Council Packet — Hayward City Council, May 17, 2022 (part 1 of 2)

Tuesday, May 17, 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

May 17, 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/85775646866?pwd=eUdKd0E4empscVdFVDZyQytNOFJZQT09 Meeting ID: 857 7564 6866
Password: CC5/17@7pm
or
Dial: +1 669 900 6833 or +1 253 215 8782 or 877 853 5247 (Toll Free) Meeting ID: 857 7564 6866
Password: 4862406374
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Mayor Halliday

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

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May 17, 2022City Council Agenda

PRESENTATION
National Police Week & Peace Officer’s Memorial Day 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 comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff.

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
Approve the City Council Meeting Minutes of the City Council Meeting on April 26, 2022
MIN 22-0651.

Attachments: Attachment I Draft Minutes of 4/26/2022
Approve the City Council Meeting Minutes of the City Council Meeting on May 3, 2022
MIN 22-0662.

Attachments: Attachment I Draft Minutes of 5/3/2022
Adopt a Resolution Authorizing the City Manager to Execute a Five-Year Agreement With Axon Enterprises Inc. to Purchase Axon Fleet 3 In-Car Dash Cameras for Fifty-Three Patrol Vehicles and with Auto-Tagging Subscription(s) for Officers in an Amount Not-to-Exceed $785,518
CONS 22-2663.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III HPD Policy 429

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May 17, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 5 Increasing the Professional Services
Agreement with Advanced Mobility Group, Inc., by $200,000 for a Total Not-to-Exceed Amount of $632,500 for Various On-Call Traffic Engineering Design and Related Services CONS 22-2704.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Appropriation of Revenue from the Policy Planning Fee in the Amount of $244,250 for the Next General Plan Update and Other Future Planning Projects CONS 22-2755.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Approve a $75,000 Grant and a $50,000 Small Business Loan to Tap and Snack LLC, (DBA Arthur Mac’s Tap and Snack) to Assist in the Construction and Establishment of a New Full-Service
Restaurant and Outdoor Beer Garden at 1060 B Street
CONS 22-2786.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency
CONS 22-2807.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Accepting the Resignations of Ms. Reanne Meighan, Mr. Adithya Naresh and Mr. Raul Chavez from the Keep Hayward Clean and Green Task Force, Effective
Immediately
CONS 22-2828.

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

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May 17, 2022City Council Agenda
Adopt Resolutions Authorizing the City Manager to Execute Agreements with the Alameda County Health Care Services Agency and the Hayward Unified School District to Accept and Appropriate $227,150 and $120,000, Respectively, for
School-Based Mental Health Services Provided by the City of Hayward in Fiscal Year 2022 Through 2023
CONS 22-2839.

Attachments: Attachment I Staff Report
Attachment II ACHCSA Resolution
Attachment III HUSD Resolution
Attachment IV Program Data
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $50,000 in Funding from Edward Martins or the Donna L and Edward E Martins Foundation to Support
Library Services and Programs
CONS 22-29510.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the Sole Source Purchase of Submersible Wastewater Pumps for Use at the Valle Vista Lift Station in an Amount Not-to-Exceed $331,893.60
CONS 22-29811.

Attachments: Attachment I Staff Report
Attachment II Resolution

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May 17, 2022City Council Agenda

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

FY 2023 City Budget: Proposed Fiscal Year 2023 Operating Budget Work Session #2 (Report from Finance Director
Claussen)
WS 22-01312.

Attachments: Attachment I Staff Report
Capital Improvement Program: Review of Recommended
Capital Improvement Program for FY 2023 - FY 2032 (Report from Director of Public Works Ameri)
WS 22-01113.

Attachments: Attachment I Staff Report

PUBLIC HEARING
Traffic Impact Fees: Adoption of a Resolution Adopting a Nexus Study and Introduction of an Ordinance Adding Article 30 to Chapter 10 of the Hayward Municipal Code Regarding Traffic Impact Fees for Developers (Report from Director of Public Works Ameri)
PH 22-02714.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III TIF Ordinance
Attachment IV Nexus Study

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

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

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May 17, 2022City Council Agenda
City Council Referral: Request to Support Reproductive Justice for All Residents (Referral from Council Members Wahab, Andrews and Márquez)
RPT 22-05115.

Attachments: Attachment I Council Referral

ADJOURNMENT
NEXT MEETING, May 24, 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.

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-065
DATE: May 17, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Meeting Minutes of the City Council Meeting on April 26, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of April 26, 2022.

SUMMARY
The City Council held a meeting on April 26, 2022.

ATTACHMENTS
Attachment I Draft Minutes of April 26, 2022
CITY OF HAYWARD Printed on 5/13/2022Page 1 of 1
powered by Legistar™

The City Council meeting was called to order by Mayor Halliday at 7:00 p.m. The City Council held a hybrid meeting which included in -person and teleconference participation by members of the City Council, staff and public.

Pledge of Allegiance: Council Member Wahab

ROLL CALL

Present:

Council Chamber: Council Members Lamnin, Zermeño, and Mayor Halliday Virtual Platform (Zoom): Council Members Andrews, Márquez, Salinas, Wahab

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on April 25, 2022, at 6:00 p.m., with all members present, regarding public employment pursuant to Government Code section 54957 concerning the City Manager’s annual performance evaluation. Mayor Halliday noted there was no reportable action regarding the item.

The City Council convened in closed session on April 26, 2022, at 5:00 p.m., with all members present, regarding two items: (1) conference with legal counsel pursuant to Government Code section 54956.9 concerning Robert Corona v. Ci ty of Hayward; Claim No. 202100142HAY, Workers’ Compensation Appeals Boa rd Case No . ADJ14347418 ; and (2) public employment pursuant to Government Code section 54957 concerning the City Attorney’s annual performance evaluation. City Attorney Lawson announced the Council unanimously approved, with Council Member Márquez moving and Council Member Zermeño seconding, settlement of the negotiations. Mayor Halliday announced the Council did not take action related to the second item.

PUBLIC COMMENTS

Mr. Alexis Villalobos shared public members were present at the meeting to speak on the military equipment use policy.

CITY MANAGER’S COMMENTS

City Manager McAdoo made three announcements: 1) the Hayward Public Library received a distinguished service award from the Alameda County Bar Association in recognition of the Lawyers in the Library program; 2) Hayward’s first LitHop celebrating Independent Bookstore Day and Poetry Month on April 30th would start with an event at the Heritage Plaza 2 | A p r i l 26 , 202 2
with Hayward’s Firs t Yout h Poet Laureate, Germani Latchiso n, include several events in downtown venues and conclude with a reception at the Sun Gallery; and 3) online Celebration of Life event on April 30 th for former Library Director Marilyn Baker-Madsen, who passed away in January.

CONSENT

1. Adopt a Resolution Awarding a Contract to Bay Cities Paving & Grading, Inc., for the FY22 Pavement Improvement Project, Project No. 05239, in the Amount of $9,528,117 and Authorizing an Administrative Change Order Budget of $1,671,883 CONS 22-216

Staff report submitted by Director of Public Works Ameri, dated April 26, 2022, was filed.

It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-095, “ Resolution Awarding a Contract to Bay Cities Pavi ng & Grading, Inc., for the FY22 Pave ment
Improvement Project, Project No. 05239”

2. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with H ayward Area Recreation and Parks District and Hayward Unified Schoo l District to Fund and Administer the Youth Commission CONS 22-221

Staff report submitted by City Manager McAdoo, dated April 26, 2022, was filed.

It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-096, “Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Unde rstanding with the Hayward Area Recreation and Parks District and Hayward Unified School District to Administer the Youth Commission”

3. Adopt Resolutions 1) Approving the Project Funding Agreement between the City of Hayward and the Alameda County Transpor tation Commission; and 2) Approving the Cooperative Agreement with the California Department of Transportation for the Implementation of the Scoping Phase of the SR -92 Clawiter -Whitesell Interchange Upgrade Project CONS 22-223

Staff report submitted by Director of Public Works Ameri, dated April 26, 2022, was filed.

It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-097, “Resolution Authorizing the City Manager to Execute the Project Funding Agreement with Alameda County Transportation Commission (ACTC) for the Obligation of Funds for the SR-92 Clawiter Whitesell Interchange Upgrade Project”

Resolution 22-098, “Resolution Authorizing the City Manager to Execute the Cooperative Agreement with the California
Department of Transportation (Caltrans) for the Implementation of the Scoping Phase of the SR-92 Clawiter-Whitesell Interchange Upgrade Project”

4. Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the FY22 Sidewalk Rehabilitation and Wheelchair Ramp Project, Project No. 05318 CONS 22-225

Staff report submitted by Director of Public Works Ameri, dated April 26, 2022, was filed.

4 | A p r i l 26 , 202 2
It was moved by Cou ncil Member Zermeño, seconded by Cou ncil Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-099, “ Resolution Approving Plans and
Specifications for the FY22 Sidewalk Rehabilitation and Wheelchair Ramp Project No. 05318 and Call for Bids”

5. Adopt a Resolution Approving the Transfer and Appropriation of $416,000 for the Hayward Police Department Locker Room Project, Project No. 07420 CONS 22-230

Staff report submitted by Director of Public Works Ameri, dated April 26, 2022, was filed.

It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-100, “ Resolution Approving the Transfer and Appropriation of $416,000 for the Hayward Police Department Locker Room, Project No. 07420”

6. Adopt a Resolution Approving Plans and Spe cifications and Calling for Bids for the Keyways Grading Project, Project No. 06914 at La Vista Park CONS 22-251

Staff report submitted by Director of Public Works Ameri, dated April 26, 2022, was filed.

It was moved by Cou ncil Member Zermeño, seconded b y Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-101, “ Resolution Approving Plans and
Specifications, and Calling for Bids for the Keyways Grading Project, Project No. 06914 for the La Vista Park”

7. Adopt a Resolution Approving the Project List for FY23 Road Repair and Accountability Act Funding for the FY23 Pavement Improvement Project CONS 22-252

Staff report submitted by Director of Public Works Ameri, dated April 26, 2022, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-102, “Resolution Approving Project List for FY23 Road Repair and Accou ntability Act Funding for the FY23 Pavement Improvement Project”

8. Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning Certain Property to Planned Development District in Connection with Zone Change, Vesting Tentative Map and Disposition and Development Agreement Application No. 202003054 for Parcel Group 5 Bunker Hill Development by Trumark Properties LLC CONS 22-255

Staff report submitted by City Clerk Lens, dated April 26, 2022, was filed.

It was m oved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution. 6 | A p r i l 26 , 202 2

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Ordinance 22-03, “An Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning Certain Property to Planned Development District in Connection with Zone Change, Vesting Ten tative Map and Dis position and Development Agreement Application No. 202003054 for Parcel Group 5 Bunker Hill Development by Trumark Properties LLC the City Council of the City of Hayward Does Ordain as Follows”

9. Adopt an Ordinance Amendi ng Article 4, Chap ter 10 of the Hayward Municipal Code by Amending Section 10 -4.56 Related to Precise Plan Lines for Rockaway Lane from “A” Street to Russell Way CONS 22-256

Staff report submitted by City Clerk Lens, dated April 26, 2022, was filed.

It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Ordinance 22-04, “ An Ordinance of the City of Hayward, California Amending Article 4, Chapter 10 of the Hayward Municipal Code by Amending Section 10-4.56 Related to Precise Plan Lines for Rockaway Lane from “A” Street to Russell Way”

WORK SESSION

10. AB 481 Polic y Review: Council Work Session to Review Proposed Policy Regarding the Hayward Police Department’s Funding, Acquisition, and Use of “Military Equipment”, as Defined by Assembly Bill 481 WS 22-010

Staff report submitted by Chief of Police Chaplin, dated April 26, 2022, was filed.

Police Chief Chaplin introduced the staff report and Deputy Police Chief Mathews provided a synopsis of the staff report.

City Manager McAdoo indicated the Work Session was not a request for the City Council to consider the purchas e of new equipment and noted Assembly Bill 481’s requirements sought Council’s approval of continued use of equipment currently in Hayward Police Department (HPD) inventory.

Mayor Halliday opened the public comment section at 7:29 p.m.

Mr. Zachariah Oquend a, Chief’s Advi sory Panel (CAP) member , referred to a le tter he submitted which provided three categories of military equipme nt used by H PD with suggestions for continued use as well as to eliminate fo r financial savings and safety reasons; and noted this was context for the need of a civilian oversight commission.

The following speakers expressed su pport in requesting the City Council give clear direction to s taff to meet Hayward Community Coalition ’s (HayCoCoa’s) three demands:
demilitarize Hayward Polic e Department, redistribute funds allocated towards mil itary equipment to other community services and resources, and create an ind ependent civilian police oversight body. The speakers also noted they would participate in HayCoCoa’s work session report card and assess each Council member’s response and in struction to st aff related to the three demands. Some speakers also stated the 1.5 m illion dollars cost in HPD’s military equipment did not include additional costs related to training and chem ical weapons. Some sp eakers s poke about deficiencies in the proposed policy such as lack of equipment limitation, does not in corporate limitation on the use of chemical agents and impact rounds, excludes traini ng required for the equipment, does not outline authoriz ed or prohibition uses o f the equipment . Some s peakers suggested diverting fundings to community needs such as affordable housing, food, mental health resources, school resources, and civic programs.

Mr. Malcolm Leggett
Ms. Lyra King, Hayward resident
Ms. Pamela Low, Hayward resident
Ms. Daisy Maxion, Hayward resident, CSUEB alumni, Filipino Advocates for Justice organizer Ms. Guadalupe Angulo, Hayward resident, HUSD Parent Ambassador, HayCoCoa member Mr. George Syrop, Hayward resident, HayCoCoa member, Community Services Commissioner Ms. Cynthia Nunes, cousin of deceased Augie Gonzalez, HayCoCoa member, community organizer Ms. Eileen Syrop, Hayward resident
8 | A p r i l 26 , 202 2
Ms. Arienna Castellano, Hayward resident, social worker, CSUEB alumni, HayCoCoa member Mr. Jesse Gunn, Hayward resident, HUSD teacher, HayCoCoa member Ms. Elisha Crader, Hayward resident, HayCoCoa member
Ms. Vanessa, Hayward resident, HayCoCoa member
Mr. Collin Thormoto, Community Services Commissioner
Mr. Alexis Villalobos, Hayward resident
Mr. David Herrera, Hayward resident
Mr. Drew Balthazor, Hayward resident
Ms. Carmen Gonzalez, Hayward resident and educator
Ms. Rosy Hearts, Hayward resident
Ms. Jacqueline Chan, Hayward resident
Mr. John Lindsay-Poland, American Friends Service Committee member, noted the proposal should include training in the annual cost, asked Council to instruct on prohibitions of equipment use for situations that should not be permitted , and urged Council to take time to discuss the proposal with staff and constituents before deciding.

Mr. Kevin Dowling , Hayward resident, supported the equipment used by HPD as officers respond to hostage situation s and requested that HPD’s S pecial Response Unit share a detailed report of incidents they have encountered from the last five years to demonstrate the type of fire power officers are facing on the streets.

Ms. Jennifer Esteen asked Council to create a police oversight body , recommended against funding and militarization of HPD, and suggested to divert funds for housing and food needs.

Ms. Jade, Hayward employ ee, request ed Council deny the proposal until funding is made clear; and requested that Attachment IV (HPD Equipment List) state that there would be no maintenance cost because Hayward is co mmitted to demilitarization, or place a cap on increasing, maintaining, or repairing equipment.

Ms. Theresa, Hayward Concerned Citizens’ representative, opposed the two demands made by HayCoCoa to demilitarize HPD and to redirect funding; supported havi ng an independent police community group; favored increasing funding for community services, but not diverting funds from the Police to mental health; and noted that in extre me cases, having extra force for HPD may be necessary to protect Hayward businesses.

Mr. Todd Davis, Hayward resident, NAACP member, former commissioner, urged Council to inquire the need to have military style weapons and request recent examples of instances justifying the need for weaponry, urged th at funds used for training and maintenance/replacement be redirected to mental health services, affordable hous ing,

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/87686691168?pwd=enMvK25Vdk5tT1d4OEc2VTNkaTFPUT09 Tuesday, April 26, 2022, 7:00 p.m.
resources and creating an independent civi lian po lice oversight body , and reimagine a system that does not prey on citizens but supports them.

Ms. Artavia Berry, Community Ser vices Commission Chair, stressed the importance of placing the highest value on all human li fe, requested that all military grade equipm ent be eliminated from HPD’s toolkit, reimagine how to create a safe environment and fund needs in the community, and urged to study models in other nations.

Ms. TJ, Hayward Concerned Citizens ’ member, stated HPD officers have the training , judgement, and over sight of equipment to do th eir job and respond to critical incident situations consistent with practice across the state and expressed support for HPD, trusting they would continue to be transparent and protect the community.

Ms. Suzanne, Hayward resident , Hayward Concerned Citizens ’ member, urged Council to consider the dangerous situations that officers face daily and consider the types of weapons presently on the streets such as ghost guns, and requested that Council allow HPD t o serve and uphold the safety of the community.

Mayor Halliday closed the public comment section at 8:40 p.m.

The City Council took a recess and Mayor Halliday reconvened the meeting at 8:46 p.m.

Mayor Halliday indicated staff confirmed the meeting was livestreaming via YouTube.

Members of the City Council thanked staff for the presentation and appreciated public members who spoke in favor and a gainst th e proposed policy regarding HPD’s f unding, acquisition, and use of “military equipment”, as defined by Assembly Bill 481 . Members of the City Council concurred it would take time to vet the proposed polic y and educate community members.

Discussion ens ued among mem bers of the City Coun cil and City staff regard ing the following: salary savings from HPD were used to fund m ental health through the Hayward Evaluation and Response Teams ( HEART) program and staff was working to expand the program; status of the Chief’s Advi sory Panel (CAP) and t he plan to meet on a quarter ly basis; the “military” term is used because the state legislation defines and categorizes the police equipment as such; Assembly Bill 481 requires Council to approve an ordinance authorizing the conti nued use of the classified equipment, choosing not to authorize, or authorizing certain equipment and continuing discussion of other equipment; the ordinance would be approved every year and misuse of the equipment would be cause to modify the ordinance in order to ensure compliance; HPD equipment list compared with other agencies of comparable size; plans for the community engagement as required by Assembly Bill 481 ; overview of Council’s commitment towards community policing an d re imagining policing, noting there were specific initiatives such as the HEART program, changes to the Dispatch Center, the Peop le’s B udget, the Complaint Liaison Program, review of HPD’s training 10 | A p r i l 26 , 202 2
curriculum, expansion of the Internal Affairs Division and changes to the Use of Force policy; HPD’s approximately 50 vacancies included police officers, dispatchers and professional staff; responsibilities of the military equipment coordina tor as outlined in Poli cy 706 and corroboration with the Deputy Police Chief to deploy needed equipment; misuse of equipment would be handled by Internal Affairs and, if criminal, handled by the Alameda County District Attorney’s office; the Alameda County S heriff's Office serves as the mutual aid coordination agency for the county and maintains a master list of regional equipment and each law enforcement agency’s capabilities in case of a major event; prior budget for HPD equipment replacement in the C apital Improvement Program; tear gas and pepper spray use; and HPD equipment (avatar tactic robot, mini unmanned aerial system (UAS), armor personnel carrier, Penn Arms 40mm launcher ; and collaborating with other law enforcement agencies and pooling resources for response to a large incident.

Council Member Zermeño shared that residents want to feel safe and be assured HPD is ready to respond to emergency situations; noted HPD salary savings are being used for community resources; added the role of the CAP could be improved; noted HPD is not purchasing new equipment; asked staff to develop an equipment list in HPD ’s inventory and have a list of comparable agencies in the Bay Area; and expressed he was satisfied with the police force noting it was not a military police force.

Council Member Márquez directed staff to break down the categories, include concrete details in the pol icy indicating circumstances when the equipment would be deployed and prohibited and provide recent examples of its use ; added she did not wish to exp and the categories to include more equipment; added the proposal needs to be vetted through more Council work sessions or the Council Infrastructure Committee; supported reassessing the use of the CAP and noticing its meetings with more structure; and spoke of the need for more public education on the topic.

Council Member Lamnin suggested having more than one com munity meeting where community mem bers c ould see equ ipment discussed to the extent safe; referred to El Dorado’s policy and supported including language on prioritizing community safety and life, and listing specific uses and prohibitio ns; commented the City’s polic ies on peaceful protesting should align with the proposed policy; supported the annual review of the policy; looked forward to the next steps for CAP and the potential to holding meetings as Brown Act meeting bodies; favored having established responses for specific incidents; noted the policy was missing information such as alternatives to the equ ipment, what happens if not used , hazards of use, and who would be the independent deciding body; and urged staff to provide multilingual access for future community meetings.

Council Member Andrews asked that the item be added to a future Council Infrastructure Committee meeting for further discussion; asked that CAP meeting minutes/summary notes be made available; asked to have a work session related to CAP’s structure; asked additional information on how the independent reviewer would be determined; proposed having a risk register which would help detail the risk associated with the use of certain type of equipment versus the risk of not permitting its use as an evaluation tool to decommission uses; requested

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/87686691168?pwd=enMvK25Vdk5tT1d4OEc2VTNkaTFPUT09 Tuesday, April 26, 2022, 7:00 p.m.
that staff share information on funds allocated toward mental health and affordable housing and in comparison to the cost of military equipment and training; requested that staff provide top situations where HPD would need to use military equipment and provide information as to what could occur if the equipment was not available regionally; and suggested that Access Hayward could have a specific field for ad dressing complaints about the use of a specific equipment.

Council Member Salinas suggested that law enforcement agencies with in the county could maintain an inventory list of equipment that could be used regionally; agreed with Council Member Andrews tha t a risk register could be a good tool to show the community what equipment was in use, the benefits, and potential risks of not having them available; shared the approval process was not intended to be an opportunity to militarize HPD; noted the CAP and the Council need to work in partnership to have a robust approval process based on thorough evaluations and community input; noted the role of the CAP needs to be evaluated and redefined to allow for public participation; and directed staff to bring forth a clear process and allow for discussion on the City’s needs to keep neighborhoods safe.

Council Member Wahab requested that staff add more weapons to the HPD Equipment List utilized by HPD to assess their use; mentioned it was important to have data/statistics on the usage of any equipment and address effectiveness in combatting problems; noted the issue with civil oversight bodies was the limitation with enforcing their findings and appointment structure; indicated the authorized use language needs t o be clarified to include usage, circumstance, training, data, and deployment; recommended reassessment of the equipment in HPD’s toolkit to determine historical uses and true need for the equipment taking into account officer safety and comparing it to po tentially being lethal to wards the public; and emphasized training officers on engaging with indi viduals, d e-escalating situations, and apprehending without lethal force.

Council Member Márquez reaffirmed there was a suggestion to bring the item before the Council Infrastructure Commi ttee; and added that Council Members Salinas, Lamni n and herself would be joining an ad hoc committee with Community Services Commission leaders to review the funding process and offer recommendation to Council.

Mayor Halliday underscored the need for stronger federal legislation on weapons that were permitted to be owned; stressed the importance of ensuring HPD was prepared to respond with adequate tools to incidents such as the recent mass shooting in Sacramento; expressed concern about outside agencies use policy overriding Hayward use policy when being used locally; underscored that HPD needs to be able to response if other people are a rmed with similar weaponry; added there was an upcoming work session addressing gun-ownership safety; requested that staff use AB 481 as an opportunity to anal yze if the department had more equipment than needed and whether this c ould be reduced; requested that recommendations offered by CAP Member Oquenda be evaluated; stressed the importance of 12 | A p r i l 26 , 202 2
providing assistance to indi viduals being release d from incarceration and noted she was working with mayors in the Alameda County to improve mental health services; and noted she looked forward to upcoming community meetings and further dialogue.

PUBLIC HEARING

11. Community Agency Funding: Approval of Fiscal Year 2023 Community Agency Funding Recommendations, the FY 2023 Annual Act ion Plan, and City of the Hayward Community Development Block Grant Community Participation Plan PH 22-020

Staff report submitted by Assistant City Manager Ott, dated April 26, 2021, was filed.

Assistant City Manager /Development Services Director Ott announced the item a nd introduced Community Services Manager Davis and Management Analyst Lee who provided an overview of FY 2023 Annual Action Plan, Citizen Participation Plan update, FY 2023 Community Agency funding recommendations, and FY 2022 Recovery Funds for arts and music agencies. It was noted that Community Agency funding recommendation s would be separated into t wo parts: Part I General Fund/ American R escue Plan Act of 2021 (ARPA) for Arts & Music and Services categories and Part II CDBG funding recommendations for Public Serv ices and Ec onomic Development & Infrastructure categories.

In respo nse to Mayor Halliday ’s request for cla rification, Community Services Manager Davis stated that additional FY 2022 funds were identified from savings in the Community Services budget from the current fiscal year to add on and supplement current arts and music agencies’ contracts.

Mayor Halliday opened the public hearing at 10:37 p.m.

