel Group 4 as surplus lands pursuant to Government Code Section 54221.

SUMMARY

In the mid -1960s, the California State Department of Transportation (Caltrans) purchased more than 400 parcels of property for the construction of a 14-mile Route 238 Corridor Bypass Freeway to run through the City of Hayward (City) and parts of unincorporated Alameda County. In 1971, a lawsuit, filed in federal court on behalf of residents to be displaced by the freeway construction, blocked the project. Caltrans subsequently abandoned the freeway plan and began to individually auction off these properties with the sole purpose of disposing of the land, without any larger land use or community considerations. To ensure the productive development of this land in a manner that maximizes land value, while balancing public benefits and the desires of the surrounding neighborhood and larger community, the City entered into a Purchase and Sale Agreement with Caltrans in 2016 (2016 PSA) to manage the disposition and development of the 238 corridor properties. The 2016 PSA divides the properties into 10 parcel groups. The disposal of the 238 corri dor properties to and by the City is authorized subject to conditions established by the Local Alternative Transportation Improvement Program statutes under Government Code Sections 14528.6 and 14528.65 (LATIP Statutes).

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particular parcels, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the 2016 PSA.

Pursuant to the Surplus Lands Act, the City must declare land as either surplus or exempt surplus prior to the disposition process. While the transfers of the 238 corridor properties are subject to the LATIP Statutes, staff also proposes a parcel group-by-parcel group approach that additionally complies with the terms of the Surplus Lands Act for the remaining City-owned 238 corridor properties, including Parcel Group 3 (excluding the portions being retained by the City for park use), as well as Parcel Groups 4, 5, 6, 8, and 9. The proposed approach has been preliminarily vetted and confirmed by the California Housing and Community Development Department (HCD), the arm of the State that oversees and enforces the Surplus Lands Act. As a result, City staff recommends that Council adopts a resolution inclusive of Exhibit A (Attachments II and III): (1) declaring specified City -owned properties associated with the former 238 Bypass Project exempt Surplus Lands; and (2) declaring Parcel Group 4 as surplus lands pursuant to Government Code Section 54221.

BACKGROUND

In the mid-1960s, Caltrans purchased more than 400 parcels of property for the construction of a 14-mile Route 238 Corridor Bypass Freeway to run through the City and parts of unincorporated Alameda County. In 1971, a lawsuit, filed in federal court on behalf of residents to be displaced by the freeway construction, blocked the project. Caltrans subsequently abandoned the freeway plan and began to individually auction off these properties with the sole purpose of disposing of the land, without any larger land use or community considerations.

To ensure the productive development of this land in a manner that maximizes land value, while balancing public benefits and the desires of the surrounding neighborhood and larger community, the City entered into the 2016 PSA with Caltrans to manage the disposition and development of these properties. The PSA divides the properties into 10 parcel groups.

Additionally, the LATIP Statutes under Government Code Sections 14528.6 and 14528.65 were enacted to govern the disposition of the surplus 238 Parcels and to implement an agreement to settle the lawsuit.

Caltrans has transferred these properties to the City subject to the City managing the disposition and development of these former 238 corridor properties with the goals of removing blight, enhancing community involvement in the development process, and creating economic and public benefits lacking as a result of years of under investment. As the City sells or transfers particular parcels, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the 2016 PSA.

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corridor properties, including Parcel Group 3 (excluding the portions being retained by the City for park use), as well as Parcel Groups 4, 5, 6, 8, and 9. The proposed approach has been preliminarily vetted and confirmed by HCD, the arm of the State that oversees and enforces the Surplus Lands Act. A summary of the proposed approach for complying with the Surplus Lands Act for each remaining Parcel Group is provided below under the Discussion section.

