Council Packet — Hayward City Council, July 5, 2022 (part 2 of 4)

The Administration Building and Laboratory will be reviewed by the Building Division for conformance with State and local requirements related to sustainability (i.e., California Building Code, California Energy Code, etc.), which require a minimal level of energy efficiency, resource conservation, material recycling, etc. In addition, the building will be designed and constructed to meet Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification, or better.

PUBLIC CONTACT
As part of the funding process, an environmental study (CEQA and/or Initial Study and Mitigated Negative Declaration) will be posted for public review and comment. In addition, a public hearing will be held to review the environmental study.

The project will include a web page to be hosted on the City’s website with periodic updates throughout the multi-year duration of the project.

NEXT STEPS
If Council approves, staff will finalize a PSA with Brown and Caldwell that authorizes the preliminary design services, followed by issuing a Notice to Proceed. Staff will return to Council for approval of the items listed below.

The following schedule has been developed for this project:

Award of Professional Services Agreement – Approval for Authorization of Preliminary Design Services for the Phase II Project
July 5, 2022
City Council Authorization to Award Final Design and
Engineering Services During Construction for the Phase II Project
January 2023
Award of Professional Services Agreement for Third Party Construction Management including Value Engineering and Constructability Review for the Phase II Project
June 2023
Approval of Environmental Study – IS/MND or CEQA December 2023 Approval of Plans and Specifications and Call for Bids for the Administration Building and Laboratory
December 2023
Approval of Application for WIFIA and SRF Loans January 2024 Award of Construction Contract for the Administration
Building and Laboratory Project
February 2024
Approval of Plans and Specifications and Call for Bids for the Primary Effluent Equalization Facility Relocation Project May 2024
Award of Construction Contract for the Primary Effluent Equalization Facility Relocation Project
July 2024
Approval of Plans and Specifications and Call for Bids for the Phase II Improvements Project
July 2024

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Award of Construction Contract for the Phase II
Improvements Project
February 2025
Administration Building and Laboratory Project
Construction Completion
December 2025
Primary Effluent Equalization Facility Relocation Project Construction Completion
June 2026
Phase II Improvements Project Construction Completion July 2028 Prepared by: Suzan England, Senior Utilities Engineer
Recommended by: Alex Ameri, Public Works Director
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH BROWN AND CALDWELL, IN AN AMOUNT NOT-TOEXCEED $3,849,711 FOR THE PRELIMINARY DESIGN SERVICES FOR THE

WATER POLLUTION CONTROL FACILITY (WPCF) IMPROVEMENTS PHASE II PROJECT, PROJECT NO. 07760
WHEREAS, the City of Hayward (City) owns and operates the Water Pollution Control Facility (WPCF), which treats an average flow of approximately eleven million gallons per day; and
WHEARAS, in 2009, the City completed the construction of the WPCF Improvement Phase I Project that improved the reliability and efficiency of the WPCF’s secondary biological treatment and clarification processes; and
WHEREAS, on February 27, 2018, the City entered into an agreement with Black & Veatch Corporation to perform engineering services for the WPCF Phase II Facilities Plan.

The Phase II Facilities Plan serves as a comprehensive planning document for the WPCF infrastructure needs for the next twenty-five years; and WHEREAS, increasing nutrient loadings in the Bay is a growing concern for the Bay Area water quality community. The Water Board issued the first Nutrients Watershed Permit, adopted in 2014, that required Dischargers to evaluate the Bay’s response to current and future nutrient loads and to evaluate opportunities to remove nitrogen through treatment plant improvements or optimization; and
WHEREAS, on May 8, 2019, the Water Board adopted the 2nd Nutrients Watershed Permit for managing nutrient discharges to the Bay and required further studies on the impacts of nutrients on the Bay and indicated a load-cap based nitrogen regulatory framework which will be utilized for establishing future nitrogen limits when issuing the 3rd Nutrients Watershed Permit in 2024; and
WHEREAS, the City of Hayward agreed to be an early actor with plans to substantially reduce nutrients in the 2nd Watershed Permit. The benefits of being an early actor include should the Board impose future more stringent load limits, early actors will not be required to make further reductions during the design life of capital improvements; and

ATTACHMENT II

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WHEREAS, it is anticipated that the Water Board’s issuance of the 3rd Nutrients Watershed Permit in 2024 will establish nitrogen load limits. The nitrogen levels in the WPCF’s discharge will exceed the anticipated load limit by 2027. The future nitrogen limits necessitate the WPCF to upgrade the existing secondary process to reduce the nitrogen load in the wastewater discharge to the Bay; and
WHEREAS, the main goal of the Phase II Project is to construct improvements necessary for nutrient removal in compliance with the Water Board’s 2nd Nutrient Watershed Permit early actor provisions; and
WHEREAS, on March 15, 2022, staff issued a request for proposals (RFP) to award a contract for design and engineering services during construction for the WPCF Phase II Project; and
WHEREAS, in response to the RFP, the City received three (3) proposals and after objectively evaluating proposals, has determined that Brown and Caldwell possess the necessary experience and technical skills to perform the work; and WHEREAS, the City and Brown and Caldwell have negotiated a not-to-exceed 3,849,711 for preliminary design services for the WPCF Phase II Project; and WHEREAS, the City and Brown and Caldwell will pursue financing under the California Clean Water State Revolving Fund (CWSRF) loan program and the U.S.

Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) program; and
WHEREAS, staff will return to City Council for approval to award the remainder of the Professional Engineering Services in a not-to-exceed amount of $20,887,613 for final design and engineering services including optional service tasks for the WPCF Phase II Project; 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 an agreement with Brown and Caldwell for preliminary design services of the WPCF Phase II Project, Project No. 07760, in an amount not to exceed $3,849,711, 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 22-437
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $313,375 from Bunker Hill by Trumark Homes, LLC. to the La Vista Park Project, Project No. 06914

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $313,375 from Bunker Hill by Trumark Homes, LLC. to the La Vista Park Project, Project No. 06914.

SUMMARY
On April 19, 2022, Council adopted Resolution No. 22-093, which approved the development project on Parcel Group 5 (PG5), Bunker Hill by Trumark Homes, LLC. As a condition of approval on this entitlement project, the City’s Landscape Architect determined the developer was responsible for a tree mitigation fee of $313,375. Since PG5 was unable to mitigate all removed trees within the project limit, the fee was to be applied to La Vista Park, the closest public park to PG5.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $313,375 from Bunker Hill by Trumark Homes, LLC. to the La Vista Park Project, Project No. 06914

SUMMARY
On April 19, 20221, Council adopted Resolution No. 22-093, which approved the development project on Parcel Group 5 (PG5), Bunker Hill by Trumark Homes, LLC. As a condition of approval on this entitlement project, the City’s Landscape Architect determined the developer was responsible for a tree mitigation fee of $313,375. Since PG5 was unable to mitigate all removed trees within the project limit, the fee was to be applied to La Vista Park, the closest public park to PG5.

BACKGROUND
The City’s Tree Preservation Ordinance (Chapter 10, Article 15 of the Municipal Code) allows City Council to enact regulations that control the cutting or trimming, relocation, or removal of trees within the City to ensure that the work is aligned with the International Society of Arboriculture (ISA) standards while recognizing there are rights to develop and enjoy private property. The Ordinance allows the City’s Landscape Architect to designate off-site locations to meet tree mitigation requirements when it is not possible at the project site.

DISCUSSION
The proposed development at PG5 could not satisfy the tree mitigation goal within the

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5558450&GUID=E311F6D5-5023-4521-9CD0-57950C7A1029&Options=&Search=

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project limits. As a condition of approval on this entitlement project, the City’s Landscape Architect determined the developer was responsible for a tree mitigation fee. Thus, to mitigate all removed trees, which is roughly 500 trees according to the Arborist Report, the assessed tree mitigation fee of $313,375 will be applied to La Vista Park, the closest public park to PG5.

ECONOMIC IMPACT
This item will have a positive economic impact to the City. La Vista Park will attract visitors that will contribute to the City and South Hayward’s vitality. The park will provide an amenity to the area and have a positive impact on the community’s economic development.

FISCAL IMPACT
This item will appropriate $313,375 in tree mitigation fees to the La Vista Park Project, increasing the project’s total budget from approximately $23.27 million to $23.58 million.

The fees collected will be used for tree planting. There will be no impact on the General Fund.

STRATEGIC ROADMAP
This item supports the following Strategic Priorities and projects:

Invest in Infrastructure:

Project 14, Part 14a and 14b: Design and Construct La Vista Park Confront Climate Crisis:

Project 7: Plant 1,000 trees annually

SUSTAINABILITY FEATURES
La Vista Park will be designed to be the City’s most environmentally sustainable park. As part of the design, park areas will require less irrigation and native grasses and plants will be used throughout the park. The tree mitigation fee will support tree planting, leading to positive environmental benefits, such as reducing greenhouse gasses, improving local air quality, providing food and shelter for wildlife, among many other benefits.

PUBLIC CONTACT
This item did not require public contact.

NEXT STEPS
If Council approves this request, staff will accept $313,375 from mitigated tree revenue and appropriate the same amount to the La Vista Park Project, Project No. 06914.

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Prepared by: Manny Grewal, Management Analyst
Alex Tat, Associate Civil 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 ACCEPT AND
APPROPRIATE $313,375 FROM BUNKER HILL BY TRUMARK HOMES, LLC. TO THE LA VISTA PARK PROJECT, PROJECT NO. 06914
WHEREAS, on April 19, 2022, City Council adopted Resolution No. 22-093, approving the development project on Parcel Group 5 (PG5), Bunker Hill proposed by Trumark Homes, LLC., and
WHEREAS, the proposed development could not satisfy the tree mitigation goal within the project limits, and
WHEREAS, the City’s Landscape Architect determined the tree mitigation fee to be $313,375 and could be applied towards La Vista Park Project, Project No. 06914, and WHEREAS, the developer is aware of this condition of approval and willing to make the contribution, and
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager is authorized to accept and appropriate $313,375 in tree mitigation fees paid by Trumark Homes, LLC for the Parcel Group 5 Bunker Hill development to the La Vista Park Project, Project No. 06914, to support tree planting.

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:

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands through October 15, 2022

RECOMMENDATION
That the Council authorizes the City Manager to negotiate and execute an extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District (HARD) through October 15, 2022.

SUMMARY
The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks.

Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. The agreement had been renewed approximately every 10 years through 2021. In June 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City-owned parks, which included a timeline and process to create operational standards that can be included in a future lease agreement. Staff is seeking Council authorization to extend the existing agreement through October 15, 2022, to continue conversations with HARD about lease terms and operational standards.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Parks Covered By Master Lease
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Authorization for the City Manager to Negotiate and Execute an Extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands through October 15, 2022

SUMMARY
The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks. Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. The agreement had been renewed approximately every 10 years through 2021. In June 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City-owned parks, which included a timeline and process to create operational standards that can be included in a future lease agreement. Staff is seeking Council authorization to extend the existing agreement through October 15, 2022, to continue conversations with HARD about lease terms and operational standards.

BACKGROUND
The Hayward Area Recreation and Park District was created in 1944 as an independent special district under California law. HARD maintains and operates parks in the communities of Hayward, Castro Valley, San Lorenzo, Ashland, Cherryland, and Fairview. HARD receives a portion of local property tax for its operations and capital improvements. In addition, voters passed Measure F1 in 2016, a $250,000,000 bond measure that authorizes funding for repairs, upgrades, and new construction projects to the District’s parks and facilities.

The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks. Through that agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. That agreement had been renewed approximately every 10 years through 2021.

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There are currently 35 City-owned parks covered under the lease agreement (see Attachment III). City-owned parks are a combination of legacy properties that the City has owned for decades, as well as parks that were established as part of development agreements when the developer agreed to dedicate a portion of a project to a community park.

DISCUSSION
In June 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City owned parks. Previous agreements had not included operational standards for care and use of park premises. Because of this, staff proposed the agreement be for a one-year term and include a timeline and process to create operational standards that can be included in a future lease agreement.

Over the past year, HARD has provided basic aggregated data on programming and has developed standards for park maintenance. However, because of staff vacancies and competing priorities due to the COVID-19 pandemic, staff for both agencies have not had the capacity to finalize mutually agreed upon performance standards. Because of this, staff is recommending extending the existing lease through October 15, 2022 and is seeking Council authorization to execute this extension.

Staff will return to Council in mid-September with an update on the negotiations and recommendations for next steps. As part of the negotiations, both agencies have verbally agreed to meet the following schedule to create mutually agreed-upon operational standards for the District’s use and care of premises. The purpose of this process is to develop a mutual understanding of the priorities of the City Council and HARD Board and to develop feasible standards to measure the achievement of these priorities.

July – November 2022:
 HARD will provide and both parties will review any existing baseline data for the care of premises. This could include but is not limited to, the District’s recently adopted Park’s Maintenance Standards.
 HARD will provide and both parties will review any existing baseline operational data for use of premises. This could include, but is not limited to, hours of programming, program enrollment, cost of programming, and the number of scholarships provided.  HARD will provide a report on the budget and current status of capital improvements including any designs and estimated timing for construction and opening  Both parties will research and review best practices from similar jurisdictions for recreation programming and park maintenance.

December 2022 – January 2023:
 Both parties will meet twice monthly to prepare for a joint work session in early February.

Early February 2023:

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 Both parties will hold a joint work session with the Hayward City Council and District Board to receive direction from elected officials.

February – April 2023:
 Based on the feedback at the work session, both parties will meet at least twice a month to draft and prioritize mutually agreed upon operational standards for HARD’s use and care of premises. In addition, both parties will come to a mutual understanding of the anticipated schedule and design of capital improvements for the next several years.
 Where possible, HARD will collect baseline measurements for the operational standards.
 If it is not possible to immediately collect baseline measurements, HARD will create a timeline and process for collecting this data. Both parties will collaborate on a datasharing agreement if necessary.

May 2023:

Both parties will finalize a revised Master Agreement and Lease with the operational standards and outcomes for adoption by both boards.

FISCAL IMPACT
This item has no fiscal impact.

NEXT STEPS
Once authorized by Council, staff will execute the extension of the lease through October 15.

Staff will continue to work with HARD staff to identify operational standards and will return to Council in mid-September with recommendations for next steps.

Prepared by: Mary Thomas, Management Analyst
Amy Cole, Management Analyst
Recommended by: Regina Youngblood, Assistant City Manager Approved by:
___________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN EXTENSION TO THE MASTER AGREEMENT AND LEASE WITH

THE HAYWARD AREA RECREATION AND PARK DISTRICT FOR OPERATIONS AND MAINTENANCE OF CITY LANDS THROUGH OCTOBER 15, 2022
WHEREAS, Chapter 4 of Division 5 of the Public Resources Code of the State of California authorizes and empowers any city and recreation district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities; and
WHEREAS, City and District entered into a Master Agreement and Lease dated November 17, 1970, for the purpose of establishing and maintaining park sites within the City of Hayward; and
WHEREAS, that Agreement has been renewed every ten years with minor modifications to add or remove park sites, and was renewed for a one-year term in June 2021.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to negotiate and execute an extension to the current Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands through October 15, 2022, 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
Attachment III

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CITY OF HAYWARD PARK SITES LEASED BY THE HAYWARD AREA RECREATION AND PARK DISTRICT

PARK NAME ADDRESS ACRES APN(S)
1 Alden E. Oliver Sports
Park
2580 Eden Park Pl 24.52 456-0097-001-00
2 Bechtel Mini Park 22798 Ross Pl 0.77 452-0076-026-00, 452-0076-047- 00, 452-0076-025-00, 452-0076-
048-00
3 Birchfield Park* Santa Clara St and Winton
Ave

1.12 443-0005-076-00
4 Canyon View Park Farm Hill Dr and Daisy Ct 5.41 081D-2081-069-00, 081D-2081- 068-00, 081D-2081-070-00, 081D1900-003-13
5 Children’s Park at Giuliani
Plaza
22738 Main Street ≈0.30 428-0066-049-00, part of 428-
0066-045-00
6 Christian Penke Park Tahoe Ave and Morningside
Dr

4.17 456-0050-059-00, 456-0046-109-
00 7 College Heights Park* 27020 Fielding Dr 1.99 081D-2086-058-00 8 Douglas Morrisson
Theatre*
N Third St @ Crescent Ave 0.17 415-0210-028-02
9 Eden Greenway #8* 25625 Cypress Ave 0.23 443-0075-035-02 10 Eldridge Park Hamrick Ln and Rieger Ave 3.44 454-0070-002-00 11 Fairway Greens Park 30504 Vanderbilt St 2.47 083-0221-050-01 12 Gordon E. Oliver Eden
Shores Park
2841 Seahaven Ct 5.58 461-0036-003-00
13 Greenbelt Park/Trails Ward Creek Canyon 7.90 425-0380-005-00, 425-0380-004- 00, 425-0380-003-00
14 Greenwood Park Eden Ave & Middle Ln 3.45 441-0083-019-00, 441-0083-018- 00 15 Haymont Mini Park Colette St & Luvena Dr 0.43 452-0036-001-02 16 Hayward Area Senior
Center
22325 N 3rd St 0.97 415-0250-001-04, 415-0210-029-
00 17 Jalquin Vista Park 28846 Bay Heights Rd 2.89 085A-6424-007-00 18 Japanese Garden N 3rd St and Crescent Ave 3.60 415-0250-001-04, 415-0230-038- 00, 415-0230-039-00
19 Kennedy Park 19501 Hesperian Blvd 14.53 432-0104-001-01 Attachment III

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20 La Placita Park El Dorado Ave at Sonoma St ≈0.20 Public Right of Way 21 Longwood Park Leonardo Way and Reed
Way

2.93 432-0056-033-00
22 Matt Jimenez Community
Center1
28200 Ruus Rd 1.08 465-0001-009-05
23 Memorial Park and
Hayward Plunge
24176 Mission Blvd 33.96 445-0070-015-00, 445-0140-001- 00 24 Mission Hills of Hayward
Golf Course*
275 Industrial Parkway
West

39.09 078G-2651-017-02
25 Nuestro Parquecito E 10th and Jefferson St 2.25 452-0084-110-01, 452-0080-055- 01, 452-0068-109-01
26 Palma Ceia Park 27600 Decatur Way 4.55 455-0060-032-01 27 Ruus Park Dickens Ave and Folsom
Ave

4.09 464-0040-003-00, 464-0035-013-
00 28 Shoreline Park* Breakwater Ave ≈0.10 438-0080-013-08 29 Sorensdale Park* 275 Goodwin St 2.72 452-0028-102-00 30 Southgate Park* 26780 Chiplay Ave 3.50 455-0024-097-00 32 Stratford Village Park Stratford Rd & Canterbury
Ln

1.92 464-0122-001-00
33 Tennyson Park* Panjon St and Huntwood
Ave

2.48 465-0001-011-02
34 Twin Bridges Park 301 Arrowhead Way 2.11 078G-2651-019-00 35 Weekes Park and
Community Center
27182 Patrick Ave 14.65 453-0050-052-01, 453-0075-004-
05, 453-0050-052-01
*These ten parks are owned by multiple agencies. The maps below show in yellow which portions are owned by the City, and thus covered under this agreement.

Attachment III

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Birchfield Park
College Heights Park
Douglas Morrisson Theater
Attachment III

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Eden Greenway #8
Mission Hills Of Hayward Golf Course and Twin Bridges Park Shoreline
Attachment III

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Sorensdale Park
Southgate Park
Tennyson Park
Attachment III

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All Hayward Parks by Ownership
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-443
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Kitchell for Construction Management for the Stack Center in an Amount Not-to-Exceed $520,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a professional services agreement with Kitchell for construction management for the Stack Center, not to exceed $520,000.

SUMMARY
On May 3, 2022, City Council approved moving forward with Phase I construction plans for the Stack Center. Staff then solicited proposals for construction management services. Staff received and reviewed five proposals. Staff is requesting to enter into a professional services agreement with Kitchell for Phase I construction management, not to exceed $520,000. Kitchell will begin immediately to assist the architect, RossDrulisCusenbery, with bid preparation. Phase I is anticipated to go to bid in November 2022. Kitchell will then provide oversight over whichever contractor is selected for construction to ensure timeliness and best practices during Phase I construction. The cost of this agreement is included in the CIP budget and covered through County and grant funding.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Kitchell for Construction Management for the Stack Center in an Amount Not to Exceed $520,000

RECOMMENDATION
That the Council adopts a resolution (Attachment I ) authorizing the City Manager to negotiate and execute a professional services agreement with Kitchell for construction management for the Stack Center, not to exceed $520,000.

Kitchell will begin immediately to assist the architect, RossDrulisCusenbery, with bid preparation. Phase I is anticipated to go to bid in November 2022. Kitchell will then provide oversight over whichever contractor is selected for construction to ensure timeliness and best practices during Phase I construction. The cost of this agreement is included in the CIP budget and covered through County and grant funding.

BACKGROUND
Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as the Stack Center. Below is a list of major milestones for the Stack Youth and Family Center Project over the past seven years:
 In July 2014, the County Board of Supervisors allocated $9.6 million from District 2’s share of one-time residual property tax funds for the Stack Center.  In 2015, the City, Alameda County, and the Hayward Area Recreation and Park District (HARD) formed the Stack Center Governance Group to guide the project and obtain the necessary resources.

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 In June 2015, the County Board of Supervisors approved the acceptance of a $5 million grant from the Kaiser Regional Foundation. This total funding amount of $14.6 million was reduced by approximately $600,000 to help fund Mia’s Dream Park, which is located on parcels abutting the Stack Center project site.  In September 2016, the Stack Center Governance Group issued a Request for Qualifications for Facility Operator and Administrator Services.  On March 27, 2018, Council authorized the City Manager to execute a facility operator agreement with La Familia and Eden Youth and Family Center (EYFC).  In June 2018, the City issued a Request for Proposals (RFP) for Phases I and II of the project: a community analysis, creation of a building program, and preliminary design.

The City received eight proposals. The Stack Center Governance Group evaluated each proposal and ranked RDC as the highest.
 On February 5, 2019, Council authorized the City Manager to execute a professional services agreement with RDC for Phases I and II work and accept $500,000 from Alameda County to cover the cost of the agreement.
 On June 16, 2020, Council authorized the City Manager to execute a professional services agreement with RDC for architecture and engineering services and accept $2,870,000 from Alameda County to cover the cost of the agreement.  On July 31, 2021, the partners held an open house at the future center and launched the fundraising campaign.
 On January 5, 2022, Council accepted a grant of $1 Million in State of California general funds for Phase I construction.
 On May 3, 2022, Council accepted a $2,647,000 CalTrans Grant for Phase I construction.
 On May 3, 2022, Council authorized the phasing of construction and an amendment to RDC’s contract to phase the designs and prepare for bid, not to exceed $377,800.

DISCUSSION
On May 3, 2022, City Council approved moving forward with Phase I construction plans for the Stack Center. Boundaries for Phase I are shown on the next page. Based on this Council direction, staff solicited proposals for construction management services.

Staff received proposals from five firms. Staff ranked these proposals based on cost, experience, and demonstrated skills. Because of their expertise, past experience, familiarity with the needs of the project, and the proposed staffing, staff has selected Kitchell as the most suitable firm for this work.

Staff is requesting Council authorization to enter into a professional services agreement with Kitchell not to exceed $520,000 for Phase I bid preparation and construction management.

This cost includes a ten percent contingency.

As the construction manager, Kitchell will assist the architect, RossDrulisCusenbery, this summer and fall with bid preparation and will review the schedule and cost estimates. Phase I is anticipated to go to bid in November 2022. During construction, Kitchell will work directly

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with the contractor selected to provide construction oversight and ensure the project remains on schedule and meets best practices. Kitchell will also help coordinate relocation for providers that are temporary displaces during construction.

Phase I boundaries shown in the dotted black line

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FISCAL IMPACT
The Stack Center CIP project has sufficient funding to cover this professional services agreement, which will be paid for using County and grant funds. The City currently has enough funds to complete the first phase of construction. The second phase of this project has a funding gap of $22.3 million. Staff is seeking to fill that gap through grants and donations.

SUSTAINABILITY FEATURES
The Stack Center will incorporate all City green building ordinances, including the zero-netenergy requirement for new construction.

NEXT STEPS
Once authorized by Council, staff will execute a professional services agreement with Kitchell.

Phase I construction is expected to go to bid in November and work will begin shortly after.

Prepared by: Mary Thomas, Management Analyst
Recommended by: Dustin Claussen, Acting Assistant City Manager Approved by:
____________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTATE AND

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KTICHELL FOR CONSTRUCTION MANAGEMENT SERVICES FOR PHASE 1 CONSTRUCTION

OF THE SOUTH HAYWARD YOUTH & FAMILY CENTER PROJECT, NOT-TO EXCEED $520,000
WHEREAS, Hayward community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as the Stack Center; and WHEREAS, on May 3, 2022, City Council approved moving forward with Phase I construction plans for the Stack Center and staff subsequently solicited proposals for construction management services for the project; and
WHEREAS, staff received proposals from five firms which were evaluated based on cost, experience, and demonstrated skills; and
WHEREAS, staff has selected Kitchell as the most suitable firm for this work because of their expertise, past experience, familiarity with the needs of the project and the proposed staffing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is authorized and directed to negotiate a professional services agreement with Kitchell for Phase I construction management for the Stack Center project, in an amount not to exceed $520,000, 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:

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $210,000 in Awarded Grant Funding from the State of California Office of Traffic Safety for Use by the Hayward Police Department That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $210,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department.

SUMMARY
The Hayward Police Department applied for and was awarded $210,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department as part of a Selective Traffic Enforcement Program (STEP) grant. The funds will be used for educational and other programs including impaired driving enforcement, enforcement focusing on distracted driving, seat belt enforcement, special enforcement encouraging motorcycle safety, enforcement, public education in areas with high bicycle/pedestrian collisions, and media outreach strategies designed to enhance public awareness.

ATTACHMENTS
Attachment I Staff Report
Attachment IIResolution
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $210,000 in Awarded Grant Funding from the State of California Office of Traffic Safety for Use by the Hayward Police Department

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $210,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department.

BACKGROUND AND DISCUSSION
The Hayward Police Department applied for and was awarded $210,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department as part of a Selective Traffic Enforcement Program (STEP) grant. The California Office of Traffic Safety strives to eliminate traffic deaths and injuries by making grants available to local and state public agencies for programs that help them enforce traffic laws, educate the public on traffic safety, and provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions.

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The Hayward Police Department plans to use these funds to reduce the number of persons killed and injured in collisions involving alcohol and other collision-causing factors. Strategies include the following:
a. Enforcement focused on impaired driving enforcement. b. Enforcement focusing on distracted driving.
c. Seat belt enforcement.
d. Special enforcement encouraging motorcycle safety.
e. Enforcement and public education in areas with high bicycle/pedestrian collisions. f. Media outreach strategies designed to enhance public awareness, educate the public and deter poor behavior.

FISCAL IMPACT
The Selective Traffic Enforcement Program (STEP) grant funds will not have an impact on the General Fund. These funds will be used to provide resources to the efforts mentioned above.

STRATEGIC ROADMAP
The STEP Grant supports the following Strategic Roadmap priorities although it does not fall under a specific project:
 Invest in Infrastructure – Invest in Multi-modal Transportation  Enhance Community Safety and Quality of Life

NEXT STEPS
If the Council authorizes this action, staff will appropriate the funding into the Police Department’s budget and administer the grant per the terms and conditions of the Office of Traffic Safety agreement.

Prepared by: Laura Gomez, Acting Senior Management Analyst Recommended by: Toney Chaplin, Chief of Police
Approved by:
_____________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARDCITYCOUNCIL
RESOLUTION NO. 22-
Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $210,000 IN GRANT FUNDING FROM THE CALIFORNIA

OFFICE OF TRAFFIC SAFETY FOR USE BY THE HAYWARD POLICE

DEPARTMENT
WHEREAS, Hayward Police Department applied for and was awarded $210,000 in grant funding from the State of California Office of Traffic Safety for use by the City of Hayward Police Department to implement best practice strategies under the Selective Traffic Enforcement Program (STEP); and,
WHEREAS, the Hayward Police Department shall use these funds for enhanced traffic enforcement and the creation of educational and other programs focused on reducing the number of persons killed and injured in traffic collisions involving alcohol and other primary collision factors under the provisions of the grant agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to accept and appropriate $210,000 in funding from the California Office of Traffic Safety for use by the Hayward Police Department.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2021 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) Between the City of Hayward and Tiburcio Vasquez Health Center (TVHC) for a Lease to Operate the Firehouse Clinic (FHC) and to Appropriate the Rent from TVHC to CIP Project FD010 for Building Maintenance, Upgrades, and Improvements in Service Delivery

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) between the City and Tiburcio Vasquez Health Center (TVHC) for a lease to operate the Firehouse Clinic (FHC) and to appropriate the rent from TVHC to CIP Project FD010 for building maintenance, upgrades, improvements in service delivery as needed.