Ms. Beth Quirarte, Director of Development at Ruby’s Place, thanked the Community Services Commission for crafting recommendations and increasing funding for public services, and highlighted Ruby’s Place was the nation’s first incorporated domestic violence shelter and was celebrating 50 years of service.

Mayor Halliday closed the public hearing at 10:39 p.m.

Council Member Zermeño thanked City staff and Community Service Commission members, suggested that for next year, he would like to see the Arts and Music category in a separate commission, and offered a motion per staff’s recommendation.

Council Member Salinas seconded the motion.

Council Member Salinas acknowledged the deserving organizations receiving funding , thanked C ity staff, and congratulated the Community S ervices Commission for doing an incredible job reviewing proposals and providing recommendations.

It was moved by Council Member Zermeño, seconded by Council Member Salinas, and carried by the following roll call vote, to approve the resolutions.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-103 “Resolution Approving and Appropriating American Rescue Plan Act of 2021 Recommendations for Fiscal Year 2023 in the Services Funding Category”

Resolution 22-104 “Resolution Approving and Appropriating the Community Agency Funding Recommendations for Fiscal Year 2023 in the Social Services Funding Category”

Resolution 22-105 “Resolution Approving and Appropriating the Community Agency Funding Recommendations for Fiscal Year 2023 in the Arts and Music Funding Category”

Resolution 22-106 “Resolution Approving and Appropriating FY 2022 Recovery Funds for Arts and Music Agencies”

Council Member Salinas and Council Member Zermeño disclosed they serve on the St. Rose Foundation Board and because St. Rose Hospital Foundation had applied for funding, they had to recuse themselves from participating in the second part of the public hea ring.

Council Member Zermeño left the Council Chambers and Council Memb er Sal inas left the Zoom webinar.

Management Anal yst Lee provided an overview of CDBG funding allocations for FY 2023 related to Economic Development & Infrastructure categories and Public Services category.

Mayor Halliday opened the public hearing at 10:47 p.m.

Ms. Artavia Berry, Community Services Commission Chair, expressed appreciation for staff’s guidance, thanked Council for approving the Commission ’s rec ommendations, and noted she looked forward to future joint sessions.

Mayor Halliday closed the public hearing at 10:48 p.m.
14 | A p r i l 26 , 202 2

Council Member Márquez offered a motio n to approve Community Agency funding recommendations for Fiscal Year 2023 in the Community Development Block Grant (CDBG) category.

Council Member Lamnin seconded the motion.

Council Member Márquez thanked City st aff and Community S ervices Commissioners for the recommendations, stated she looked forward to future discussions, and hoped that every year the process would be strengthened to identify additional funding to meet the needs of the community.

Mayor Halliday supported the motion, noted her first involvement in City government was as a member of the former Citizens Advisor y Commission which han dled CDB G funding , and thanked the federal government for continued funding of local programs.

Council Member Márquez deferred to C ouncil Member Lamnin to ma ke the motion since she serves as the Council Liaison to the Community Services Commission.

It was moved by Council Member Lamnin, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Wahab
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: COUNCIL MEMBERS Salinas, Zermeño

Resolution 22-106 “Resolution Approving and Appropriating the Community Agency Fund ing Recommendations f or Fiscal Year 2023 in the Community Development Block Grant (CDBG)
Category and Authorizing the City Manager to Apply for Federal Assistance Under the Community Development Block Grant
Program; and Updating the CDBG Citizen Participation Plan”

Council M ember Salinas and Council Member Zermeño returned to the meeting at approximately 10:53 p.m.

LEGISLATIVE BUSINESS

12. Strategic Roadmap Update: Adopt a Resolution Approvi ng the Updated Strategic Roadmap for the FY2023 Budget LB 22-011

Mayor Halliday announced the item was continued to a future Council meeting date due to time constraints. There were no objections to continuing the item.

INFORMATIONAL ITEMS

13. Informational Report on Publicly Available Art in the City of Hayward RPT 22-035

Staff report submitted by Assistant City Manager Ott, dated April 26, 2022, was filed.

The item was general written information for Council and the public.

Council Member Andrews thanked staff for the presentation and expressed it would be great to have discussion on public art at a future Council Economic Development Co mmittee meeting or Keep Hayward Clean and Green Task Force meeting.

City Manager McAdoo stated the staff report could be added to a future Council Economic Development Committee meeting agenda.

Mayor Halliday shared there was support for a cultural commission and noted this could also be explored.

Council Member Zermeño noted there was more space throughout the city to add murals , shared that Case Del Toro and Arteaga’s businesses would be amenable to having murals on the walls of their business locations and urged staff to exp lore an arts and cultural commission.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Zermeño made three announcements: a restaurant behind Los Compadres and La Victoria restaurant had grand openings on April 29th, the Hayward Youth Commission was ho sting a virtual 2022 Hayward Y outh Conference on April 3 0th, and Hayward’s first LitHop event was on April 30th starting off in the Heritage Plaza.

Mayor Halliday noted she had recorded some remarks for the Hayward Youth Conference because she was unable to participate due to a prior commitment.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the meeting at 11:04 p.m. in memory of Sophia Mason.

16 | A p r i l 26 , 202 2
Sophia Mason was a member of the community who went to school in Hayward and lost her life at a young age . Council Mem ber Andrews acknowledged Sophia’s family, noted Council Member Lamnin and her attended her me morial and read her obituary. Mayor Hal liday requested that staff work with Sophia’s family and Council Member Andrews to plant a tree in memory of Sophia Mason.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-066
DATE: May 17, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Meeting Minutes of the City Council Meeting on May 3, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of May 3, 2022

SUMMARY
The City Council held a meeting on May 3, 2022.

ATTACHMENTS
Attachment I Draft Minutes of May 3, 2022
CITY OF HAYWARD Printed on 5/13/2022Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/86529095829?pwd=YUdGWEsvTHpGeGwxa1FFK01HbGx4dz09 Tuesday, May 3, 2022, 7:00 p.m.

Pledge of Allegiance: Council Member Zermeño

ROLL CALL

Present:

Council Chamber: Council Members Lamnin, Salinas, Zermeño, and Mayor Halliday Virtual Platform (Zoom): Council Members Andrews, Márquez, Wahab

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on May 3, 2022, at 5:00 p.m., with all members present, regarding three items: (1) conference with legal counsel pursuant to Government Code section 54956.9 concerning Cisneros v. City of Hayward, et al. Alameda County Superior Court, Case No. HG20069664; (2) conference with labor negotiators pursuant to Government Code section 5495 7.6 regarding all bargaining groups; and ( 3) public employment pursuant to Government Code section 54957 regarding the annual performance evaluation for City Man ager, City Attorney and City Clerk . City Attorney Lawson announced there was no reportable action related to Items 1 and 2. Mayor Halliday announced there was no reportable action related to Item 3. The closed session adjourned at 6:48 p.m.

PUBLIC COMMENTS

The following employees acknowledged it was Public Service Recognition Week; spoke of the service provided by City employees ; asked Council to consider City employees and the increase in demand for services when reviewing the b udget and setting priorities; underscored the need to fill vacancies to continue to provide high standard services and avoid employee bu rnout; urged to curb privatization and outsourcing work and keep jobs in Hayward; and asked to provide training and growth opportunities for employees.

Mr. John Varga, IFPTE Local 21 representative
Ms. Suzanne Philis, Hayward resident, City employee, SEIU Local 21 representative Mr. Danny Magalhaes, Maintenance Services Supervisor, HAME Vice President Ms. Brianne Elizarrey, City employee, IFPTE Local 21 representative Ms. Michelle Gee, Library employee, IFPTE Local 21 representative

2 | Ma y 3 , 202 2
Ms. Manaal Shafi, Bloom Energy coordinator, shared the Bloom Energy Stars and Strides Run would be held on July 2, 20 22, with proceeds benefiting Santa Clara Valley Medical Center Hospitals and Clinics.

Council Member Wahab commended the work of employees and requested that vacancies be filled and create career journeys for employees through internal promotional opportunities.

CITY MANAGER’S COMMENTS

City Manager McAdoo made two announcements: 1) expressed gratitude to all City employees and addressed the speakers on the vacancies, noted that for Public Service Recognition Week the Executive Team was hosting the annual Employee Pancake Breakfast on May 5, 2022; and 2) Hayward People’s Budget participatory process had started and would end May 15, 2022, and invited all to vote on community projects that will receive funding.

Mayor Halliday apologized there was no proclamation for Public Service Reco gnition Week but emphasized how much Council appreciated and valued City staff.

CONSENT

Consent Item No. 9 and Item No. 4 included comments.

1. Approve the Special Joint City C ouncil/Hayward Housing Authority Board Meeting Minutes of the City Council Meeting on April 19, 2022 MIN 22-058 It was moved by Council/HHA Member Wahab, seconded by Council/HHA Member Lamnin, and carried unanimously, to approve the minutes of the Special Joint City Council/Hayward Housing Authority Board meeting on April 19, 2022.

2. Adopt a Resolution En dorsing the Alameda County Home Together 2026 Implementation Plan CONS 22-245

Staff report submitted by Assistant City Manager Ott, dated May 3, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-109, “ Resolution Endorsing the Alameda Cou nty Home Together 2026 Implementation Plan”

3. Adopt a Resolution Authorizing th e City Manager to Enter into and Execute an Agreement with LWP Claims Solutions (“L WP”) for Administration of the City of Hayward’s Workers’ Compensation Claims Services CONS 22-254

Staff report submitted by Human Resources Director Sangy, dated May 3, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-110, “Resolution Authorizing the City Manager to Execute and Enter into a Five-Year Agreement with LWP Claims Solutions for Administration of the City of Hayward’s Workers’ Compensation Claims Services for a Total Not to Exceed Amount of $2,500,000”

4. Adopt a Resolution Accepting the Resignation of Mr. Michael Chand from the Keep Hayward Clean and Green Task Force, Effective Immediately CONS 22-257

Staff report submitted by City Clerk Lens, dated May 3, 2022, was filed.

Council Member Andrews thanked Mr. Michael Chand for his service on the Keep Hayward Clean and Green Task Force and wished him the best in future endeavors.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
4 | Ma y 3 , 202 2

Resolution 22-111, “Resolution Accepting the Resignation of Mr.

Michael Chand from the Keep Hayward Clean and Green Task Force”

5. Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361 CONS 22-258

Staff report s ubmitted by City Manager McAdoo and City C lerk Lens, dated May 3, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-112, “ Resolution Making the Required Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the COVID 19 State of Emergency”

6. Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Willimet Way an d I -880 Sanitary Sewer Main Installation Project, Project No. 07717 CONS 22-262

Staff report s ubmitted by Public Works Director Ameri, dated May 3, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-113, “ Resolution Approving the P lans an d Specifications for the Willimet Way and I -880 Sanitary Sewer Main Installation Project, Project No. 07717, and Calling for Bids”

7. Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Sewer Line Improvements Project, Project No. 07761 CONS 22-265

Staff report submitted by Director of Public Works Ameri, dated May 3, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-114, “ Resolution Approving the Plans and Specifications for the Sewer Line Improvements Project, Project No. 07761, and Calling for Bids to Be Received by June 7, 2022”

8. Adopt a Resolution Authorizing the City M anager to Enter into an Agreement for Vegetation Management Services with Pacheco Landscape Management, for a Not to Exceed Amount of $ 263,997 to Support the Hayward Fire Department's Creation of Defensible Space Project CONS 22-274

Staff report submitted by Fire Chief Contreras , dated May 3 , 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

6 | Ma y 3 , 202 2
Resolution 22-115, “ Adopt a Resolution Authorizing the City Manager to Execute an Agreement w ith Pacheco Landscape Management for Vegetation Management Services Related to the Hayward Fire Department’s Defensible Space Project in an Amount Not to Exceed $263,997”

9. Adopt a Resolution in Support of Locating a Trauma Center in Southern Alameda County at Washington Hospital’s Morris Hyman Critical Care Pavilion CONS 22-279

Staff report submitted by City Manager McAdoo, dated May 3 , 2022, was filed.

Ms. Kimberly Hartz, Washington Hospital Healthcare System CEO, stated that designating a trauma center in Southern Alameda Coun ty and having the infra structure in place was an important initiative for the community, and urged Council’s support.

Mayor Halliday stated this would create more opportunities for the Hayward community to receive trauma services.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-116, “Resolution of the City Council of the City of Hayward in Support of Locating a Trauma Center at Washington Hospital Healthcare and Encourages the Alameda County Board of Supervisors to Approve a Tra uma Center at Washington Hospital in Southern Alameda County”

WORK SESSION

10. Proposed Traffic Impact Fee and Nexus Study WS 22-012

Staff report submitted by Director of Public Works Ameri, dated May 3, 2022, was filed.

Public Works Director Ameri provided a synopsis of the proposed Traffic Impact Fee (TIF) and Nex us Stu dy and introduced Michaela Jellicoe, an economic con sultant with Community Attributes , Inc. , who presented the development f easibility summary and recommendations. Director Ameri provided an overview of stakeholders’ feedback and

There being no public comments, Mayor Halliday open ed and closed the public comment section at 8:06 p.m.

Discussion ensued among members of the City Council and City staff regarding: the proposed Traffic Impact Fee (TIF) recommendation for single family, multifamily, retail, and office use; there was confirmation that all non-residential developments with the exception of industrial, were exempt from paying park fees; funds collected from the TIF would be used for improving streets, intersect ions, improving pedestrian and bicyclist accessibility and safety, and other transit improvement projects; homeowners were not going to pay the fees directly but fees would be built into project developments based on their financial feasibility; recommended fees , if approved, would be evaluated in three years because it would be the initial implementation; the proposed retail and office TIF recommendations were set based on the minimal current office use and in an effort to attract and incentivize retail and office uses and create more jobs; proposed fees would go into effect July 1, 2022 and applications already in the pipeline would be grandfathered in but subject to current requirements; major retailers that are not subject to traffic impact fees would still have to mitigate impacts based on cur rent practice if a traffic analysis determined there were traffic impa cts; list of projects eligible to be implemented w ith collected fees would be prioritized; as part of improvement projects for bicyclist and pedestrian use, there may be a requirement to remove excessive parking and this would include a community ou treach process; the project for roundabout improvements at Orchard Road and Joyce Street was on pause but would be done; and TIF would not repla ce traffic analy sis requirements by California Environmental Quality Act (CEQA) and some development projects would still be subject to a Local Transportation Analysis (LTA).

Members of the City Council comme nded the work done by City staff in providing the proposed TIF recommendations ; appreciated streamlining the development process; and commended the stakeholder engagement.

Council Member Wahab indicated she did not want to overburden residential properties any further ; noted as Hayward expands the industrial area and economic development , everyone should pay their fa ir share; and asked to evaluate if the proposed single family reduction fee of 70% could be either waived or reduced further to 80% and reconsider the retail and office proposal.

Council Member Zermeño was in general agreement with the proposed fees and objectives, commented that it was unfortunate the proposal could not assist in decreasing the number of cars on the roadway, and thanked staff for the comprehensive plan.

8 | Ma y 3 , 202 2
Council Member Márquez expressed concern that large retailers could afford to pay traffic impact fees and that might be a missed opportunity; and recommended that staff explore providing an option for development projects already in the pipeline to opt in to TIF.

Council Member Lamnin appreciated that Tennyson Road and A Street projects were on the high priority list of eligible projects that would be funded with TIF; supported staff conducting th e anal ysis for developers opting in to TIF; and suggested that in future fee discussions, staff be mindful that tying fees to housing units rather than square footage could encourage larger units and therefore more expensive units.

Council Member Andrews acknowledged the concern for small retail and office uses being subject to fees and requested that staff do an analysis for retailer/office uses under 4,000 square feet to guide the evaluation/recommendation in three years.

Mayor Halliday favored the implementation of the proposed TIF since Hayward was the only city in Alameda County with out a TIF and appreciated the gradual approach due to current economic conditions; noted the money generated from the fees would help match transportation infrastructure grants; and supported the proposal and consideration of comments made by members of the Council.

It was noted the item would return to Council as a public hearing on May 17, 2022.

PUBLIC HEARING

11. 603 A Street: Adopt a Res olution to Vacate a Public Utilities Easement at 603 A Street PH 22-023

Staff report submitted by Public Works Director Ameri, dated May 3, 2021, was filed.

Public Wo rks Director Ameri announced the i tem and introduced S enior Civil Engineer Wikstrom who provided a synopsis of the staff report.

There were no questions raised by members of the City Council.

There being no public comments, Mayor Halliday opened and closed the public h earing at 8:46 p.m.

Council Mem ber Zermeño was pleased with t he proposal to vacate the Public Utilities Easement as the lot had been an eyesore for many years.

It was moved by Council Mem ber Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-117 “Resolution Vacating a Public Utilities Easement at 603 A Street”

LEGISLATIVE BUSINESS

12. Strategic Roadmap Update: Adopt a Resol ution Approving the Updated Strategic Roadmap for the FY2023 Budget LB 22-011 Continued from April 26, 2022

Staff report submitted by Assistant City Manager Ott, dated May 3, 2022, was filed.

City Manager McAdoo introduced Management Analyst Thomas who provided a synopsis of the staff report.

Members of the City Council commended the work done by City staff.

Discussion ensued among members of the City Coun cil and City staff regardi ng: the format for FY 2021 to FY 2023 Project List; the results of the resident satisfaction survey have been used by City staff when discussing Council ’s priorities and could be used with new members of the City Cou ncil after the Novem ber election ; should new projects or ideas emerge in the n ext few months, staff would brainstorm with Council, do an analysis to determine if some pro jects were already being worked on or consider tradeoffs due to staffing challenges ; dispatch needs assessment and capacity project for FY23 ; concluding Human Resources’ Strategic Plan was a pr iority t o help address vacancies across the organization; as Human Resources is restructured, the focus would be to create career pathways and training to have promotional opportunities; more organizational training was needed to incorporate racial equity language in Council staff reports; strategic priorities may change depending on direction of new City Council members and projects underneath priorities could potentially be impacted; the Street Vendor Ordinance is on the roadmap; and staff would evaluate adding the smoke-free multi-unit housing ordinance to the workplan.

10 | Ma y 3 , 202 2
Council Member Márquez requested that, should new ideas/project s emerge during the year, staff provide in their analysis and potential tradeoff recommendation, information on the staffing impacts due to vacancies.

Council M ember Wahab asked that staff consider incorporating racial equity lens and economic analysis language in Council staff reports.

Mayor Halliday opened the public hearing at 9:21 p.m.

Ms. Daisy Romo-Rodriguez, Bay Area Strength Through Activism (BASTA) Adult Coordinator, spoke about health effects of secondhand smoke exposure in multi-unit housing; and urged Council to direct staff to find a solution.

Ms. Jade, BASTA Project Director, urged Council to prioritize the health of residents by creating smoke-free multi-unit housing protections; and noted BASTA collected 250 petition signatures in support of regulations and received support from property managers, Alameda County Labor Council , Hayward Youth Commission and Alameda County Public Health Department.

Mayor Halliday closed the public hearing at 9:28 p.m.

Members of the City Council t hanked City staff for their work with Council’s Strategic Priorities.

Council Member Salinas noted that strategic initiatives and priorities emanate from neighborhood su rveys through a process that engages the community; appreciated the metrics included in the roadmap to gauge accomplishments and future plans ; noted staff reports include a racial and ethnic breakdown of communities impacted; was pleased to see the top voted projects in the roadmap; and supported the Human Resources Plan, recognizing its importance.

Council Member Salinas offered a motion to approve staff’s recommendation.

Council Member Zermeño seconded the motion.

Council Member Zerme ño was pleased with the outlined strategic priorities, specifically Confront Climate Crisis & Champion Environmental Justice and Grow the Economy focus areas; and emphasized the need to have adequate staffing in place to work on the strategic priorities.

Council Member Andrews appreciated the visuals provided; was pleased to see mental health and publ ic art highlighted, the Russell C ity restitution prioritized, and grants and loans dispersed throughout the community; wanted to include employee self-care as a part of talent acquisition under Strengthen Organization Health; and noted that ideas of prospective new members of the Council should be heard and considered.

Council Member Márquez was pleased with the evolvement of priorities; noted the priority list of over 70 projects was extensive and hoped there would be a concrete implementation plan if there were no recommendations to fill vacancies; and asked that the memo on smoke- free multi-unit housing be brought to Council in the fall.

Council Member Wahab noted that in the future, some projects in the roadmap can be better clarified in terms of what is policy initiated from standard duties such as mandates; requested to prioritize getting departments staffed up and trained; and wanted to prioritize and fund cyber security; and expressed support of the roadmap.

In response to Mayor Halliday ’s inquiry about a report on vacant properties, City Manager McAdoo noted staff could add the report , that was presented to the Council Economic Development Committee, to a future Council agenda as an informational item.

Mayor Halliday echoed the health concerns expressed by community members regarding secondhand smoke in multi-unit housing; proposed modifying one priority to “Confront Climate Crisis and Champion Environmental Quality or Protection and Justice” as this would add the missing element of environmental quality or protection; favored creating a cultural commission; and expressed that arts and cultur al funding could be separated from Community Services and added in Economic Development, Library, or Facilities.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22 -118 “Resolution Approving and Adopting the Updated City of Hayward Three Year Strategic Roadmap (Fiscal Year 2021 – Fiscal Year 2023)”

13. Stack Cent er Construction U pdate: Adoption of Resolutions Accepting a $2,647,000 Caltrans Grant, and Authorizing the City Manager to Execute a Contract Amendment with RossDrulisCusenbery Architecture for Project Phasing, Not-to-Exceed $377,800 LB 22-012

Staff report submitted by Assistant City Manager Ott, dated May 3, 2022, was filed.
12 | Ma y 3 , 202 2

City Manager McAdoo introduced Management Analyst Thomas who provided a synopsis of the staff report.

Discussion ensued among member s of the City Council and City staff regarding: the Stack Center site has spaces that could accommodate for activities and to be used for community organizations but there would be further discussion on the operation of the center; the multi-purpose space was designed for holding public meetings and equipped to hold a range of mee tings for governing bodies as wel l as nonprofit organizations; the Alameda County Office of Education and the Computer Center would be moved to a temporary location during construction and there would be solar covering most of the parking lot; consideration of enabling the space to be used for a variety of larger event types; and the total project c ost was $47 million with a gap of $22 million and a private fundraiser was engaged to connect the City to high donors or industries.

There being n o public comments, Mayor Halliday opened and closed the public h earing at 10:20 p.m.

Members of the City Council commended City staff for all the work with the project and especially Management Analyst Thomas.

Council Member Lamnin appreciated the inclusion of youth in the process and suggested to preserve youth murals; suggested some organizations such as the Rotary Club could be a partner in helping fundraise; suggested a memorial grove, a labyrinth or a brick as fundraising strategies; appreciated that Wi-Fi was to be built in from the start; suggested installing stands with bicycle repair tools for the park and mentioned Fixit Clinic is an organization that has a network of volunteers who can fix things; and suggested considering co-working space as a revenue stream.

Council Member Márquez underscored the valuable services already provided at the center would be expanded upon through the project; noted that while incorporating the youth was key, there was also a need to have space for elders where they could feel safe; committed to contributing funds and invited all to join in fundraising efforts; and made a motion to approve the staff’s recommendation.

Mayor Halliday seconded the motion.

Council Member Andrews supported acknowledging the artists in some capacity and adding the art on the building or elsewhere in the city ; agreed with the size of the multi-purpose room, recognizing that larger rooms would require more funding for the project; was excited about on-site care for newborns; suggested considering organizations that can share the space and help with cost sharing on weekend s; suggested fundraising opportunities through benches, naming rooms and incorporating donors; noted the movie screen would serve as a go to destination; supported Council Member Zermeño’s comments about incorporating bike repair stations; and noted that it might be worth considering bike storage and lockers if the facility was a site where individuals might work.

Council Member Márquez deferred to Mayor Halliday to make the motion as the mayor had worked hard to make the site a reality; and she seconded the motion.

Mayor Halliday stated that members of the Council made great suggestions, but did not think that buildings could be enlarged, noting that the proposed site would not be able to function as event space but would be more oriented as a youth and fa mily center for education and health care; noted the cost had increased and that the project had received large contributions thus far recognizing the need to invest in that sector of the community; and suggested staff could upda te the Council on contributions received or updates through an informational report.

Council Member Zermeño stated the project was a tremendous accomplishment for the Tennyson Corridor, added it would benefit the vast commun ity in South Hayward , acknowledged individuals who supported the project; and supported donor bricks to raise funds, noting he would be the first to donate $100.

It was moved by Mayor Halliday, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-119 “Resolution Authorizing the City Manager to Accept and Appropriate $2,647,000 in Clean Calif ornia Grant Funding from the Cal ifornia Department of Transportation for the Stack Youth and Family Center”

Resolution 22-120 “Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Professional
Services Agreement with RossDrulisCusenbery, Inc. for Phased 1 Phase I Project Construction Document, Bidding, and
Construction Phase A/E Services for the South Hayward Youth & Family Center Project, Not-to Exceed $377,800”

14 | Ma y 3 , 202 2

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Lamnin appreciated the strong ties the Coun cil had to the South Hayward community and was pleased to see projects which many had been involved with for decades coming to fruition.

