Hayward City Council
March 22, 2022

Tuesday, March 22, 2022
7:00 PM

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

March 22, 2022City Council Agenda

CITY COUNCIL MEETING
NOTICE: The City Council will hold a hybrid meeting in Council Chambers and virtually via Zoom.

How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:

1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

How to provide live Public Comment during the City Council Meeting:

Click link below to join the meeting:
https://hayward.zoom.us/j/88531878204?pwd=ZjgrdFlIRStmSmZMa2ZqVHcvNFp6UT09 Meeting ID: 885 3187 8204
Passcode: CC3/22@7pm
or
Dial: +1 669 900 6833 or +1 253 215 8782 or 833 548 0276 (Toll Free) Meeting ID: 885 3187 8204
Password: 7397483648
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa

March 22, 2022City Council Agenda
CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Council Member Lamnin

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

PRESENTATIONS
Avellino Labs Commendation
Women’s History Month Proclamation

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 Accepting the Resignation of Ms. Kelly Peterson from the Library Commission, Effective Immediately CONS 22-1421.

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

March 22, 2022City Council Agenda
Adopt a Resolution Appointing Ms. Shareen Purcell to the Library Commission to Fulfill the Unexpired Term of Ms. Kelly Peterson
CONS 22-1692.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution of Intention to Amend the Precise Plan Line for Rockaway Lane from “A” Street to Russell Way, Reducing the Right-of-Way Width Requirement from 68 Feet to 56 Feet; Applicant/Owner: William Frankel, 22422 Rockaway LLC,
Application No. 202105041
CONS 22-1513.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Vicinity Map
Attachment IV Applicant Request
Attachment V Residential Street Standards
Attachment VI Existing Precise Plan Line 2
Attachment VII Proposed Precise Plan Line 2
Attachment VIII Route 238 Bypass Alignment
Adopt a Resolution Authorizing the City Manager to Execute the Amended and Restated Water Supply Agreement with the City and County of San Francisco and Wholesale Customers and Approving a Minimum Purchase Transfer from the City of Mountain View to the City of East Palo Alto
CONS 22-1544.

Attachments: Attachment I Staff Report
Attachment II Resolution WSA Amendments
Attachment III Resolution EPA/Mountain View Transfer

March 22, 2022City Council Agenda
Adopt Resolutions 1) Awarding a Contract to Sposeto
Engineering, Inc., for the Safe Routes for Seniors Project, Project No. 05309, in the Amount of $2,366,608, and
Authorizing a Contingency Budget of $233,000 for
Administrative Change Orders; 2) Appropriating Measure BB Paratransit Funds, in the Amount of $250,000, to Project No. 05309; and, 3) Transferring Funds, in the Amount of $400,000, from the Main Street Complete Streets Project, Project No. 05283, to SR4S Project No. 05309
CONS 22-1555.

Attachments: Attachment I Staff Report
Attachment II Resolution Contract Award
Attachment III Resolution Appropriation
Attachment IV Resolution Transfer of Funds
Adopt Resolutions 1) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with SurfaceDesign, Inc., by $122,975 for a Total Not-to-Exceed Amount of $637,975 for Additional Design and Consultant Services; and, 2) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with Langan Engineering and Environmental Services by
$200,026 for a Total Not-to-Exceed Amount of $493,426 for Additional Design and Consultant Services for the La Vista Park Project, Project No. 06914
CONS 22-1586.

Attachments: Attachment I Staff Report
Attachment II Resolution SDI Amendment
Attachment III Resolution Langan Amendment
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with LookingPoint for Cisco Unified Computing System (UCS) and VMWare Refresh in an Amount
Not-to-Exceed $300,000
CONS 22-1707.

Attachments: Attachment I Staff Report
Attachment II Resolution

March 22, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to
Reestablish a Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program & Lateral Hiring Bonus Program and Reestablish a Hiring Incentive Referral Program (HIRP) for City Employees
CONS 22-1728.

Attachments: Attachment I Staff Report
Attachment II TEAG Bonus Program Resolution
Attachment III Lateral Bonus Program Resolution
Attachment IV HIRP Resolution
Attachment V TEAG Bonus Program Agreement
Attachment VI Lateral Bonus Program Agreement
Attachment VII HIRP Referral Application

LEGISLATIVE BUSINESS
Fireworks Ban Education and Enforcement: Introduction of Two Ordinances Amending Chapter 4 Article 15 of the Hayward Municipal Code Relating to Social Nuisance by Specifically Including Fireworks and Chapter 3 Article 3 of the Hayward Municipal Code Relating to Fireworks by Specifically
Identifying Property Owners Accountable for Fireworks
(Report from Assistant City Manager/Development Services Director Ott)
LB 22-0099.

Attachments: Attachment I Staff Report
Attachment II Ordinance Amending Chapter 4 Article 15
Attachment III Ordinance Amending Chapter 3 Article 3
General Plan Annual Progress Report: Accept the Hayward 2040 General Plan Annual Progress Report for Calendar Year 2021 (Report from Assistant City Manager/Development
Services Director Ott)
LB 22-00810.

Attachments: Attachment I Staff Report
Attachment II General Plan Program List

March 22, 2022City Council Agenda
Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2022 (Report from Director of Human Resources Sangy)
LB 22-01011.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY 2022 Salary Plan

PUBLIC HEARING
Master Fee Schedule: Adopt a Resolution Amending the Fiscal Year 2023 Master Fee Schedule (Report from Finance Director Claussen)
PH 22-01712.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III City Clerk FY 2023 Proposed Changes
Attachment IV City Manager FY 2023 Proposed Changes
Attachment V Development Services FY 2023 Proposed
Changes
Attachment VI Public Works FY 2023 Proposed Changes
Attachment VII Proposed FY 2023 Master Fee Schedule

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).

March 22, 2022City Council Agenda

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

ADJOURNMENT
NEXT MEETING, April 5, 2022, 7:00 PM

PUBLIC COMMENT RULES
Any member 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.

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

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

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

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-142
DATE: March 15, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Ms. Kelly Peterson from the Library Commission, Effective Immediately

RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Ms. Kelly Peterson from the Library Commission, effective immediately.

SUMMARY
Ms. Kelly Peterson was appointed to the Library Commission on September 27, 2020. Ms. Peterson’s resignation becomes effective immediately, per her resignation letter (Attachment III).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 3/18/2022Page 1 of 1
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT Adopt a Resolution Accepting the Resignation of Ms. Kelly Peterson from the Library Commission, Effective Immediately

RECOMMENDATION

That the Council adopts a resolution (Attachment II) accepting the resignation of Ms. Kelly Peterson from the Library Commission, effective immediately.

SUMMARY AND DISCUSSION

Ms. Kelly Peterson was appointed to the Library Commission on September 27, 2020. Ms.

Peterson’s resignation becomes effective immediately, per her resignation letter (Attachment III).

FISCAL IMPACT

There is no fiscal impact associated with this report.

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.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION No. 22-

Introduced by Council Member __________

RESOLUTION ACCEPTING THE RESIGNATION OF M S. KELLY PETERSON

FROM THE LIBRARY COMMISSION

WHEREAS, Ms. Kelly Peterson was appointed to the Library Commission on October 27, 2020; and

WHEREAS, Ms. Kelly Peterson submitted a resignation letter on February 26, 2022.

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

IN COUNCIL, HAYWARD, CALIFORNIA, __________________________________.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

From: Kelly Keiko
Sent: Saturday, February 26, 2022, 5:53 PM
To: Melissa Burkley
Subject: Re: Zoom Meeting Invite - 02/28/22 Library Commission

Hi Melissa,

Thank you for this! Unfortunately, I have a new schedule at work that conflicts with the Commission’s meeting times, and won’t be able to participate moving forward. Please let Jayanti and the commissioners know how much I’ve appreciated collaborating to do our part to support the libraries and Hayward. I know they will continue to do meaningful work, and am so thankful that I had the opportunity to work with them.

If you need anything further from me, please let me know!

Thanks,
Kelly

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-169
DATE: March 22, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Appointing Ms. Shareen Purcell to the Library Commission to Fulfill the Unexpired Term of Ms. Kelly Peterson

RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Ms. Shareen Purcell to the Library Commission to fulfill the unexpired term of Ms. Kelly Peterson, which will expire on September 30, 2022.

SUMMARY
Following the July 27, 2021 City Commission interviews, the Council established an alternate list comprising eligible applicants who were not selected to fill vacancies because there were not enough seats to appoint them. The alternate list comprised four Hayward residents who were nominated for specific commissions; it will be valid for one year and expire at the beginning of the new recruitment process. The Council, during its September 21, 2021, Council meeting, confirmed the list of alternates by commission. Ms. Shareen Purcell was selected as the alternate for the Library Commission.

On February 26, 2022, Ms. Kelly Peterson submitted a letter of resignation, which created an unexpected vacancy on the Library Commission.

Ms. Shareen Purcell, who is a Library Commission alternate, was contacted to confirm her eligibility status and her interest for serving on the Library Commission. If appointed to the Library Commission, Ms. Shareen Purcell’s term would be effective March 22, 2022, and would end on September 30, 2022.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 3/18/2022Page 1 of 1
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT

Adopt a Resolution Appointing Ms. Shareen Purcell to the Library Commission to Fulfill the Unexpired Term of Ms. Kelly Peterson

RECOMMENDATION

That the Council adopts a resolution (Attachment II) appointing Ms. Shareen Purcell to the Library Commission to fulfill the unexpired term of Ms. Kelly Peterson, which will expire on September 30, 2022.

SUMMARY AND DISCUSSION

Following the July 27, 2021 City Commission interviews, the Council established an alternate list comprising eligible applicants who were not selected to fill vacancies because there were not enough seats to appoint them. The alternate list comprised four Hayward residents who were nominated for specific commissions; it will be valid for one year and expire at the beginning of the new recruitment process. The Council, during its September 21, 2021 Council meeting1, confirmed the list of alternates by commission. Ms. Shareen Purcell was selected as the alternate for the Library Commission.

On February 26, 2022, Ms. Kelly Peterson submitted a letter of resignation, which created an unexpected vacancy on the Library Commission.

Ms. Shareen Purcell, who is a Library Commission alternate, was contacted to confirm her eligibility status and her interest for serving on the Library Commission. If appointed to the Library Commission, Ms. Shareen Purcell’s term would be effective March 22, 2022, and would end on September 30, 2022.

FISCAL IMPACT

There is no fiscal impact associated with this report.

1 CITY OF HAYWARD - File #: APPT 21-004 (legistar.com)

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

Should Ms. Shareen Purcell be appointed to the Library Commission, she will take her oath of affirmation prior to attending her first Library Commission meeting.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION No. 22-

Introduced by Council Member __________

RESOLUTION APPOINTING MS. SHAREEN PURCELL TO THE LIBRARY COMMISSION TO FULFILL THE UNEXPIRED TERM OF MS. KELLY

PETERSON

WHEREAS, the City Council conducted its annual recruitment for Commissions and Keep Hayward Clean and Green Task Force from April 13, 2021, to June 30, 2021; and

WHEREAS, on July 2 7, 2021, the City Council interviewed six applicants to fill one vacancy on the Library Commission; and

WHEREAS, due to the limited number of vacancies on the Library Commission, Ms.

Shareen Purcell was not appointed to the Library Commission but was placed on the Alternate List; and

WHEREAS, Library Commissioner Kelly Peterson . resigned due to unforeseen circumstances, effective February 26, 2022.

THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Ms.

Shareen Purcell is selected from the alternate list to fulfill Ms. Peterson’s unexpired term, which will expire on September 30, 2022.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTACHMENT II

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 22-151
DATE: March 22, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution of Intention to Amend the Precise Plan Line for Rockaway Lane from “A” Street to Russell Way, Reducing the Right-of-Way Width Requirement from 68 Feet to 56 Feet; Applicant/Owner:

William Frankel, 22422 Rockaway LLC, Application No. 202105041

RECOMMENDATION
That the Council adopts a Resolution of Intention to Amend the Precise Plan Line for Rockaway Lane (Attachment II) based on the analysis in this Staff Report.

SUMMARY
The current precise plan line for Rockaway Lane requires a 20-foot-wide dedication on the east side of the roadway to create a 68-foot-wide right of way. Rockaway Lane is a short street extending north approximately 2 blocks from the intersection with A Street as shown on the Vicinity Map (Attachment III). The precise plan line affects a total of three properties, two of which have been previously developed as apartments. William Frankel, the owner of 22422 Rockaway Lane (APN 415-0230-078-00) has a current planning application to develop the remaining vacant property and has requested that the City amend the precise plan line and increase the developable area of the property (Attachment IV). Staff has reviewed the request and supports a reduction in the precise plan line requirement from a 68-foot right- of-way to a 56-foot right-of-way consistent with Standard Street Sections for a Residential Public Street (Attachment V).

Planning Commission Review
The Planning Commission reviewed this request as part of a public hearing held on February 10, 2022 and recommended the reduction in width of the Rockaway Lane Precise Plan Line from 68 feet to 56 feet.

This project is categorically exempt from environmental review pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) guidelines as an existing facility. The exemption applies in this instance because the proposed amendment would reduce the right of way dedication requirement and not result in any expansion of use or create additional automobile travel lanes.

CITY OF HAYWARD Printed on 3/18/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-151

ATTACHMENTS
Attachment I Staff Report
Attachment II Draft Resolution
Attachment III Vicinity Map
Attachment IV Applicant Request
Attachment V Residential Street Standards
Attachment VI Existing Precise Plan Line
Attachment VII Proposed Precise Plan Line
Attachment VIII Route 238 Bypass Alignment
CITY OF HAYWARD Printed on 3/18/2022Page 2 of 2
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution of Intention to Amend the Precise Plan Line for Rockaway Lane from “A” Street to Russell Way, Reducing the Right-of-Way Width Requirement from 68 Feet to 56 Feet; Applicant/Owner: William Frankel, 22422 Rockaway LLC, Application No. 202105041

RECOMMENDATION

That the Council adopts a Resolution of Intention to Amend the Precise Plan Line for Rockaway Lane (Attachment II) based on the analysis in this Staff Report.

SUMMARY

The current precise plan line for Rockaway Lane requires a 20-foot-wide dedication on the east side of the roadway to create a 68-foot-wide right of way. Rockaway Lane is a short street extending north approximately 2 blocks from the intersection with A Street as shown on the Vicinity Map (Attachment III). The precise plan line affects a total of three properties, two of which have been previously developed as apartments. William Frankel, the owner of 22422 Rockaway Lane (APN 415-0230-078-00) has a current planning application to develop the remaining vacant property and has requested that the City amend the precise plan line and increase the developable area of the property (Attachment IV). Staff has reviewed the request and supports a reduction in the precise plan line requirement from a 68-foot right-of- way to a 56-foot right-of-way consistent with Standard Street Sections for a Residential Public Street (Attachment V).

Planning Commission Review
The Planning Commission reviewed this request as part of a public hearing held on February 10, 20221 and recommended the reduction in width of the Rockaway Lane Precise Plan Line from 68 feet to 56 feet.

This project is categorically exempt from environmental review pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) guidelines as an existing facility. The exemption applies in this instance because the proposed amendment would reduce the right

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5446508&GUID=89C7A74C-AB90-49A6-A7C1-175D32F478E6&Options=&Search=

of way dedication requirement and not result in any expansion of use or create additional automobile travel lanes.

BACKGROUND

Chapter 10, Article 4 of the Hayward Municipal Code grants Council the authority to establish precise plan lines for the reservation of future rights-of-way to provide a definite plan of development for the City and to guide, control, and regulate future growth in the City in accordance with the Hayward 2040 General Plan. Precise plan lines provide clarity to property owners and prospective developers regarding any dedication requirements and guides the City for the use of any capital expenditures for street and highway improvements.

The current precise plan line requirements for Rockway Lane from A Street to Russell Way is specified as a minimum 68-foot width in Municipal Code Section 10-4.56 and was approved with Ordinance No. 64-026 C.S., adopted July 21, 1964. The existing precise plan line is shown on drawing number H-116 included as Attachment VI, and the proposed amended precise plan line included as Attachment VII.

Rockaway Lane was used as a roadway as early as 1888 and formally identified as a 48-foot- wide street in 1911 as part of the San Lorenzo Terrace subdivision. Today, it remains 48 feet wide in front of 22422 Rockaway Lane. The original precise plan line for Rockaway was adopted with Ordinance 208 C.S. on March 10, 1959 and required a 68-foot width with a ten- foot dedication required on each side of the street. The 1959 precise plan was consistent with a zoning amendment approved in 1958 for the development of the neighboring property at 22412 Rockaway, which required a ten-foot dedication as condition of development.

In June 1961, the California Highway Commission formally adopted a preferred location for the Route 238 Bypass through Hayward. The proposed bypass alignment, shown on Attachment VIII includes Rockaway Lane and all parcels to the east of Rockaway Lane in the future proposed State right-of-way. In preparation for the new freeway, the City realigned 4th Street between A Street and B Street to align with Rockaway at the A Street intersection.

Beginning in the late 1960s and early 1970s, the State began acquiring properties within proposed right-of-way and acquired 22422 Rockaway Lane during this time period.

In 1964, Council adopted the current precise plan line, amending the 1959 line, requiring the entire 20-foot dedication to create a 68-foot roadway that would be taken from properties on the east side of the street, and burdening properties only on the east side of the road. The Route 238 bypass alignment likely influenced Council’s determination since these properties were to have been part of the future freeway right-of-way. In 1992, Council adopted the “Upper B Street Plan” with Resolution 92-264. The plan maintained the Route 238 bypass around downtown Hayward as an alternative and identified 22422 Rockaway as a freeway off-ramp and connection to A Street.

Several groups and members of the public opposed the Route 238 bypass shortly after the alignment was identified in the 1960s and 1970s. In November 2010, following many years of lawsuits, the California Transportation Commission formally rescinded the freeway adoption

for the Route 238 bypass. Caltrans has sold many of the properties acquired for the freeway bypass including 22422 Rockaway Lane.

DISCUSSION

Staff recommends reducing the precise plan width on Rockaway Lane from 68 feet to 56 feet based on the following discussion and consistent with a standard residential street providing a travel lane in each direction and parking and sidewalks on both sides of the street.

The existing right-of-way in front of 22422 Rockaway Lane is 48 feet wide and the paved roadway is only 28 feet wide; too narrow to allow parking on both sides of the street. The improvements on the west side of Rockaway Lane include a 10-foot-wide sidewalk, which has already been constructed between A Street and Russell Way. A 56-foot precise plan width would still require an 8-foot dedication from 22422 Rockaway Lane when the property is developed along with frontage improvements. When improved, the new 36-foot-wide roadway on the 56 foot right of way would provide parking on both sides of the street and room for up to a 10-foot-wide sidewalk. The final improved roadway would also align with 4th Street, which is located across the A Street intersection.

As previously noted, the existing Rockaway Lane Precise Plan Line affects three properties on the eastern side of road, two of which have already been developed into apartments. One of these properties dedicated 10 feet of right-of-way at the time of development, which would satisfy the requirements of a 56-foot-wide precise plan width. The reduced precise plan line would affect the development potential of two properties, the existing developed site at 22400 Rockaway Lane and the currently vacant parcel at 22422 Rockaway Lane. Dedication requirements would be satisfied with the development of the vacant 22422 Rockaway Lane property or the redevelopment of the 22400 Rockaway Lane property.

Hayward 2040 General Plan. The Hayward 2040 General Plan designation for the properties on Rockaway Lane fronting A Street is Commercial / High Density Residential and High Density Residential for the other properties on Rockaway Lane. The existing development includes a commercial use fronting A Street and a mixture of single family and multi-family development on Rockaway Lane and nearby Russel Way which provides a connection to 2nd Street.

San Lorenzo Creek is a prominent geologic feature east of Rockaway Lane and the approximate creek centerline forms the eastern property line of the three developable properties on the east side of Rockaway Lane. Rockaway Lane ends approximately 300 feet north of Russell Way due to a sharp bend in San Lorenzo Creek and the creek flows in a westerly direction adjacent to Russell Way. The creek is a natural barrier to development and essentially isolates the neighborhood with a total of about thirty properties served by the Rockaway Lane and the Russell Way roadways.

Rockaway Lane is identified as a local street within the Hayward 2040 General Plan and there are no plans for expansion of the roadway or extension of the roadway across San Lorenzo

Creek. Additionally, the Hayward Bicycle & Pedestrian Master Plan2, adopted in 2020, does not identify either Rockaway Lane or Russell Way for a bicycle route or an area with enhanced pedestrian improvements.

The City has developed Standard Details for street sections based on predominant use, i.e., residential, commercial, or industrial, and local, collector, or arterial classifications. The current 68-foot precise plan width for Rockaway Lane is consistent with the street standards for a major residential or commercial collector street. While this designation may have been appropriate when Rockaway Lane was adjacent to the Route 238 Bypass and envisioned as a potential freeway off ramp, it is no longer consistent with the Hayward 2040 General Plan.

Zoning Ordinance. Per HMC Section 10-4.213, before any action can be taken by the Council concerning proposed precise plan lines for future rights-of-way, the project needs to be referred to the Planning Commission and Department of Public Works for a report and recommendation.

Upon receipt of a report and recommendation from the Planning Commission, and whenever the public peace, safety, comfort, convenience, interest or welfare may require, Council has the authority to determine the minimum distance back from the street line for the erection of buildings or structures along any portion of any street or planned street in the City and to order the establishment of a line to be known and designated as a precise plan line, between which line and the street line no building or structure shall be erected or constructed.

Prior to adopting an ordinance establishing or amending any previously adopted precise plan line, Municipal Code section 10-4.25 requires the Council to adopt a resolution of intention designating the precise plan line(s) to be established or amended. The resolution of intention must set a date and time for a public hearing when any interested persons may appear and present verbal or written objections or protests to the proposed precise plan line.

Additionally, the Municipal Code requires publication of the resolution of intention and posting along the affected streets.

Environmental Review

The proposed Amendment to the Precise Plan Line is categorially exempt from CEQA pursuant to Section 15301, Existing Facilities. The Amendment would reduce the dedication requirement and not result in any expansion of use or create additional vehicular travel lanes.

ECONOMIC AND FISCAL IMPACT

Amendment of the precise plan line, by itself, will not have a fiscal or economic impact. The additional development potential created an amended precise plan line will improve

2 Hayward Bicycle and Pedestrian Plan (2020)
https://www.hayward-ca.gov/sites/default/files/Hayward%20BPMP_Final%20Plan.pdf 3 Precise Plan Lines. Planning Commission Review and Recommendation https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART4PRPLLIST_S10 -4.21PRPLLIPLCORERE

commerce, provide needed housing, and employ construction workers. Property tax revenues received by the City and several other local agencies will incrementally increase if a development at 22422 Rockaway Lane is constructed and occupied.

STRATEGIC ROADMAP

Approval of the Amended Precise Plan Line supports the Preserve, Protect, & Produce Housing priority in the City’s Strategic Roadmap, by increasing the development potential of 22422 Rockaway Lane and providing a mix of housing stock for all Hayward residents and community members, including the expansion of affordable housing opportunities and resources. Approval and the possible future development of 22422 Rockaway Lane would support the Improve Infrastructure priority by completing frontage improvements, widening and rehabilitating the existing pavement and improving sidewalk access.

SUSTAINABILITY FEATURES

The proposed action would reduce the future width and street section of Rockaway Lane resulting in less pavement and impervious surface area and a decreased impact on the environment.

NEXT STEPS

If approved, the Resolution of Intention will set a public hearing date of April 19, 2022 to afford interested persons an opportunity to be heard prior to amending of the Precise Plan Line for Rockaway Lane. Adoption of the precise plan line amendment will increase the developable area for 22422 Rockaway Lane; however, any development of this property would follow standard planning entitlement process.

Prepared by: Scott Wikstrom, Development Services Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-

Introduced by Council Member _______________

RESOLUTION OF INTENTION TO AMEND PRECISE PLAN LINES FOR ROCKAWAY LANE FROM “A” STREET TO RUSSELL WAY

WHEREAS, the Planning Commission of the City of Hayward has reviewed the staff report and after conducting a hearing on February 10, 2002, made a recommendation to support an amendment the precise plan line for Rockaway Lane; and

WHEREAS, The City Council of the City of Hayward hereby finds and determines that the public peace, safety, comfort, convenience, interest, and welfare support the recommended amendment to the precise plan line for Rockaway Lane, reducing the right - of-way width requirement from sixty eight (68) feet to fifty six (56) feet from “A” Street to Russell Way.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Hayward intends to amend the existing precise plan line on Rockaway Lane as follows:

Reducing the right -of-way width requirement from sixty eight (68) feet to fifty six (56) feet from “A” Street to Russell Way, as shown on the drawings entitled “Precise Plan Line, Rockaway Lane”, City Engineer’s File No. H-116 amended March 2022.

BE IT FU RTHER RESOLVED that a public hearing shall be held in the Council Chambers, 777 B Street, Hayward, California, on Tuesday, April 19, 2022 at 7:00 pm, at which time and place the Council shall afford interested persons an opportunity to be heard prior to am endment of the precise plan lines as described in this Resolution of Intention.

BE IT FURTHER RESOLVED pursuant to Municipal Code section 10 -4.29, at any time not later than the hour set for hearing objections and protests to the establishment of the proposed precise plan line or lines designated herein, any person having any interest in any land upon which said precise plan lines are proposed to be established, may file with the City Clerk a written protest or objection against the establishment of said p recise plan line or lines. Such protest must be in writing and delivered to the City Clerk not later than the hour set forth for said hearing; no other protest or objection shall be considered.

ATTACHMENT II

BE IT FURTHER RESOLVED, that t he City Clerk is hereby direc ted to cause a notice of said meeting and hearing to be made in the form and manner provided by applicable laws, specifically pursuant to Municipal Code section 10 -4.25 this Resolution shall be published once in a newspaper of general circulation, publishe d and circulated in the City ; and pursuant to Municipal Code section 10 -4.26 a copy of this Resolution shall be posted conspicuously along the streets in front of each block where such precise plan lines are proposed to be established; if any block is over five hundred (500) feet in length, a copy of this Resolution shall be posted not more than five hundred (500) feet apart along the streets where such plan lines are proposed to be established . Publication and posting of this Resolution shall be made at l east ten (10) days prior to the date designated herein for the public hearing on this matter.