DISCUSSION

The following provides a summary of the proposed approach for disposition of the remaining 238 corridor properties that was preliminarily vetted and confirmed by HCD as consistent with the Surplus Lands Act:

 Parcel Groups 3 and 5 – Process Parcel Groups 3 and 5 collectively with the City declaring the property “exempt surplus land” in compliance with the Surplus Lands Act consistent with Government Code §37364, which requires adherence to the following provisions:

o Not less than 80 percent of the area of any parcel of property disposed of pursuant to this section shall be used for development of housing.

o Not less than 40 percent of the total number of those housing units developed on any parcel pursuant to this section shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households. In other words, at least 20 percent of the units must be affordable to households earning 60 percent, or below, of the area median income (AMI) and 20 percent of the units must be affordable to households earning less than 50 percent of AMI.

o Affordable units must be restricted by a regulatory agreement for at least 30 years.

As combined, Groups 3 and 5 meet the above provisions. As currently planned, the combined Parcel Groups 3 and 5 consist of a total of 258 units [176 in Parcel Group 3 and 82 in Parcel Group 5 , including eight deed restricted Accessory Dwelling Units (ADUs)] comprised of 148 units (or 59%) that qualify for the exemption described above. The distribution of the units to be made affordable to very-low-income households between the two Parcel Groups required by the above provisions is still yet- to-be determined, but may require adding deed restricted ADUs affordable to very-low- income households to the Parcel Group 5 project to comply with the Surplus Lands Act.

Parcel Group 3 for purposes of the Surplus Lands Act compliance only includes the portions being transferred to developers since the remaining portions of Parcel Group 3 are being retained by the City for open space and park use.

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The above outlined approach will allow the City to generate critically needed housing at several income levels dispersed across the collective area. Moreover, approaching the development as a whole allows for greater economic and social opportunities for a more inclusive and well-planned community. Additionally, this approach will be the most expedient manner to produce housing in the area as it capitalizes on the City’s previous efforts to develop the area. Accordingly, staff believes that Council can make the finding that this approach is in the best interest of the City.

 Parcel Group 4 – Declare Parcel Group 4 surplus, and upon approval of the Council, release a Notice of Availability in accordance with Government Code §54220 for the purpose of developing low- and moderate-income housing to certain required public agencies and housing sponsors that have provided notice to HCD of their interest in acquiring surplus land. Interested parties have 60 days to respond. If responses are received, the City must negotiate in good faith for a minimum of 90 days. The Surplus Land Act does not prevent the local agency from obtaining fair market value for the sale/lease of surplus properties. If there are no responses or if negotiations fail to result in a sale or lease, the City can proceed with the marketing and sale or lease to a third- party.

 Parcel Group 6 – Declare Parcel Group 6 “exempt surplus land” under Government Code § 54221(f)(1)(F)(ii), which requires the City put the property out to open, competitive bid for a mixed-use development that is more than one acre in area , includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing.

 Parcel Group 8 (Open Space Sub-Parcel) – Declare the Parcel Group 8 Open Space Sub-Parcel “exempt surplus land” consistent with Government Code §54221(f)(1)(D) and/or Government Code §54221(b)(1),(c)(1),&(d) because the land will be transferred to another local, state, or federal agency for conservation and/or open-space purposes or retained for open spaces purposes. In this case, the City is in discussions with the Hayward Area Recreation District for the potential transfer of this Sub-Parcel for an expansion of the Carlos Bee Park.

 Parcel Group 8 (Affordable and Market Rate Sub-Parcels) – Declare these two Sub- Parcels of Parcel Group 8 “exempt surplus land” in compliance with the Surplus Lands Act consistent with Government Code §37364, which is described in detail above under the combined approach to Parcel Groups 3 and 5. As currently proposed, the nonprofit affordable housing developer, Resources for Community Development (RCD), will provide 109 units of affordable housing by developing 96 new units and converting 13 units of naturally occurring affordable housing to restricted affordable housing. The project is proposed to include twenty 60% AMI and eight-three 50% AMI housing units for Parcel Group 8 (Affordable Sub-Parcel). Any future development of the Parcel Group

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8 (Market Rate Sub-Parcel) together with the Parcel Group 8 (Affordable Sub-Parcel) would need to collectively comply with the provisions of Government Code §37364.