Council Member Márquez hoped the Council could figure out a strategy to get more involved to raise funds for the Stack Center project.

Council Member Zermeño shared that May 18, 2022, was Arbor Day and City staff would be planting trees at Cesar Chavez Middle School on that day.

Mayor Halliday noted that Council would be participating in the annual Budget Work Session virtually on Saturday May 14, 2022.

In recognition of the upcoming Mother’s Day, Council Member Márquez thanked all mothers and nurturers for looking out for their community and playing a role in caring for others; and encouraged all to practice self-care.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the meeting at 10:42 p.m.

APPROVED
__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-266
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Five-Year Agreement with Axon Enterprises Inc. to Purchase Axon Fleet 3 In-Car Dash Cameras for Fifty-Three Patrol Vehicles and Auto-Tagging Subscription(s) for Officers in an Amount Not to Exceed $785,518

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a five-year agreement with Axon Enterprises, Inc. (Axon) for the purchase and management of Axon Fleet 3 In-Car Dash and Automated License Plate Reading (ALPR) Cameras for the HPD patrol fleet and an auto-tagging subscription.

SUMMARY
HPD currently utilizes Body Worn Cameras (BWCs), cameras affixed to the uniform of each officer, which are to be manually activated, to capture footage. As explained in this report, although BWCs have been extremely helpful to HPD in terms of mitigating liability and exhibiting transparency during police interactions, the devices have their limitations when it comes to capturing an entire operational situation.

HPD has also, in the past, used cameras affixed externally to the roofs of two patrol vehicles to automatically capture license plate data. However, those cameras reached the end of their lifespan in 2021. Moreover, those cameras were only capable of capturing license plate data and were not capable of capturing footage of actual police interactions, as BWCs can do. Thus, they failed to make up for the limitations of what a BWC can capture.

In fiscal year 2019, $150,000 was budgeted into CIP to purchase dash cameras for HPD’s patrol vehicles.

This was never used due to Covid. As such, in a continuing effort to broaden transparency, mitigate liability, advance investigative capabilities, and improve crime solvability, the HPD is recommending purchasing and installing Axon Fleet 3 Cameras in fifty-three Patrol Vehicles, since these are the most technologically updated cameras and since they have the dual capability to function simultaneously as an automated license plate reader.

ATTACHMENTS
CITY OF HAYWARD Printed on 5/13/2022Page 1 of 2
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File #:CONS 22-266
Attachment I Staff Report
Attachment II Resolution
Attachment III HPD Policy 429
CITY OF HAYWARD Printed on 5/13/2022Page 2 of 2
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Five-Year Agreement with Axon Enterprises Inc. To Purchase Axon Fleet 3 In-Car Dash Cameras for Fifty-Three Patrol Vehicles and Auto-Tagging Subscription(s) for Officers in an Amount Not to Exceed $785,518

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a five-year agreement with Axon Enterprises, Inc. (Axon) for the purchase and management of Axon Fleet 3 In-Car Dash and Automated License Plate Reading (ALPR) Cameras for the HPD patrol fleet and an auto-tagging subscription.

SUMMARY

HPD currently utilizes Body Worn Cameras (BWCs), cameras affixed to the uniform of each officer, which are to be manually activated, to capture footage. As explained in this report, although BWCs have been extremely helpful to HPD in terms of mitigating liability and exhibiting transparency during police interactions, the devices have their limitations when it comes to capturing an entire operational situation. HPD has also, in the past, used cameras affixed externally to the roofs of two patrol vehicles to automatically capture license plate data. However, those cameras reached the end of their lifespan in 2021.

Moreover, those cameras were only capable of capturing license plate data and were not capable of capturing footage of actual police interactions, as BWCs can do. Thus, they failed to make up for the limitations of what a BWC can capture.

In fiscal year 2019, $150,000 was budgeted into CIP to purchase dash cameras for HPD’s patrol vehicles. This was never used due to Covid. As such, in a continuing effort to broaden transparency, mitigate liability, advance investigative capabilities, and improve crime solvability, the HPD is recommending purchasing and installing Axon Fleet 3 Cameras in fifty-three Patrol Vehicles, since these are the most technologically updated cameras and since they have the dual capability to function simultaneously as an automated license plate reader.

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BACKGROUND

In 2014, the Hayward Police Department purchased ALPR cameras for its patrol fleet.

These systems, from Motorola Solutions, consisted of four externally mounted cameras (two forward facing and two rearward facing) that were attached to roofs of two patrol vehicles. These cameras were only capable of capturing license plate data and as of 2021, they reached the end of their serviceable lifespan. During their operational years, the ALPR camera systems averaged over a million license plate reads annually.

In fiscal year 2019, $150,000 was budgeted into CIP to purchase dash cameras for HPD’s patrol vehicles. The project and related funds were suspended due to COVID. Moving forward, dash camera technology has advanced to the point where a single front facing camera can now not only capture video footage but can also capture vehicle license plate information.

DISCUSSION

A. HPD Currently Utilizes Body Worn Cameras
The HPD began its Body Worn Camera (BWC) program in 2015. BWCs have proven to be an invaluable tool for law enforcement in documenting interactions with the community, investigating and prosecuting criminal behavior, and providing litigation protection for the City. There are, however, some limitations to the current model of BWCs used by HPD, including the BWC’s inability to provide a stable overview of an incident. Moreover, due to the placement of BWC’s on an officer’s uniform (upper chest area) BWC’s fail to capture an officer’s observations if, for instance, the officer is driving in a patrol vehicle. Additionally, it is possible that BWCs may fail to be activated by an officer in dynamic, high-stress critical situations.

B. Axon Fleet 3 Capabilities
The Axon Fleet 3 system is made up of a front facing dual-view camera, which has the ability to both record video footage as well as license plate information simultaneously. In addition, a second infrared camera is positioned inside the passenger compartment of the patrol vehicle to provide coverage of the prisoner transport area. The camera system for video footage can be activated manually, or by up to ten triggering events such as activation of emergency lights, unlocking of less lethal or lethal weapons from the vehicle, reaching a certain vehicle speed, or upon the recognition that a collision has occurred. This is invaluable in high-risk quickly evolving situations when an officer finds themselves incapable of manually triggering their BWC. In addition, Fleet 3 cameras can be paired with officers current BWCs to allow their BWCs to be automatically activated upon the activation of the Fleet 3 cameras. This means that an officer’s BWC, not just the in-car camera, would automatically be activated, without the requirement of manual activation, during any of the triggering events described above – another invaluable tool when it comes to liability mitigation and public transparency.

The ALPR component of the Fleet 3 camera not only records a vehicle’s location, but can also alert officers, in real time, if a scanned license plate has an associated want or warrant for the

Page 3 of 4 ends

vehicle. This includes sex registrant information, statewide alerts such as “Amber Alerts” for abducted or endangered children, missing persons, stolen vehicles, stolen license plates, and suspect vehicles in felony crimes.

C. Data Storage, Management and Retention
Videos and license plate information captured by the system is wirelessly uploaded into Axon’s cloud-based storage, which is accessed through “Evidence.com.” This is the same platform the City currently uses to store and manage BWC videos and is Criminal Justice Information Service (CJIS) certified. To receive this certification, Axon must adhere to the FBI’s CJIS security policy, which provides a set of security requirements to protect and safeguard Criminal Justice Information (CJI) used by law enforcement.

The data captured in an ALPR scan and stored by Axon contains a picture of the license plate, the date and time of the scan, and the GPS location of the scan. No personally identifiable information is captured with the ALPR scan or stored in the database.

Currently, there is no technology associated with these Axon cameras that enables other Law Enforcement Agencies to access ALPR data obtained by any HPD owned Axon Camera.

However, if such capability is created in the future, HPD may have to grant individual agencies permission to access such data, following the execution of a contract or memorandum of understanding between the agencies defining the protected use of any shared data. Axon does not grant access to data to any unauthorized third parties. Moreover, pursuant to California Government Code Section 3, Chapter 17.25 (commencing with Section 7284) federal, state, and local law enforcement agencies may not use any non-criminal history information contained within the database for immigration enforcement purposes.

The records retention period of the scanned license plates is customizable through Axon. HPD currently retains license plate data for one year, unless the data is evidentiary in a criminal or civil action, as outlined in HPD’s ALPR Policy #429 (Attachment III).

D. Auto-Tagging Subscription(s)
In addition to the Fleet 3 camera system, staff also recommends the purchase of an Auto- Tagging subscription for each officer. Currently, officers are required to label each one of their BWC recordings. The labeling process includes inputting an incident or report number, a “Title” for the recording such as a crime type or type of call for service, and a retention period based on the recordings content. With the purchase of the Fleet 3 cameras, this would require officers to label two separate videos if both their Fleet 3 camera and BWC were used for an event. This is not only time consuming but leads for the potential of one of the videos being mislabeled. Auto-Tagging syncs Evidence.com with HPD’s Computer Aided Dispatch system to auto populate the incident or report number, and category.

E. Presented to the Chiefs Advisory Panel
On April 11, 2022, this proposal was brought before the Chiefs Advisory Panel (CAP) for review and input. While there was overall support for the implementation of the program, the two areas of concern dealt with security and sharing of data. Those concerns were

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addressed by providing the CAP with the information sharing and security measures outlined in this Staff Report.

FISCAL IMPACT

As with the BWC agreement HPD signed with AXON in 2021, Axon spreads out the cost of the equipment and services over a five-year period. During this five-year period, all hardware components supplied are warrantied, and at the conclusion of contract, through Axon’s Technology Assurance Plan, all hardware components are upgraded and replaced at no cost.

The annual costs, listed below, includes installation services for all fifty-three vehicles.

Payment Fleet 3 Auto-Tagging Tax Total
Year 1 125,928 23,328 7,847.51 157,103.51
Year 2 125,928 23,328 7,847.51 157,103.51
Year 3 125,928 23,328 7,847.51 157,103.51
Year 4 125,928 23,328 7,847.51 157,103.51
Year 5 125,928 23,328 7,847.51 157,103.51
Total 629,640 116,640 39,237.55 785,517.55

Funding for this lease is included in the FY 2022 CIP to cover nearly all the costs associated with year one of the agreement, the additional amount will come from the already approved City’s FY 2022 Operating Budget. Expenses for future fiscal years will be included in the City’s CIP.

NEXT STEPS

If approved by City Council, the City Manager will execute a five-year agreement with Axon Enterprises, Inc., and purchase Axon Fleet 3 dash cameras with auto-tagging subscription.

Prepared by: David Dorn, Lieutenant

Recommended by: William Deplitch, Captain
Toney Chaplin, Chief of Police

Approved by:
________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR AGREEMENT WITH AXON ENTERPRISES, INC TO PURCHASE AXON FLEET 3

IN-CAR DASH CAMERAS FOR FIFTY -THREE PATROL VEHICLES AND AUTO -

TAGGING SUBSCRIPTION(S) FOR OFFICERS IN AN AMOUNT NOT TO EXCEED $785,518

WHEREAS, in 2014, the Hayward Police Department purchased A utomated License Plate Reading (ALPR) cameras for its patrol fleet; and,

WHEREAS, these cameras were only capable of capturing license plate data and as of 2021, they reached the end of their serviceable lifespan; and,

WHEREAS, in fiscal year 2019, $150,000 was budgeted into CIP to purchase dash cameras for Hayward Police Department’s patrol vehicles; and,

WHEREAS, dash camera technology has advanced to the point that a single front facing camera can not only capture video footage but can simultaneously capture vehicle license plate information and,

WHEREAS, on 04-11-2022, this proposal for purchase of Axon Fleet 3 Cameras and auto-tagging subscription(s) was brought before the Chiefs Advisory Panel (CAP) for review and input; and,

WHEREAS, funding has been secured via Capital Improvement funds to cover all the costs associated with year one of the agreement and the Hayward Police Department will request Capital Improvement funds to cover the remaining four years of the agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to enter into a five-year agreement with Axon Enterprises, Inc. for the purchase of Axon Fleet 3 dash cameras with auto -tagging subscription(s), in a form to be approved by the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

Policy
429
Hayward Police Department
Hayward PD Policy Manual
Copyright Lexipol, LLC 2022/03/30, All Rights Reserved.

Published with permission by Hayward Police Department
Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
429.1 PURPOSE AND SCOPE
Automated License Plate Reader (ALPR) technology, also known as License Plate Recognition, provides automated detection of license plates. ALPRs are used by the Hayward Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. ALPRs may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. 429.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 41.3.9 429.2 ADMINISTRATION OF ALPR DATA
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access shall be managed by the Support Services Division Commander. The Support Services Division Commander will assign personnel under his/her command to administer the day-to-day operation of the ALPR equipment and data.
429.2.1 ALPR ADMINISTRATOR
The Support Services Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
429.3 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. [Department/Office] members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR shall only be used for official law enforcement business.

ATTACHMENT III
Hayward Police Department
Hayward PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2022/03/30, All Rights Reserved.

Published with permission by Hayward Police Department
Automated License Plate Readers (ALPRs) - 2
(b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this [department/office] shall operate ALPR equipment or access ALPR data without first completing [department/office]-approved training. (e) No ALPR operator may access [department/office], state or federal data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
429.4 DATA COLLECTION AND RETENTION
The Support Services Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with [department/office] procedures.

All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 429.5 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Hayward Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or [department/office]-related civil or administrative action.

Hayward Police Department
Hayward PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2022/03/30, All Rights Reserved.

Published with permission by Hayward Police Department
Automated License Plate Readers (ALPRs) - 3
(c) ALPR system audits should be conducted on a regular basis.

For security or data breaches, see the Records Release and Maintenance Policy. 429.6 ACCOUNTABILITY AND SAFEGUARDS
All saved data will be closely safeguarded and protected by both procedural and technological means. The Hayward Police Department will observe the following safeguards regarding access to and use of stored data:
(a) All non-law enforcement requests for access to stored ALPR data shall be referred to the Records Administrator and processed in accordance with applicable law. (b) All ALPR data downloaded to the mobile workstation and server shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time.
(c) Persons approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. (d) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies at any time for legitimate law enforcement purposes. (e) ALPR system audits should be conducted on a regular basis. 429.7 POLICY
The policy of the Hayward Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 429.8 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

Hayward Police Department
Hayward PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2022/03/30, All Rights Reserved.

Published with permission by Hayward Police Department
Automated License Plate Readers (ALPRs) - 4

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Support Services Division Commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 429.9 TRAINING
The Personnel and Training Administrator should ensure that members receive department- approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
429.10 REVISONS
Enacted: March 31, 2015
Revised: May 23, 2016
Revised: June 21, 2021

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-270
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 5 Increasing the Professional Services Agreement with Advanced Mobility Group, Inc., by $200,000 for a Total Not-to- Exceed Amount of $632,500 for Various On-Call Traffic Engineering Design and Related Services

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 5 increasing funding for the Professional Services Agreement (PSA) with Advanced Mobility Group, Inc. (AMG), by $200,000 for a total not-to-exceed amount of $632,500, for various on-call traffic engineering design and related services.

SUMMARY
An amendment to the existing agreement with AMG is needed to assist with transportation engineering services due to key position vacancies in the Public Works Transportation Division. AMG has assisted the Transportation Division with traffic control plan review, resident requests through Access Hayward, grant applications, traffic impact study review, signal timing analysis, and providing technical assistance to the City’s signal system infrastructure. As a result of staff vacancies and continued transportation engineering workload, staff is requesting an amendment to increase the funding to continue receiving these services.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/13/2022Page 1 of 1
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 5 Increasing the Professional Services Agreement with Advanced Mobility Group, Inc., by $200,000 for a Total Not-to-Exceed Amount of $632,500 for Various On-Call Traffic Engineering Design and Related Services

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 5 increasing funding for the Professional Services Agreement (PSA) with Advanced Mobility Group, Inc. (AMG), by $200,000 for a total not-to-exceed amount of $632,500, for various on-call traffic engineering design and related services.

SUMMARY

An amendment to the existing agreement with AMG is needed to assist with transportation engineering services due to key position vacancies in the Public Works Transportation Division. AMG has assisted the Transportation Division with traffic control plan review, resident requests through Access Hayward, grant applications, traffic impact study review, signal timing analysis, and providing technical assistance to the City’s signal system infrastructure. As a result of staff vacancies and continued transportation engineering workload, staff is requesting an amendment to increase the funding to continue receiving these services.

BACKGROUND

On June 25, 2018, the City entered into a PSA with AMG in an amount not-to-exceed $72,500 to address staff’s increased workload in addressing Council’s strategic priorities and an increase in Access Hayward requests. The agreement stipulated that AMG would provide project management and staff augmentation services. AMG was tasked with providing professional services, including, but not limited to, the following tasks:

 Process Access Hayward requests
 Complete Streets design
 Traffic Impact Report reviews
 Pedestrian/bicycle planning and design
 Assistance in general day-to-day engineering tasks

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On November 13, 20181, Council agreed to amend AMG’s initial contract, increasing it by $50,000, to allow them to assist staff in the design of the following traffic signal improvement projects:

1. Traffic signal upgrades on Jackson Street that were being performed as part of the Mission Boulevard Phase 2 project

2. New Traffic Signal (Parkside Heights)

3. Traffic Signal Modification (Fire Station 6 and Fire Training Center)

On May 7, 20192, Council approved Amendment No. 2 to the PSA with AMG for an additional amount of $145,000, increasing the total amount of the contract to $267,500. The proposed contract amendment allowed AMG to provide critical staff augmentation support. This included assisting with resident requests through Access Hayward and providing technical assistance as the City’s signal system infrastructure is upgraded.

A key task was to assist staff in conducting a comprehensive analysis of the Foothill Blvd./Jackson Street/D Street intersection. The Foothill Blvd./Jackson Street/D Street intersection is a complex, multi-lane juncture formed by three high-volume roadways at the southern gateway of the Downtown. AMG was tasked with assisting the City in conducting a comprehensive analysis of the intersection and developing a list of phased recommendations for consideration/implementation to improve the regulation of traffic flow, pedestrian mobility, and overall efficiency and safety.

On June 2, 20203, Council agreed to Amendment No. 3 to the PSA with AMG for an additional amount of $70,000, increasing the total amount of the contract to $337,500. An amendment to the agreement with AMG was needed for increased traffic signal design services. The proposed contract amendment would allow AMG to continue to provide much-needed staff augmentation support, with the most critical need being to assist staff in completing a comprehensive analysis of the Foothill Blvd./Jackson Street/D Street intersection.

On April 27, 20214, Council agreed to Amendment No. 4 to the PSA with AMG for an additional amount of $95,000, increasing the total amount of the contract to $432,500. An amendment to the existing agreement with AMG was needed in order for AMG to continue providing critical staff augmentation support due to reduced staff resources. Amendment No. 4 expires on June 30, 2022; however, the contract is currently out of funds due to the additional tasks AMG assisted with that were not anticipated. The additional tasks included an increase in the number of traffic control plan reviews, resident requests through Access Hayward, and IDEA grant support.

DISCUSSION

The City is currently experiencing a staffing shortage in the Transportation Division of Public

1 https://hayward.legistar.com/MeetingDetail.aspx?ID=642876&GUID=18B5C814-C6B0-4BAA-964F- 80A7CA2CAFEC&Options=info|&Search=Advanced+Mobility
2 https://hayward.legistar.com/MeetingDetail.aspx?ID=690499&GUID=5AFEB242-0B30-4B4C-883E- CF74D5480712&Options=info|&Search=Advanced+Mobility
3 https://hayward.legistar.com/MeetingDetail.aspx?ID=789251&GUID=084E8792-7714-43C7-BFDF- 863198D43A77&Options=info|&Search=Advanced+Mobility
4 https://hayward.legistar.com/LegislationDetail.aspx?ID=4923161&GUID=F65A118E-E1A4-4F78-9552-1375340F5B1D&Options=&Search=

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Works & Utilities Department, including the vacant Deputy Director of Public Works – Transportation, and a Senior Transportation Engineer position. The remaining Senior Transportation Engineer has announced their decision to leave by the end of June. Staff is requesting Amendment No. 5 to the PSA with AMG for an additional amount of $200,000, increasing the total amount of the contract to $632,000. The proposed contract amendment would allow AMG to continue providing much-needed staff augmentation support due to reduced staffing.

This would include, but not be limited to, the following ongoing tasks:

 Traffic Control Plan review
 Development Plan review
 Traffic signal design
 Corridor Signal Timing Analysis
 Access Hayward requests review
 Grant applications
 Review the Automated Traffic Signal Performance Measures (ATSPM) System reports

ECONOMIC IMPACT

The PSA facilities timely transportation projects in the City, which impacts and improves the local economy. Improved traffic operations would also result in positive economic benefits for businesses.

FISCAL IMPACT

The $200,000 in costs associated with Amendment No. 5 will come from existing funds included in the City’s adopted FY22 Capital Improvement Program Fund 460, Project 05712 “Intersection Improvement Project.”

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Improving Infrastructure. Specifically, this item relates to the implementation of the following project(s):

Project 1. Improve Access and Mobility in Downtown Hayward Project 2. Implement major corridor traffic calming initiatives Project 7. Improve Mission Boulevard as a key ‘Gateway to the City’ Project 8. Implement the Bike & Ped Master Plan

SUSTAINABILITY FEATURES

The action taken for this agenda report will result in supporting mobility goals established as part of the City’s 2040 General Plan, providing for a balanced multi-modal system of transportation facilities and services in Hayward.

This will increase transportation options, reduce environmental impacts of the transportation system, and enhance the overall quality of life for residents. The goal is to develop convenient transportation alternatives to motor vehicles for residents, visitors, shoppers, and commuters.

The resulting improved efficiency of traffic signal systems and reduction in single occupancy

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vehicles will reduce vehicle miles traveled and greenhouse gases.

PUBLIC CONTACT

No public contact has been made related to this amendment.

NEXT STEPS

If Council approves this request, the City Manager will execute Amendment No. 5 to the PSA with AMG to increase the contract amount to a not-to-exceed amount of $632,500.

Prepared by: Shabnam Yari, Associate Transportation Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 5 INCREASING FUNDING FOR THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED MOBILITY GROUP, INC ., BY $200,000 FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $632,500 FOR ON -

CALL TRAFFIC ENGINEERING DESIGN AND OTHER RELATED SERVICES

WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 25th day of June 2018, entitled “Agreement for Professional Services between the City of Hayward and ADVANCED MOBILITY GROUP, Inc."; and

WHEREAS, on November 12, 2018, Council approved Amendment No. 1 to the Professional Services Agreement with Advanced Mobility Group, Inc., (AMG); and

WHEREAS, Amendment No. 2 to the Agreement was approved by Council on May 7, 2019 for an additional amount of $145,000; and

WHEREAS, Amendment No. 3 to the Agreement was approved by Council on June 2, 2020 for an additional amount of $70,000; and

WHEREAS, Amendment No. 4 to the Agreement was approved by Council on April 27, 2021 for an additional amount of $95,000; and

WHEREAS, the p roposed contract amendment would allow AMG to continue to provide much needed staff -augmentation support due to two key vacancies in the Transportation Division. The on-call support will include, but not limited to, reviewing traffic control plans, reviewing improvement plans, assisting with grant applications, assisting with Access Hayward requests, and assisting with Citywide traffic signal design.

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 the amendment, as described herein, with ADVANCED MOBILITY GROUP, INC., increasing funding by $200,000, for a total not-to-exceed amount of $632,500 for on-call traffic engineering design and other related services, in the name and behalf of the City of Hayward, in a form approved by the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-275
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director

SUBJECT
..Title
Adopt a Resolution Approving the Appropriation of Revenue from the Policy Planning Fee in the Amount of $244,250 for the Next General Plan Update and Other Future Planning Projects

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the appropriation of revenue in the amount of $244,250 in the Capital Improvement General Fund (Fund 405) for the next General Plan Update, including the Housing Element and other future planning projects, including the Residential Objective Design Standards project.

SUMMARY
Staff is requesting the appropriation of $244,250 in Policy Planning Fees collected in FY2022 in the Capital Improvement General Fund (Fund 405) to account for the ongoing expenses related to the Housing Element and the Residential Objective Design Standards projects.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Development Services Director

SUBJECT: Adopt a Resolution Approving the Appropriation of Revenue from the Policy Planning Fee in the Amount of $244,250 for the Next General Plan Update and Other Future Planning Projects

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the appropriation of revenue in the amount of $244,250 in the Capital Improvement General Fund (Fund 405) for the next General Plan Update, including the Housing Element and other future planning projects, including the Residential Objective Design Standards project.

SUMMARY

Staff is requesting the appropriation of $244,250 in Policy Planning Fees collected in FY2022 in the Capital Improvement General Fund (Fund 405) to account for the ongoing expenses related to the Housing Element and the Residential Objective Design Standards projects.

BACKGROUND

In FY 2012, Council adopted a new Policy Planning Fee when the Hayward 2040 General Plan Update was initiated. At that time, the Capital Improvement Program (CIP) loaned the Development Service Department necessary funding to complete the 2040 General Plan Update. In December 2019, repayment of the CIP loan was complete. Collection of the Policy Planning Fee is equally split between the next General Plan Update and other future planning projects.