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
!
!
!
!
!
!
!
!
!
!!
!
!
!
! !
!
!
!
!
!
! ! !
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!
!
!
!
!
!
!
!
!
!
!
!
!
!
D St
B St
B St
Belle St
Dolores St
Knox St
Castille Ln
Ruby St
Rex Rd
Earl Dr
Orange Ave
Dole Way
Hazel Ave
A St
A St
Shadyspring Rd
Mission Blvd
Rockford Rd
Hotel Ave
Clay St
Maple Ct
N 4th St
2nd St
3rd St
Kipling St
City Center Dr
Rockaway Ln
5th St
Foothill Blvd
Main St
Hennings Ct
4th St
Jeffer St
High St
Terrace Ave
1st St
Stafford Ave
7th St
A St
Prospect Ter
Ward St
Grove Way
Grove Way
Kings Ct
6th St
Alley
5th St
Sevilla Rd
Foothill Blvd
N 6th St
Crescent Ave
Gail Dr
C St
C St
Mc Keever Ave
Leila St
N 5th St Dahill Ln
Bellina St
Valley St
Baywood Ave
Russell Way
Knoll Way
E St
Charlene Way
Vestal Ave
East Ave
Douglas
Morrisson
Theatre
All Saints
School
Faith
Ringgold &
Key Academy
Newman Park
Carlos
Bee Park
Japanese
Garden
Hayward
Historical
Society
Hayward Area
Senior Center
I
0 250 500 750
Feet
Vicinity Map
January 2022

ATTACHMENT III
Precise Plan Line Adjustment 202105031
Address:
22422 Rockaway Lane
Applicant:

William Frankel

SITEAFFECTED

PARCELS
Scott Wikstrom
Development Services Department
City of Hayward
777 B Street, Hayward, CA. 94540
Mr. Wikstrom,
I am working on an apartment development at 22422 Rockaway Lane in Hayward.

The Hayward Municipal Code (HMC) Section 10-4.56 has established a certain plan line (Drawing Number H-116) for Rockaway Lane north of A Street. This plan line prescribes a 68-ft. right-of-way (ROW) width for Rockaway Lane.

I believe this right-of-way is not warranted for traffic circulation or other needs of the area. Rockaway Lane north of A Street serves only a few residences and traffic volumes are anticipated to remain low. I am requesting a reduction to a 56 foot wide ROW which would satisfy the Fire Departments requirements and be sufficient for the low volume of traffic in the area. I believe the City of Hayward Development Staff would support this amendment.

Thank You,
William Frankel
22422 Rockaway LLC
650-573-7333

ATTACHMENT IV

ATTACHMENT V

EXISTING PRECISE PLAN LINE
22422 Rockway Ln

ATTACHMENT VI

PROPOSED PRECISE PLAN LINE ATTACHMENT VII

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-154
DATE: March 22, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute the Amended and Restated Water Supply Agreement with the City and County of San Francisco and Wholesale Customers and Approving a Minimum Purchase Transfer from the City of Mountain View to the City of East Palo Alto

RECOMMENDATION
That the Council adopts resolutions approving the proposed amendments to the 2009 Water Supply Agreement with the City and County of San Francisco, and authorizes the City Manager to execute the amended and restated WSA:

1. Allowing for the transfer of Minimum Annual Purchase Requirements among Wholesale Customers in conjunction with the transfer of their Individual Supply Guarantees (Attachment II); and

2. Approving a Minimum Purchase transfer from the City of Mountain View to the City of East Palo Alto (Attachment III).

SUMMARY
Hayward receives its water supply from the San Francisco Public Utility Commission (SFPUC) under the terms of a 1962 individual water sales agreement, as well as the 2009 Water Supply Agreement (WSA) between San Francisco and the wholesale water customers (Wholesale Customers). From time to time, the WSA is amended, most recently in 2019. This report describes proposed amendments to establish a process for the expedited and permanent transfer of Minimum Purchase Quantities, to which four wholesale customers are currently subject. This report also addresses a specific request to transfer Minimum Purchase Quantities from the City of Mountain View to the City of East Palo Alto.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - WSA Amendment
Attachment III Resolution - EPA/Mountain View Transfer CITY OF HAYWARD Printed on 3/18/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-154
CITY OF HAYWARD Printed on 3/18/2022Page 2 of 2
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute the Amended and Restated Water Supply Agreement with the City and County of San Francisco and Wholesale Customers and Approving a Minimum Purchase Transfer from the City of Mountain View to the City of East Palo Alto

RECOMMENDATION

That the Council adopts resolutions approving the proposed amendments to the 2009 Water Supply Agreement with the City and County of San Francisco, and authorizes the City Manager to execute the amended and restated WSA:

1. Allowing for the transfer of Minimum Annual Purchase Requirements among Wholesale Customers in conjunction with the transfer of their Individual Supply Guarantees (Attachment II); and

2. Approving a Minimum Purchase transfer from the City of Mountain View to the City of East Palo Alto (Attachment III).

SUMMARY

Hayward receives its water supply from the San Francisco Public Utility Commission (SFPUC) under the terms of a 1962 individual water sales agreement, as well as the 2009 Water Supply Agreement (WSA) between San Francisco and the wholesale water customers (Wholesale Customers). From time to time, the WSA is amended, most recently in 2019. This report describes proposed amendments to establish a process for the expedited and permanent transfer of Minimum Purchase Quantities, to which four wholesale customers are currently subject. This report also addresses a specific request to transfer Minimum Purchase Quantities from the City of Mountain View to the City of East Palo Alto.

BACKGROUND

The City of Hayward purchases all of its potable water supply from the SFPUC’s Regional Water System (RWS), governed by two agreements: 1) the 1962 Water Sales Agreement

between the City of Hayward and the San Francisco Water Department; and 2) the WSA between San Francisco and all wholesale customers, including Hayward, and subsequent amendments to the WSA. The 1962 agreement primarily addresses the quantity of water to be delivered to Hayward and is the document that assures Hayward of receiving sufficient quantities to meet its demand as long as water supplies are available.

The WSA focuses on issues of common interest to all Wholesale Customers, such as the calculation of wholesale rates and allocation of system costs. Under the WSA terms, the SFPUC agrees to deliver water to the Wholesale Customers up to the amount of 184 million gallons per day (mgd), known as the Supply Assurance. Wholesale Customers, with the exception of Hayward, have an allocation of this supply, referred to as the Individual Supply Guarantees (ISG). Given the terms of Hayward’s 1962 Agreement with San Francisco, the City does not have an ISG. The WSA also includes the rules and requirements for water purchases and transfers of ISGs between the Wholesale Customers.

Hayward is a member of BAWSCA, which represents the interests of the twenty-six entities that purchase water from the SFPUC and administers the WSA on behalf of the member agencies. In 2006, Hayward delegated authority to BAWSCA to negotiate the WSA, which was approved by Council in 2009. The WSA has since been amended twice, in 2013 and 2019, to address substantive issues that arose during implementation of the WSA.

Under the terms of the WSA, four wholesale customers may purchase water from sources other than the SFPUC, but they are each obligated to purchase a specific minimum quantity from the RWS. This requirement was developed to discourage agencies from pursuing the purchase of less expensive sources of water, in lieu of SFPUC supplies, and thereby transferring a greater cost burden to the SFPUC and other wholesale customers. It helps maintain wholesale rate stability (i.e., fewer rate fluctuations from year to year) for all customers and reduces financial risk to the RWS. The four Wholesale Customer agencies are Alameda County Water District, and the Cities of Milpitas, Mountain View, and Sunnyvale (Minimum Purchase Agencies). If a Minimum Purchase Agency does not meet its minimum purchase requirement in a fiscal year, it must pay the SFPUC the difference between its water purchases and its Minimum Purchase Requirement. The total Minimum Purchase Requirement is 30.8 mgd among the four agencies.

The WSA does not currently allow a Minimum Purchase Agency to transfer a portion of its Minimum Purchase Requirement and the associated financial obligation to other Wholesale Customers. This limitation has been considered an obstacle for affected agencies to pursue water supply transfer opportunities because any transfer of a Minimum Purchase Quantity would require each Wholesale Customer’s governing body to adopt a new amendment to the WSA. In September 2017, BAWSCA and the Wholesale Customers initiated discussions to create a process by which Minimum Purchase Quantities could be transferred from one agency to another as part of an ISG transfer. As a result of these discussions, a proposed WSA amendment has been developed to provide a procedure for expedited and permanent transfers of Minimum Purchase Quantity requirements.

As discussions regarding the WSA amendment were taking place, the Cities of Mountain View and East Palo Alto developed a proposal to convert the 1 mgd of Mountain View’s ISG previously sold to East Palo in 2017 into a transfer of up to 1 mgd of Mountain View’s Minimum Purchase Quantity to East Palo in 0.25 mgd increments. Because the 2017 transfer predates the proposed Minimum Purchase Amendment, the proposed interagency transfer must be approved separately by Council.

DISCUSSION

Proposed Minimum Purchase Amendment
Discussions among the Wholesale Customers, in which Hayward staff actively participated, resulted in a proposed WSA amendment that meets the objectives of facilitating water transfers to more effectively use available water supplies while minimizing financial risk to non-participating agencies. The proposed WSA amendment allows for the paired transfer of ISGs and Minimum Purchase Quantities using a specific process that protects non- participating agencies from increased wholesale rates as a result of any transfers. Key parameters of the proposed amendment are:

 Transfers of Minimum Purchase Quantities are limited to 6 mgd in total and up to 50% of the transferring agency’s original Minimum Purchase requirement. The total Minimum Purchase Quantity remains unchanged at 30.8 mgd.

 Transferring agency must transfer at least an equivalent amount of its ISG in connection with a Minimum Purchase Quantity transfer.

 The receiving Wholesale Agency, or transferee, is subject to a three-year Temporary Modified Minimum Purchase Quantity (TMMPQ) based on the average of its most recent five-year non-drought year purchases from the SFPUC. The agency must pay for its actual annual deliveries, no less than the transferred TMMPQ.

 The receiving Wholesale Agency is subject to the TMMPQ until actual water demand is developed and water deliveries meet or exceed this quantity for three consecutive years. This allows time for agencies to grow into and demonstrate their ability to sustain the Minimum Purchase Requirements.

 The receiving Wholesale Agency will secure a new Permanent Minimum Purchase Requirement equal to the transferred Minimum Purchase after purchasing the TMMPQ for three consecutive years.

The proposed amendment:

 Removes an administrative barrier to water transfers among Wholesale Customers.

 Facilitates water transfers among Wholesale Customers, which have been identified as one potentially effective measure to address long-term regional water supply reliability.

 Builds procedural safeguards into the process to ensure that the transfers will not result in new or different risks to the water supply and financial interests of non- participating Wholesale Customers.

San Francisco, acting by and through the SFPUC, approved the 2021 Amended and Restated WSA on January 26, 2021, pending approval by the requisite number of the Wholesale Customers, including Hayward.

Proposed Mountain View/East Palo Alto Minimum Purchase Transfer Amendment

As a separate but related matter, staff is recommending that Council also provide approval for the transfer of up to 1.0 mgd of Mountain View’s Minimum Purchase to the City of East Palo Alto under terms that mimic the process described above for future transfers of Minimum Purchase Requirements. As a brief overview, in 2017, Mountain View transferred

1.0 mgd of its ISG to East Palo Alto; however, at that time, there was no mechanism in the WSA to transfer any portion of Mountain View’s 8.9 mgd Minimum Purchase Requirement.

During discussions regarding the proposed WSA Minimum Purchase Amendment described above, the two parties agreed on additional terms that would allow for the transfer of up to 1.0 mgd of Mountain View’s Minimum Purchase Requirement to East Palo, in 0.25 mgd increments.

The following are key terms and conditions:

 Mountain View will transfer up to 1.0 mgd of its Minimum Purchase Quantity to East Palo Alto in increments of 0.25 mgd.

 For each incremental transfer, a TMMPQ will be calculated for East Palo Alto based on its five-year average use for the most recent non-drought years prior to 2017.

East Palo will be responsible for paying imputed sales associated with the TMMPQ.

 Mountain View will be responsible for paying imputed sales for its current Minimum Purchase Requirement until East Palo’s transfer becomes permanent.

 Once East Palo Alto has met the requirements of its TMMPQ for three consecutive years, the incremental portion of the Minimum Purchase Requirement transferred will become East Palo’s permanent requirement and Mountain View’s Minimum Purchase Requirement will be reduced by an equivalent amount.

Staff believes that approval of this WSA amendment has minimal risk to Hayward and benefits the City through increased long-term water supply reliability.

ECONOMIC IMPACT

No direct economic impacts are anticipated associated with the adoption of the attached resolutions. The Minimum Purchase Amendment provides a procedure for streamlined and

permanent transfers of Minimum Annual Purchase Quantity requirements, while safeguarding the financial and water supply interests of the SFPUC’s Wholesale Customers not participating in such transfers. The agreement between the Cities of Mountain View and East Palo Alto likewise provides for the permanent transfer of Minimum Purchase requirements, in connection with an ISG transfer in 2017, without financial risk to SFPUC and other Wholesale Customers.

FISCAL IMPACT

The Minimum Purchase Amendment is not anticipated to present any new or different financial risks to Hayward.

STRATEGIC ROADMAP

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

SUSTAINABILITY FEATURES

Intra-system water transfers allow for greater use of existing regional water supply and are mechanisms that can promote long-term regional water reliability among the SFPUC’s Wholesale Customers.

PUBLIC CONTACT

There is no additional public contact that is needed or planned for these actions.

NEXT STEPS

If the Council approves the 2021 Amended and Restated WSA, staff will forward for the adopted resolutions to BAWSCA, and they will prepare and forward the 2021 Amended and Restated WSA to the City Manager for signature.

Prepared by: Cheryl Muñoz, Water Resources Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AMENDED AND RESTATED WATER SUPPLY AGREEMENT WITH THE CITY

AND COUNTY OF SAN FRANCISCO AND WHOLESALE CUSTOMERS

WHEREAS, water supply agencies in Alameda, San Mateo, and Santa Clara Counties , including Hayward, have purchased water from the City and County of San Francisco (San Francisco) for many years; and

WHEREAS, the San Francisco Public Utilities Commission (SFPUC) operates the Regional Water System, which delivers water to communities in Alameda, San Mateo, and Santa Clara Counties, as well as to customers within San Francisco (collectively, “the Parties”); and

WHEREAS, the Parties entered into the “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County” in 1984 (1984 Settlement Agreement and Master Water Sales Contract); and

WHEREAS, in April 2003, water supply agencies in Alameda, San Mateo and Santa Clara Counties (collect ively referred to as the "Wholesale Customers") established the Bay Area Water Supply and Conservation Agency (BAWSCA), as authorized by Water Code Section 81300 et seq.; and

WHEREAS, upon expiration of the 1984 Settlement Agreement and Master Water Sales Contract, the Parties entered into the “Water Supply Agreement between San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County” (Water Supply Agreement or WSA) on July 1, 2009, authorized by SFPUC Resolution No. 09- 0069, dated April 28, 2009; and

WHEREAS, on February 5, 2019, this Council, by Resolution No. 19-025 approved the Amended and Restated Water Supply Agreement to address a number of substantive issues; and

WHEREAS, under Article 3 of the Amended and Restated Water Supply Agreement, the SFPUC agrees to deliver water to the Wholesale Customers up to the amount of 184 million gallons per day ( mgd), referred to as the “Supply Assurance,” and the Wholesale Customers have allocated shares of the Supply Assu rance among themselves, referred to as Individual Supply Guarantees (“ISG”); and

ATTACHMENT II

WHEREAS, Section 3.04 of the Amended and Restated Water Supply Agreement enables a Wholesale Customer that has an ISG to transfer a portion of its ISG to one or more other Wholesale Customers, subject to several conditions; and

WHEREAS, under Section 3.07 of the Amended and Restated Water Supply Agreement, four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collect ively, the “Minimum Purchase Customers”) may purchase water from sources other than the SFPUC, but they are each obligated to purchase a specific minimum annual quantity of water from the SFPUC, referred to as a “Minimum Purchase requirement”; and

WHEREAS, if a Minimum Purchase Customer does not meet its Minimum Purchase requirement in a particular fiscal year, it must pay the SFPUC for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity set forth in Attachment E of the Amended and Restated Water Supply Agreement; and

WHEREAS, the Amended and Restated Water Supply Agreement does not currently allow a Minimum Purchase Customer to transfer a portion of its Minimum Purchase requirement and the associated financial obligation to another Wholesale Customer; and

WHEREAS, BAWSCA and the Water Management Representatives of the BAWSCA member agencies have developed a proposed amendment to the Amended and Restated Water Supply Agreement to allow for expe dited and permanent transfer of Minimum Purchase Quantities in conjunction with an ISG transfer pursuant to Section 3.04, which ensures that such transfers will not result in new or different risks to the water supply and financial interests of Wholesale Customers not participating in a transfer; and

WHEREAS, BAWSCA and SFPUC have identified intra -system water transfers as one potential solution to long term water reliability needs among the Wholesale Customers; and

WHEREAS, allowing simplified permanent intra-system transfers of portions of Minimum Purchase Quantity and ISG will facilitate the development of new water supplies by SFPUC that are necessary to improve long-term supply reliability; and

WHEREAS, the Parties agree that the total aggregate amount of Minimum Purchase Quantity that may be transferred by all the Wholesale Customers subject to Minimum Purchase requirements as first specified in Attachment E of the Amended and Restated Water Supply Agreement, over the course of one or multiple transfers, is limited to 6 mgd; and

ATTACHMENT II

WHEREAS, if demand for Minimum Purchase Quantity transfers exceeds 6 mgd in the future, the Parties agree to consider further amending Section 3.04 of the Amended and Restated Water Supply Agreement to increase the total aggregate cap on the amount of Minimum Purchase Quantity that may be transferred; and

WHEREAS, a proposed transfer that does not meet the requirements of Section 3.04 of the Amended and Restated Water Supply Agreement, as amended by this Resolution, may be presented as an amendment to the Amended and Restated Water Supply Agreement pursuant to Section 2.03 of the Amended and Restated Water Supply Agreement; and

WHEREAS, an updated Amended and Restated Wa ter Supply Agreement, reflecting this amendment, in the form negotiated by BAWSCA (2021 Amended and Restated Water Supply Agreement), was presented to, and approved by SFPUC on January 26, 2021, pursuant to SFPUC Resolution No. 21-0009; and

WHEREAS, the a mendment considered now is not a "project" for the purposes of CEQA as it involves an administrative activity that does not result in a direct change to the environment (see 14 CCR Section 15378(b)(5)), and would not result in a direct or reasonably forese eable indirect physical change in the environment (see 14 CCR Section 15060(c)(2)).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the modifications included in the "2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County" dated January 26, 2021 (2021 Amended and Restated Water Supply Agreement) , a copy of which is on file in the Office of the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is authorized and directed to sign the 2021 Amended and Restated Water Supply Agreement, in the form previously approved by the San Francisco Public Utilities Commission.

ATTACHMENT II

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 III

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION APPROVING A MINIMUM PURCHASE TRANSFER FROM

THE CITY OF MOUNTAIN VIEW TO THE CITY OF EAST PALO ALTO

WHEREAS, the City and County of San Francisco ("San Francisco") Public Utilities Commission ("SFPUC") operates the Regional Water System, which delivers water to water supply agencies in Alameda, San Mateo, and Santa Clara Counties (collectively, “the Parties”); and

WHEREAS, in April 2003, water supply agencies in Alameda, San Mateo and Santa Clara Counties (collectively, the “Wholesale Customers”) established the Bay Area Water Supply and Conservation Agency (BAWSCA), as authorized by Water Code Section 81300 et seq.; and

WHEREAS, in November of 2018, San Francisco and the Wholesale Customers (the "Parties") entered into the Amended and Restated Water Supply Agreement ("WSA"); and

WHEREAS, the Parties have identified intra -system water transfers as one potential solution to long-term water reliability needs among the Wholesale Customers; and

WHEREAS, in 2017, Mountain View and East Palo Alto executed a water rights transfer agreement in which East Palo Alto agreed to pay Mountain View $5 million for the permanent t ransfer of all rights, title, interest to 1.0 mgd of Mountain View’s Individual Supply Guarantee (ISG) to East Palo Alto; and

WHEREAS, in 2017, the City of Mountain View ("Mountain View") and the City of East Palo Alto ("East Palo Alto") were interested i n transferring 1.0 million gallons per day ("mgd") of Mountain View's Minimum Annual Purchase Quantity (“Minimum Purchase”) to East Palo Alto, however, at the time, there was no procedure in the WSA to effectuate such a transfer without amending the WSA; and

WHEREAS, on January 26, 2021, the SFPUC adopted the 2021 Amended and Restated Water Supply Agreement ("2021 WSA"), which includes a new procedure by which Wholesale Customers with ISGs may participate in permanent expedited transfers of a portion of Minimum Purchase and ISG, without creating new or different risks to the water supply and financial interests of Wholesale Customers not participating in such transfers; and

ATTACHMENT III

WHEREAS, the 2021 WSA has been or will be presented to the governing body of each Wholesale Customer, and if approved, will permit Wholesale Customers with an ISG to transfer and accept a portion of another Wholesale Customer’s Minimum Purchase, if certain requirements are satisfied; and

WHEREAS, on April 20, 2021, East Palo Alto and Mountain View approved on April 20, 2021 and June 8, 2021 respectively the conversion of the 1.0 mgd of Mountain View's ISG sold to East Palo Alto in 2017 into a transfer of up to 1.0 mgd of Mountain View's Minimum Purchase to East Palo Alto, in increments of 0.25 mgd or other amount, subject to the City Council’s approval of an agreement for each incremental transfer and the approval of the Wholesale Customers and San Francisco; and

WHEREAS, East Palo Alto and Mountain View are authorized and prepared to execute a negotiated agreement memorializing the terms and conditions of a 0.25 mgd transfer of Mountain View's Minimum Purchase to East Palo Alto; and

WHEREAS, as noted below, one of the conditions of the negotiated agreement between Mountain View and East Palo Alto is that, in exchange for the 0.25 mgd of Minimum Purchase transfer, Mountain View will provide East Palo Alto with an immediate Right -of- First Refusal for drought water tra nsfers at the same volume as the Minimum Purchase transfer, pursuant to Appendix H of the 2021 WSA; and

WHEREAS, in conjunction with consideration of the 2021 WSA, East Palo Alto and Mountain View propose the Wholesale Customers and San Francisco approve, in advance, the terms and conditions for converting up to 1.0 mgd of Mountain View's ISG purchased by East Palo Alto in 2017 into a transfer of 1.0 mgd of Mountain View's Minimum Purchase to East Palo Alto, in 0.25 mgd increments, if Mountain View and Eas t Palo Alto mutually agree to such incremental transfers in the future and provided the conditions outlined below are met; and

WHEREAS, if up to 1.0 mgd of Mountain View's ISG purchased by East Palo Alto in 2017 is converted into a transfer of up to 1.0 mgd of Mountain View's Minimum Purchase to East Palo Alto, up to 1.0 mgd of Minimum Purchase, in 0.25 mgd increments, will be counted towards the total Minimum Purchase that may be transferred pursuant to Section 3.04.C.1 of the 2021 WSA; and

WHEREAS, this parallel action continues to require the calculation of a Temporary Modified Minimum Annual Purchase Quantity, set out in Attachment E -1 in the 2021 WSA; however, the transferor, Mountain View, is responsible for the imputed sales associated with transfers to East Palo Alto up to 1.0 mgd, until the terms and conditions outlined below are satisfied; and

ATTACHMENT III

WHEREAS, in accordance with the water transfer provisions of the 2021 WSA, Mountain View and East Palo Alto will coordinate with San Francisco and BAWSCA to document Temporary Modified Minimum Annual Purchase Quantities to be included on Attachment E -1, transferred Minimum Annual Purchase Quantities to be included on Attachment E, when timely, and amendments to each cities' Individual Water Sales Contract with San Francisco.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves, in advance, the conversion of up to 1.0 mgd of Mountain View's ISG, sold to East Palo Alto in 2017 into a transfer of 1.0 mgd of Mountain View's ISG plus up to 1.0 mgd of Mountain View’s Minimum Purchase to East Palo Alto, in 0.25 mgd increments, if all the following terms and conditions are satisfied:

a. Mountain View will transfer up to 1.0 mgd of its Minimum Purchase to East P alo Alto, in increments of 0.25 mgd, subject to the Mountain View City Council's and the East Palo Alto City Council's approval of an agreement for each incremental transfer.

b. For each incremental transfer, a Temporary Modified Minimum Annual Purchase Quantity will be calculated for East Palo Alto that is equal to the City's five -year average water use from the SFPUC for the most recent non-drought years prior to the 2017 ISG purchase, plus the incremental transfer amount(s).

c. For each incremental transfer , Mountain View will maintain, and be responsible for paying any imputed sales for, its Minimum Purchase requirement in effect at that time, as set forth in Attachment E of the WSA, including up to 1.0 mgd ISG transfer to East Palo Alto, until East Palo Al to's water use meets the Temporary Modified Minimum Annual Purchase Quantity for three consecutive years.

d. East Palo Alto will not be required to pay imputed sales associated with the Temporary Modified Minimum Annual Purchase Quantity for any incremental transfer of the 1.0 mgd of Mountain View's Minimum Purchase requirement.

e. For each incremental transfer, once East Palo Alto has met the Temporary Modified Minimum Annual Purchase Quantity for three consecutive years, the incremental portion of Mountain View's Minimum Purchase transferred to East Palo Alto will become East Palo Alto's Minimum Purchase, and Mountain View's Minimum Purchase will be reduced by an equivalent amount. East Palo Alto's new Minimum Purchase will be included in Attachment E and b oth cities' Individual Water Sales Contracts will be updated to reflect this transfer.

ATTACHMENT III

f. With exception of the incremental transfers that are the subject of this resolution and the agreement between East Palo Alto and Mountain View described herein, any additional transfers of Minimum Purchase, either from another Wholesale Customer or from Mo untain View in excess of the 1.0 mgd are subject to Section

3.04 of the 2021 WSA.

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 22-155
DATE: March 22, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions 1) Awarding a Contract to Sposeto Engineering, Inc., for the Safe Routes for Seniors Project, Project No. 05309, in the Amount of $2,366,608, and Authorizing a Contingency Budget of $233,000 for Administrative Change Orders; 2) Appropriating Measure BB Paratransit Funds, in the Amount of $250,000, to Project No. 05309; and, 3) Transferring Funds, in the Amount of $400,000, from the Main Street Complete Streets Project, Project No. 05283, to SR4S Project No. 05309

RECOMMENDATION
That Council adopts the attached resolutions (Attachment II, III, and IV):

1. Approving Addendums No. 1 and 2 consisting of revisions to the plans and specifications for the Safe Routes for Seniors (SR4S) project, and awarding the contract for the project to Sposeto Engineering, Inc., (Sposeto) in the amount of $2,366,608 and authorizing a contingency budget of $233,000 for administrative change orders;

2. Appropriating previously authorized Measure BB Paratransit funding, in an amount of $250,000, to the SR4S, Project No. 05309; and

3. Transferring $400,000 from Main Street Complete Streets Project, Project No. 05283, to the SR4S Project, Project No. 05309.

SUMMARY
The Safe Routes for Seniors (SR4S) Project implements pedestrian improvements designed to improve accessibility for senior residents and individuals with disabilities. Given the concentration of facilities serving senior residents in and around the Downtown, this project focuses primarily on the Downtown area of Hayward. The proposed improvements will increase walkability by improving safety and increasing accessibility for all. The Project includes four intersections located in Downtown Hayward.