SUMMARY
In 2015, the City of Hayward entered into a partnership, via the execution of a Memorandum of Understanding (MOU), with Tiburcio Vasquez Health Center (TVHC) to operate the Firehouse Clinic located at 28300 Huntwood Avenue in South Hayward and adjacent to Fire Station 7.

TVHC was initially chosen as a partner in the FHC due to its status as a Federally Qualified Health Center (FQHC). This unique status includes Medicare patient service delivery and allows the FQHC the opportunity to seek and obtain full cost-recovery. Since the Firehouse Clinic's inception, TVHC has operated as a self-sustaining organization by providing culturally and linguistically appropriate medical, dental, and behavioral health services to under-insured residents.

TVHC has proven to be an exceptional and irreplaceable partner. The City intends to expand the partnership with TVHC to include Hayward's new HEART program to improve overall population health by focusing on the integrated whole-person healthcare model.

The MOU executed between the City of Hayward and TVHC ended in 2019 and as such, the Hayward Fire Department is seeking to re-enter into a similar agreement with TVHC, for a five-year period with an option to review both parties’ obligations under the agreement on an annual basis. The resolution CITY OF HAYWARD Page 1 of 2 Printed on 7/1/2022
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File #: CONS 22-449
(Attachment II) includes appropriating past and future revenue collected via monthly rent payments to maintain the property and make necessary upgrades to the clinic to expand or improve service delivery.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT: Adopt A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) Between the City of Hayward and Tiburcio Vasquez Health Center (TVHC) for a Lease to Operate the Firehouse Clinic (FHC) and to Appropriate the Rent from TVHC to CIP Project FD010 for Building Maintenance, Upgrades, and Improvements in Service Delivery

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The MOU executed between the City of Hayward and TVHC ended in 2019 and as such, the Hayward Fire Department is seeking to re-enter into a similar agreement with TVHC, for a five-year period with an option to review both parties’ obligations under the agreement on an annual basis. The resolution (Attachment II) includes appropriating past and future revenue collected via monthly rent payments to maintain the property and make necessary upgrades to the clinic to expand or improve service delivery.

BACKGROUND
On June 17, 2014, the City Council approved the construction contract to build a new Fire Station Number 7. According to the Alameda County Public Health Department, health care coverage is unaffordable for more than 200,000 residents in Alameda County. Many of these uninsured residents use emergency rooms (ER) throughout the County as their primary health care providers, creating undue burden and overcrowding in these ERs. In addition, there is a significant shortage of primary and preventative care health providers in the County.

From an innovative and forward-thinking effort to address these issues, the concept of a Firehouse Clinic evolved. These centers could provide a new level of localized care that would be fully integrated into the County health care delivery system. The clinics would be colocated at fire station sites in Alameda County and have limited-scope staffing that would be a referral point for sub-acute 911 calls. Approximately 30,000 calls annually in Alameda County currently use emergency room services. They also help provide discharge follow-up for local residents within forty-eight hours of discharge from Acute Care. The construction of a new Fire Station 7 provided an opportunity to serve as a primary pilot site for a health care clinic, especially given the segment of the Hayward population that this station serves.

The Firehouse Clinic, approximately 2,400 square feet, is located at 28300 Huntwood Avenue in South Hayward, adjacent to Hayward Fire Station 7. The Firehouse Clinic, a first of its kind in the country, was a collaborative effort between the Hayward Fire Department, Tiburcio Vasquez Health Center, Acute Care Hospitals, and the Alameda County Health Care Services Agency. It was designed to provide an alternative to community clinics that have long wait times and costly (often preventable) emergency room visits; the clinic provides residents with accessible and affordable health care regardless of coverage. In 2015, the City executed a MOU with TVHC outlining the roles and responsibilities of this unique partnership.

DISCUSSION
City and TVHC Obligations: For all intents and purposes, the City's key role in any agreement with TVHC would be to maintain the building and property that TVHC will utilize to commence the provision of services and to allow the use of the space and some associated parking by TVHC. Likewise, TVHC's key role in this agreement is to: provide the requisite services; provide appropriate, safe, and code-compliant workspace(s) and office equipment for clinical staff; and maintain compliance with all municipal codes. It is important to note that TVHC will be responsible for all charges from their operations, such as custodial

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services, HVAC repairs, utilities, and waste disposal services. These terms will be worked out and negotiated through the agreement execution process.

Appropriation of Rent: TVHC will pay rent to the City in the amount of $2,200 per month.

Staff requests that Council authorize the City Manager to retroactively appropriate the rent collected by the clinic to CIP Fund FD010 for future clinic upgrades and general maintenance services. Staff also requests an ongoing appropriation of rent in an effort to help the clinic be as cost-neutral as possible.

The Firehouse Clinic has culturally and linguistically appropriately served over twenty-three thousand individuals since November 2016, including medical, dental, and behavioral health services. The Clinic has become an integral part of the South Hayward and Alameda County healthcare system.

ECONOMIC IMPACT
The clinic was designed to provide an alternative to community clinics with long wait times and costly (often preventable) emergency room visits. The clinic offers residents accessible and affordable health care regardless of coverage and has allowed low-income residents to seek medical attention when needed. There is no cost to the City for the execution of this MOU.

On the contrary, the City will generate monthly rent payments, which it hopes to use to support maintenance and improvements to 28300 Huntwood Ave.

FISCAL IMPACT
The Clinic was constructed through a $1.2 million grant from the Alameda County Health Care Services Agency. The City will not incur any expenses as a result of executing this MOU but will generate monthly rent income of $2,200, which the Fire Department will use towards maintenance and improvements.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, this item relates to the implementation of the following projects:

Project 1 Support Safety through Community-Centered Response and Enforcement Models
Project 2 Support Safety through Emergency Preparedness, Planning, and Response

PUBLIC CONTACT
City staff meets with TVHC and Alameda County to discuss myriad topics associated with the Firehouse Clinic, including the MOU scope of work. The MOU at issue will be reviewed and accepted by both the City Attorney's office and TVHC's legal department. Furthermore, the

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original MOU was reviewed by the Alameda County Board of Supervisors as part of their approval of a separate contract with TVHC; that contract is necessary in order to allow the County to fund TVHC's operational costs related to the Clinic.

NEXT STEPS
If this item is approved, staff will negotiate and execute the MOU and appropriate past and future revenue collected from TVHC monthly rent payments to CIP Project FD010 to fund property maintenance and clinic upgrades.

Prepared by: Shanalee Gallagher, Management Analyst
Recommended by: Garrett Contreras, Fire Chief
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT BETWEEN THE CITY OF HAYWARD AND TIBURCIO VASQUEZ HEALTH CENTER FOR THE OPERATION OF A FIREHOUSE CLINIC AT 28300 HUNTWOOD AVE., SOUTH HAYWARD
WHEREAS, the City of Hayward has partnered with Tiburcio Vasquez Health Center (TVHC) since 2015 to provide an innovative health care delivery model to the residents in Alameda County and would like to continue partnering with TVHC even though the Memorandum of Understanding with TVHC ended in 2019; and WHEREAS, a significant need still exists for such services throughout Alameda County, as more than 200,000 residents are unable to afford health care coverage; and WHEREAS, in order to address this issue, the City and TVHC would like to enter into a new agreement to continue working together to provide healthcare via the Firehouse Clinic (“Clinic”) and continue to expand service delivery together; and WHEREAS, TVHC would be fully responsible for operating the Clinic and for covering the annual operating costs and would pay rent to the City in the amount of $2,200 per month; and
WHEREAS, the City will use the monthly revenue generated by the Firehouse Clinic rent to maintain the property and help the clinic expand service delivery as needed.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:

That the City Manager is hereby authorized to execute an agreement between the City and Tiburcio Vasquez Health Center (TVHC) for the operation of a Firehouse Clinic at 28300 Huntwood Avenue in South Hayward, in a form approved by the City Attorney; and
That the City Manager is authorized to appropriate rent collected by the City from TVHC to CIP Project FD010 for the purpose of maintaining the property, making repairs and upgrades, and assisting the Firehouse Clinic expand service delivery as needed.

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 #: CONS22-429
DATE: July 5, 2022
TO: Mayor and City Council
FROM: City Manager
Chief of Police
SUBJECT: Adopt a Resolution Authorizing the Hayward Police Department to Enter Into A Five-Year Agreement With Axon Enterprises, Inc. For the Purchase of Axon Fleet Vehicle Dash Cameras With Automated License Plate Reading Technology

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the Hayward Police Department to enter into a five-year agreement with Axon Enterprises, Inc., for the purchase of Axon Fleet Vehicle Dash Cameras with automated license plate reading (ALPR) technology.

SUMMARY
In a continuing effort to broaden transparency, mitigate liability, advance investigative capabilities, and improve crime solvability, the Hayward Police Department is recommending purchasing and installing Axon Dash / ALPR cameras in fifty-three patrol vehicles.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III HPD ALPR Policy 429
Attachment IV HPD BWC Policy 425
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: City Manager
Chief of Police
SUBJECT: Adopt a Resolution Authorizing the Hayward Police Department to Enter Into A Five-Year Agreement With Axon Enterprises, Inc. For the Purchase of Axon Fleet Vehicle Dash Cameras With Automated License Plate Reading Technology

RECOMMENDATION
That the Council adopt a resolution (Attachment II) authorizing the Hayward Police Department to enter into a five-year agreement with Axon Enterprises, Inc., for the purchase of Axon Fleet Vehicle Dash Cameras with automated license plate reading (ALPR) technology.

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), which were attached to the 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 one-million license plate reads annually.

In fiscal year 2019, $150,000 was budgeted into the 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 a point where a single frontfacing camera can now not only capture video footage but can also capture vehicle license plate information.

DISCUSSION

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The Hayward Police Department 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. Some limitation of BWC’s include their inability to provide a stable overview of an incident and based on the BWC’s positioning on officers (upper chest area), they are unable to capture officers’ observations while they are driving their patrol vehicles.

BWC’s are also prone to potential non-activation by an officer in dynamic, high-stress critical incidents. The HPD’s BWC Policy 425 is attached for review (Attachment III).

The Axon Fleet 3 system is made up of a front facing dual-view camera which can record both video footage as well as capture images of license plates. These actions occur simultaneously.

In addition, a second infrared camera is positioned inside the passenger compartment 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. 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.

Video footage and license plate images, captured by the system, are wirelessly uploaded into Axon’s cloud-based storage accessed through “Evidence.com.” This is the same storage platform that HPD uses to store and manage BWC video footage. Axon’s storage platform 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 image 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.

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

Axon has not built out the capability to grant access to ALPR data to other Law Enforcement Axon customers. If the capability is created in the future, HPD will have to grant each individual agency permission via a memorandum of understanding (MOU). Axon does not grant access to any unauthorized third parties. Pursuant to California Government Code Section 3, Chapter 17.25 (commencing with section 7284) federal, state, or local law enforcement agencies shall not use any non-criminal history information contained within the database for immigration enforcement purposes.

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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).

Current regional police departments that have already invested in this technology are Livermore PD, Campbell PD, Tracy PD, Vacaville PD, Vallejo PD, and the Solano County Sheriff’s Office.

On April 11, 2022, this proposal was brought before the Community 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 addressed by providing the CAP with the information sharing and security measures outlined in this Staff Report.

On April 27, 2022, this proposal was brought before the Council Infrastructure Committee.

A discussion occurred regarding ACLU’s position on ALPR technology and the general capabilities and features of the fleet cameras. Committee recommendations included advocacy group outreach and a council work session to enable further dialogue regarding the proposal.

On June 21, 2022, a Council Work Session took place to further discuss the proposed purchase of the Fleet 3 camera system. During that session, Council recommended several areas to address before implementation of the project:

1. Having a mechanism in place to present information regarding the use of the system to the Community Advisory Panel and City Council.

To address this concern, a report of system usage will be included in the Police Chief’s biannual report to Council, which is concurrently shared with the Community Advisory Panel. This will provide another level of transparency in HPD’s use of the system.

2. Ensure that Dash Cam Video is captured in the highest video resolution rate possible to enhance video review.

To address this concern, language will be put into place in both Dash Camera policy as well as the contract with Axon that only the highest resolution rate available will be utilized (Currently at 1080p).

3. Several concerns were raised regarding specific items Council wanted to see included in the Policy language regarding the use of Dash Camera / ALPR technology.

The HPD has an existing ALPR policy, which has been in place since 2015 (Attachment III).

Additionally, the City has an overarching policy statement regarding the use of surveillance and other technologies, which HPD would abide by should this program be approved. The current HPD policy addresses many of the areas of concern, including data

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storage, data retention, data sharing, and data access. However, the HPD is certainly open to working with Council to strengthen policy language in these areas. With the extensive anticipated delays between the purchase of this technology and actual implementation (12 to 18 months), there will be ample time to strengthen policy language, which addresses concerns brought forward, as we have done with other technologies. This collective effort will contribute to the success of this technology. Some concerns, and associated suggestions for policy language, are listed below:
- What triggering events would be initially installed that would automatically activate a Dash Cam recording? As mentioned during the Council Work Session, the system allows up to ten electronic triggering events, which will begin a recording. At launch, staff would suggest these include, but not be limited to, emergency light activation, release of a less-lethal or lethal weapon from the vehicle’s locking mechanism, vehicle speeds reaching greater than 80 MPH, and detection of a vehicle collision.
- What events would require officers to activate their Dash Camera? Staff would suggest that required activations mirror the current required activations outlined in the Body-Worn Camera Policy covered under Policy #425.8 (Attachment IV). To tailor these activations to Dash Cameras, verbiage similar to “in addition to activating your BWCs during these events, officers shall also activate their Dash Cameras when it reasonably appears that the Dash Camera will capture a portion of the event.”
- What event will trigger an “alert” in the officer patrol vehicle? Staff would suggest receiving alerts only from the National Crime Information Center (NCIC) “Hot Sheet” list. These alerts include Amber Alerts, Silver Alerts, vehicles wanted in association with a felony crime, stolen vehicles, and stolen license plates.
- Adding stronger language restricting data sharing for immigration enforcement purposes. In addition to including language from California Government Code Section 3, Chapter 17.25 which prohibits local law enforcement agencies from using non-criminal information for immigration enforcement purposes and is listed above, additional policy language could be added to reinforce the City’s position.

4. A Suggestion was made regarding adding stronger data security language in any contract signed with AXON.

Currently, no contract is in place regarding the purchase of the Fleet 3 camera system.

During that process, staff would work closely with the City Attorney’s Office and the City’s Information Technology Department to ensure the proper level of data security assurances are included in the final contract.

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In addition to the Fleet 3 camera system, staff also recommends the purchase of an AutoTagging 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 content of the recording. 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 also increases the chances 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.

Community Engagement Efforts
As part of HPD’s ongoing efforts to be transparent, provide information, and engage the community in dialogue, the following steps have been taken:
- As stated above, on April 11th, 2022, the proposal was presented to the CAP. - HPD made notification, via email, of the proposed project and our ALPR Policy to the following community groups:
o The Community Advisory Panel (CAP) to the Chief of Police o The Hayward Concerned Citizens
o The Hayward Community Coalition
During a Council Work Session on 6/21/2022, community members had the opportunity to make public comments regarding the proposed purchase and use of Dash Camera / ALPR technology. Several community members took the opportunity to participate, sharing their thoughts and positions on this technology.

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 the contract, through Axon’s Technology Assurance Plan, all hardware components are upgraded and replaced at no cost.

The annual costs, listed below, include 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

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Funding has been secured via CIP to cover nearly all the costs associated with year one of the agreement. Moving forward, HPD will request funding in CIP to cover the remaining four years of the agreement (FYs 2023, 2024, 2025, and 2026).

Due to current supply chain issues, implementation, if approved by Council, would be approximately 12 to 18 months.

NEXT STEPS
If approved, the City Manager will execute a five-year purchase/service agreement with Axon Enterprises, Inc. to equip HPD’s patrol fleet with video dash cameras with integrated ALPR technology. The HPD will work with the Council to strengthen the language in the HPD’s Policy 429 (ALPRs) prior to program implementation.

Prepared by: William Deplitch, Police Captain
Recommended by: Toney Chaplin, Chief of Police
Approved by:
________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARDCITYCOUNCIL
RESOLUTION NO. 22-______
Introduced by Council Member _

RESOLUTION AUTHORIZING THE HAYWARD POLICE DEPARTMENT TO ENTER INTO A FIVE-YEAR AGREEMENT WITH AXON ENTERPRISES, INC. FOR

THE PURCHASE OF AXON FLEET VEHICLE DASH CAMERAS WITH

AUTOMATED LICENSE PLATE READING TECHNOLOGY
WHEREAS, in 2014, the Hayward Police Department purchased Automated License Plate Reading (ALPR) cameras for its patrol fleet; and, WHEREAS, the cameras purchased in 2014 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 a point where a single front facing camera can now not only capture video footage but can also capture vehicle license plate information and,
WHEREAS, on 04-11-2022, this proposal was brought before the Community Advisory Panel (CAP) for review and input; and,
WHEREAS, on 04-27-2022, this proposal was brought before the Council Infrastructure Committee (CIC); and,
WHEREAS, on 06-21-2022, this proposal was discussed at a Council Work Session; and,
WHEREAS, funding has been secured via Capital Improvement funds to cover nearly 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; and,
WHEREAS, the Hayward Police Department will work with Council to strengthen the language in HPD Policy 429 (ALPRs) prior to program implementation.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Hayward Police Department to enter a five-year purchase agreement with Axon Enterprises, Inc. and purchase Axon Fleet vehicle dash cameras with automated license plate reading (ALPR) technology.

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:

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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.

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(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.

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(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.

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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 departmentapproved 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
Policy
425
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Portable Audio/Video Recorders
425.1 PURPOSE AND SCOPE
The Hayward Police Department requires that employees (issued proper equipment) use either a department-issued digital audio recorder (DAR) or body worn camera (BWC) during their official police duties. These recorders are intended to assist officers in the performance of their duties by providing an unbiased audio and/or video record of a contact. 425.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 17.5.4, 41.3.8 425.2 DEFINITIONS
Digital Audio Recorder (DAR) – A device individually worn by employees that can capture audio when activated by the employee.

Body Worn Camera (BWC) – A device individually worn by employees that can capture audio and video when activated by the employee.

Digital Evidence Management System (DEMS) – A management system designed to digitally collect, store, secure, disseminate and purge recorded media. The digital recordings are accessible to authorized personnel and maintain an audit trail of user activity. 425.3 POLICY
Employees shall only use a department-issued DAR or BWC. All video and/or audio recordings created while on duty, to include photos of crime scenes, traffic accidents, arrests, subject stops, traffic stops, prisoner and witness interviews, evidence, and any other daily activity are the property of the Hayward Police Department. Employees shall not mix work related recordings with their personal information or personal recordings. Additionally, employees shall not use departmentissued video or audio recording devices and recording media for personal use.

Employees shall utilize their DAR and BWC in accordance with the provisions of this policy to ensure the proper and most effective use of both devices.

Except for official law enforcement related purposes, duplication or dissemination of any recording outside the Hayward Police Department is strictly prohibited without specific written authorization of the Chief of Police or his/her designee.
425.4 OFFICER RESPONSIBILITIES
Prior to going into service, each uniformed officer will be responsible for making sure that he/she is equipped with a department-issued DAR or BWC in good working order. The device shall be sufficiently charged and tested for proper function. Officers shall report malfunctions, damage, loss or theft of their recording devices to their supervisor prior to going into service.

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In regard to BWCs, uniformed officers shall wear the recorder on their person in a secured fashion and in such a way to provide an unobstructed camera view of officer/citizen contacts. Officers shall use an approved mount to secure the BWC to their uniform.

By the conclusion of the officer’s shift, the officer shall upload the BWC recording(s) to the DEMS to include the appropriate ID (citation or incident number), TITLE (abbreviated description of the footage), and CATEGORY. Officers shall follow upload procedures pursuant to this policy. In the same manner, at the conclusion of the officer’s shift, DAR recordings shall be uploaded into the PUMA Management System.

Officers shall document the use of DARs or BWCs in any associated report for evidentiary purposes. In the event an officer fails to record an incident as required by this policy or the recording device malfunctions, the officer shall document the reason(s) in their associated report and on the appropriate form for record keeping. He/she shall submit the form to his/her supervisor as soon as practical.
425.4.1 NON-UNIFORMED RESPONSIBILITY
Any officer assigned to non-uniformed positions may carry a department-issued DAR or BWC at any time the officer believes that such a device may be beneficial to the situation. When a nonuniformed officer works a uniformed shift, he/she shall wear and use a Department-issued DAR or BWC in accordance with this policy.
425.4.2 TRAINING
Officers must complete an agency-approved training to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance and to incorporate changes, updates or other revisions in policy or equipment. 425.5 MEMBER PRIVACY EXPECTATION
All recordings made by members on any [department/office]-issued device at any time, and any recording made while acting in an official capacity for this [department/office], regardless of ownership of the device it was made on, shall remain the property of the [Department/Office].

Members shall have no expectation of privacy or ownership interest in the content of these recordings.
425.6 SUPERVISOR RESPONSIBILITIES
Supervisors shall ensure proper performance pursuant to this policy regarding DARs and BWCs.

Supervisors shall ensure that employees properly document the activation of their DAR or BWC in the associated report. In cases where the officer’s DAR or BWC was not activated pursuant to this policy, the supervisor is expected to ensure proper documentation by the employee of the incident on the appropriate form and submit the form to the IA manager.

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When improper use of the DAR or BWC becomes apparent, supervisors shall document the officer’s policy violation accordingly based on the Standards of Conduct and Evaluation of Employees policies.

Supervisors shall work to promptly address any technical issues as soon as practical that may arise with the recording devices. DARs or BWCs that are malfunctioned, damaged, lost or stolen shall be replaced prior to the officer going into services or as soon as practicable. 425.6.1 SUPERVISOR RESPONSIBILITIES
Supervisors should take custody of a portable audio/video recording device as soon as practicable when the device may have captured an incident involving the use of force, an officer-involved shooting or death or other serious incident, and ensure the data is downloaded (Penal Code § 832.18).
425.7 OPERATING PARAMETERS
Penal Code § 632 prohibits any individual from surreptitiously recording any conversation in which any party to the conversation has a reasonable belief that the conversation was private or confidential, however Penal Code § 633 expressly exempts law enforcement from this prohibition during the course of a criminal investigation, as follows:
(a) No member of this Department may surreptitiously record a conversation or video footage of any other member of this department without the expressed knowledge and consent of all parties. Nothing in this section is intended to interfere with an officer's right to openly record any interrogation pursuant to Government Code § 3303(g). (b) Officers may surreptitiously record any conversation with or video footage of an individual, including another member of this department, during a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation.

1. For the purpose of this policy, any officer contacting an individual suspected of violating any law or during the course of any official law enforcement related activity shall be presumed to be engaged in a criminal investigation. This presumption shall not apply to contacts with members of this Department conducted solely for administrative purposes.

Officers that are present during a YFSB counseling session shall not record any portion of that session without the knowledge of the counselor and prior approval from a YFSB supervisor or sworn supervisor.

All on-scene officers (inclusive of initiating and witness officers) shall activate their audio recorders or cameras pursuant to this policy.

Personnel are not required to obtain consent from an individual when:
(a) In a public place,
(b) In a location where there is no reasonable expectation of privacy and the officer is not conducting a criminal investigation.

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425.7.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER
Members of the [Department/Office] may surreptitiously record any conversation during a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 633).

Members shall not surreptitiously record another [department/office] member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 425.7.2 EXPLOSIVE DEVICE
Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present.
425.7.4 CESSATION OF RECORDING
Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident.

Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 425.8 REQUIRED ACTIVATION
At no time should an employee jeopardize his/her safety in order to activate a recording device or change the recording media. If an employee's safety is in jeopardy, he/she shall activate their recording device as soon as practicable after the officer safety issue has been addressed.Officers shall activate their DAR or BWC and record contacts under the following circumstances/situations:
(a) All priority 1 and 2 dispatched calls for service (prior to arrival on scene) (b) All self-initiated contacts. Whenever possible, audio or video recording devices shall be activated prior to any self-initiated activity or field contact. All other assisting officers shall also activate their BWC prior to arriving to the scene of the incident. (c) When respond ing to any in-progress incident. Whenever possible, DAR or BWC devices shall be activated prior to arrival at any in-progress incident. All other assisting officers shall also activate their DAR or BWC devices prior to arrival at any in-progress incident. (d) All searches including, but not limited to, people, vehicle and buildings. When executing a search warrant, a parole or probation search, or consent search officers shall record the "Knock and Notice" with their DAR or BWC. Officers shall record any conversation with the occupants.
(e) All officers involved in K-9 deployment, searches and audible warning of a canine deployment.

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(f) Any foot pursuit or vehicle pursuits: primary, secondary officers and other authorized officers.
(g) All Code 3 driving and/or responses.
(h) Officers assigned to crowd control, protests or mass arrest incidents. (i) Suspect, Witness and victim statements; for use of force incidents this will include witness attempts.

U) Transports involving prisoners, suspects, victims, witnesses or any person involved in the investigation.
(k) Any call for service or field contact where the officer reasonably believes the contact may become adversarial (e.g. domestic disturbances, contacts with mentally ill subjects, etc) or where the contact becomes adversarial after an officer's initial contact. (I) In circumstances where the officer reasonably believes the recorded footage may contain evident iary value.
(m) SRU personnel l (members of the negotiation, entry/arrest, perimeter team) engaged in an active tactical operation or enforcement encounter.

If multiple members of the Department are working together, all involved members shall utilize their cameras with respect to this policy. Members shall not coordinate or otherwise decide to use only one ca mera to capture the incident.

Members shall remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording shall be considered using this same criterion. Recording shall resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording.

Other than at the conclusion of the contact or investigation, personnel may deactivate in places where there is a reasonable expectation of privacy or in circumstances where the audio recorder or camera may prevent them from obtaining information in relation to an investigation. Instances where personnel may deactivate include, but are not limited to:
(a) During interviews involving sexual assault victims, (b) In the presence of an explosive device,
(c) Inside hospital emergency rooms and other medical facilities, (d) In tactical planning situations;
(e) While in a police facility.
425.8.1 DETENTION FACILITY
Members assigned to the HPD jail shall activate their BWC's in accordance with the Required Activation (4 25.8), as well as while in performance of the following duties:

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1. Any time an inmate is removed or escorted from their cell or holding area

2. Entering a cell, or holding area, occupied by an inmate. These situations include, but not limited to:
a. Conducting a count
b. Offering and service of meals
c. Contacting an inmate who is inside their cell, including conversations through the window d. Movement of a prisoner, examples include but not limited to, visitation, cell changes, ect. e. Medical emergencies
f. Any other inmate contact where recording is not otherwise prohibited

3. Processing of new arrestees, including the general medical screening questionnaire

4. Searches of a cell or holding area

5. During transportation of inmates, including on-loading and off-loading of transportation vehicles

6. Members shall NOT intentionally record inmates while conducting a strip search, while an inmate is speaking with their attorney, or during an inmate's use of a toilet or shower; unless circumstances arise which dictate the need for BWC activation, such as the inmate becoming uncooperative and/or resistive during the contact, or other situations where recording this contact becomes reasonably necessary.
425.8.2 ANIMAL CONTROL SERVICES
Members assigned to the HPD animal services shall activate their BWC's in accordance with the Required Activation (425.8), as well as while in performance of the following duties:

1. All calls for service and investigations requiring any field contact

2. High priority calls for service with the exception of stray/injured animals, or wildlife rescues

3. Capture of aggressive animals

4. In-field euthanasia

5. In shelter contact related to case/incident investigations and any issuance of Notice to Comply, Citation s or Orders

6. Whenever assisting a sworn officer

7. Circumstances where the employee reasonably believes the recorded footage may contain evidentiary value
425.8.3 PROHIBITED USE OF BIOMETRIC SURVEILLANCE SYSTEM The installation, activation, or use of biometric surveillance systems, including facial recognition, in connection with portable recorders is prohibited (Penal Code § 832.19).

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425.9 IDENTIFICATION AND PRESERVATION OF RECORDINGS
To assist with identifying and preserving data and recordings, members should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report.

A member should transfer, tag or mark recordings when the member reasonably believes:
(a) The recording contains evidence relevant to potential criminal, civil or administrative matters.
(b) A complainant, victim or witness has requested non-disclosure. (c) A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person.
(d) Disclosure may be an unreasonable violation of someone’s privacy. (e) Medical or mental health information is contained.
(f) Disclosure may compromise an undercover officer or confidential informant.

Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording.
425.9.1 RETENTION REQUIREMENTS
All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 180 days. 425.10 POST-ACTIVATION PROCEDURES
Any time an employee records a contact, which constitutes evidence in a criminal case, the employee shall cross-reference the associated case number on the recording under the "ID" column and in the associated police report. In all cases of activation, the employee shall identify the appropriate category of retention.

When employees activate a recording device during the performance of their duties, the recording media shall be uploaded at the conclusion of their shift to the DEMS or the PUMA Management System.
425.11 RELEASE OF RECORDINGS
Recordings made using portable recording devices pursuant to this policy are department records and may only be released as provided in the Release of Records and Information Policy or for other authorized legitimate department business purposes. 425.12 RETENTION OF RECORDING MEDIA
BWC and DAR recordings shall be retained in the DEMS or PUMA Management System where they are accessible for review and use strict to the guidelines pursuant to this policy. Access to recordings is automatically logged and can be audited. It should be clear that DEMS or the PUMA Hayward Police Department
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Management System will not allow for recordings to be manipulated or destroyed. Accidental recordings may be deleted at the request of the recording officer. Requests to delete accidental footage shall be approved by the Division Commander/Watch Commander after it has been proven that the recording does not contain any evidentiary value.

Recordings that contain evidentiary value shall be retained in the same manner as any other evidence gathered during a criminal investigation. Recordings that contain administrative or evidentiary value shall be retained for up to five years. These recordings include the following cases:
(a) Involving reportable use of force
(b) Leading to a detention or arrest
(c) Administrative or criminal investigations
For all non-criminal recordings when it comes to DEMS, the retention of recording media will be 90 days provided that it remains unassociated to any criminal or administrative investigations.

For all non-criminal recordings when it comes to the PUMA Management System, the retention of recording media will be 90 days provided that it remains unassociated to any criminal or administrative investigations.
425.13 REVIEW OF RECORDED MEDIA FILES
When preparing written reports, members should review their recordings as a resource. However, members should not use the fact that a recording was made as a reason to write a less detailed report.

Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance.

Recorded files may also be reviewed:
(a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation.
(b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case.
(c) By media personnel with permission of the Chief of Police or the authorized designee. (d) In compliance with a public records request, if permitted, and in accordance with the Release of Records and Information Policy.
425.14 AUTHORIZED REVIEW AND USE OF RECORDED MEDIA FILES All recordings are the property of the Hayward Police Department and are not to be released outside the agency without prior written approval or court order or subpoena. Audio or video Hayward Police Department
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recordings shall only be reviewed or used for internal or external investigations of misconduct or where there is reasonable suspicion that a recording contains evidentiary value. Authorized groups may have access to review or use recorded media files on a right to know, need to know basis. The following groups include:
(a) By a supervisor or the Internal Affairs Unit in response to a personnel complaint, to investigate a violation of policy by an officer, to use for training purposes or to ensure proper use of the DAR or BWC per this policy. Managers and supervisors shall document and forward to the Patrol Commander a quarterly audit of BWC footage; the quarterly audit shall review footage from at least two randomly selected personnel.

Managers and supervisors shall notify employees when a random compliance audit is completed. Internal Affairs investigations and personnel complaints do not constitute an audit.
(b) By the personnel who originally recorded the incident. Members shall not use the fact that a recording was made as a reason to write a less detailed report. Employees may review only their own recordings, unless they have received prior permission from their division commander to review other available recordings, as it relates to:
o Prior to preparing written reports and/or statements relevant to any incident to help ensure accuracy and consistency of accounts
o Prior to courtroom testimony or for courtroom presentation o Officer-involved shootings
o
In-custody deaths
(c) Pursuant to lawful process or by criminal investigators or court personnel authorized to review evidence in a related case or to aid in an investigation. (d) By media personnel with the written permission of the Chief of Police or authorized designee. Recordings that unreasonably violate a person’s privacy or sense of dignity shall not be publicly released unless disclosure is required by law or order of the court. (e) By the City Attorney or his/her designee through permission by a Division Commander.

Recordings shall not be used by any member for the purpose of embarrassment, intimidation or ridicule.

In the absence of extenuating circumstances, an individual employee's recording shall not be viewed by another employee except via the share feature within Evidence.com and only after supervisor approval has been given.
425.15 SYSTEM ADMINISTRATOR RESPONSIBILITIES
The System Administrator is designated by the Chief of Police and has oversight responsibilities to include, but not limited to, the following:
(a) Operation and user administration of the system
(b) System evaluation
(c) Training
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(d) Policy and procedure review and evaluation
(e) Coordination with IT regarding system related issues (f) Ensure recorded files of evidentiary value are secured and maintained for a minimum of one year. Ensure all other routine files are secure and maintained for 90 days. (g) Ensure recorded files are reviewed and released in accordance with federal, state, and local statutes and the City of Hayward/Hayward Police Department retention policy. 425.16 COORDINATOR
The Chief of Police or the authorized designee shall appoint a member of the Department to coordinate the use and maintenance of portable audio/video recording devices and the storage of recordings, including (Penal Code § 832.18):
(a) Establishing a system for downloading, storing and security of recordings. (b) Designating persons responsible for downloading recorded data. (c) Establishing a maintenance system to ensure availability of operable portable audio/ video recording devices.
(d) Establishing a system for tagging and categorizing data according to the type of incident captured.
(e) Establishing a system to prevent tampering, deleting and copying recordings and ensure chain of custody integrity.
(f) Working with counsel to ensure an appropriate retention schedule is being applied to recordings and associated documentation.
(g) Maintaining logs of access and deletions of recordings. 425.17 RETENTION OF RECORDINGS
Recordings of the following should be retained for a minimum of two years (Penal Code § 832.18):
(a) Incident involving use of force by an employee
(b) Officer-involved shootings
(c) Incidents that lead to the detention or arrest of an individual (d) Recordings relevant to a formal or informal complaint against an officer or the Hayward Police Department
Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18).

All other recordings should be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 180 days.

Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18).

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425.17.1 RELEASE OF AUDIO/VIDEO RECORDINGS
Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy.
425.18 REVISIONS
Enacted: December 17, 2007
Revised: February 18, 2009
Revised: July 8, 2009
Revised: April 25, 2012
Revised: April 9, 2013
Revised: July 9, 2013
Revised: November 3, 2014
Revised: March 31, 2015
Revised: May 23, 2016
Revised: February 28, 2017
Revised:September 21, 2017
Revised:October 16, 2017
Revised March 30, 2018
Revised: June 7, 2020
Revised: October 23, 2020
Revised: February 9, 2021
Revised: June 21, 2021
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 22-018
DATE: June 28, 2022
TO: Mayor and City Council
FROM: Acting Assistant City Manager

SUBJECT
City of Hayward Homelessness Update: 1) Receive Results of 2022 Point-in-Time Count Results; 2) Receive an Update on City of Hayward Homelessness Efforts; 3) Adopt Resolutions for FY2023 Homelessness Related Professional Services Agreements

RECOMMENDATION
That the City Council:
- Receives the results of the 2022 Homeless Population Point in Time Counts for Alameda County and Hayward (Attachments II and III, respectively);
- Receives an update on the Let’s House Hayward! plan (Attachment IV); - Adopts a resolution (Attachment V) authorizing the City Manager to amend the agreement with First Presbyterian Church of Hayward to Increase the Winter Warming Shelter Contract by $405,868 for a total amount Not-to-Exceed $2,050,000;
- Receives an update on the Hayward Navigation Center and Hotel Annex programs (Attachment VI);
- Adopts a resolution (Attachment VII) authorizing the City Manager to negotiate and Execute an Agreement with Bay Area Community Services (BACS) for Hayward Navigation Center FY 2023 Operations in an Amount Not-to-Exceed $2,465,604; and
- Adopts a resolution (Attachment VIII) authorizing the City Manager to extend and amend the agreement with BACS to increase the Hayward Navigation Center Hotel Annex Contract by $338,365 for a total amount Not-to-Exceed $1,838,365.

SUMMARY
The data contained in the 2022 Point-in-Time Count (PIT) is an essential tool to understanding the scope, CITY OF HAYWARD Page 1 of 2 Printed on 7/1/2022
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trends, and causes of homelessness in our community and throughout the region. The data is the result of a coordinated regional effort that includes every jurisdiction in Alameda County. This report summarizes the findings of the 2022 Point-in-Time Count and Survey of homeless persons in Alameda County and Hayward that was conducted and led by EveryOne Home in January 2022 (Attachment II and Attachment III, respectively).

Council has long identified homelessness and housing affordability as key issues in the community and has supported local efforts to address these issues in conjunction with the larger regional efforts. In the past several years, the City has taken several aggressive local measures to address this growing humanitarian crisis. This report contains updates on these initiatives, including the year one report out on Let’s House Hayward! Homelessness reduction strategic plan, the two- and half-year progress report on the Hayward Housing Navigation Center and Hotel Annex, and the City’s ongoing partnership with Alameda County.

ATTACHMENTS
Attachment I Staff Report
Attachment II Alameda County PIT Data
Attachment III Hayward PIT Data 2022
Attachment IV LHH Plan Update
Attachment V Resolution to Amend Agreement with FPCH for FY22 Winter Warming Shelter Services
Attachment VI HNC and Annex Report
Attachment VII Resolution with BACS for FY23 Hayward Navigation Center Services Attachment VIII Resolution to Amend Agreement with BACS for FY22 Annex Services CITY OF HAYWARD Page 2 of 2 Printed on 7/1/2022
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DATE: June 28, 2022
TO: Mayor and City Council
FROM: Acting Assistant City Manager
SUBJECT: City of Hayward Homelessness Update: 1) Receive Results of 2022 Point-inTime Count Results; 2) Receive an Update on City of Hayward Homelessness Efforts; 3) Adopt Resolutions for FY2023 Homelessness Related Professional Services Agreements

RECOMMENDATION
That the City Council:
- Receives the results of the 2022 Homeless Population Point in Time Counts for Alameda County and Hayward (Attachments II and III, respectively); - Receives an update on the Let’s House Hayward! plan (Attachment IV); - Adopts a resolution (Attachment V) authorizing the City Manager to amend the agreement with First Presbyterian Church of Hayward to Increase the Winter Warming Shelter Contract by $405,868 for a total amount Not-to-Exceed $2,050,000; - Receives an update on the Hayward Navigation Center and Hotel Annex programs (Attachment VI);
- Adopts a resolution (Attachment VII) authorizing the City Manager to negotiate and Execute an Agreement with Bay Area Community Services (BACS) for Hayward Navigation Center FY 2023 Operations in an Amount Not-to-Exceed $2,465,604; and - Adopts a resolution (Attachment VIII) authorizing the City Manager to extend and amend the agreement with BACS to increase the Hayward Navigation Center Hotel Annex Contract by $338,365 for a total amount Not-to-Exceed $1,838,365.

SUMMARY
The data contained in the 2022 Point-in-Time Count (PIT) is an essential tool to understanding the scope, trends, and causes of homelessness in our community and throughout the region. The data is the result of a coordinated regional effort that includes

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every jurisdiction in Alameda County. This report summarizes the findings of the 2022 Pointin-Time Count and Survey of homeless persons in Alameda County and Hayward that was conducted and led by EveryOne Home in January 2022 (Attachment II and Attachment III, respectively).

BACKGROUND
Every two years, the US Department of Housing and Urban Development (HUD) requires communities to conduct a Point-in-Time (PIT) Count of individuals, youth, and families experiencing homelessness and provide accompanying data. The PIT count provides a “snapshot” of homelessness (both sheltered and unsheltered) in the community and nationally. Locally, the data helps to inform program, policy, funding, and system design decisions; measure progress in decreasing homelessness; increase public awareness; and advocate for additional resources in the effort to end homelessness nationwide.

On Wednesday, February 23rd, 2022, Alameda County held the 2022 Homeless Point in Time (PIT) Count, the first count since 2019. The 2021 PIT count was postponed due to the COVID19 pandemic.

Data is collected through four primary components:

1. General street count: an observation-based enumeration of unsheltered individuals between the hours of approximately 5:00 a.m. and 10:00 a.m.;

2. Youth count: a targeted enumeration of unsheltered youth under the age of 25 between the hours of approximately 2:30 p.m. and 7:30 p.m.;

3. Sheltered count: an enumeration of individuals residing in emergency shelter, safe haven, and transitional housing facilities on the night before the street count; and

4. Survey: an in-person survey of a randomized sample of unsheltered and sheltered individuals conducted by trained peer surveyors and program staff in the weeks following the general street count.

County-wide data was released on June 17, 2022 through a publicly available online dashboard: https://public.tableau.com/app/profile/asr1451/viz/TableauAlamedaCountyHDXandSurveyData/ExecSum?publish=yes.

DISCUSSION

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Homelessness is an extraordinarily difficult and persistent regional issue. The scope and intractability of the homelessness issue are such that no individual jurisdiction can hope to address - much less end it - alone with the limited resources at hand. A coordinated countywide effort to address homelessness is paramount. 2022 Point-in-Time Count and Survey – Key Findings
Key county-wide findings from the survey data include:
 Total count: 9,474 homeless persons were counted county-wide in 2022. This represents a 22% increase since the previous 2019 count, which recorded 8,308 homeless persons county-wide.
 Unsheltered homelessness: 73% of homeless persons are unsheltered – meaning that they dwell in tents, parks, vehicles, vacant buildings, underpasses, and other locations not intended nor fit for human habitation. This is a decrease from 79% in 2019.
 Prior residency: 82% of survey respondents were living in Alameda County when they most recently became homelessness. 68% of survey respondents have resided in Alameda County for 10 or more years.
 Race and ethnicity: Alameda County continues to see disproportionately higher rates of homelessness among Black/African American compared to the total population. o The majority (43%) of all survey respondents are Black/African American, followed by white (39%).
o Whereas 43% of all surveyed homeless individuals in Alameda County are Black or African American, compared to just 10% of their total County population, 39% of all survey homeless individuals in Alameda County are white, compared to 34% of their total County population.  Prevention: Among survey respondents, the top three primary causes of homelessness were 1) dispute/argument with family/friend/roommate; 2) eviction/foreclosure; and 3) job loss. When asked what may have prevented their homelessness, 49% of respondents cited rental assistance, 37% cited employment assistance, 27% cited mental health assistance, and 26% cited benefits/income.

The executive summary of the Alameda County 2022 PIT count and survey data are provided in Attachment II.

Key Hayward findings from the survey data include:
 Total Count: According to the 2022 PIT count, from 2019 and 2022, there was a 22% decrease in homelessness in Hayward, with 487 total homeless in 2019 to 381 total homeless in 2022.

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 Unsheltered homelessness: 70% of homeless persons are unsheltered – meaning that they dwell in tents, parks, vehicles, vacant buildings, underpasses, and other locations not intended nor fit for human habitation. This is decrease from 76% in 2019.
 Prior residency: 89% of Hayward survey respondents were living in Alameda County when they most recently became homelessness. 75% of Hayward survey respondents (n=86) have resided in Alameda County for 10 or more years. 64% of Hayward survey respondents (n=83) consider Hayward their home.
 Race and ethnicity: Hayward continues to see disproportionately higher rates of homelessness among Black/African American individuals compared to the total population.
o 29% of all surveyed homeless individuals in Hayward are Black or African American, compared to just 11% of their total County population. o A majority of all Hayward survey individuals are white (62%) followed by Black/African American (29%).
 Prevention: Among Hayward survey respondents, the top three primary causes of homelessness were 1) dispute/argument with family/friend/roommate; 2) job loss; and 3) eviction/foreclosure. When asked what may have prevented their homelessness, 52% of respondents cited rental assistance, 25% cited mental health assistance, 21% cited employment assistance, 21% cited benefits/income, and 21% cited family counseling.

The executive summary of the Hayward 2022 PIT count and survey data are provided in Attachment III.

Local Efforts to Address Homelessness
Council has long identified homelessness and housing affordability as key issues in the community and has supported local efforts to address these issues in conjunction with the larger regional efforts. Outlined below are updates on several of the City’s key homelessness prevention and response initiatives, including the Let’s House Hayward! Strategic Plan, the Hayward Housing Navigation Center and Hotel Annex, and the City’s ongoing partnership with Alameda County.

Let’s House Hayward! Update
In July 2021, Council approved the City’s Let’s House Hayward! Plan (LHH Plan), a local homelessness reduction strategic plan. 1 The plan uses a racial equity lens, aligns with existing regional plans, centers individuals with lived experience, leverages Hayward’s strengths and previous efforts, addresses Hayward’s unique needs, and establishes a pipeline of projects and

1 July 13th, 2021, City Council Meeting Agenda and Materials (LHH Plan):
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E-B317- E2797DF45328&Options=&Search=

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programs that are community-driven to set the City up to quickly respond to upcoming funding and partnership opportunities.The LHH Plan contains three over-arching goals:

1. Formalize a Coordinated and Compassionate Citywide Response to Homelessness and Develop Wider Community Understanding and Engagement

2. Increase Availability of and Reduce Barriers to Homeless Crisis Response Services

3. Ensure Access to and Retention of Affordable Permanent Housing At the same time as adopting the LHH Plan, Council also approved the City’s Federal Stimulus Expenditure Plan, which outlines how the City will spend approximately $38 million in American Rescue Plan Act (ARPA)funding. 2 As detailed in Attachment IV, several LHH activities were funded through the City’s ARPA allocation.

Attachment VI also provides a detailed update on the implementation status of each LHH activity. Key implementation highlights include:
 Enhanced interdepartmental collaboration efforts across City departments, including improved referral infrastructure allowing Maintenance Services, Hayward Fire, and Hayward Police Departments the ability to refer individuals to the HNC and Annex  Ongoing collaboration and partnership with the County, including participation in biweekly meetings, the Home Together planning committee, Alameda County Mayors Technical Working Group, and homeless outreach coordination meetings  Allocated funding to transition the winter warming shelter into a year-round facility with day-time hours
 Issued a RFI and selected two projects for submission for State Homekey grant funding  Began operation of Hayward Evaluation and Response Team (HEART) program, an innovative new program serving community members experiencing mental illness, substance abuse, and homelessness and linking them to mobile services while reducing the need for police intervention
 Concluded City-funded COVID-19 emergency rental assistance program, providing grants of up to $2,500 to 670 households
 Identified ARPA funding for a Shallow Rental Subsidy program to provide partial rent payments to households at risk of homelessness, reducing their household rent burden and increasing their available income
Of the 43 activities in the LHH plan, three are behind schedule for implementation due to staff capacity and funding limitations. Another three are ahead of schedule and one has been completed.

South Hayward Parish Winter Warming Shelter Update
Annually, the City allocates $25,000 in General Fund monies to First Presbyterian Church of Hayward for Winter Warming Shelter services. On July 13th, 2021, the City approved its federal stimulus expenditure plan and allocated $2 million in funding to expand winter warming shelter at South Hayward Parish into a year-round facility with day-time hours. As

2 July 13, 2021, City Council Meeting Agenda and Materials (Federal Expenditure Plan):
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028015&GUID=E0215022-6A47-486F-81C4- 9BFB2583AE10&Options=&Search=

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discussed above, expanding Winter Warming Shelter to a nightly shelter was identified as an activity within the LHH plan.

The expanded shelter opened in October 2021 and will be open on a nightly basis through winter of 2023. The shelter is open from 7pm until 7am and provides dinner and breakfast to guests. First Presbyterian receives funding from the County to provide flexible funding in the form of direct client support to assist clients in moving towards permanent housing. Since opening in October 2021, 229 individuals have received nightly shelter services.

The City received and appropriated its stimulus funding in two tranches. As such, the City executed an agreement with First Presbyterian Church of Hayward for $1,644,314 of the $2 million allocated stimulus funding to cover FY21-22 expenditures. There remains $355,686 in ARPA funding to extend the Winter Warming Shelter at South Hayward Parish.

Staff recommends that Council authorize the City Manager to amend the professional services Agreement with First Presbyterian Church of Hayward to increase the Winter Warming Shelter contract amount by $405,686 for a not-to-exceed amount of $2,050,000 through FY 2023 (Attachment V). A complete breakdown of the contract funding can be found in Table 1.

TABLE 1:FY21-23 WINTER WARMING SHELTER SERVICES CONTRACT FUNDING Original Agreement Amount
FY 2022 General Fund Allocation $25,000
FY 2022 ARPA Year 1 Allocation $1,619,314
Subtotal $1,644,314
Recommended Amendment
FY 2023 General Fund Allocation $25,000
FY 2023 ARPA Year 2 Allocation $380,686
Subtotal $405,686
Revised Total $2,050,000
Staff are working with South Hayward Parish and Alameda County to identify funding to continue the shelter as a nightly service once the City’s ARPA allocation is expended in full.

Hayward Navigation Center and Hayward Navigation Center Hotel Annex Update On January 22, 2019, the City Council approved emergency actions to implement a Hayward Housing Navigation Center.
3 The Hayward Navigation Center (HNC) opened less than a year later in November 2019. Four months after opening, in March 2020, Alameda County and the State of California issued mandatory stay-at-home orders and recommended social distancing in response to the COVID-19 pandemic. In accordance with County public health guidelines,

3 January 22nd, 2019 City Council Meeting Agenda and Materials, https://hayward.legistar.com/LegislationDetail.aspx?ID=3838800&GUID=89EC3945-8050-428A-881C6180A91CBA9A&Options=&Search=

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the Navigation Center capacity was dramatically reduced from 45 beds to 22 beds to accommodate social distancing requirements.

In response to capacity restrictions at the HNC and to provide isolation shelter to those with increased vulnerabilities, Council authorized opening a non-congregate Navigation Center out of a local hotel for a six-month pilot period.
4 Approved in December 2020, the Hayward
Navigation Center Hotel Annex (Annex) opened in February 2021. Using a portion of the City’s federal ARPA funding, the Annex was extended to operate through January 2023.

In addition to opening the Annex, in June 2021, the City purchased a third residential dormitory unit to safely increase the capacity at the HNC. As of April 2022, Alameda County has lifted its social distancing requirements in congregate settings. As such, the current capacity at the HNC is 15 beds per residential dormitory for a total capacity of 45 beds.

Pending current surges and trends in COVID-19 transmission, by July 1, 2022, the HNC will have a total capacity of 20 beds per residential dormitory for a total capacity of 60 beds.

Despite the many unknowns and challenges in the nascency of these programs, collectively the HNC and the Annex have served and exited a total of 306 individuals experiencing homelessness. Of these 306 exits, the majority (n=207 or 68%) have been exited to permanent housing. Additional demographic and exit data can be found in Attachment VI.

Hayward Navigation Center FY 2023 Agreement for Services BACS has been operating the Hayward Navigation Center since November 2019 and was selected through a competitive process.5 Staff recommends that Council authorize the City Manager to negotiate and execute an agreement with BACS for FY 2023 Hayward Navigation Center operations for an amount not-to-exceed $2.465 million (Attachment VII). As authorized by Council through the City’s annual FY 2023 budget, Council has allocated $1,127,260 in General Fund monies for the FY 2023 Hayward Navigation Center operations.

Staff have identified Hayward Navigation Center contract savings due to decompression at the Navigation Center and recommend allocating a portion of these contract savings to the FY2023 Hayward Navigation Center agreement.

Outlined below in Table 2 are the sources of funding for BACS’ FY 2023 agreement.

Table 2:FY22-23 HAYWARD NAVIGATION CENTER CONTRACT FUNDING Source Amount
FY2023 General Fund Allocation $1,127,260
Permanent Local Housing Allocation $1,303,470
Contract Savings (General Funds) $34,874

4 December 8th, 2020 City Council Meeting Agenda and Materials, https://hayward.legistar.com/LegislationDetail.aspx?ID=4711813&GUID=0A99378E-4B2D-4ED2-A971- 1C744D5D3E4D&Options=&Search=
5 July 13th, 2021 City Council Meeting Agenda and Materials, https://hayward.legistar.com/LegislationDetail.aspx?ID=5028017&GUID=2E0ED151-4A35-4637-A60D2C0205B396F7&Options=&Search=

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Total $2,465,604
Additionally, the City anticipates receiving Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) made available through the County of Alameda. Once HHAP-3 is made available to the City, staff will return to Council to authorize and appropriate the funds accordingly.

Hayward Navigation Center Hotel Annex FY 2023 Agreement for Services On July 13, 2021, Council authorized allocation of up to $3 million to extend the Annex program.
6 Using this funding, the City allocated $1,466,450 to Vagabond Inn DBA Paar Hospitality for hotel services from August 23, 2021 through January 31, 2023. Additionally, under this authorization, the City allocated $1,209,380 to BACS for FY 2022 Annex operations.

Under this authorization, there remains $324,170 in ARPA funding to extend the Hayward Navigation Center Hotel Annex program. Staff have identified Hayward Navigation Center contract savings due to decompression at the Navigation Center and recommends allocating a portion of these contract savings to the FY2023 Annex agreement.

Staff recommends that Council authorize the City Manager to amend the professional services agreement with BACS to increase the Annex operations contract by $628,975 for a not-toexceed amount of $1,838,365 and extend services through January 31, 2023 (Attachment VII).

A complete breakdown of the contract funding can be found in Table 3.

TABLE 3:FY21-23ANNEX CONTRACT FUNDING
Original Agreement Amount
ARPA $1,209,380
Subtotal $1,209,380
Recommended Amendment
Available and Allocated ARPA Funds $324,170
Contract Savings (General Funds) $304,815
Subtotal $628,985
Recommended Amendment
Revised Total $1,838,365

ECONOMIC IMPACT
There is a positive economic impact from reducing homelessness and poverty and moving individuals into permanent housing as part of the Hayward Navigation Center operations.

FISCAL IMPACT

6 July 13, 2021 Meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028015&GUID=E0215022-6A47-486F-81C4- 9BFB2583AE10&Options=&Search=

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This item has no associated fiscal impact. All funds associated with the referenced agreements have been previously appropriated.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect, and Produce Housing, under
 Project H1: Sustain the Navigation Center to House and Support People Experiencing Homelessness
 Project H2: Implement the Homelessness Reduction Strategic Plan

PUBLIC CONTACT
This item is related to the Let’s House Hayward (LHH) Strategic Plan, under Strategy 2.1, to Expand Housing-Focused Shelter Capacity through continued oversight and management of the Hayward Navigation Center. Through the LHH process, Homebase, City staff, and partners throughout the Hayward community have worked together to engage a diverse set of stakeholders to inform the plan and strategy for Hayward moving forward.7

NEXT STEPS
Prepared by: Jessica Lobedan, Management Analyst II
Amy Cole-Bloom, Management Analyst II
Approved by: Monica Davis, Community Services Manager
Dustin Claussen, Acting Assistant City Manager
Recommended by:
____________________________________
Kelly McAdoo, City Manager

7 For more information on the Let’s House Hayward! Strategic Plan process, please visit https://www.haywardca.gov/lets-house-hayward
Alameda County Executive Summary
2022 HOMELESS POINT-IN-TIME COUNT & SURVEY
In the early morning hours of February 23, over 500 staff of outreach and other nonprofit programs, individuals with current or recent experience of homelessness, city and county employees, and community volunteers participated in an effort to count people experiencing homelessness in Alameda County the night of February 22, 2022. The Homelessness Response System relies on this biennial count and survey of those experiencing homelessness to gain a better understanding about the prevalence of and the circumstances surrounding homelessness in Alameda County and its cities. This data is foundational to investing in housing and programs to the scale necessary to reduce homelessness and evaluating the impact of efforts to date. The voices of people experiencing homelessness gathered through this count and survey are used to inform enhancements and improvements to services and the pathways to housing and are an important look at the health, needs, history, and background of our residents experiencing homelessness in Alameda County.

The methodology for this Point In Time Count and Survey is multi-faceted, compliant with federal requirements, and consistent with the core methodology used in 2017 and 2019, with some areas of enhancement in population-specific outreach in 2022. Data on this dashboard is derived from multiple sources as noted in the Info button to the left of the Executive Summary tab. The complete report of the 2022 Homeless Point In Time Count and Survey will contain a more comprehensive discussion of Alameda County’s PIT Count and Survey methodology.