On October 19, 2021, the Council authorized the transfer of the remaining funds in Policy Planning Fees from the General Fund (Fund 100) and appropriated them to the Capital Improvement General Fund (Fund 405) for the next General Plan Update and other future planning projects. All Policy Planning Fees are currently received and recorded in the Capital Improvement General Fund (Fund 405).

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DISCUSSION

As described above, upon completion of the loan repayment, revenue fees are collected in the Capital Improvement General Fund (Fund 405) for the next General Plan Update and other future planning projects. These funds are used for consultant services rendered for projects, including the Housing Element Update, Residential Objective Design Standards project, and General Plan/Zoning Consistency. Both projects are grant-funded and are eligible for reimbursement of allowable expenses. Any grant funds received will be recorded in the Capital Improvement General Fund (Fund 405) to account for the reimbursement of expenses.

Table 1 provides a summary of the revenue collected in the Capital Improvement General Fund (Fund 405) through April 2022.

Table 1:

Fund 405 – Revenue

Fiscal General Future
Year
Plan
Update Planning

2022 $117,992 $126,259

Total: $244,250

Staff recommends the appropriation of $244,250 in collected revenue in the Capital Improvement General Fund (Fund 405) to be equally appropriated between the next General Plan Update and other future planning projects.

STRATEGIC ROADMAP

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.

FISCAL IMPACT

Staff recommends that the Policy Planning Fees in the amount of $244,250 in the Capital Improvement General Fund (Fund 405) be appropriated to fund ongoing expenses related to the General Plan Update, and other future planning projects. Any grants received will be recorded in the Capital Improvement General Fund (Fund 405) to account for the reimbursements of expenses.

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NEXT STEPS

If Council adopts the attached resolution, staff will complete the Budget Authorization Form to appropriate $244,250, equally split between the next General Plan Update and other future planning projects.

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

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

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION APPROVING THE APPROPRIATION OF REVENUE FROM THE POLICY PLANNING FEE IN THE AMOUNT OF $244,250 FOR THE NEXT

GENERAL PLAN UPDATE AND OTHER FUTURE PLANNING PROJECTS

WHEREAS, in FY 2012, when the Hayward 2040 General Plan Update was initiated, the Development Services D epartment borrowed from the Capital Improvement Program (CIP) for the 2040 General Plan Update, and Council adopted a new Policy Planning Fee, charged on all building permits, to repay the CIP loan; and WHEREAS, by December 2019, the loan owed to the CIP was fully reimbursed and the collection of the Policy Planning Fee in the General Fund was split between the next General Plan Update and other future planning projects; and
WHEREAS, on October 19, 2021, the Council authorized the transfer of the remaining funds in Policy Planning Fees from the General Fund ( Fund 100) and appropriated to the Capital Improvement General Fund ( Fund 405) for the next General Plan Update and other future planning projects; and
WHERAS, the City Council of the City of Hayward authorizes the appropriation of $244,250 in revenue collected from the Policy Planning Fee in the Capital Improvement General Fund (Fund 405).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward hereby authorizes the appropriation of $244,250 in the Capital Improvement General Fund (Fund 405), to be equally appropriated between the next General Plan Update and other future Planning projects.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-278
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Approve a $75,000 Grant and a $50,000 Small Business Loan to Tap and Snack LLC, (DBA Arthur Mac’s Tap and Snack) to Assist in the Construction and Establishment of a New Full-Service Restaurant and Outdoor Beer Garden at 1060 B Street

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to provide financial assistance in the form of a grant in the amount of $75,000 and a loan in the amount of $50,000 as part of the Economic Development Division’s Small Business Assistance Program to Arthur Mac’s Tap and Snack to assist with the site improvements and establishment of a new full-service restaurant and outdoor beer garden at 1060 B Street.

SUMMARY
Arthur Mac’s Tap and Snack is an existing restaurant operating in Oakland. They are seeking to open a second location in Downtown Hayward. The restaurant will be an outdoor Beer Garden and Pizza restaurant consistent with their current format and menu. This will provide a new destination for visitors in the downtown and add to the variety of restaurant and entertainment venues in the surrounding area. This restaurant will aid the City of Hayward in its efforts to revitalize the downtown from the impacts of the COVID-19 pandemic. Staff recommends that the Council adopts a resolution authorizing the City Manager to provide a $75,000 grant and a $50,000 small business loan to Arthur Mac’s Tap and Snack, LLC to complete the construction and establishment of the new restaurant at the vacant and undeveloped site of 1060 B Street.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/13/2022Page 1 of 2
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File #:CONS 22-278
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Approve a $75,000 Grant and a $50,000 Small Business Loan to Tap and Snack LLC, (DBA Arthur Mac’s Tap and Snack) to Assist in the Construction and Establishment of a New Full- Service Restaurant and Outdoor Beer Garden at 1060 B Street

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to provide financial assistance in the form of a grant in the amount of $75,000 and a loan in the amount of $50,000 as part of the Economic Development Division’s Small Business Assistance Program to Arthur Mac’s Tap and Snack to assist with the site improvements and establishment of a new full-service restaurant and outdoor beer garden at 1060 B Street.

SUMMARY

Arthur Mac’s Tap and Snack is an existing restaurant operating in Oakland. They are seeking to open a second location in Downtown Hayward. The restaurant will be an outdoor Beer Garden and Pizza restaurant consistent with their current format and menu. This will provide a new destination for visitors in the downtown and add to the variety of restaurant and entertainment venues in the surrounding area. This restaurant will aid the City of Hayward in its efforts to revitalize the downtown from the impacts of the COVID-19 pandemic. Staff recommends that the Council adopts a resolution authorizing the City Manager to provide a $75,000 grant and a $50,000 small business loan to Arthur Mac’s Tap and Snack, LLC to complete the construction and establishment of the new restaurant at the vacant and undeveloped site of 1060 B Street.

BACKGROUND AND DISCUSSION

Mr. Joel DiGiorgio is the manager of Arthur Mac’s Tap and Snack, LLC, which was established to manage and operate his restaurant businesses. He currently operates a restaurant in Oakland, CA. In December 2021, he signed a ten-year lease for 1060 B Street to open the Arthur Mac’s Tap and Snack Beer Garden and Pizza Restaurant. This site is currently a vacant parcel and has been for the past 30+ years. The site was purchased by a new owner in 2021.

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For over nine months, Economic Development staff has been engaged with Mr. DiGiorgio as he has made plans for bringing the new Arthur Mac’s location to downtown Hayward. The application for the business assistance was received on March 23, 2022. He originally was seeking a much larger sum of funds for the project; however due to budget constraints and to remain consistent with other Small Business Assistance grant and loan packages offered to other entities, staff developed a location incentive offer, including a $75,000 grant and $50,000 loan.

The initial grant amount will be paid out to the business first per the agreement, which requires the submission of receipts indicating the dollars that have been spent on establishing the new restaurant location. Once the full amount of the grant funds have been dispersed, the loan will then become available for the business owner to access. The loan also requires the submission of receipts to be submitted to access the funds. Consistent with past practice, the $50,000 loan will have a payment deferral until January 2, 2025 and then monthly principal and interest payments at 1% interest over five years. The purpose of the deferral is to provide the business time to open and generate revenue.

The submission of receipts has been added to all recent business assistance packages, both small and large, offered to businesses to ensure that the funds are used towards the businesses located in Hayward and not applied to potential other locations or other debt service obligations the operators may have.

To provide the new outdoor dining and beer garden experience at 1060 B Street, a vacant parcel, all new facilities will need to be constructed or installed on site. To create the modern beer garden setting that Arthur Mac’s is known for and to bring the restaurant on-line in the shortest period of time, Mr. DiGiorgio plans to use pre-made modified shipping containers that will be outfitted with cooking facilities and restroom facilities. In addition, to provide some covered seating and a small family-friendly arcade, Mr. DiGiorgio was awarded a decommissioned train car from BART that will be installed on site. New landscaping and irrigation will also be added to complement the existing redwood tree located at the back of the site. Final site plan and landscape will be subject to planning entitlements. Mr. DiGiorgio estimates that the proposed restaurant will be operational in the fourth quarter of 2023.

Per the guidelines of the adopted Small Business Assistance Program, the proposed grant and loan package were reviewed by the Loan Review Committee on May 2, 2022. The committee recommended approval of the proposed assistance package as presented by staff.

STRATEGIC ROADMAP

This agenda item applies to Grow the Economy Strategic priority: 2b Engage owners and encourage activation of vacant sites. The parcel at 1060 B Street has been a vacant site for 30+ years with the former building removed. The proposed use will activate a key site along the B Street corridor.

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ECONOMIC IMPACT

The proposed grant and loan will provide funds to aid the project completion that are not currently available through traditional lending institutions. Mr. DiGiorgio plans to create a minimum of fifteen local jobs at competitive wages. This project supports the Economic Development Division team’s efforts to fill long-term vacancies with active uses. The business owner’s investment establishes a new restaurant concept with the outdoor dining options that align with post-COVID consumer trends. This development will represent the first full- service outdoor dining restaurant in the city. The addition of the decommissioned BART car will also add a new placemaking element (e.g., “Instagramable” art) to the downtown.

FISCAL IMPACT

The funding for the recommended grant is $75,000 and loan is $50,000. Funds to support this economic development small business assistance package have been allocated in the Economic Development Division budget adopted along with the rest of the City’s FY 2022 Operating Budget. Arthur Mac’s Tap and Snack is developing and opening an otherwise vacant site into a restaurant use and will provide job opportunities for residents as well as brining a new dining experience to the downtown core.

NEXT STEPS

Upon authorization by the Council, staff will prepare agreements to execute with the business owner for the proposed grant and loan package.

Prepared by: Catherine Ralston, Economic Development Specialist

Recommended by: Paul Nguyen, Economic Development Manager Jennifer Off, Assistant City Manager

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. _______
Introduced by ______________________

RESOLUTION APPROVING FINANCIAL ASSI STANCE TO ARTHUR MAC’S TAP

AND SNACK, LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $75,000 AND A LOAN AGREEMENT IN THE AMOUNT OF $50,000

WHEREAS, on March 23, 2022 , the City of Hayward received a request from Joel DiGiorgio for assistance to provide capitalization funding to complet e the Arthur Mac’s Tap and Snack outdoor restaurant project at 1060 B Street; and WHEREAS, this restaurant will redevelop a long-term vacant parcel in the Downtown core; and
WHEREAS, the City of Hayward, Economic Development Division allocated funds in support of small businesses through the Incentive Program; and WHEREAS, the support of the grant and loan request would allow for assisting in the completion of the Arthur Mac’s Tap and Snack Restaurant project thereby revitalizing Downtown Hayward as a destination for dining and entertainment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Council approves of financial assistance to Arthur Mac’s Tap and Snack as part of the Economic Development Division’s Small Business Assistance Program and authorizes the City Manager to enter into a grant agreement in the amount of $75,000 and a loan agreement in the amount of $50,000, in a form approved by the City Attorney, to Arthur Mac’s Tap and Snack to assist with the site improvements and establishment of a new full -service restaurant and outdoor beer garden at 1060 B Street.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA__________________.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

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 22-280
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director Public Works Director

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency

RECOMMENDATION
That Council adopts a resolution (Attachment II), authorizing the City Manager to renew the Joint Exercise of Powers Agreement (JPA) for a one-year term, which established the Hayward Area Shoreline Planning Agency (HASPA).

SUMMARY
The HASPA JPA is typically renewed every five years; however, HASPA is currently working to expand the JPA membership to support the implementation of the Hayward Regional Shoreline Adaptation Master Plan. Given the necessary steps to expand membership, no prospective member agencies would be able to formally join the JPA before the current JPA agreement expires on June 30, 2022. For this reason, staff recommends extending the current JPA agreement for a one-year period to June 30, 2023, to allow time to prepare a new agreement and to allow for prospective agencies to join. On April 14, 2022, the HASPA Board of Trustees unanimously voted to recommend extension of the JPA for one year. If approved, this extension would allow staff to continue working on expanding JPA membership and implementing the Shoreline Adaptation Master Plan.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution to Execute 1-Year Extension
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Assistant City Manager & Development Services Director Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency

RECOMMENDATION

That Council adopts a resolution (Attachment II), authorizing the City Manager to renew the Joint Exercise of Powers Agreement (JPA) for a one-year term, which established the Hayward Area Shoreline Planning Agency (HASPA).

SUMMARY

The HASPA JPA is typically renewed every five years; however, HASPA is currently working to expand the JPA membership to support the implementation of the Hayward Regional Shoreline Adaptation Master Plan. Given the necessary steps to expand membership, no prospective member agencies would be able to formally join the JPA before the current JPA agreement expires on June 30, 2022. For this reason, staff recommends extending the current JPA agreement for a one-year period to June 30, 2023, to allow time to prepare a new agreement and to allow for prospective agencies to join. On April 14, 2022, the HASPA Board of Trustees unanimously voted to recommend extension of the JPA for one year. If approved, this extension would allow staff to continue working on expanding JPA membership and implementing the Shoreline Adaptation Master Plan.

BACKGROUND

HASPA was established in 1970 as a JPA between the City of Hayward, the East Bay Regional Park District (EBRPD), and the Hayward Area Recreation and Park District (HARD). The HASPA Board of Trustees is composed of three members – one from each participating agency. The current Board consists of Councilmember Elisa Márquez, HARD Board member Paul Hodges, and EBRPD Board member Dennis Waespi. EBRPD Board member Dennis Waespi serves as the Chair of the Board of Trustees.

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The JPA has historically been renewed every five years and the responsibility for administrative duties rotates among the member agencies with each renewal. The most recent renewal, effective on January 1, 20221, extended the JPA six (6) months to allow staff to work on expanding JPA membership. The current JPA executed by the City, HARD, and EBRPD is scheduled to expire on June 30, 2022.

DISCUSSION

HASPA is working to expand the JPA membership to support the implementation of the Hayward Regional Shoreline Adaptation Master Plan, adopted by Council on February 16, 20212. The projects identified in the Plan require collaboration among several property owners and stakeholders to be successful. On July 8, 20213, the HASPA Board of Trustees authorized staff to request prospective agencies formally join the HASPA JPA. Following that, staff-initiated agency engagement by sending invitation letters and presenting to prospective member agencies. As a result of those efforts, the following agencies has expressed interest in participating in HASPA: Alameda County Flood Control District (ACFCD), Alameda County Mosquito Abatement District (ACMAD), Caltrans, Capital Corridor, East Bay Dischargers Authority (EBDA), Oro Loma Sanitary District (OLSD), and San Francisco Bay Trail (managed by the Association of Bay Area Governments).

In order to allow the proposed agencies to join HASPA, a new or updated JPA agreement will need to be developed and approved. A new or updated JPA agreement also creates an opportunity to improve the JPA from an operational and project implementation perspective.

Staff is currently coordinating with the prospective member agencies to develop a Term Sheet to align agency priorities and inform changes to the HASPA JPA. So far, the discussions in the development of the Term Sheet have been collaborative and focused primarily on making the existing JPA more efficient, allowing for flexibility moving forward, and adding new members to the Board.

Staff does not expect the actual JPA agreement update to be complicated, but as it is a legally binding document, it is important to ensure each agency review the Term Sheet in detail before moving forward with development of a new or updated JPA agreement. For this reason, prospective member agencies would not be able to formally join the JPA before the current JPA agreement expires on June 30, 2022. Thus, the HASPA Board of Trustees unanimously voted on April 14, 20224 to recommend the extension of the JPA for one year.

Staff is requesting Council adopt the attached resolution (Attachment II) renewing the HASPA JPA to allow staff additional time to coordinate and draft a new or updated JPA agreement.

Responsibility for coordination of HASPA meetings and activities rotates among the three member agencies every five years. The City served in this capacity from 2016 to 2021. In

1 2022 JPA Renewal: https://hayward.legistar.com/LegislationDetail.aspx?ID=5192083&GUID=994CA95C-0DE4-4698-A947- 3119F0704EE9&Options=&Search=
2 https://hayward.legistar.com/MeetingDetail.aspx?ID=835981&GUID=0619BAF1-82A0-4F83-8949- 046B1F36BF60&Options=info|&Search=Shoreline
3 https://hayward.legistar.com/MeetingDetail.aspx?ID=874188&GUID=4DD7DC9E-DB0E-40CE-B0DB- AC6144BF9D82&Options=info|&Search=
4 https://www.ebparks.org/calendar/public-meetings/interagency-liaison

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keeping with the traditional rotation of official duties and administrative responsibilities among member agencies, EBRPD would continue to be the lead agency for HASPA through June 30, 2023.

ENVIRONMENTAL REVIEW

Pursuant to the California Environmental Quality Act Guidelines, this one-year extension of the JPA does not require environmental review since there is no possibility that it may have a significant effect on the environment.

ECONOMIC IMPACT

Hayward is a desirable place to live and enjoy in large part because of the existence of the Hayward Shoreline. The activities of HASPA will continue to help ensure that the Shoreline remains accessible. The Shoreline is a regional asset that has a positive impact on the local economy by attracting hikers, bird watchers, runners, cyclists, and other community members.

FISCAL IMPACT

Renewal of the HASPA JPA would not have an impact on the City’s funds. If approved, the one- year extension would allow the City to support coordination, implementation, and pursue grant funding associated with the Shoreline Adaptation Master Plan. Expansion of the JPA could lead to conversations about a new funding structure for HASPA. Any request for City funds, either for the administration of HASPA or the implementation of projects, will be carefully considered before being presented for consideration to Council.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of “Combat Climate Change”. This item furthers and expands on the following project identified in the Strategic Roadmap.

Project 9: Complete Shoreline Adaptation Master Plan
Renewal and expansion of the HASPA JPA would support the implementation of the adopted Master Plan.

SUSTAINABILITY FEATURES
HASPA builds resiliency to sea level rise through its coordination and planning efforts.

Additionally, HASPA supports the following sustainability related General Plan goals:
 NR-1.4: The City shall coordinate with the HASPA, Bay Conservation and Development Commission, and California Coastal Commission to conserve, protect, and enhance natural and cultural resources along the San Francisco Bay shoreline by balancing uses that support multiple community needs, such as recreation, tourism, cultural resource preservation, and natural resource protection

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 NR-3.2: The City shall coordinate with HASPA, EBRPD, Bay Conservation and Development Commission, California Coastal Commission, and other Federal, State, and regional agencies to identify methods for acquiring and restoring baylands and marsh habitats, expanding the National Wildlife Refuge, and funding the purchase and restoration of wetland habitats.

 HAZ-4.1: The City shall monitor information from regional, State, and Federal agencies on rising sea levels in the San Francisco Bay to determine if additional adaptation strategies should be implemented to address flooding hazards

 HAZ-4.3: The City shall coordinate with the Hayward Area Shoreline Planning Agency, the Bay Conservation Development Commission, and other agencies involved in the Adapting to Rising Tides Project to develop and implement a Regional Shore Realignment Master Plan.

 HQL-9.9: The City shall support plans, standards, regulation, incentives, and investments to reduce the impacts of climate change on those populations most vulnerable to the impacts of climate change

 HQL-11.1: City shall establish and maintain an integrated recreational corridor system that connects regional trails (e.g., Bay Trail), Baylands (i.e., Hayward Regional Shoreline), local creeks and open space corridors, hillside areas, and EBRPD and HARD parks.

PUBLIC CONTACT

The one-year extension of the HASPA JPA was discussed and unanimously approved at the regular HASPA meeting on April 14, 2022. There were no public comments on this item.

NEXT STEPS

The HARD and EBRPD Boards will consider approval of the one-year extension on May 16th and June 7th, respectively. If the attached resolution is adopted by Council and approved by all three agencies, staff will ensure the one-year extension to the JPA is fully executed before June 30, 2022.

Prepared by: Taylor Richard, Assistant Planner
Erik Pearson, Environmental Services Manager

Recommended by: Jennifer Ott, Assistant City Manager/Development Services Director Alex Ameri, Director of Public Works

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Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO.

Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR

EXTENSION FOR RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF

HAYWARD, EAST BAY REGIONAL PARK DISTRICT, AND HAYWARD AREA

RECREATION AND PARK DISTRICT TITLED THE HAYWARD AREA

SHORELINE PLANNING AGENCY JOINT EXERCISE OF POWERS AGREEMENT

WHEREAS, the Hayward A rea Shoreline Planning Agency (HASPA) is a joint power authority (JPA) established in 1970 and includes the City of Hayward, the Hayward Area Recreation and Parks District (HARD), and the East Bay Regional Parks District (EBRPD); and
WHEREAS, on February 16, 2021, the City of Hayward adopted the Hayward Area Shoreline Adaptation Master Plan and has begun the implementation of the Plan; and

WHEREAS, on July 8, 2021, the Board of Trustees for HASPA authorized staff to begin work on expanding the JPA membership to support the implementation of the Hayward Area Shoreline Adaptation Master Plan; and

WHEREAS, on October 26, 2021, the City of Hayward adopted a resolution to execute a six-month extension of the HASPA JPA agreement to allow time for prospective member agencies to join HASPA; and

WHEREAS, the current HASPA JPA Agreement is set to expire on June, 30, 2022; and

WHEREAS, staff is currently coordinating with prospective member agencies to draft a new or updated HASPA JPA Agreement and need additional time to complete this process; and

WHEREAS, on April 14, 2022, the Board of Trustees for HASPA unanimously voted to recommend that the Hayward City Council, the HARD Board of Directors and EBRPD Board of Directors to extend the current HASPA JPA Agreement for one-year.

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute on behalf of the City of Hayward that certain agreement between the City of Hayw ard, the East Bay Regional Park District, and the Hayward Area Recreation and Park District extending the Hayward Area Shoreline Planning Agency Joint Exercise of Powers Agreement to J une 30, 20 23, in substantial conformity to the form on file in the office of the City Clerk, with such changes or additions as the City Manager shall approve upon consultation with 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 22-282
DATE: May 17, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignations of Ms. Reanne Meighan, Mr. Adithya Naresh and Mr. Raul Chavez from the Keep Hayward Clean and Green Task Force, Effective Immediately

RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignations of Ms. Reanne Meighan, Mr. Adithya Naresh, and Mr. Raul Chavez from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY
Ms. Reanne Meighan was appointed to the Keep Hayward Clean and Green Task Force on September 15, 2020. Mr. Adithya Naresh was appointed to the Keep Hayward Clean and Green Task Force on September 18, 2018. Mr. Raul Chavez was appointed to the Keep Hayward Clean and Green Task Force on September 15, 2020. Resignations of Ms. Meighan, Mr. Naresh and Mr. Chavez become effective immediately, per their resignation letters (Attachment III). Vacated positions will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letters
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT

Adopt a Resolution Accepting the Resignations of Ms. Reanne Meighan, Mr. Adithya Naresh and Mr. Raul Chavez from the Keep Hayward Clean and Green Task Force, Effective Immediately

RECOMMENDATION

That the Council adopts a resolution (Attachment II) accepting the resignations of Ms. Reanne Meighan, Mr. Adithya Naresh, and Mr. Raul Chavez from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY AND DISCUSSION

Ms. Reanne Meighan was appointed to the Keep Hayward Clean and Green Task Force on September 15, 2020. Mr. Adithya Naresh was appointed to the Keep Hayward Clean and Green Task Force on September 18, 2018. Mr. Raul Chavez was appointed to the Keep Hayward Clean and Green Task Force on September 15, 2020. Resignations of Ms. Meighan, Mr. Naresh and Mr. Chavez become effective immed iately, per their resignation letters (Attachment III).

Vacated positions will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

FISCAL IMPACT

There is no fiscal impact associated with this 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.

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Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

_______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION No. 22-____

Introduced by Council Member __________

RESOLUTION ACCEPTING THE RESIGNATIONS OF MS. REANNE MEIGHAN, MR. ADITHYA NARESH AND MR. RAUL CHAVEZ FROM THE KEEP HAYWARD

CLEAN AND GREEN TASK FORCE

WHEREAS, Ms. Reanne Meighan was appointed to the Keep Hayward Clean and Green Task Force on September 15, 2020; and

WHEREAS, Mr. Adithya Naresh was appointed to the Keep Hayward Clean and Green Task Force on September 18, 2018; and

WHEREAS, Mr. Raul Chavez was appointed to the Keep Hayward Clean and Green Task Force on September 15, 2020; and

WHEREAS, Ms. Reanne Meighan submitted a resignation letter on April 1, 2022.

WHEREAS, Mr. Adithya Naresh submitted a resignation letter on April 21, 2022.

WHEREAS, Mr. Raul Chavez submitted a resignation letter on April 28, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignations of Ms. Reanne Meighan, Mr. Adithya Naresh and Mr. Raul Chavez; and commends them for their civic service to the City.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA, __________________________________.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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April 01, 2022

City of Hayward

Re: Resignation from KHCG Task Force

Dear City Clerk,

I am resigning from the KHCG Task Force. I have moved out of Hayward, CA and now live in a different county. I have enjoyed my time with the task force and hope to become involved again if I move back to Hayward. Thank you for the opportunity.