On February 15, 2022, five (5) bids were received for the project, all of which were below the Engineer’s estimate. The low bid was $2,366,608, which is $382,552, or approximately 14%, below the Engineer’s estimate. Staff recommends that Council award the contract to the lowest bidder, Sposeto, in the amount not-to-exceed $2,366,608, and authorize a contingency budget of $233,000, for administrative change orders.

CITY OF HAYWARD Printed on 3/18/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-155
The project budget is $2,740,608 coming from Measure BB infrastructure improvements funds and is included in the FY 2019-2022 Capital Improvement Program (CIP).

Council Infrastructure Committee Review
An update for this item was last presented to the Council Infrastructure Committee (CIC) on April 28, 2021 and received positive feedback and recommendation to present to Council for consideration.

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

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - Award
Attachment III Resolution - Appropriating Funds
Attachment IV Resolution - Transferring Funds
CITY OF HAYWARD Printed on 3/18/2022Page 2 of 2
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt Resolutions 1) Awarding a Contract to Sposeto Engineering, Inc., for the Safe Routes for Seniors Project, Project No. 05309, in the Amount of $2,366,608, and Authorizing a Contingency Budget of $233,000 for Administrative Change Orders; 2) Appropriating Measure BB Paratransit Funds, in the Amount of $250,000, to Project No. 05309; and, 3) Transferring Funds, in the Amount of $400,000, from the Main Street Complete Streets Project, Project No. 05283, to SR4S Project No. 05309

RECOMMENDATION

That Council adopts the attached resolutions (Attachment II, III, and IV):

1. Approving Addendums No. 1 and 2 consisting of revisions to the plans and specifications for the Safe Routes for Seniors (SR4S) project, and awarding the contract for the project to Sposeto Engineering, Inc., (Sposeto) in the amount of $2,366,608 and authorizing a contingency budget of $233,000 for administrative change orders;

2. Appropriating previously authorized Measure BB Paratransit funding, in an amount of $250,000, to the SR4S, Project No. 05309; and

3. Transferring $400,000 from Main Street Complete Streets Project, Project No. 05283, to the SR4S Project, Project No. 05309.

SUMMARY

The Safe Routes for Seniors (SR4S) Project implements pedestrian improvements designed to improve accessibility for senior residents and individuals with disabilities. Given the concentration of facilities serving senior residents in and around the Downtown, this project focuses primarily on the Downtown area of Hayward. The proposed improvements will increase walkability by improving safety and increasing accessibility for all. The Project includes four intersections located in Downtown Hayward.

On February 15, 2022, five (5) bids were received for the project, all of which were below the Engineer’s estimate. The low bid was $2,366,608, which is $382,552, or approximately 14%, below the Engineer’s estimate. Staff recommends that Council award the contract to the lowest bidder, Sposeto, in the amount not-to-exceed $2,366,608, and authorize a contingency budget of $233,000, for administrative change orders.

The project budget is $2,740,608 coming from Measure BB infrastructure improvements funds and is included in the FY 2019-2022 Capital Improvement Program (CIP).

Council Infrastructure Committee Review
An update for this item was last presented to the Council Infrastructure Committee (CIC) on April 28, 20211 and received positive feedback and recommendation to present to Council for consideration.

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

BACKGROUND

After receiving approval from the Alameda County Transportation Commission (ACTC), the City’s Community Services Division and Public Works & Utilities Department worked together to utilize $2,740,608 of ACTC’s Direct Local Distribution (DLD) funds from Measure BB for the SR4S project. After considering feedback from the community meetings and analyzing collision data, staff prioritized the intersections located in the study area and narrowed down the scope to five signalized and one unsignalized intersections. The selected six intersections are shown below:

1. Hazel Ave./City Center Dr. and Foothill Blvd.

2. A St. and Montgomery Ave.

3. B St. and Montgomery Ave. (Unsignalized)

4. Watkins Ave. and D St.

5. A St and Main St.

6. C St and Main St.

To increase efficiency and prevent disturbing the area twice, both A Street/Main Street, and C Street/Main Street intersection improvements will be included in the design and construction of the Main Street Complete Streets Project.

Below is a list of major milestones for the SR4S project:

 May 29, 20192: Staff presented the SR4S project to the CIC.

 July 2 and 27, 2019: With the help of local senior housing facilities and senior centers, Staff engaged in two outreach meetings. The meetings included a presentation, two design activities, and a survey. Staff introduced the project and possible pedestrian safety improvements. Senior residents engaged via passive mapping activities in which they selected which intersections are difficult to cross.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4923165&GUID=906AD478-B718-4988-9657-461997B2F1D9&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=3957521&GUID=DE0BC635-A9CB-49C9-9251-39C46E502CED&Options=&Search=

 June 26, 2020: A Request for Proposals (RFP) was issued to solicit Engineering Design Consultants. W-Trans, Inc., was selected to perform the engineering design.

 July 22, 20203: Staff presented project updates to the CIC.

 March 8, 2021: Following the development of conceptual design improvements, the team conducted public outreach to receive community feedback regarding proposed improvements for each intersection. An online community meeting was held to expand outreach beyond the meeting.

 April 28, 20214: Staff presented the Phase I engineering design and proposed improvements to the CIC. Phase I focused on the existing conditions, evaluation, community outreach, and culminate in the selection of preferred concept plans.

 November 15, 2021: Phase II, including the engineering design plans, specifications, and estimates was completed.

 January 17, 20225: Plans and Specifications were approved.

 January 20, 2022: Project was advertised and called for construction bids.

 February 15, 2022: Bids were received and opened, and the apparent low bidder was introduced.

DISCUSSION

From the Project inception through the end phases of design, the process for making improvements to the selected intersections included collaboration with community members through three outreach meetings. After each community meeting, staff provided updates to the CIC and received comments and direction. The proposed improvements include the following features for each intersection:

Foothill Boulevard/Hazel Avenue-City Center Drive intersection:
 Remove northbound and southbound right-turn lanes.
 Allow enough room for future bike lanes on Foothill Blvd.  Extend curbs on all four corners facing Foothill Boulevard.  Extend curb towards Hazel Avenue on the northeast corner.  Widen medians on Foothill Blvd for pedestrian refuge including seating and ped push buttons.
 Install directional Americans with Disabilities Act (ADA) ramps with high visibility yellow or similar color on all four corners.

3 https://hayward.legistar.com/LegislationDetail.aspx?ID=4595746&GUID=9F8EF13D-EC8D-4F25-8F1E-17BB86078DB5&Options=&Search= 4 https://hayward.legistar.com/LegislationDetail.aspx?ID=4923165&GUID=906AD478-B718-4988-9657-461997B2F1D9&Options=&Search= 5 https://hayward.legistar.com/LegislationDetail.aspx?ID=5382580&GUID=15E9CEE7-48E8-4D11-832D-54CC341FC16E&Options=&Search=

 Setback advance stop bar further in advance of crosswalks.  Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
 Signal poles to be moved to accommodate bi-directional ramps.  Relocate pedestrian push buttons to new poles closer to ADA ramps.  Install pedestrian push buttons in Foothill Boulevard median refuge islands.  Install larger pedestrian signal heads.
 Include a lead pedestrian phase for all pedestrian calls (4 seconds included).  Maintain protected left-turn phasing on all four signal approaches.  Increase pedestrian crossing time to serve a slower pedestrian speed.  Install ‘No Right Turn on Red’ extinguishable message signs on all four approaches which would activate during ped calls.
 Restripe continental crosswalks with high visibility thermoplastic including consideration of themed design to call attention to crosswalks.

Montgomery Avenue/A Street Intersection
 Remove westbound right turn lane.
 Extend curbs on the North-East corner facing south, but still allow for future bike lanes, east of Montgomery Avenue.
 Install directional ADA ramps with high visibility yellow or similar color on all four corners
 Install advance stop bar in advance of crosswalks.
 Redesign north leg crosswalk so that it is perpendicular to roadway.  Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
 Proposed protected left-turn phasing with four new signal pole mastarms plus four new Type 1 poles.
 Relocate ped push buttons poles closer to ADA ramps.
 Install larger pedestrian signal heads for North-South pedestrian movements.  Include a lead pedestrian phase for all pedestrian calls (4 seconds included).  Convert all phases to include protected left-turn phasing.  Increase pedestrian crossing time to serve a slower pedestrian speed.  Install ‘No Right Turn on Red’ extinguishable message signs on all four approaches which would activate during ped calls.
 Restripe continental crosswalks with high visibility thermoplastic.  Enhanced pedestrian warning signs.

Montgomery Avenue/B Street Intersection
 Extend bike lanes on D Street from the west to the intersection with Montgomery Avenue.
 Allow enough room for future bike lanes on B Street to the east.  Redesign south leg with raised crosswalk.
 Install directional ADA ramps with high visibility yellow or similar color on all four corners.
 Install advance stop bar in advance of crosswalks.
 Redesign east and west leg crosswalks so that they are perpendicular to roadway.  Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
 Restripe continental crosswalks with high visibility thermoplastic.  Enhanced pedestrian warning signs.

Watkins Avenue/D Street
 Eliminate southern eastbound through lane between Watkins Street to Francisco Street and extend curb to narrow D Street.
 Reconstruct driveway curb cuts and sidewalks on South-East corner to be more ADA compatible.
 Install directional ADA ramps with high visibility yellow or similar color on all four corners.
 Install advance stop bar in advance of crosswalks.
 Redesign south leg crosswalk so that it is perpendicular to roadway.  Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
 Proposed protected left-turn phasing (North-South) with two new signal pole mastarms. Five other poles to be relocated to accommodate bi-directional ramps.

 Relocate ped push buttons poles closer to ADA ramps.
 Install larger pedestrian signal heads for pedestrian movements.  Increase intensity lighting to ensure full coverage of pedestrian crosswalks and corners.
 Include a lead pedestrian phase for all pedestrian calls (4 seconds included).  Convert N-S phases to include protected left-turn phasing.  Install ‘No Right Turn on Red’ extinguishable message signs on all four approaches which would activate during ped calls.
 Restripe continental crosswalks with high visibility thermoplastic.  Enhanced pedestrian warning signs.

On February 4, 2022, Staff published Addendum No. 1 which included revisions to the technical specifications and responses to questions from the contractors.

On February 10, 2022, Staff published Addendum No. 2 which included minor revisions to the bid sheets and provided additional design information for the contractor through responses to their questions.

On February 15, 2022, the City received five (5) bids for the project, ranging from $2,366,608 to $2,737,471. Sposeto Engineering, Inc., of Livermore, submitted the lowest bid in the amount of $2,366,608, which is 13.9% lower than the Engineer’s Estimate of $,2,749,160. Ray’s Electric, of Oakland, submitted the second lowest bid in the amount of $2,507,365, which is 8.7% lower than the Engineer’s Estimate. All bid documents and licenses for the apparent low bidder, Sposeto, are in order. Staff recommends award of the contract to Sposeto in the amount of $2,366,608, and approval of a contingency budget of $233,000 for administrative change orders in the event additional funds are required for unforeseen conditions and changes during construction.

On November 15, 2016[1], Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay

[1] https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search=

union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for the Project is more than $1,000,000, the CWA agreement applies to this project.

ECONOMIC IMPACT

The SR4S project fosters economic activities by making walking in the Downtown safer and more pleasant, and increasing accessibility for all. It can result in a reduction of single lane occupancy vehicles, reduced congestion, and reduce costs related to automobile-related infrastructure maintenance and contributes to the overall efficiency of the transportation system.

FISCAL IMPACT

The estimated costs for the Safe Routes for Seniors Project are as follows:

Construction Contract $2,366,608
Administrative Construction Contingency $233,000
Design Administration – City Staff $10,000
Construction Administration – City Staff (Estimated) $131,000

Total

$2,740,608

Appropriation of Additional Funds
The SR4S project will not have a direct fiscal impact on the General Fund. The SR4S project solely utilizes the City’s Measure BB Paratransit special revenue fund derived from Measure BB sales tax revenues administered by ACTC. The FY 2019-2021 Annual Paratransit Program Plan allocated $2.7 million of Measure BB infrastructure improvements funds toward SR4S project. As part of the FY 2022 Measure B/BB Annual Paratransit Program Plan6, Council approved an additional allocation, up to $1,000,000, to continue and expand the SR4S project. The adopted FY 2022 CIP budget includes $750,000 for the Project in Fund 219. Staff is requesting that Council appropriate the remaining $250,000 in Fund 214, and authorize a transfer to Fund 219 to support the construction of Project (Attachment II). There is sufficient fund balance to support this recommendation.

Furthermore, staff is requesting to transfer $400,000 from the Main Street Complete Streets Project, which is currently delayed due to community feedback, to SR4S to fully fund the project in FY 2022. This also ensures that funds will be utilized in a timely manner.

Staff is proposing to allocate $400,000 of the FY 2023 SR4S project budget towards the Main Street Complete Streets project, which will be more aligned with the project timeline.

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 1: Improve Access and Mobility in Downtown Hayward

6 https://hayward.legistar.com/LegislationDetail.aspx?ID=4900847&GUID=BAE704F2-77BC-4917-BC87-B4EC2D0075F5&Options=&Search=

Project 8, Part 8e: Implement the Bike & Ped Master Plan; Assess SR4S in the downtown area
Project 8, Part 8f: Implement the Bike & Ped Master Plan; Implement SR4S in the downtown area

SUSTAINABILITY FEATURES

The plan will be a comprehensive effort to improve connectivity, public health, physical activity, and recreational opportunities. By applying best practices, the project will increase transportation options, reduce environmental impacts of the transportation system, and enhance the overall quality of life for residents. The goal of the project is to make walking in Downtown Hayward safe, pleasant, and accessible for all while prioritizing senior community residents. The resulting reduction in single occupancy vehicles will reduce vehicle miles traveled and greenhouse gases.

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 intersections. 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 each intersection. Residents will be advised to take alternative routes to avoid any possible traffic due to construction activities during the construction period.

SCHEDULE
Award of Construction Contract March 22, 2022
Notice to Proceed April 2022
Construction Completion November 2022

NEXT STEPS

If Council approves, the City Manager will execute the awarded construction contract with Sposeto Engineering, Inc., for the bid amount of $2,366,608, appropriate Measure BB Funds, and initiate a transfer of funds from the Main Street Complete Streets Project.

Prepared by: Saeed Saebi, Associate Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION APPROVING AWARD OF CONTRACT FOR THE SAFE
ROUTES FOR SENIORS PROJECT, PROJECT NO. 05309 TO SPOSETO ENGINEERING, INC.

WHEREAS, by resolution on January 18, 2022, the City Council approved the plans and specifications for the Safe Routes for Seniors Project, Project No. 05309, and called for bids to be received on February 15, 2022; and

WHEREAS, on February 15, 2022, five (5) bids were received, ranging from $2,366,608 to $2,737,471; Sposeto Engineering, Inc., (Sposeto) of Livermore, California submitted the low bid in the amount of $2,366,608, which is 13.9% below the engineer’s estimate of $2,749,160; and

WHEREAS, on February 4, 2022, Addendum No. 1 was provided to revise specifications; and

WHEREAS, on February 4, 2022, Addendum No. 2 was provided to revise the provide additional design information; and

WHEREAS, the Administrative Change Order (ACO) or contingency budget of $233,000 was not disclosed; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Sposeto Engineering , Inc., is hereby awarded the contract for the Safe Routes for Seniors Project, Project No. 0309, in the amount of $2,366,608 , in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward at and for the price named and stated in the bid of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED, that an Administrative Change Order (ACO) or contingency budget of $233,000 is hereby approved.

BE IT FURTHER RESOLVED that the City Manager is hereby authori zed and directed to execute the contract with Sposeto, in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 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 III

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION TO APPROPRIATE ADDITIONAL AUTHORIZED MEASURE BB PARATRANSIT FUNDS, IN AN AMOUNT OF $250,000, FOR THE SAFE ROUTES FOR SENIORS (SR4S) PROJECT, PROJECT NO. 05309, WITHIN MEASURE BB PARATRANSIT OPERATING FUND (FUND 214) AND AUTHORIZE THE TRANSFER OF FUNDS FROM FUND 214 TO MEASURE BB PARATRANSIT CIP FUND (FUND 219)

WHEREAS, by Resolution RES 21-046 on April 6, 2021, the City Council approved the FY 2022 Measure BB Annual Paratransit Program Plan, authorizing up to $1 million of Measure BB Paratransit funding to the SR4S Project (Project) in FY 2022, but only $750,000 was appropriated; and

WHEREAS, additional funding is required to support the construction of the Project in the Downtown area; and

WHEREAS, there is sufficient fund balance in Fund 214 (Measure BB Paratransit Operating) to support the allocation of an additional $250,000 toward the Project; and

WHEREAS, a transfer from Fund 214 (Measure BB Paratransit Operating Fund) to Fund 219 (Measure BB Paratransit CIP Fund) is required to allocate the said funds to the Project.

NOW BE IT RESOLVED that the City Council authorizes the transfer of funds and appropriation of funds, in the amount of $250,000, from Measure BB Paratransit Operating Fund (Fund 214) to Measure BB Paratransit CIP Fund (Fund 219) to be allocated to the Safe Routes for Seniors Project, Project No. 05309.

ATTACHMENT III

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 IV

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION TO TRANSFER FUNDS, IN THE AMOUNT OF $400,000, FROM MAIN STREET COMPLETE STREET PROJECT, PROJECT NO. 05283, TO THE SAFE ROUTES FOR SENIORS (SR4S) PROJECT, PROJECT NO. 05309

WHEREAS, on March 16, 2021 by Resolution RES 21-037, the City Council previously authorized an appropriation of $1 million toward to the Main Street Complete Street Project, Project No. 05283; and

WHEREAS, based on community feedback, the Main Street Complete Street Project is currently on hold; and

WHEREAS, the SR4S Project, Project No. 05309 is awarding a construction contract to begin in April 2022; and

WHEREAS, the timely use of funds is a funding requirement; and

WHEREAS, both projects are in the Measure BB Paratransit CIP Fund (Fund 219); and

WHEREAS, there are sufficient funds in Main Street Complete Project to support this transfer; and

WHEREAS, staff recommends transferring $400,000 from the Main Street Complete Street Project to the SR4S Project to fund the budget shortfall in FY 2022; and

WHEREAS, staff will include an allocation of $400,000 of the FY 2023 SR4S Project allocation of Measure BB Paratransit Funds towards replenishing the Main Street Complete Streets Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes a transfer and allocation, in the amount of $400,000, from the Main Street Complete Streets Project, Project No. 05283 to the SR4S Project, Project No. 05309 in FY 2022.

ATTACHMENT IV

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 22-158
DATE: March 22, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions 1) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with SurfaceDesign, Inc., by $122,975 for a Total Not-to-Exceed Amount of $637,975 for Additional Design and Consultant Services; and, 2) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with Langan Engineering and Environmental Services by $200,026 for a Total Not-to-Exceed Amount of $493,426 for Additional Design and Consultant Services for the La Vista Park Project, Project No. 06914

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the Professional Services Agreement (PSA) with SurfaceDesign, Inc., (SDI) increasing the agreement for the design and consulting services for the La Vista Park Project by $122,975 for a total not-to-exceed amount of $637,975; and adopts a resolution (Attachment III) authorizing the City Manager to execute an amendment to the PSA with Langan Engineering and Environmental Services (Langan) increasing the agreement for the design and consulting services for the La Vista Park Project by $200,026, for a total not -to-exceed amount of $493,426.

SUMMARY
On March 26, 2019, Council approved a PSA with SDI for the final design services and construction support for the La Vista Park Project in an amount not-to-exceed $515,000. The design phase for this project is conducted in two phases. Phase 1 involved preparation of 30% final design of the project. The 30% design was used to define the project scope and to revise the CEQA review and addendum for the addition of a 20-acre Caltrans Route 238 parcel to the project. The CEQA review and addendum was completed and presented to Council on September 28, 2021. Council authorized staff to proceed with Phase 2 design work, which involves finalizing the design and preparing construction documents.

An existing wetland area and man-made well was identified on the 20-acre Caltrans Route 238 parcel.

The existing well was sealed to determine if the wetland was being fed by a man-made source. Wetland areas fed by man-made wells are not protected wetlands. The man-made well was found to have contributed to the creation of most of the wetland area. A small remaining area was determined to be a CITY OF HAYWARD Printed on 3/18/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-158
natural wetland area. The design of the park was revised to avoid any disturbance to this existing wetland area. A revision to the landslide stability plan was then required to avoid any repairs that would directly impact the small existing wetland area.

The contract amendment requested for the SDI agreement is for additional costs for design verification, grading revisions, exhibit preparation, topographic surveying, meetings, and coordination of the CEQA review and findings. In addition, slope stabilization construction documents will be prepared to expedite the construction of the proposed slope stabilization keyway. This approach allows work to begin while the overall park construction documents are being finalized. Staff requests approval of the attached resolution to amend the SDI PSA is in an amount of $122,975 for a total contract not-to-exceed amount of $637,975.

On March 26, 2019, Council approved a PSA with Langan for the geotechnical investigation and report for the La Vista Park Project in an amount not-to-exceed $220,000. On May 19, 2020, Council approved an amendment to the Langan PSA to increase the agreement to an amount not-to-exceed $293,400.

This contract amendment is for additional work to revise the slope stability analysis, review revised grading plans and slope stability keyway plans, meetings, coordination, and construction monitoring for the slope stability keyway construction. Staff requests approval of the attached resolution to amend the Langan PSA in an amount of $200,026 for a total contract not-to-exceed amount of $493,426.

Council Infrastructure Committee Review
An oral update was provided to the Council Infrastructure Committee (CIC) on April 28, 2021 and received positive feedback.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution - SDI Amendment
Attachment IV Resolution - Langan Amendment
CITY OF HAYWARD Printed on 3/18/2022Page 2 of 2
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt Resolutions 1) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with SurfaceDesign, Inc., by $122,975 for a Total Not-to-Exceed Amount of $637,975 for Additional Design and Consultant Services; and, 2) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with Langan Engineering and Environmental Services by $200,026 for a Total Not-to-Exceed Amount of $493,426 for Additional Design and Consultant Services for the La Vista Park Project, Project No. 06914

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the Professional Services Agreement (PSA) with SurfaceDesign, Inc., (SDI) increasing the agreement for the design and consulting services for the La Vista Park Project by $122,975 for a total not-to-exceed amount of $637,975; and adopts a resolution (Attachment III) authorizing the City Manager to execute an amendment to the PSA with Langan Engineering and Environmental Services (Langan) increasing the agreement for the design and consulting services for the La Vista Park Project by $200,026, for a total not-to- exceed amount of $493,426.

SUMMARY

On March 26, 2019, Council approved a PSA with SDI for the final design services and construction support for the La Vista Park Project in an amount not-to-exceed $515,000. The design phase for this project is conducted in two phases. Phase 1 involved preparation of 30% final design of the project. The 30% design was used to define the project scope and to revise the CEQA review and addendum for the addition of a 20-acre Caltrans Route 238 parcel to the project. The CEQA review and addendum was completed and presented to Council on September 28, 20211. Council authorized staff to proceed with Phase 2 design work, which involves finalizing the design and preparing construction documents.

An existing wetland area and man-made well was identified on the 20-acre Caltrans Route 238 parcel. The existing well was sealed to determine if the wetland was being fed by a man-

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5149130&GUID=D8228E92-C3A1-4D7C-B138- B71367B5DEB1&Options=&Search=

made source. Wetland areas fed by man-made wells are not protected wetlands. The man- made well was found to have contributed to the creation of most of the wetland area. A small remaining area was determined to be a natural wetland area. The design of the park was revised to avoid any disturbance to this existing wetland area. A revision to the landslide stability plan was then required to avoid any repairs that would directly impact the small existing wetland area.

The contract amendment requested for the SDI agreement is for additional costs for design verification, grading revisions, exhibit preparation, topographic surveying, meetings, and coordination of the CEQA review and findings. In addition, slope stabilization construction documents will be prepared to expedite the construction of the proposed slope stabilization keyway. This approach allows work to begin while the overall park construction documents are being finalized. Staff requests approval of the attached resolution to amend the SDI PSA is in an amount of $122,975 for a total contract not-to-exceed amount of $637,975.

On March 26, 20192, Council approved a PSA with Langan for the geotechnical investigation and report for the La Vista Park Project in an amount not-to-exceed $220,000. On May 19, 20203, Council approved an amendment to the Langan PSA to increase the agreement to an amount not-to-exceed $293,400. This contract amendment is for additional work to revise the slope stability analysis, review revised grading plans and slope stability keyway plans, meetings, coordination, and construction monitoring for the slope stability keyway construction. Staff requests approval of the attached resolution to amend the Langan PSA in an amount of $200,026 for a total contract not-to-exceed amount of $493,426.

Council Infrastructure Committee Review
An oral update was provided to the Council Infrastructure Committee (CIC) on April 28, 2021 and received positive feedback.

BACKGROUND

In 2005, the La Vista residential development that included 179 new single-family homes to be built at the South Hayward site east of (and up the hill from) the terminus of Tennyson Road and Mission Boulevard was approved. The original project included construction of a new approximately thirty-acre public park. The development’s goal was to provide new housing within City and also served as remediation for a former rock quarry site.

Home construction at the La Vista development has been completed. The original thirty- acre park site on land donated from the developer was expanded to almost fifty acres in size by the addition twenty acres of the former Caltrans route 238 property right-of-way acquired by the City.

An existing wetland area and man-made well was identified on the 20-acre Caltrans Route 238 parcel. The existing well was sealed to determine if the wetland was being fed by a man-

2 https://hayward.legistar.com/LegislationDetail.aspx?ID=3897638&GUID=AD716AFF-467D-4E35-8C07- 0F39495BAE26&Options=&Search=
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=4539054&GUID=DE6EFDEE-53D2-4FB2-87D4- 64E33A15986F&Options=&Search=

made source. Wetland areas fed by man-made wells are not protected wetlands. The man- made well was found to have contributed to the creation of most of the wetland area. A small remaining area was determined to be a natural wetland area. The design of the park was revised to avoid any disturbance to this existing wetland area. A revision to the landslide stability plan was then required to avoid any repairs that would directly impact the small existing wetland area.

On March 26, 20194, Council approved agreements with both SDI and Langan for the design and preparation of construction documents and a geotechnical investigation and report for the La Vista Park Project in an amount not-to-exceed $515,000 for SDI and $220,000 for Langan. The 30% progress construction plans were completed in May 2020 and the geotechnical report by Langan was completed in June 2020. The CEQA addendum draft study was completed in December 2020 which identified the existing wetland on the 20- acre Caltrans Route 238 parcel.