The above outlined approach will allow the City to generate critically needed housing at several income levels dispersed across the collective area, possibly inclusive of Parcel Group 9, as discussed below. Moreover, approaching the development as a whole allows for greater economic and social opportunities for a more inclusive and well -planned community. Additionally, this approach will be the most expedient manner to produce housing in the area as it capitalizes on the City’s previous efforts to develop the area and its efforts to avoid displacement. Accordingly, staff believes that Council can make the finding that this approach is in the best interest of the City.

 Parcel Group 9 - Declare Parcel Group 9 “exempt surplus land” in compliance with the Surplus Lands Act consistent with Government Code §37364, which is described in detail above under the approach to the combined Parcel Groups 3 and 5 sub-group. Any future development of Parcel Group 9 together with the Parcel Group 8 (Affordable and Market Rate Sub -Parcels) would need to collectively comply with the provisions of Government Code §37364. If this is not possible for Parcel Group 9, then the City may elect in the future to declare this property surplus in accordance with Government Code §54220 or pursue another qualified exemption consistent with the Surplus Lands Act.

In sum, staff recommends that Council adopts a resolution inclusive of Exhibit A (Attachments II and III): (1) declaring specified City-owned properties associated with the former 238 Bypass Project exempt Surplus Lands; and (2) declaring Parcel Group 4 as surplus lands pursuant to Government Code Section 54221.

ECONOMIC IMPACT

Resale of the 238 corridor properties parcel groups may partially return them to the tax rolls, provide an opportunity for new residential development needed to address the goals of the Housing Element and provide new commercial development opportunities.

STRATEGIC ROADMAP

The proposed project supports the Strategic Priorities of Preserve, Protect, and Preserve Housing for All, as well as of Grow the Economy, and specifically, relates to the implementation of the following project:

Project 5, Part 5.a-c: Facilitate disposition and development of Route 238 Corridor lands.

FISCAL IMPACT

The sales proceeds will be utilized by the City to repay Caltrans as required under the PSA and any excess to sales proceeds will be retained by the City. The revenues generated through the

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sale of the 238 corridor properties is required to be used by Caltrans to fund certain local alternative transportation improvement projects.

NEXT STEPS

Upon approval of the resolution, the City Manager will transmit a copy of the resolution to HCD and continue implementation of the disposition and development process for the remaining City-owned 238 corridor properties.

Prepared and 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 COUNCIL OF THE CITY OF HAYWARD DECLARING SPECIFIED CITY-OWNED PROPERTIES ASSOCIATED WITH THE FORMER 238

BYPASS PROJECT EXEMPT SURPLUS LAND AND DECLARING PARCEL GROUP 4 AS SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221

WHEREAS, the City of Hayward (the “City”) is the owner of those parcels of real property more particularly described in the attached Exhibit A, located in the City of Hayward (the "City Properties"); and

WHEREAS, the City previously declared the City Properties exempt surplus land on December 14, 2021 and promptly transmitted a copy of th at Resolution to the California Department of Housing and Community Development (“HCD”) on December 16, 2021; and

WHEREAS, following transmittal, HCD and the City commenced discussions whereby additional exemptions were identified that were applicable to the City Properties; and

WHEREAS, under Government Code §54221(f)(1)(A) “exempt surplus land” is defined to include surplus land that is transferred pursuant to Government Code §37364; and

WHEREAS, under Government Code §37364, whenever a City determines that its property can be used for the provision of affordable housing to families of low or moderate income as defined in Health & Safety Code § 50093, and that the use is in the City’s best interest, the City may sell or otherwise convey t he property under whatever terms and conditions it deems appropriate as long as at least 80% of the area of the property being disposed is used for the development of housing, and that at least 40% of the total housing units are restricted to low and very low incomes as specified under §37364(c-d); and