Sincerely,
Reanne Meighan

ATTACHMENT III

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From: Adithya Naresh
Sent: Thursday, April 21, 2022 7:40 PM
To: Miriam Lens <[email protected]>
Cc: Colleen Kamai <[email protected]>; Todd Rullman <[email protected]>; Miriam Lens <[email protected]>; Denise Chan <[email protected]>; Avinta Madhukansh <[email protected]>; Amber Parras <[email protected]> Subject: Re: A. Naresh-Attendance Warning Letters KHCGTF 042122

Dear Miriam, Collen, Hayward staff and any KHCG members,

Thank you for the email.

My apologies for not being able to attend some of the meetings the past year.

Unfortunately, due to unexpected workload and personal reasons, I am not able to commit as much time as I used to.

Because of this I would like to end my commitment as a task force member this year.

I really enjoyed my time with the task force both meeting other folks as well as well as helping out with the events.

I still plan to attend the clean up events in the future so I still look forward to seeing the members there.

Thank you again for giving me the opportunity to be a part of the task force.

Sincerely,
Adithya (AJ)

ATTACHMENT III

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From: Raúl Chavez
Sent: Thursday, April 28, 2022 2:33 PM
To: CityClerk <[email protected]>
Subject: Re: R. Chavez-Attendance Warning Letters KHCGTF 042122

Hello Ms.Parras/Ms.Lens,

I hope this email finds you well. Thank you for reaching out. I apologize for having missed a great amount of Keep Hayward Clean & Green Task Force meetings and events.

Unfortunately, my current work and school commitments conflict a lot, so after assessing my current situation I have decided it would be best to end my commitment as a task force member at this time.

Please let me know if there any additional steps to be taken in order to formally submit my resignation or if this e-mail suffices.

Thank you very much,

Raul Chavez

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-283
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt Resolutions Authorizing the City Manager to Execute Agreements with the Alameda County Health Care Services Agency and the Hayward Unified School District to Accept and Appropriate $227,150 and $120,000, Respectively, for School-Based Mental Health Services Provided by the City of Hayward in Fiscal Year 2022 Through 2023

RECOMMENDATION
That the Council adopts resolutions (Attachment II and Attachment III) authorizing the City Manager to execute agreements with the Alameda County Health Care Services Agency (ACHCSA) and the Hayward Unified School District (HUSD) to accept and appropriate $227,150 and $ 120,000, respectively, for school-based mental health care services provided by the City in fiscal year 2022 through 2023.

SUMMARY
Consistent with best practices on the most effective way to serve youth in a school setting, the Youth and Family Services Bureau (YFSB) School-Based Mental Health Programs take a broad approach to serving students by offering a continuum of interconnected school-based behavioral health services that include prevention, early intervention, and treatment for students and their families who attend HUSD schools.

The key components of the program include:
· Mental health counseling and clinical case management services for youth and families; · Therapeutic and positive youth development groups;
· Mental health consultation and classroom support for teachers, administrators and other school staff;
· Workshops, support groups and other consultation for parents/caregivers; · Mental health crisis response in the aftermath of school-related tragedies; · Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools; and · Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members.

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File #:CONS 22-283
Under the recommended agreements, 4.0 Full-Time Equivalent (FTE) Family Counselors will provide the services above to four identified schools.

Council approval is requested to authorize the City Manager to negotiate and execute: 1) the annual contract with the County for the Our Kids Our Families Program; and 2) the annual MOU with HUSD for site based mental health services to maintain these important mental health services for students.

ATTACHMENTS
Attachment I Staff Report
Attachment II ACHCSA Resolution
Attachment III HUSD Resolution
Attachment IV Program Data
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt Resolutions Authorizing the City Manager to Execute Agreements with the Alameda County Health Care Services Agency and the Hayward Unified School District to Accept and Appropriate $227,150 and $120,000, Respectively, for School Based Mental Health Services Provided by the City of Hayward in Fiscal Year 2022 Through 2023

RECOMMENDATION

That the Council adopts resolutions (Attachment II and Attachment III) authorizing the City Manager to execute agreements with the Alameda County Health Care Services Agency (ACHCSA) and the Hayward Unified School District (HUSD) to accept and appropriate $227,150 and $ 120,000, respectively, for school-based mental health care services provided by the City in fiscal year 2022 through 2023.

SUMMARY

Consistent with best practices on the most effective way to serve youth in a school setting, the Youth and Family Services Bureau (YFSB) School-Based Mental Health Programs take a broad approach to serving students by offering a continuum of interconnected school-based behavioral health services that include prevention, early intervention, and treatment for students and their families who attend HUSD schools. The key components of the program include:

 Mental health counseling and clinical case management services for youth and families;  Therapeutic and positive youth development groups;
 Mental health consultation and classroom support for teachers, administrators and other school staff;
 Workshops, support groups and other consultation for parents/caregivers;  Mental health crisis response in the aftermath of school-related tragedies;  Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools; and

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 Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members.

Under the recommended agreements, 4.0 Full-Time Equivalent (FTE) Family Counselors will provide the services above to four identified schools.

BACKGROUND

Preparing students to thrive and graduate high school ready for college and a career is one of the primary goals of K-12 education. Increasingly, educating the whole child to promote social-emotional and character development as well as academic skills is becoming a recognized best practice in education.1 The field of Social-Emotional Learning (SEL) offers a framework for how to incorporate a focus on the emotional needs of students into the daily tasks of education. The research shows that with this approach, students demonstrate significantly improved social and emotional skills, attitudes, behavior, and academic performance.2 Moreover, forming and maintaining relationships with caring adults at school has been linked to long-term success and can serve as a protective factor against trauma and other challenges.3

In 2009, the ACHCSA, Center for Healthy Schools and Communities (CHSC) launched a School- Based Behavioral Health Initiative to address student social-emotional issues as a critical ingredient for learning. The initiative supports a wide variety of services, including the Our Kids Our Families Program, which offers:

 School-based mental health services for youth and their families;  Mental health consultation training for teachers, staff, administrators, and parents;  Development and improvement of referral and service coordination systems; and  Consultation on school-wide efforts to create positive, culturally inclusive school environments.

1 AEI-Brookings Workgroup on Poverty and Opportunity, Opportunity, Responsibility and Security: A Consensus Plan for Reducing Poverty and Restoring the American Dream. December 3, 2015. Accessed August 24, 2020. https://www.brookings.edu/research/opportunity-responsibility-and-security-a-consensus-plan-for-reducing-poverty-and- restoring-the-american-dream/
2 Durlak, J. A., Weissberg, R. P., Dymnicki, A. B., Taylor, R. D. & Schellinger, K. B. (2011). The impact of enhancing students’ social and emotional learning: A meta-analysis of school-based universal interventions. Child Development, 82(1): 405–432.
3 Scales, P.C., Boat, A., & Pekel, K. (2020). Defining and Measuring Social Capital for Young People: A Practical Review of the Literature on Resource-Full Relationships. Minneapolis: Search Institute. Report for the Bill & Melinda Gates Foundation

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As part of the Our Kids Our Families Program, these services are provided by County staff and a network of community-based behavioral health providers, including the YFSB.

For nearly two decades, the YFSB has had an annual contract with the ACHCSA to provide school-based counseling and other support services in Hayward schools. With the development of the School-Based Behavioral Health Initiative in 2009, the focus of the work shifted to include both counseling services (individual, group, and family) as well as significant work with the whole school climate (including, parents, teachers, administrators, community providers, and others). The framework shift sought to amplify opportunities for youth to make crucial connections to adults by supporting the whole school, which included offering a range of services to both the youth and adults in the school system.

In 2016, through a new Local Control Funding Formula (LCFF), the State of California changed the way public schools are funded resulting in an increase in funding for the HUSD. LCFF requires schools to engage their communities to develop Local Control Accountability Plans (LCAP) on how they plan to use the increased funds. Through town hall meetings with students and families, HUSD determined more school-based counseling services were the greatest need in the schools. Partially as a result of the infrastructure built to deliver the already successful Our Kids Our Families program funded by the County, the HUSD initiated an agreement with the City to expand the school-based services provided by YFSB to include additional school sites.

Together, the services described above and provided under the recommended agreements are YFSB’s School-Based Mental Health Programs. These services are integrated and serve as part of a larger system of support for Hayward students. Currently, the County provides funding in the amount of $227,150 annually to offset the cost of three full-time equivalent (FTEs) YFSB Family Counselors to provide services in three Hayward schools. The District provides funding in the amount of $120,000 annually to offset the cost of one full-time equivalent (FTE) YFSB Family Counselor to provide services in an additional Hayward school.

Table 1 and Table 2 below summarize the services provided in the 2021-22 school year by the four YFSB Family Counselors assigned to the School-Based Mental Health Programs. See Attachment IV for additional program data.

In FY21-22, services were provided to ten HUSD Schools:

 Bowman Elementary School
 Treeview Elementary School
 Stonebrae Elementary School
 Lorin Eden Elementary School
 Southgate Elementary School
 Ochoa Middle School
 Bret Harte Middle School
 Martin Luther King Jr. Middle School
 Brenkwitz Continuation High School

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 Mt. Eden High School

Table 1. School-Based Mental Health Program Totals – Academic Year 21-22 (through 3/31/22)

Number of Unique Individuals Served (Students, Family,
Teachers, School Administrators, Other Providers)
3734
Unique Activities of Direct Service 1226

Table 2. School-Based Mental Health Program Services by Type – Academic Year 21-22 (through 3/31/22)

Individual Clients 163 students
Group Clients 1164 students
Student and Family Case Management 143 individuals
Classroom Support 41 hours
Consultation to Staff and
Administration
367 hours

The 2021-22 school year marked the return to in-person instruction for the first time since the COVID-19 pandemic restrictions began in 2020. At that time, instruction and mental health services had to be delivered in alternative ways. YFSB restructured service delivery to continue to accommodate the needs of students, families, and staff in HUSD. While YFSB staff returned to school sites this year, they still delivered services to families where and how they are comfortable and/or more likely to participate, utilizing telehealth and other community locations, in addition to school-based locations.

DISCUSSION

The YFSB School-Based Mental Health Programs have successfully served Hayward students for over a decade. At a time when the needs of Hayward youth and families are only increasing, it is more important than ever to maintain critical mental health services for students at school. The services that will be provided under the recommended agreements have been developed in partnership with the HUSD and the Alameda County Center for Healthy Schools and Communities. They reflect best practices for school-based mental health by taking a broader, school-wide approach to allow for the greatest impact possible with limited resources. Moreover, the program model allows for universal access to services with all students being eligible to participate at no cost, regardless of insurance or immigration status. Programs like YFSB’s School-Based Mental Health Programs have been shown to have a positive impact on key young adult outcomes across multiple domains of education, employment, criminal activity, substance use, and mental health.4

4 Damon E. Jones, Mark Greenberg, and Max Crowley. (2015). Early Social-Emotional Functioning and Public Health:

The Relationship Between Kindergarten Social Competence and Future Wellness. American Journal of Public Health 105, 2283_2290,

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Components of YFSB School-Based Mental Health Services – Academic Year 22-23  Mental health counseling and clinical case management services for youth and families to ensure that children and youth in need of early and intensive intervention services are receiving and benefitting from appropriate care, as well as removing or minimizing environmental contributors to problems;
 Therapeutic and positive youth development groups;
 Mental health consultation and classroom support for teachers, administrators and other school staff to enhance the capacity of adults to better meet the social-emotional needs of children, youth, and their networks;
 Workshops, support groups, and other consultation for parents/caregivers;  Mental health crisis response in the aftermath of school-related tragedies, including crisis intervention and management, triage, psychological first aid, and follow-up with students, parents, and school staff;
 Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools;
 Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members in order to create optimal conditions for learning and development; and  Clinical supervision of interns to support the school-based interventions above.

In FY22-23, services will be provided to four HUSD Schools:
 Stonebrae Elementary School
 Ochoa Middle School
 Bret Harte Middle School
 Martin Luther King Jr. Middle School

The total number of FTE covered under these agreements remains unchanged from the last fiscal year, but the services are being consolidated to provide more comprehensive support to the four identified schools. HUSD has been able to create and hire 14 new counselor positions to serve students which has led to greatly expanded capacity to meet the mental health needs of students district-wide. Allocating full-time YFSB clinicians to the four identified schools will improve the quality of services provided and allow for greater integration of mental health supports into the school communities.

School-Based Mental Health Program Staff
The YFSB staff assigned to the School-Based Mental Health Programs are highly qualified to provide the described services. Of the three counselors assigned to the County-funded Our Kids Our Families Program, two are Licensed Marriage and Family Therapists, and the third is a Licensed Clinical Social Worker. The counselor assigned to the HUSD-funded program is a Licensed Clinical Psychologist. All 4 YFSB counselors assigned to the school-based programs reflect the diversity of the Hayward community and one is a bilingual, bicultural Spanish speaker. They range in years of clinical experience from 5 to 25+ years.

Program Sustainability

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It is anticipated that these programs will be able to continue for many years to come. The current contract amount received annually from Alameda County is $227,150. County financing comes from a combination of Measure A Funds and Tobacco Master Settlement Funds and is a recurring expenditure in the County’s operating budget. Moreover, should additional County funds become available, it has been communicated that they would be likely to invest more in the City of Hayward to expand the services provided. The $120,000 received annually from HUSD comes from the Local Control Funding Formula. As part of this, school districts are required to create a new three-year Local Control Accountability Plan (LCAP) each year. The services are in the current three-year LCAP and given the ongoing demands for more mental health counseling for students, it is anticipated that this funding will continue to be part of HUSD’s three-year plan, and relatedly their operating budget.

The YFSB School-Based Mental Health Services are part of the YFSB’s overarching strategy to reduce and prevent juvenile involvement in the justice system by linking youth to services and opportunities that help them stay positively connected with the community. Keeping youth engaged in school is one of the most important protective factors in their success, and by extension, prevents them from getting into trouble with law enforcement. This has a clear nexus with public safety and contributes to the overall well-being of Hayward families.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Support Quality of Life. It specifically relates to Project 9: Expand existing support services offered by the Hayward Police Department Youth and Family Services Bureau to include life skills, diversion, and restorative justice.

ECONOMIC IMPACT

As stated above, supporting the emotional needs of students while they are in school has been shown to have positive outcomes on education, employment, criminal activity, substance use, and mental health that last for years to come. This has a positive economic impact on the Hayward community, as it addresses many of the factors that underlie poverty and a lack of economic opportunity. Moreover, the positive impact this program has on overall public safety contributes to a safe and thriving City which attracts residents and local businesses.

FISCAL IMPACT

The City will receive $227,150 in revenue from the agreement with ACHCSA and $120,000 in revenue from the agreement with HUSD. The four FTE Family Counselor positions discussed above are included in the City’s FY 2023 Operating Budget; accepting and appropriating these funds will help to offset the cost of these positions. While the revenue from these agreements does not fully cover the cost of the positions, the costs are further offset by additional revenue from the Medical Administrative Activities (MAA) agreement. Any remaining net costs to the City General Fund are already included in the approved budget.

NEXT STEPS

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If the Council authorizes this action, staff will work to 1) execute the agreement with ACHCSA to provide Our Kids Our Families services for FY22-23; 2) execute the agreement with HUSD to provide school-based mental health services for FY22-23; 3) accept and appropriate $347,150 in payment; and 4) continue providing essential mental health services to youth in schools.

Prepared by: Emily Young, Youth and Family Services Bureau Administrator

Recommended by: Toney Chaplin, Chief of Police

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A N

AGREEMENT WITH THE ALAMEDA COUNTY HEALTH CARE SERVICE AGENCY TO ACCEPT AND APPROPRIATE $227,150 FOR SCHOOL-BASED MENTAL

HEALTH SERVICES PROVIDED BY THE CITY OF HAYWARD IN FISCAL YEAR 2022 THORUGH 2023

WHEREAS, the Youth and Family Services Bureau has a long -standing history of providing behavioral health services in schools that combine direct supports to children, youth, and their families with system enhancements, to promote healthy social -emotional growth, prevent problems, and address behavioral health challenges; and

WHEREAS, the execution of a Fiscal Year 2022 through 2023 Agreement between the City of Hayward and the Alameda County Health Care Service Agency is necessary to continue to provide these services and generate the associated revenue;

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 a n Agreement with the Alameda County Health Care Services Agency to receive $227,150 for services provided by the City of Hayward’s Youth and Family Services Bureau in Fiscal Year 2022 through 2023.

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

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HAYWARD CITY COUNCIL
RESOLUTION NO. 2 2 -_____
Introduced by Council Member _____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE HAYWARD UNIFIED SCHOOL DISTRICT TO ACCEPT AND APPROPRIATE $120,000 FOR SCHOOL-BASED MENTAL HEALTH SERVICES PROVIDED BY THE CITY OF HAYWARD IN FISCAL YEAR 2022 THROUGH 2023

WHEREAS, the execution of a Fiscal Year 2022 through 2023 Agreement between the City of Hayward and the Hayward Unified School District is necessary to continue to provide these services and generate the associated revenue;

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 an Agreement with the Hayward Unified School District to receive $120,000 for services provided by the City of Hayward’s Youth and Family Services Bureau in Fiscal Year 2022 through 2023

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
Primary Focus Area Percentage Number of Activities
Social Emotional Learning 37% 465
Mental Health 15% 197
Coordination of Services 14% 173
Social Skills/Relationship Support 10% 125
Climate and Culture 8% 98
Family Partnerships/Support 5% 59
Behavioral Issues 3% 32
Academic Support 2% 30
Classroom Support 1% 15
Restorative Practices 1% 12
Crisis 1% 9
Trauma Awareness <1% 4
Legal Services <1% 4
Health Insurance <1% 2
Physical Health <1% 1
Total 1226
Age Percentage Number of Activities
Elementary Schools (age 5-10) 35% 444
Middle School (age 11-14) 41% 524
High School (age 14-18+) 20% 258
Total 1226
Population Served Percentage Number of Activities
Student/Youth 56% 717
Teacher/Staff/Provider 21% 271
Whole School 5% 59
School Administration/Staff 8% 97
Family 6% 82
Total 1226
Types of Activities by Population Served
Whole School Activity Percentage Number of Activities
Coordination of Services Team (COST) 27% 43
Other Site-Wide Initiative 8% 13
Community Partner Collaboration 1% 2
Assembly/Workshop 1% 1
Total 59
School-Based Program Data - 8/1/2021-3/31/2022

ATTACHMENT IV
Student/Youth Activity Percentage Number of Activities
Individual Clinical 38% 158
Case Management 30% 122
Group Positive Youth Development
(closed, regularly scheduled group) 22% 91
Group Drop-in 22% 91
Individual Drop-In 20% 83
Outreach 19% 79
Classroom/Workshop Support 11% 45
Group Clinical 6% 23
Crisis 4% 16
SST/IEP/504 1% 6
Educational or Legal Advocacy <1% 1
Total 715
Family Activity Percentage Number of Activities
Family Counseling 15% 11
Outreach 36% 27
Case Management 26% 19
Drop-In 16% 12
Crisis Support 7% 5
Educational/legal Advocacy 5% 4
Workshop 5% 4
Total 82
Teacher/Staff Provider Activity Percentage Number of Activities Consultation 58% 240
Training 5% 20
Classroom Support 3% 11
Total 271
School Administration/Staff Activity Percentage Number of Activities Consultation 43% 93
Training 2% 4
Total 97

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-295
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Director of Library Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $50,000 in Funding from Edward Martins or the Donna L and Edward E Martins Foundation to Support Library Services and Programs

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $50,000 in donations from Edward Martins or the Donna L and Edward E Martins Foundation to support the operation of Library Services and Programs for FY 2022, and annually for the next three fiscal years, through the end of FY 2025.

SUMMARY
Mr. Edward Martins has been a well-known local figure, practicing law and serving in a variety of roles in the Hayward community and with a strong commitment to education and youth in Hayward. After learning about the benefits of a mobile library and the services it could provide to the residents of Hayward, Mr. Martins, and his late wife Donna Martins, gifted $250,000 through the Martins Foundation to support the acquisition of a bookmobile for the Hayward Public Library. Encouraged by the staff’s work on the bookmobile project, and Hayward Public Library’s excellent programs and their commitment to service, Mr. Martins, and the Martins Foundation have offered to continue their support for Library Services programming.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Director of Library Services

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $50,000 in Funding from Edward Martins or the Donna L and Edward E Martins Foundation to Support Library Services and Programs

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $50,000 in donations from Edward Martins or the Donna L and Edward E Martins Foundation to support the operation of Library Services and Programs for FY 2022, and annually for the next three fiscal years, through the end of FY 2025.

SUMMARY

Mr. Edward Martins has been a well-known local figure, practicing law and serving in a variety of roles in the Hayward community and with a strong commitment to education and youth in Hayward. After learning about the benefits of a mobile library and the services it could provide to the residents of Hayward, Mr. Martins, and his late wife Donna Martins, gifted $250,000 through the Martins Foundation to support the acquisition of a bookmobile for the Hayward Public Library. Encouraged by the staff’s work on the bookmobile project, and Hayward Public Library’s excellent programs and their commitment to service, Mr. Martins, and the Martins Foundation have offered to continue their support for Library Services programming.

BACKGROUND AND DISCUSSION

Edward Martins began working as an attorney in Hayward in 1952 when he received his law degree from the University of San Francisco. Mr. Martins served on the Southern Alameda County Bar Committee to bring a branch of the Superior Court to Hayward and has also served as the director and president of the Hayward Chamber of Commerce, as president of the Board of Chabot College Trustees, as chairman of the “Chabot Must Grow” Committee, and as president of the Alameda County Bar Association.

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After learning about the benefits of a mobile library and the services it could provide to the residents of Hayward, Mr. Martins, and his late wife Donna Martins made a commitment to this project and gifted $250,000 through the Martins Foundation to support the acquisition of a bookmobile for the Hayward Public Library in Fiscal Year 2021. Encouraged by the staff’s work on the bookmobile project, and Hayward Public Library’s excellent programs and their commitment to service, Mr. Martins, and the Martins Foundation have offered to continue their support for Library Services programming. The funding could come from the Foundation, or directly from Mr. Martins.

Last month (April 2022), Mr. Martins and the Martins Foundation agreed to a request for funding for teen services programs. The Foundation has donated $6,400 for Music Software and Board Games and Mr. Martins has personally donated $10,000 for technology purchases.

The letters included with the donations make clear that Mr. Martins and the Board of the Martins Foundation are happy to support our projects and have great faith in the Library and our programs.

ECONOMIC IMPACT

Funding from Edward Martins and the Martins Foundation will help provide additional equipment and materials to enhance programs offered by Hayward Public Library. The donations offered in April will provide board games and digital resources to expand youth and teen programming.

FISCAL IMPACT

With the acceptance of the $50,000 donation, the Library will be able to offer services to the Hayward community that may not have otherwise been available.

STRATEGIC ROADMAP

This agenda item is a routine operational item and supports the Quality-of-Life priority outlined in the Council’s Strategic Roadmap.

NEXT STEPS

As funds are donated, they will be appropriated (up to $50,000 annually) to the Library for the intended purpose and will be tracked accordingly.

Prepared by: Brad Olson, Management Analyst II

Recommended by: Jayanti Addleman, Director of Library Services

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Approved by:
________________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

AUTHORIZE THE CITY M ANAGER TO ACCEPT AND APPROPRIATE UP TO $50,000 IN FUNDING F ROM EDWARD MARTINS OR THE DONNA L. AND EDWARD E. MARTINS FOUNDATION T O SUPPORT LIBRARY SE RVICES AND

PROGRAMS

WHEREAS, Edward Martins has been a well -known local figure, practicing law and serving in a variety of roles in the Hayward community; and

WHEREAS, Edward Martins , his late wife Donna , and the Donna L. and Edward E.

Martins Foundation, gifted a check for $250,000 in FY2021 to support the acquisition of a Bookmobile for the Hayward Public Library; and

WHEREAS, After the Bookmobile (Curbie) was launched, Mr. Martins and the Board of the Martins Foundation expressed an interest in providing ongoing support for Library programs; and

WHEREAS, Edward Martins and the Martins Foundation, have agreed to additional funding totaling $16,400 to support teen services programs at Hayward Public Library; and

WHEREAS, Edward Martins and the Board of the Martins Foundation have expressed an interest in providing ongoing support for Library programs;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate up to $50,000 in donations from Edward Martins or the Martins Foundation to support Library Services programs in FY2022 and annually for the next three fiscal years, through the end of FY 2025.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-298
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the Sole Source Purchase of Submersible Wastewater Pumps for Use at the Valle Vista Lift Station in an Amount Not-to-Exceed $331,893.60

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute the sole source purchase of submersible wastewater pumps for use at the Valle Vista Lift Station in an amount not-to- exceed $331,893.60.