DISCUSSION

The contract amendment requested for the SDI agreement is for additional costs for design verification, grading revisions, exhibit preparation, topographic surveying, meetings, and coordination following the CEQA review and findings. In addition, slope stabilization construction documents will be prepared to expedite the construction of the proposed slope stabilization keyway. This approach allows work to begin while the overall park construction documents are being finalized. Staff requests approval of the attached resolution to amend the SDI PSA is in an amount of $122,975 for a total contract not-to- exceed amount of $637,975.

On March 26, 20195, Council approved a PSA with Langan for the geotechnical investigation and report for the La Vista Park Project in an amount not-to-exceed $220,000. On May 19, 20206, Council approved an amendment to the Langan PSA to increase the agreement to an amount not-to-exceed $293,400. This new contract amendment is for additional work to revise the slope stability analysis, review revised grading plans and slope stability keyway plans, meetings, coordination, and construction monitoring for the slope stability keyway construction. Staff requests approval of the attached resolution to amend the Langan PSA in an amount of $200,026 for a total contract not-to-exceed amount of $493,426.

ECONOMIC IMPACT

The development of a destination park will attract visitors that will contribute to the vitality of the City and South Hayward area. The park will provide an amenity to the area and have a positive impact on the community’s economic development.

FISCAL IMPACT

4 https://hayward.legistar.com/LegislationDetail.aspx?ID=3897638&GUID=AD716AFF-467D-4E35-8C07- 0F39495BAE26&Options=&Search=
5 https://hayward.legistar.com/LegislationDetail.aspx?ID=3897638&GUID=AD716AFF-467D-4E35-8C07- 0F39495BAE26&Options=&Search=
6 https://hayward.legistar.com/LegislationDetail.aspx?ID=4539054&GUID=DE6EFDEE-53D2-4FB2-87D4- 64E33A15986F&Options=&Search=

The original La Vista Park design conducted by SDI was estimated at $23.3 million to construct. The updated project design cost estimate is $25.8 million based on the current 65%

progress set. Staff is working with the design consultant and HARD to align the project design and programming with the available budget of $23.3 million.

Park in-lieu fees from the La Vista Development will contribute approximately $2.14 million towards construction of the park. Council also approved the use of $1.5 million in funds held for development of the South Hayward Youth and Family Center towards the park effort.

These fees will be paid back via future park in-lieu fees. The City has set aside $4.23 million from the collection of park in-lieu fees.

The Hayward Area Recreation and Park District’s (HARD) Board of Directors approved a funding plan totaling $15.4 million for the project that included the following:

1) $2 million Measure F1 bond money
2) $6.7 million in additional Measure F1 bond money
3) $6.7 million of loaned Measure F1 bond money

Current Funding Plan for La Vista Park

Project Cost Estimate ($23,254,000)
(will be kept within available funding)

Current Project Funding Sources:

Park In-Lieu fees from La Vista Development $2,140,000 South Hayward Community Center Contribution $1,500,000

HARD Contributions:

HARD Park In-Lieu Fees set aside at City $4,230,000 HARD Measure F1 Bond fund allocations $15,384,000

Current Project Funding Surplus/(Deficit) $0

This request has no impact on the General Fund. There are no other funding sources for La Vista Park except for those already mentioned in this report (developer fees, park in-lieu fees, and Measure F1 bond money).

The adopted FY22 CIP budget includes a total project budget of $23.3 million for this effort in the Capital Projects (Governmental) Fund (Fund 405). Staff is working with the design consultant and HARD to align the project design and programming with the available budget of $23.3 million.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Support Quality of Life. Specifically, this

item relates to the implementation of the following project(s):

Project 12, Part 12a: Design La Vista Park

SUSTAINABILITY FEATURES

The La Vista Park will be designed to be the most environmentally sustainable park within the City. As part of the design, park areas will require less irrigation and native grasses and plants will be used throughout the park. Park structures will be constructed from natural materials versus traditional, more costly fabricated structures.

PUBLIC CONTACT

Listed below are previous public meetings or public outreach efforts performed by the City, HARD, and SDI related to the La Vista Park project:

 On Friday, October 20, 2017, City staff and the team from SDI met with representatives from Fairway Park to present and receive feedback regarding the current La Vista Park plans.

 On Thursday, October 26, 2017, a public outreach meeting was conducted at Matt Jimenez Community Center, soliciting input from the Hayward community at large, regarding the most current La Vista Park design. Staff, HARD staff, and the SDI team conducted a public presentation and received input from participants regarding draft Park plans.

 On Monday, October 30, 2017, Council hosted a joint work session with the HARD Board of Directors where City staff, HARD staff, and the SDI team presented the design for La Vista Park.

NEXT STEPS

If Council approves, the City Manager will execute the amendment to the PSA for SDI and Langan to continue the design and construction document preparation.

Prepared by: Alex Tat, Associate Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
SURFACEDESIGN, INC. FOR THE LA VISTA PARK PROJECT, PROJECT NO. 06914

WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 30th day of April, 2019, entitled “Agreement for Professional Services between the City of Hayward and SurfaceDesign, Inc.”; and

WHEREAS, the City and the Consultant desire to amend the Agreement in certain respects to provide additional services for landscape architecture and civil engineering services for the La Vista Park Project, Project No. 06914

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute, on behalf of the City of Hayward, an amendment to the agreement with SurfaceDesign, Inc. , for additional services in an amount of $122,975, for a total not -to-exceed amount of $637,975, associated with the La Vista Park Project, Project No. 06914, in a form approved by the City Attorney.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA , 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ATTEST: __________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

City Attorney of the City of Hayward

ATTACHMENT III

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

LANGAN ENGINEERIG AND ENVIRONMENTAL SERVICES FOR THE LA VISTA PARK PROJECT, PROJECT NO. 06914

WHEREAS, the aforesaid parties amended the Agreement dated the 24th day of April, 2019, entitled “Agreement for Professional Services between the City of Hayward and Langan Engineering and Environmental Services” on May 19, 2020 in the amount of $73,400 for a total not-to-exceed amount of $293,400; and

WHEREAS, the City and the Consultant desire to amend the Agreement in certain respects to provide additional services for geotechnical engineering services for the La Vista Park Project, Project No. 06914.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute, on behalf of the City of Hayward, an amendment to the agreement with Langan Engineering and Environmental Services for additional services in an amount of $200,026, for a total not-to- exceed amount of $493,426, associated with the La Vista Park Project, in a form approved by the City Attorney.

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 22-170
DATE: March 22, 2022
TO: Mayor and City Council
FROM: CIO/Director of Information Technology

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with LookingPoint for Cisco Unified Computing System (UCS) and VMWare Refresh in an Amount Not-to- Exceed $300,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with LookingPoint for Cisco UCS Server and VMWare refresh in an amount not-to-exceed $300,000.

SUMMARY
Cisco UCS is a data center server computer product composed of computing hardware, virtualization support and management software. UCS is the hardware that runs VMWare. VMWare is the backbone for City applications. It governs availability, resource allocation, and runs Microsoft servers. It allows for easy access of troubleshooting application performance issues and in the event of recovery, virtualization greatly reduces the restoration time as compared to building new physical servers. This is beneficial for the City and its residents because it enables applications to maximize their uptime to perform daily transactions with City Departments. Without regular updates of the UCS hardware and VMWare, the City’s applications run the risk of poor performance and possible unavailability.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 3/18/2022Page 1 of 1
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: CIO/Director of Information Technology

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with LookingPoint for Cisco Unified Computing System (UCS) and VMWare Refresh in an Amount Not-to-Exceed $300,000

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with LookingPoint for Cisco UCS Server and VMWare refresh in an amount not-to-exceed $300,000.

SUMMARY

Cisco UCS is a data center server computer product composed of computing hardware, virtualization support and management software. UCS is the hardware that runs VMWare.

VMWare is the backbone for City applications. It governs availability, resource allocation, and runs Microsoft servers. It allows for easy access of troubleshooting application performance issues and in the event of recovery, virtualization greatly reduces the restoration time as compared to building new physical servers. This is beneficial for the City and its residents because it enables applications to maximize their uptime to perform daily transactions with City Departments. Without regular updates of the UCS hardware and VMWare, the City’s applications run the risk of poor performance and possible unavailability.

BACKGROUND

The City received three quotes from qualified vendors for hardware and professional services to design and install a new UCS solution for the City. The chosen provider, LookingPoint, is a local business and their solution offers a high level of support and on-site monitoring; two highly desirable features sought after by the City. The City has worked with LookingPoint in the past and has found their work to be dependable and reasonably priced.

DISCUSSION

All on-premises City Hall virtual servers reside on Cisco UCS hosts, which have been in production for ten years. The UCS hosts are a critical piece of the City’s virtual infrastructure

and host enterprise application servers responsible for the daily operation of the City. The UCS hosts are approaching end-of-life, which requires a hardware refresh to stay current.

As part of the procurement effort, IT reached out to Cisco for a list of their certified partners.

Certified partners are previously vetted by Cisco and receive discounts on Cisco hardware.

Based on this, IT reached out to several of the certified partners and received written proposals for the work. Thereafter, IT made a vendor selection based on the cheapest cost.

IT selected LookingPoint based on the following evaluation criteria: cost; availability of vendor level-one support; and availability of on-site monitoring. Level-one support ensures fast response time for technical issues and is important because issues with UCS typically impact all on-site applications and must be addressed immediately. On-site monitoring consists of tools that reside inside the network and will immediately notify IT of any hardware issues such that they can be addressed immediately to minimize potential downtime.

The chosen provider, LookingPoint, is a local business and the design offered by their engineers was clear, simple, and met IT’s needs for project implementation. LookingPoint also supplied several references for comparable governmental organizations as well as private companies. The review team found their solution to be cost-competitive.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Improve Organizational Health.

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

Project 17, Part 17b: Upgrade City network connections and speeds

Staff is bringing forth this new item because of the need to provide cost-effective, secure, fast, and reliable communications within and connecting to the City of Hayward applications.

FISCAL IMPACT

Staff requests Council authorize the City Manager to negotiate and execute an agreement with LookingPoint not-to-exceed $300,000. The cost of the contract will be allocated via a transfer from the current IT Operating Funds Budget (Fund 730) and will be funded using the fund balance currently within the fund. Five-year maintenance and warranty are included in the cost of the contract.

NEXT STEPS

If Council authorizes the City Manager to negotiate and execute this agreement, then staff will schedule the project. Project kickoff would commence in April 2022 and take approximately two months to complete.

Prepared by: Carolyn Saputo, IT Manager Infrastructure

Recommended by: Adam Kostrzak, CIO/Director of Information Technology

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE

AND EXECUTE AN AGREEMENT WITH LOOKINGPOINT FOR CISCO

UCS AND VMWARE REFRESH IN AN AMOUNT NOT TO EXCEED
$300,000

WHEREAS, all on-premises City Hall virtual servers reside on Cisco UCS hosts which have been in production for 10 years; and

WHEREAS, the UCS hosts are a critical piece of the City virtual infrastructure and host enterprise application servers responsible for the daily operation of the City; and

WHEREAS, the UCS hosts are approaching end -of-life which requires a hardware refresh to stay current; and

WHEREAS, the City of Hayward (“City”) received a list of pre -vetted vendors from Cisco and solicited competitive quotes for this project;

WHEREAS, following review of the quotes, the City selected LookingPoint for this project; and

WHEREAS, LookingPoint is a local business and their SD-WAN solution offers level one support and on -site monitoring which are two highly desirable features requested by the City; and

WHEREAS, LookingPoint was selected by the City for implementation of the UCS solution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes and directs the City Manager to negotiate and execute an Agreement with LookingPoint for Cisco UCS and VMWare Refresh in an amount not to exceed $300,000, in a form approved by the City Attorney.

ATTACHMENT II

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 22-172
DATE: March 22, 2022
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Reestablish a Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program & Lateral Hiring Bonus Program and Reestablish a Hiring Incentive Referral Program (HIRP) for City Employees

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to reestablish a Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program & Lateral Hiring Bonus Program in the amount of $10,000 per Qualified Candidate Hired Under the TEAG Program and $20,000 per Qualified Candidate Hired Under the Lateral Hiring Bonus Program and Reestablish a Hiring Incentive Referral Program (HIRP) which will provide a $2,000 incentive to current City of Hayward employees who refer qualified employees for full-time permanent positions within the Police Department.

SUMMARY
The Hayward Police Department has experienced a significantly diminished pool of well-qualified police officer applicants due to the competitive market and other factors. To attract more qualified applicants, and as a reflection of industry standards around recruiting of police officers nationally, staff recommends the permanent reestablishment of the Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program in the amount of $10,000, Lateral Hiring Bonus Program in the amount of $20,000, and Hiring Referral Incentive Program (HIRP) in the amount of $2,000. The bonus awards for the TEAG and Lateral Hiring Bonus Programs would be distributed over a three- to four-year period in a phased approach.

ATTACHMENTS
Attachment I Staff Report
Attachment II TEAG Bonus Program Resolution
Attachment III Lateral Bonus Program Resolution
Attachment IV HIRP Resolution
CITY OF HAYWARD Printed on 3/18/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-172
Attachment V TEAG Bonus Program Agreement
Attachment VI Lateral Bonus Program Agreement
Attachment VII HIRP Referral Application
CITY OF HAYWARD Printed on 3/18/2022Page 2 of 2
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Reestablish a Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program & Lateral Hiring Bonus Program and Reestablish a Hiring Incentive Referral Program (HIRP) for City Employees

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to reestablish a Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program & Lateral Hiring Bonus Program in the amount of $10,000 per Qualified Candidate Hired Under the TEAG Program and $20,000 per Qualified Candidate Hired Under the Lateral Hiring Bonus Program and Reestablish a Hiring Incentive Referral Program (HIRP) which will provide a $2,000 incentive to current City of Hayward employees who refer qualified employees for full-time permanent positions within the Police Department

SUMMARY

The Hayward Police Department has experienced a significantly diminished pool of well-qualified police officer applicants due to the competitive market and other factors. To attract more qualified applicants, and as a reflection of industry standards around recruiting of police officers nationally, staff recommends the permanent reestablishment of the Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program in the amount of $10,000, Lateral Hiring Bonus Program in the amount of $20,000, and Hiring Referral Incentive Program (HIRP) in the amount of $2,000. The bonus awards for the TEAG and Lateral Hiring Bonus Programs would be distributed over a three- to four-year period in a phased approach.

BACKGROUND

The Hayward Police Department, like many other municipalities across the United States, has experienced a diminished pool of qualified police officer applicants. In 2019, the Council approved the establishment of a hiring bonus program that met industry standards in police recruiting. The original resolution
1 authorizing the creation of this program
provided for a set number of bonuses to be awarded during a one-year period.

1 May 4, 2019 Meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3945369&GUID=3EE1F943- 25BB-44D2-8729- 46516B26A803&Options=ID|Text|&Search=bonus

In 2020, the program was temporarily halted to evaluate the program’s effectiveness.

HPD’s evaluation found that there was a gain in applications received and qualified employees hired during the program’s operation. 26 qualified candidates were hired, in part, due to the established bonus program. It is more imperative than ever that HPD reestablishes a hiring bonus program to regain recruiting competitiveness given the challenges cause by the COVID pandemic and issues facing the recruiting of police officers nationally.

Hiring bonuses are now industry standard and are commonly used by departments to engage and attract the best talent. Our research has shown that utilizing two types of hiring bonus programs can aid in attracting talent to our agency. One program provides incentives for entry-level officers via a Trainee/Entry Level/Academy Graduate (TEAG) hiring bonus and the other program provides incentives for experienced candidates already working as police officers in the Lateral Officer Hiring Bonus Program.

DISCUSSION

TEAG PROGRAM: Across the United States, very few agencies utilize a signing bonus program for TEAG candidates. Table 1 below shows some of the regional jurisdictions where signing bonus are provided to Entry Level/Academy Graduates. Reestablishing a TEAG Program will increase the City of Hayward’s competitive regional advantage.

TABLE 1: JURISDICTIONS OFFERING SIGNING BONUSES FOR ENTRY LEVEL/ACADEMY GRADUATES

JURISDICTION EXAMPLE OF SIGNING BONUSES OFFERED
BART Police Department
SF Bay Area
• $15,000 Signing Bonus

Palo Alto Police
Department
• $10,000 – Academy Graduates
• Paid over phases
Alameda County Sheriff’s
Office
• $12,000 – Academy Graduate
• $10,000 – Deputy Sheriff Recruit

To attract more qualified TEAG applicants, staff recommends that the City adopt a Police Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program. Based on surveying local agencies within California and the Western United States, staff recommends $10,000 hiring bonus incentive. This amount is competitive and provides for a substantial recruitment advantage as compared to agencies recruiting in the region. The employee hired would make a three-year commitment or repay the City on a prorated basis. It is further recommended that the TEAG signing bonus be distributed over four (4) phases as illustrated in Table 2 below.

TABLE 2: ELIGIBILITY AND BONUS DISTRIBUTION FOR TEAG CANDIDATES

PHASE QUALIFICATION BONUS
AMOUNT
1 – 25% Successful Completion of the testing process and acceptance of a final offer of employment to be paid on first pay period $2,500 2 – 25% Successful Completion of Officer Field Training Program $2,500 3 – 25% Successful Completion of the Officer Probationary Period $2,500 4 – 25% Two years after the completion of Probationary Period $2,500 TOTAL BONUS (Distributed Over a Four-Year Period): $10,000

Table 3 below describes the internal monitoring of the signing bonus implementation.

TABLE 3: INTERNAL MONITORING PROCEDURE FOR SIGNING BONUS IMPLEMENTATION LEAD

DEPARTMENT PROCEDURE
Police Department:

Personnel & Training Unit
Division
o Determine TEAG Police Officer Applicant’s eligibility to participate in the program and notify applicant.
o Classify that applicant has successfully completed the TEAG Police Officer testing process and has accepted a Final Offer of Employment.
o Notify Payroll of applicant’s eligibility of each level of distribution of TEAG Officer Bonus Program.

Finance Department:

Payroll
o Process TEAG Officer Bonus distributions as taxable income.

LATERAL OFFICER HIRING BONUS PROGRAM: The Hayward Police Department, like many other municipalities across the United States, has experienced a diminished pool of well- qualified “Lateral” police officer applicants. Lateral hiring programs have intensified over the past year and industry standards in police recruiting have seen many law enforcement agencies incorporating robust monetary Lateral Bonus Programs to help attract more qualified Lateral Police Officer candidates. An effectively managed Lateral Bonus Program, coupled with other Lateral Officer hiring incentives, will expand our agency’s pool of qualified Lateral Police Officer applicants.

Across the United States, there are several agencies that have initiated Lateral Officer Bonus Programs. Most aggressively, we find these programs in the Western Region of the United States. Law enforcement agencies in the San Francisco Bay Area are using this recruitment technique to counter economic factors such as housing costs, general cost of living, and the cost of commuting. Table 4 below shows some of the jurisdictions where signing bonus are provided to Lateral Transfers.

TABLE 4: JURISDICTIONS OFFERING SIGNING BONUSES FOR LATERAL POLICE OFFICERS

JURISDICTION EXAMPLE OF SIGNING BONUSES OFFERED
Salinas Police Department
Salinas, CA
• $20,000 Signing Bonus
Alameda Police Department
Alameda, CA
• $30,000 Signing Bonus
Palo Alto Police Department
Palo Alto, CA
• $25,000 Signing Bonus
Antioch Police Department
Antioch, CA
• $10,000 Signing Bonus

Modesto Police Department
Modesto, CA
• $15,000 Signing Bonus
El Segundo Police
Department
El Segundo, CA
• $25,000 Signing Bonus
San Francisco Police
Department
San Francisco, CA
• $5,000 Signing Bonus
Alameda County Sheriff • $15,000 Signing Bonus

To attract more qualified Lateral Police Officer applicants, it is recommended that the Hayward Police Department implement a Lateral Police Officer Hiring Bonus Program.

Based on the results of the survey of local agencies within California and the Western United States, the amount of the bonus is recommended to be $20,000. This amount is competitive and provides for a recruitment advantage as compared to agencies recruiting in the region. It is further recommended that the Lateral Bonus be provided over four (4) phases as illustrated in Table 5 below.

TABLE 5: ELIGIBILITY AND BONUS DISTRIBUTION FOR LATERAL POLICE OFFICER CANDIDATES

PHASE QUALIFICATION BONUS
AMOUNT
1 – 25% Successful Completion of the testing process and acceptance of a final offer of employment to be paid on first pay period $5,000 2 – 25% Successful Completion of Lateral Officer Field Training Program $5,000 3 – 25% Successful Completion of the Lateral Officer Probationary Period $5,000 4 – 25% Two years after the completion of Probationary Period $5,000 TOTAL BONUS (Distributed Over a Three to Four-Year Period): $20,000

Table 6 below describes the internal monitoring of the signing bonus implementation.

TABLE 6: INTERNAL MONITORING PROCEDURE FOR SIGNING BONUS IMPLEMENTATION LEAD

DEPARTMENT PROCEDURE
Police Department:

Personnel & Training Unit
Division
o Determine Lateral Police Officer Applicant’s eligibility to participate in the program and notify applicant.
o Classify that applicant has successfully completed the Lateral Police Officer testing process and has accepted a Final Offer of Employment.
o Notify Payroll of applicant’s eligibility of each level of distribution of Lateral Officer Bonus Program.

Finance Department:

Payroll
o Process Lateral Officer Bonus distributions as taxable income.

HIRP PROGRAM: A recruitment strategy that utilizes its current employees to provide word- of-mouth recruiting can be an effective tool to engage and recruit new employees. This engagement can often provide some of the best candidates to fill vacancies within the Police department. To help encourage this word-of-mouth recruiting, staff recommends reestablishing a Hiring Incentive Referral Program (HIRP).

The HIRP pays a total of $2,000 to current City employees who refer non-City employees to the City of Hayward Police Department for employment into a full-time, permanently budgeted position (see payment and award options in Table 6 below). The new employee must have no prior work history with the City and written notification of the referral must be provided to the HPD’s Personnel and Training Unit.

ELIGIBILITY GUIDELINES:

a. The Referrer must be a current employee of the City of Hayward. b. The new employee must be hired into a vacant full-time, permanently budgeted position.
c. The new employee must have no prior work history with the City of Hayward.
d. The new employee must pass probation to obtain full benefits of the HIRP. e. Written notification from the referring employee must be provided to HPD’s Personnel and Training Unit prior to any formal offer of employment.

INELIGIBILITY GUIDELINES:

a. A referring employee cannot be at the Executive level or above. b. City employees assigned to the Human Resources Department are not eligible for this program.
c. Department employees assigned to HPD’s Personnel and Training Unit are not eligible for this program.
d. Department employees assigned to HPD’s Recruitment Team are ineligible for referrals made during any Department sponsored recruiting event.

TABLE 5: EXTERNAL AND INTERNAL MONITORING PROCEDURE FOR SIGNING BONUS IMPLEMENTATION

EMPLOYEE/LEAD

DEPARTMENT PROCEDURE
Employee o Refers potential candidates to apply for open positions with the City of Hayward Police Department.

Police Department:

Personnel & Training
Unit Division
o The process of confirmation of eligibility for employees seeking HIRP awards is TBD.

Finance Department:

Payroll
o Process HIRP incentive award payment as taxable income.

Payment/Award options for the HIRP are illustrated in Table 6:

TABLE 6: PAYMENT AND AWARD OPTIONS

OPTION PROCEDURE
Cash/Monetary Award
o Referring Employee receives a $2,000 total cash incentive phased as follows:
 Referring employee receives $1,000 of award after
formal offer of employment has been given to new
employee.
 Referring employee receives the remaining $1,000 of
the award upon completion of probationary period by
new employee.

FISCAL IMPACT

The Trainee/Entry Level/Academy Graduate (TEAG) Bonus Program will cost up to $10,000 per hire, which will be paid over 4 years following the hire date. Based on hiring trends from 2018 and 2019, the Police Department anticipates hiring a minimum of 10 officers eligible for TEAG bonuses per year. The estimated cost anticipated for the TEAG Bonus Program if a minimum of ten officers are hired in a single year is up to $100,000 (cost spread over four years). The program will be funded through salary savings from vacant positions; therefore, no additional General Fund impact is anticipated.

The Lateral Bonus Program will cost up to $20,000 per hire and will be paid over three to four years after the employee’s hiring date according to the bonus distribution discussed above. Based on hiring trends from 2018 and 2019, the Police Department anticipates hiring a minimum of nine (9) lateral officers per year. The annual cost for the Lateral Bonus Program if a minimum of nine officers are hired in a single year is up to $180,000, with payments spread over three to four years. The program will be funded through salary savings from vacant positions; therefore, no additional General Fund impact is anticipated.

The Hiring Incentive Referral Program (HIRP) will cost up to $2,000 per referral leading to a hire and will be paid over one to two years according to the payment schedule discussed above. Based on the hiring trends of the department from 2018 to 2019, the Police

Department anticipates hiring a minimum of 9 employees per year because of this program, representing 47% of total hiring. The annual costs of the HIRP, assuming 9 employees hired, is $18,000. The program will be funded through salary savings from vacant positions but may require additional appropriations depending on the success of the program.

STRATEGIC INITIATIVES

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

NEXT STEPS

If the Council authorizes this action, staff will take the appropriate steps to implement the Trainee/Entry Level/Academy Graduate (TEAG) Hiring Bonus Program, Lateral Hiring Bonus Program, and Hiring Referral Program (HIRP).

Prepared by: Ryan Cantrell, Lieutenant – Program Manager, Recruiting

Recommended by:

Toney Chaplin, Chief of Police

Approved by:
________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-

Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO RE ESTABLISH A

HAYWARD POLICE DEPARTMENT TRAINEE / ENTRY LEVEL / ACADEMY

GRADUATE (TEAG) HIRING BONUS PROGRAM

WHEREAS, the recruitment of well -qualified police officers in today’s workforce has become very competitive; and,

WHEREAS, the City of Hayward has experienced that the pool of well -qualified candidates has deteriorated compared to past generations of recruits; and,

WHEREAS, hiring incentive programs will help the City of Hayward to be competitive in recruiting well-qualified Police Department officers; and,

WHEREAS, the Police Department anticipates hiring a minimum of 10 officers eligible for TEAG program per year; and,

WHEREAS, the TEAG Bonus Program will offer $10,000 per candidate over a four -year four (4) phased approach; and,

WHEREAS, this program will be funded with currently appropriated Police Department budgeted salary and benefit savings that result from vacant positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to reestablish a Police Department Trainee / Entry Level / Academy Graduate (TEAG) Bonus Program in the amount of $10,000 as set forth in the staff report per qualified candidate hired.