WHEREAS, at least 80% of the developable area of geographically clustered Parcel Groups 8 (excluding the Open Space Subparcel as shown separately in Exhibit A and addressed separately below) and 9 will be used for the generation of housing, and at least 40% of the residential units will be affordable as specified under §37364(c-d); and

WHEREAS, the generation of mixed income housing in a holistic manner over Parcel Groups 8 (excluding the Open Space Subparcel) & 9 is in the best interest of the City as it avoids detrimental impacts often associated with the concentration of poverty and provides the greatest economic, social, and educational opportunities to all residents of Hayward regardless of income; and

ATTACHMENT II

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WHEREAS, at least 80% of the developable area of geographically clustered Parcel Groups 3 and 5 (separated only by Parcel Group 4 which is separately addressed below) will be used for the generation of housing, and at least 40% of the residential units will be affordable as specified under §37364(c-d); and

WHEREAS, the generation of mixed income housing in a comprehensive manner over Parcel Groups 3 & 5 is in the best interest of the City as it allows the housing to be built in an expedient manner with project components that are nearly shovel ready and as it avoids detrimental impacts often associated with the concentration of poverty and provides the greatest economi c, social, and educational opportunities to all residents of Hayward regardless of income; and

WHEREAS, under Government Code § 54221(f)(1)(D) & (G), “exempt surplus land” is defined to include surplus land that is transferred to another local, state, or federal agency for the agency’s use or to a federally recognized California tribe , and land that has a valid legal restriction, not imposed by the local agency, preventing the development of housing; and

WHEREAS, under Government Code § 54221, surplus land does not include land necessary for an “agency’s use” which includes land being used for conservation purposes and/or for “Open-space purposes” as defined in § 54221(b)(1), (c)(1), and (d); and

WHEREAS, the Open Space Subparcel of Parcel Group 8 was created pursuant to State authorization dated March 29, 2021 and was restricted by the State for Open-Space purposes and will be either retained or transferred to another agency for Open-Space purposes or for conservation thereby rendering it exempt or non-surplus property; and

WHEREAS, under Government Code §54221(f)(1)(F)(ii) “exempt surplus land” is also defined to include surplus land that is put out to a competitive bi d for a mixed -use development that is more than one acre and includ es at least 300 residential units, 25% of them restricted to lower income households as set forth in Health & Safety Code §§ 50079.5 , 50052.5, and 50053, for a minimum of 55 years for rental housing and 45 years for ownership housing; and

WHEREAS, Parcel Group 6 will be put out to an open competitive bid to all entities identified in the applicable HCD Expression -of-interest list under Government Code §54222(a); and

WHEREAS, Parcel Group 6 is approximately 29 acres and the proposed development will produce at least 300 residential units, with 25% of the units restricted to lower income households for a minimum of 55 years for rental housing and 45 years for ownership housing, thereby satisfying the requirements of §54221(f)(1)(F)(ii) and providing a compre hensive development addressing the needs of housing, economic development, and provision of services and infrastructure that arose following the State’s abandonment of the Route 238 project; and

ATTACHMENT II

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WHEREAS, the City has determined that Parcel Group 4 is not necessary for the City’s use as such term is used in Government Code Section 54221, and therefore desires to cause the development of Parcel Group 4 for residential use; and

WHEREAS, the City desires to declare Parcel Group 4 “surplus”, despite any applicable exemption.

NOW, THEREFORE, BE IT RESOLVED, that Parcel Group 4 is hereby declared “surplus land” as defined in Government Code Section 54221.