Executive Summary Survey Topics County HDX Charts City HDX Charts Print HDX 9,747
persons experiencing
homelessness in 2022
8,308
households experiencing
homelessness in 2022
Individuals Experiencing Homelessness in the County
Sheltered Unsheltered
2017 2019 2022
1,766
1,710
2,612
3,863
6,312
7,135
5,629
8,022
9,747
Attachment II Alameda County 2022 PIT Count Executive Summary 1 Attachment II Alameda County 2022 PIT Count Executive Summary 2 Attachment II Alameda County 2022 PIT Count Executive Summary 3 Hayward
2022 Point In Time Count
Unsheltered & Sheltered Report
Were observed as being
unsheltered in Hayward
267 Individuals
Unsheltered Population by Location
4% of unsheltered Individuals in Alameda County Live in Hayward Questions about the data in this report? Please contact [email protected] Page 1 of 2 Every 2 years, communities conduct comprehensive counts of people experiencing homelessness in order to measure the prevalence of homelessness in each local community. The 2022 Alameda County EveryOne Counts! Point-inTime Count was a community-wide effort conducted on February 23, 2022. The Count had not been conducted since 2019 due to COVID 19. Results presented below are for those individuals that were enrolled in sheltered services in Hayward on the night of 2/22/22, or observed as part of the Count on the morning of 2/23/22. 313 372
267
84 115
114
Unsheltered Sheltered
2017 2019 2022
0 250
500
Were observed as being
unsheltered in Alameda County.
7,135 Individuals
Count of Unsheltered/Sheltered
Individuals for Hayward
Unsheltered Homelessness Data Summary
3,863
6,312 7,135
1,766
1,710
2,612
Unsheltered Sheltered
2017 2019 2022
0 5,000
10,000
Count of Unsheltered/Sheltered
Individuals for Alameda County
5,629
8,022
487 9,747
397 381
Tent Car/Van RV Street/
Outside
Abandoned
Building
Hayward 2022 108 (40%) 36 (14%) 38 (14%) 83 (31%) 1 (1%) Hayward 2019 60 (16%) 72 (19%) 113 (30%) 124 (33%) 3 (1%) Alameda County 2022 2216 (31%) 2318 (32%) 1600 (22%) 958 (13%) 43 (1%) Alameda County 2019 2172 (34%) 1431 (23%) 1386 (22%) 1239 (20%) 84 (1%) Attachment III Hayward 2022 PIT Data
Hayward
Unsheltered & Sheltered Report
44% 37%
4%
10%
4% 3%
31%
10%
30%
10%

0.8% 2%
28%
40%
11%
49%
5%
1% 1%
32%
22%
Hayward Sheltered Homeless 2022 Hayward Population 2021 Alameda County Population 2021 Black/African
American
White Multiple Races American
Indian/Alaska
Native
Native
Hawaiian/Pacic
Islander
Asian Latinx/Hispanic
0 50
25 Were Enrolled in Sheltered
Services in Hayward
114 Individuals
Were Enrolled in Sheltered
Services in Alameda County.
2,612 Individuals
4% of sheltered individuals in Alameda County Live in Hayward % of Sheltered Individuals by Race/Ethnicity*

51.8 % 48.2 %

0.0 %

0.0 %
Male Female Transgender
No Single Gender
Gender Identity

21.9 %

3.5 %

74.6 %
<18 18-24 25+
Age
24% Mental Health Issue
8% Substance Use Issue
1% HIV/AIDS
Emergency Shelter
100%
Transitional Housing
0%
Safe Haven
0%
7% Veterans
40% Chronically Homeless
Type of Shelter Accessed:

Questions about the data in this report? Please contact [email protected] Page 2 of 2 11% Fleeing Domestic &
Dating Violence
Characteristics of
Sheltered Clients**
* Population data from 2021 Census Population Estimates. **Individuals can be in more than one category. Definition of chronic homelessness, according to HUD, is an individual that has a disabling condition and has had 4 episodes of homelessness in the last 3 years OR has been continuously homeless for 1 year or more.

Sheltered Homelessness Data Summary
Attachment III Hayward 2022 PIT Data
Attachment IV Let’s House Hayward! Plan Update

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Addendum 1 of the Let’s House Hayward! Strategic Plan provides a detailed implementation summary table, which captures estimated staff time and contract expenses as well as the targeted timeline for each activity in the plan. Table 1 provides an update on the implementation status of each activity. Information in the “Year 1 Phase” column is from Addendum 1. It is the planned status of each activity for Fiscal Year 2021-2022. Information in the “Status” column provides an update on the status of that activity implementation:
 On track – this activity is being implemented as planned for FY22  Not on track – this activity is behind its intended schedule for FY22  Ahead of schedule – this activity is further along in its intended implementation schedule for FY22  Completed – this activity finished implementation in FY22 Additionally, activities funded through the City’s American Rescue Plan Act (ARPA) allocation are identified in the table below with an asterisk (*).

Table 1. Let’s House Hayward! Strategic Plan Implementation Update Strategy Year 1 Phase Status
Strategy 1.1: Formalize Interdepartmental and Interjurisdictional Partnerships

1.1a Continue to leverage the City’s cross-departmental collaboration around encampment response.

Begin
implementation
On track

1.1b
Provide quarterly updates on Let’s House Hayward! Strategic Plan progress, including updates from City coordination groups and solicit ongoing feedback and collaboration with non-profit homeless service providers and people with lived experience, including peer to peer networking opportunities.

Begin
implementation
On track

1.1c
Utilize the Homelessness Response meeting to coordinate implementation and evaluation of the Strategic Plan across City departments, including advising on feasibility of projects.

Begin
implementation
On track

1.1d
Formalize partnership between the City Manager’s Office and Hayward Unified School District to strengthen resources for unhoused school-aged children and their families.

Not active On track

1.1e
Formalize partnership between the City Manager’s Office and local community colleges including California State University (CSU) East Bay and Chabot College to address youth homelessness.

Not active On track
Strategy 1.2: Develop Funding and Evaluation Strategy Reflecting Community Priorities Identified in this Strategic Plan

1.2a
Conduct further research on different revenue options, including state and federal funding and private philanthropy and apply for funding that aligns with Strategic Plan action steps.

Research/Planning On track
Attachment IV Let’s House Hayward! Plan Update

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Strategy Year 1 Phase Status

1.2b Align funding priorities with Strategic Plan priorities including federal entitlement funds, departmental budgets, and contracts with providers.

Research/Planning On track

1.2c Continue refining clear funding application, award, and oversight processes, including integrating racial equity and program evaluation metrics.

Research/Planning On track

1.2d Build infrastructure for data analysis to test efficacy of Strategic Plan projects. Implementation ongoing
On track

1.2e Ongoing evaluation and updating of goals to reflect changing community needs, including specific needs of subpopulations.

Not active On track

1.2f Ongoing reporting on milestones to community stakeholders. Begin implementation
On track

1.2g Ongoing Plan updates to reflect evaluation findings and changing community needs, funding availability.

Not active On track
Strategy 1.3: Educate and Engage the Community Regarding the Homeless System of Care

1.3a Develop a public education campaign to educate the Hayward community about ongoing homelessness efforts and how the homeless system of care operates.

Not active On track
Strategy 2.1: Expand Housing-Focused Shelter Capacity

2.1a Continue oversight and management of the Navigation Center.* Implementation
ongoing
On track

2.1b Continue oversight of Navigation Center Annex through current contract term.* Implementation
ongoing
On track

2.1c Expand Navigation Center Annex to provide up to 35 units of non-congregate shelter for medically vulnerable residents.*
Begin
implementation
On track

2.1d Continue current City-sponsored shelter programming. Implementation ongoing
On track

2.1e Expand existing winter shelter so it can operate all year round.* Begin
implementation
On track
Strategy 2.2: Develop Homeless Crisis Response Services to Protect Dignity and Health of Unsheltered Households

2.2a Develop funding for and explore feasibility of a sanctioned camp site with progressive engagement services and community education campaign.

Research/Planning Not on track

2.2b Develop funding for and facilitate the development of a safe parking site with progressive engagement services, including for those living in RVs.

Research/Planning On track
Strategy 2.3: Develop and Test Innovations to Improve Outreach and Engagement

2.3a Provide trauma-informed training for City staff and contracted service providers with contact with residents experiencing homelessness.

Begin
implementation
Not on track
Attachment IV Let’s House Hayward! Plan Update

Page 3 of 4 ends

Strategy Year 1 Phase Status

2.3b Provide racial equity training for City staff with contact with residents experiencing homelessness.

Begin
implementation
On track

2.3c Increase City and County partnership for Coordinated Entry, including organizing providers to make HMIS/CES recommendations to the Continuum of Care (CoC).

Research/Planning On track
Strategy 2.4: Increase Diversity and Availability of Holistic Supportive Services

2.4a Develop funding for and explore feasibility of a supporting resource center to expand drop-in/day use.*
Not active Ahead of
schedule

2.4b Continue General Fund and CDBG entitlement funding of non-profit agencies that provide homelessness prevention and supportive services.* Implementation
ongoing
On track

2.4c
Support implementation of identified policy innovations workshop solutions for mental health response to improve outreach options for individuals who are homeless and experiencing mental health crises.

Not active Ahead of
schedule

2.4d Collaborate with the City’s Economic Development Division to increase access to employment services and support a local workforce pipeline.

Not active On track

2.4e
Use results of 2022 PIT to identify and prioritize supportive services (reentry, mental health, transition aged youth, mobile medical team, domestic violence, substance abuse, etc.) needs for future City-funded programs.

Not active On track
Strategy 2.5: Support Providers and Staff Capacity to Deepen Impact of Services

2.5a
Explore opportunities to support contracted providers and City staff to deepen impact of services and support sustainability of providers by preventing burn-out and staff turnover.

Not active On track
Strategy 3.1: Continue to Invest in Eviction Prevention and Anti-Displacement Resources

3.1a Continue implementing Residential Rent Stabilization and Tenant Protection Ordinance.

Implementation
ongoing
On track

3.1b
Continue implementing expanded COVID-19-related rent mediation services and connecting low-income residents and small landlords to County Emergency Rental Assistance Program.

Implementation
ongoing
Completed

3.1c
Continue to provide resources for home repair to prevent displacement of verylow-income households, and mediation services, including expanding services as funding allows.

Implementation
ongoing
On track

3.1d Identify funds for and develop a shallow subsidy program/ongoing rental assistance for extremely low income and high rent burden households.* Begin
implementation
On track

3.1e Develop and implement a program to assist land trusts or non-profit orgs acquire tax defaulted properties.*
Research/Planning On track
Attachment IV Let’s House Hayward! Plan Update

Page 4 of 4 ends

Strategy Year 1 Phase Status

3.1f Provide flex funds, including one-time financial assistance for diversion and problem-solving program.

Not active On track

3.1g
Ensure that City’s prevention programs (rent relief, shallow subsidy, flex funds) are accessible in multiple languages and conduct outreach that meets people where they’re at to provide resources that prevent eviction and displacement.

Research/Planning On track
Strategy 3.2: Prioritize the Development of Housing Targeted to People Experiencing Homelessness

3.2a Continue streamlining development process for building affordable housing units, including those that are affordable by design, to reduce the need for a subsidy.

Implementation
ongoing
On track

3.2b
As part of the Housing Element development, identify zoning barriers to implementing innovative shelter and housing models, such as tiny homes, safe parking, safe camping, and multi-unit development in City planning codes and ordinances.

Begin
implementation
On track

3.2c
Continue leveraging partnerships between non-profit housing developers, County, and regional jurisdictions to support the creation of hotel conversion projects by community-based entities.

Research/Planning On track

3.2d
Continue to support affordable housing projects that utilize innovative affordable housing strategies (i.e. tiny homes, factory built housing, and other models) and encourage developers to incorporate individuals with lived experience in the process.

Implementation
ongoing
On track

3.2e
Leverage the City’s relationships with landlords and providers to support identification and reduction of barriers to participation in Rapid Rehousing programs.

Research/Planning Not on track

3.2f
Evaluate the Affordable Housing Ordinance’s effectiveness in providing affordable housing opportunities to prevent displacement of Hayward residents and create housing opportunities for individuals experiencing homelessness in connection with analysis related to the private sector's ability to produce such units.

Not active Ahead of
schedule

3.2g
Continue prioritizing inclusion of permanent supportive units for extremely lowincome households in the City’s Notice of Funding Availability and City-subsidized affordable housing development.

Implementation
ongoing
On track

ATTACHMENT V

Page 1 of 2 ends

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE

PROFESSIONAL SERVICES AGREEMENT WITH FIRST PRESBYTERIAN

CHURCH OF HAYWARD TO INCREASE THE WINTER WARMING SHELTER AT SOUTH HAYWARD PARISH CONTRACT AMOUNT BY $405,686 FOR AN AMOUNT NOT TO EXCEED $2,050,000
WHEREAS, the bill from the House of Representatives (H.R. 1319) was passed by the Senate of the United States on March 6, 2021 as the “American Rescue Plan Act of 2021” (ARPA); and
WHEREAS, ARPA provides $350 billion to help states, counties, cities, and tribal governments cover increased expenditures, replenish lost revenue and mitigate economic harm from the COVID-19 pandemic; and
WHEREAS, local Governments (City and County) shall receive $130 billion in entitlements under ARPA, with City Funding estimated at $65 billion in total entitlements; and
WHEREAS, the City of Hayward is estimated to receive an entitlement in the amount of $38,232,335, received in two equal tranches of payments over the next 12 months; and WHEREAS, the Council of the City of Hayward by Resolution No 21-100 has authorized and appropriated $18,900,000 of the Federal Stimulus allocation under the American Rescue Plan Act of 2021 for Year 1 projects and programs; and WHEREAS, the City Council of the City of Hayward by Resolution No. 21-139, has indicated its intention to allocate $2,000,000 of the City of Hayward’s American Rescue Plan Act of 2021 (ARPA) Federal Stimulus funding to First Presbyterian Church of Hayward for Winter Warming Center Expansion and Day-Resource Center at South Hayward Parish; and WHEREAS, the City Council of the City of Hayward annually allocates $25,000 of the City’s General Fund to First Presbyterian Church of Hayward for Winter Warming Center operations;
WHEREAS, the City Council of the City of Hayward by Resolution No. 21-145, dated July 13, 2021, authorized the City Manager to Negotiate and Execute an Agreement with CONTRACTOR for FY21-22 Winter Warming Center Expansion and Day-Resource Center at South Hayward Parish Services for an amount not-to-exceed $1,644,314;

ATTACHMENT V

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED THAT, that the City Council of the City of Hayward hereby authorizes the City Manager or her designate to amend the professional services Agreement with First Presbyterian Church of Hayward to increase the Winter Warming Shelter contract amount by $405,686 for a not-to-exceed amount of $2,050,000 for FY21-23 Winter Warming Shelter services.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Page 1 of 4 ends

Total Served
Since opening in November of 2019, 255 individuals have received services at the Navigation Center, including 44 residents on-site at the time of this staff reporting writing.

Since opening in February of 2021, 126 individuals have received services at the Annex, including 31 residents on-site at the time of this staff reporting writing.

Demographics
Across all HNC participants (current and exited), a majority are Black, African American, or African (n=147, 58%) followed by White (n=81, 32%). A majority of HNC participants identified as non-Hispanic/non-Latinx (n=199, 78%).

Across all Annex participants (current and exited), most are white (n=58, 46%) followed by Black, African American, or African (n=44, 35%). A majority of Annex participants identified as Annex participants identified as non-Hispanic/non-Latinx (n=89, 71%).

Racial and Ethnic Breakdown, HNC (n=255) and Annex (n=126) Across all HNC participants (current and exited), 50% are chronically homeless. Across all Annex participants (current and exited), 55% are chronically homeless and 42% are not chronically homeless (~3% of Annex participants declined to state).

Exits
Across all exits from the HNC (n=211), a majority were to permanent housing (n=138, 65%), followed by exits to homeless situations (n=33 or 16%). Homeless situations are defined as 1) an emergency shelter, including hotel or motel paid for with emergency shelter voucher, or Runaway and Homeless Youth-funded Host Home shelter; or 2) a place not meant for 78%
22%
71%
29%
Non-Hispanic/Non-Latinx Hispanic/Latinx
32%
58%
1% 2% 2%
6%
46%
35%
5% 4% 5% 5%
White Black, African
American, or
African
Asian or
Asian
American
American
Indian, Alaska
Native, or
Indigenous
Native
Hawaiian or
Pacific
Islander
Multiple
Races
Attachment VI HNC and Annex Report

Page 2 of 4 ends

habitation (e.g., a vehicle, an abandoned building, bus/train/subway station/airport or anywhere outside). Of the 33 exits from the HNC to homeless situations, only 15% (n=5) were to a place not meant for habitation.

Across all exits from the Annex (n=95), a majority were to permanent housing (n=69 or 73%) followed by exits to homeless situations (n=10 or 11%). Of the 10 exits from the Annex to homeless situations, only three (10%) were to a place not meant for habitation.

Staff discussed with BACS why there is a high proportion of “lateral” exits from the program.

BACS explained that sometimes residents will make later moves due to individuals applying for apartments or programs outside of the City of Hayward that require their last housing location within that same city. BACS may exit an individual from the program into another shelter that might be closer to their job, that may increase their probability of getting placement in a residential program in the city they applied for the program, or that may meet their family needs better.

Exits from the HNC to homeless situations are slightly higher than exits from the Annex to homeless situations at 16% and 11%, respectively. Exits from the HNC to permanent housing situations are lower than exits from the Annex to permanent housing situations, 65% and 73% respectively.

HNC and Annex Exits
Equity Analysis
Hayward, like the rest of Alameda County, continues to see disproportionately higher rates of homelessness among Black and African American residents compared to the total population.

According to the 2022 Point-in-Time count, 29% of all surveyed homeless individuals in Hayward are Black or African American, compared to just 10% of the total population.

Hayward also saw disproportionately higher rates of homelessness among Native Hawaiian/Other Pacific Islanders compared to the total population (10% and 2%, respectively).
16%
6% 4%
65%
11% 9% 5% 2%
73%
9%
Homeless Situations Institutional
Situations
Other Permanent Housing
Situations
Temporary Housing
Situations
HNC (n=211) Annex (n=95)
Attachment VI HNC and Annex Report

Page 3 of 4 ends

In recognizing this disproportionality, disaggregated exit data for Black/African American/African participants can be found below for each program. Disaggregated exit data for Native Hawaiian/Other Pacific Islander has not been included as the sample size is too small to report without being identifiable.

Across both the HNC and Annex, Black/African American/African participants had higher rates of exits to permanent housing than all other races together. Additionally, across both the 2% 5% 5%
80%
9%
31%
7% 3%
49%
10%
Homeless Situations Institutional Situations Other Permanent Housing Situations
Temporary Housing
Situations
HNC Exits among Black, African American, or African participants vs.

Exits Among All Other Races
HNC Black/African American/African Exits
HNC Exits Across All Other Races (Excluding Black/African American/African) 3% 5% 0%
82%
11% 16%
5% 4%
67%
9%
Homeless Situations Institutional Situations Other Permanent Housing Situations
Temporary Housing
Situations
Annex Exits among Black, African American, or African participants vs.

Exits Among All Other Races
Annex Black/African American/African Exits
Annex Exits Across All Other Races (Excluding Black/African American/African) Attachment VI HNC and Annex Report

Page 4 of 4 ends

HNC and Annex, Black/African American/African participants had lower rates of exits to homelessness than all other races together.

ATTACHMENT VII

Page 1 of 2 ends

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE

AN AGREEMENT WITH BAY AREA COMMUNITY SERVICES (BACS) FOR FISCAL YEAR 2022-2023 HAYWARD NAVIGATION CENTER OPERATIONS FOR AN AMOUNT NOT-TO-EXCEED $2,465,604
WHEREAS, the City of Hayward opened the Hayward Navigation Center on November 18, 2019;
WHEREAS, the City issued a Request for Information (RFI) from nonprofit social service providers interested in operating a Housing Navigation Center on January 23, 2019; and
WHEREAS, a panel of reviewers was convened, comprised of staff from Community Services, Police Department, Planning, and Finance; and WHEREAS, staff unanimously recommended BACS based on their relevant experience operating the similar Berkeley STAIR Center and providing a number of services to homeless individuals at locations in Hayward, the quality of their application, positive working relationship and flexibility in approach to service delivery, and their ability to quickly staff and operate the Navigation Center; and
WHEREAS, BACS has been operating the Hayward Navigation Center since November 2019; and
WHEREAS, since November 2019, BACS has successfully moved 138 individuals experiencing homelessness into permanent housing through the Hayward Navigation Center; and
WHEREAS, the Hayward City Council through Resolution 20-095, has approved the City of Hayward’s Five-Year Permanent Local Housing Allocation Plan and directed $3,910,410 to the Hayward Navigation Center operations over a five-year period; WHEREAS, the Hayward City Council through Resolution 22-146 , has approved the FY 2023 Operating Budget which includes $1,127,260 General Fund monies to the Hayward Navigation Center operations;
WHEREAS, staff have identified $339,689 in Hayward Navigation Center contract savings due to the required decompression at the Hayward Navigation Center; and

ATTACHMENT VII

Page 2 of 2 ends

WHEREAS, staff recommend allocating a portion of these contract savings to the FY2023 Hayward Navigation Center agreement for services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward authorizes the City Manager to negotiate and execute the FY21-22 agreement between the City and BACS for an amount not-to-exceed $2,465,604.

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 VIII

Page 1 of 2 ends

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL

SERVICES AGREEMENT WITH BAY AREA COMMUNITY SERVICES TO INCREASE THE HAYWARD NAVIGATION CENTER ANNEX CONTRACT AMOUNT BY $628,975 FOR AN AMOUNT NOT TO EXCEED $1,838,365 AND EXTEND SERVICES THROUGH JANUARY 31, 2023
WHEREAS, the bill from the House of Representatives (H.R. 1319) was passed by the Senate of the United States on March 6, 2021 as the “American Rescue Plan Act of 2021” (ARPA); and
WHEREAS, ARPA provides $350 billion to help states, counties, cities, and tribal governments cover increased expenditures, replenish lost revenue and mitigate economic harm from the COVID-19 pandemic; and
WHEREAS, local Governments (City and County) shall receive $130 billion in entitlements under ARPA, with City Funding estimated at $65 billion in total entitlements; and
WHEREAS, the City of Hayward is estimated to receive an entitlement in the amount of $38,232,335, received in two equal tranches of payments over the next 12 months; and WHEREAS, the Council of the City of Hayward by Resolution No 21-100 has authorized and appropriated $18,900,000 of the Federal Stimulus allocation under the American Rescue Plan Act of 2021 for Year 1 projects and programs; and WHEREAS, the City Council of the City of Hayward by Resolution No. 21-139, has indicated its intention to allocate $3,000,000 of the City of Hayward’s American Rescue Plan Act of 2021 (ARPA) Federal Stimulus funding to extend the Hayward Navigation Center Hotel Annex program; and
WHEREAS, under Resolution No. 21-139, the City allocated $1,466,450 to Vagabond Inn DBA Paar Hospitality for Annex hotel services August 23, 2021 through January 31, 2023 and $1,209,380 to BACS for FY22 Annex operations; and
WHEREAS, under Resolution No. 21-139, there remains $324,170 in ARPA funding to extend the Hayward Navigation Center Hotel Annex program; and WHEREAS, staff have identified $339,689 in Hayward Navigation Center contract savings due to the required decompression at the Hayward Navigation Center; and

ATTACHMENT VIII

Page 2 of 2 ends

WHEREAS, staff recommend allocating a portion of these contract savings to amend the FY2023 Annex agreement for services.

NOW, THEREFORE, BE IT RESOLVED THAT, that the City Council of the City of Hayward hereby authorizes the City Manager or her designate to amend the professional services Agreement with BACS to increase the Annex operations contract amount by $628,975 for a not-to-exceed amount of $1,838,365 and extend services through January 31, 2023.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SUBJECT
Housing Element: Work Session on the Housing Resources, Inventory and Housing Plan of the 2023-2031 Housing Element

RECOMMENDATION
That the City Council reviews two draft chapters of the 6th Cycle Housing Element related to Housing Resources and Sites Inventory and the Housing Plan, which contains goals, policies, and actions to support development of housing at all income levels and provide responses to the specific questions included in the Discussion section of the report.

SUMMARY
This is a work session on Hayward’s 6th Cycle Housing Element (2023-2031). Pursuant to State Law, all local jurisdictions in California must update their Housing Element, a required chapter of the City’s General Plan every five to eight years. The City of Hayward is on an eight-year cycle. The last Housing Element was adopted on December 2, 2014, and the updated Housing Element is due January 31, 2023.

The purpose of this work session is to provide the City Council with an overview of public outreach conducted to date and to share draft materials related to the City’s sites inventory to meet the Regional Housing Need Allocation (RHNA) and the Housing Plan, a set of policies and actions to ensure development of housing at a variety of income levels throughout the City during the next Housing Element cycle. Feedback from this Work Session will be summarized and addressed prior to submittal of the Draft Housing Element to the State Department of Housing and Community Development in August.

ATTACHMENTS
Attachment I Staff Report
Attachment II Housing Resources & Inventory
Attachment III Housing Plan
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Acting Assistant City Manager/Development Services Director SUBJECT: Housing Element: Work Session on the Housing Resources, Inventory and Housing Plan of the 2023-2031 Housing Element

SUMMARY
This is a work session on Hayward’s 6th Cycle Housing Element (2023-2031). Pursuant to State Law, all local jurisdictions in California must update their Housing Element, a required chapter of the City’s General Plan every five to eight years. The City of Hayward is on an eightyear cycle. The last Housing Element was adopted on December 2, 2014, and the updated Housing Element is due January 31, 2023.

BACKGROUND
On March 30, 2121, the City was awarded a Local Early Action Planning (LEAP) grant in the amount of $425,000 to complete updates to the Housing Element and Safety Element and to prepare a new Environmental Justice Element.

Page 2 of 9 ends

On July 20, 20211, the City Council adopted a Resolution authorizing the City Manager to execute an agreement with Rincon Consultants to prepare a comprehensive update to the Housing Element, the Climate Action Plan, Safety Element, and to prepare an Environmental Justice Element. These updates were combined because issues of housing, environmental justice, safety and hazard planning, and climate change are inextricably linked and conducting outreach and planning for all of these efforts simultaneously will result in a more comprehensive and holistic approach to these issues.

On May 24, 20222 and May 26, 20223, the City Council and Planning Commission, respectively, held work sessions on the Climate Action Plan and Environmental Justice Element Updates.

The Safety Element Update is currently being drafted and will come to the Planning Commission and City Council for review later this year.

On June 23, 20224, the Planning Commission held a Work Session on the draft Housing Resources, Inventory, and Housing Plan of the 2023-2031 Housing Element. At that meeting, the Commissioners asked clarifying questions such as how many properties on the sites inventory are publicly owned, how many units are at risk of conversion from affordable to market rate housing during the next cycle, whether the sites inventory identified tenure of housing units (i.e. ownership vs rental), and about the technical definition of “cost burdened.” One Commissioner voiced concerns about the loss of local control due to recent State Laws.

Other Commissioners were supportive of the Draft chapters. Commissioners: suggested that the City Council consider ground leasing publicly owned properties to developers rather than selling the land; voiced a desire to see mixed income and mixed tenure projects so that lowand moderate-income households could have the opportunity to purchase homes; and said that education and outreach related to resources and assistance should remain a major priority in the next cycle. One member of the public spoke and agreed that resources should be allocated to a mix of rental and ownership opportunities at all levels of affordability.

DISCUSSION
An update of the Housing Element is an opportunity to hold community conversations about how to address local housing challenges and find solutions. The Housing Element addresses a range of housing issues such as affordability, design, housing types, density, and location, and establishes goals, policies, and programs to address existing and projected housing needs.

State law does not require that jurisdictions build or finance new housing, but they must plan for it by identifying sufficient sites, analyzing housing development constraints, and identifying programs and policies that will address the community’s needs. In the Housing

1 July 20, 2021 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=5034289&GUID=A1DD2D35- 7B4A-42C8-9284-7DEB78AAD470&Options=&Search=
2 May 24, 2022 City Council Meeting. https://hayward.legistar.com/MeetingDetail.aspx?ID=959076&GUID=51DF4603-C08E45DE-9D67-A7D110A7E4C5&Options=info|&Search= 3 May 26, 2022 Planning Commission Meeting.
https://hayward.legistar.com/MeetingDetail.aspx?ID=965323&GUID=4648772E-CF9D-4B07-A71FD6DE1AC3C6F9&Options=info|&Search= 4 June 23, 2022 Planning Commission Meeting.
https://hayward.legistar.com/LegislationDetail.aspx?ID=5700918&GUID=32FA9808-163E-481B-8A1A35338F2B92E5&Options=&Search=

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Element, local governments make decisions about where safe, accessible, and diverse housing could be developed to offer a mix of housing opportunities for a variety of household incomes. To support this goal, the Housing Element must identify how the city will meet its share of the region’s housing need, called the Regional Housing Needs Allocation (RHNA).