ATTACHMENT II

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 III

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-

Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO RE ESTABLISH A

HAYWARD POLICE DEPARTMENT LATERAL OFFICER HIRING BONUS PROGRAM IN THE AMOUNT OF $20,000 PER QUALIFIED CANDIDATE HIRED

WHEREAS, recruitment of well-qualified lateral police officers in today’s workforce has become very competitive; and,

WHEREAS, the City of Hayward has experienced a diminished pool of well -qualified lateral police officer applicants; and,

WHEREAS, hiring incentive programs will help the City of Hayward to be competitive in recruiting well-qualified lateral police officers; and,

WHEREAS, the Police Department anticipates hiring a minimum of nine ( 9) lateral officers eligible for the Lateral Officer Hiring Bonus Program per year; and,

WHEREAS, this program will be funded with currently appropriated Police Department budgeted salary and benefit savings that result from vacant positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to reestablish a Police Department Lateral Officer Bonus Program in the amount of $ 20,000 per qualified candidate hired.

ATTACHMENT III

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 IV

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-

Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO RE ESTABLISH A

HAYWARD POLICE DEPARTMENT HIRING INCENTIVE REFERRAL PROGRAM (HIRP) IN THE AMOUNT OF $2,000 TO QUALIFIED REFERRING EMPLOYEES

WHEREAS, recruitment of well -qualified police officers in today’s workforce has become very competitive; and,

WHEREAS, the City of Hayward has experienced that the pool of well-qualified candidates has deteriorated compared to past generations of recruits; and,

WHEREAS, hiring incentive programs will help the City of Hayward to be competitive in recruiting well-qualified Police Department staff; and,

WHEREAS, the Police Department anticipates hiring a minimum of 15 employees per year; and,

WHEREAS, this program will be funded with currently appropriated Police Department budgeted salary and benefit savings that result from vacant positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to reestablish a Police Department Hiring Inventive Referral Program (HIRP) in the amount of $2,000 to qualified referring employees.

ATTACHMENT IV

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 V

CITY OF HAYWARD

HIRING BONUS AGREEMENT

TRAINEE/ENTRY LEVEL/ACADEMY GRADUATE (TEAG)

This Agreement is made between the CITY OF HAYWARD (“City”) and _____________________________________________________________ (“Employee”).

WHEREAS the Employee begins employment with the City in the Police Department (“Department”) for the first time as a POLICE OFFICER who meets the City requirements as a Trainee/Entry Level/Academy Graduate Officer;

WHEREAS the Department wishes to bestow upon the Employee a hiring bonus (“Hiring Bonus”) as an incentive for the Employee to accept employment at the City and remain satisfactory employed in the Department for at least three (3) full years;

WHEREFORE, City and the Employee agree to the following terms.

1. City, acting through the Department, agrees to bestow upon the Employee the amount of $10,000 as a Hiring Bonus in return for the Employee accepting City’s offer of employment. This amount shall be paid directly to the Employee on the Employee’s paycheck as follows:
a. 25% paid upon successful completion of the testing process and accept a final offer of employment (to be paid on first pay period of employment).; b. 25% paid upon successful completion of Field Training Program; c. 25% paid upon successful completion of Probationary Period; d. 25% paid upon two (2) years after the completion of Probationary Period.

2. City will apply all required federal and state tax deductions and will report all payments made under this Agreement as required by federal and state law. Taxes shall be withheld as bonus earnings from the Hiring Bonus and reported to the Internal Revenue Service as income on the Employee’s W-2. The Hiring Bonus is not considered “salary” and shall not be included for the purposes of retirement benefit calculations or salary increases.

3. Department will adhere to all relevant City and Department policies during the hiring process and in making bonus payments to employees.

4. In return for accepting the Hiring Bonus as provided in paragraphs 1 and 2 above, the Employee agrees to work for the Department, on a regular and full-time basis for at least 3 years beginning on ___________________ and ending on __________________. Should the Employee resign, quit, or be terminated for cause before the above stated ending date the Employee shall repay a prorated amount of the Hiring Bonus as provided in the following paragraphs.

ATTACHMENT V

5. The Employee’s failure to remain employed by the Department for three years, will trigger the Employee’s duty to repay, pro-rata, the amount paid by the Department pursuant to paragraph 1, above. (This amount may be more than the Employee received due to tax or other withholdings.) For example, if the Employee leaves one year prior to the end date, he/she will repay 12/36 of such amount. To facilitate the repayment, the Employee, by signing below, expressly gives City a lien on all his/her salary, wages, and other sums payable to him/her by City. In addition, the Employee hereby authorizes City to withhold all amounts so due from any sum payable to the Employee by the Department and City. The Employee also agrees that any tax consequences borne as a result of the repayment of the Hiring Bonus or any portion thereof will be the sole and exclusive responsibility of the Employee.

6. If the Employee fails to remain employed by the Department for three years for reasons beyond his/her control (e.g. injury, illness or death), other than just cause termination, the Department may in its sole discretion waive all or part of the liability owed by the Employee. Any such waiver must be approved in writing by the Employee’s Department Head, the Director of Human Resources and the City manager.

7. In the event the Employee is unable or unwilling to work, is taken off work, or is placed on leave of absence at any time during the period that this Agreement is effective, any payment owed or due to be owed to Employee shall be delayed the same amount of time as the Employee remains off work. For purposes of this section, any period in excess of 10 consecutive days that the Employee does not work during the time period of the Agreement shall delay the bonus payment periods owed to Employee by this Agreement.

8. In the event the Employee leaves the Department to work at another Department within City during the three-year period noted above, the Department and the Department to which the employee is transferring (“New Department”) shall negotiate in good faith for the re-payment, pro-rata, of the Hiring Bonus by the New Department. Unless the New Department affirmatively agrees to reimburse the Department for the pro-rated portion of the Hiring Bonus, the Employee remains responsible for repaying the Department.

9. If any part of this Agreement is found to be invalid or unenforceable, the other parts shall remain valid and enforceable and Employee agrees, represents, and warrants that he/she will be held to any applicable repayment of Hiring Bonus.

BY SIGNING BELOW, the Employee certifies that he/she has not accepted a financial incentive for accepting employment at City, other than described in this Agreement.

ATTACHMENT V

IN WITNESS THEREOF:

By: _________________________________________ Date: _______________________________ Employee

By: _________________________________________ Date: _______________________________ Chief of Police

By: _________________________________________ Date: _______________________________ City Manager

Attest:

By: _________________________________________ Date: _______________________________ City Clerk

Approved as Form:

By: _________________________________________ Date: _______________________________ City Attorney

ATTACHMENT VI

CITY OF HAYWARD

HIRING BONUS AGREEMENT

LATERAL OFFICER

This Agreement is made between the CITY OF HAYWARD (“City”) and _____________________________________________________________ (“Employee”).

WHEREAS the Employee begins employment with the City in the Police Department (“Department”) for the first time as a POLICE OFFICER who meets the City requirements as a Lateral Officer;

WHEREAS the Department wishes to bestow upon the Employee a hiring bonus (“Hiring Bonus”) as an incentive for the Employee to accept employment at City and remain satisfactory employed in the Department for at least three (3) full years;

WHEREFORE, City and the Employee agree to the following terms.

1. City, acting through the Department, agrees to bestow upon the Employee the amount of $20,000 as a Hiring Bonus in return for the Employee accepting City’s offer of employment. This amount shall be paid directly to the Employee on the Employee’s paycheck as follows:
a. 25% paid upon successful completion of the testing process and accept a final offer of employment (to be paid on first pay period of employment).; b. 25% paid upon successful completion of Field Training Program; c. 25% paid upon successful completion of Probationary Period; d. 25% paid upon two (2) years after the completion of Probationary Period.

2. City will apply all required federal and state tax deductions and will report all payments made under this Agreement as required by federal and state law. Taxes shall be withheld as bonus earnings from the Hiring Bonus and reported to the Internal Revenue Service as income on the Employee’s W-2. The Hiring Bonus is not considered “salary” and shall not be included for the purposes of retirement benefit calculations or salary increases.

3. Department will adhere to all relevant City and Department policies during the hiring process and in making bonus payments to employees.

4. In return for accepting the Hiring Bonus as provided in paragraphs 1 and 2 above, the Employee agrees to work for the Department, on a regular and full-time basis for at least 3 years beginning on ___________________ and ending on __________________. Should the Employee resign, quit, or be terminated for cause before the above stated ending date the Employee shall repay a prorated amount of the Hiring Bonus as provided for in the following paragraphs.

ATTACHMENT VI

5. The Employee’s failure to remain employed by the Department for three years, will trigger the Employee’s duty to repay, pro-rata, the amount paid by the Department pursuant to paragraph 1, above. (This amount may be more than the Employee received due to tax or other withholdings.) For example, if the Employee leaves one year prior to the end date, he/she will repay 12/36 of such amount. To facilitate the repayment, the Employee, by signing below, expressly gives City a lien on all his/her salary, wages, and other sums payable to him/her by City. In addition, the Employee hereby authorizes City to withhold all amounts so due from any sum payable to the Employee by the Department and City. The Employee also agrees that any tax consequences borne as a result of the repayment of the Hiring Bonus or any portion thereof will be the sole and exclusive responsibility of the Employee.

6. If the Employee fails to remain Employed by the Department for three years for reasons beyond his/her control (e.g. injury, illness or death), other than just cause termination, the Department may in its sole discretion waive all or part of the liability owed by the Employee. Any such waiver must be approved in writing by the Employee’s Department Head, the Director of Human Resources and the City manager.

7. In the event the employee is unable or unwilling to work, is taken off work, or is placed on leave of absence at any time during the period that this Agreement is effective, any payment owed or due to be owed to Employee shall be delayed the same amount of time as the Employee remains off work. For purposes of this section, any period in excess of 10 consecutive days that the Employee does not work during the time period of the Agreement shall delay the bonus payment periods owed to Employee by this Agreement.

8. In the event the Employee leaves the Department to work at another Department within City during the three-year period noted above, the Department and the Department to which the employee is transferring (“New Department”) shall negotiate in good faith for the re-payment, pro-rata, of the Hiring Bonus by the New Department. Unless the New Department affirmatively agrees to reimburse the Department for the pro-rated portion of the Hiring Bonus, the Employee remains responsible for repaying the Department.

9. If any part of this Agreement is found to be invalid or unenforceable, the other parts shall remain valid and enforceable and Employee agrees, represents, and warrants that he/she will be held to any applicable repayment of Hiring Bonus.

BY SIGNING BELOW, the Employee certifies that he/she has not accepted a financial incentive for accepting employment at City, other than described in this Agreement.

ATTACHMENT VI

IN WITNESS THEREOF:

By: _________________________________________ Date: _______________________________ Employee

By: _________________________________________ Date: _______________________________ Chief of Police

By: _________________________________________ Date: _______________________________ City Manager

Attest:

By: _________________________________________ Date: _______________________________ City Clerk

Approved as Form:

By: _________________________________________ Date: _______________________________ City Attorney

ATTACHMENT VII

HAYWARD POLICE DEPARTMENT

HIRING INCENTIVE REFERRAL PROGRAM

REFERRAL APPLICATION
Applicant Eligibility

has been determined to be eligible for:
(Name of Applicant)

Lateral Police Officer
Entry-Level/Academy Graduate
Police Officer Trainee
Other: ______________________

Referring Employee

______________________________________ has referred this Candidate. (Name of Employee)

By agreeing to serve as a Referring Employee for the Applicant, this employee is eligible to receive the following incentive (select one):

$2000 $1000 effective after candidate is hired and an additional $1000 after employee completes probationary period.
(40) hours of Compensation Time (20) hours e ffective after candidate has accepted a formal job offer, (20) hours after completion of probation.

Referring Employee Signature: ___________________________________ Date: __________

ATTACHMENT VII

Routing/Approvals

Personnel and Training Lieutenant: _______________________________________ Date: ____________ Special Operations Captain: _____________________________________________ Date: ___________ Chief of Police: ________________________________________________________ Date: ___________

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 22-009
DATE: March 22, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Fireworks Ban Education and Enforcement: Introduction of Two Ordinances Amending Chapter 4 Article 15 of the Hayward Municipal Code Relating to Social Nuisance by Specifically Including Fireworks and Chapter 3 Article 3 of the Hayward Municipal Code Relating to Fireworks by Specifically Identifying Property Owners Accountable for Fireworks

RECOMMENDATION
That the Council provides feedback on staff’s proposed workplan to enhance community education and enforcement related to the fireworks ban and introduces two ordinances:
1) Amending Chapter 4, Article 15 of the Hayward Municipal Code to specifically include fireworks (Attachment II); and
2) Amending Chapter 3, Article 3 of the Hayward Municipal Code to specifically hold property owners accountable for fireworks on private property (Attachment III).

SUMMARY
On July 20, 2021, Council held a work session on firework mitigation options in response to a surge in community calls and complaints about illegal firework activity. Staff is now returning with a proposal for an enhanced outreach and enforcement approach that focuses on holding private property owners accountable where violations occur and issuing citations to private properties. As part of this approach, staff is recommending amendments to two Articles in the Municipal Code. Additionally, staff is also requesting authorization from Council to use $30,000 toward overtime costs for enhanced and targeted enforcement operations. Some of these costs will be recuperated through additional fees associated with enforcement. These costs will be absorbed by departmental budgets or through the use of fund balance.

Finally, staff is presenting an enhanced communication plan to inform community members about the additional enforcement and fees.

ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance Amending Chapter 4 Article 15
CITY OF HAYWARD Printed on 3/18/2022Page 1 of 2
powered by Legistar™
File #:LB 22-009
Attachment III Ordinance Amending Chapter 3 Article 3
CITY OF HAYWARD Printed on 3/18/2022Page 2 of 2
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Fireworks Ban Education and Enforcement: Introduction of Two Ordinances Amending Chapter 4 Article 15 of the Hayward Municipal Code Relating to Social Nuisance by Specifically Including Fireworks and Chapter 3 Article 3 of the Hayward Municipal Code Relating to Fireworks by Specifically Identifying Property Owners Accountable for Fireworks

RECOMMENDATION

That the Council provides feedback on staff’s proposed workplan to enhance community education and enforcement related to the fireworks ban and introduces two ordinances:
1) Amending Chapter 4, Article 15 of the Hayward Municipal Code to specifically include fireworks (Attachment II); and
2) Amending Chapter 3, Article 3 of the Hayward Municipal Code to specifically hold property owners accountable for fireworks on private property (Attachment III).

SUMMARY

On July 20, 2021, Council held a work session on firework mitigation options in response to a surge in community calls and complaints about illegal firework activity. Staff is now returning with a proposal for an enhanced outreach and enforcement approach that focuses on holding private property owners accountable where violations occur and issuing citations to private properties. As part of this approach, staff is recommending amendments to two Articles in the Municipal Code. Additionally, staff is also requesting authorization from Council to use $30,000 toward overtime costs for enhanced and targeted enforcement operations. Some of these costs will be recuperated through additional fees associated with enforcement. These costs will be absorbed by departmental budgets or through the use of fund balance. Finally, staff is presenting an enhanced communication plan to inform community members about the additional enforcement and fees.

BACKGROUND

On July 20, 2021, Council held a work session on firework mitigation options in response to a surge in community calls and complaints about illegal firework activity. That report1 provided background on local enforcement challenges, calls for services, and the state and federal context that shows a sharp increase in the supply and availability of fireworks. The primary existing enforcement challenges are:
 It is difficult for the Hayward Police Department (HPD) staff to issue individual citations when fireworks are being lit in large crowds, due to unsafe conditions for staff.
 Officers must witness a person actually lighting a firework to issue an individual citation, which can be difficult to catch.
 Regionally, the supply and access to illegal fireworks is high, which is impacting cities throughout the Bay Area.

The July 2021 report also summarized the City’s existing community outreach and enforcement activities, which include:
 Increased staffing for HPD and the Fire Department (HFD) during and around the July 4th holiday.
 Targeted operations to catch people who are selling fireworks in Hayward, which can result in seizures. However, these operations are time intensive and limited considering the scale of the supply.
 Community outreach and social media:
o The City’s Community and Media Relations Division coordinates annually with HPD and HFD to conduct online community outreach. Last year, the City generated 37 posts relating to fireworks, earning 26,180 total impressions and 66 comments. The City also created public service announcements on the City’s electronic billboards along major freeways.
o HPD works with Maintenance Services Department (MSD) staff to strategically place electronic street signs throughout the City.
o HPD conducts concentrated outreach efforts in neighborhoods impacted by fireworks based on data from calls for service in previous years. These efforts include in-person meetings and events. Last year, HPD District Command Officers distributed over 1,000 flyers.

The July 2021 report included four areas of opportunities to enhance the City’s existing strategy for addressing and mitigating illegal fireworks. At that work session, Council provided the following feedback:
 Council wanted more clarity on how staff can enforce the fireworks ban and what happens with community complaints and calls.
 Council did not want to use criminal citations as the primary enforcement tool. Instead, Council would rather see noncriminal citations like nuisance citations.  Council suggested additional ways to conduct community outreach.

1 Link to Staff Report: https://hayward.legistar.com/LegislationDetail.aspx?ID=5034294&GUID=A5D1F2EC-6211- 407F-8C0A-54465EE2F559&Options=ID|Text|&Search=fireworks

 A majority of Council members did not support hosting a sanctioned area for safe and sane fireworks or hosting a City-sponsored fireworks display.

DISCUSSION

Staff has created an interdepartmental taskforce for the implementation of this approach, which includes staff from the Police and Fire Departments and Code Enforcement, Streets, and Communications Divisions. Staff will continue to implement the outreach and enforcement activities listed above. In addition, staff is recommending enhancing these activities with the following approach to educate and hold private property owners accountable for firework activity on their property.

Proposed Enhanced Enforcement Approach
Staff recommends enhancing the City’s fireworks enforcement by focusing on private properties where violations occur. As noted above, individual citations are difficult to issue, and Council has concerns about using criminal citations as the primary enforcement tool.

There are fewer barriers for staff to issue citations for property violations, and the process is safer because staff does not need to engage with groups of people who are setting off fireworks.

This approach would have the following steps:

1. An appointed officer of the City witnesses a fireworks violation on a private property (such as someone’s driveway or backyard) or in the street within 100 feet of a residence that can be tied back to a property (such as a house party that has spilled into the street). The appointed officers will most likely be staff from HPD, HFD, or Code Enforcement, but could be any assigned City staff.

2. The appointed officer fills out a case report and sends it to the Code Enforcement Division. The staff person may include photographic or video evidence, though that is not needed.

3. Code Enforcement issues a citation notice to the property owner. If it is a rental property, the citation will be mailed to the owner’s address, not the property address, because this is a property violation.

4. The fee is $1,200 for the first citation, $3,000 for the second citation, and $5,000 for the third.

5. The property owner can contest the citation through a hearing.

6. If the fee remains unpaid, it is added to the property tax bills, as is the case with all code enforcement citations.

Reports from community members - Community members will also be able to file a report online with Code Enforcement to report fireworks activity on a private property. However, they will not be able to file anonymous reports and they may need to testify if the property owner contests the citation.

Anonymous complaints – Community members will still be able to file anonymous complaints through Access Hayward. These complaints are sent to HPD’s Crime Prevention Specialists.

The Crime Prevention Specialists will follow up with warning letters to the properties stating

that there has been an anonymous complaint and reminding them of the fees if they were to receive a citation.

Limitations - This approach cannot be used for people lighting fireworks in parks or other public spaces, which staff knows are areas of concern. Instead, this is one tool in the enforcement toolbox. The hope is that any enhanced enforcement will send a stronger message that fireworks are not tolerated in Hayward.

Proposed Workplan for Spring and Summer of 2022
If Council agrees with this enhanced enforcement approach, staff will mobilize to conduct the following activities over the next four months:

April 2022:
 Return to Council on April 5 with the second reading and adoption of the ordinances.  Once the ordinances are adopted, issue a press release explaining the new language, the citation process, and the amounts. Follow up with social media posts that will occur throughout the spring and summer.
 Send courtesy notices to all property owners informing them of the risk of citation and the fee amounts. In addition, staff will include a similar message in water bills.

May 2022:
 Send follow up letters to target addresses that have been identified in the past as hosting firework activity to inform them again of the fee amounts.  Post electronic signs with warning messages.
 Begin targeted enforcement operations in areas with historically high amounts of fireworks. These operations will mostly occur after dark and may have staff from Code Enforcement, HPD, and/or HFD.

June and July 2022:
 Continue targeted enforcement operations in highly impacted neighborhoods, based on analysis of the calls for service and Access Hayward complaints.

Proposed Ordinance Updates
Staff is recommending the following changes to the Municipal Code to support the enforcement approach described above. These are shown with tracked changes in Attachments II and III.

1) Amending Chapter 4, Article 15 of the Hayward Municipal Code to specifically include fireworks.
o Chapter 4 is on Public Welfare, Morals, and Conduct.
o Article 15 is the Social Nuisance Ordinance.
o These text changes specifically include fireworks as a noise nuisance and as a criminal activity that threatens the life, health, safety, or welfare of the residents of the property, neighbors, or the public.

2) Amending Chapter 3, Article 3 of the Hayward Municipal Code to specifically hold property owners accountable for fireworks on private property. o Chapter 3 is on Public Safety.
o Article 3 is on Explosives, Firearms, and Fireworks.
o This text change explicitly holds property owners and social hosts accountable for fireworks that are ignited on their property. It also holds them accountable for fireworks in the public right of way within 100 feet of a residence that is tied back to their property, such as a through a party or event that they are hosting.

FISCAL IMPACT

There may be some additional overtime costs to be able to staff the enhanced enforcement activities in this plan, which are estimated at $30,000. This overtime will be split between the Code Enforcement Division, Police Department, and Fire Department. These costs will be absorbed by departmental budgets or through the use of fund balance. Increased enforcement and citations will generate revenue from fees that may offset some or all of these overtime costs.

NEXT STEPS

If the Council introduces the attached ordinances this evening, they will be brought back for adoption during a regular meeting scheduled for April 5, 2021. The ordinances will then be effective 30 days after adoption.

Prepared by: Sara Buizer, Deputy Director of Development Services Phil Nichols, Code Enforcement Manager
Faye Maloney, Police Sergeant
Gregory Velasquez, Police Lieutenant
Mary Thomas, Management Analyst
Eric Vollmer, Deputy Fire Chief
Rod Affonso, Streets Manager
Chuck Finnie, Communications & Marketing Officer

Recommended by: Toney Chaplin, Police Chief
Garrett Contreras, Fire Chief
Jennifer Ott, Assistant City Manager

Approved by:

________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II
ORDINANCE NO. 22-__

ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING
CHAPTER 4, ARTICLE 15 OF THE HAYWARD MUNICIPAL CODE

RELATING TO SOCIAL NUISANCE BY SPECIFICALLY INCLUDING

FIREWORKS

THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 4, Article 14 of the Hayward Municipal Code is hereby amended to read as follows:

ARTICLE 15

SOCIAL NUISANCE ORDINANCE

SEC. 4-15.01 TITLE.

This ordinance shall be known as the "Social Nuisance Ordinance," may be cited as such, and will be referred to herein as "this ordinance."

SEC. 4-15.02 FINDINGS.

The City Council finds as follows:
a) Just as the physical conditions of propert ies within the City of Hayward can constitute public and private nuisances, so too the behavior of persons on properties within the City can constitute public and private nuisances. Examples of behavior which can constitute nuisances include large and noisy gatherings, noisy activities, including fireworks, during late night hours, use or sale of controlled substances on the premises, and the coming and going of persons with the intent to purchase controlled substances. b) It is as important to the public health, safety and welfare for interested residents of the City or the City to be able to abate nuisance -creating behaviors as it is to abate nuisance-creating physical conditions.
c) The owners of properties within the City are responsible to monitor the ir properties and to take appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance-creating behaviors. Such nuisances can be avoided with adequate property management. If property owne rs do not fulfill their responsibilities, it is necessary for the safety, health and welfare of neighborhoods and the City as a whole that interested persons or the City be able to undertake abatement action. d) Neighborhood health and safety must be prot ected in a way which does not promote housing discrimination or promote evictions based on prejudice, unfounded fears, or personal animosities.
e) Nothing in this ordinance exempts property owners from strict compliance with state housing law on evictions , retaliatory conduct or discriminatory conduct, or privacy.

ATTACHMENT II

SEC. 4-15.03 PURPOSE.

The purpose of this ordinance is:
a) To set forth and enforce minimum standards relating to the management of properties to protect the public health, safety, and welfare, and b) To put in place a remedy which will permit aggrieved persons or the City to take effective, efficient administrative or judicial action against property owners who permit nuisance-creating behaviors to occur on their properties on a continu ing basis in order to compel such owners to abate the nuisance-creating behaviors. c) The provisions of this ordinance are intended to be supplementary and complementary to all of the other provisions of the Hayward Municipal Code and state law and all re medies set forth herein shall be cumulative to other remedies which may be available under the Hayward Municipal Code or state law.

SEC. 4-15.04 APPLICATION.

The provisions of this ordinance shall apply generally to all property, whether owner occup ied or rental, throughout the City of Hayward wherein any of the nuisances hereinafter specified, are found to exist. A criminal conviction is not required for establishing the occurrence of a nuisance violation pursuant to this ordinance. The provisions o f this ordinance shall not apply to activities which constitute a bona fide exercise of constitutional rights.

GENERAL RESPONSIBILITIES

SEC. 4-15.05 RESPONSIBILITY FOR PROPER PROPERTY MANAGEMENT.

Every owner of real property within the City is required to manage the property in a manner so as not to violate the provisions of this ordinance and the owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding the property.

SEC. 4-15.06 RESPONSIBILITY OF EVERY TENANT.

Every tenant, occupant, lessee or holder of any possessory interest in the real property is required to behave on the property, and supervise any guests on the property, in a manner so as not to violate the provisions of this ordinance.

SEC. 4-15.07 AUTHORITY.

The City Manager, or the City Manager's designee (hereafter "City Manager"), shall administer the provisions of this ordinance. The City Manager shall have the authority to designate employees as Enf orcement Officers in conformance with this ordinance to assist with enforcement responsibilities of this ordinance, including, but not limited to, the issuance of notices, orders and fines. Hearings or appeals of the City Manager's orders shall be heard by a hearing officer appointed by the City Manager.

SEC. 4-15.08 PENALTY FOR VIOLATIONS; ENFORCEMENT.
a) The administrative enforcement described in this ordinance notwithstanding, the City Attorney may bring a civil action for injunctive relief and civil penalties against any owner who violates this ordinance.

ATTACHMENT II

b) Any person aggrieved by a public nuisance described in this ordinance may bring a civil action for injunctive relief and damages against any owner who violates this ordinance.
c) In any civil ac tion brought pursuant to this ordinance, the court may award reasonable attorneys fees and costs to the prevailing party.

DEFINITIONS

SEC. 4-15.09 OWNER.

Owner shall mean any person, persons, organizations or legal entity owning property as shown on the last equalized assessment roll for City taxes.

SEC. 4-15.10 TENANT.

Tenant shall mean any occupant, lessee, sublessor, sublessee, or holder of any possessory interest in the real property.

SEC. 4-15.11 ENFORCEMENT OFFICER.

