CITY COUNCIL MEETING
JUNE 21, 2022
PRESENTATIONS
HAYWARD YOUTH
COMMISSION
ITEM #1
APPT 22-0016
Hayward Police Department Year-End Report
1 Hayward Youth Commission
CITY COUNCIL MEETING
June 21, 2022
Miriam Lens, City Clerk
Hayward Police Department Year-End Report
2 Confirming
the Appointments of
HYC Members
(APPT 22
-
001)
• Six Voting Members
• Eleven Alternate Members
HAYWARD
YOUTH
COMMISSION
Hayward Police Department Year-End Report
3 ANNUAL
RECRUITMENT
(March 11
-
May 20)
OUTREACH
City Newsletter – The Stack
2022 Hayward Youth Commission Conference
Earth Day Poster & Writing Contest Distribution List
PeachJar
Schools
Facebook
Twitter
NextDoor
Instagram
The Stack
HUSD Community Newsletter
HUSD Youth Enrichment Program (YEP)
Arbor Day – Cesar Chavez Middle School
Hayward Police Department Year-End Report
4 RECRUITMENT
• Forty-nine applications
• Forty-one eligible applicants
HAYWARD
YOUTH
COMMISSION
Hayward Police Department Year-End Report
5 City of
Hayward
HUSD
HARD
HYC Advisors
Hayward Council Members
• Council Member Francisco Zermeno
• Council Member Mark Salinas
HUSD Board Directors
• Board Vice-President Peter Bufete
• Board Clerk Gabriel Chaparro
HARD Board Directors
• Board Vice-President Rick Hatcher
• Board Director Peter Rosen
• Ivan Padilla (COH)
• Maya Hernandez (HUSD)
• Vicente Zuniga (HARD)
HYC
INTERVIEW
PANEL
Hayward Police Department Year-End Report
6 VOTING MEMBERS
(
6 )
SCHOOL
TERM EXPIRES
Diego F. Barcenas Impact Academy of Arts & Technology 6/30/2024 Crystal Guerrero-Lopez Tennyson High School 6/30/2024
Shreya K. Rathaur Martin Luther King Jr. Middle School 6/30/2024 Penelope L. Reynoso Hayward High School 6/30/2024
Alicia C. Saenz Leadership Public School 6/30/2024
Ananya Suresh Challenger School Ardenwood 6/30/2024
Hayward Police Department Year-End Report
7 ALTERNATE MEMBERS (11)
SCHOOL TERM EXPIRES
Hulissa H. Aguilar Arroyo High School 6/30/2023
Josue S. Barrera Martin Luther King Jr. Middle School 6/30/2023 Taylor Y . Chaplin Bishop O' Dowd Catholic High School 6/30/2023 Giselle De Casas Winton Middle School 6/30/2023
Damian A. Diaz Bret Harte Middle School 6/30/2023
Isa Yusuf Khan Cesar Chavez Middle School 6/30/2023
Zoe N. Kyama Anthony Ochoa Middle School 6/30/2023
Liliana Lopez Ceja Silver Oak High School 6/30/2023
Britany Ruiz Impact Academy of Arts & Technology 6/30/2023 Ronak Sharma Leadership Public School 6/30/2023
Michael D. Williams Jr. San Leandro High School 6/30/2023 Hayward Police Department Year-End Report
8 2022 HYC (32 Members)
Hayward Police Department Year-End Report
9 2022 HYC (32 Members)
OTHER - Hayward Residents
Attending Other Schools:
Arroyo High School
Bishop O' Dowd Catholic High School
Challenger School Ardenwood
Encinal High School
Redwood Christian MSHS
San Leandro High School
Silver Oak High School
The Athenian School
UC Berkeley (2)
Hayward Police Department Year-End Report
10 RECOMMENDATION
• Questions for Staff
• Public Comments
• Recommendation: Adopt a Resolution Confirming the
Appointment to the Hayward Youth Commission of six (6)
voting members and eleven (11) alternate members.
HAYWARD
YOUTH
COMMISSION
Hayward Police Department Year-End Report
11 OATH OF AFFIRMATION
Administered to newly appointed members.
HAYWARD
YOUTH
COMMISSION
ADOPT A RESOLUTION
AFFIRMING THE CITY'S
SUPPORT FOR THE LIBRARY
BILL OF RIGHTS, THE
FREEDOM TO READ
STATEMENT, AND THE
FREEDOM TO VIEW
STATEMENT
ACTION ITEM
ITEM #2
ACT 22-068
Hayward Police Department Year-End Report
1 HPL & Intellectual Freedom
Hayward City Council Meeting
June 21, 2022
Hayward Police Department Year-End Report
2 Recently in the News
Hayward Police Department Year-End Report
3 Also in the News
Hayward Police Department Year-End Report
4 Do you know when this was in the News?
Hayward Police Department Year-End Report
5 Some Data from ALA 2022 Report
A common theme: Most challenged books include content by or about people of color, the LGBTQIA+ community and/or people with disabilities