Per State Law, the Housing Element must contain the following statutorily defined sections:
 Housing Needs Assessment: Examine demographic, employment and housing trends and conditions, and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities).
 Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.
 Housing Resources and Sites Inventory: Identify locations of available sites for housing development or redevelopment to ensure there is enough land zoned for housing to meet the future need at all income levels as provided in the RHNA.  Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.  Affirmatively Furthering Fair Housing: Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing in this Housing Element Cycle by taking “meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” as mandated by the 1968 Fair Housing Act.  Housing Plan: Establish policies and programs to be carried out during the 2023- 2031 planning period to fulfill the identified housing needs.  Community Engagement Plan: The Housing Element must include a robust community engagement program, reaching out to all economic segments of the community with an emphasis on traditionally underrepresented groups.

The Draft Housing Element will contain all of the sections listed above. The purpose of this work session is to provide the Council with information specifically related to Housing Resources and Sites Inventory and the Housing Plan. A summary of each of those chapters is provided below and the full text of the Draft chapters are attached to this report. Please note that the Attachments are draft and are subject to change before the draft Housing Element is released for public review.

Housing Resources and Sites Inventory
The Draft Housing Resources and Sites Inventory is included as Attachment II to this staff report and provides background on development patterns in the City and how the City plans to meet its RHNA for the 2023-2031 Housing Element Cycle. The chapter: provides a list of approved and pending projects in the pipeline which will be used to meet the RHNA; provides a methodology for how the projected housing units on each inventory site and within each

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Zoning District are calculated; provides samples of development in Hayward to provide evidence for the City’s assumptions and a description of constraints to development, infrastructure and services to serve the future development; and, details resources available for affordable housing development.

Regional Housing Needs Allocation. Every Housing Element cycle, HCD projects the housing need for the state as a whole, referred to as the RHNA. To determine this calculation, HCD uses demographic population information from the California Department of Finance and develops a formula to calculate a figure for each region based on projected growth.

In this cycle, the Bay Area was allocated 441,176 units (a 234% increase over the last cycle allocation) with about 26% allocated to Very Low Income, 15% to Low, 16% to Moderate and 43% to Above Moderate-income households. The Association of Bay Area Government’s (ABAG) Housing Methodology Committee released the final RHNA in March 2022 following hearings on appeals5. Hayward’s final allocation is 4,624 units, approximately 18% higher than the 2015-2023 allocation.

Table 1. RHNA Allocations
Very Low
Income
(<50% of
Area Median
Income)
Low Income
(50-80% of
Area Median
Income)
Moderate
Income (80-
120% of
Area Median
Income)
Above
Moderate
Income
(>120% of
Area Median
Income)
Total
2015-2023
Allocation
851 480 608 1,981 3,920
2023-2031
Allocation
1,075 617 817 2,115 4,624
According to the Draft Housing Resources chapter, there are 1,895 approved or pending units in developments (Attachment II, Table 4-3 and Figure 4-1). The City also assumes that 96 Accessory Dwelling Units (ADUs) will be built every year of the Housing Element Cycle (for a total of 320 units at varying income levels), which leaves the City with a total 2,409 units to plan for in the Housing Element.

New residential development is expected to occur primarily in the Downtown Specific Plan, Mission Boulevard Code area and on Caltrans Route 238 parcels, which are zoned to allow for higher density development. These sites are close to high frequency transit, commercial services and community amenities that align with the City and State’s goals to support higher density, infill development, and to reduce single occupancy automobile use. Further, development trends in the City signal that most development in the last Housing Element

5 ABAG’s Final Regional Housing Needs Allocation & Methodology Report. https://abag.ca.gov/sites/default/files/documents/2022-04/Final_RHNA_Methodology_Report_2023- 2031_March2022_Update.pdf

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cycle occurred on these types of sites, which supports the City’s assumptions of future development on these sites. A detailed, parcel-specific Sites Inventory shows that the identified sites have a potential development capacity of 3,642 units. Further, the City’s analysis (summarized in Attachment II, Table 4-9, Adequacy of Residential Sites Inventory) shows that there is a 52% buffer for development of lower and moderate income units in the event that development does not occur based on the City’s assumptions.

Table 2. Adequacy of Residential Sites Inventory
Lower
Income
Moderate
Income
Above
Moderate
Income Total
RHNA Allocation 1,692 817 2,117 4,624
Planned and Approved
Units 550 82 1,263 1,895
ADUs Anticipated 192 96 32 320
Remaining RHNA 950 639 820 2,409
Downtown Specific Plan
Area 650 561 395 1,606
Mission Boulevard
Corridor 741 302 483 1,526
Former Route 238
Corridor 41 180 289 510
Total Units on Vacant
Sites 255 364 540 1,159
Total Units on
Underutilized Sites 1,077 679 627 2,483
Total Units on Vacant
and Underutilized
Sites
1,432 996 1,214 3,642
Total Unit Surplus 482 357 394 1,233
It is important to note that while the City’s assumptions primarily rest on higher density development in specific areas, there will likely be additional incremental, infill development in lower density neighborhoods throughout the City during the next Housing Element cycle. This is illustrated by the recent implementation of Senate Bill 9, which allows for any single-family parcel to be split into two lots and developed with a duplex on each lot, subject to minimum setback and other standards, which went into effect on January 1, 2022. Since its implementation, Planning staff developed SB9 Frequently Asked Questions guidance and a Checklist application6. Staff has received many inquiries about this type of development;

6 Hayward Senate Bill 9 webpage: https://www.hayward-ca.gov/your-government/departments/planning-division/senatebill-9

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however, there isn’t enough evidence in the record to assume a specific unit count or locations of development that will occur as a result of this State Law. However, it is safe to assume that the City will see increased development over the coming years similar to increased ADU development as the State relaxed laws related to that type of development. The combination of new ADU and SB9 related development along with the City’s pending Objective Standards long range planning project will allow for site specific intensification of development in line with adopted General Plan densities and will result in additional development in the City that cannot be predicted at this time.

Housing Plan
The Draft Housing Plan is included as Attachment III to this staff report. It contains the following Goals:
- Preserve, Conserve and Improve Existing Housing Stock - Assist in the Development of Affordable Housing
- Provide Adequate Sites
- Remove Constraints on Development
- Provide Housing for Persons with Special Needs and
- Provide Equal Housing Opportunities for All Persons
Each of the Goals is followed by a set of Policies, Actions, Objectives, Timeframes, and importantly sets forth the Responsible Agency and Funding Sources for achieving the Actions.

Some Programs and related Actions are specific and measurable such as providing grants for home repair (Program H-1); conducting a certain number of rental inspections per year (H-2); adopting an updated Density Bonus Ordinance (Program H-5), providing housing subsidies to specific populations; and holding a certain number of workshops for tenants and landlords every year (Programs H-7, H-20, H-21, H-22); and adopting a Universal Design Ordinance (Program H-19). Some Programs and Actions are intended to monitor, measure and pivot, if needed, during the Housing Element cycle meet the subject Goal. These include issuing Notices of Funding Availability which can only occur if funding is available (Programs H-3, H4, H-7, H-19 and H-21); monitoring development of ADUs and SB9 developments and implementing changes in procedures or Municipal Code to incentivize development of this type of housing in high resource, low density areas throughout the City (Program H-17 and H18); and providing expedited project review for affordable housing, which can take on many forms (Program H-16). Many of these Policies and Actions are prescribed by HCD while some are modified to meet Hayward’s specific characteristics, policies, practices and community desires and needs.

Questions for City Council
Staff is seeking feedback related to the documents under review tonight. Specifically:

1. Do you have any questions how the sites inventory was derived or about any individual site included in the inventory?

2. Do you have any questions about the proposed Policies and Actions included in the Housing Plan?

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3. Are there Actions that you would like to see expanded or added to the Housing Plan? The Housing Resources and Inventory Chapter and Housing Plan are still in draft form and are subject to change based on Commission, Council, and public comments as described in Next Steps below.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priorities to Preserve, Protect and Produce Housing and implementation of the following project:
 Preserve, Protect and Produce Housing – Project 9, Update the Housing Element Plan

FISCAL IMPACT
This is a Work Session on a long-range planning effort. The Housing Plan (Attachment III) will require City expenditures to accomplish the Actions detailed in the Plan over the eight-year Housing Element cycle. Each of the Actions in the Housing Plan include a description, objective, timeframe, responsible agency, and funding source. Funding sources include:

Departmental Budget/General Funds; Housing In Lieu Fees; county, state and federal housing funds; grants; Community Development Block Grant funds; Administrative and Application fees; and American Rescue Plan Act (ARPA) funds.

Most Actions are anticipated in the work plans of the Housing Division, Community Services Division, Planning Division, Code Enforcement Division, and other Divisions and are anticipated in adopted plans such as the Let’s House Hayward Strategic Plan, Incentives to Housing Production Work Plan, Strategic Roadmap, and Federal Stimulus Expenditure Plan to Address Economic Impacts of the Public Health Emergency. Some Actions will require application for grant funds, partnership with developers or other entities and may require additional budget allocation, which will be evaluated and included in the annual citywide budgeting process depending on the timeframe for completion of the Action. Staff will return to Council with future budget requests when known.

PUBLIC CONTACT
Between August 2021 and May 2022, the Hayward Housing and Climate Team comprised of staff from the Planning Division, Environmental Services Division, and the Housing Division conducted extensive outreach related to the Housing Element, Climate Action Plan, and Environmental Justice Element including but not limited to:
- Development of a project website with project information, interactive components, readings and videos about housing, Hayward history, climate change, and environmental justice.
- Compilation of extensive contact lists for community and advocacy groups, faith-based and school organizations, Homeowners Associations, Neighborhood Groups, Mobile

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Home Parks, attendees at various events, and interested parties who wrote in and requested to be notified about project updates.
- Creation of a graphic, bilingual (English and Spanish) mobile gallery that was posted at City Hall, the Hayward Library and at various meeting sites and community events throughout Hayward
- Social media campaign
- Bilingual flyers in water bills and excise tax bills to all households in Hayward - Handing out flyers at grocery stores, farmers market, laundromats, and BART - Attendance at numerous community events, meetings, and focus groups with community stakeholders such as the NAACP, Hayward Promise Neighborhood, Chabot College, Community Resources for Independent Living, Hayward Community Family Fair, and Juneteenth Celebration
- Development of housing and climate surveys in English, Spanish and Chinese and prizes for participation
- Creation of a Housing Sites Simulation activity
- Three community workshops on Environmental Justice and the Climate Action Plan - Partnership with Chabot Community College and California State University East Bay to conduct interviews with over 400 Hayward residents about housing, discrimination, segregation, neighborhood pollution and other topics designed to understand people’s lived experiences. Development of a GIS site to showcase the Chabot interviews.

The Introduction chapter of the Draft Housing Element will contain detailed descriptions of each of these bullets and appendices of interviews, survey results, and public comments received to date. It is essential to note that outreach is ongoing and will continue throughout the project.

NEXT STEPS
The Draft Housing Element will be released for a 30-day public review the week of July 11, 2022. The City plans to hold a community meeting tentatively scheduled for July 20, 2022 during the 30 day public review.

Following the public review, the City will review, address, and incorporate any comments into the Draft Housing Element, which will then be sent to the State Department of Housing and Community Development for a mandatory 90-day review. During that time, the City will complete environmental analysis for the Housing Element and related General Plan Amendments.

Following the 90-day HCD review, staff will update the Housing Element to address HCD’s comments and bring the Housing Element back to the Planning Commission and City Council for public hearings prior to adoption which is slated to occur prior to January 31, 2023.

Prepared by: Leigha Schmidt, Principal Planner
Recommended by: Dustin Claussen, Acting Assistant City Manager/Development Services Director

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Approved by:
_________________________________
Kelly McAdoo, City Manager
Appendix C – Housing Resources
City of Hayward Housing Element (2023-2031)
prepared by
City of Hayward
Planning Division, Department of Development Services
777 B Street
Hayward, California 94541
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street
Oakland, California 94612
July 2022

ATTACHMENT II
Table of Contents
Draft Housing Element C-i
Table of Contents
Housing Resources...................................................................................................................... C-1

1.1 Future Housing Needs..................................................................................................... C-1

1.1.1 Regional Housing Needs Assessment Requirement....................................... C-1

1.1.2 Units Planned or Approved............................................................................. C-2

1.1.3 Accessory Dwelling Units................................................................................ C-7

1.1.4 Remaining Share of RHNA .............................................................................. C-7

1.2 Residential Sites Inventory.............................................................................................. C-7

1.2.1 Methodology .................................................................................................. C-8

1.2.2 Hayward Downtown Specific Plan................................................................ C-10

1.2.3 Mission Boulevard Corridor.......................................................................... C-13

1.2.4 Former Route 238 Corridor .......................................................................... C-17

1.3 Adequacy of Residential Sites Inventory in Meeting RHNA.......................................... C-21

1.3.1 Recycling Trends........................................................................................... C-21

1.4 Availability of Infrastructure and Services.................................................................... C-27

1.4.1 Wastewater System...................................................................................... C-27

1.4.2 Potable Water System.................................................................................. C-27

1.4.3 Storm Water and Drainage........................................................................... C-27

1.4.4 Circulation System........................................................................................ C-28

1.4.5 Dry Utilities................................................................................................... C-28

1.5 Environmental Constraints ........................................................................................... C-28

1.6 Financial Resources for Affordable Housing ................................................................. C-29

1.6.1 Community Development Block Grant (CDBG) ............................................ C-29

1.6.2 Home Investment Partnership Program (HOME)......................................... C-29

1.6.3 Senate Bill 2 Planning Grant ......................................................................... C-30

1.6.4 Local Early Action Planning Grant................................................................. C-30

1.6.5 Local Funding Sources .................................................................................. C-31

1.7 Administrative Resources ............................................................................................. C-31

1.7.1 City of Hayward Planning Division................................................................ C-31

1.7.2 County of Alameda ....................................................................................... C-31

1.7.3 Affordable Housing Providers....................................................................... C-32 Tables
Table C-1 Hayward Housing Needs for 2023-2031 ......................................................................... C-1 Table C-2 Affordability Mechanisms for Pipeline Projects.............................................................. C-2 Table C-3 Planned, Approved, and Pending Projects (2021) .......................................................... C-4 Table C-4 Remaining Share of RHNA............................................................................................... C-7 Table C-5 Residential Development Potential in the Downtown Specific Plan Area.................... C-11 Table C-6 Mission Boulevard Corridor Code Allowed Densities................................................... C-15 Table C-7 Residential Development Potential in the Mission Boulevard Corridor Code Area ..... C-15 Table C-8 Residential Development Potential along the Former Route 238 Corridor ................. C-19 City of Hayward
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Table C-9 Adequacy of Residential Sites Inventory ...................................................................... C-21 Table C-10 Affordable Housing Providers in Hayward.................................................................... C-32 Figures
Figure C-1 Planned or Approved Projects........................................................................................ C-6 Figure C-2 Vacant and Underutilized Sites within the Downtown Specific Plan Area ................... C-12 Figure C-3 Vacant and Underutilized Sites within the Mission Boulevard Corridor Code Area..... C-16 Figure C-4 Underutilized Sites within the former Route 238 Corridor .......................................... C-20 Housing Resources
Draft Housing Element C-1
Housing Resources
This chapter documents the methodology and results of the housing sites inventory analysis conducted to demonstrate the City of Hayward’s ability to satisfy its share of the region’s future housing need. Infrastructure, services, and financial and administrative resources that are available for the development, rehabilitation, and preservation of housing in the City of Hayward are also discussed in this chapter.

1.1 Future Housing Needs
State law requires each community to play a role in meeting the region’s housing needs. A jurisdiction must demonstrate in its Housing Element that its land inventory is adequate to accommodate its share of the region’s projected growth. This section assesses the adequacy of Hayward’s land inventory in meeting future housing needs.

1.1.1 Regional Housing Needs Assessment Requirement
This update of the City’s Housing Element covers the planning period of January 2023 through January 2031 (called the 6th Cycle Housing Element update). Hayward’s share of the regional housing need is allocated by the Association of Bay Area Governments (ABAG) and based on recent growth trends, income distribution, and capacity for future growth. Hayward must identify adequate land with appropriate zoning and development standards to accommodate its assigned share of the region’s housing needs.

Hayward’s share of regional future housing needs is 4,624 total units. The number of units is distributed among five income categories, as shown below in Table C-1.

Table C-1 Hayward Housing Needs for 2023-2031
Income Category (% of Alameda
County Area Median Income [AMI]) Number of Units Percent of Total Units Extremely Low (< 30% of AMI)* 547 12.4%
Very Low (30 to 50% of AMI) 528 12.7%
Low (51 to 80% of AMI) 617 15.6%
Moderate (81% to 120% of AMI) 817 16.1%
Above Moderate (> 120% of AMI) 2,115 43.0%
Total 4,624 100%
Source: Final Regional Housing Needs Allocation, ABAG, 2022 *The RHNA does not project the need for extremely low-income units, but pursuant to State law (AB 2634), the City must project its extremely low-income housing needs based on Census income distribution or assume 50 percent of the very low-income units required by the RHNA as extremely low-income units. The City’s very low-income requirement is 1,075 units. The number of extremely low-income units that the City must plan for shown here was projected using Census data. According to the Comprehensive Housing Affordability Strategy (CHAS), data developed by HUD, 25.8 percent of households in the city earned less than 50 percent of the AMI. Among these households, 50.9 percent earned incomes below 30 percent (extremely low). Therefore, the City’s RHNA allocation of 1,075 very lowincome units was distributed as 547 extremely low (50.9 percent of the 1,075 very low-income units required by the RHNA) and 528 very low-income units. However, for purposes of identifying adequate sites for the RHNA allocation, State law does not mandate the separate accounting for the extremely low-income category.

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1.1.2 Units Planned or Approved
Residential developments approved and permitted, but not yet built (“pipeline projects”) can be credited towards the City’s RHNA for the 6th cycle Housing Element provided it can be demonstrated that the units can be built by the end of the 6th cycle’s planning period. Similarly, units within completed projects which have received a certificate of occupancy as of June 30, 2022 can also be credited towards the RHNA. Affordability (the income category in which the units are counted) is based on the actual or projected sale prices, rent levels, or other mechanisms establishing affordability of the units within the project. Single-family homes are usually sold at market-rate prices, with no affordability covenants attached to the land. Multifamily or single-family developments that use density bonuses, public subsidies, or other mechanisms that restrict rents or sales prices would be restricted to specified below-market rate prices affordable to households in the various income categories described above. Local, state, or federal rules would establish rules for which income categories must be served by each development.

Of projects currently in the pipeline, 10 consist solely of market-rate units affordable to abovemoderate households, while 18 projects have an affordability component. These projects are generally clustered along the Mission Boulevard corridor as well as within Hayward’s Downtown. All projects with affordability components have restricted rents or sales price resulting from city intervention including development subsidy, negotiated land disposition agreement, or in the City’s Affordable Housing Ordinance (AHO). In some cases, the project also has been approved for a density bonus as shown by the listed projects that exceed maximum density or exceed the minimum requirements of the City’s Affordable Housing Ordinance. Rents are restricted by a regulatory agreement while resale prices are restricted by a Borrower’s Occupancy and Resale Restriction Agreement. Table C-2 shows the mechanisms utilized to enable the affordable housing project.

Projects that are currently in the pipeline collectively achieve an average density of approximately 88 percent of the zoning district’s maximum allowable density. Table C-3 identifies the approved or pending projects that are credited towards meeting the City’s RHNA. The locations of these projects are symbolized with the corresponding Map ID numbers on Figure C-1.

Table C-2 Affordability Mechanisms for Pipeline Projects Project Name Affordability Mechanism
Oak Street Affordable Housing Ordinance
Parcel Group 8 SB35, Density Bonus, Publicly Owned Land Regulatory Agreement resulting from (Federal, state, local) government development subsidy.
21659 Mission Boulevard Affordable Housing Ordinance
Maple and Main Affordable Housing Ordinance
420 Smalley Avenue Affordable Housing Ordinance
Pimentel Place Affordable Housing Developer
Regulatory Agreement resulting from (Federal, state, local) government development subsidy.

Pine Vista Condos Density Bonus
O’Neil Ave Apartments Density Bonus
La Playa Subdivision Affordable Housing Ordinance, Concessions for requesting General Plan Amendment
Berry Avenue Multifamily Affordable Housing Ordinance
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Draft Housing Element C-3
Project Name Affordability Mechanism
Parcel Group 5 Affordable Housing Ordinance, Surplus Land Act, Publicly Owned Land 27177-27283 Mission Blvd Affordable Housing Ordinance, Density Bonus Mission Paradise Affordable Housing Developer
Regulatory Agreement resulting from (Federal, state, local) government development subsidy.

Parcel Group 3 – La Vista Residential Density Bonus, Publicly Owned Land, Low Income Housing Tax Credit, Taxexempt Bonds, CalHFA MIP Huntwood Affordable Housing Ordinance
Mission Terraces SB35, Density Bonus
SoMi (True Life) Affordable Housing Ordinance
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Table C-3 Planned, Approved, and Pending Projects (2021) Map ID Project Name ELI* Units VLI* Units LI* Units MI* Units AMI*
Units
Total
Units
Max Units
Allowed
% of Max
Units
Allowed
Entitleme
nt Status
1 Oak Street - - - 4 36 40 56 71% Approved
2 Parcel Group 8 - 24 51 20 1 96 54 178% Approved
3 21659 Mission Boulevard - 1 - 3 41 45 63 72% Approved 4 420 Smalley Avenue - - - 1 7 8 8 100% Approved
5 Maple and Main - 48 - - 192 235 343 68% Under
Review
6 1200 A Street - - - - 155 155 149 104% Approved
7 4th and B - - - - 41 41 78 53% Approved
8 Pimentel Place 15 20 11 10 1 57 57 100% Approved
9 Pine Vista Condos - - - 7 33 40 32 125% Approved
10 Carlos Bee - - - 6 9 15 14 107% Approved
11 O’Neil Ave Apartments - 1 - - 8 9 13 71% Approved
12 Berry Avenue Multifamily - 1 - 1 16 18 29 63% Approved 13 Parcel Group 5 - 18 - - 74 92 122 75% Approved
14 Cavallo Highlands - - - - 20 20 38 52% Approved
15 27177-27283 Mission Blvd - - - 6 49 55 86 64% Approved 16 Mission Paradise 15 20 40 - - 76 104 73% Approved
17 28049 Mission Boulevard - - - - 25 25 37 68% Approved 18 Parcel Group 3 - La Vista Residential - 36 138 - 2 176 194 91% Approved 19 Mission Terraces - 76 33 - 1 110 91 121% Approved
20 SoMi (True Life) - - - 20 169 189 174 109% Approved
21 Mission Seniors - - - - 203 203 228 89% Approved
22 Mission Villages - - - - 72 72 188 38% Approved
23 Huntwood - - - 1 13 14 21 65% Approved
24 Vagabond - - - - 8 8 8 100% Approved
Housing Resources
Draft Housing Element C-5
Map ID Project Name ELI* Units VLI* Units LI* Units MI* Units AMI*
Units
Total
Units
Max Units
Allowed
% of Max
Units
Allowed
Entitleme
nt Status
25 Harvey Avenue - - - - 17 17 14 121% Approved
26 Arf Avenue Subdivision - - - - 9 9 12 81% Approved
27 Hesperian Subdivision - - - - 19 19 16 122% Approved 28 La Playa Commons - - 2 3 42 47 47 100% Approved
Total Units 30 245 275 82 1,263 1,895 Average %
of Max
Density
88%
Notes: ELI = Extremely-Low Income; VLI = Very-Low Income: LI = Low Income; MI = Moderate Income; AMI = Above-Moderate Income City of Hayward
2023-2031 Housing Element Update
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Figure C-1 Planned or Approved Projects
Housing Resources
Draft Housing Element C-7

1.1.3 Accessory Dwelling Units
Accessory dwelling units (ADUs) anticipated to be built between 2023 and 2031 are also credited towards the City’s RHNA. An ADU is a secondary dwelling unit located on residentially zoned property that has an existing single-family or multi-family residence. Due to its small square footage, it could provide affordable housing options for family members, friends, students, the elderly, inhome health care providers, the disabled, and others.

Trends in Hayward indicate that the number of ADU permit applications have been increasing in recent years. The City of Hayward Building Division permitted and finaled 21 ADUs in 2018, 20 ADU units in 2019, 79 ADUs in 2020 and 44 in 2021. This overall increase in ADU permits is likely due to recent State legislation that has reduced regulatory barriers to build and permit ADUs.

Conservatively assuming that annual permits will average 40 units per year, the City has assumed a total of 320 ADUs will be permitted between 2023 and 2031.

Based on rental trends in Hayward and other Bay Area cities, it is assumed that 90 percent would be affordable for moderate-income households and below, and 10 percent would be affordable for above moderate-income households.

1.1.4 Remaining Share of RHNA
After counting anticipated units from pipeline projects and ADUs, the City must demonstrate its ability to meet its remaining housing needs through the identification of sites suitable for housing development. Table C-4 shows the remaining RHNA after accounting for units that are pending or approved as of June 30, 2022, and the number of ADUs assumed to be permitted between 2023 and 2031.

Table C-4 Remaining Share of RHNA
Affordability Category
RHNA
Allocation
Units Pending or Approved
or under Construction Estimated ADUs Remaining RHNA
Very-Low 1,075 275 96 704
Low 617 275 96 246
Moderate 817 82 96 639
Above Moderate 2,115 1,263 32 820
Total 4,624 1,895 320 2,409
After accounting for planned and approved units and projected ADU development the City has satisfied approximately 47 percent of its total allocation for the 2023-2031 planning period. The City must demonstrate the availability of sites with appropriate zoning and development standards that allow and encourage the development of an additional 2,409 units. This total includes 704 very lowincome, 246 low-income, 639 moderate-income, and 820 above moderate-income units.

1.2 Residential Sites Inventory
New residential development in the City of Hayward is expected to occur primarily in the areas covered by the following plans:
 Downtown Specific Plan
 Mission Boulevard Specific Plan (Mixed Use Corridor PDA) City of Hayward
2023-2031 Housing Element Update
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 Former Route 238 Corridor
The Sites Inventory identifies vacant and underutilized sites within these plan areas that have the capacity to accommodate the City’s remaining RHNA. A detailed, parcel-specific Sites Inventory is provided in Appendix B. The sites identified in this inventory have a potential development capacity of 3,642 new housing units.

1.2.1 Methodology
Suitable Sites for Affordable Housing
State law requires that jurisdictions demonstrate in the Housing Element that the land inventory is adequate to accommodate that jurisdiction’s share of the regional growth. State law has established “default” density standards for the purpose of estimating potential units by income range:
 A density standard of 0 to 14 units per acre (primarily for single-family homes) is assumed to facilitate the development of housing in the above moderate-income category.  A density standard of 15 to 29 units per acre (primarily for medium density multi-family developments) would facilitate the development of housing in the moderate-income category.  A density standard of 30 or more units per acre (primarily for higher density multi-family developments) would facilitate the development of housing in the low- and very low-income category.

In addition to default density standards, the California Legislature established size requirements for parcels intended to support the development of lower income units. Government Code Section 65583.2 establishes that sites between 0.5 and 10 acres in size which are zoned for residential development at greater than 30 units per acre are suitable for lower-income projects. Very small parcels, even when zoned for high densities, may not facilitate the scale of development required to access competitive funding resources. Conversely, typically lower-resource affordable housing developers may be unable to finance the scale of project necessitated by very large parcels.

Suitability of Nonvacant Sites
As part of the Alameda County Housing Collaborative discussion series, developers in Alameda County indicated that nonvacant sites currently occupied by a single-tenant retail or office use are ideal for redevelopment1
. These sites usually have existing utility connections on site, and single ownership and tenancy reduces the potential complexity of a change in ownership or use. This developer feedback was considered during the site selection process.

To identify potential sites for additional development, geospatial data was used to identify vacant and nonvacant but underutilized properties within the city. Nonvacant parcels were chosen as sites likely to be redeveloped during the planning period based on the following factors:
 Improvement-to-land value ratio: A parcel’s improvement-to-land value ratio can help quickly identify properties that are potentially underutilized. A ratio of less than 1.0 indicates that the real estate market values the land itself more highly than what is currently built on that land.

These underutilized parcels represent opportunities for property owners and developers to invest in further improvements that increase the overall value of the property. It should be noted that the improvement-to-land value ratio of a property does not necessarily consider 1 The Alameda County Collaborative held a panel with active, local developers on November 29, 2021.