Enforcement O fficer shall mean any person authorized by the City Manager to enforce the provisions of this ordinance.

SEC. 4-15.12 HEARING OFFICER.

Hearing Officer shall mean any person appointed by the City Manager to preside over the administrative hearings pursuant to this ordinance.

SEC. 4-15.13 ADMINISTRATIVE EXPENSES.
"Administrative expenses" shall include, but not be limited to:
a) The costs associated with any hearings before a Hearing Officer. b) City's personnel costs, direct and indirect, inc urred in enforcing this article and in preparing for, participating in or conducting any hearings subject to this article, including but not limited to attorney's fees.
c) The cost incurred by the City in documenting the safety violations, including but not limited to, the actual expense and costs of the City responding to the safety violation(s); investigating and enforcing statutory crimes related to the safety violation, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, administrative citations, and orders.

SEC. 4-15.14 PUBLIC NUISANCE.

It is hereby declared a public nuisance and a violation of this ordinance for an owner or tenant of any premises in this City to permit those premises to be used in such a manner that anyone (1) or more of the activities described in the following subsections are found to occur and to occur repeatedly thereon:
a) The illegal sale of controlled substances and other illegal drugs and substances which creates a public nuisance as defined in Civil Code Sections 3479 and 3480. b) The illegal use of controlled substances and other illegal drugs and substances which creates a public nuisance as defined in Civil Code Section 3479 and 3480.

ATTACHMENT II

c) The frequent gathering, or coming and going, of people who have an intent to engage in the illegal purchase or illegal use of controlled substances on the premises. d) The occurrence of prostitution.
e) Violent criminal acts, whether or not a criminal case is filed, including, but not limited to, rape, attempted rape, robbery, battery, homicide, shooting, kidnapping, or arson. f) Unlawful activities of a criminal street gang (as define d in Penal Code Section 186.22).
g) The creating or causing to be created any unreasonable noises, including fireworks, which disturbs the peace, quiet, and comfort of the community, or any portion thereof.
h) Allowing the occupancy load to exceed the permitted number within a public assembly, as established by the California Building Code, when alcohol and/or drugs are being consumed or accessible to the gathering;
i) The firing of gunshots or brandishing of w eapons by a resident, or by a guest of a resident.
j) The occurrence of any criminal activity, including the setting off of any fireworks, not specified above which threatens the life, health, safety or welfare of the residents of the property, neighbors or the public.

NOTICES

SEC. 4-15.15 COURTESY NOTICE.
a) To commence enforcement of this ordinance, the City Manager shall notify the property owner of the occurrence of a nuisance violation on the owner's property. The City Manager shall communicate with the owner to request that the owner voluntarily cooperate with the City to abate the nuisance. The City Manager may concurrently give notice thereof to the property manager where applicable.
b) The City Manager shall also concurrently give written notice to the tenants, where applicable, identifying the nuisance violations.
c) The courtesy notice shall contain the following information:
1) The street address where the nuisance violation is occurring. 2) A statement specifying with particularity the act ivities and behaviors which constitute the nuisance, including where applicable, addresses and unit numbers of the person or persons allegedly causing the nuisance.
3) A statement that the person(s) allegedly causing the nuisance have the right to contest the allegations of nuisance at an informal meeting with the City Manager as described in subsection (d). The request for meeting with the City Manager must be made within fifteen (15) calendar days of the initial notification. Notice to the tenant or unit need not be given when the City Manager determines that doing so would endanger persons or compromise an ongoing police investigation.
d) The City Manager shall hold an informal meeting pursuant to subsection (c)(3) no later than fifteen (15) calendar days after the request by a person(s) allegedly causing the nuisance. At the meeting, the person(s) allegedly causing the nuisance shall be given the opportunity to demonstrate that he or she is not causing a nuisance. The City Manager shall mail copies of a letter describing the results of the informal meeting to the person(s) allegedly causing the nuisance and the property owner.

ATTACHMENT II

e) The Courtesy Notice shall be served in the manner prescribed by Section 4 -

15.24. f) An "Order to Abate" shall not be issued hereunder if the owner is making good faith efforts to abate the nuisance. Indicia of good faith may include prompt responses to City communications and requests, active professional property management, taking steps to repair physical conditions which con tribute to the nuisance, and utilizing any and all legal remedies to abate and/or remedy the nuisance, including but not limited to an unlawful detainer action.
g) The City Manager may issue an "Order to Abate" the nuisance after following the procedures described in subsections (a) through (f).

SEC. 4-15.16 ORDER TO ABATE—CONTENT.

The Order to Abate shall contain:
a) The street address where the nuisance violation is occurring. b) A statement specifying with particularity the activities and behaviors which constitute the nuisance, including where applicable, addresses and unit numbers of the person or persons allegedly causing the nuisance, and reasonable actions which the City Manager orders the owner to take to abate the nuisance. c) A statement advising the owner to abate the nuisance within thirty (30) calendar days of mailing of the Order to Abate, or such longer time as the City Manager may order. An extension of time to abate the nuisance shall be granted if the owner is making good faith efforts to abate the nuisance and those efforts are delayed due to judicial proceedings relating to the property.
d) A statement advising the owner that he or she has the right to request a hearing to contest the Order to Abate.
e) A statement advising the owner that an administrative penalty in an amount not to exceed five thousand dollars ($5,000.00) shall be imposed upon the owner and made a lien/special assessment on the property involved if the nuisance is not abated as required by the Order to Abate and no written request for hearing is filed within thirty (30) days of receipt of the Order to Abate.
f) A statement that in responding to the Order to Abate, the owner should comply with all applicable federal, state, and local regulations relating to evictions and prohibitions against discrimination.
g) Whenever the City Manager issues an Order to Abate to abate a nuisance at a rental residential property, the City Manager shall concurrently issue a written notice to the tenants of the cited property or unit.
h) The Order to Abate shall state that a written abatement plan executed by the owner and City Manager shall be deemed to be a final order of the hearing officer.

SEC. 4-15.17 ORDER TO ABATE—SERVICE.

The Order to Abate shall be served in the manner prescribed by Section 4-15.24.

SEC. 4-15.18 ORDER TO ABATE—FEE.

In addition to administrative penalties, the City may impose a fee on the owner of any property for which an Order to Abate is issued pursuant to this ordinance. The fee shall be calculated to recover any and all administrative expenses incurred by the City. The fee

ATTACHMENT II

shall be a personal obligation of the owner and a lien/special assessment against the property which is the subject of the Order to Abate. Any fee not paid within the time specified shall be recovered pursuant to Section 4-15.35—4-15.39 of the Hayward Municipal Code.

SEC. 4-15.18 CITY MANAGER'S REVIEW OF COMPLIANCE.

After the time for abatement se t forth in the Order to Abate has expired, the City Manager shall determine whether the owner has taken action ordered by the City Manager and whether the nuisance has been abated. If the City Manager determines that the owner has complied with the City Ma nager's order and the nuisance has been abated, the owner and any tenants other than the owner shall be notified in writing of such determination and the administrative action shall be suspended. If the City Manager suspends the administrative action, he/she may continue to monitor the property and activity associated with it. If the City Manager determines that the nuisance activity recurs and/or the owner has failed to comply with the previously issued Order to Abate within eighteen (18) months of suspens ion of the case, the City Manager may impose an administrative penalty as provided in Section 4-15.20.

SEC. 4-15.20 NOTICE OF ADMINISTRATIVE PENALTY.
a) If the City Manager determines that the nuisance has not been abated and that the owner has failed to comply with the City Manager's order, or that the nuisance actually has recurred, the City Manager shall issue a "Notice of Administrative Penalty" imposing an administrative penalty of not more than five thousand dollars ($5,000.00) upon the owner of the premises. In addition, the City Manager may issue another Order to Abate to the owner pursuant to Section 4-15.16 for the existence of any nuisance which has not been abated, or which has recurred.
b) The Notice of Administrative Penalty shall specify th e amount of the administrative penalty, advise the owner of his or her right to request a hearing to contest the administrative penalty, and state that if no hearing request is received within thirty (30) calendar days, the administrative penalty will beco me final and be made a lien/special assessment upon the property involved.
c) No owner shall pass on to tenants penalties incurred pursuant to this ordinance.
d) The notice of administrative penalty shall be served in the manner prescribed by Section 4-15.24.

HEARING RIGHTS

SEC. 4-15.21 RIGHT TO HEARING.

The property owner has the right to request a hearing to contest any Order to Abate issued, any fee or any administrative penalty imposed by the City Manager.

SEC. 4-15.22 REQUEST FOR HEARING.

A request for hearing to contest an Order to Abate, a fee or an administrative penalty imposed shall be made in writing, to the City Manager, within thirty (30) calendar days after mailing of the Order to Abate or Notice of Administrative Penalty. If a request for

ATTACHMENT II

hearing is not timely filed, the Order to Abate, the fee or the administrative penalty imposed shall be deemed a final order of the hearing officer.

SEC. 4-15.23 HEARING NOTICE—CONTENTS.

Upon the owner's request for a hearing, the City Manager shall issue a hearing notice. The notice shall contain:
a) A copy of the Order to Abate.
b) A copy of the Notice of Administrative Penalty, where applicable. c) The amount of any fee imposed, where applicable.
d) An order to the owner to appear before a hearing officer at a stated time, but in no event less than twenty calendar days after mailing of the hearing notice. e) A list of the actions which the City Manager intends to ask the hearing officer to order the owner to take if the matter is not resolved before hearing. Nothing shall prevent the hearing officer from ordering other actions not listed in the hearing notice. f) A statement that all interested persons may attend and testify at the hearing.

SEC. 4-15.24 HEARING NOTICE—SERVICE.

The hearing notice shall be served in the following manner:
a) The hearing notice, and any amended or supplemental notice, shall be served either by personal delivery or by first class mail, proof of service attached, postage prepaid, upon the owner at the owner's address as it appears on the latest equalized assessment roll of Alameda County, or as known to the City Manager. At the discretion of the City Manager, copies of the notice may also be mailed to any holder of an interest in the property or a mortgage, deed of trust, or other lien or encumbrance of record. b) Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
c) Failure to effect service on any person specified herein shall not invalidate proceedings against any person who is properly served.

SEC. 4-15.25 HEARINGS—GENERALLY.

At the time set, the hearing officer shall proceed to hear the testimony of City staff, the owner, any tenants, and other persons regarding the nuisance-creating behaviors on the premises and the steps necessary to abate the nuisance, the imposition of an administrative penalty or any fee imposed. The hearing officer shall have the power to examine witnesses and to issue subpoenas to compel the attendance of witnesses and/or the production of documents.

SEC. 4-15.26 RECORD OF ORAL EVIDENCE AT HEARING.

The proceedings at the hearing shall be recorded by a tape recorder. Either party may provide a certified s horthand reporter to maintain a record of the proceedings at the party's own expense.

SEC. 4-15.27 CONTINUANCES.

The hearing officer may grant continuances from time to time for good cause shown.

ATTACHMENT II

SEC. 4-15.28 OATHS.

The hearing officer shall administer the oath or affirmation.

SEC. 4-15.29 EVIDENCE RULES.
a) Oral evidence shall be taken only on oath or affirmation. b) Hearings need not be conducted according to the technical rules of evidence. c) Any relevant evidence shall be admitted if it is of the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
d) Irrelevant and unduly repetitious evidence shall be excluded.

SEC. 4-15.30 RIGHTS OF PARTIES.

The parties and anyone who participates in a hearing under this ordinance may be represented by an attorney or other person of the party's choice. If a party does not proficiently speak or understand the English language, the party may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have any involvement in the issues of the case prior to the hearing.

SEC. 4-15.31 OFFICIAL NOTICE.

In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the City or any of its departments.

SEC. 4-15.32 DECISION OF THE HEARING OFFICER
a) If it is shown by a preponderance of evidence that behaviors occurring on the premises constitute a public nuisance and that the owner of the premises has not taken adequate steps to abate the nuisance as prescribed by the City Manager, the hearing officer shall issue a written decision declaring the premises a public nuisance. The hearing officer may order the owner to take such action the hearing officer deems appropriate to abate the nuisance. The actions ordered shall be reasonable and may include, but shall not be limited to:
1) Provision of additional exterior lighting;
2) The posting of security personnel on the premises;
3) Installation of appropriate fencing;
4) Posting of signs on the premises, and provisions in rental applications and agreements, which state that nuisance-creating behaviors on the premises, including but not limited to the nuisance-creating behaviors identified in this ordinance, shall be grounds for eviction;
5) Hiring a competent property management firm to manage the property; 6) Hiring of a competent resident manager who has experience, education, and training in rental property management;

ATTACHMENT II

7) Posting a sign on the premises setting forth the name, address and daytime and evening telephone numbers of the owner or of a local property manager who is authorized to make decisions relating to management of the property; 8) Obtaining education and training in rental property management, including completion of the Hayward Police Department's the Crime Free Multi-Housing Program; 9) Correcting any violations of the Uniform Housing Code or Uniform Code for the Abatement of Dangerous Buildings;
10) Such other reasonable actions as may be deemed appropriate by the hearing officer.
b) The hearing officer may affirm, reject or modify any administrative penalty imposed on the owner by the City Manager based upon the severity of the nuisance-creating behaviors on the premises and the owner's efforts, or lack thereof, to remedy the problem.

The administrative penalty may be adjusted if the hearing officer finds that imposition of the penalty would work a substantial undue economic hardship on the owner or tenants. c) The hearing officer shall not have the authority to order that the owner evict a tenant or any other person from the premises.
d) If the hearing officer orders the owner to take specified actions to abate the nuisance, the City Manager shall review the ow ner's compliance with the hearing officer's order pursuant to Section 4-15.18.
e) The decision shall inform the owner that if the nuisance is not abated within the time specified and the owner has not complied with all orders of the hearing officer, an administrative penalty in an amount not to exceed five thousand dollars ($5,000.00) may be imposed upon the owner and made a lien/special assessment on the property involved. f) If the decision orders the owner to take any actions which were not listed in the hearing notice, the decision shall specifically designate those actions. g) The decision shall be posted on the premises and served upon the owner and to any tenants other than the owner, by personal delivery or by first class mail, proof of service attached, postage prepaid. The decision shall also be sent by first class mail to any holder of any mortgage or deed of trust or the lien or encumbrance of record, the owner or holder of any lease of record, the holder of any other estate or legal interest o f record in the premises. Failure to serve the decision on any person specified herein shall not invalidate proceedings against any person who is properly served.
h) The decision of the hearing officer shall be final. Any person aggrieved by the administrative decision of a hearing officer may seek judicial review, as specified in Section 4-15.34.

SEC. 4-15.33 ENFORCEMENT OF HEARING OFFICER ORDERS.

After any order of the hearing officer made pursuant to this ordinance becomes final, no owner to whom any such order is directed shall fail, neglect or refuse to obey any such order. The City Attorney may commence appropriate judicial action against any owner who fails to abate a nuisance pursuant to the order of the hearing officer.

SEC. 4-15.34 ACCESS TO RECORDS AND EVIDENCE.
a) Any notice, order, and/or decision, including the Courtesy Notice, Order to Abate, Notice of Administrative Penalty, and the Decision of the Hearing Officer, shall be a

ATTACHMENT II

record subject to disclosure pursuant to terms set forth in the California Public Records Act.

Said records may be used, subject to any applicable rules of evidence, in any judicial action. b) In a judicial action, the Enforcement Officer shall comply with a subpoena issued in accordance with the procedures set for the in the California Code of Civil Procedure, Section 1985 et seq.

SEC. 4-15.35 JUDICIAL REVIEW OF ADMINISTRATIVE DECISION. a) Any person aggrieved by an administrative decision of the hearing officer ordering the abatement of a nuisance and any ass ociated administrative penalties or reimbursement for costs set forth in the Hearing Decision, may seek review of the administrative decision in the Superior Court by filing with the court a petition for writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure. b) The filing of a request for judicial review shall not stay the operation or effect of an administrative decision or order unless a court of competent jurisdiction issues a specific stay order.

PROCEDURES FOR COLLECTION OF ADMINISTRATIVE PENALTY

SEC. 4-15.36 NOTICE OF LIEN/SPECIAL ASSESSMENT.

Pursuant to California State Government Code Sections 38773.1 and 38773.5, prior to placing any liens or special assessments against a property for unpaid inspection fees, charges or p enalties, all applicable owners shall be properly served written notice of past due amounts, and the right to have a Lien/Special Assessment Hearing as described hereinafter.

SEC. 4-15.37 LIEN/SPECIAL ASSESSMENT HEARING.

Any owner may request a Lien /Special Assessment Hearing by written request within ten (10) days of receipt of the notice of lien/special assessment. The purpose of the Lien/Special Assessment Hearing is to provide an opportunity for any objections which may be raised by any person liable to be charged for the work of abating cited code violations and related charges associated with their property. The City Manager shall attend said Lien/Special Assessment Hearings with his or her record thereof, and upon the hearing, the hearing offic er may make the modifications in the proposed lien/special assessment as deemed necessary. When a Lien/Special Assessment Hearing is requested, the amount of the cost of abating cited code violations upheld by the hearing officer, including inspection charges and administrative expenses shall, after being confirmed by the City Council, constitute a lien or special assessment on the property for the amount of the charges until paid. The right to judicial review shall be governed California Code of Civil Procedure Section 1094.5.

SEC. 4-15.38 ACCOUNT AND REPORT OF COST.

The Enforcement Officer shall keep an account of the cost of abating the nuisance on each separate lot or parcel of land where the work is done by the City, as well as any inspection cha rges which remain unpaid, and shall render an annual itemized report in writing to the City Council showing the cost of abatement, including any salvage value, and

ATTACHMENT II

outstanding inspection charges. The City Council shall review and confirm the annual report and lien/special assessment list, amended as necessary, by way of resolution.

SEC. 4-15.39 NOTICE OF REPORT.

The City Clerk shall post a copy of the report and lien/special assessment list on the bulletin board designated for the posting of agendas for City Council meetings together with a notice of filing thereof and of the time and place when and where it will be submitted to the City Council for confirmation by way of resolution. Notice shall also be published once in a newspaper of general circulation that is published and circulated within the City. The posting and first publication of the notice shall be made and completed at least ten (10) days before the time the report is considered by the City Council.

SEC. 4-15.40 COLLECTION ON TAX ROLL.

After City Council confirmation of the annual report and lien/special assessment list, a copy shall be given to the City Director of Finance who may receive the amount due on the abatement cost and issue receipts at any time after the confirmation and until a list of unpaid liens/special assessments is sent annually to the County Auditor for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. All laws and ordinances applicable to t he levy, collection, and enforcement of City taxes are hereby made applicable to such liens or special assessments and this lien or special assessment shall have priority of the taxes with which it is collected.

Section 2. Severance.

If any section, su bsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

Section 3. Effective Date.

This ordinance shall become effective thirty (30) days after adoption by the City Council.

ATTACHMENT II

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2022, by Council Member __________________________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2022, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

_____________________________________________________
Mayor of the City of Hayward

DATE: _____________________________________________

ATTEST:

_____________________________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

ORDINANCE NO. 22-__

ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING
CHAPTER 3, ARTICLE 3 OF THE HAYWARD MUNICIPAL CODE

RELATING TO FIREWORKS BY SPECIFIC ALLY IDENTIFYING

PROPERTY OWNERS ACCOUNTABLE FOR FIREWORKS

THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 3, Article 3 of the Hayward Municipal Code is hereby amended to read as follows:

ARTICLE 3

EXPLOSIVES, FIREARMS AND FIREWORKS

SEC. 3-3.00 FIREARMS AND FIREWORKS.

1. It shall be unlawful for any person at any time, to fire or discharge or cause to be fired or discharged any cannon, anvil, gun, pistol, or other firearms, Chinese or other firecrackers, bomb, fireworks or explosive preparation of any nature whatsoever, within the limits of the City of Hayward.

2. It shall be unlawful for any person, property owner or social host, to ignite, explode, project, or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, upon private pr operty or over onto the property of another, or within 100 feet of any residence dwelling or other structure used as a place of habitation by human beings. Any person, social host or property owner shall be liable for any unlawful use, discharge, or display of fireworks at their property or gathering.

Provided, however, the use of fireworks at such public displays of fireworks inside the limits of the City of Hayward as may be given with the joint written consent first had and obtained, of the Fire Chief and the Police Chief, shall not be unlawful.

All acts under such joint permission must be done in a careful manner, and such joint permission shall not exempt the person to whom it is granted from any liability for damage done to person or property by him under such permission.

SEC. 3-3.10 FIREARMS, EXCEPTIONS AS TO USE.

The foregoing provisions as to the use of firearms shall not apply to peace officers in the discharge of their official duties and using reasonable care; nor to persons using firearms in necessary self -defense or in a ca reful manner for the purpose of destroying noxious animals upon land owned or occupied by them; nor to organizations which are by the United States Federal Government authorized to use such firearms; nor to members of any lawfully organized gun club when u sing said firearms for the purpose of practicing shooting at targets upon established target ranges; nor to any person having permission of the owner of the land to shoot birds and animals during hunting season.

ATTACHMENT III

Section 2. Severance.

If any section, subsection paragraph or sentence of the Ordinance, or any part thereof, is for any reason found to eb unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

Section 3. Effective Date.

This ordinance shall become effective thirty (30) days after adoption by the City Council.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2022, by Council Member __________________________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2022, by the following votes of members of said City Council.

ATTACHMENT III

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

_____________________________________________________
Mayor of the City of Hayward

DATE: _____________________________________________

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 22-008
DATE: March 22, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director

SUBJECT
General Plan Annual Progress Report: Accept the Hayward 2040 General Plan Annual Progress Report for Calendar Year 2021

RECOMMENDATION
That the Council accepts the City of Hayward 2040 General Plan Progress Report for the 2021 Calendar Year and provides feedback and direction as desired.

SUMMARY
In 2014, the Council adopted a new General Plan for the City of Hayward. Government Code Section 65400 et seq. requires the City to annually review the General Plan and report progress on the programs contained therein. This annual report has been prepared for review and acceptance by the Council and will be forwarded to the State Office of Planning and Research and the State Housing and Community Development office to ensure compliance with State guidelines.

The Hayward 2040 General Plan is a long-range comprehensive plan that controls and regulates land uses and development in the City through 2040. The individual elements of this General Plan (Land Use, Mobility, Economic Development, Community Safety, Natural Resources, Hazards, Education, Community Health, Facilities/Services and Housing) contain policies and programs that guide future development in the City.

This General Plan Annual Progress Report was prepared by the Development Services Department- Planning Division, with input from various City Departments including Public Works and Utilities, Fire, Police, Library Services, Maintenance Services, and the City Manager’s Office. This report is intended to provide information on the measurable outcomes and actions associated with the implementation of all General Plan elements.

On February 24th, this progress report was presented as an informational item to the Planning Commission. The Commissioners received the annual report and provided additional comments and recommendations to staff. A summary of the comments is included in the Discussion section of this CITY OF HAYWARD Printed on 3/18/2022Page 1 of 2
powered by Legistar™
File #:LB 22-008
report.

ATTACHMENTS
Attachment I Staff Report
Attachment II General Plan Program List
CITY OF HAYWARD Printed on 3/18/2022Page 2 of 2
powered by Legistar™

DATE: March 22, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Development Services Director

SUBJECT: General Plan Annual Progress Report: Accept the Hayward 2040 General Plan Annual Progress Report for Calendar Year 2021

RECOMMENDATION

That the Council accepts the City of Hayward 2040 General Plan Progress Report for the 2021 Calendar Year and provides feedback and direction as desired.

SUMMARY

In 2014, the Council adopted a new General Plan for the City of Hayward. Government Code Section 65400 et seq. requires the City to annually review the General Plan and report progress on the programs contained therein. This annual report has been prepared for review and acceptance by the Council and will be forwarded to the State Office of Planning and Research and the State Housing and Community Development office to ensure compliance with State guidelines.

The Hayward 2040 General Plan is a long-range comprehensive plan that controls and regulates land uses and development in the City through 2040. The individual elements of this General Plan (Land Use, Mobility, Economic Development, Community Safety, Natural Resources, Hazards, Education, Community Health, Facilities/Services and Housing) contain policies and programs that guide future development in the City.

This General Plan Annual Progress Report was prepared by the Development Services Department-Planning Division, with input from various City Departments including Public Works and Utilities, Fire, Police, Library Services, Maintenance Services, and the City Manager’s Office. This report is intended to provide information on the measurable outcomes and actions associated with the implementation of all General Plan elements.

On February 24th, this progress report was presented as an informational item to the Planning Commission1. The Commissioners received the annual report and provided additional comments and recommendations to staff. A summary of the comments is included in the Discussion section of this report.

1 https://hayward.legistar.com/MeetingDetail.aspx?ID=932285&GUID=AD465097-A9F4-4554-9708-394E32EEE142&Options=&Search=

BACKGROUND

On July 1, 2014, following a 22-month community planning process, the Council adopted a new General Plan for the City. Included as Part 4 of the new Hayward 2040 General Plan was a series of implementation programs designed to activate the various goals and policies set forth in the document. For each implementation program, a timeframe was established for completion as well as a responsible lead department for carrying out the program. While some programs have identified timeframes, there are others that are indicated to be ongoing programs and others that occur annually. One such program is the General Plan Annual Report, which is the report back to the State and Council on implementation progress.

To date, the City has made progress on 70 percent of the General Plan’s 143 implementation programs. Of those identified for initiation between 2014 and 2019, more than three quarters of programs are either complete or in progress. The remaining 20 percent have not been started for various reasons, including funding availability, resources, and/or shifting priorities.

However, 36 percent of the programs slated for initiation in the 2020-2040 timeframe, are already complete or in progress, which is at or ahead of schedule.

Initial Public Outreach. The development of the Hayward 2040 General Plan, including the various implementation programs, contained a significant community outreach component.

The Hayward e-plan, or web-based General Plan, is linked from the City’s website2 and is periodically updated to include implementation program status. In addition, many of the individual implementation programs require community outreach and engagement prior to completion.

DISCUSSION

The Hayward 2040 General Plan contains a total of 143 implementation programs covering ten elements including Land Use, Mobility, Community Safety, Economic Development, Education and Life-Long Learning, Hazards, Natural Resources, Housing, Health and Quality of Life, and Public Facilities and Services. As shown in Table 1, of the 143 implementation programs, 107 were identified for initiation and/or completion in the 2014-2019 timeframe.

The remaining thirty-six programs were slated for initiation and/or completion within the 2020-2040 timeframe.