Hayward Police Department Year-End Report
6 Some Data from ALA Contd.
Hayward Police Department Year-End Report
7 Attacks on books cross party and religious lines
Hayward Police Department Year-End Report
8 Hayward Police Department Year-End Report
9 Hayward Police Department Year-End Report
10 Thank You!
POLICE DEPARTMENT
DASH CAMERAS
WORK SESSION
ITEM #16
WS 22-024
Chief Toney Chaplin
Captain Will Deplitch / Lt. David Dorn
Hayward Police Department
AXON FLEET 3
INTEGRATED IN-CAR VIDEO & ALPR
Broaden Transparency
Mitigate Liability
Improve Investigative
Capabilities
Increase Crime Solvability
ALPR Technology since 2014
•
All Current Vehicle Mounted ALPR Cameras
are obsolete
•
Averaged 1 million license plates reads per
year
Body Worn Cameras (BWC)
• BWC program implemented in 2015
• Invaluable tool for transparency
• Limitations – Positioning / Dynamically Evolving
Incidents / Human Factor
HPD ALPR Camera System
Purchased in 2014
Hub
Dashboard App
Interior Camera
Interior Antenna
Cradlepoint
Modem
Wireless Mic with
Charging Base
Exterior Antenna
Dual-View Camera
VIDEO QUALITY
Fleet 3 Dual-View Camera Fleet 3 Dual-View Camera
VIDEO QUALITY – INTERIOR
Fleet 3 Interior Camera Fleet 3 Interior Camera
Full-featured ALPR without new equipment
3+ lanes covered by a single RGB camera
Reads out to 50’ in front of patrol vehicle.
ALPR in Action (Demo from Dual-
View camera)
ALPR – BEHIND THE SCENES
OTHER KEY ALPR
FEATURES
Configurable alerts and mute mode
Configurable retention
Ethical design framework with security &
privacy controls
Hotlist from NCIC and agency entries
ALPR – IN-CAR HOTLIST ALERTS
Presentation to CAP
–
4/11/2022
• Overall Support with some concerns
• Security of data – Evidence.com
• Sharing of data – HPD Policy / MOUs / CA Gov
Code
Email to Hayward Concerned Citizens
Support via email from group representative
Email to Hayward Community Coalition
• No response received
❑ Five principles
❑ License Plate readers may be used for law enforcement only
❑ Government must not store data about innocent people
❑ People should be able to find out if plate data of vehicles registered to them
❑ LE Agencies should not share license plate reader data ❑ Any entity that uses license plate readers should be
required to report
5 year contract agreement
$157,103.51 per year
Total = $785,517.66
Request via HPD Y early CIP Budget
Y ear 1 approved in FY 2020
–
Funds still
available
Due to supply chain issues, implementation
would be approx. 18 months
MILITARY EQUIPMENT USE
POLICY
LEGISLATIVE BUSINESS
ITEM #17
LB 22-0166
Chief Toney Chaplin
Deputy Chief Bryan Matthews
Hayward Police Department
AB 481
–
Background for Council
Meeting
AB 481 Requirements and Timeline
–
Overview
Policy and Ordinance Development
Recommendations
Went into effect January 1, 2022
Legislation’s intended purpose
• Address transparency issues regarding funding,
acquisition, and use of military equipment
Legislation includes specific list of
items
• Deemed by lawmakers to be “military
equipment”
Codified in California Government
Code Sections
7070
-
7075
Requires LE agencies to get approval
from governing bodies to seek funding
for, acquire, and use military
equipment
• Council must adopt an ordinance
• Must initiate Council approval process by May 1,
2022 to continue using equipment
• Council has180 days to approve the ordinance
after initiation of approval process
Requires Council to consider proposed
policy during open session of a
regular meeting in accordance with
the Brown Act
• Must be an agenda item
• Must allow for public comment
• Must post proposed policy and equipment list on
agency’s website at least 30 days prior to any
public hearing (posted April 11, 2022)
Requires submission of an annual
military equipment usage report to
Council
• Annual report for each piece of military
equipment used in previous year must include:
Summary of use
Summary of complaints
Internal audit results
Total annual cost for each piece of equipment
Quantity of each piece of equipment
Agency intent to acquire additional equipment
Requires HPD host a community
engagement meeting
• Public may discuss / ask questions regarding
annual report
• Must be done within 30 days of submission
and public release of annual report
• Must be well-publicized and conveniently
located
Requires Council to review and
approve ordinance annually
• Renewal of ordinance by vote
• Must determine compliance with ordinance for
each military equipment item
• Council can disapprove ordinance or require
modifications to ensure compliance
AB 481
specifically lists items deemed
to be military equipment
• 14 specific categories listed (1 generic
category)
HPD has some of the listed items in
the inventory
• These items have been in HPD’s inventory for
years in response to historic events
• HPD is not asking for any new military
equipment
What HPD has
• Tactical Robot and UAS (Category 1)
• Armored Personnel Carrier (Category 2)
• Command and Control Vehicle (Category 5)
• Breaching Slugs (Category 7)
• Specialized Firearms and Ammunition (Category
10)
• Noise Flash Diversionary Device (Category 12)
• Tear Gas and Pepper Spray (Category 12)
• Less Lethal Launchers and SIMS (Category 14)
What HPD
does not
have
• Humvees, trucks, or vehicles with breaching