SUMMARY
The Valle Vista Lift Station currently utilizes submersible pumps to pump wastewater to the Water Pollution Control Facility (WPCF) for treatment and disposal. Currently, two of the four pumps are obsolete and must be replaced in order to avoid interruption of services. The City has standardized using Flygt submersible wastewater pumps, which are considered the industry standard and have an outstanding performance record in every sewer and storm water lift station. In addition, they require less maintenance with significant savings in electricity use. As such, staff recommends that the City Manager be authorized to execute the sole source purchase of this equipment from Xylem Water Solutions U.S.A., Inc., in an amount not-to-exceed $331,893.60. Council has previously approved funding for the purchase of this equipment as part of the FY 2022 Capital Improvement Program (CIP).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the Sole Source Purchase of Submersible Wastewater Pumps for Use at the Valle Vista Lift Station in an Amount Not- to-Exceed $331,893.60

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute the sole source purchase of submersible wastewater pumps for use at the Valle Vista Lift Station in an amount not-to-exceed $331,893.60.

SUMMARY

The Valle Vista Lift Station currently utilizes submersible pumps to pump wastewater to the Water Pollution Control Facility (WPCF) for treatment and disposal. Currently, two of the four pumps are obsolete and must be replaced in order to avoid interruption of services. The City has standardized using Flygt submersible wastewater pumps, which are considered the industry standard and have an outstanding performance record in every sewer and storm water lift station. In addition, they require less maintenance with significant savings in electricity use. As such, staff recommends that the City Manager be authorized to execute the sole source purchase of this equipment from Xylem Water Solutions U.S.A., Inc., in an amount not-to-exceed $331,893.60. Council has previously approved funding for the purchase of this equipment as part of the FY 2022 Capital Improvement Program (CIP).

BACKGROUND

The City’s Utilities Division operates and maintains all water and wastewater collection system facilities, including sewer collection system repairs. Approximately half of the raw sewage that flows to the WPCF per day comes through the Valle Vista Lift Station. This station is served by four pumps and are responsible for pumping, on average, 5 million gallons per day (MGD) of sewage to the WPCF for treatment. These pumps are critical to the City of Hayward’s sewer system.

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DISCUSSION

Flygt submersible wastewater pumps from Xylem Water Solutions U.S.A., Inc., were originally installed at the Valle Vista Lift Station during the station’s retrofit in 1998. These are the original pumps and have lasted past their expected useful life. One 135 horsepower (HP) pump is no longer operable, and another pump is not in good condition. With the significant amount of wastewater that flows through this station, it is imperative that these pumps be replaced.

The City has standardized using Flygt submersible wastewater pumps, which are considered the industry standard as they are reliable and robust. By standardizing Flygt pumps and spare parts for all sewer and lift stations, staff is able to carry fewer spare parts without impacting the readiness and ability to make repairs. As such, staff is requesting Council authorization to pursue the purchase of the Flygt submersible wastewater pumps as a sole source.

ECONOMIC IMPACT

By replacing these aging pumps as they reach the end of their useful life, the City will minimize the possibility of emergency outages, which could be a significant impact on local businesses and residents if overflows occur.

FISCAL IMPACT

The cost of the equipment, as quoted by Xylem Water Solutions U.S.A., Inc., is approximately $331,893.60, including tax and shipping. Funding for this equipment was previously approved as part of the FY 2022 CIP, Valle Vista Submersible Pump Replacement and Wet Well Rehabilitation Project No. 07626, at an amount of $700,000 within Sewer Replacement Fund 611.

STRATEGIC ROADMAP

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.

SUSTAINABILITY FEATURES

Purchase of the submersible wastewater pumps will enable the City to continue to pump wastewater to the WPCF for treatment and disposal. By replacing these aging pumps as they reach the end of their useful life, the City will minimize the possibility of emergency outages, which would be a significant environmental impact if an overflow occurs.

PUBLIC CONTACT

Purchase of this equipment requires no public contact.

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NEXT STEPS

If Council approves staff’s recommendation, the City Manager will execute the sole source purchase of this equipment from Xylem Water Solutions U.S.A., Inc.

Prepared by: Benjie Foreman, Utilities Operations & Maintenance Supervisor Bert Weiss, Utilities Operations & Maintenance Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SOLE

SOURCE PURCHASE OF SUBMERSIBLE WASTEWATER PUMPS FOR USE AT

THE VALLE VISTA LIFT STATION IN AN AMOUNT NOT -TO-EXCEED $331,893.60

WHEREAS, the Valle Vista Lift Station currently utilizes four Flygt submersible wastewater pumps to pump sewage to the Water Pollution Control Fac ility (WPCF) for treatment; and

WHEREAS, two pumps are obsolete and must be replaced in order to avoid interruption of services; and

WHEREAS, City has standardized using Flygt submersible wastewater pumps and spare parts for all sewer and stormwater lift stations; and

WHEREAS, Xylem Water Solutions U.S.A., Inc. , is a vendor that provide s Flygt submersible wastewater pumps; and

WHEREAS, the Adopted FY 2022 Capital Improvement Program includes funding for the purchase of submersible wastewater pumps for use at the Valle Vista Lift Station at an amount of $700,000 in the Sewer Replacement Fund (Fund 611), Valle Vista Submersible Pump Replacement and Wet Well Rehabilitation Project No. 07626.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to proceed with the sole source purchase of the submersible wastewater pumps from Xylem Water Solutions U.S.A., Inc., in an amount not-to-exceed $331,893.60.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA , 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

City Clerk of the City of Hayward

APPROVED AS TO FORM:

City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 22-013
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
FY 2023 City Budget: Proposed Fiscal Year 2023 Operating Budget Work Session #2

RECOMMENDATION
That the Council continues to review and provide direction to staff on the City’s proposed FY 2023 Operating Budget.
..End

SUMMARY
The proposed FY 2023 Operating Budget Council Work Session #2 is a continuation of the budget conversation following the Saturday, May 14, 2022 work session. Budget Work Session #2 will include department presentations that were not completed during the Saturday budget work session and will include follow-up discussion on any specific items requiring Council direction in advance of the adoption of the FY 2023 Operating Budget on June 7, 2022.

ATTACHMENTS
Attachment I Staff Report
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Director of Finance

SUBJECT FY 2023 City Budget: Proposed Fiscal Year 2023 Operating Budget Work Session #2

RECOMMENDATION

That the Council continues to review and provide direction to staff on the City’s proposed FY 2023 Operating Budget.

SUMMARY

The proposed FY 2023 Operating Budget Council Work Session #2 is a continuation of the budget conversation following the Saturday, May 14, 2022 work session. Budget Work Session #2 will include department presentations that were not completed during the Saturday budget work session and will include follow-up discussion on any specific items requiring Council direction in advance of the adoption of the FY 2023 Operating Budget on June 7, 2022.

BACKGROUND

The FY 2023 Operating Budget process began in January of 2022. Over the last several months, Finance staff and the various departments met to review the respective FY 2023 department budget proposals before presenting them to the City Manager. On April 28, the proposed FY 2023 Operating Budget was provided to the Council ahead of the Saturday budget work session on May 14, 2022.

DISCUSSION

The proposed FY 2023 Operating Budget document was provided to the Council on April 28, 2022 in advance of the May 14, 2022, Saturday work session. Over the upcoming weeks, Council will consider the annual budget prior to the planned adoption on June 7, 2022. During the Saturday work session, Council receives and discusses department budgets, where Council has an opportunity to ask questions as well as discuss and provide feedback to each department. The Saturday budget work session also includes a review of the City’s Five-Year Plan.

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Budget Work Session #2 includes department presentations that were not completed during the Saturday budget work session and includes follow-up discussion on any specific items requiring Council direction in advance of the adoption of the FY 2023 Operating Budget on June 7, 2022.

The proposed FY 2023 Operating Budget provided to Council on April 28, 2022, reflects projected General Fund revenues of $199.1 million, which includes the one-time transfer of American Rescue Plan Act (ARPA) funding for the replacement of lost revenue during the COVID crisis. Proposed FY 2023 General Fund expenditures at $193.9 million, representing an increase of $9.2 million over the FY 2022 Adopted Budget. The proposed FY 2023 Operating Budget is balanced and is projected to build General Fund Reserves by $5.2 million.

FISCAL IMPACT

The fiscal impacts of the information presented are dependent on the direction of Council.

Changes resulting from Council direction will be included in the FY 2023 Operating Budget presented for the public hearing and adoption at the regularly scheduled Council meeting on June 7, 2022.

STRATEGIC ROADMAP

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.

NEXT STEPS

The proposed FY 2022 Operating Budget and Capital Improvement Program budgets will be presented to the Council for consideration at a public hearing and adoption on June 7, 2022.

Prepared by: Nicole Gonzales, Deputy Director of Finance

Recommended by: Dustin Claussen, Director of Finance

Approved by:

__________________________________________
Kelly McAdoo, City Manager

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 22-011
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Review of Recommended Capital Improvement Program for FY 2023 - FY 2032

RECOMMENDATION
That the Council reviews and comments on the Recommended Capital Improvement Program (CIP) for Fiscal Year (FY) 2023 through FY 2032.

SUMMARY
The Capital Improvement Program (CIP) is a planning document intended to guide the City’s capital project expenditures for the upcoming ten-year period. The proposed CIP budget includes approximately $118 million in FY 2023 and an estimated $634 million in the next ten years. Given that Hayward is a full- service city, the CIP covers a wide range of projects, which may include street construction and improvements; wastewater, recycled water, storm water, and water system upgrades; groundwater projects; construction of public buildings; airport projects; replacement of major equipment; clean and renewable energy generation; and other miscellaneous projects. As in past years, the document also includes Identified and Unfunded Capital Needs, which currently total $501 million.

The Recommended FY 2023 - FY 2032 CIP can be found on the City’s website and features a new online format. Additionally, a downloadable PDF version the CIP can also be accessed on the City’s website. This PDF version has been created so that viewers can print the document, if desired, and so that it can be downloaded for in-document note taking purposes. However, it is important to note that some of the interactive functionality of the new online CIP format is lost when viewed in the static PDF version, so viewing it in its new online format is recommended when possible.

Planning Commission Review
State law requires that the Planning Commission review the Recommended CIP to ensure conformance with the City’s adopted General Plan. The Recommended FY 2023 - FY 2032 CIP was presented to the Planning Commission at their April 14, 2022 meeting, and the Commission unanimously found that the Recommended FY 2023 - FY 2032 CIP is consistent with the City’s 2040 General Plan.

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File #:WS 22-011
Council Infrastructure Committee Review
On April 27, 2022, the Council Infrastructure Committee (CIC) discussed the proposed CIP budget and the improvements made to the CIP online platform.

ATTACHMENTS
Attachment I Staff Report
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Review of Recommended Capital Improvement Program for FY 2023 – FY 2032

RECOMMENDATION

That the Council reviews and comments on the Recommended Capital Improvement Program (CIP) for Fiscal Year (FY) 2023 through FY 2032.

SUMMARY

The Capital Improvement Program (CIP) is a planning document intended to guide the City’s capital project expenditures for the upcoming ten-year period. The proposed CIP budget includes approximately $118 million in FY 2023 and an estimated $634 million in the next ten years. Given that Hayward is a full-service city, the CIP covers a wide range of projects, which may include street construction and improvements; wastewater, recycled water, storm water, and water system upgrades; groundwater projects; construction of public buildings; airport projects; replacement of major equipment; clean and renewable energy generation; and other miscellaneous projects. As in past years, the document also includes Identified and Unfunded Capital Needs, which currently total $501 million.

The Recommended FY 2023 – FY 2032 CIP can be found here1 on the City’s website and features a new online format. Additionally, a downloadable PDF version the CIP can be accessed here2. This PDF version has been created so that viewers can print the document, if desired, and so that it can be downloaded for in-document note taking purposes.

However, it is important to note that some of the interactive functionality of the new online CIP format is lost when viewed in the static PDF version, so viewing it in its new online format is recommended when possible.

Planning Commission Review
State law requires that the Planning Commission review the Recommended CIP to ensure conformance with the City’s adopted General Plan. The Recommended FY 2023 – FY 2032 CIP was presented to the Planning Commission at their April 14, 2022 meeting3, and the Commission unanimously found that the Recommended FY 2023 – FY 2032 CIP is

1 https://www.hayward-ca.gov/your-government/documents/capital-improvement-program 2 https://www.hayward-ca.gov/sites/default/files/Proposed%20FY23%20CIP.pdf 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=5548741&GUID=35C49B67-8849-4403-9495-802125E68450

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consistent with the City’s 2040 General Plan.

Council Infrastructure Committee Review
On April 27, 20224, the Council Infrastructure Committee (CIC) discussed the proposed CIP budget and the improvements made to the CIP online platform.

BACKGROUND

The CIP process begins with staff’s preparation of projects and related cost estimates, which are framed by the guidance provided by Council, as well as the needs of the community.

Capital projects are identified and prioritized with an emphasis on eliminating geographic inequities in the distribution of City services and infrastructure. Highest priority is given to areas in the community that have received less than their proportionate level of improvements in past years, as well as those communities with the current highest need, as evidenced by the condition of their infrastructure.

The projects in the Recommended FY 2023 – FY 2032 CIP have also been identified and prioritized based on their relevancy to the adopted Strategic Roadmap and its Three-Year Vision. The CIP, by its nature, predominantly supports the Improve Infrastructure Priority, but it also includes a number of projects that support the Combat Climate Change Priority, the Support Quality of Life Priority, the Improve Organizational Health Priority, and the Grow the Economy Priority. Council recently adopted the revised Strategic Roadmap with the revised priorities titles, which will be incorporated in the final version of the CIP document that is published following Council adoption in June.

The projects ultimately identified for inclusion in the CIP are designed to meet the requirements of the City’s General Plan, specific plans, and master plans. The capital project funding requests are then submitted for evaluation to an internal capital projects review committee. Once the review committee’s feedback is incorporated, the Recommended Ten- Year CIP is compiled and presented to the CIC for review and input, as well as the Planning Commission for conformance with the General Plan. Then, the Recommended Ten-Year CIP is reviewed by Council at a work session. The public has the opportunity to provide comments at each of these meetings, as well as at the last public hearing, which is tentatively planned to take place on June 7, 2022. It is at this final public hearing that the capital spending plan for the upcoming year will be considered by Council for adoption.

DISCUSSION

The CIP is a planning document intended to guide the City’s capital project expenditures for the upcoming ten-year period. The proposed CIP budget includes approximately $118 million in FY 2023 and an estimated $634 million in the next ten years. Given that Hayward is a full- service city, the CIP covers a wide range of projects, which may include street construction and improvements; wastewater, recycled water, storm water, and water system upgrades; groundwater projects; construction of public buildings; airport projects;

4 https://hayward.legistar.com/LegislationDetail.aspx?ID=5565374&GUID=1099F283-12B6-4A4D-84C0-6FDC9CCFA859

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replacement of major equipment; clean and renewable energy generation; and other miscellaneous projects. As in past years, the document also includes Identified and Unfunded Capital Needs, which currently total $501 million.

Below is a discussion of major projects in each category for which work will begin or continue into FY 2023. Please note that not all of the projects featured in this report are being recommended to receive new FY 2023 funding.

Livable Neighborhoods Projects
Projects categorized as “Livable Neighborhoods” include street lighting projects, pedestrian traffic signal improvements, parks, buildings, murals, transportation equity projects, and traffic calming measures, as well as sidewalk and wheelchair ramp improvements throughout the City. New Livable Neighborhoods Projects in the Recommended FY23 – FY32 CIP include the Campus Drive Improvements, which will be used to partner with a consultant to design pedestrian, bicycle, and traffic calming improvements to address safety concerns and mobility needs in the 0.78 mile-stretch of Campus Drive between 2nd Street and Hayward Boulevard. Another new project, the Transportation Equity Plan, partly funded by a CalTrans grant, will assess equity concerns and develop methods to resolve and reverse inequitable outcomes through an enforceable implementation program. A combined total of $1.48 million traffic calming projects are included in the FY23 proposed budget.

Another major Livable Neighborhoods Project is La Vista Park, the 50-acre destination park located a quarter mile east of the intersection of Tennyson Road and Mission Boulevard in South Hayward. In FY 2022, the California Environmental Quality Act (CEQA) report was updated to include the park expansion area, and 65% of the construction documents have been completed. Construction is estimated to begin in Spring of 2023.

New sidewalk projects are another key piece of the Livable Neighborhoods category. New sidewalk project locations are typically identified through requests from residents. The requests are evaluated based on distance to schools, existing pedestrian routes, and pedestrian volume. This evaluation is used to determine the priorities for new sidewalk locations. The FY23 New Sidewalk Program includes $800,000 in recommended programming and would involve constructing sidewalks on Hesperian Blvd, from Catalpa Way to Bolero Ave, and along West Winton Ave, from Hesperian Blvd to Bulldog Way.

Road and Streets Projects
Projects in the “Road and Streets” category range from curb and gutter repair to major gateway corridor improvements and are primarily funded through non-discretionary funding including Measures B (Fund 215 and 216) and Measure BB (Fund 212, 213, and 219), Gas Tax (Fund 210), Vehicle Registration Fee (VRF) (Fund 218), Road 238 Corridor Improvement (Fund 410), Streets Improvement (Fund 450), Transportation System Improvement (Fund 460), and grants such as LATIP and the Alameda County Transportation Commission (Alameda CTC) funds.

A key project in this category is Phase 3 of the Mission Boulevard Corridor Improvement Project, located from A Street to the northern City limit at Rose Street. This is the last phase

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of the three-phase Mission Blvd Corridor Improvement Project and, like the phases before it, includes undergrounding of overhead utilities, electrical service conversions of private properties, construction of bicycle cycle track, sidewalk, curb and gutter, rehabilitation of pavement, installation of traffic signals and streetlights, installation of traffic striping, pavement marking and signage, improvements to storm drains systems, installation of irrigation system and landscaping, as well as City of Hayward monument signs. The Council called for bids on this project and received bids earlier this year. However, the low bid was substantially over the Engineer’s estimates and resulted in a $5.2 million funding gap. Staff is actively pursuing additional funding to close the gap and re-advertise the project for bids later in this calendar year.

Pavement Rehabilitation
Pavement Rehabilitation projects are a subsection of the Road and Streets projects which are typically discussed separately because they represent a relatively large part of the annual CIP. Approximately $10.8 million in Pavement Rehabilitation programming is recommended for FY23.

Street selection for pavement rehabilitation projects is based on several criteria. First, the Pavement Management Program (PMP) is used to evaluate current roadway conditions and future condition predictions. The PMP provides a logical and efficient method for identifying street rehabilitation needs and determining a path for implementation. Staff also refers to the Metropolitan Transportation Commission’s (MTC) guidelines, Maintenance Services staff’s reports on streets in need of repair, especially after a severe rainy season, and public requests for street rehabilitation. The PMP is updated every two years and is a prerequisite for certain funding sources. The industry standard practice recommended by MTC is that a minimum of 15% of funding be spent on preventive maintenance and a maximum of 85% on pavement rehabilitation. The City improves on this standard with a minimum of 20% spent on preventive maintenance and 80% on pavement rehabilitation. Additionally, in 2014, Council approved the Economic Development Strategic Plan, which recommended additional improvements be made to streets in the Industrial area. Approximately 15% to 20% of the overall paving budget is allocated to improvements in that area. Staff also has an internal policy to allocate at least 10% of the overall paving budget to roads with a pavement condition index (PCI) of less than 30.

Municipal Facility Improvements
The “Municipal Facility Improvements” category includes projects that involve improvements to existing municipal buildings and construction of new municipal buildings. One major project included in this category is the Fire Station No. 6 & Fire Training Center Project, which is currently budgeted at $71 million. The project includes deconstruction of the existing buildings and construction of nine new buildings and structures. These new structures include the Fire Station 6/Classroom Building; Apparatus Building; Burn Building; Training Tower; Storage Building; Hangar Building; Outdoor Classroom Building; Urban Search & Rescue/BART Training Structure; and the Entry Structure. Construction, which began in August 2020, is well underway. However, some supply chain issues, such as the availability of a PG&E transformer, may delay the completion of the project. The project is currently scheduled to be completed in late 2022.

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Sewer System Projects
The “Sewer Systems” category includes projects which are Enterprise Fund-supported, and which are related to the improvement of our sewer system, water re-use efforts, and Water Pollution Control Facility (WPCF).

The City’s sewer line replacement projects are examples of key projects in this category. They typically involve the replacement of pipelines that are showing signs of age, or the upsizing of undersized mains to increase their conveyance capacity to handle current and future flows.

With an ambitious goal of replacing an average of three miles of sewer mains annually, the proposed CIP recommends $6 million in funding for the FY23 Sewer Line Replacement Program. While this funding level may not be enough to pay for all needed system replacements including sewer pipelines, the increase is a step in the right direction.

Other projects in this category include those related to the WPCF Phase II Facilities and Nutrient Management Upgrades. The various upgrade projects have been established following the recent development of a Facilities Plan Update, which is intended to guide the plant’s infrastructure and technology needs for the next twenty years. The development of a nutrient removal management strategy to meet the future State Water Board regulations is a key function of the WPCF Facilities Plan Update and the Phase II improvements. Nutrients in the San Francisco Bay are a growing concern for the regional water quality community and, as a result, requirements are being developed by the State to regulate their discharge into the Bay.

The final plan update was completed in June 2020, and in spring 2022 staff began the process of identifying a consultant to recommend to Council for completion of the design work to implement the identified improvements. In addition to the design and construction of the Phase II WPCF Upgrade, the project includes a new administration building and laboratory, as well as other related improvement needs. The design effort is estimated to cost between $8 million and $12 million. Construction of the improvements is currently estimated to cost $130 million, $70 million of which is currently unfunded. In 2023, staff plan to apply for both a State Revolving Fund (SRF) and USEPA Water Infrastructure Finance and Innovation Act (WIFIA) loans to help fund the $60 million in estimated construction costs that is currently programmed in FY 2024 - 2025 in the CIP.

Recycled Water Project
The Recycled Water Project is also a major project in the Sewer Systems category. This project improves the City’s overall water supply reliability and conserves drinking water supplies through the delivery of tertiary treated recycled water to sites near the WPCF for landscape irrigation and industrial uses. Construction of the storage tank, pump station, and distribution pipelines for the system was completed in FY 2020. Construction of the treatment facility was completed in summer 2020, and recycled water deliveries to the first phase of customers began in March 2022. Phase II of the project, which is an expansion of the treatment facility and distribution pipeline, is currently scheduled in FY25 at $9.8 million.

Water Systems Projects
“Water System Projects” are Enterprise Fund-supported and are related to the improvement of our water system, as well as projects which promote water conservation. One key program

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in this category is the Cast Iron Water Pipeline Replacement Program. Over the next ten years, the City will annually replace existing cast iron and asbestos cement pipes that are either reaching the end of their practical useful life, as evidenced by the frequency of the main and service connection breaks and leaks, or they are hydraulically undersized. The Recommended CIP includes $500,000 in annual programming to support this effort.

The FY23 Water Line Replacement Program is another key Water Systems project, which involves the replacement existing water mains to provide adequate capacity for fire flow and to maintain the operability of the water distribution system. Water mains are selected for a variety of reasons including having exceeded service life, frequency of breaks, and/or upgrades needed for supply reliability. With a goal of replacing an average of three miles of water pipeline annually, the proposed CIP includes $5.5 million in funding for the FY23 Water Line Replacement Program. While this funding level may not be enough to pay for all needed system replacements including water pipelines, the increase is a step in the right direction.

Fleet Management
The “Fleet Management” category is comprised of projects involving the replacement of fleet units in various departments, divisions, and work groups. Fleet purchases benefitting the Fire and Police departments are predominantly funded by transfers from the General Fund, while fleet purchases benefitting the Airport, Stormwater, Sewer, and Water divisions are predominantly supported by Enterprise funding. Approximately $5.4 million in FY 2023 Fleet Management category projects are included in the proposed CIP, and involve projects supporting General Fund fleet replacement efforts, Enterprise Fund-supported fleet replacement efforts, and Electric Vehicle Infrastructure efforts if City awarded funds from the Infrastructure Investment Act.

The City maintains a fleet of approximately 450 vehicles and equipment units, and the useful life of these fleet units is maximized and managed via the 10 Year Fleet Capital Replacement Plan. The plan identifies replacement timelines based on age, mileage, maintenance, and safety. When it comes time to retire a unit, carbon emissions are a key consideration. This is in alignment with the City's Strategic Roadmap "Combat Climate Change" Priority Project No. 7 to transition 15% of total City fleet to EV/hybrid models.

Following a successful pilot program in FY21, Fleet Management adopted a new standard for Hayward Police Patrol Vehicles in which all replacement purchases will be hybrid-powered models. In FY22, 55% of new purchases were electric vehicles (EV) or hybrids: ten hybrid Police Interceptors and one Toyota Corolla Hybrid amongst a total of twenty replacement vehicles ordered.