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Draft Housing Element C-9
development standards or environmental constraints that may impact the feasibility of redevelopment on the site.
 Existing use vs. zoned use: A comparison of a site’s current use to the use for which it is zoned can also help identify underutilized properties. For example, a parcel currently occupied by a parking lot or single-family home which is zoned for high-density housing or high intensity commercial development represents an opportunity for the property owner to convert the property to a higher value use.
 Age of structure: The age of a structure is most useful in demonstrating that a site is not likely to redevelop. New construction on the site indicates that a property owner is unlikely to invest in additional improvements or redevelop the site in the near future.  Floor area ratio: Low floor area ratios further indicate underutilization especially in downtown areas or upzoned2 corridors. Conversely, developed sites with higher floor area ratios are less likely to redevelop as the land and demolition costs would be high.  Ownership patterns: In cases where site consolidation (i.e., merging parcels) is required for redevelopment, properties owned by a single entity are simpler to consolidate and/or redevelop. Publicly owned land can be more easily developed as affordable housing because land acquisition costs for developers are lower or nonexistent.

Potential sites were then reviewed based on these criteria to eliminate those unlikely to be redeveloped in the near term.

Realistic Development Capacity
The City assumed that the realistic development capacity of the chosen sites may be significantly less than the full development capacity allowed by the parcel’s zoning or land use designation. This conservative assumption is based on site specific conditions and development standards that may reduce the development potential of a given site. Steep slopes, protected wetlands or watercourses, open space or parking requirements, and irregularly shaped parcels all impact the ability to achieve the maximum density allowed by the zoning code. The pending and approved projects shown in Table C-3 on average achieved a density equal to approximately 87 percent of the maximum density allowed on the site. Based on that finding, the City assumes the realistic capacity of the Sites Inventory to be 75 percent of the maximum density under the applicable zoning or general plan designation.
2 Upzone is the reclassification of a site or area to a higher zone, typically allowing for more intensive use, e.g. from residential to commercial or from single- to multiple-family use.

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1.2.2 Hayward Downtown Specific Plan
Adopted by the City in 2019, the Hayward Downtown Specific Plan (DSP) and Development Code develops a vision for a resilient, safe, attractive, and vibrant historic downtown which integrates a multi-modal circulation system and new pedestrian oriented public spaces. The specific plan includes a form-based code that is intended to both provide increased predictability to property owners and developers throughout the development permitting process and achieve a well-defined and active streetscape.

The DSP anticipates significant infill development over the next 20 years within five distinct “placetypes” including mixed-use gateway, downtown core, downtown neighborhood, station plaza, and downtown southern gateway. Each of these placetypes is further defined by the DSP Development Code which intends to facilitate the creation of a walkable neighborhood environment within a short distance of neighborhood serving retail and services. The Development Code classifies each site into the following zones and provides clear standards for building types allowed:
 Neighborhood Edge (NE): Small-to medium footprint, lower-intensity housing choices, from detached single-family houses to small multiplex apartment buildings containing up to six units.  Neighborhood General (NG): Small-to-medium footprint, moderate-intensity, medium housescale housing choices, from single-family houses and attached townhomes to small-scale apartment buildings and courtyard buildings on medium-sized lots.  Urban Neighborhood (UN): Small-to-large footprint, moderate-intensity, large house-scale and block-scale housing choices, from rows of townhomes and large multiplex buildings containing between 6 and 18 units, to medium-scale apartment buildings.  Downtown Main Street (DT-MS): A vibrant urban main street serving as the citywide focal point for Hayward with commercial, retail, entertainment, and civic uses, public transportation, and small-to-large footprint, moderate-to-high-intensity housing choices including large multiplex buildings to large-scale apartment buildings.

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Draft Housing Element C-11
 Urban Center (UC): Medium-to-large footprint, moderate-intensity housing choices, from rows of townhomes and large multiplex buildings to large-scale apartment buildings surrounding an enclosed parking structure.

Vacant and Underutilized Properties in the Downtown Specific Plan Area The DSP Development Code closely regulates building form and character, and it does not directly regulate the density of residential development. Because the DSP Development Code is intended to implement Hayward’s General Plan land use designations, this analysis assumes that for sites within the DSP, the maximum allowable residential density is determined by the densities listed in the Land Use Element of the General Plan. The General Plan designates the vast majority of the DSP Area as Central City-Retail and Office Commercial (CC-ROC) and Central City-High Density Residential (CCHDR). Each of these designations allow mixed-use residential development at a density of 40 to 110 dwelling units per acre.

All potential sites identified in the DSP area meet the criteria to count toward the City’s share of the RHNA for lower-income housing based on density and lot size. For the purposes of meeting the City’s RHNA for moderate and above-moderate income units, multiple sites that meet HCD’s requirements for the development of lower income housing have been allocated to moderate and above-moderate income units. Table C-5 summarizes the capacity of vacant and underutilized sites within the DSP area.

Table C-5 Residential Development Potential in the Downtown Specific Plan Area General Plan Land Use Designation Acres
Number of
Parcels
Maximum
Allowed Density Potential New Units
Central City – High-Density
Residential (CC-HDR)

0.44 2 110 dwelling units
per acre
35 Central City – Retail and Office
Commercial (CC-ROC)

19.19 27 110 dwelling units
per acre
1,571
Total 19.63 29 - 1,606
Sites identified within the DSP are well served by transit and other community amenities including grocery stores, medical offices, and entertainment. The vacant former Civic Center site at the northern gateway to downtown is directly adjacent to a shopping and office commercial center and across Foothill Boulevard from the Lincoln Landing mixed-use development. In addition, the Maple and Main mixed-use project has been approved at the intersection of Maple Court and McKeever Avenue in the heart of the DSP area. All sites identified within the DSP are within a one-mile walk of the Hayward Bay Area Rapid Transit (BART) Station and approximately 60 percent of the potential new units are within 0.5-mile walk of the station. Several of the sites identified within the DSP are owned by the City and are currently used for public parking or unoccupied. The City has had success since 2010 in facilitating deed-restricted affordable and market-rate housing projects on City-owned parcels. The City considers the publicly owned parcels in the DSP area as opportunities for highquality residential infill development.

The Sites Inventory identified 19.63 acres of vacant and underutilized land within the DSP Area (as shown in Figure C-2) which can accommodate 1,606 housing units. This estimate is based on a density factor of 82.5 units per acre (i.e., 75 percent of the maximum density of 110 units per acre allowed by the General Plan).

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Figure C-2 Vacant and Underutilized Sites within the Downtown Specific Plan Area Housing Resources
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1.2.3 Mission Boulevard Corridor
In 2020, the City of Hayward adopted Ordinance 20-12 which formally consolidated the South Hayward BART/Mission Boulevard Form Based Code and Mission Boulevard Form Based Code and reclassified the ordinance as the Mission Boulevard Corridor Code. This new code implements smart-growth principles and policies outlined in the General Plan. The intent of the Mission Boulevard Corridor Code is to encourage compact, mixed-use, walkable neighborhoods with a variety of housing types in proximity to high-frequency transit stations. Development of this character will help the City advance its goals of decreasing automobile dependency and reducing both traffic congestion and its subsequent greenhouse gas emissions.

The Mission Boulevard Corridor Code looks to encourage and guide infill development through the application of the following zoning districts:
 Corridor Neighborhood (MB-CN): A mixed-use neighborhood environment with moderate intensity, medium-scale residential and non-residential uses compatible with surrounding neighborhoods, along a multi-modal corridor within short walking, biking, or bus distance of neighborhood serving retail and service uses.
 Neighborhood Node (MB-NN): A vibrant, urban neighborhood serving node. This district supports mixed-use infill development to provide a range of commercial, retail, entertainment, civic, and moderate intensity residential uses in a more compact urban setting.  Corridor Center (MB-CC): A transit-oriented mixed-use, urban center with high-intensity, residential and non-residential uses located within proximity to BART, to facilitate access to BART by biking or walking.
 Civic Space (MB-CS): This zone is intended to provide public open space and civic buildings.

When applied to privately owned parcels, existing use may continue until the site is redeveloped or comes under public ownership.

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 Planned Development (PD): This zoning district is applied to the South Hayward BART Station property. This district is intended to facilitate close collaboration between the property owner (Bay Area Rapid Transit) and the City to foster well designed residential and mixed-use development. PD districts help encourage redevelopment projects which incorporate a variety of housing types or combinations of residential and nonresidential uses which may not be achievable under other zoning districts. This site is also subject to California AB 2923 which establishes baseline zoning standards for BART owned properties within 0.5 miles of BART stations. Current zoning of the South Hayward BART Station property meets or exceeds the requirements of AB 29233
.

The Mission Boulevard Code defines and applies the following overlay zones to better regulate portions of the corridor:
 Transit Oriented Development (TOD) Overlay: Properties near public transit centers, as identified on the Mission Boulevard Code, including BART, are allowed an increase in residential density and adjusted building height limits.
 Commercial Overlay Zone 1: Properties designated with a Commercial Overlay Zone 1 designation may be developed with a mix of uses, but commercial uses must occupy the first or ground floors. Uses associated with the residential use, such as leasing office, community space, amenities, etc., are allowed on the ground floor. This requirement may be adjusted through the Major Site Plan Review Process.
 Commercial Overlay Zone 2: Properties designated with a Commercial Overlay Zone 2 designation may be developed with a mix of uses, but commercial uses must occupy the primary street frontage.

Anchored by Downtown to the north and the South Hayward BART Station to the south, development along the corridor is characterized by large-scale commercial and light industrial uses including auto dealerships, auto repair and accessory businesses, single-tenant commercial buildings, and pockets of single-family homes. Since 2010, multiple large-scale residential projects have contributed to a mix of housing types along the corridor including affordable and market-rate townhomes and midrise apartment buildings. These projects have advanced the City’s vision of a series of walkable and compact urban neighborhoods along Mission Boulevard. A high-frequency bus line runs along Mission Boulevard and the South Hayward BART Station provides access to regional transit. Several residential projects along the corridor are approved or under review, and the City expects additional development in the upcoming housing cycle.

Vacant and Underutilized Properties in the Mission Boulevard Corridor Code Area
Like the DSP, the Mission Boulevard Corridor Code regulates a potential development’s form and character. The Corridor Code also specifies minimum and maximum density for a site, as shown in Table C-6. All potential sites identified within the Mission Boulevard Corridor Code area are assumed to be adequate for the development of lower-income housing. Table C-7 summarizes the capacity of vacant and underutilized sites within the Mission Boulevard Corridor Code Area. 3 A Technical Guide to Zoning for AB 2923 Conformance
https://www.bart.gov/sites/default/files/docs/00_AB2923_TechGuide_Draft_2020Jun_0.pdf Housing Resources
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Table C-6 Mission Boulevard Corridor Code Allowed Densities Zoning District Minimum Density Maximum Density
Maximum with
Site Plan Review
Corridor Neighborhood
(MB-CN)

17.5 du/ac 35 du/ac 55 du/ac south of A Street
Neighborhood Node
(MB-NN)

17.5 du/ac 35 du/ac 65 du/ac
Corridor Center (MB-CC) 35 du/ac
TOD Overlay 1: 75 du/ac
TOD Overlay 2: 40 du/ac
55 du/ac
TOD Overlay 1: 100 du/ac
TOD Overlay 2: 65 du/ac
75 du/ac
TOD Overlay 2: 100 du/ac
Notes: du/ac = dwelling units per acre
Table C-7 Residential Development Potential in the Mission Boulevard Corridor Code Area
Zoning District Acres
Number of
Parcels
Maximum Allowed
Density Potential New Units
Corridor Neighborhood (MB-CN) 11.7 5 35 – 55 du/ac 428
Neighborhood Node (MB-NN) 2.9 1 65 du/ac 138
Corridor Center (MB-CC) 7.6 8 55 – 100 du/ac 521
South Hayward BART Site -
Planned Development (PD) 5.9 1 100* 439
Total 28.0 15 - 1,526
Notes: du/ac = dwelling units per acre
The maximum density allowed on each site is determined by the location of the parcel and any applicable overlay zones as detailed in Table C-6. The estimate of new unit potential is based on a conservative 75 percent factor of the maximum number of units allowed on the site.
*Maximum density on South Hayward BART property is based on the Mission Boulevard Code Transit Oriented Development Overlay 1 which allows development up to 100 dwelling units per acre.

The Sites Inventory identified a series of independent auto dealerships, auto repair shops, surface parking lots, and single-tenant commercial buildings as suitable for further housing development. A total of approximately 28 acres of vacant and underutilized land within the Mission Boulevard Corridor Code Area (as shown in Figure C-3) can accommodate an additional 1,526 housing units.

This estimate is based on the realistic density factor of 75 percent of the maximum densities allowed.

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Figure C-3 Vacant and Underutilized Sites within the Mission Boulevard Corridor Code Area
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1.2.4 Former Route 238 Corridor
In the mid-1960s, the State of California purchased 354 acres of vacant, commercial, and residential land in the City of Hayward and unincorporated Alameda County, in preparation for the construction of a Route 238 Bypass. The bypass was never built, and the parcels remain mostly vacant. The area surrounding these parcels has been developed primarily with residential subdivisions, multifamily housing, and institutional uses. In 2007 the City of Hayward received a grant from the State Department of Transportation (Caltrans) to complete a conceptual land use study of the Route 238 Bypass parcels. This study was conducted in preparation for the transfer of State-owned parcels to new ownership.

On January 12, 2016, the City Council adopted Resolution No. 16-004, authorizing the City Manager to negotiate and execute an agreement with Caltrans to acquire 17 properties along the 238 Bypass Corridor to remediate blight; support transit-oriented, mixed-use development; and ensure redevelopment of the properties under a coherent plan that meets the City’s land use goals and other public purposes. Since the City of Hayward acquired these parcels in 2016, numerous developers have responded to the City’s request for proposals to develop medium and large-scale, affordable mixed-use projects across the nine parcel groups.  Parcel Groups 1 & 10: The SOHAY project developed 400 attached townhomes and 72 apartments on Parcel Groups 1 & 10. The site aggregated 21 parcels to create a 21.6 acres development site surrounded by existing development. The development included 472 housing units, approximately 20,000 square feet of commercial space, 2.4 acres of designated park land and a network of pedestrian and bicycle trails. Of the 472 residential units developed on this site, 72 were multifamily rental and 400 were condominium ownership units. A total of 20 of the multi-family rental units are restricted to low-income households and 28 condominium units are restricted to moderate income households.

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 Parcel Group 2: The City approved the True Life Company’s application to develop a mixed-use project including 189 townhomes and stacked flats and 10,500 square feet of retail space. Of these units, 20 will be deed restricted to moderate income households.  Parcel groups 3 and 4: The City approved Eden Housing’s application to develop the La Vista Residential project which includes 176 affordable apartment homes and a 384-student school on the site.
 Parcel Group 5: In 2019 the City adopted the Parcel Group 5 Master Development Plan and released a request for proposals seeking a developer to build up to 74 single family homes and eighteen affordable accessory dwelling units. The City expects to take the entitlement and Disposition and Development Agreement to the City Council in the second quarter of 2022.  Parcel Group 6: In 2019 the City adopted the Parcel Group 6 Master Development Plan released a request for proposals to solicit a conceptual plan for the property. The Parcel Group 6 Master Plan allowed for maximum 55 units per acre while the underlying SMU General Plan designation allows for up to 100 units/acre. While there has been significant interest from the residential development community, the City has yet to reach final approval of any application to develop the site.
 Parcel Group 7: The City has approved the development of an automobile dealership on the lower portion of Parcel Group 7 adjacent to Mission Boulevard. The remaining portion of Group 7 remains an opportunity site for housing development and is included in the housing Sites Inventory.
 Parcel Group 8: the Parcel Group 8 site is approximately 19.8 acres split between the City of Hayward and unincorporated Alameda County. Approximately half of the site (9.17 acres) will be retained as open space and used as a park. A 96-unit affordable residential project subject to a Senate Bill 35/Density Bonus Application is pending City of Hayward approval on a 1.5-acre portion of the site at the corner of Grove Way and Foothill Boulevard. An existing multi-family cottage development is located at Grove Way and Bridge Court within Alameda County. The remainder of Parcel Group 8 (8.26 acres split between City and County) is intended to be developed with market rate housing.
 Parcel Group 9: This is a 4.53-acre vacant site located at the northern City limits and is split between the City of Hayward and unincorporated Alameda County. The City has not identified a development plan or a developer for this site.

Vacant and Underutilized Properties in the Former Route 238 Corridor Sites identified in this inventory along the former Route 238 Corridor are designated Sustainable Mixed Use (SMU) in the General Plan which in this context allows development at densities up to 55 dwelling units per acre. These specific sites are assumed to be adequate to support development of a mix of lower, moderate, and above-moderate income housing.

A significant housing opportunity site exists on the upper portion of Parcel Group 7 adjacent to Carlos Bee Road. While the zoning of this site allows residential development at densities up to 55 dwelling units per acre, the topography of the site may limit its realistic development potential. The inventory estimates the 4.9-acre site to be suitable for 98 moderate-income units at a net density of 20 dwelling units per acre.

Parcel Group 6 (the former site of the Carlos Bee Quarry) represents the largest opportunity to encourage the development of a mixed-income neighborhood within the Route 238 Corridor. Based on previous applications and concept plan studies, the parcel’s current zoning, and a realistic Housing Resources
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density 75 percent of the general plan maximum, the Sites Inventory conservatively estimates that 10 acres of the 29-acre site of the site will yield 412 units. Table C-8 summarizes the capacity of vacant and underutilized sites within the former Route 238 Corridor.

Table C-8 Residential Development Potential along the Former Route 238 Corridor General Plan Land Use Designation Acres
Number of
Parcels
Maximum Allowed
Density
Realistic Potential
New Units
Corridor Neighborhood (MB-CN) 4.9 1 35 du/ac 98
Sustainable Mixed Use (SMU) 10.0 1 55 du/ac 412
Total 14.9 2 - 510
Notes: Du/ac = dwelling units per acre
The Sites Inventory identified 14.9 acres of vacant and underutilized land within the former Route 238 Corridor (as shown in Figure C-4) that can accommodate an additional 510 housing units. This estimate is based on a realistic density factor which is 75 percent of the maximum densities allowed by the General Plan Designation for each site as well as the assessed realistic development capacity of the parcel Group 6 and 7 sites given their unique topography and site constraints.

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Figure C-4 Underutilized Sites within the former Route 238 Corridor Housing Resources
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1.3 Adequacy of Residential Sites Inventory in Meeting
RHNA
The residential Sites Inventory identified vacant and under-utilized sites in Hayward which can accommodate a total of 3,642 residential units based on residential densities per existing land use designations, zoning districts, and specific plans. The sites are in the following General Plan land use designations: Central City - Retail and Office Commercial (CC-ROC), Central City - High Density Residential (CC-HDR), and Sustainable Mixed Use (SMU) and the following zoning districts: DT-MS, MB-CC, MB-CN, MB-NN, PD, SMU, UC, and UN.

The City intends to include three non-vacant sites which were listed in a previous housing to accommodate a total of 150 lower income units during the planning period. Housing element law requires the City to include a program in the housing element that requires rezoning of these sites to allow residential use by right at specified densities for housing developments in which at least 20 percent of the units are affordable to lower income households. Program H-11 of the Housing Plan allows by-right approval for projects with 20 percent affordable units proposed at 548 Claire Street (431-0040-029-00), Fletcher Lane (445-0001-004-13), and 29459 Mission Boulevard (078C-0438- 011-02).

Hayward anticipates meeting its RHNA requirements for the January 2023 through January 2031 planning period without the need to rezone areas of the city. The Sites Inventory shows a surplus of 582 lower-income units, giving the city a 61 percent buffer for this income category. Vacant sites satisfy more than half of the remaining lower income RHNA after ADUs and planned/approved units are accounted for. The results of the residential Sites Inventory are presented in Table C-9.

Table C-9 Adequacy of Residential Sites Inventory
Lower Income Moderate Income
Above
Moderate Income Total
RHNA Allocation 1,692 817 2,117 4,624
Planned and Approved Units 550 82 1,263 1,895
ADUs Anticipated 192 96 32 320
Remaining RHNA 950 639 820 2,409
Downtown Specific Plan Area 481 791 334 1,606
Mission Boulevard Corridor 816 302 408 1,526
Former Route 238 Corridor 0 200 310 510
Total Units on Vacant Sites 508 226 425 1,159
Total Units on Underutilized Sites 1,099 757 627 2,483
Total Units on Vacant and
Underutilized Sites 1,607 983 1,052 3,642
Total Unit Surplus 582 297 354 1,233

1.3.1 Recycling Trends
Much of the recent development relies on the redevelopment (or “recycling”) of underutilized properties or underperforming commercial sites. Examples of recent recycling trends include the following:

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 Lincoln Landing: This project located at 22335 Foothill Boulevard consists of a consolidation of four parcels to develop market rate apartments and 80,500 square feet of commercial space.

This mixed-use development replaces a vacant large-footprint office building and approximately

8.75 acres of surface parking. The 11.3-acre site accommodates 476 units for a gross density of 42 dwelling units per acre. The project site is zoned Central City Commercial (CC-C) and designated CC-ROC in the General Plan. Lincoln Landing is located in the city’s Downtown Opportunity Zone which allows investors and communities to leverage privately sources funds for eligible economic development and community reinvestment projects. The project, which broke ground in September 2019, represents one of the largest Opportunity Zone projects in the country. The project received $300 million in opportunity zone fund investment from Bridge Investment Group. This additional funding complemented traditional financing secured from Bank of America and other capital partners.

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 Mission Crossings – This project located at 25501 Mission Boulevard developed 140 market-rate townhome units on 7.3 acres of a 9.6-acre parcel, with 14 of the townhomes deed restricted for Moderate Income households in compliance with the Affordable Housing Ordinance. The remaining 2.3 acres is entitled to accommodate a 93-room hotel and 7,225 square feet of retail space. The mixed-use development replaces two independent auto-dealerships and their associated service facilities. The net density of the townhome portion of the development is approximately 19 dwelling units per acre. The project site is zoned MB-CN and designated SMU in the General Plan.
 Legacy at Hayward – This project is nearing completion as of December 2021 located at 2816 Mission Boulevard. The project includes 97 market rate units near the South Hayward BART Station. The 1.8-acre development replaces a low-FAR auto-accessories store with a 4-story building integrating structured parking and a variety of residential amenities. Gross density of the development is approximately 54 dwelling units per acre. The project site is zoned MB-CC and designated SMU in the General Plan.

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 SOHAY – The SOHAY project located at 29504 Dixon Street, developed 400 attached townhomes and 72 apartments on a collection of 21 long-vacant parcels totaling approximately 21.6 acres.

The development includes 20 rental units restricted to low-income and 28 ownership units restricted to moderate income residents. Approximately 2.8 acres of the site is devoted to a new public park and flood control infrastructure and the entire project is within short walking distance of the South Hayward BART Station. The residential portion of the development achieved a density of approximately 25 units per acre. The project site is zoned Planned Development (PD) and designated SMU in the General Plan. The SOHAY project is the result of a negotiated Deposition and Development Agreement with the City.  Alta Mira – Completed in 2017, the Alta Mira project represents an example of high-quality, affordable Transit Oriented Development (TOD). The project located at 28925 Mission Boulevard includes 152 units affordable to residents with an income which is 30 to 50 percent of Alameda County’s median income. The project is withing ¼ mile of the South Hayward BART station and provides a variety of amenities and supportive services to both seniors and families.

The 1.9-acre site includes a new public park and achieved a gross density of approximately 80 dwelling units per acre. The project site is zoned Planned Unit Development (PUD) and designated SMU in the General Plan. The City provided permanent financing in the amount of $6.95 Million to facilitate the development of this project.

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 Cadence – The Cadence project was developed in conjunction with Alta Mira (Alta Mira was built to satisfy the developer’s affordable housing requirements) and is located 28850 Dixon St.

This mixed-use development replaces 2.9 acres of vacant land and surface parking with 206 market-rate units, extensive amenities, and ground floor retail space. The achieved density of the development is 71 dwelling units per acre.
 Abode – The approved Abode project at 2595 Depot Road consists of a four-story building accommodating 125 studio units of permanent supportive housing. The development plan includes 72 parking spaces for residents. The Project takes advantage of California’s Senate Bill (SB) 35 and Assembly Bill (AB) 1763 which allowed for streamlined permitting and unlimited density bonuses for 100% affordable projects within ½ mile of a major transit stop, and received waivers and concessions related to building height and waiver of personal storage space requirements. An existing residential drug and alcohol rehabilitation facility will continue City of Hayward
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operating on the 3.1-acre site. The City provided permanent financing of approximately $6.1 million and awarded the City’s $18.2 million of Alameda County Measure A1 funds toward the project. The gross density of the development is 40 dwelling units per acre. The project site is zoned Agricultural District and is designated Limited Medium Density Residential (LMDR) in the General Plan.

These recycling activities have taken place since the certification of the 5th Cycle Housing Element and are representative of the conditions within each of the neighborhoods included in the Sites Inventory. The conditions and characteristics of the underutilized commercial sites identified in Appendix B are similar to those that have been redeveloped in recent years.

For example, the Legacy at Hayward project redeveloped a 1.8-acre parcel formerly occupied by an auto-accessories retailer with a large parking lot and service area. The condition of opportunity sites identified along Mission Boulevard mirror the pre-construction conditions of the Legacy at Hayward site.

Similarly, parcel 452-0056-005-00 is a 1.2-acre site which is partially paved and occupied by a single tenant retail store. The two existing structures on the site are in need of repair or refurbishment and the parcel is zoned for a density up to 55 units per acre. Like the Legacy site, this parcel is owned by a single entity and would not require consolidation. Conditions at parcel 444-0078-005-05 also mirror the pre-construction conditions of the Mission Crossings project site. The Mission Crossing project was developed on the site of two former auto-dealerships which fell into vacancy and disrepair. Parcel 444-0078-005-05 is the former site of Hayward Chevrolet which closed in 2009. The

2.9-acre site is currently vacant and zoned for up to 65 units per acre of residential development.

Given current development trends, the City anticipates further interest in recycling activities of underperforming commercial sites at densities similar to those achieved by the projects listed above. Therefore, it can be reasonably assumed that further redevelopment would occur on nonvacant sites throughout the areas discussed in the Sites Inventory.

Recycling activities are also likely to occur on sites zoned for mixed-use. Development trends in the City show that a vast majority of mixed-use zoned projects have a large residential component with a relatively small square footage devoted to commercial use. None of the proposed projects in mixed-use zones are 100 percent devoted to non-residential purposes. Therefore, it can also be reasonably assumed that further residential development would continue to occur in areas zoned mixed-use to accommodate both residential and non-residential uses.

Sites included in the inventory of this Housing Element for the 6th cycle RHNA are very similar to the select projects described above in terms of size, existing conditions and uses. Recycling sites is desirable to help achieve the State Legislature’s goal of alleviating California’s housing crisis.

According to California’s Department of Housing and Community Development, during the last ten years, housing production averaged fewer than 80,000 new homes each year, and ongoing production continues to fall far below the projected need of 180,000 additional homes annually.4 The lack of supply and high rent costs suggests that unit recycling activities is a method to consider when addressing housing needs.
4 California Department of Housing and Community Development. 2020. Addressing a Variety of Housing Challenges. https://www.hcd.ca.gov/policy-research/housing-challenges.shtml.

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1.4 Availability of Infrastructure and Services
The City’s budget for all operations in Hayward ensures the continued maintenance and improvement of the city’s infrastructure. This includes the design, construction, maintenance of roadways, sidewalks, sewers, and storm drains; construction and maintenance of public buildings; water production, storage, and delivery facilities; the repair of City vehicles and equipment; and the continued operation of transportation services. As such, the City will ensure adequate capacity of all infrastructure and utilities to accommodate the housing growth discussed in this housing element.

All sites listed in the inventory that are appropriate for lower income residential development have available infrastructure.

1.4.1 Wastewater System
Hayward is served by two major wastewater systems which provide sewage service and wastewater treatment for all residential, commercial, and industrial users in city limits. A small portion of the city’s wastewater at the northern City limits flows to the Oro Loma Sanitary District. The majority of Hayward’s wastewater is handled by the City-owned wastewater collection system and is treated at the award-winning City of Hayward Water Pollution Control Facility. Treated wastewater then flows to the East Bay Dischargers Authority which discharges the water deep into the San Francisco Bay.

The Hayward Water Pollution Control Facility receives approximately 12 million gallons of untreated sewage per day and has a design capacity of 18.5 million gallons per day which will be enough capacity to serve the city through 2040.

1.4.2 Potable Water System
The City of Hayward owns and operates its own water distribution system which serves approximately 95 percent of the city’s residents. The remaining small portion of users are served by the East Bay Municipal Utilities District. The city’s potable water is supplied by the San Francisco Public Utilities Commission which sources its water from the Hetch-Hetchy reservoir in the Sierra Nevada.

The 2020 City of Hayward Urban Water Management Plan estimates that the city’s current water system has enough supply to meet projected demand through 2040 during a normal precipitation year, but not enough supply to meet projected demand during dry years. During a dry year, Hayward’s supply is likely to meet 63 percent of projected demand in 2040.