equipment (Category 3)
• Tracked Armored Vehicles (Category 4)
• Weaponized aircraft, vessels, or vehicles (Category
6)
• Firearms of .50 caliber or greater (Category 8)
• Ammunition of .50 caliber or greater (Category 9)
• Firearms/accessories to launch explosive projectiles
(Category 11)
• Taser Shockwave, microwave weapons, water
cannons, or LRAD (Category 13)
Extensive research for policy and
ordinance development
• Reviewed documents from other cities / counties
in the region and across the State
• Reviewed other related statutes
• Community conversations and engagement
events
• Written community feedback
Community Engagement Efforts
• Created an informational page on the HPD’s
website with draft policy documents (4/11/22)
• Held a Council work session
• Held 2 virtual community meetings (5/26/22 and
6/6/22) – recorded and posted to website
• Held an in-person community engagement event
where “military equipment” was displayed
• Created an informational video for the website
Community Engagement Efforts
(continued)
• Spoke with the CAP during quarterly meeting
• Accepted written feedback on policy documents
and HPD’s equipment inventory
• Had numerous informal conversations with
community members
• Provided final draft documents to the CAP ,
Hayward Community Coalition, Hayward
Concerned Citizens
Community Feedback
• Concerns regarding inclusion of CS (“tear gas”) in
HPD’s inventory
• International Chemical Weapons Convention ban on
use of Riot Control Agents in warfare
• Use of “military equipment” during
protests/demonstrations
• HPD’s equipment inventory volume and deployment
model
• Authorization for the use of “military equipment”
• Exclusionary language/statute references in policy
Community Feedback (continued)
• Minimum requirements for when items can be
deployed
Deployment vs. Use
Risk Assessment Matrix
Most of this equipment is only deployed when the Special Response Unit is activated
• Remove exigent circumstances from policy
• Action needs to be taken immediately to prevent loss of life, escape, destruction of evidence, etc.
• Must be room in policy for unanticipated events
• Equipment exists the HPD does not have
• Addition of equipment would require Council approval
Community Feedback (continued)
• Ban the use of chemical agents
Variety of operational uses
No known reasonable alternative
Only deployed when the Special Response Unit is
activated
Use is governed by other policies and State law
• Avenue for complaints other than HPD
• Policy innovation project – City complaint liaison
• Community members can file complaints with City
Hall/Human Resources/City Attorney’s Office
• Background research underway – will return to
Council with update on this project in Fall 2022
Recommend the removal of certain
munitions from HPD’s inventory
–
Stinger balls
• Based on dialogue with community and
concerns expressed
• Based on a needs assessment and review of
usage
• Based on common ground shared between HPD
and community regarding the indiscriminate
nature of these munitions and potential for injury
Recommend the approval of the policy
and introduction of the ordinance
• HPD Policy 706
• Re-written, amended, added sections highlighted in
red
• City of Hayward Ordinance
• Approves HPD Policy 706
• Consistent with cities/counties across the region and State
UNREPRESENTED SALARY
AND BENEFITS
LEGISLATIVE BUSINESS
ITEM #18
LB 22-0146
Unrepresented Resolution
June 21, 2022
2 Employee Group
Department # of Unrepresented
Employees
City Attorney’s Office 8 (+1)
City Manager’s Office 2 (-1)
Development Services 1 (+1)
Finance 1
Human Resources 9 (-2)
Information Technology 1 (+1)
Police Department 1
Public Works 1
Total Employees 24
3 Employee Group (Cont.)
Executive Staff (10):
• Assistant City Manager (x2)
• Chief Information Officer
• Director of IT
• Director of Finance
• Director of Library Services
• Director of Maintenance Services
• Director of Public Works
• Fire Chief
• Police Chief
4 Recommended Changes
• Cost-of-Living Adjustments:
• 3% effective the pay period including July 1, 2022
• 5% effective the pay period including July 1, 2023
• Professional Development Reimbursement:
• Increase from $350 to $500 for non-exempt staff
• Health & Wellness:
• Expands benefit to lump sum reimbursements and purchase of home exercise equipment
• Overtime threshold to align with other non-exempt employees • Paid leave hours count toward 40 hours threshold in determining overtime eligibility
• Salary study to be completed by December 2023
Fiscal Impact: $109,000
COUNCIL-APPOINTED
OFFICERS' EMPLOYMENT
AGREEMENTS
LEGISLATIVE BUSINESS
ITEM #19
LB 22-0156
Council Appointed Officers
June 21, 2022
2 Recommended Changes
Includes: City Attorney, City Clerk, & City Manager
Terms
• One-time, lump sum payment equal to 4% of annual base pay:
• Issued July 8, 2022
• Salary increase effective the pay period including January 1, 2023:
• City Attorney – 10% (>15% more below mid-market)
• City Clerk – 3% (5% but less than 10% behind mid-market) • City Manager – 5% (10% but less than 15% behind mid-market) Fiscal Impact:
• City Attorney Employment Agreement – $25,869
• City Clerk Employment Agreement – $9,259
• City Manager Employment Agreement – $22,307