Staff continues to work on increasing our investment in EV where possible and within current replacement cycles and budget parameters, but development of an implementation plan to increase City EV charging infrastructure is necessary in order to accommodate future increases in the City’s EV Fleet. As such, in FY 2023, the Proposed CIP includes two new projects in Fund 405 for Citywide EV Charging Strategy Upgrades and the installation of Publicly Accessible Fast Chargers. A recent report by East Bay Community Energy (EBCE) provided an analysis of the charging infrastructure that will be needed to electrify the City’s 129 light duty, non-emergency, fleet vehicles. The report concluded the City will need three

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Level 1 chargers (15-20 Amps each), fifty-four Level 2 chargers (40 Amps each) and four Direct Current Fast Chargers (80 Amps or more) installed across eleven City facilities. Staff are also working with EBCE to install one to three fast charging hubs for electric vehicle charging.

Hubs would serve the general public, but would be sited to also serve residents of multi- family properties, many of which are older buildings that lack the infrastructure needed to support EV charging. Implementation of these projects will be contingent on receiving funding through the Federal Infrastructure Investment and Jobs Act, which staff applied for in late FY 2022.

Equipment and Software
The “Equipment and Software” category is predominantly comprised of equipment-related purchases supporting the Fire, Police, Maintenance Services, Public Works & Utilities, and Information Technology Departments, such as the purchase of Fire Department radios, purchase of fleet cameras, and replacement of aging fiber optic lines between City facilities.

The recommended FY23 CIP includes programming of approximately $2.4 million in this category.

Airport
This category encompasses all projects related to the improvement of the Hayward Executive Airport (HEA), the City’s self-supporting general aviation reliever airport which encompasses nearly 500 acres. One key project in this category is the Sulphur Creek Safety Enhancement – Construction Project, which involves the installation of box culvert to place portions of Sulphur Creek underground adjacent to airport runways. These areas were identified by the local Runway Safety Action Team as a safety hazard. The project is designed to eliminate open ditches and create a flat surface near the runways. This will prevent damage to aircraft that veer off the runway pavement. Implementation of this project has been delayed due to the issues related to inter-agency agreement related to location of a suitable environmental mitigation site. Construction of this project is anticipated to begin after the start of Fiscal Year 2026. The project includes a total budget of $7.0 million, which is being provided by the Federal Aviation Administration (FAA), Caltrans Division of Aeronautics, and the City’s Airport Enterprise fund.

Miscellaneous
The “Miscellaneous” category includes projects which do not neatly fit into the other categories. Projects include Comprehensive General Plan Update, Property Acquisition Management, Route 238 Property Projects, and Parcel Group Projects. The Parcel Group projects, which are currently budgeted at $95,000 combined in FY23, are used to facilitate the new cohesive development of former Caltrans 238 property parcels with the goals of eliminating blight, creating public benefits for the community, and generating excess land value to the City.

Identified and Unfunded Capital Needs
The last section of the Recommended FY 2023 – FY 2032 CIP is the Identified and Unfunded Capital Needs section. This list was last significantly modified for the FY 2016 CIP to remove projects that were funded with Measure C and Measure BB funds, like improvements to Fire Stations 1-6, construction of a new 21st Century Library and Community Learning Center, and $1 million per year for paving improvements. A significant reduction occurred with

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street and transportation-related projects, due to the passage of Measure C, Measure BB, and the Road Repair and Accountability Act (RRAA) (SB1).

While the approval of Measure C allowed the City to address many critical facility needs (e.g., the new Library, upgrades to Fire Stations, and the new Fire Training Center), significant needs still exist. The facility update to the City’s Corporation Yard (Corp Yard) is one such capital need that remains unfunded. The Corp Yard is comprised of six buildings on Soto Road which were originally constructed in the early 1980s and are in need of major improvements. The necessary improvements to the Corp Yard were estimated several years ago to amount to more than $50 million. The Recommended CIP includes a “Corporation Yard Needs Assessment” Project, which would fund the development of a revised assessment to determine the current improvement needs and updated costs.

Another significant need proposed to be added to the Unfunded Capital Needs list as part of the Recommended CIP is the South Hayward Youth and Family Center, which currently has an unfunded need of an estimated $23.5 million for the construction phase of the project.

Unfunded Capital Needs are generally broken down into the following categories:

Fleet: $600,000
Information Technology: $967,000
Street Improvement: $6,420,000
Airport: $16,000,000
Alternate Modes: $41,982,000
Interchange: $63,100,000
Pavement Maintenance: $90,000,000
Facilities and Improvement: $282,100,000
Total: $501,169,000

It is important to reiterate that this list identifies critical needs that have, as of now, no identified funding sources. The number of projects will continue to grow over time, as will the amounts needed to fund these extremely important upgrades and repairs to infrastructure and equipment.

ECONOMIC IMPACT

The direct economic impact of these projects is not quantifiable. However, maintaining and improving the City’s infrastructure, fleet, and equipment will have an unquestionable impact on maintaining and improving economic health and vitality of the City. It is also important to note that capital projects are identified and prioritized with an emphasis on eliminating geographic inequities in the distribution of City services and infrastructure. Highest priority is given to areas in the community which have received less than their proportionate level of improvements in past years, as well as those communities with the current highest need, as evidenced by the condition of their infrastructure.

FISCAL IMPACT

The recommended capital budget for FY 2023 totals about $118 million, with a total of

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approximately $634 million tentatively programmed for the entire ten-year period from FY 2023 through FY 2032. An additional $501 million of unfunded needs have been identified for the same period.

Six of the twenty-three CIP funds rely on transfers from the General Fund for project expenses.

The following table reflects the approximate proposed General Fund transfers to these six funds when compared to FY 2022.

CIP Fund
Revised
FY 2022 GF
Transfer

Proposed
FY 2023 GF
Transfer
Increase
/(Decrease)
from FY 2022
405/Capital Projects (General) $2,160,000 $1,539,000 ($621,000) 410/Route 238 Corridor
Improvement
$185,000 $0 ($185,000)
460/Transportation System
Improvement
$650,000 $500,000 ($150,000)
726/Facilities Management Capital $847,000 $710,000 ($137,000) 731/Information Technology Capital $859,000 $1,000,000 $141,000 736/Fleet Replacement $650,000 $161,000 ($489,000)
Total Cost to General Fund $5,351,000 $3,910,000 ($1,441,000)

Four of the CIP funds are also Internal Service Funds (ISF), meaning they use Internal Service Fees to finance project expenses. Internal Service Fees are collected when one City department provides a service to another, drawing those service expenses from the operating budget of the benefiting department. Although some departments are funded by Enterprise funds, many are part of the General Fund. The total approximate proposed Internal Service Fees for FY 2023 are shown below.

CIP Fund

Revised
FY 2022 ISF

Proposed
FY 2023 ISF
Increase
/(Decrease)
from FY 2022
726/Facilities Management Capital $350,000 $350,000 $0 731/Information Technology Capital $851,000 $855,000 $4,000 736/Fleet Management Capital
(General Fund)
$1,500,000 $3,000,000 $1,500,000
737/Fleet Replacement (Enterprise
Funds)
$657,000 $606,000 ($51,000)
Total ISF $3,358,000 $4,811,000 $1,453,000

As displayed in the tables above, there is an overall decrease of $1,441,000 in General Fund transfers over FY22, and an increase of $1,453,000 in ISF over FY22. It is important to note that some of the ISF referenced above have General Fund impacts, as many Departments paying ISF are funded by the General Fund. Fund 736 for General Fund Fleet Replacement, for instance, supports fleet replacement efforts for the Fire Department, Police Department, and other General Fund-funded departments, and therefore has a direct General Fund Impact.

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Project Cost by CIP Category

The proposed project costs by CIP category are as follows:

Project Cost by CIP Fund

The proposed project costs in each CIP Fund are as follows:

CIP Fund
FY 2023
Recommended
(210) Special Gas Tax $3,029,000
(211) RRAA (SB1) $3,350,000
Livable
Neighborhoods
Sewer System
ProjectsWater System
Projects
Pavement
Rehabilitation
Projects
Road & Street
Projects
Municipal
Facilities
Improvements
Airport Projects
Fleet
Management
Equipment &
Software Misc. Projects
Project Category
FY 2022
Adopted
FY 2023
Recommended
Increase/
(Decrease)
from FY 2022 CIP
Livable Neighborhoods $31,364,000 $37,307,000 $5,943,000 Sewer System Projects $40,437,390 $21,124,000 ($19,313,390) Water System Projects $26,821,000 $19,500,000 ($7,321,000) Pavement Rehabilitation
Projects $8,688,000 $10,888,000 $2,200,000
Road & Street Projects $1,144,000 $6,455,000 $5,311,000 Building/Misc. Projects $38,946,000
Municipal Facilities
$6,000,000 ($32,034,000) Misc. Projects
$912,000
Airport Projects $2,052,000 $5,900,000 $3,848,000
Fleet Management $4,285,000 $5,380,000 $1,095,000
Equipment & Software $3,718,000 $4,656,302 $938,302
Total Capital
Improvement Projects $157,455,390 $118,122,302 ($39,333,088)

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(212) Measure BB - Local Transportation $4,665,000
(213) Measure BB - Ped & Bike $1,285,000
(215) Measure B - Local Transportation $1,100,000
(216) Measure B - Ped & Bike $800,000
(218) Vehicle Registration Fund $1,000,000
(219) Measure BB - Paratransit $750,000
(405) Capital Projects $33,511,302
(406) Measure C Capital $4,500,000
(410) Rte. 238 Corridor Improvement $5,410,000
(411) Rte. 238 Settlement Admin $415,000
(450) Street System Improvements $3,330,000
(460) Transportation System Improvements $575,000
(603) Water Replacement $6,945,000
(604) Water Improvement $12,612,000
(611) Sewer Replacement $13,535,000
(612) Sewer Improvement $7,739,000
(621) Airport Capital $5,900,000
(726) Facilities Capital $1,050,000
(731) Information Tech Capital $2,230,000
(736) Fleet Management Capital $3,261,000
(737) Fleet Management Enterprise $1,130,000
Total $118,122,302

STRATEGIC ROADMAP

The 2024 Vision and Strategic Roadmap adopted in 2020 are at the forefront of the City’s capital project planning efforts. To the greatest extent possible, a formal management and implementation process ensure that CIP projects are aligned with the City’s Strategic Fund 405 Capital
Projects
Sewer System
Water System
Measure B/BB
Gas
Tax/RRAA/VRF
Airport
Route 238
Measure C
Fleet Management
Street/Transportation
System
Information
Technology Facilities

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Roadmap and that the value each generates is maximized. CIP Projects touch the Combat Climate Change, Support Quality of Life, Grow the Economy, and Improve Organizational Health Priorities. However, they predominantly support the Improve Infrastructure Priority.

The Council updates the Strategic Roadmap annually and, on January 29, 2022, Council held a retreat to review the progress of priority projects and provide feedback on changes for the FY23 budget. Staff returned to Council on May 3, 2022 with a revised Strategic Roadmap.

Updates to the Priorities or Priority titles that were adopted during the May 3 meeting, and which affect the CIP will be incorporated in the final version of the document that is published following Council adoption in June.

SOCIAL EQUITY

Consideration of social equity has been an important element of selecting projects, such as roadway improvements, sidewalk improvements, traffic calming, complete streets, and landscaping.

SUSTAINABILITY FEATURES

While the proposed projects are aligned with and advance the Council’s sustainability goals and policies, the action taken for this agenda report will not result in a physical development, purchase or service, or a new policy or legislation. Any physical work will require future Council action. Sustainability features for individual CIP projects are listed in each staff report.

PUBLIC CONTACT

The public has the opportunity to review and comment on the CIP at this evening’s Council Work Session and will again at the Council Public Adoption Hearing, which has been tentatively scheduled for June 7, 2022.

Staff previously presented the Recommended FY 2023 – FY 2032 CIP to the Planning Commission at their April 14, 2022 meeting, at which the Commission unanimously found that the CIP was in conformance with the Hayward 2040 General Plan. On April 27, 2022, the CIC discussed the proposed CIP budget and the improvements made to the CIP online platform. A notice advising residents about the Planning Commission Public Hearing on the CIP was published on April 1, 2022 in The Daily Review newspaper. Another Public Notice will be published in the Daily Review newspaper at least ten days in advance of the Council Public Adoption Hearing on June 7. A copy of the Recommended CIP is made available online and by contacting the office of the City Clerk. Additionally, individual projects receive Council approval and public input as appropriate.

NEXT STEPS

Once the Council has reviewed and offered comments on the Recommended CIP, the appropriate updates will be made to the CIP. The Council Public Hearing for the adoption of the CIP budget is currently scheduled to take place on June 7, 2022.

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Prepared by: Elli Lo, Senior Management Analyst
Recommended by: Alex Ameri, Director of Public Works
Approved by:

Kelly McAdoo, City Manager

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 22-027
DATE: May 17, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Traffic Impact Fees: Adoption of a Resolution Adopting a Nexus Study and Introduction of an Ordinance Adding Article 30 to Chapter 10 of the Hayward Municipal Code Regarding Traffic Impact Fees for Developers
That the Council takes the following actions:
· Adopt a resolution (Attachment II) adopting the Nexus Study (Attachment IV) in support of the proposed Traffic Impact Fee; and
· Introduce an ordinance (Attachment III) adding Article 30 to Chapter 10 of the Hayward Municipal Code regarding Traffic Impact Fees for Developers.

SUMMARY
A traffic impact fee (TIF) is a one-time fee imposed on new development projects to help mitigate the cumulative transportation impacts of development growth. As importantly, a TIF will bring much-needed certainty to Hayward’s development process at the onset of the application process.

TIFs imposed on new development are linked to the concept that traffic generated by the proposed development will cause a nearby traffic deficiency, such as an intersection exceeding a specific level of service or capacity. A TIF does not replace any transportation analysis requirements imposed by the California Environmental Quality Act (CEQA). Also, while a TIF addresses cumulative impacts of all future development projects, it does not address specific or direct impacts from a proposed development. As a result, in some cases, a Local Transportation Analysis (LTA) may still be necessary.

Traffic consultants TJKM prepared The Multimodal Improvement Plan and TIF Nexus Study (Attachment IV) that identifies locations of future traffic deficiencies as a result of future development, develops mitigations to these deficiencies, calculates total cost of capital improvements required to implement the mitigations, and provides a calculated maximum allowable traffic fee that would be legally defensible based on projected cumulative traffic impact from different development types.

To ensure that the City’s proposed TIF rates are reasonable and will not impact the City’s CITY OF HAYWARD Printed on 5/13/2022Page 1 of 4
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competitiveness and the desirable development in the City, the City requested economic consultants Community Attributes, Inc., (CAI) review the Nexus Study and assist the City in developing recommendations for adopting appropriate fees. The goals were for the proposed fees to be below the maximum allowable, based on current economic conditions and development feasibility and to maintain competitive overall development fees when compared to surrounding jurisdictions.

Council Infrastructure Committee Review and Recommendation At a Special Council Infrastructure Committee (CIC) held on February 23, 2022, the CIC received a report on TIF. At the meeting, an AC Transit representative asked for inclusion of more transit-oriented projects in the Nexus Study (as discussed later in this report, this was later accomplished to the satisfaction of AC Transit). Kim Huggett, Chamber of Commerce President requested additional meetings. CIC members asked about projects that have been submitted already and are in the pipeline, and suggested that they should be exempt from TIF. After some discussions, the CIC members commented that the proposed TIF had taken a ”very fair and balanced approach”. The CIC unanimously recommended TIF’s approval to Council.

Planning Commission Review
On April 14, 2022, staff presented the TIF recommendations to the Planning Commission for review and feedback. The Commission expressed support for staff’s recommendation and asked questions about the proposed reduction of single-family residential TIF and whether it should be increased. Additionally, Planning Commission expressed interest in whether the TIF ordinance includes provisions regarding credits to developers for grandfathered changes or for developers who opt to pay to build improvements rather than paying the TIF.

City Council Work Session
On May 3, 2022, staff presented the TIF recommendations to Council in a Work Session for review and feedback. The Council expressed support for staff’s recommendation, discussed the single-family residential TIF, and the type of modifications to the TIF program that can be made after the initial three- year period. Council also inquired about the intended use of the TIF revenues and discussed the potential of subjecting large retail to TIF. Council appreciated the comprehensive multimodal project list, the thorough financial feasibility comparisons to other local jurisdictions, and the extensive outreach to the development community.

As a result of the feedback received during the outreach processes, staff recommends that the Council adopts the TIF at the maximum allowable rates identified in the Nexus Study, but levy the fees according to the following:

1. Reduce the single family maximum allowable fee by 70%, reduce the townhome maximum allowable fee by 55% (newly added fee category), and non-residential general industrial and distribution/e-commerce fee by 30% below the maximum allowable TIF. o It was determined that these reductions ensure that the City maintains development feasibility while offering competitive rates with surrounding cities.

2. Add a specific fee category for Townhome developments in Hayward with a reduction of 55% from the multi-family maximum allowable fee to make clear that new townhome developments are CITY OF HAYWARD Printed on 5/13/2022Page 2 of 4
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subject to the fee. Townhome units generally include units which are comparable in size to the single- family detached homes, have comparable number of bedrooms, and are similar in financial feasibility to single family detached units and therefore, can support a fee consistent with the single-family fee.

3. Reduce the fee for multi-family residential (excluding townhomes), retail, and office developments by 100%.
o These land uses were hit the hardest from the pandemic and are still recovering; additionally, CAI prepared a financial feasibility analysis that demonstrated that a TIF at this time may disincentivize development of these land uses in the City. As a result, it is recommended to reduce TIFs for these land uses by 100% to allow more time for these types of development to recover from the pandemic. The reduction of these development types will be revisited after a three (3) year monitoring period.

4. Include an automatic annual construction inflation index adjustment. o The cost of construction materials normally increases annually due to inflation - an issue that contractors faced even prior to the pandemic. Building materials supply chains have been interrupted and labor has become scarce increasing the magnitude of construction inflation costs due to the pandemic. It is typical practice for local jurisdictions to adjust fees annually based on the California Construction Cost Index for the San Francisco Bay Area published by the Engineering News Record.

A summary of staff recommendations is presented in the table below.

Land Use Category Maximum
Allowable
Reduction
from
Maximum
Allowable
Recommended
Fee
Feasibility 100% reduction?
Single Family
Residence/Unit
$11,584 70% $3,475 Marginal No
Townhome/Unit $7,761 55% $3,492 Marginal No
Multi-Family/Unit
(All Other, Excl
Townhomes)
$7,761 100% - Challenged Yes, for development
feasibility purposes
Office/KSF $16,449 100% - Challenged Yes, for development feasibility purposes
Retail/ KSF* $19,460 100% - Challenged Yes, for development feasibility purposes
Office / KSF $16,449 100% - Challenged Yes, for development feasibility purposes
General
Industrial / KSF
$4,633 30% $3,243 Promising No
Distribution or e-
commerce / KSF
$8,224 30% $5,757 Promising No
CITY OF HAYWARD Printed on 5/13/2022Page 3 of 4
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Land Use CategoryMaximum
Allowable
Reduction
from
Maximum
Allowable
Recommended
Fee
Feasibility 100% reduction?
Single Family
Residence/Unit
$11,584 70% $3,475 Marginal No
Townhome/Unit $7,761 55% $3,492 Marginal No
Multi-Family/Unit
(All Other, Excl
Townhomes)
$7,761 100% - ChallengedYes, for development
feasibility purposes
Office/KSF $16,449 100% - ChallengedYes, for development feasibility purposes
Retail/ KSF* $19,460 100% - ChallengedYes, for development feasibility purposes
Office / KSF $16,449 100% - ChallengedYes, for development feasibility purposes
General
Industrial / KSF
$4,633 30% $3,243 PromisingNo
Distribution or e-
commerce / KSF
$8,224 30% $5,757 PromisingNo
*ksf is one thousand square feet

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III TIF Ordinance
Attachment IV Nexus Study
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DATE: May 17, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Traffic Impact Fees: Adoption of a Resolution Adopting a Nexus Study and Introduction of an Ordinance Adding Article 30 to Chapter 10 of the Hayward Municipal Code Regarding Traffic Impact Fees for Developers

RECOMMENDATION

That the Council takes the following actions:
 Adopt a resolution (Attachment II) adopting the Nexus Study (Attachment IV) in support of the proposed Traffic Impact Fee; and
 Introduce an ordinance (Attachment III) adding Article 30 to Chapter 10 of the Hayward Municipal Code regarding Traffic Impact Fees for Developers.

SUMMARY

A traffic impact fee (TIF) is a one-time fee imposed on new development projects to help mitigate the cumulative transportation impacts of development growth. As importantly, a TIF will bring much-needed certainty to Hayward’s development process at the onset of the application process.

To ensure that the City’s proposed TIF rates are reasonable and will not impact the City’s competitiveness and the desirable development in the City, the City requested economic consultants Community Attributes, Inc., (CAI) to review the Nexus Study and assisted the City in developing recommendations for adopting appropriate fees. The goals were for the

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proposed fees to be below the maximum allowable, based on current economic conditions and development feasibility and to maintain competitive overall development fees when compared to surrounding jurisdictions.

Council Infrastructure Committee Review and Recommendation At a Special Council Infrastructure Committee (CIC) held on February 23, 2022, the CIC received a report on TIF. At the meeting an AC Transit representative asked for inclusion of more transit-oriented projects in the Nexus Study (As discussed later in this report, this was later accomplished to the satisfaction of AC Transit). Kim Huggett, Chamber of Commerce President requested additional meetings. CIC members asked about projects that have been submitted already and are in the pipeline, and suggested that they should be exempt from TIF.

After some discussions the CSC members commented that the proposed TIF had taken a ”very fair and balanced approach”. The CIC unanimously recommended TIF’s approval to Council.

City Council Work Session
On May 3, 2022, staff presented the TIF recommendations to Council in a Work Session for review and feedback. The Council expressed support for staff’s recommendation, discussed the single-family residential TIF, and the type of modifications to the TIF program that can be made after the initial three-year period. Council also inquired about the intended use of the TIF revenues and discussed the potential of subjecting large retail to TIF. Council appreciated the comprehensive multimodal project list, the thorough financial feasibility comparisons to other local jurisdictions, and the extensive outreach to the development community.

2. Add a specific fee category for Townhome developments in Hayward with a reduction of 55% from the multi-family maximum allowable fee to make clear that new townhome developments are subject to the fee. Townhome units generally include units which are comparable in size to the single-family detached homes, have comparable number of bedrooms, and are similar in financial feasibility to single family detached units and therefore, can support a fee consistent with the single-family fee.

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4. Include an automatic annual construction inflation index adjustment. o The cost of construction materials normally increases annually due to inflation – an issue that contractors faced even prior to the pandemic. Building materials supply chains have been interrupted and labor has become scarce increasing the magnitude of construction inflation costs due to the pandemic. It is typical practice for local jurisdictions to adjust fees annually based on the California Construction Cost Index for the San Francisco Bay Area published by the Engineering News Record.

5. Revisit TIF reductions in the Master Fee Schedule after three (3) years. o Three years seems like the appropriate amount of time to revisit the TIF program as to whether the reductions should be extended or modified. The reductions may be adjusted due to changes in proposed improvements and traffic patterns that are expected to change in the upcoming years from employers allowing employees to telecommute. A traffic impact fee (TIF) is a one-time fee imposed on new development projects to help mitigate the cumulative transportation impacts of development growth. As importantly, a TIF will bring much-needed certainty to Hayward’s development process at the onset of the application process.

To ensure that the City’s proposed TIF rates are reasonable and will not impact the City’s competitiveness and the desirable development in the City, the City requested economic consultants Community Attributes, Inc., (CAI) review the Nexus Study and assist the City in developing recommendations for adopting appropriate fees. The goals were for the proposed

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fees to be below the maximum allowable, based on current economic conditions and development feasibility and to maintain competitive overall development fees when compared to surrounding jurisdictions.

After some discussions, the CIC members commented that the proposed TIF had taken a ”very fair and balanced approach”. The CIC unanimously recommended TIF’s approval to Council.

City Council Work Session
On May 3, 2022, staff presented the TIF recommendations to Council in a Work Session for review and feedback. The Council expressed support for staff’s recommendation, discussed the single-family residential TIF, and the type of modifications to the TIF program that can be made after the initial three-year period. Council also inquired about the intended use of the TIF revenues and discussed the potential of subjecting large retail to TIF. Council appreciated the comprehensive multimodal project list, the thorough financial feasibility comparisons to other local jurisdictions, and the extensive outreach to the development community.

2. Add a specific fee category for Townhome developments in Hayward with a reduction of 55% from the multi-family maximum allowable fee to make clear that new townhome developments are subject to the fee. Townhome units generally include units which are comparable in size to the single-family detached homes, have comparable number of bedrooms, and are similar in financial feasibility to single family detached units and therefore, can support a fee consistent with the single-family fee.

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A summary of staff recommendations is presented in the table below.