Timeframe Complete
co
mple
In Progress Not Started Total
# % # % # %
2014 – 2019 19 40% 13 27% 16 33% 48
Ongoing/annual, initiated in 2014 - 2019 5 8% 49 83% 5 8% 59 Subtotal 2014 – 2019 24 22% 62 58% 21 20% 107
2020 – 2040 2 6% 7 23% 22 71% 31
Ongoing/annual, initiated in 2020 - 2040 2 40% 2 40% 1 20% 5 Subtotal 2020 – 2040 4 11% 9 25% 23 64% 36
Total 28 20% 71 50% 44 31% 143

2 Hayward 2040 General Plan. https://www.hayward2040generalplan.com/

As shown in Figure 1 below, there were 107 programs slated for completion or initiation within the 2014-2019 timeframe, of which 22 percent are complete, and 58 percent are in progress. Of the programs identified for this timeframe, 20 percent have not been started for various reasons, including funding availability, resources, and/or shifting priorities. Of the 36 programs slated for initiation in the 2020-2040 timeframe, 11 percent are already complete, and 25 percent are in progress, at, or ahead of schedule. A complete list of all the General Plan programs, including the current status of each program, is included as Attachment II.

Figure 1: Status of General Plan Implementation Programs

2014-2019 Timeframe 2020-2040 Timeframe

Completed Programs. Twenty-four implementation programs identified for the 2014-2019 timeframe have been fully completed:

 LU-4, Downtown City Center Specific Plan
 LU-10, Sign Ordinance Update
 LU-11, Industrial Technology and Innovation Corridor Plan  LU-15, State Historic Building Code
 M-1, Multimodal LOS and Design Standards
 M-2, Multimodal LOS Guidelines
 M-11, Pedestrian Master Plan
 M-12, Shuttle Service Study
 M-15, Pedestrian Design Standard for Transit Stop
 M-21, Downtown Parking Management Plan
 ED-2 Branding and Marketing Program
 ED-3 Energy and Sustainability Businesses Program
 ED-9 Business Attraction, Expansion, and Retention Program  ED-4 Business Resource Center and Website
 ED-14 Ombudsperson Service
 CS-3, Crime Prevention Through Environmental Design Checklist  NR-4, Water Conservation Standards
 EDL-1 Education and Lifelong Learning Resource Center  EDL-2 Education Partnership
Complete
11%
In Progress
25%
Not Started
64%
Complete
22%
In Progress
58%
Not Started
20%

 EDL-4 Education Awards Program
 EDL-7, Library Facility Revenue Measure
 HQL-8, Park Dedication Requirements and In-Lieu Fees
 PFS-5, Construction and Demolition Debris Recycling Program  PFS-6, Rainwater Harvesting and Greywater Systems

In addition to programs listed above, four implementation programs identified for the 2020- 2040 timeframe have also been fully completed:

 M-6, Complete Streets Assessment
 M-10, Traffic Calming Measures
 ED-5 International Business Program
 ED-6 Industrial Technology and Innovation Corridor Marketing Strategy

Programs In-Progress. Sixty-two programs identified for the 2014-2019 timeframe are currently in progress. Some key programs currently underway include the continuation of the Homeless Services Partnership program, a coordinated effort between the City and various non-profits and faith-based organizations to provide services and ensure homeless and hunger needs are met in Hayward; the Transportation Impact Fee program, which includes the Nexus Report recently finalized by staff and an Ordinance that will be presented to Council in June of 2022. Other programs currently in process include: updating the City’s permitting and building permit processing software (Energov); the improved traffic flow program that includes new adaptive traffic signals throughout the City installed by the regional Hesperian Line 97 project; the ongoing implementation of the Economic Development Strategic Plan, which includes the development of the COVID-19 Economic Recovery Strategy for the next three years; and the implementation of the Inclusionary Housing Ordinance, which includes updating the Affordable Housing Ordinance to comply with the most recent State laws.

Programs Not Yet Started. As previously mentioned, several programs that were originally identified for implementation between 2014-2019 have yet to be started either due to limited staff and fiscal resources or other competing priorities. This includes comprehensive updates to the Zoning Ordinance, Subdivision Ordinance, Design Guidelines, and Off-Street Parking Regulations. Currently, staff is working with a consultant to develop Objective Design Standards for residential development, which may also include updates to the City’s Off-Street Parking regulations in response to recently adopted State legislation. Staff anticipates this project will be completed by the end of 2023. Additionally, the ongoing COVID-19 pandemic has delayed several other programs that were anticipated to begin in 2020. Staff anticipates that once the pandemic is over, several of these programs will begin, pending sufficient staff and funding resources. These programs include: updates to the Subdivision Ordinance; development of an Urban Forest Management Plan; updates to the Grading Ordinance; and the development and adoption of a Habitat Conservation Plan.

Programs In-Progress, 2022. In addition to the programs currently being implemented from previous cycles, the list of programs in Table 2 are in progress for the remainder of 2022.

Table 2: Program Implementation for 2022
Program Status
General Plan
GPA-2 General Plan
Update
The City recently updated the General Plan to reflect new Vehicle Miles Traveled (VMT) CEQA thresholds and reflect new Greenhouse Gas (GHG) emission reduction targets and will be updating the City’s Housing Element in 2022.

GPA-3 Master Plans,
Strategies, and
Programs Updates.

City staff has reviewed the list of master plans, strategies, and programs and those identified to be reviewed and updated were factored into Department Budgets. A list of adopted master plans, strategies, and programs can be found on the City’s website.

Land Use and Community Character
LU-6 Complete
Neighborhood Strategy
The Planning Division recently completed a comprehensive update to the public stakeholder, neighborhood, and HOA contact list citywide and anticipates additional public outreach will be conducted later in 2022/2023 with the development of Residential Objective Standards.

LU-17 Historic
Preservation Resource
Center
The Planning Division has compiled resources to encourage historic preservation and will be preparing several handouts for the public in 2022.

Mobility
M-5 Collision Data
Reporting
This information is currently being presented on a quarterly basis by the Police Department.

M-9 Improved Traffic
Flow Program
Multiple projects have been originated and grants obtained that work toward this purpose. The regional Hesperian Line 97 project installed adaptive traffic signals throughout the city within a major north/south corridor. The City has obtained an Innovative Deployments to Enhance Arterials (IDEA) grant from the Metropolitan Transportation Commission (MTC) that will allow for better monitoring and adjustment of signal timing along three major corridors in Hayward, thus reducing vehicle idling.

The City obtained Transportation Development Act (TDA) Article III funds and funds from Alameda County Transportation Commission (ACTC) for improvements on Patrick Avenue and Gading Road. The Class IV Separated Bikeway on Mission Blvd from Industrial Parkway and Harder Road is funded by a grant. The City has also received a grant to improve queuing and vehicle idling at the Huntwood/Industrial and Huntwood/Sandoval signalized intersections.

M-23 Transportation
Impact Fees
The City has completed a Nexus Report and is in process of preparing an ordinance for Council approval by June 30, 2022.

Economic
Development

ED-1 Economic
Development Strategic
Plan Annual Report
The Economic Development Division planned to bring forward an updated strategic plan in incremental segments. In the Fall of 2019, the Economic Development Division presented an updated Marketing and Branding Strategy and planned to continue updating the business attraction, retention, and expansion elements of the strategic plan.

However, these efforts were delayed due to the need to pivot toward COVID -19 response and recovery program implementation efforts. ED staff developed and brought forward a COVID-19 Economic Recovery Strategy in 2022, which is funded by ARPA dollars. This plan included a suite of recovery initiatives that will be the focus of the Division’s efforts across the next 3 years.

ED-2 Branding and
Marketing Program
The branding and marketing strategy was completed and launched in 2016. Updates to the strategy and content are ongoing. Regular updates are made to materials to be consistent with the latest market and business trends. In 2020, staff updated the Branding and Marketing Plan, which included new work tasks to continue promoting Hayward to targeted industries. As part of the COVID-19 Economic Recovery program efforts, a new marketing campaign “Hayward Open for Business” will be launched to encourage customers return to Hayward restaurants and retail stores. Marketing efforts to showcase the growing Biotech industry in Hayward are also scheduled for 2022.

ED-5 International The Hayward Business community represents the cultural diversity of the community.

Business Program Through the implementation of the Small Business Assistance grants and the COVID-19 Recovery Effort programs, staff uses equity practices to ensure that all efforts are taken to support those businesses that are owned and operated by minority business owne rs that traditionally do not have access to other capital means or programs. These efforts were recognized by the International Economic Development Council with an Award of Excellence for the efforts of the Economic Development Division. In addition, th e City launched the Together for Tennyson initiative, which established a marketing campaign and website to promote the diverse set of businesses in the Tennyson Corridor. This included a business directory and interactive map featuring businesses.

ED-6 Industrial
Technology and
Innovation Corridor
Marketing Strategy
With the publication of the Industrial Corridor Innovation and Technology Study in 2015, the City of Hayward identified the importance of maintaining and supporting the six major industry clusters that existed in the City’s Industrial area. New regulations that fostered and promoted the growth of these new technology clusters were needed to bring the zoning regulations in line with the needs of the changing market. Following the adoption of new industrial zoning district regulations in Spring 2019, Economic Development staff developed and implemented a plan to promote the new regulations and increase awareness of development opportunities. In 2019 and 2020, this included personal engagement with owners of vacant land and buildings, industrial real estate brokers, industrial trade associations and developers. These efforts, combined with strong industrial real estate market conditions, led to major redevelopment proposals including the former Gillig, Berkeley Farms and Conxtech sites on Clawiter. Work to market the industrial corridor will continue to be an ongoing task.

ED-7 Local Hire
Incentives
As part of the COVID Economic Recovery programs adopted by the City, a new program is slated to be implemented in year 2 & 3 of the budget. The Hire Hayward program establishes a rebate grant program that provides financial incentive to businesses that hire and maintain employment of a Hayward resident. Businesses would be required to offer a minimum hourly wage of $15.00 per hour. The rebate incentive would be to be businesses and would be a rebate a percentage of wages up to a maximum threshold for hiring a Hayward resident. The rebate period would run for the first eight weeks of the resident’s employment to account for training and onboarding costs .

ED-8 Business
Incubator Study
Research on business incubators, including best practices and common funding mechanisms, was started in 2020. However, these efforts were placed on hold as COVID-19 response and recovery efforts were prioritized. Economic Development staff have engaged with California State University (CSU or Cal State) East Bay to explore partnership opportunities. CSU East Bay is constructing a CORE building, which will be a Hub for Entrepreneurship. This business incubator will provide a nexus for students and faculty to explore innovations that will propel the creative economy into the next generation. Construction is to be completed in 2022.

ED-9 Business
Attraction, Expansion,
and Retention Program
Business attraction, expansion and retention is an ongoing process in the City of Hayward. Staff monitors reports on industry trends, sales tax leakage reports, vacancy reports, and other resources to determine what the current need is for the business community. Through the City’s award-winning Business Concierge Service, staff also works with other City departments in identifying those businesses that are looking to expand their operations and to ensure the process for those expansions is a positive experience for the business. Staff is currently working with the broker community to identify new tenants for the Kmart site, Lincoln Landing, SoHay, and other new retail spaces currently under construction.

ED-11 Town-Gown
Economic Strategic
Plan and Annual Report
Town-Gown Economic Strategic Plan efforts were delayed as priorities shifted to COVID-19 response and recovery. Formal work on the Town-Gown Strategic Plan is currently on hold due to lack of staff capacity as the focus has shifted towards the implementation of COVID-19 Economic Recovery programs.

ED-12 Customer
Service Survey
Surveys are regularly sent to customers and available at City Hall for an evaluation of the City’s customer service. Development Services and Permit Center released a survey in Spring 2019, and after a pause due to the first COVID-19 closure, the City resumed soliciting

customer feedback on ways to improve and expand customer service delivery in response to the ongoing COVID pandemic.

ED-13 Permit
Processing Software
The City has started the process of updating licensing and permit review software with EnerGov to help streamline process review. Staff expects this project to be completed in Fiscal Year 2022/23.

ED-15 Cultural
Commission
Staff recognizes the important economic impact of arts and culture on both quality of life for residents and the attraction of new businesses for the local economy. Efforts have begun to identify both short-term and long-term projects for the City to bring an increased presence of art and cultural events to the community. Economic Development has increased support to other organizations that have created cultural events held in the downtown such as the Mariachi Festival, Russell City Blu es Festival, Oktoberfest, and a Latin Jazz Festival. In 2019, Economic Development established a Special Events Grant Support program, which was reviewed by the Council Economic Development Committee (CEDC) and City Council. This program created a formal annual application process for special events. It included new funding thresholds to support and encourage new events. The new program also integrated elements of the City's "Commitment for an Inclusive, Equitable, and Compassionate Community" roadmap. Evaluation criteria was added to encourage more events that focus on cultural diversity, equity , and inclusion.

Due to COVID-19, on-going prohibitions on large gatherings, and removal of funding for this program from the Economic Development budget, this program is currently on hold.

Community Safety
CS-1 Grant Funding The Police Department currently has 34 sworn vacant positions and will pursue additional grant funding programs when staff resources are available. The Fire Department regularly applies for grants to fund equipment purchases and community programs. In the past several years, the Department has received grant money to purchase radios, cardiac monitors, and chest compression devices, as well as fund the residential chipping program and Community Emergency Response Team program.

CS-2 Police Department
Strategic Plan Annual
Report
The Police Department is currently in the process of working with an independent contractor to develop a new Strategic Plan with an anticipated completion date before the end of fiscal year 2022. The development of a new Strategic Plan is a requirement by the Commission on Accreditation for Law Enforcement Agencies (CALEA). The process is ongoing and HPD provides quarterly reports and an annual report to the City Council.

CS-4 Homeless Services
Partnership
The City developed and released a major strategy report on the issue of homelessness in late 2015. As a result of that report, a new Winter Warming Center was created in north Hayward, and the Downtown Streets Team program was contracted to begin services in June 2016. A new task force, a standing Interdisciplinary Working Group on Homelessness, Hunger, Housing and Disruptive Street Behaviors, was formed in early 2015, and continues to meet monthly. Members from various City Departments, Non - Profits, and Faith Based Organizations participate in the working group to coordinate services and strategy to ensure homeless and hunger needs are addressed in Hayward.

In January 2019, the City Council approved a Navigation Center for the homeless in the Industrial area, which is currently operational. The Library has started a partnership with Alameda County Health Care for the Homeless to bring the Medical Services van to the City on an ongoing basis.

CS-5 Park Security
Program
Staff turnover at the Hayward Area Recreation District (HARD) and the COVID-19 pandemic have impacted the implementation of this program but additional coordination with HARD is anticipated in 2022.

CS-6 Comprehensive
Safe School Plans
The School Resources Officers (SRO) Program was discontinued by Hayward Unified School District (HUSD) in 2021 and on-site campus security is provided by HUSD security staff. HPD responds to HUSD campuses and coordinates with HUSD to address safety issues when requested.

CS-7 Fire Department
Strategic Plan and
Annual Report
The Fire Department has begun the planning process to complete the Strategic Plan, which will be completed by the end of this fiscal year.

CS-12 Community
Emergency
Response Reserves
Program
The Fire Department has successfully established an active Community Emergency Response Team (CERT) program, which trains approximately 400 residents annually. In addition, the Department launched a Neighborhood Emergency Response Team (NERT) program in 2018 with the goal of training an additional 240 people. NERT is an abbreviated 4-hour curriculum for community groups. The Department continues to build the CERT program and is in progress of elevating CERT members to engage in advanced training. This CERT group will assist and report directly to the EOC in the event of a large-scale disaster.

CS-13 Energy
Assurance Plan
The Fire Department proposed a new CIP project for FY 22, which includes a pilot program for 10 solar-powered generators. These generators will be used to support 112 baseline residents during public safety power shutoffs; power tents in the event of any disaster, large or small; support the continuing operations of maintenance services through disasters and will be used in emergency response drills. Council approved funding for solar generators and communications equipment that will assist directors and public safety leadership with communicating off the grid.

Natural Resources
NR-3 Recycled
Water Program
Construction was completed on approximately eight miles of distribution pipelines in 2019, and on the recycled water tank, pump station, treatment facility in 2020. Phase 1 customer site retrofits and connections to the recycled water system were completed in 2020. The project was enrolled under the State Board’s General Water Reclamation Requirements for Recycled Water Use Order WQ 2016-0068-DDW in 2021. Customer deliveries are scheduled to begin in 2022.

NR-5 Residential
Energy Performance
Assessment and
Disclosure
Ordinance
On September 12, 2016, staff presented a report to the Council Sustainability Committee regarding a potential ordinance that would require energy audits of existing buildings and would require disclosure of energy performance. The Committee directed staff to focus efforts on providing customers with information that would encourage them to voluntarily make energy efficiency updates to existing homes and commercial buildings. Staff is currently working with StopWaste to develop a low-cost multifamily property assessment tool, which may be used for public disclosure of energy performance.

NR-8 Home Energy
Monitors and
Annual Report
This program will be re-evaluated during the update of the Climate Action Plan in 2022.

There are on-line programs such as Ohm Connect and Home Energy Analytics available to monitor home energy use without the need for a hardware solution.

Library Services
EDL-6 Library
Strategic Plan and
Annual Report
Delayed due to COVID-19. Due to the high cost of creating a full-fledged strategic plan, the Library started the first phase of the planning in 2021 with the training of staff and conducting some preliminary outreach in preparation for strategic planning. In Fiscal Year 2022, the Library will be doing a needs assessment for the Weekes community and plan to undertake the creation of the full Strategic Plan in the Fiscal Years 2022 -2024.

Community Health and Quality of Life
HQL-6 Climate Change
Vulnerability
Assessment Strategy
and Annual Report
Hayward's Local Hazard Mitigation Plan (LHMP) was adopted by Council on November 29, 2016, and an update will be completed in 2022. The LHMP includes vulnerability assessments for fire, flood, and drought. Vulnerability to sea level rise has been documented in numerous reports prepared by the Hayward Area Shoreline Planning Agency and the Adapting to Rising Tides project. The Shoreline Master Plan was completed in February 2021 and identified strategies for the mitigation of impacts associated with sea level rise. Staff is currently working on a technical handout related to new development impacted by sea level rise, which will be available in the Spring 2022. This handout will be given to prospective and current applicants to alert them of possible strategies to mitigate impacts of sea level rise.

Housing
H-5 Foreclosure
Prevention and
Counseling
The City has partnered with non-profit Housing and Economic Rights Advocates (HERA) to provide mortgage delinquency and default resolution negotiation and legal advocacy services through the City’s Foreclosure Prevention Program (the “Program”). The Program provides services to low-income City of Hayward homeowners who are

struggling to make their mortgage payments and at risk of losing their home due to financial impacts related to COVID-19. Marketing has started for the Program and the first two, free educational workshops on Foreclosure Prevention have been scheduled for end of February and early March 2022. Additionally, homeowners who meet certain Program criteria may also be eligible for financial assistance through the Program in the form of loans up to $15,000. The Program is funded by CARES Act Community Development Grant (CDBG-CV) funds and American Rescue Plan Act of 2021 (ARPA) funds which were approved by City Council in 2020 and 2021 respectively. Additionally, the City has partnered with A1 Community Housing to provide free foreclosure prevention workshops as well as free one-on-one counseling for households at risk of foreclosure. The program is funded through the City’s annual CDBG entitlement grant.

H-9 Density Bonus In 2019, Hayward received Senate Bill 2 grant funding to complete an update to the Density Bonus Ordinance to bring it in alignment with state law. The Planning Division is in the process of updating the Density Bonus Ordinance and expects to complete this project in the Summer 2022.

Planning Commission Review. On February 24, 2022, staff presented this report to the Planning Commission. After the presentation, Planning Commissioners commended City staff for the progress in the implementation of the General Plan programs. Commissioners also provided some comments and considerations for some of the specific General Plan programs, which are listed below and provided in more detail in the meeting minutes, available for download on the City’s website3.

 Continue working on the Objective Design Standards and consider the possibility of creating a resident-based Design Review Committee.
 Prioritize programs that address housing, homelessness, transit and public transportation, and cultural and special events.
 Concentrate on programs that help understand how residents use public transportation and decrease car dependency, such as M-3 (Survey Transportation and Transit Gaps and Barriers); M-4 (Regional Connection Improvements), and M-14 (Transit Rider Information Study).
 Continue implementing the M-6 Complete Streets Assessment at the neighborhood level.
 Consider using the City’s tax code to fund Police and Fire programs, instead of Impact Fees due to their potential impact to development in the City.  Continue developing the City’s permit software and research ways to provide metrics on how the use of the software will increase efficiency in the permit process.  Develop a Fair Chance Housing ordinance to lower barriers and end discrimination for people with convictions or other groups that have not had access to housing units in the past.

ECONOMIC IMPACT

There is no direct economic impact associated with this report.

STRATEGIC ROADMAP

3 https://hayward.legistar.com/MeetingDetail.aspx?ID=932285&GUID=AD465097-A9F4-4554-9708-394E32EEE142&Options=&Search=

This agenda item is a routine operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap. However, following Council feedback from the Report provided in 2021, staff reviewed the complete list of General Plan programs and identified some of those programs that are also included as part of the City’s Strategic Roadmap, shown in Attachment II with an asterisk (*). Of the 143 programs listed in the City’s General Plan, staff identified 82 programs that align with one or more of the projects laid out in the Strategic Roadmap. Out of these 82 programs, 17 are complete, 43 are in progress, and 22 have not started.

Figure 2: General Plan Implementation Programs and Strategic Roadmap Projects

GP programs aligned with SRM projects Status of SRM-aligned GP programs

FISCAL IMPACT

There is no direct fiscal impact associated with this report.

SUSTAINABILITY FEATURES

There are no direct sustainability features associated with this report. Sustainability features will be more directly identified with specific implementation programs as they are carried out.

PUBLIC CONTACT

The development of the Hayward 2040 General Plan, including the various implementation programs, contained a significant community outreach component. The Hayward e-plan, or web-based General Plan, is linked from the City’s website and periodically updated to include implementation program status. In addition, many of the individual implementation programs require community outreach and engagement prior to completion.

NEXT STEPS

If changes are requested by the Council to program language or established timeframes, staff will return to Council in the summer to formally request approval to amend the General Plan as directed. Over the coming months, staff will be working to update the status of implementation programs on the Hayward e-plan on the City’s website based on information Complete
20%
In Progress
53%
Not Started
27%
Aligned
57%
Not
Aligned
43%

provided in this report. On an annual basis, Development Services staff will continue to provide an update to the City Council on General Plan implementation progress.

Over the next few years, staff from various departments will continue to take the lead on the various programs, helping to implement the General Plan’s goals and policies.

Prepared by: Mira Hahn, Associate Planner

Recommended by: Sara Buizer, AICP, Deputy Development Services Director Jennifer Ott, Development Services Director

Approved by:
__________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

COMPLETE LIST OF GENERAL PLAN IMPLEMENTATION PROGRAMS
STATUS OF GENERAL PLAN IMPLEMENTATION PROGRAMS, MARCH 2022 The last column shows an asterisk (*) when a program connects with the City of Hayward’s Strategic Roadmap, followed by the specific project(s) with which it aligns.

Program Timeframe Status Notes Strategic Roadmap
GPA-1 General Plan Annual Report. The City shall
prepare and submit an annual report to the City Council that summarizes the implementation of the General
Plan, including the status of implementation
programs. The report shall also be submitted to the
Office of Planning and Research.

Annual In
Progress
Annual report to Council anticipated to be provided in
Spring 2022, which will also be submitted to the State
Office of Planning and Research.

GPA-2 General Plan Update. The City shall review and
update (as necessary) the General Plan every five years. 2020-2040 In
Progress
The City recently updated the General Plan to reflect new Vehicle Miles Traveled (VMT) CEQA thresholds and
reflect new Greenhouse Gas (GHG) emission reduction
targets and will be updating the City’s Housing Element in 2022.
* (Preserve,
Protect, and
Produce Housing
for All (9))
GPA-3 Master Plans, Strategies, and Programs
Updates. As part of its process to develop the Biennial Operating Budget, the City shall review a list of its
adopted master plans, strategies, and programs and
identify those that will be reviewed and updated, as
necessary. The City shall develop and maintain a
publicly available list of its adopted master plans,
strategies, and programs.
2014-
2016,
Ongoing
In
Progress
City staff has reviewed the list of master plans, strategies and programs and those identified to be reviewed and
updated were factored into Department Budgets. A list of adopted master plans, strategies and programs can be found on the City’s website.
* (Combat Climate
Change (9),
Improve
Infrastructure (8,
18B))
LU-1 Comprehensive Zoning Ordinance Update. The
City shall prepare a comprehensive update to the
Hayward Zoning Ordinance to ensure that the City's
zoning regulations align with the guiding principles,
goals, and policies of the General Plan.
2014-2016 Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City
priorities. Additional discussion anticipated with
budget priorities in 2022/23.
* (Preserve,
Protect, and
Produce Housing
for All (4d),
Grow the Economy
(9))
LU-2 Comprehensive Subdivision Ordinance
Update. The City shall prepare a comprehensive update
to the Hayward Subdivision Ordinance to ensure that
the City's subdivision regulations align with the guiding principles, goals, and policies of the General Plan.
2014-2016 Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City
priorities. Minor updates were made to the Subdivision Ordinance in 2017.

LU-3 Comprehensive Design Guidelines Update. The
City shall prepare a comprehensive update of the
Hayward Design Guidelines and the Hillside Design and
2017-2019 Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City
priorities. However, staff is currently working on

ATTACHMENT II

Urban Wildland Interface Guidelines. The guidelines
shall apply to commercial, residential, industrial, and mixed-use developments located outside of the City's
Priority Development Areas.
developing Objective Design Guidelines, which will
include potential updates to the City’s Off-Street Parking regulations; these efforts meet the intent of this
program.

LU-4 Downtown City Center Specific Plan. City shall
develop and adopt a Downtown City Center Specific
Plan.
2014-2016 Complete The City adopted the new Downtown Specific Plan and Development Code in 2019. * (Grow the
Economy (4, 4b))
LU-5 Priority Development Area Marketing
Strategy. The City shall prepare, implement, and
maintain a Priority Development Area Marketing
Strategy. Based on the findings of the strategy, the City shall develop an implementation program to promote
development opportunities within the City's Priority
Development Areas.
2017-
2019,
Ongoing
Not
Started
Although this program has not begun due to limited
staff and budget resources, the City did designate a
Priority Production Area for many of the existing
Industrially zoned areas in Hayward.
* (Grow the
Economy (1, 1a,
1b))
LU-6 Complete Neighborhood Strategy. The City shall
develop and implement a community outreach program
to identify various types of complimentary and
supporting uses that are needed and desired in each
Hayward neighborhood. Based on the findings of the
outreach program, the City shall develop an
implementation program to facilitate desired changes
within local neighborhoods.
2020-2040 Not
Started
The Planning Division recently completed a comprehensive update to the public stakeholder, neighborhood, and HOA contact list citywide and anticipates additional public outreach will be conducted later in 2022/2023 with the
development of Residential Objective Standards.
* (Grow the
Economy (10))
Support Quality of
Life (16h))
LU-7 "A" Street and Redwood Road Corridor Plan
Feasibility Report. The City shall coordinate with
Alameda County to explore the feasibility of preparing a master plan or specific plan for the "A" Street and
Redwood Road corridor. The City shall submit a
feasibility report to the City Council, and additional
actions shall be determined based on Council direction. 2020-2040 Not
Started

* (Improve
Infrastructure (1,
4, 4, 8, 8f))
LU-8 Hesperian Boulevard College Corridor Plan.