To address this issue, the City adopted the 2020 Water Shortage Contingency Plan. This strategic planning document is intended to prepare for and respond to water shortages and ultimately prevent supply interruptions. The plan identifies clear steps to manage a water supply shortage integrating public messaging and enforceable water conservation measures.

1.4.3 Storm Water and Drainage
The major storm drainage facilities within Hayward are owned and maintained by the Alameda County Flood Control and Water Conservation District (ACFCWCD). The ACFCWCD manages stormwater flows into several underground storm drain lines and manmade open channels.

Stormwater pipes smaller than 30 inches are generally owned by the City of Hayward, which also operates five pump stations that divert stormwater Mt. Eden and Old Alameda Creeks to be discharged into the San Francisco Bay. Most major flood control infrastructure in western Alameda County is 50 or 60 years old.

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The City is committed to supporting ACFCWCD in the implementation of best management practices and encouraging Low Impact Development to accommodate new housing and protect water quality.

1.4.4 Circulation System
The Mobility Element of the Hayward General Plan outlines the long-term plan for roadways, including numbers of lanes, right-of-way, and general operating conditions. It also provides guidance relating to the transit system, goods movement system, and nonmotorized travel, including bicycle and pedestrian travel and serves as a comprehensive transportation management strategy to ensure adequate transportation infrastructure is in place to meet population growth. In September 2020, the City adopted an updated Bicycle and Pedestrian Master Plan which details the City’s plan to establish a network of accessible, safe, and integrated bicycle and pedestrian facilities.

According to the Plan, the City will add 153 miles of new bicycle facilities, including 32 miles of multi-use paths for pedestrians and bicyclists. New developments are required to install improvements consistent with this plan or to pay into a fund to construct the improvements and connections.

The city is a major crossroad for key interstate highways (I-238, I-580 and I-880), and State highways (SR 92 and SR 185). In addition, two BART lines (Fremont-Richmond and Fremont-Daly City/Millbrae) serve the city, with a third line (East Dublin/Pleasanton-SFO Airport) operating just north of the city, and Amtrak service connects the city via a station nearby downtown to Sacramento and San Jose.

1.4.5 Dry Utilities
East Bay Community Energy (EBCE) and PG&E supply electricity in the city. EBCE is the default provider for both residential and commercial customers, but PG&E service is available to residents who choose to opt out of EBCE. Natural gas service is provided by PG&E. In March 2020, the Hayward City Council adopted a reach code ordinance to electrify buildings and vehicles in new construction. As a result, no newly constructed housing units will have natural gas connections.

Telephone, internet services, and cable television are serviced by contracted providers including AT&T and Xfinity.

1.5 Environmental Constraints
Pursuant to State law, the City developed and adopted the Hayward Local Hazard Mitigation Plan in 2016. This plan addresses hazard vulnerabilities from natural and human-caused hazards, including flooding, drought, wildfire, landslides, severe weather, terrorism, cyber threats, pandemic, and the impact of climate change on hazards, as well as other hazards.

Approximately 50 percent of Hayward is included in Seismic Hazard Zones for liquefaction as designated by the State Department of Conservation Earthquake Zones of Required Investigation-- Hayward Quadrangle map.5 The City of Hayward implements regulations and programs to minimize the risk of geologic and seismic hazards. These regulations and programs include, among others, the City Building Code and building permit process, the City Grading and Clearing Permit process, the Multi-Jurisdictional Local Hazard Mitigation Plan with City of Hayward Annex document, the City of Hayward Comprehensive Emergency Management Plan, and the Community Emergency Response Team program.6
5 https://www.hayward-ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1-30-14.pdf 6 https://www.hayward-ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1-30-14.pdf Housing Resources
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1.6 Financial Resources for Affordable Housing
Affordable housing development programs in Hayward include inclusionary units developed pursuant to the City’s Affordable Housing Ordinance, development subsidy through the City’s periodic Notice of Funding Availability, public-private partnerships such as those negotiated on the Caltrans 238 properties, critical residential maintenance, and rental rehabilitation programs. The City administers federally funded Community Development Block Grant program and the City’s allocation of the Home Investment Partnership Program under the Alameda County HOME Consortium. These funds are administered consistent with federal guidelines and can be used to leverage other development funds in partnership with affordable housing developers7 . The City also
makes use of the State administered SB 2 and LEAP planning grants which fund and provide technical assistance to jurisdictions in the process of preparing programs which facilitate housing production.

1.6.1 Community Development Block Grant (CDBG)
The CDBG Program is administered by HUD. Through this program, the federal government provides funding to jurisdictions to undertake community development and housing projects.

Projects proposed by the jurisdictions must meet the objectives and eligibility criteria of CDBG legislation. The primary CDBG objective is the development of viable urban communities, including decent housing, a suitable living environment, and expanded economic opportunity, principally for persons of low-and moderate income. Each activity must meet one of the three following national objectives:
 Benefit to low-and moderate income families;
 Aid in the prevention of elimination of slums or blight; or  Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community.

Hayward uses CDBG funds to stabilize neighborhoods and preserve and upgrade the existing housing stock. In 2021, the City was awarded $2.1 million in CARES Act Community Development Block Grant (CDBG) supplemental funding which was used to support programmatic work in response to the COVID-19 crisis. Much of this programmatic work supported the city’s most vulnerable communities, which included Rent Relief Grants and shelter services for unhoused residents.

1.6.2 Home Investment Partnership Program (HOME)
The HOME program provides federal funds for the development and rehabilitation of affordable rental and ownership housing for households with incomes not exceeding 80 percent of area median income. The program gives local governments the flexibility to fund a wide range of affordable housing activities through housing partnerships with private industry and non-profit organizations. HOME funds can be used for activities that promote affordable rental housing and homeownership by low-income households, including:
 Building acquisition
 New construction and reconstruction
7 City of Hayward. 2021. Preliminary Budget.

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 Moderate or substantial rehabilitation
 Homebuyer assistance
 Rental assistance
 Security deposit assistance
The City participates in the Alameda County HOME Consortium. Alameda County receives an annual formula allocation of HOME funds that can be used to promote affordable housing in the County through activities such as homeowner rehabilitation, homebuyer activities, rental housing development, and tenant-based rental assistance.8 Hayward allocated approximately $482,000 in HOME funds in 2021.
9 1.6.3 Senate Bill 2 Planning Grant
The Senate Bill 2 Planning Grants provide funding and technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Funding supports cities and counties in accelerating housing production, streamlining the approval of housing development, facilitate housing affordability, promote development consistent with the State Planning Priorities (Government Code Section 65041.1), and ensure geographic equity in the distribution and expenditure of the funds. The City will be using the funds to complete three projects:
 Creating an overlay zoning district with CEQA review to up zone properties currently zoned for single family and create objective design and development standards to maximize unit potential and allow for a variety of housing types.
 Develop Objective Design Standards to allow for streamlining for compliant projects.  Update the City's density bonus with CEQA clearance to allow for tiering. The City will explore ways to provide additional density bonus beyond state law requirements

1.6.4 Local Early Action Planning Grant
The Local Action Planning Grants (LEAP) provides over-the-counter grants complemented with technical assistance to local governments for the preparation and adoption of planning documents, and process improvements that accelerate housing production facilitate compliance to implement the sixth-cycle Regional Housing Needs Assessment. The City of Hayward is utilizing the LEAP funding for the following actions:
 Prepare and adopt General Plan Updates (including the sixth cycle Housing Element update, Environmental Justice Element and Safety Element);
 Develop innovative programs and policies that will be embedded within the updated Housing Element to fund housing development, ownership, and rental opportunities for all income levels and to provide housing-related services and programs for all segments of the population.  Development an Accessory Dwelling Unit program that analyzes impediments to development of ADUs in Hayward and provide services and strategies to address those impediments. 8 Alameda County Department of Housing and Community Development. 2021. HOME Program. https://www.acgov.org/cda/hcd/rhd/homefunding.htm. 9 City of Hayward. 2022. Adopted Budget. https://hayward-ca.gov/sites/default/files/documents/FY-2022-Adopted-Operating-Budget.pdf Housing Resources
Draft Housing Element C-31

1.6.5 Local Funding Sources
The City of Hayward implements programs related to housing using a variety of local funding sources. The following funds were included in the Adopted Budget Fiscal Year 202210:
 Housing Authority Fund
 Affordable Housing Monitoring Funds
 Inclusionary Housing Fund
 Rental Housing Program Fund
 General Fund

1.7 Administrative Resources
This section describes administrative resources available to Hayward. These include building, code enforcement, housing programs, and partnerships with nonprofit organizations that help Hayward achieve the goals and objectives laid out in this Housing Element.

1.7.1 City of Hayward Planning Division
The Planning Division of the Development Services Department provides and coordinates development information and services to the public. Specifically, the Planning Division provides staff support to the City Council and Planning Commission in formulating and administering plans, programs, design guidelines and legislation for guiding the city’s development in a manner consistent with the community’s social, economic, and environmental goals.

The Planning Division is tasked with ensuring that land uses and new development in Hayward comply with City codes, the General Plan, City Council and Planning Commission policies, and California law. Approval of projects through the planning process is required before the City issues grading or building permits. Advanced planning programs provided by the division include a comprehensive General Plan update (including periodic update of the Housing Element), preparing and amending specific plans and design guidelines, and conducting special land use studies as directed by the City Council.

1.7.2 County of Alameda
The Housing Authority of the County of Alameda (HACA) operates several programs funded by the U.S. Department of Housing and Urban Development (HUD) that provide rental housing or rental assistance for low-income families, the elderly, people with disabilities, and others, in much of Alameda County. The programs include11:
 Section 8 Housing Voucher Program
 The Project-Based Moderate Rehabilitation Programs
 Section 8 Helping Veterans Achieve Housing Stability – The Veterans Affairs Supportive Housing (VASH) Voucher Program
 Mainstream Voucher Program
 Family Obligations
10 Adopted Budget Fiscal Year 2022, https://www.hayward-ca.gov/sites/default/files/documents/FY-2022-Adopted-Operating-Budget.pdf 11 Housing Authority of Alameda County, https://www.haca.net/housing-programs/ City of Hayward
2023-2031 Housing Element Update
C-32

1.7.3 Affordable Housing Providers
Affordable housing providers are a critical resource for accomplishing the goals and objectives of this Housing Element. This can be accomplished through private/public partnerships. Since 1997, the City of Hayward, the Former Hayward Redevelopment Agency and the Hayward Housing Authority has been successful in supporting the development 18 affordable housing project through private/public partnerships which provide 1278 units of affordable housing to low and very lowincome households. 12 In 2018, the City Issued a Notice of Funding Availability and awarded development subsidy loans to three non-profit affordable housing development projects that will add an additional 258 units of affordable housing. Table C-10 details active affordable housing providers active and the associated affordable housing developments in Hayward.

Table C-10 Affordable Housing Providers in Hayward
Organization Development Name Address Type
Eden Housing
Management Inc
Altamira 28901 & 28937 Mission
Boulevard
Hayward California, 94544
Multifamily
Cypress Glen 25100 Cypress Avenue
Hayward, CA 94544
EC Magnolia Court 22880 Watkins Street,
Hayward, CA 94541
Glen Berry 625 Berry Avenue,
Hayward, CA 94544
Glen Eden 561 A Street, Hayward, CA
94541
Harris Court Apts 742 and 734 - 751 Harris
Court, Hayward, CA 94544
Hayward Senior 568 C Street
Hayward California, 94541
Senior
Huntwood Commons 27901 Huntwood Avenue,
Hayward, CA, 94545
Multifamily
Josephine Lum Lodge 2747 Oliver Drive, Hayward,
CA 94545
Leidig Court 27751 Leidig Court,
Hayward, CA, 94541
Multifamily
Sparks Way Commons 2750 Sparks Way Hayward,
CA 94541
Multifamily
Villa Springs Apartments 22328-22330 South Garden
Avenue Hayward, CA 94541
Multifamily
Walker Landing 1433 North Lane Hayward,
CA 94545
Multifamily
Tennyson Gardens/Faith
Manor
973 West Tennyson Road,
Hayward, CA, 94545
Multifamily
Sara Conner Court 32540 Pulaski Drive,
Hayward, CA, 94545
Multifamily
12 Affordable Rental Housing in Alameda County, HCD. 2021. https://www.hcd.ca.gov/about/contact/affordable-housing-rentaldirectory/docs/alameda.pdf Housing Resources
Draft Housing Element C-33
Organization Development Name Address Type
Volunteers of America
National Services
Lord Tennyson 2181 W. Tennyson Road
Hayward California, 94545
Park Manor Apartments 24200 Silva Avenue
Hayward California, 94544
Hayward Pacifica
Associates, LP
The Majestic 959 Torrano Avenue
Hayward California, 94542
FESCO Banyan House 21568 Banyan St, Hayward,
CA 94541
Transitional Housing
Les Marquis Emergency
Shelter
22671 3rd St, Hayward, CA
94541
Emergency Shelter
City of Hayward
2023-2031 Housing Element Update
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Housing Element Sites Inventory
Draft Housing Element C-35
Table A Housing Element Sites Inventory
Jurisdiction
Name
Site Address/
Intersection
5 Digit
ZIP
Code
Assessor’s
Parcel
Number
Consolidated
Sites
General Plan
Designation
(Current)
Zoning
Designation
(Current)
Minimum
Density
Allowed
(units/acre)
Max
Density
Allowed
(units/acre)
Parcel
Size
(Acres)
Existing
Use/Vacancy Infrastructure
PubliclyOwnedSite
Status
Identified in
Last/Last
Two
Planning
Cycle(s)
Lower
Income
Capacity
Moderate
Income
Capacity
Above
Moderate
Income
Capacity
Total
Capacity
Improvement
to Land Value
Ratio
Year
Built
HAYWARD 22765 GRAND
ST
94541 431-0040-
026-00
CC-ROC UN 40 110 0.23 Commercial
repair garage
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
18 18 0.00 N/A
HAYWARD 507 C ST 94541 431-0040-
017-00
CC-HDR UN 40 110 0.20 Industrial YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
16 16 0.34 1945
HAYWARD 548 CLAIRE ST 94541 431-0040-
029-00
CC-ROC UN 40 110 0.62 Industrial Light/
Manufacturing
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
51 51 2.39 N/A
HAYWARD 529 C ST 94541 431-0040-
020-02
CC-ROC UN 40 110 0.58 Warehouse YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
47 47 0.79 1954
HAYWARD 22756 ALICE ST 94541 431-0040-
031-00
CC-HDR UN 40 110 0.24 Commercial
repair garage
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
19 19 0.79 1955
HAYWARD 548 CLAIRE ST 94541 431-0040-
028-00
CC-ROC UN 40 110 0.42 Warehouse YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
34 34 0.12 N/A
HAYWARD 577 C ST 94541 431-0040-
023-00
CC-ROC UN 40 110 0.41 Warehouse YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
33 33 0.06 1940
HAYWARD 597 C ST 94541 431-0040-
024-02
CC-ROC UN 40 110 0.33 Veterinarian
Office
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
27 27 2.33 1955
HAYWARD 575 C ST 94541 431-0040-
022-00
CC-ROC UN 40 110 1.07 Automobile
dealership
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
88 88 0.74 N/A
HAYWARD 22765 GRAND
ST
94541 431-0040-
027-00
CC-ROC UN 40 110 0.30 Commercial
repair garage
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
24 24 0.52 N/A
HAYWARD 541 C ST 94541 431-0040-
021-01
CC-ROC UN 40 110 0.27 Commercial
towing company
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
22 22 1.29 N/A
HAYWARD 22740 ALICE ST 94541 431-0040-
032-00
CC-ROC UN 40 110 0.40 Industrial
Light/Manufactu
ring
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
33 33 1.50 1963
HAYWARD 516 CLAIRE ST 94541 431-0040-
030-00
CC-ROC UN 40 110 0.29 Commercial
repair garage
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
23 23 1.06 1947
City of Hayward
2023-2031 Housing Element Update
C-36
Jurisdiction
Name
Site Address/
Intersection
5 Digit
ZIP
Code
Assessor’s
Parcel
Number
Consolidated
Sites
General Plan
Designation
(Current)
Zoning
Designation
(Current)
Minimum
Density
Allowed
(units/acre)
Max
Density
Allowed
(units/acre)
Parcel
Size
(Acres)
Existing
Use/Vacancy Infrastructure
PubliclyOwnedSite
Status
Identified in
Last/Last
Two
Planning
Cycle(s)
Lower
Income
Capacity
Moderate
Income
Capacity
Above
Moderate
Income
Capacity
Total
Capacity
Improvement
to Land Value
Ratio
Year
Built
HAYWARD 22722 ALICE ST 94541 431-0040-
033-00
CC-ROC UN 40 110 0.33 Commercial
repair garage
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
27 27 0.23 1968
HAYWARD 25375

MISSION BLVD
94544 444-0060-
012-02
SMU MB-CN 17.5 35 1.86 Automobile
dealership
YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
48 48 0.02 1965
HAYWARD 28824

MISSION BLVD
94544 078C0461-006-
04 SMU MB-CC 40 100 1.33 Vacant YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
99 99 0.00 N/A
HAYWARD FLETCHER LN 94544 445-0001-
004-13
SMU MB-CN 17.5 35 1.70 Auto-Storage YES - Current NO -
PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
44 44 0.02 N/A
HAYWARD 29459

MISSION BLVD
94544 078C0438-011-
02 SMU MB-CC 35 55 1.34 Surface parking YES - Current NO - PrivatelyOwned
Available Used in Prior
Housing
Element -
Non-Vacant
55 55 0.00 N/A

HAYWARD OVERLOOK
AVE
94542 445-0180-
001-00
SMU SMU 25 55 10.00 Vacant YES - Current YES - CityOwnedAvailable Used in Two Consecutive
Prior
Housing
Elements -
Vacant
102 310 412 0.00 N/A
HAYWARD 1026 C ST 94541 428-0066-
038-01
CC-ROC DT-MS 40 110 0.20 Public Owned
Parking
YES - Current YES - CityOwnedAvailable Not Used in
Prior
Housing
Element
16 16 0.00 N/A
HAYWARD 1026 C ST 94541 428-0066-
037-00
CC-ROC DT-MS 40 110 0.45 Public Owned
Parking
YES - Current YES - CityOwnedAvailable Not Used in
Prior
Housing
Element
37 37 0.00 N/A
HAYWARD 22696 MAIN
ST
94541 428-0066-
038-02
CC-ROC DT-MS 40 110 0.14 Public Owned
Parking
YES - Current YES - CityOwnedAvailable Not Used in
Prior
Housing
Element
11 11 0.00 N/A
HAYWARD 22300

FOOTHILL
BLVD
94541 415-0250-
112-00
CC-ROC UC 40 110 1.40 Vacant YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
115 115 0.00 1968
HAYWARD MISSION BLVD 94541 428-0056-
066-00
CC-ROC DT-MS 40 110 0.98 Public Owned
Parking
YES - Current YES - CityOwnedAvailable Not Used in
Prior
Housing
Element
80 80 0.00 N/A
HAYWARD 24874

MISSION BLVD
94544 445-0150-
058-04
SMU MB-CN 17.4 55 1.82 Vacant
commercial land
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
75 75 0.00 N/A
HAYWARD 27143

MISSION BLVD
94544 452-0056-
005-00
SMU MB-CN 17.4 55 1.22 Single-tenant
Retail Store
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
50 50 0.88 1961
Housing Element Sites Inventory
Draft Housing Element C-37
Jurisdiction
Name
Site Address/
Intersection
5 Digit
ZIP
Code
Assessor’s
Parcel
Number
Consolidated
Sites
General Plan
Designation
(Current)
Zoning
Designation
(Current)
Minimum
Density
Allowed
(units/acre)
Max
Density
Allowed
(units/acre)
Parcel
Size
(Acres)
Existing
Use/Vacancy Infrastructure
PubliclyOwnedSite
Status
Identified in
Last/Last
Two
Planning
Cycle(s)
Lower
Income
Capacity
Moderate
Income
Capacity
Above
Moderate
Income
Capacity
Total
Capacity
Improvement
to Land Value
Ratio
Year
Built
HAYWARD 28534

MISSION BLVD
94544 078C0626-003-
12 SMU MB-CC 40 100 0.47 Automobile
dealership
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
35 35 0.20 N/A
HAYWARD 28546

MISSION BLVD
94544 078C0626-003-
23 SMU MB-CC 40 100 0.21 Automobile
dealership
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
16 16 0.04 N/A
HAYWARD 28564

MISSION BLVD
94544 078C0626-003-
26 SMU MB-CC 40 100 0.92 Automobile
dealership
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
69 69 0.10 1961
HAYWARD 28700

MISSION BLVD
94544 078C0461-004-
00 SMU MB-CC 40 100 0.89 Single-tenant
Retail Store
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
66 66 1.03 1973
HAYWARD 28722

MISSION BLVD
94544 078C0461-005-
00 SMU MB-CC 40 100 0.87 Single-tenant
Retail Store
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
65 65 0.67 1970

HAYWARD FOOTHILL
BLVD
94541 415-0250-
111-02
CC-ROC UC 40 110 2.14 Vacant YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
176 176 0.00 N/A
HAYWARD 24732

MISSION BLVD
94544 445-0150-
059-02
SMU MB-CN 17.4 55 5.12 Warehouse-Self
Storage
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
211 211 0.92 1979
HAYWARD 1045 C ST 94541 428-0066-
055-01
CC-ROC DT-MS 40 110 0.51 Single-tenant
Retail Store
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
41 41 0.41 1947
HAYWARD C ST 94541 427-0011-
020-00
CC-ROC DT-MS 40 110 0.89 Public Owned
Parking
YES - Current YES - CityOwnedAvailable Not Used in
Prior
Housing
Element
73 73 0.00 N/A
HAYWARD A ST 94541 415-0240-
038-00
CC-ROC UN 40 110 0.95 Public Owned
Parking
YES - Current YES - CityOwnedAvailable Not Used in
Prior
Housing
Element
78 78 0.00 N/A
HAYWARD C ST 94541 431-0044-
035-04
CC-ROC UC 40 110 1.76 Surface Parking YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
145 145 0.00 N/A
HAYWARD DIXON ST 94544 078C0441-001-
29 SMU PD 75 100 5.86 Surface Parking YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
439 439 0.00 N/A

HAYWARD FOOTHILL
BLVD
94541 415-025-
0113-00
CC-ROC UC 40 110 2.28 Public Agency -
Parking Garage
YES - Current YES - CityOwnedAvailable Not Used in
Prior
Housing
Element
188 188 0.00 N/A
City of Hayward
2023-2031 Housing Element Update
C-38
Jurisdiction
Name
Site Address/
Intersection
5 Digit
ZIP
Code
Assessor’s
Parcel
Number
Consolidated
Sites
General Plan
Designation
(Current)
Zoning
Designation
(Current)
Minimum
Density
Allowed
(units/acre)
Max
Density
Allowed
(units/acre)
Parcel
Size
(Acres)
Existing
Use/Vacancy Infrastructure
PubliclyOwnedSite
Status
Identified in
Last/Last
Two
Planning
Cycle(s)
Lower
Income
Capacity
Moderate
Income
Capacity
Above
Moderate
Income
Capacity
Total
Capacity
Improvement
to Land Value
Ratio
Year
Built
HAYWARD 966 B ST 94542 428-0056-
057-00
CC-ROC DT-MS 40 110 0.17 Vacant YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
14 14 0.00 N/A
HAYWARD 685 A ST 94542 428-0046-
053-00
CC-ROC UC 40 110 0.08 Vacant YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
6 6 0.00 N/A
HAYWARD 685 A ST 94543 428-0046-
054-00
CC-ROC UC 40 110 0.08 Vacant YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
6 6 0.00 N/A
HAYWARD 685 A ST 94541 428-0046-
052-02
CC-ROC UC 40 110 1.92 Vacant YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
158 158 0.00 N/A
HAYWARD 25000

MISSION BLVD
94544 4450200-
012-04
SMU MB-CN 17.4 35 4.92 Vacant YES - Current YES - CityOwnedAvailable Not Used in Prior
Housing
Element
98 98 0.00 N/A
HAYWARD 25715

MISSION BLVD
94544 444-0078-
005-05
SMU MB-NN 17.4 65 2.85 Automobile
dealership -
Vacant
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
138 138 0.01 1984
HAYWARD 28900

MISSION BLVD
94544 078C0461-009-
01 SMU MB-CC 40 100 1.56 Automobile
dealership
YES - Current NO -
PrivatelyOwned
Available Not Used in
Prior
Housing
Element
116 116 0.29 N/A
Land Use
Draft Housing Element C-39
Table C Land Use
Zoning Designation
from Table A, Column G and
Table B, Columns L and N (e.g., "R-1") General Land Uses Allowed (e.g., "Low-Density Residential") MB-CN Medium Density Residential/Mixed-Use
MB-CC High Density Residential/Mixed-Use
MB-NN Medium High Density Residential/Mixed-Use
DT-MS High Density Residential/Mixed-Use
PD Planned Development
SMU High Density Residential/Mixed-Use
UN Medium High Density Residential/Mixed-Use
UC Very High Density Residential/Mixed-Use
City of Hayward
2023-2031 Housing Element Update
C-40
This page intentionally left blank.

Housing Plan
Draft Housing Element 6-1
Housing Plan
The Housing Plan identifies the City of Hayward’s housing goals, policies, and programs. The overall strategy is to present a balanced and diverse array of programs which address the main issue areas of construction, preservation of affordable housing, conservation of naturally occurring affordable housing, rehabilitation, and administration. Hayward’s Housing Plan includes the six following themes:

1. Preserving, Conserving, and Improving Existing Housing

2. Assisting in the Development of Affordable Housing

3. Providing Adequate Housing Sites

4. Removing Constraints on Housing Development

5. Housing for Persons with Special Needs

6. Equal Housing Opportunities for All Persons
The Housing Plan seeks to address community needs as identified in Appendix B, Housing Needs Assessment, governmental constraints as identified in Appendix D, Housing Constraints, and patterns of segregation and barriers that restrict access to opportunity for protected classes as identified in Appendix F, Fair Housing Assessment. Programs from the 2023-2031 Housing Element have been carried forward where applicable, as identified in Appendix E, Review of Past Accomplishments. The Housing Plan aligns with the work that the City has already completed and is planning as provided in the City’s Strategic Roadmap and other related plans for the coming years.

6.1 Goals Policies, and Programs
The goals and policies contained in the Housing Element address the identified housing needs in Hayward and are implemented through a series of housing programs. Housing programs define the actions the City will take to achieve specific goals and policies. Housing programs include programs currently in operation as well as new programs that address identified housing constraints and fair housing issues. This section provides a housing program description as well as qualitative and quantitative objectives for each program.

6.1.1 Preserving, Conserving, Improving, Existing Housing Stock Preserving, conserving and improving the housing stock helps maintain investment in the community and promotes affordable housing. A survey administered by the City indicated that 55 percent of survey participants rated the condition of their residents as “excellent” while 45 percent or participants had housing problems that would require minor to major rehabilitation. As described in Appendix F, Fair Housing Assessment Section 8.1, Housing Problems, most of the housing stock in Hayward is more than 30 years old. Typically, housing over 30 years old is more likely to have rehabilitation needs that may include new plumbing, roof repairs, foundation work, and other repairs. Some older housing units may have health risks such as lead paint and asbestos. Further, housing problems in Hayward disproportionately impact households of color. Preventing these problems from occurring and addressing them when they do occur protects the safety and welfare of residents and assists in meeting housing needs throughout Hayward, particularly the most vulnerable residents. The City will focus its efforts on rehabilitation, code enforcement, rental

ATTACHMENT III
City of Hayward
2023-2031 Housing Element Update
6-2
housing inspection, preserving existing affordable units, and implementing anti-displacement policies and programs to take a proactive approach to preserving, conserving and improving the current housing stock. An important part of preserving the existing affordable housing stock is ensuring that subsidized affordable housing units maintain their affordability and do not convert to market-rate units. Policies in this section focus on improving the existing housing stock and assisting in the preservation of affordable housing.

Goal H-1: Maintain and enhance the existing housing opportunities, viable housing stock and neighborhoods within Hayward.

Policies
H-1.1: Code Enforcement: The City shall enforce adopted code requirements that set forth the acceptable health and safety standards for the occupancy of housing units.

H-1.2: Preserve Affordable Single-Family Housing: The City shall preserve the existing singlefamily housing stock occupied by lower-income households by rehabilitating singlefamily, owner-occupied conventional and mobile homes.

H-1.3: Residential Rehabilitation: The City shall administer residential rehabilitation programs that assist lower-income households to ensure the safety and habitability of housing units and the quality of residential neighborhoods.