Land Use
Category
Maximum
Allowable
Reduction
from
Maximum
Allowable

Recommended
Fee

Feasibility

100% reduction?
Single Family
Residence/Unit $11,584 70% $3,475 Marginal No
Townhome/Unit $7,761 55% $3,492 Marginal No
Multi-Family/Unit
(All Other, Excl
Townhomes)

$7,761 100% - Challenged Yes, for development
feasibility purposes
Office/KSF $16,449 100% - Challenged Yes, for development feasibility purposes
Retail/KSF* $19,460 100% - Challenged Yes, for development feasibility purposes
Office/KSF $16,449 100% - Challenged Yes, for development feasibility purposes
General
Industrial/KSF $4,633 30% $3,243 Promising No
Distribution or
e-commerce / $8,224 30% $5,757 Promising No

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KSF
*ksf is one thousand square feet

BACKGROUND

The Mitigation Fee Act authorizes a local agency to establish, increase, or impose various fees as a condition of approval of a development project, if specified requirements are met. A TIF is a one- time fee imposed on new development projects to help mitigate the cumulative transportation impacts of development growth. As importantly, a TIF will bring much-needed certainty to the City’s development process at the onset of the application process.

Unlike most Bay Area cities, the City does not have a TIF, or other private funding mechanism dedicated solely to transportation improvements. Hayward is the only city in Alameda County, besides Albany (population of less than 20,000 people) and Piedmont (population of less than 11,500 people) with no TIF, meaning that Hayward is left with the responsibility of mitigating future traffic impacts generated by developments.

TIFs imposed on new developments are linked to the concept that traffic generated by the proposed development will cause a nearby traffic deficiency, such as an intersection exceeding a specific level of service or capacity. A TIF does not replace any transportation analysis requirements imposed by the California Environmental Quality Act (CEQA) and while a TIF addresses cumulative impacts of all future development projects, it does not address specific or direct impacts from a proposed development. As a result, in some cases, a Local Transportation Analysis (LTA) may still be necessary.

The Mitigation Fee Act requires a local agency to adopt a nexus study prior to adoption of new impact fees or increasing previously adopted impact fees. On July 21, 2015, the City executed a Professional Services Agreement with Traffic Consultants TJKM to conduct the Multimodal Improvement Plan and TIF Nexus Study. TJKM prepared The Multimodal Improvement Plan and TIF Nexus Study (Attachment IV) that identifies locations of future traffic deficiencies because of future development, develops mitigations to these deficiencies, calculates total cost of capital improvements required to implement the mitigations, and provides a calculated maximum allowable traffic fee that would be legally defensible based on projected cumulative traffic impact from different development types.

A TIF should not be viewed as a deterrent to development activities. On October 20, 2020, four development experts presented a work session item to Council on Covid-19 Trends and Impacts on the Real Estate Market. Jason Ovadia, Industrial Development expert, states that TIFs are funding mechanisms cities can use to offset the transportation and infrastructure degradation from the significant increase in traffic generated by new industrial developments and provide for greater upfront certainty for developers in the development review process. A key factor that affects the feasibility of impact fees is the presence of a strong local economy and the financial feasibility of specific land uses. The supply and demand for developable land must be sufficient to absorb the added expense of impact fees.

To ensure that the City’s fees are reasonable and would not adversely impact needed developments in the City, after the completion of the Nexus Study in Summer 2021, the City executed a professional services agreement with Economic consultants Community Attributes,

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Inc., (CAI) on October 7, 2021. CAI reviewed the Nexus Study and assisted the City in developing recommendations for adopting appropriate fee levels based on current development feasibility and on maintaining competitive overall development fees compared to surrounding jurisdictions.

AB 602 recently amended the Mitigation Fee Act to require any nexus study adopted after July 1, 2022 to calculate impact fees on residential projects based on square footage rather than on a per unit basis. If the Nexus Study is not adopted by July 1, 2022, it will have to be updated to reflect the AB 602 fee methodology. After July 1, 2022, the Council will be required to make specific findings in order to justify adopting a nexus study that does not calculate impact fees on residential projects based on square footage.

DISCUSSION

The TIF Nexus Study prepared by Traffic consultants TJKM identifies locations of future traffic deficiencies generated by future development, develops mitigations to these deficiencies, calculates total cost of capital improvements required to implement the mitigations, and provides a calculated maximum allowable traffic fee that would be legally defensible based on projected cumulative traffic impact from different development types. The Nexus Study identifies maximum allowable traffic fees for eighteen different land use categories.

CAI researched traffic and overall development impact fees from neighboring jurisdictions and provided staff with valuable information for determining the most appropriate recommended fee amount for the TIF. The number and type of land use categories for the TIF vary widely across jurisdictions. Based on review of neighboring jurisdictions, staff narrowed down the eighteen land use categories identified in the Nexus Study to the proposed recommended six land use categories: single-family residential, multi-family residential, retail, office, general industrial, and distribution/e-commerce. Since the May 3rd Council Work Session, staff added a new seventh fee category for townhome development to be clearer that new townhome units are subject to the TIF.

After determining Hayward’s TIF land use categories, CAI studied the feasibility of these six development types. The findings and results of this feasibility study are summarized in Table 1. CAI has confirmed that their analysis assumed new townhome development in its financial feasibility analysis for single family detached housing since these two product types are comparable from a market and financial feasibility standpoint.

Table 1. Development Feasibility Study
Land Use Category Feasibility Findings Result 100%
reduction?
Single-Family
Residential
Strong sales prices suggest that deals are possible despite challenges created by high development and land costs.

Strong regional demand for housing creates opportunities for Hayward
Marginal No

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CAI compared TIFs and total cumulative impact fees with selected neighboring cities that are similar in size and location. The following figures show the TIF and cumulative impact fee comparisons with the local cities of Alameda, Concord, Cupertino, Daly City, Fremont, San Leandro, Sunnyvale, and Union City, to Hayward’s cumulative impact fee using the maximum allowable TIF, Hayward’s cumulative impact fee using the recommended fee, and Hayward’s current cumulative impact fee with no TIF.

Townhomes
Hayward has a strong market for townhome residential
development. Additionally, townhomes are typically a for- sale product, with market characteristics more in line with single family detached residential development. For sale products have continued to see strong and increasing sales prices throughout the pandemic, in comparison to price
stagnation experienced by for rent multifamily product
types. Despite strong sales prices, high development and land costs are challenges to development feasibility.

Additionally, strong regional demand for housing
continues to create opportunities for townhome
development in Hayward.

Marginal No
Multi-Family
Residential (All
Other, excluding
Townhomes)
Some multi-family development has occurred in recent
years, though this product is challenged by lease rates that decreased during the pandemic and higher rates of
vacancy and credit loss due in part to ongoing eviction moratoria. Given strong regional demand for housing and the prospect that lease rates rebound to pre-pandemic
levels, the longer-term prospects for multi-family
development are positive.

Marginal Yes
Retail
Brick and mortar retail faces an uncertain future coming out of the pandemic and achievable lease rates in
Hayward generally do not support new construction. Some retail anchors, such as CVS, have adapted in ways that
make t hem more feasible. This trend also affects
restaurants, though housing growth will support
incremental additions to the retail and restaurant
inventory.

Challenged Yes
Office
The market for office in Hayward is weak and lease rates generally do not support new construction; to that extent that any demand for commercial office exists in Hayward, it is likely to be for medical office in or around the BART stations.

Challenged Yes
General Industrial
Extremely strong regional demand and Hayward's central
location support project feasibility and modeling shows positive residual land value
Promising No
Distribution/E-
commerce
Extremely strong regional demand and Hayward's central
location support project feasibility and modeling shows positive residual land value
Promising No

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Single Family Residential Uses. The cumulative impact fee comparison for single-family residential development for each jurisdiction is shown in Figure 1 and ranks fees from highest to lowest. For single-family residential development, three different fee scenarios are used:

Hayward’s cumulative impact fee using the maximum allowable TIF; Hayward’s cumulative impact fee using the recommended fee with 70% reduction; and Hayward’s current cumulative impact fee with no TIF. As noted in Figure 1, the Hayward recommended rate seems appropriate given the “marginal” feasibility of this land use, based on the CAI feasibility analysis.

Figure 1. Single-Family Residential Impact Fee Comparison (3-bedroom 2,000 sq. ft. detached unit)

Townhome Uses.

The cumulative impact fee comparison for townhome residential development for each jurisdiction is shown in Figure 2 and ranks fees from highest to lowest. For townhome residential development, three different fee scenarios are used: Hayward’s cumulative impact fee using the maximum allowable TIF; Hayward’s cumulative impact fee using the recommended fee with 55% reduction; and Hayward’s current cumulative impact fee with no TIF. As noted in Figure 2, the Hayward recommended rate seems appropriate given the “marginal” feasibility of this land use, based on the CAI feasibility analysis.

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Figure 2. Townhome Residential Impact Fee Comparison (3-bedroom 2,000 sq. ft attached unit)

Multi-Family Residential Uses (excluding Townhomes). For all other multi-family residential uses (excluding townhomes), staff recommends waiving the impact fees at this time, given the challenges facing this development type due to the economic impacts of the pandemic.

Considering California’s housing crisis, it would also be in the City’s best interest to avoid disincentivizing high-density development and affordable housing at this time. For multi- family residential development, two different fee scenarios are used: Hayward’s cumulative impact fee using the maximum allowable TIF and Hayward’s current and recommended cumulative impact fee with no TIF. These two scenarios rank sixth and seventh highest, respectively, out of nine comparison jurisdictions in Figure 2.

Figure 3. Multi-Family Residential Impact Fee Comparison (one-bedroom 700 sq. ft. unit in a 150-unit complex)

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Retail Uses. Retail has been one of the businesses hit hardest by pandemic restrictions.

Reduced economic activity results in less demand for new commercial retail space, and ambiguity about future recovery further dampens investment. To allow more time for retail businesses to recover from the impacts of the pandemic, staff recommends waiving the TIF for retail development for three years until the TIF reductions are revisited. For retail development, Hayward’s cumulative impact fee using the maximum allowable TIF and Hayward’s recommended and current cumulative impact fee, with no TIF, rank third and last respectively when compared to the other jurisdictions as shown in Figure 4.

Figure 4. Retail Impact Fee Comparison

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Office Uses. Like retail development, office development has been substantially impacted by the pandemic. For the first 16 months of the pandemic, non-essential employees were ordered to telecommute, resulting in a decrease in demand for office space. As restrictions were lifted, many employers continued to allow employees to telecommute either part-time or full-time.

While office development may increase over the long-term, the short-term outlook remains weak. For these reasons, staff recommends waiving a TIF for three years to allow more time for the commercial office market to stabilize. For office development, Hayward’s cumulative impact fee using the maximum allowable TIF and Hayward’s recommended and current cumulative impact fee with no TIF rank fourth and last respectively when compared to the other jurisdictions as shown in Figure 5.

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Figure 5. Office Impact Fee Comparison

General Industrial Uses. Unlike residential, retail, and office development, the industrial sector has not experienced a decrease in demand. Extremely strong regional demand and the City’s central location further support industrial development feasibility as modeling shows positive residual land value. For general industrial development, Hayward’s cumulative impact fee using the maximum allowable TIF, Hayward’s recommended TIF at a 30% reduction, and Hayward’s current cumulative impact fee with no TIF rank fifth, seventh, and last respectively when compared to the other jurisdictions, as shown in Figure 5.

Figure 6. General Industrial Impact Fee Comparison

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Distribution and E-Commerce Uses. Like general industrial development, the distribution and e-commerce economy has experienced a dramatic increase in demand. Extremely strong regional demand and the City’s central location support industrial development feasibility and the modeling shows positive residual land value. For distribution/e-commerce development, Hayward’s cumulative impact fee using the maximum allowable TIF, Hayward’s recommended impact fee at a 30% reduction, and Hayward’s current cumulative impact fee with no TIF rank fourth, sixth, and last respectively when compared to other jurisdictions as shown in Figure 7 below.

Figure 7. Distribution/E-commerce Impact Fee

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Conclusions. As detailed above, staff is recommending the TIF be adopted at the maximum allowable rates identified in the Nexus Study, but levy the fees for the following land uses as follows:

1. Reduce the single family maximum allowable fee by 70%, reduce the townhome maximum allowable fee by 55% (newly added fee category), and non-residential general industrial and distribution/e-commerce fee by 30% below the maximum allowable TIF.  It was determined that these reductions ensure that the City maintains development feasibility while offering competitive rates with surrounding cities.

2. Add a specific fee category for Townhome developments in Hayward with a reduction of 55% from the multi-family maximum allowable fee to make clear that new townhome developments are subject to the fee.
 Townhome units generally include units which are comparable in size to the single- family detached homes, have comparable number of bedrooms, and are similar in financial feasibility to single family detached units and therefore, can support a fee consistent with the single-family detached fee.

3. Reduce the fee for multi-family residential (excluding townhomes), retail, and office developments by 100%.
 These land uses were hit the hardest from the pandemic and are still recovering; additionally, CAI prepared a financial feasibility analysis that demonstrated that a traffic impact fee at this time may disincentivize development of these land uses in

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the City. As a result, it is recommended to reduce traffic impact fees for these land uses by 100% to allow more time for these types of development to recover from the pandemic. The reduction of these development types will be revisited after a three (3) year monitoring period.

4. Include an automatic annual construction inflation index adjustment.  The cost of construction materials normally increases annually due to inflation – an issue that contractors faced even prior to the pandemic. Building materials supply chains have been interrupted and labor has become scarce increasing the magnitude of construction inflation costs due to the pandemic. t is typical practice for local jurisdictions to adjust fees annually based on the California Construction Cost Index for the San Francisco Bay Area published by the Engineering News Record.

5. Revisit TIF reductions in the Master Fee Schedule after three (3) years.  Three years seems like the appropriate amount of time to revisit the TIF program as to whether the reductions should be extended or modified. The reductions may be adjusted due to changes in proposed improvements and traffic patterns that are expected to change in the upcoming years from employers allowing employees to telecommute.

A summary of staff recommendations is presented in Table 2.

Table 2. Staff Recommendations
Land Use Category Maximum
Allowable
Reduction
from
Maximum
Allowable

Recommended
Fee

Feasibility

100% reduction?
Single Family
Residence/Unit $11,584 70% $3,475 Marginal No
Townhome/Unit $7,761 55% $3,4921 Marginal No
Multi-Family Unit
(All Other, Excl
Townhomes)
/Unit
$7,761 100% - Marginal Yes, for development
feasibility purposes
Retail/ KSF* $19,460 100% - Challenged Yes, for development feasibility purposes
Office / KSF $16,449 100% - Challenged Yes, for development feasibility purposes
General Industrial
/ KSF $4,633 30% $3,243 Promising No
Distribution or
e-commerce / KSF $8,224 30% $5,757 Promising No
*ksf is one thousand square feet

TIF Ordinance
The attached ordinance would amend the Hayward Municipal Code to add Article 30 to Chapter 10 of the Code. The ordinance provides the implementing provisions for administration of the TIF program. The ordinance would become effective 30 days after

1 For ease of administration, staff recommends slightly reducing this fee to $3,475, which is the fee for single-family residence.

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adoption by the Council. Any development application that has been deemed complete by the Planning Division prior to the effective date of the ordinance will not be subject to the TIF.

It is important to note that pursuant to the Mitigation Fee Act, impact fees do not become effective until 60 days after adoption of the fee. Staff will prepare a resolution for the City Council’s consideration in conjunction with adoption of the ordinance whereby the TIF rates would be adopted and added to the Master Fee Schedule.

FISCAL IMPACT

A total budget of $700,000 from the Transportation System Improvement Fund (Fund 460) has been allocated for the traffic consultant TJKM for the nexus study of the City’s first TIF. The project breakdown is as follows:

Project No. Project Name Project Total
05705 Citywide Multi Modal Improvement Study $400,000 05711 Multi Modal Level of Service Study $100,000
05274 Traffic Impact Fee Study $200,000

Approximately $27,500 is remaining of the $700,000 contract.

A total budget of $36,000 has been allocated for economic consultant CAI for TIF policy recommendations that align with current economic and development activities within Hayward.

TIFs are another source of funds for needed improvements and are commonly viewed in terms of their revenue potential. TIFs are used to offset transportation infrastructure degradation from the significant increase in traffic generated by new developments. TIFs are used to help mitigate the cumulative transportation impacts of development growth, help maintain the City’s transportation infrastructure, and not create a long-term liability for the City.

ECONOMIC IMPACT
A TIF will be valuable to the City in ensuring that future developers pay their fair share of needed mitigation measures to minimize future traffic impacts, such as addition of bicycle and pedestrian facilities, installation of traffic signals, efficient re-timing of signals, and the increase of traffic capacity.

Evaluations and studies have consistently shown that this type of funding mechanism increases job growth and revenues in the City. Impact fees have evolved as an element of a broader growth management strategy for cities experiencing strong development pressure.

The objective is to encourage development to occur in areas within the City where public facilities have adequate capacity to serve the development. While some may view impact fees as a penalty for development in areas where there is insufficient capacity, the fee acts as an investment in the community, by spurring economic growth through the timely provision of sustainable infrastructure and the expansion of buildable land. Developments bring more jobs, sales tax revenue, and/or property tax revenue.

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Without a TIF, developers must hire a traffic engineering consultant to prepare a study which includes predicting future traffic impacts, developing mitigations, and estimating costs of constructing the mitigations. The City reviews, comments, and uses the study to determine which mitigation projects will be conditions of approval for the development. TIFs streamline the development process by saving time and effort for both developers and City staff.

As cities continue to grapple with the problems of traffic congestion and limited public resources, cities will continue to view impact fees as another source of funds for needed improvements and are commonly viewed in terms of their revenue potential. Because several of the mitigation projects identified in the Multimodal Improvement Plan and Traffic Impact Fee Nexus Study are additions or enhancements of bicycle and pedestrian facilities, the City will become a more pedestrian- and bicycle-friendly community, thus creating positive economic benefits.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Improving Infrastructure. Specifically, this item relates to the implementation of the following project(s):

Project 3. Develop and Submit a Traffic Impact Fee

SUSTAINABILITY FEATURES

The Nexus Study will enhance operations and safety for all modes of transportation. The TIF will align improvements consistent with the City’s 2040 General Plan, Complete Streets Strategic Initiative, Pedestrian and Bicycle Master Plan, Neighborhood Traffic Calming Program, and major regional improvements.

PUBLIC CONTACT

Stakeholder Meeting #1. On February 9, 2022, Staff held Stakeholder Meeting #1 to introduce the proposed recommended TIF and solicit feedback from the public. An article publicizing the event was published in The Stack and distributed to its subscribers. Additionally, a targeted email with information on how to attend the event was sent to a distribution list of 420 recipients who are involved in some way to Hayward’s development process.

The Stakeholder Meeting included less than 10 participants. Feedback received from attendee Zachariah Oquenda could be summarized as general support for the proposed TIF. Mr.

Oquenda stated his appreciation for the reasonable fees and the presentation of the jurisdictional comparisons to understand how the implementation of a TIF will affect Hayward’s standing with other local cities. Additionally, Mr. Oquenda asked questions about the reduction of single-family residential fee and whether it should be increased.

An attendee who did not provide a name, provided a comment through the chat box suggesting that the funds collected from the new TIF should be used mostly for improvements to alternative modes of transportation, such as biking, walking, and transit. Staff responded stating that a majority of the TIF fund is dedicated to promoting mode shifting from single

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occupancy vehicles to alternate modes, such as biking, walking, and taking transit and the remaining TIF funds are dedicated to vehicular/transit improvements and traffic signal equipment upgrades and improvements that improve traffic operations and benefit all modes.

Council Infrastructure Committee
On February 23, 2022, staff presented the TIF recommendations to the CIC for review and feedback. The CIC expressed support for staff’s recommendation but suggested additional public outreach and coordination with transit agency partners. In response to CIC guidance, staff scheduled two outreach meetings with the Chamber of Commerce and conducted one additional stakeholder meeting, which was held on March 31, 2022. Staff also met with representatives from AC Transit to discuss the inclusion of transit projects to the list that could be funded by the TIF. Many of the projects identified by AC Transit and City staff have been included in the approved project list, which resulted in a nominal increase in the amount of the TIFs.

Stakeholder Meeting #2
On March 31, 2022, Staff held Stakeholder Meeting #2 to discuss the proposed recommended TIF and solicit feedback from the public. Feedback received from the Bay Area Building Industry Association (BIA) Director of Governmental Affairs – East Bay Lisa Vorderbrueggen asked questions about whether the new fee will be imposed on the development applications currently in process and about grandfather provisions.

City Council Work Session
On May 3, 2022, staff presented the TIF recommendations to Council in a Work Session for review and feedback. The Council expressed support for staff’s recommendation, discussed the single-family residential TIF, and the type of modifications to the TIF program that can be made after the initial three-year period. Council also inquired about the intended use of the TIF revenues and discussed the potential of subjecting large retail to TIF. Council appreciated the comprehensive multimodal project list, the thorough financial feasibility comparisons to other local jurisdictions, and the extensive outreach to the development community.

Council members made several comments and asked questions. Specific comments, and staff responses, include the following:

Comment No. 1: Reduce single-family fee more, perhaps by 80%, and add a fee for retail and office.

Staff Response: The 70% reduction, to bring the recommended fee to $3,475 per unit, has been arrived at based on both financial feasibility analysis and jurisdictional comparisons. Staff believes that the fee is set at an appropriate level at this time. Three years from now this and

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other fees will be removed and adjusted down or up, based on date obtained during the initial three years.

Regarding the fee for retail and office, the feasibility analysis recommended no fees at this time.

However, when application for retail or office are submitted, staff will continue to review their potential impacts and require them to mitigate any local circulation impacts they may have.

Comment No. 2: Explain the difference between maximum allowable fee and recommended fee.

Staff Response: the maximum allowable fee is the maximum amount a fee can be set in order to not exceed the level permitted under the law. The recommended fee is based on considerations of financial feasibility for the development category and comparison to similar fees in neighboring jurisdictions.

Comment No. 3: Should there be a TIF for major retail?

Staff Response: Please see response to Comment No. 1.

Comment No. 4: What about a fee for cannabis sites?

Staff Response: Currently only one of several approved cannabis sites is open and operational.

Staff does not recommend imposing a fee at this time; staff will monitor these businesses, collect data, and recommend a course of action when the TIF is revised in three years.

Comment No. 5: Would opt-in option be available to developments?

Staff Response: While the option can be made available, staff does not expect many, if any, developments to apply to opt in.

Comment No. 6: What are the fees used for?

Staff Response: Fees will be used to implement pedestrian, bicycle, transit, and vehicular movement improvements as contemplated in the Nexus Study.

Comment No. 7: Will there be credits for developments that offer to build some of the improvements?

Staff Response: As long as those improvements are listed in the Nexus Study, a credit can be arranged.

Comment No. 8: Should there be a relationship between the size of the development and the fee?

Staff Response: Based on data related to traffic generation from single family homes, the current regulations do not call for setting the fee based on the home size. For other development types, such as industrial and commercial, the fees would be based on the development’s square footage.

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Comment No. 9: Look at the data for impacts from retail and office.

Staff Response: Staff will do so. Please note that not recommending a fee for retail or office at this time is based on the conclusions and recommendations of the financial feasibility analysis which found these developments currently “challenged” in Hayward. Staff will collect and present the data in three years when Council reviews the TIF for potential revisions.

Comment No. 10: Some developments may have bigger impacts than mitigated by the fee they will be required to pay.

Staff Response: Some large projects will have additional local impacts that must be mitigated in addition to payment of the TIF. For those projects. preparation and implementation of a local transportation analysis would be required.

Although the presence of a development TIF is not uncommon for local jurisdictions, staff is prioritizing a seamless integration into the existing traffic requirements process for entitlement applications. With the goal of minimizing uncertainty, staff prepared a flow chart for determining which traffic analyses will be required, responses to Frequently Asked Questions (FAQs), and resources to traffic analysis guidelines to be posted on the transportation webpage for the public to access at any time. Developers seek to identify all expenses early as they develop a business pro forma for the development. Identifying TIFs and analysis requirements at the time of permit application will provide a baseline expectation and reduce administrative effort for both the City and developer, and establish a best practice where developers know what to expect up front rather than waiting after the entitlement process.

The following is summary of the meetings held or to be held related to the TIF:

1. February 9, 2022: Stakeholder Meeting #1 to introduce the proposed TIF and solicit feedback from the business/broker/development communities.

2. February 23, 2022: Council Infrastructure Committee review and comment.

3. March 31, 2022: Stakeholder Meeting #2 to solicit feedback from the business/broker/development communities.

4. April 14, 2022: Planning Commission

5. May 3, 2022: City Council Work Session

6. May 17, 2022: City Council Public Hearing

7. May 24, 2022: City Council Second Reading/Establishment of Maximum Fees

NEXT STEPS

If Council adopts the Nexus Study and introduces the amendments to Chapter 10, Article 30 of the Hayward Municipal Code, staff will return with an action item to: (1) adopt the ordinance and, (2) adopt a resolution establishing the maximum allowable TIF amount, setting the initial TIF rates, and amending the Master Fee Schedule to include the TIF and associated administrative fees related to the TIF program. Pursuant to the Mitigation Fee Act, the TIF program will become effective 30 days after adoption by the Council at the second reading, while the actual fees become effective 60 days after the approval of the resolution establishing the fees, both of which are anticipated to occur at the next Council meeting.

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Hayward City CouncilMay 17, 2022

Hayward City Council
May 17, 2022