The City shall develop and adopt a master plan or
specific plan to enhance the Hesperian Boulevard
corridor.
2020-2040 Not
Started

LU-9 Corridor Beautification Plan. The City shall
develop and adopt a Corridor Beautification Plan as the key regulatory document for focusing future streetscape improvements along major streets and corridors
throughout the city.
2020-2040 Not
Started
* (Improve
Infrastructure (2),
Support Quality of
Life (2, 2a, 2b))

ATTACHMENT II

LU-10 Sign Ordinance Update. The City shall update
the Sign Ordinance.
2014-2016 Complete Completed in July of 2015
LU-11 Industrial Technology and Innovation
Corridor Plan. The City shall develop and adopt a
specific plan or master plan for the Industrial
Technology and Innovation Corridor.
2017-2019 Complete The City completed an update to the Industrial District zoning regulations and adopted new Industrial District
Design Guidelines in 2019.

LU-12 Grading and Clearing Ordinance Update. The
City shall update the Grading and Clearing Ordinance.
2017-2019 Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City priorities.

LU-13 Certified Local Government Program. The City
shall coordinate with the State Historic Office to initiate and complete the process for becoming a Certified Local Government under the National Parks Service historic
preservation program.
2020-2040 Not
Started

LU-14 Historic Districts Strategy. The City shall
prepare and submit applications to the State Historic
Office to establish National Park Service Historic
Districts for the Upper "B" Street neighborhood; "B"
Street Historic Streetcar District; Prospect Hill
Neighborhood; and the Downtown Historic District.
2020-2040 Not
Started

LU-15 State Historic Building Code. The City shall
develop and adopt an ordinance to allow the use of the
State Historic Code for the rehabilitation of historic
resources.
2014-2016 Complete Complete 1/14 with new code adoption

LU-16 Mills Act Program. The City shall develop and
adopt a California Mills Act Property Tax Abatement
Program.
2017-2019
Ongoing
In
Progress
The City Council established the Hayward Mills Act
Program on May 3, 2016. Information about the
program is available on the City's website.

LU-17 Historic Preservation Resource Center. The
City shall prepare and maintain a web-based resource
center to promote Hayward's local historic resources
and to provide resources and incentives to encourage
historic preservation.
2020-
2040,
Ongoing
In
Progress
The Planning Division has compiled resources to encourage historic preservation and will be preparing several handouts for the public in 2022.

LU-18 Alameda County Government Center Area
Plan Feasibility Report. The City shall coordinate with Alameda County to explore the feasibility of forming a
partnership to fund and prepare a master plan or
specific plan for the Alameda County Government
Center area. The City shall submit a feasibility report to 2020-2040 Not
Started

ATTACHMENT II

the City Council, and additional actions shall be
determined based on Council direction.

M-1 Multimodal LOS and Design Standards. The City
shall adopt multi-modal (LOS) and design standards and
a methodology that defines the process for determining
which non-vehicular transportation and transit
improvements will be implemented. The multimodal
LOS program, design standards, and methodology
should be consistent with those adopted by the
Alameda County Transportation Commission.
2017-2019 Complete This was presented to City Council for a public hearing and first reading on June 16, 2020, adopted, and was
effective beginning in July 2020. * (Improve
Infrastructure (1-
4e "Multimodal
Transportation))
M-2 Multimodal LOS Guidelines. The City shall update
its Traffic Study Preparation Guidelines to reflect the multi-modal Level of Service (LOS) policies, standards, and methodologies and to provide additional flexibility in implementing multimodal transportation
improvements.
2017-2019 Complete The City adopted new local Transportation Impact Assessment Guidelines and standards for requiring local level of service analysis, effective July 2020.
* (Improve
Infrastructure (1-
4e "Multimodal
Transportation))
M-3 Survey Transportation and Transit Gaps and
Barriers. The City shall prepare a study to identify
existing gaps and barriers in the transportation and
transit network. Based on the findings from the study,
the City shall prepare and submit recommendations to
the City Council on a set of priority investments for
inclusion in the Capital Improvement Program and/or
the Countywide Transportation Plan to address the
gaps and barriers.
2020-2040 Not
Started

* (Improve
Infrastructure (4,
4b, 4c, 4d, 4e))
M-4 Regional Connection Improvements. The City
shall work with the Alameda County Transportation
Commission, AC Transit, and adjacent communities to
identify better connections between city roadways,
pedestrian ways, bicycle facilities, and transit corridors and neighboring and regional transportation
networks. Based on findings from the study, the City
shall prepare and submit recommendations to the City
Council on priority improvements for better regional
transportation connections that should be included in
the Capital Improvement Program or Countywide
Transportation Plan.
2020-2040 Not
Started

* (Improve
Infrastructure (4,
4b, 4c, 4d, 4e))
M-5 Collision Data Reporting. The City shall prepare
and submit bi-annual reports to the City Council that
summarize traffic collision data at the top collision
2014-2016
Ongoing
In
Progress
This information is currently being presented on a
quarterly basis by HPD. * (Support Quality
of Life (16))

ATTACHMENT II

locations for automobiles, bicycles, and pedestrians, and recommend improvements where needed.

M-6 Complete Streets Assessment. The City shall
conduct a study of the existing street network to
identify streets that can be more complete. Based on
findings from the study, the City shall prepare and
submit recommendations to the City Council on a
priority list of complete streets improvements.
2020-2040 Complete In conjunction with ACTC, Hayward developed a Complete Streets Study that set out conceptual design
standards for various roadway typologies.
* (Improve
Infrastructure (1,
2, 5, 5a, 5b, 8, 8a,
8b, 8c, 8e))
M-7 Underused Rights-of-Way. The City shall conduct
a study to identify underused rights-of-way, such as
street lanes, open drainage facilities, and railroad
corridors, to convert to bikeways, pedestrian ways,
trails, and/or landscaping improvements. Based on
findings from the study, the City shall prepare and
submit recommendations to the City Council on
priorities to maximize the use of underused right-of-
way for non-motorized facilities or landscaping
improvements.
2020-2040 Not
Started

* (Improve
Infrastructure (8))
M-8 Complete Streets Evaluation. The City shall bi-
annually evaluate and report to the City Council on how well the streets and transportation network are serving each category of users.
2014-2016
Ongoing
Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City priorities. * (Improve
Infrastructure (1,
2, 5, 5a, 5b, 8, 8a,
8b, 8c, 8e))
M-9 Improved Traffic Flow Program. The City shall
work with Metropolitan Transportation Commission
and the Alameda County Transportation Commission to
plan and obtain funding for projects that improve traffic flow on arterials and reduce vehicle idling.
2017-2019 In
Progress
Multiple projects have been originated and grants obtained that work toward this purpose. The regional Hesperian Line 97 project installed adaptive traffic signals throughout the city within a major north/south corridor. The City has
obtained an Innovative Deployments to Enhance Arterials (IDEA) grant from the Metropolitan Transportation
Commission (MTC) that will allow for better monitoring
and adjustment of signal timing along three major corridors in Hayward, thus reducing vehicle idling. The City obtained Transportation Development Act (TDA) Article III funds
and funds from Alameda County Transportation
Commission (ACTC) for improvements on Patrick Avenue
and Gading Road. The Class IV Separated Bikeway on
Mission Blvd from Industrial Parkway and Harder Road is funded by a grant. The City has also received a grant to improve queuing and vehicle idling at the
Huntwood/Industrial and Huntwood/Sandoval signalized
intersections.
* (Improve
Infrastructure (2,
3, 4, 4a, 4b, 4c, 4d,
4e))

ATTACHMENT II

M-10 Traffic Calming Measures. The City shall
conduct a study to identify neighborhoods where
appropriate traffic-calming measures could help reduce
speeding and create safer streets. Based on findings
from the study, the City shall prepare and submit
recommendations to the City Council on priority streets for traffic calming measures.
2020-2040 Complete In July of 2018, the City Council adopted a Neighborhood Traffic Calming Policy which identifies a
process by which traffic calming complaints are
addressed. It also presents a robust toolbox which staff can utilize to address these complaints.
* (Improve
Infrastructure (2))
M-11 Pedestrian Master Plan. The City shall develop,
adopt, and implement a Pedestrian Master Plan that
includes a planned sidewalk system, pedestrian design
standards, and implementation program. As part of the
preparation of the Pedestrian Master Plan, the City shall review and incorporate (as appropriate) planned
improvements and programs identified in the Alameda
Countywide Pedestrian Plan that connect Hayward's
existing and planned pedestrian facilities to regional
walking and bicycle facilities. The Pedestrian Master Plan shall include a Safe Routes to Schools Plan, an ADA Transition Plan, and strategies to improve pedestrian
connections to parks, transit, and neighborhood
commercial, and service uses.
2017-2019 Complete Adopted by Council on September 29, 2020. * (Improve
Infrastructure (8))
M-12 Shuttle Service Study. The City shall conduct a
study to evaluate the feasibility of establishing shuttle services to address any unmet transit needs, to fill in gaps in service that are not being met by other transit providers, and to improve transit connections between
major transit stations and employment centers. Based
on findings from the study, the City shall prepare and
submit recommendations to the City Council relative to
the options for establishing such services in the city. 2017-2019 Complete The Shuttle Study evaluated the feasibility of six potential shuttle routes in Hayward. One route
extending from the proposed Lincoln Landing site
to BART, Southland Mall, Chabot College, and into the
southeast industrial area was carried forward and
presented to Council in the fall of 2018. A funding
shortfall has put the proposed project on hold.
* (Improve
Infrastructure (4))
M-13 Private Transportation Companies. The City
shall conduct a study to identify economic incentives for private transportation companies seeking to enhance
mobility in the Downtown, Priority Development Areas
(PDAs), corridors, employment centers, and other high-
intensity districts in the city. Based on findings from the study, the City shall prepare and submit
recommendations to the City Council on potential
incentives.
2020-2040 Not
Started

* (Improve
Infrastructure (4))

ATTACHMENT II

M-14 Transit Rider Information Study. The City shall
work with AC Transit to identify options for informing
transit riders of the availability and timing (e.g.,
headways) of public transit. Based on findings from the study, the City shall work with AC Transit to prepare
and submit recommendations to the City Council on
developing a transit information program.
2020-2040 Not
Started

* (Improve
Infrastructure (4,
4a))
M-15 Pedestrian Design Standard for Transit Stop.

The City shall work with AC Transit to develop and
adopt transit stop design standards for lighting,
walkways, streetscape furniture, and landscaping to
promote a feeling of safety at transit stops.
2017-2019 Complete The Alameda County (AC) Transit Multimodal Corridor Guidelines was published in April 2018. * (Improve
Infrastructure (4,
4a, 8))
M-16 Citywide TDM Plan. The City shall develop and
adopt a citywide Transportation Demand Management
(TDM) Plan, which could include strategies to reduce
peak-hour traffic, such as staggered work hours, flexible schedule options, and telecommuting from home
offices.
2017-2019 Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City priorities. * (Improve
Infrastructure (1))
M-17 City Employee Car/Bike Share Programs. The
City shall conduct a study that explores the
development of car-sharing and/or bike sharing
programs for City employees. Based on findings from
the study, the City shall prepare and submit
recommendations to the City Council about establishing
such programs.
2020-2040 In
Progress
The City was awarded a grant in 2017 to deploy and
promote car sharing at multiple locations throughout
the city. In the fall of 2019, the city returned the grant funds and closed the program after it was deemed
infeasible. Staff will continue to seek additional
opportunities for car and bike sharing as opportunities arise.
* (Improve
Infrastructure (4))
M-18 City Commuter Benefits. The City shall continue
to offer commuter benefits, such as Tran Ben or
Commuter Checks to City employees, and when
possible, expand or develop other commuter benefits
programs, such as parking cash-out or parking pricing
programs, or taking advantage of the new tax credit for biking to work.
2014-2016
Ongoing
In
progress
The City currently offers pre-tax payroll deductions for public transportation and/or parking options with P&A
Group. Staff evaluates options annually and will
continue to improve and expand the program when
possible.
* (Improve
Infrastructure (4))
M-19 TDM Amendments. The City shall amend
Administrative Rule 2.26 to reflect current
transportation demand management opportunities.
2017-2019 Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City priorities. * (Improve Infrastructure (1))
M-20 Off-Street Parking Regulations
Comprehensive Update. The City shall amend the Off-
Street Parking Regulations of the Municipal Code to
incorporate smart growth principles and to incentivize
2017-2019 Not
Started
The City has not begun this program due to limited staff and fiscal resources, along with other City
priorities. However, staff is currently working on
developing Objective Design Guidelines, which will
* (Improve
Infrastructure
(1a))

ATTACHMENT II

walking, biking, and public transit. The update shall consider the following changes: Creating a
single "blended" parking requirement for commercial
uses to facilitate future changes of use (i.e. changing a retail store to a restaurant);Providing requirements or incentives for bicycle parking; Allowing on-street
parking along the property's frontage to count towards
satisfying a portion of the property's off-street parking requirements; Setting parking maximums to limit the
amount of parking that can be built on a site; Creating parking preferences or incentives for residents who
rideshare or use low- or zero-emissions vehicles; and
Allowing property owners to develop and implement
parking demand management plans that consider ways
to reduce the need for off-street parking by using shared parking arrangements, valet parking services, paid
parking, and other appropriate techniques.
include potential updates to the City’s Off-Street Parking regulations; these efforts meet the intent of this
program.

M-21 Downtown Parking Management Plan. The City
shall prepare and implement a Downtown Parking
Management Plan. The preparation of the plan shall
consider the following: Adopting parking requirements
that are appropriate for a mixed-use, walkable, and
transit-oriented district; Creating a single "blended" parking requirement to facilitate future changes of use (i.e. changing a retail store to a restaurant or office space to residential);Establishing flexible parking
requirements to allow innovative parking solutions to
efficiently meet parking needs, including shared
parking, valet parking, and the implementation of
parking demand management strategies; Providing
dedicated parking spaces for car-sharing programs and
low- or zero-emissions vehicles; Establishing incentives to encourage car-sharing programs (e.g., receiving
credit for meeting the minimum "parking minimum" if
a car share program is included with the
project);Establishing paid parking with market pricing
strategies for public parking (on- and off-
street);Installing state-of-the-art parking meters that allow users to locate, reserve, and pay for parking with smart phone and mobile device applications; Adopting
policies to use parking revenues to fund Downtown
improvements and enhancements; and Establishing
2017-2019 Complete In July 2018, the City Council adopted a Downtown Parking Program. While it does not encompass all the
activities described in the program language, it did
establish consistent time restrictions, enforcement
policies and provides remedies for merchants and
residents who live in the downtown. The City is in the
process of fully implanting the plan.
* (Improve
Infrastructure
(1a))

ATTACHMENT II

bicycle parking requirements and incentives. The
Parking Management Plan may be prepared in
conjunction with the Downtown Specific Plan (see
Program 7 of Table LU-1).

M-22 Truck Routes Study. The City shall conduct a
study of the Surface Transportation Assistance Act
(STAA) truck routes and local truck routes (i.e. Hayward Traffic Code Section 6.11) to evaluate and confirm the
optimal network for truck traffic through and within the city. Based on findings from the study, the City shall prepare and submit recommendations to the City
Council on an appropriate system of truck routes.
2020-2040 Not
Started

M-23 Transportation Impact Fees. The City shall
prepare a Development Impact Fee Feasibility Study
and Nexus Report to assess the potential for
establishing development impact fees for local
transportation improvements, and if deemed
appropriate by City Council, regional transportation
improvements. Based on the findings of the Feasibility Study and Nexus Report and direction from the City
Council, the City may prepare and adopt an Impact Fee
Ordinance for transportation improvements.
2017-2019 In
Progress
The City has completed a Nexus Report and is in process of preparing an ordinance for City Council approval by June 30, 2022.
* (Improve
Infrastructure (3))
ED-1 Economic Development Strategic Plan Annual
Report. The City shall submit an annual report to the
City Council that evaluates the implementation of the
Economic Development Strategic Plan.
2014-
2017Annu
al
In
Progress
The Economic Development Division planned to bring
forward an updated strategic plan in incremental segments.

In the Fall of 2019, the Economic Development Division
presented an updated Marketing and Branding Strategy and planned to continue updating the business attraction,
retention, and expansion elements of the strategic plan.

However, these efforts were delayed due to the need to
pivot toward COVID-19 response and recovery program
implementation efforts. ED staff developed and brought
forward a COVID-19 Economic Recovery Strategy in
2022, which is funded by ARPA dollars. This plan included a suite of recovery initiatives that will be the focus of the Division’s efforts across the next 3 years.
* (Grow the
Economy (1, 1a,
1b))
ED-2 Branding and Marketing Program. The City
shall develop and maintain a branding and marketing
strategy and materials to promote Hayward and
maximize the effectiveness of the City's communication
materials and website.
2014-
2016,
Ongoing
Complete The branding and marketing strategy was completed and launched in 2016. Updates to the strategy and content are ongoing. Regular updates are made to materials to be
consistent with the latest market and business trends. In 2020, staff updated the Branding and Marketing Plan,
which included new work tasks to continue promoting
* (Grow the
Economy (1, 1a,
1b, 14, 14a, 14b))

ATTACHMENT II

Hayward to targeted industries. As part of the COVID-19 Economic Recovery program efforts, a new marketing
campaign “Hayward Open for Business” will be launched
to encourage customers return to Hayward restaurants and retail stores. Marketing efforts to showcase the growing Biotech industry in Hayward are also scheduled for 2022.

ED-3 Energy and Sustainability Businesses Program.

The City shall coordinate with the Chamber of
Commerce and the East Bay Economic Development
Alliance to develop a program that supports and
attracts businesses in the renewable and energy-
efficiency sector to Hayward.
2017-2019 Complete The City of Hayward's adopted the Concierge Program to actively recruit Clean Energy and Technologies as a
targeted industry for the program. Businesses within
this industry can take advantage of the program and its services including site selection assistance,
development assistance, and business and workforce
assistance. The City also partners with the East Bay
Economic Development Alliance (EDA) to attend
industry sector events to attract more clean energy
businesses to Hayward and the region. Recruitment of
clean energy businesses is ongoing.
* (Combat Climate
Change (1, 1c, 4, 5,
5a, 5b))
ED-4 Business Resource Center and Website. The
City shall develop and maintain a business resource
center and website.
2014-
2016,
Ongoing
Complete Economic Development developed the City's Business Ombudsman and Business Concierge program and
division website to serve as a resource center to
businesses. Maintenance of these materials and
implementation of these services are ongoing. Staff
assists with location services, workforce services and
other individual assistance as needed by the business
community. Additional updates to the Economic
Development business webpages and printed brochures
will occur as new state, federal and city programs and
resources become available. These efforts are currently on hold as staff focus on implementation of COVID-19
recovery program.
* (Grow the
Economy (14a))
ED-5 International Business Program. The City shall
develop and promote an international business
program to expand and diversify the economic base of
Hayward and to promote businesses that reflect the
cultural diversity of the Hayward community.
2020-
2040,
Ongoing
Complete The Hayward Business community represents the cultural diversity of the community. Through the implementation of the Small Business Assistance grants and the COVID-19 Recovery Effort programs, staff uses equity practices to ensure that all efforts are taken to support those businesses that are owned and operated by minority business owners that traditionally do not have access to other capital means or programs. These efforts were recognized by the
International Economic Development Council with an
Award of Excellence for the efforts of the Economic
Development Division. In addition, the City launched the * (Grow the
Economy (14))

ATTACHMENT II

Together for Tennyson initiative, which established a
marketing campaign and website to promote the diverse set of businesses in the Tennyson Corridor. This included a business directory and interactive map featuring businesses.

ED-6 Industrial Technology and Innovation
Corridor Marketing Strategy. The City shall develop
and maintain a branding and marketing strategy to
promote economic investment and business and
development opportunities within the Industrial
Technology and Innovation Corridor.
2020-
2040,
Ongoing
Complete With the publication of the Industrial Corridor Innovation and Technology Study in 2015, the City of Hayward
identified the importance of maintaining and supporting the six major industry clusters that existed in our Industrial area.

New regulations that fostered and promoted the growth of these new technology clusters were needed to bring the
zoning regulations in line with the needs of the changing market. Following the adoption of new industrial zoning district regulations in Spring 2019, Economic Development staff developed and implemented a plan to promote the new regulations and increase awareness of development
opportunities. In 2019 and 2020, this included personal engagement with owners of vacant land and buildings,
industrial real estate brokers, industrial trade associations and developers. These efforts, combined with strong
industrial real estate market conditions, led to major
redevelopment proposals including the former Gillig,
Berkeley Farms and Conxtech sites on Clawiter. Work to
market the industrial corridor will continue to be an ongoing task.

ED-7 Local Hire Incentives. The City shall develop a
package of business incentives (e.g., reduced business
license fees) to encourage Hayward businesses to hire
local residents.
2014-2016 Not
Started,
to begin
late 2022
As part of the COVID Economic Recovery programs
adopted by the City, a new program is slated to be
implemented in year 2 & 3 of the budget. The Hire
Hayward program establishes a rebate grant program that provides financial incentive to businesses that hire and maintain employment of a Hayward resident. Businesses
would be required to offer a minimum hourly wage of
$15.00 per hour. The rebate incentive would be to be
businesses and would be a rebate a percentage of wages up to a maximum threshold for hiring a Hayward resident. The rebate period would run for the first eight weeks of the resident’s employment to account for training and
onboarding costs.

* (Grow the
Economy (14))
ED-8 Business Incubator Study. The City shall partner
with the Hayward Chamber of Commerce, local business
organizations, and college business programs to explore 2017-2019 In
Progress
Research on business incubators, including best practices and common funding mechanisms was started in 2020.

However, these efforts were placed on hold as COVID-19

ATTACHMENT II

the feasibility of establishing a business incubator. The City shall submit a feasibility report to the City Council and additional actions shall be determined based on
direction from the City Council.
response and recovery efforts were prioritized. Economic Development staff have engaged with California State
University (CSU or Cal State) East Bay to explore
partnership opportunities. CSU East Bay is constructing a CORE building, which will be a Hub for Entrepreneurship.

This business incubator will provide a nexus for students and faculty to explore innovations that will propel the creative economy into the next generation. Construction is to be completed in 2022.

ED-9 Business Attraction, Expansion, and Retention
Program. The City shall develop a comprehensive
business attraction, expansion, and retention program.
2014-
2016,
Ongoing
Complete Business attraction, expansion and retention is an ongoing process in the City of Hayward. Staff monitors reports on industry trends, sales tax leakage reports, vacancy reports, and other resources to determine what the current need is for the business community. Through the City’s award-
winning Business Concierge Service, staff also works with other City departments in identifying those businesses that are looking to expand their operations and to ensure the process for those expansions is a positive experience for the business. Staff is currently working with the broker
community to identify new tenants for the Kmart site,
Lincoln Landing, SoHay, and other new retail spaces
currently under construction.
* (Grow the
Economy (13))
ED-10 Town-Gown Economic Partnership. The City
shall coordinate with Chabot College and California
State University, East Bay to develop a formalized
Town-Gown Economic Partnership.
2014-2016 In
Progress
In late 2019, Economic Development staff began
actively identifying and meeting with California State
University (CSU) East Bay and Chabot College student
associations and groups in order to identify student
needs and develop a Town-Gown or "College
Connection" program. The goal was to partner to
produce "Shop Local" promotions and special events
targeting students. Completed tasks included
organizing and facilitating a focus group of over 25
college students to discuss their shopping patterns and preferred retailers. However, promotional and special
event planning efforts were delayed due to the COVID-
19 pandemic, which resulted in business and campus
closures and prohibitions on mass gatherings. These
efforts are currently on hold due to lack of staff capacity and efforts to focus on the implementation of COVID-19
Recovery programs.

ATTACHMENT II

ED-11 Town-Gown Economic Strategic Plan and
Annual Report. The City shall coordinate with Chabot
College and California State University, East Bay to
develop a Town-Gown Economic Strategic Plan that
focuses on enhancing the college-town economy and
culture of Hayward. The City shall submit an annual
report to the City Council that evaluates the
implementation of the Strategic Plan.
2017-
2019,
Ongoing
In
Progress
Town-Gown Economic Strategic Plan efforts were delayed
as priorities shifted to COVID-19 response and
recovery. Formal work on the Town-Gown Strategic Plan is currently on hold due to lack of staff capacity as the focus has shifted towards the implementation of COVID-19
Economic Recovery programs.

ED-12 Customer Service Survey. The City shall
develop and maintain a customer service survey to
evaluate and identify opportunities to improve permit
procedures and the customer service of the
Development Services Department and Finance
Department (business license permitting). Surveys will be sent to applicants after permits for the project are approved/denied.
2014-
2016,
Ongoing
In
Progress
Surveys are regularly sent to customers and available at City Hall for an evaluation of the City’s customer service.

Development Services and Permit Center released a survey in Spring 2019, and after a pause due to the first COVID-19 closure, the City resumed soliciting customer feedback on ways to improve and expand customer service delivery in response to the ongoing COVID pandemic.
* (Support Quality
of Life (16a))
ED-13 Permit Processing Software. The City shall
upgrade its Development Services permit processing
software to streamline review, allow the submission of
electronic applications, reduce costs, and monitor
processing time.
2014-
2016,
Ongoing
In
Progress
The City has started the process of updating our licensing and permit review software with EnerGov to help
streamline process review. Staff expects this project to be completed in Fiscal Year 2022/23.
* (Improve
Organizational
Health (15b))
ED-14 Ombudsperson Service. The City shall develop
an ombudsperson service to assist commercial and
industrial business and new development applicants
with the City's permit and entitlement process, and to
provide coordination assistance with utility providers
and other regulatory and permitting agencies.
2014-2016 Complete Completed in September 2015.
* (Grow the
Economy (13))
ED-15 Cultural Commission. The City shall establish a
Cultural Commission to coordinate the efforts of various arts, culture, and historical groups within Hayward and to assist with cultural event planning reflective of
Hayward's diversity. The Commission shall also
evaluate funding mechanisms for public art and
performance projects.
2020-2040 In
Progress
Staff recognizes the important economic impact of arts and culture on both quality of life for residents and the attraction of new businesses for the local economy. Efforts have
begun to identify both short-term and long-term projects for the City to bring an increased presence of art and cultural events to the community. Economic Development has
increased support to other organizations that have created cultural events held in the downtown such as the Mariachi Festival, Russell City Blues Festival, Oktoberfest and a Latin Jazz Festival. In 2019, Economic Development
established a Special Events Grant Support program, which was reviewed by the Council Economic Development
Committee (CEDC) and City Council. This program

ATTACHMENT II