BE IT FURTHER RESOLVED, that the City Manager shall release a Notice of Availability, in accordance with the Surplus Property Land Act (Gov. Code § 54220 et seq.), and proceed with negotiations with respondents of such notice in connection with the possible disposition of Parcel Group 4;

BE IT FURTHER RESOLVED, that Parcel Groups 3 and 5 are hereby declared “exempt surplus land” because the land will be transferred to provide affordable housing pursuant to Government Code section 37364, as the sale of these parcels for the generation of housing is in the City’s best interest as set forth above and in the Staff Report accompanying this Resolution;

BE IT FURTHER RESOLVED, that Parcel Group 6 is hereby declared “exempt surplus land” because the land will be disposed of pursuant to Government Code §54221(f)(1)(F)(ii);

BE IT FURTHER RESOLVED, that Parcel Group 8 (excluding the Open Space Subparcel as shown separately in Exhibit A) is hereby declared “exempt surplus land” because the land will be transferred to provide affordable housing pursuant to Government Code section 37364;

BE IT FURTHER RESOLVED, that the Open Space Subparcel Group 8 (as shown separately in Exhibit A)) is hereby declared “exempt surplus land” pursuant to Government Code section 54221(f)(1)(D) because the land will be transferred to another local, state, or federal agency for conservation and/or Open-Space purposes pursuant to § 54221(b)(1), (c)(1), and (d);

BE IT FURTHER RESOLVED, that Parcel Group 9 is hereby declared “exempt surplus land” because the land will be transferred to provide affordable housing pursuant to Government Code section 37364; and

BE IT FURTHER RESOLVED, that the City Council directs the City Manager to transmit a copy of this Resolution to the California Department of Housing and Community Development no later than thirty (30) days prior to the disposition of the City Properties.

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

PARCEL GROUP 3
(PORTIONS TO BE TRANSFERRED TO DEVELOPER)
Attachment III
Exhibit A to Resolution
EXHIBIT ‘A’
Legal Description
Affordable Housing Property

All that real property situates in the City of Hayward, County of Alameda, State of California, described as follows:

Being a portion of that certain parcel of land described in the Director’s Deed from the State of California to the City of Hayward recorded 15-November-2017, as Document No. 2017252113, Official Records of said County, more particularly described as follows:

Commencing at the southwesterly corner of Parcel P of Tract 7620 filed 03-May-2016 in Book 339 of Maps at Page 46, Alameda County Records, said point being the southerly terminus of that certain course shown as North 01 08’44” East 1392.60 feet on said Tract 7620;

1. Thence South 78 °26’02” West 376.34 feet along the southerly line of said lands of the City of Hayward (2017252113) to the most southwesterly corner thereof;

2. Thence North 11 °17’05" West 171.19 feet along the westerly line of said lands of the City of Hayward (2017252113) to the Point of Beginning ;
Thence along said westerly line the following two (2) courses;

3. North 11 °17'05" West 298.36 feet;

4. North 14°54'28" West 398.67 feet to the southeasterly line described in the deed to Pine & Co. recorded 19-October-1955 in Book 7819 at Page 333 (AK-113734), Official Records of said County;

5. Thence South 57 °25'47" West 5.33 feet along last said line to the lands of the City of Hayward described in the deed recorded 29-December-1965 on Reel 1673 at Image 982 (AX-177888), Official Records of said County;

6. Thence North 23 °40’14” West 498.46 feet along last said line to the beginning of a non- tangent curve concave southerly and having a radius of 109.72 feet (a radial line of said curve through said point bears North 20 14’48” West);

7. Thence easterly and southeasterly 113.59 feet along said curve through a central angle of 59 °19’00” to the beginning of a non-tangent curve concave westerly and having a radius of 1666.21 feet ( a radial line of said curve through said point bears North 59 24’38” East);

8. Thence southerly 298.63 feet along said curve through a central angle of 10 °16’08” to the beginning of a reverse curve concave northeasterly and having a radius of 862.55 feet;

9. Thence southeasterly 429.43 feet along said curve through a central angle of 28 31’32” to the beginning of a reverse curve concave southwesterly and having a radius of 1063.72 feet;

10. Thence southeasterly 178.52 feet along said curve through a central angle of 09 °36’57”;

11. Thence South 52 24’45” West 100.60 feet;

12. Thence South 37 28’08” East 1.62 feet;

13. Thence South 52 31’52” West 31.50 feet;`

14. Thence South 37 28’08” East 115.00 feet;

15. Thence North 52 31’52” East 18.00 feet;

EXHIBIT ‘A’
Legal Description
School Property

All that real property situates in the City of Hayward, County of Alameda, State of California, described as follows:

Being portions of Parcel 1 and Parcel 3 as described in the Director’s Deed from the State of California to the City of Hayward recorded 03-November-2017, as Document Number 2017243815, together with that certain parcel of land described in the Director’s Deed from the State of California to the City of Hayward recorded 15-November-2017, as Document No. 2017252113, both of Official Records of said County, more particularly described as follows:

Beginning at the southwestern corner of Parcel P of Tract 7620 filed 03-May-2016 in Book 339 of Maps at Page 46, Alameda County Records;

1. Thence North 89 °39’02” East 349.50 feet along southerly line of said Parcel P to the northerly line of Tennyson Road, as said road is shown on said Tract 7620, said point being the beginning of a non-tangent curve concave northerly and having a radius of 720.00 feet, (a radial bearing of said curve through said point bearing South 28°09’31” East); Thence along said northerly line of Tennyson Road the following three (3) courses;

2. Westerly 198.77 feet along said curve through a central angle of 15 °49'02";

3. South 79 °55'21" West 216.36 feet to the beginning of a curve concave northerly and having a radius of 570.00 feet;

4. Westerly 103.75 feet along said curve and last said line through a central angle of 10 °29'45" to the easterly line of Parcel 2, as said parcel is shown on Parcel Map No. 500, filed 20-August- 1969 in Book 61 of Parcel Maps, at Page 47, Alameda County Records;

5. Thence North 19 °22'35" West 41.87 feet along last said line to the northerly line of said Parcel 2;
Thence along said northerly line the following two (2) courses;

6. North 86 21’23” West 117.94 feet to an angle point in last said line;

7. South 78°26'02" West 83.58 feet to the westerly line of said Director ‘s Deed (2017252113);

8. Thence North 11 °17’05” West 171.19 feet along last said line;

9. Thence North 77 °07’18” East 230.63 feet;

10. Thence North 52 °31’52” East 25.38 feet;

11. Thence North 37 °28’08” West 13.50 feet to the beginning of a non-tangent curve concave westerly and having a radius of 26.50 feet (a radial bearing of said curve through said point bearing South 37 °28’08” East);

12. Thence northeasterly and northerly 27.51 feet along said curve through a central angle of 59 °28’21” to the beginning of a reverse curve concave easterly and having a radius of 46.00 feet;

13. Thence northerly 29.16 feet along said curve through a central angle of 36 °19’01” to the beginning of a reverse curve concave westerly and having a radius of 26.00 feet;

A-1
163\39\3032763.1

EXHIBIT A

LEGAL DESCRIPTION

Those parcels of land, in the City of Hayward, County of Alameda, State of California, as described below:

PARCEL GROUP 4
(LESS REMNANT PARCEL TRANSFERRED
TO PARCEL GROUP 5)

PARCEL GROUP 5
(INCLUDING REMNANT PARCEL TRANSFERRED
FROM PARCEL GROUP 4)

PARCEL GROUP 6

PARCEL GROUP 8
(AFFORDABLE HOUSING SUBPARCEL
AND MARKET RATE SUBPARCEL)

Page 8 of 77 ends

Attachment
2 (Legal and Plat for Affordable Housing Subparcel)
DocuSign Envelope ID: 84205263-E57B-483E-8521-CD1727FC4511

Page 9 of 77 ends