H-1.4: Preserve At-Risk Units and Naturally Occurring Affordable Housing: The City shall avoid the loss of publicly assisted and unassisted (“naturally occurring”) affordable housing units and the resulting displacement of low-income residents by providing funds, as available, to nonprofit developers to be used for the acquisition of subsidized housing developments at risk of converting to market rate units.

H-1.5: Funding for Accessibility Retrofits: The City shall provide funding to homeowners for home retrofits that improve accessibility.

Program H-1: Minor Home Repair Program
The Minor Home Repair Program provides rehabilitation grants up to $10,000 to qualified lowerincome households, including elderly and/or disabled homeowners, to make minor home repairs to address health and safety problems, correct code deficiencies, and improve the exterior appearance of homes. Priority will be given to work that corrects health and safety issues, and to accessibility modifications for people who have disabilities.

Actions Objective and Timeframe
Action 1.1: Provide housing rehabilitation assistance to lower-income, elderly, and/or disabled households.

Annually assist ten households with larger
repairs and 40 households with smaller repairs.

Action 1.2: Continue existing partnerships with nonprofit housing rehabilitation agency Rebuilding Together Oakland/East Bay and Habitat for Humanity East Bay/Silicon Valley to provide property rehabilitation assistance to targeted Hayward homeowners.

Ongoing.

Action 1.3: Disseminate information regarding rehabilitation standards, preventative maintenance, and energy conservation measures to eligible homeowners.

Maintain current information on the City’s
website and disseminate to at least 100
qualified homeowners annually.

Implements the Following Policies H-1.2, H-1.5, H-1.3, H-2.5 Responsible Agency City Manager’s Office
Funding Sources CDBG
Housing Plan
Draft Housing Element 6-3
Program H-2: Residential Rental Inspection Program
The Residential Rental Inspection Program safeguards the stock of safe, sanitary rental units within the city and protects persons entering or residing in rental units through systematic inspection of rental housing throughout the city. The program focuses attention on rental housing in higherdensity areas with priority given to units displaying signs of substandard conditions. Properties outside higher-density areas are routinely monitored for indicators of substandard conditions unless they are the subject of a complaint and prioritized for inspection. All rental units are subject to inspection. The program has a goal of inspecting units once every five years. In addition to an annual per-unit fee, fees are charged for every unit in which a violation is found. Penalties are also assessed for lack of timely correction of violations.

Actions Objective and Timeframe
Action 2.1: Systematically inspect rental units throughout the city to safeguard the stock of safe, sanitary rental units within the city and protect persons entering or residing in rental units.

Annually inspect 250 single-family homes and 750
multi-family units. Focus attention on rental
housing in higher density areas with the goal of
inspecting these units every three to four years.

Action 2.2: Amend the Hayward Municipal Code (HMC) to comply with Section 17970.5 of the California Health and Safety Code requiring that upon a rental tenant complaint, the respective landlord a) conducts a mandatory inspection and b) specifies specific actions that can be taken to mitigate any hazards present.

Amend the HMC by January 2025.

Action 2.3: Disseminate information to residents about the mandatory rental inspections and up to-date information on the City’s adopted laws and regulations specific to housing.

Maintain current information on the City’s website
and disseminate to at least 100 qualified
homeowners annually.

Action 2.4: Provide annual trainings during the planning period to improve capacity of Code Enforcement staff to work with diverse communities, in a culturally competent manner with a focus on problem solving and with connections to social and economic support services.

Begin providing annual trainings to staff by 2024.

Implements the Following Policies H-1.1, H-1.2, H-1.3
Responsible Agency Development Services
Funding Sources General Funds
Program H-3: Preservation of At-Risk Affordable Housing This program is intended to support the preservation or acquisition of restricted affordable units and unrestricted affordable units that could potentially convert to market-rate units during the planning period. The City will monitor all units and assist property owners in maintaining the affordability of these units and assist tenants if preservation is unsuccessful.

Actions Objective and Timeframe
Action 3.1: Monitor the status of the five projects and 295 units at risk of conversion to market-rate units during the planning period and seek to preserve these affordable units for extremely low-income households and very low-income households. The five projects include:
 Hayward Villa
 Josephine Lum Lodge
 Sycamore Square
Annually.

City of Hayward
2023-2031 Housing Element Update
6-4
Actions Objective and Timeframe
 Wittenberg Manor II
 Weireb Place
Action 3.2. Reach out to property owner to inquire about their plans for the property with the expiring regulatory controls and assess the risk of loss of affordable housing units.

Send correspondence to property owner three
years prior to termination of regulatory controls.

Objective is to ascertain risk of loss of affordable
units and identify if the City as resources to
preserve the units.

Action 3.3: Inform property owners of their obligation to comply with noticing requirements stipulated under state law to ensure that qualified non-profit entities from the State’s qualified entities list are informed of the opportunity to acquire the affordable property and that tenants are informed about their rights and potential resources. If the property was built before July 1, 1979, inform property owner that rent increase limits stipulated in the City’s Residential Rent Stabilization Ordinance will apply post conversion to market rate.

Send notice to property owner three years prior to
potential project conversion. Provide follow-up
with contacts one year and six months prior to
conversion if property owner fails to comply.

Objective is to ensure qualified non-profit entities
are notified of acquisition opportunities and to
ensure tenants are aware of the impending
changes.

Action 3.4: Contingent of funding availability, in the event that a property is scheduled for conversion, contact property owner regarding funding availability. If the property owner intends to sell the property encourage sale to a qualified non-profit entity.

Inform property owner three years prior to
potential project conversion whether funding is
available to preserve the affordability restrictions.

The objective is to incentivize the sale to a qualified non-profit entity.

Action 3.5: Include naturally affordable housing at risk of conversion to higher rates as an eligible project type for funding under the City’s Notice Of Funding Availability (NOFA) to preserve these units through long-term affordability covenants as a condition of funding.

Subject to availability of Inclusionary Housing Trust
funds, issue NOFA at least once during compliance
period and establish an affordable housing
development pipeline inclusive of project that
convert market rate housing to affordable housing.

Action 3.6: Support qualified affordable housing developers that acquire and convert naturally occurring affordable housing to restricted affordable housing meet state or federal funding application requirements that subject to City review or support.

The City may choose not to support projects that pose a high risk of displacement of existing tenants.

On a case-by-case basis.

Action 3.7: As necessary, provide technical assistance to tenants to access other affordable housing resources.

Ongoing on a case-by-case basis.

Implements the Following Policies H-1.4, H-6.4
Responsible Agency Development Services, City Manager
Funding Sources HOME, Inclusionary Housing In-Lieu Fees, Housing Choice Vouchers, and other federal and state
housing funds

6.1.2 Assisting in the Development of Affordable Housing Providing affordable housing is essential for a healthy community. Seeking funding from varied sources increases the opportunities for the development of affordable housing units. The City works with both non-profit and for-profit developers in the production of affordable for-sale and rental housing. Recognizing a variety of housing needs, the City supports the development of affordable housing opportunities ranging from creation of rental housing that meets the needs of extremely low, very low, and low income households to creation of ownership housing for lower and moderate income households to improve housing stability, help instill a pride of ownership, and increase wealth building opportunities.

Housing Plan
Draft Housing Element 6-5
Goal H-2: Assist in the provision of housing that meets the needs of all socioeconomic segments of the community.

Policies
H-2.1: Homeownership Housing: The City shall encourage the development of ownership housing and assist tenants to become homeowners to increase owner occupancy rate within the parameters of federal and state housing laws.

H-2.2: Provide Incentives for Affordable Housing: The City shall promote the use of density bonuses and waive or reduce park, transportation and other impact fees to facilitate the development of new housing for extremely low-, very low-, and low-income households.

H-2.3: Inclusionary Housing: The City shall enforce the Inclusionary Housing Ordinance to ensure that a certain percentage of new residential units will be made affordable to lower- and moderate-income households or to ensure the payment of affordable housing in-lieu fees to subsidize the development of affordable housing.

H-2.4: Integration of Affordable Housing: The City shall encourage a mix of affordability levels in residential projects and encourage the dispersal of such units to achieve greater integration of affordable housing throughout the community.

H-2.5: Partnership with Affordable Housing Developers: The City shall maintain a funding process to award affordable housing in-lieu fees to affordable housing builders to support the development of affordable housing
H-2.6: Financial Assistance: The City shall identify new funding sources and strategies to support affordable housing.

Program H-4: Affordable Housing Development Assistance
The City of Hayward is committed to increasing the supply of affordable housing. The City will prioritize households at the extremely low-income level and seek new funding opportunities and partnerships to greater improve housing conditions amongst the vulnerable and lower-income communities.

Actions Objective and Timeframe
Action 4.1: Partner with qualified housing developers to identify affordable housing development opportunities with emphasis on promoting housing choices that serve the
needs of special needs populations, including seniors,
homeless, female-headed households, large families, lowincome, and/or persons with disabilities.

Subject to availability of Inclusionary Housing Trust
funds, issue NOFA at least once during compliance
period and establish and affordable housing
development pipeline of at least three affordable
housing projects.

Action 4.2: Monitor availability of State and federal funding and support developers with their applications for state and other local development incentives and funding programs that provide financial assistance to develop affordable housing for special needs populations.

Annually, review proposed development budgets and
schedules for City funded affordable housing projects to identify the need for City support with funding
applications. Upon request, provide support for non-city funded affordable housing development project.

Action 4.3: Subject to funding availability, provide
development subsidy for at least three affordable housing developments. Prioritize subsidy for financing for rental housing units affordable to lower-income households and households with special needs and projects that promote the City’s goals relating to transit-oriented development and Assist in the development of at least 200 lower income
units over the eight-year planning period.

City of Hayward
2023-2031 Housing Element Update
6-6
Actions Objective and Timeframe
jobs/ housing balance.

Action 4.4: Use state, federal, and local In-Lieu Fees to reimburse the cost of land for the development of extremely low-, very low-, low-, and moderate-income housing.

Any development subsidy awarded to affordable
housing developers can be applied to acquisition costs
at the time the project closes all project funding
Action 4.5: Subsidize the development of affordable housing through disposition of City-owned land where feasible and provision of development subsidy when available.

Support at least two affordable housing developments
on City owned land during the planning period.

Implements the Following Policies H-2.4, H-2.5, H-2.6, H-3.10 Responsible Agency Development Services, City Manager
Funding Sources State and federal funds, local funds (In-Lieu Fees, General Fund)
Program H-5: Density Bonus
Consistent with State law (Government Code Sections 65915 through 65918), the City offers residential density bonuses as a means of encouraging affordable housing development. In exchange for setting aside a portion of the development as units affordable to lower- and moderate-income households, developing senior or student housing or installing on-site childcare, the City shall grant a density bonus over the otherwise allowed maximum density, a reduction in parking standards, up to four regulatory incentives or concessions and unlimited waivers to development standards. These units must remain affordable for a period of no less than 55 years and each project must enter into an agreement with the City to be monitored by the Housing Services Division for compliance.

The density bonus increases with the proportion of affordable units set aside and the depth of affordability. For market-rate projects, the maximum density bonus a developer can receive currently is 50 percent when a project provides 15 percent of the units for very low-income households, 24 percent for low-income households, or 44 percent for moderate-income households. 100 percent affordable housing projects can receive up to 80 percent increase in density or unlimited density when the project is within ½ mile of major transit. Incentives and regulatory concessions may include, but are not limited to, fee waivers, reduction or waiver of development standards, in-kind infrastructure improvements, an additional density bonus above the requirement, mixed-use development where it normally wouldn't be permitted, or other financial or regulatory incentives or concessions.

Actions Objective and Timeframe
Action 5.1: Ensure that housing developers are informed about the City’s density bonus program during pre‐development conferences, inquiries, and at application and highlight the additional development potential available.

Ongoing on a case-by-case basis.

Action 5.2: Update the Density Bonus Ordinance to bring it into compliance with State Law and remove the requirement for Planning Commission approval of Density Bonus applications. Through the update process.

Adopt updated Density Bonus Ordinance by
June 2023.

Action 5.3: As part of Density Bonus Ordinance update, discuss incentives and concessions with qualified housing developers to determine if increasing density bonus for market-rate projects beyond state law is appropriate for Hayward.

Meet with four qualified housing developers
annually. Adopt updated Density Bonus
Ordinance by June 2023.

Housing Plan
Draft Housing Element 6-7
Actions Objective and Timeframe
Action 5.4: Provide technical assistance to developers on how to use the Density Bonus incentives.

Maintain current information on the City’s
website and publish informational bulletin by
September 2023.

Implements the Following Policies H-2.2, H-2.4, H-3.1
Responsible Agency Development Services
Funding Sources General Fund
Program H-6: Inclusionary Housing
Inclusionary housing regulations help increase the availability of affordable housing stock in the city.

Hayward’s Inclusionary Housing program requires that a certain percentage of new residential developments units be made affordable to very low-, low- and moderate-income households, depending on whether the project is intended as ownership or rental housing. Having these programs for inclusionary requirements in place proactively as new markets for investment emerge through the city can serve as a program to mitigate displacement and meet the needs of vulnerable populations. The inclusionary housing ordinance specifies the following:

Affordable Rental Units
A total of six percent of the units must be affordable at the following income levels:
 50 percent of affordable units restricted at very low-income.  50 percent of affordable units at low-income.

Affordable Ownership Units
 Ten percent of the units must be made affordable to moderate-income households.

Developers may also pay an affordable housing in-lieu fee as an alternative to providing affordable units. These fees are placed in the City’s Affordable Housing Trust Fund and are used to fund affordable housing development.

Actions Objective and Timeframe
Action 6.1: Complete a new feasibility study to determine the appropriate on-site affordable housing requirements and fees for rent and ownership of residential units that appropriately reflect market conditions.

Complete feasibility study by June 2023.

Action 6.2: Based on the findings of the feasibility study, modify the ordinance as necessary to maximize production of affordable units without adversely affecting market‐rate development.

Modify the ordinance by January 2024.

Action 6.3: Following the adoption of the modifications to the Affordable Housing Ordinance, monitor the effectiveness of the current Inclusionary Housing Program to determine if modifications would be necessary. Conduct a subsequent feasibility study if monitoring results in findings that ordinance may not be maximize production of affordable units or may be adversely affecting market‐ rate development.

Assess program by January 2027
Implements the Following Policies H-2.3, H-2.4
Responsible Agency Development Services, City Manager.

Funding Sources General Fund; In-Lieu Fees
City of Hayward
2023-2031 Housing Element Update
6-8
Program H-7: Housing Choice Vouchers
The Housing Choice Voucher (HCV) Program is the federal government's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. This program is administered by the Housing Authority of the County of Alameda (HACA). Under this program, very low-income renters receive supplemental assistance for rent so they can afford standard housing without becoming rent burdened.

Since housing assistance is provided on behalf of the family or individual, participants can find their own housing, including single-family homes, townhouses, and apartments. The participant is free to choose any housing that meets the requirements of the program and is not limited to units located in subsidized housing projects. A family that is issued a voucher is responsible for finding a suitable housing unit of the family’s choice where the owner agrees to rent under the program. This unit may include the family's present residence. Rental units must meet minimum standards of health and safety, as determined by HACA. A housing subsidy is paid to the landlord directly by the HACA on behalf of the participating family. The family then pays the difference between the actual rent charged by the landlord and the amount subsidized by the program.

Actions Objective and Timeframe
Action 7.1: Cooperate with the HACA to provide tenant-based rental assistance through.

Assist approximately 1,844 households
through Section 8 Vouchers during the
planning period.

Action 7.2: Refer Housing Choice voucher holders to a list of properties compiled by HACA that actively participating in the Housing Choice Voucher Program throughout the housing cycle.

Ensure Hayward Housing Staff is aware of the
HACA “For Rent” directory.

Action 7.3: Provide outreach and education to potential tenants and landlords/property management regarding State law that prohibits housing discrimination based on source of income, including public subsidies.

Annually conduct one workshop for tenants
and one workshop in multiple languages for
landlords.

Action 7.4: Disseminate information on HCV opportunities offered by HACA through the City website, newsletters, and brochures at public counters.

Publish material on the City’s website by June
2023.

Action 7.5: Provide support to HACA as necessary to seek additional funding that can be used, in addition to Housing Choice Voucher funds, to provide subsidies to lower‐income households to bring monthly rents in line with affordability guidelines.

Upon request by HACA.

Action 7.6: In collaboration with HACA, provide education to property owners and managers to expand awareness of the Housing Choice Voucher program in an effort to increase acceptance of tenant-based Housing Choice Vouchers and to facilitate mobility and provide choices for lower-income households throughout the city.

Annually conduct one workshop for tenants
and one workshop for landlords in multiple
languages.

Action 7.7: Inform HACA of affordable homeownership opportunities to provide participants of the Family Self-Sufficiency Program the opportunity to transition from renter to homeowner and begin to build assets.

Identify the appropriate contact at HACA to
disseminate information to participants by
June 2023. Send information about
application process for affordable
homeownership opportunities as they
become available.

Implements the Following Policies H-2.4, H-2.5, H-2.6
Responsible Agency Alameda County Department of Housing and Community Development.

Funding Sources HUD
Housing Plan
Draft Housing Element 6-9

6.1.3 Providing Adequate Sites
A major part of meeting the housing needs of all segments of the community is the provision of adequate sites to facilitate the development of all types, sizes, and prices of housing throughout the City. Persons and households of different ages, types, incomes, and lifestyles have a variety of housing needs and preferences that evolve over time and in response to changing life circumstances. Providing an adequate supply and diversity of housing accommodates changing housing needs of residents. The Hayward General Plan, Zoning Ordinance, and various design/concept plans establish where and what types of housing may locate in the city. To provide adequate housing and maximize use of limited land resources, new development should be constructed at appropriate densities that maximize the intended use of the land.

Goal H-3: Provide suitable sites for housing development that can accommodate a range of housing by type, size, location, price, and tenure.

Policies
H-3.1: Diversity of Housing Types: The City shall continue to implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low-density single family uses, moderate-density townhomes, and higherdensity apartments, condominiums, transit-oriented developments, live-work units, Accessory Dwelling Units (ADUs), and units in mixed-use developments.

H-3.2: Transit-Oriented Development: The City shall encourage transit-oriented developments in close proximity to BART and high frequency bus lines.

H-3.3: Sustainable Housing Development: The City shall promote sustainable housing practices that incorporate a “whole system” approach that considers sustainable siting, design, and construction of housing that is integrated into the building site, consuming less water, improving water quality, reducing energy use and the use of other resources, and minimizing development impacts on the surrounding environment.

H-3.4: Residential Uses Close to Services: The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.

H-3.5: Compatible Development of Underutilized Sites: The City shall encourage compatible residential development in areas with underutilized land.

H-3.6: Flexible Standards and Regulations: The City shall allow flexibility within the City’s standards and regulations to encourage a variety of housing types.

H-3.7: Facilitate Lot Consolidation: The City shall facilitate lot consolidation to encourage the development of housing on infill sites.

H-3.8: Adaptive Reuse: The City shall support innovative strategies for the adaptive reuse of residential, commercial, and industrial buildings to provide for a variety of housing types and residential uses.

H3.9: No Net Loss Zoning: The City shall make findings related to the potential impact on the City’s ability to meet its share of the regional housing need when approving discretionary entitlements to rezone residentially designated properties or develop a residential project with fewer units or at a higher income than what is assumed for the site in the Housing Element Sites Inventory, consistent with “no-net-loss” zoning requirements in Government Code Section 65863.

City of Hayward
2023-2031 Housing Element Update
6-10
H3.10: Residential Sites Inventory: Maintain a vacant and underutilized residential sites inventory and assist residential developers in identifying land suitable for residential development.

Program H-8: Ensure Adequate Sites to Accommodate Regional Fair Share of Housing Growth
The City was allocated a RHNA of 4,624 units for the 2023-2031 Housing Element planning period.

With anticipated pipeline projects and projected ADUs, a total 2,215 units can be credited toward the City’s RHNA. The remaining 2,409 RHNA units (950, 639 moderate, and 820 above moderateincome units) must be accommodated through adequate sites planning. The sites inventory capacity analysis found that existing land use designations can accommodate the RHNA on vacant and underutilized land (see Appendix C, Housing Resources, for more information). Future residential growth is expected to occur primarily on vacant and nonvacant parcels in the Downtown Specific Plan area and Mission Boulevard corridor and on the former Caltrans Route 238 corridor.

Actions Objective and Timeframe
Action 8.1: Maintain an updated inventory of housing sites and actively promote sites available for lower- and moderate-income housing development to potential developers, private and non-profit organizations, and other interested persons and organizations. Post such information on the City’s website and update as necessary to maintain accurate information.

Publish on the City’s website by June 2023
and update annually as needed.

Action 8.2: Maintain an updated list of residential housing developments that have been submitted, approved, and denied throughout the housing cycle.

Publish by June 2023 and update annually as
part of the Annual Progress Report (APR).

Action 8.3: Comply with California law regarding reporting requirements including, without limitation, annual reporting in accordance with Government Code Section 65400.

Annually as part of the APR.

Action 8.4: Provide technical assistance and information on available parcels for lower-income developments to private or non-profit housing providers. Technical assistance includes land development counseling by City planners.

Provide technical assistance at the City’s
Permit Center Monday through Thursday
from 9 am to 1 pm. Accept electronic
correspondence and respond within two to
three business days.

Action 8.5: Maintain a list of publicly owned properties with potential for residential development
Publish on the City’s website by June 2023.

Implements the Following Policies H-3.5, H-3.10
Responsible Agency Development Services
Funding Sources General Fund
Program H-9: No Net Loss Zoning
Government Code Section 65863, otherwise known as “No Net Loss” law, prevents the loss of existing housing and land available for future residential development by ensuring that cities and counties “identify and make available” additional adequate sites if a housing project is approved with fewer units by income category than what is identified in the Housing Element. In compliance with State law, the City will expand and improve upon the ongoing no net loss efforts to develop a procedure to track:
 Unit count and income/affordability assumed on parcels included in the sites inventory Housing Plan
Draft Housing Element 6-11
 Actual number of units achieved and income/ affordability when parcels are developed  Net change in capacity and summary of remaining capacity in meeting remaining RHNA Unit count and income/affordability are identified in the Sites Inventory (see Appendix C).

Actions Objective and Timeframe
Action 9.1: Implement a monitoring program that evaluates the current capacity of housing sites on the Sites Inventory for all income levels throughout the duration of the planning period to ensure the City remains on track towards satisfying its RHNA target. Should an approval of development result in a shortfall of sites to accommodate the City’s remaining RHNA requirements, the City will identify and, if necessary, rezone sufficient sites within 180 days to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA.

Implement program by January 2025.

Action 9.2: Maintain an administrative list of additional sites with appropriate zoning that can be added to the City’s Sites Inventory if and when an analysis provided through Action 9.1 or the Annual Progress Report indicates that sufficient sites may not exist to accommodate the City’s remaining RHNA, by income level, for the planning period.

Create list by June 2023 and update annually
as needed.

Implements the Following Policies H-3.1, H-3.5, H-3.10
Responsible Agency Development Services
Funding Sources General Fund
Program H-10: Replacement Housing
Pursuant to AB 1397 (Adequate Sites) passed in 2017, the City will amend the Zoning Code to require the replacement of existing residential units on nonvacant RHNA sites as a condition of project approval for development. Specifically, sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control, or occupied by low- or very low-income households, shall replace those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall also be consistent with those set forth in the State Density Bonus Law.

Actions Objective and Timeframe
Action 10.1: Amend the Zoning Code to establish the replacement requirements pursuant to AB 1397.

Amend HMC by January 2025.

Implements the Following Policies H-3.9, H-6.3
Responsible Agency Development Services
Funding Sources General Fund
Program H-11: By-Right Approval for Projects with 20 Percent Affordable Units Pursuant to AB 1397 (Adequate Sites) passed in 2017, the City will allow by-right approval process for housing development that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle RHNA if the site were:
 A vacant site for RHNA identified in the previous two Housing Element cycles  A nonvacant site for RHNA identified in the previous one Housing Element cycle City of Hayward
2023-2031 Housing Element Update
6-12
 A site rezoned for RHNA after the statutory deadline of the current Housing Element cycle By-right approval means the jurisdiction shall not require:
 A Site Plan Review, Administrative or Conditional Use Permit  A Planned Development District or
 Other discretionary, local-government review or approval that would constitute a “project” as defined in Section 21100 of the Public Resources Code (California Environmental Quality Act “CEQA”)
The Sites Inventory includes four nonvacant opportunity sites that would be subject to by-right approval.

Actions Objective and Timeframe
Action 11.1: Amend HMC to implement a by-right approval process pursuant to Government Code Section 65583. Amend HMC by January 2025.

Implements the Following Policy H-3.9
Responsible Agency Development Services
Funding Sources Departmental Budget
Program H-12: Adaptive Reuse
The City has numerous older commercial buildings that are no longer being occupied by the highest and best uses or compatible uses with its surrounding neighborhoods. The economic impacts of the COVID-19 pandemic have further accelerated the decline of these properties. The City will pursue amendments to HMC to establish alternative building regulations for the conversion of existing buildings to other uses.

Actions Objective and Timeframe
Action 12.1: Evaluate, and if appropriate, amend the HMC to remove potential constraints for adaptive reuse, such as review/approval process and minimum parking standards.

Evaluate the HMC by June 2024 and, if
necessary, revise HMC within one year.

Action 12.2: Promote adaptive reuse to property owners and interested developers through public outreach.

Publish material on the City’s website by
June 2023.

Implements the Following Policy H-3.8
Responsible Agency Development Services
Funding Sources Departmental Budget
Program H-13: Variety of Housing Types
Government Code Sections 65583 and 65583.2 require the housing element to provide for a variety of housing types including multifamily rental housing, factory-built housing, mobile homes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. Providing development opportunities for a variety of housing types promotes diversity in housing price, style, and size, and contributes to neighborhood stability by offering more affordable and move-up homes and accommodating a diverse income mix.

Housing Plan
Draft Housing Element 6-13
Actions Objective and Timeframe
Action 13.1: Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock. This may include allowing shelters, transitional housing and tiny homes with wraparound services on site at churches, social services agencies/nonprofits that do this work in the community and on publicly owned land.

Explore options by January 2025 and amend
the HMC as needed.

Action 13.2: Review all residential zoning districts and land use designations to determine feasibility for additional development in lowdensity neighborhoods. Amend the HMC to allow, by right or via streamlined review process, a mix of dwelling types and sizes, specifically missing middle housing types (e.g., duplexes, triplexes, fourplexes, courtyard buildings) in lower-density residential areas.

Complete review by January 2025 and, if
necessary, amend HMC within one year.

Implements the Following Policy H-3.1
Responsible Agency Development Services
Funding Sources Departmental Budget

6.1.4 Removing Constraints on Housing Development
Pursuant to State law, the City is obligated to address, and where legally possible, remove governmental constraints affecting the maintenance, improvement, and development of housing.

Removing constraints on housing development can help address housing needs in the city by expediting construction and lowering development costs.

Goal H-4: Mitigate any potential constraints to housing production and affordability to the greatest extent feasible.

Policies
H-4.1: Clear Development Standards and Approval Procedures: The City shall strive to create and administer clear objective development standards and streamlined approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters.

H-4.2: Offer Development Incentives: The City shall offer financial and/or regulatory incentives, such as density bonuses and fee reductions, deferrals, or waivers, where feasible, to reduce the costs and/or to remove impediments to developing affordable housing.

Program H-14: Development Incentives
Jurisdictions can provide a variety of incentives to encourage development of affordable housing and other projects that meet community needs. The City shall incentivize both market-rate and affordable housing production to address the State’s housing shortage and high housing costs.

Topics to incentivize housing production include:
 Policies related to zoning and housing approvals
 Accessory dwelling units
 Large sites
 Lot consolidation
City of Hayward
2023-2031 Housing Element Update
6-14
 Impact fee deferrals, waivers and fee transparency
 Funding sources
 Public land disposition
 Streamlining the approval process
Actions Objective and Timeframe
Action 14.1: Create “Package of Incentives” that identifies the benefits of providing on-site affordable housing
Create by January 2025.

Action 14.2: Evaluate the effectiveness and appropriateness of available incentives in encouraging development of identified sites, particularly for housing affordable to lower-income households in moderateresource areas with available land for multi-family residential opportunities and report back to appropriate Task Force(s) and City Council on a bi-annual basis. If incentives are not effective in encouraging and facilitating affordable housing development, the City will reassess to develop alternative strategies to incentivize development.

Report on housing programs and incentives
to housing production included in the
Strategic Roadmap and Incentives to Housing
Production Work Plan Program twice a year
and update if necessary.

Action 14.3: Encourage land divisions and specific plans of large sites resulting in parcels sizes that facilitate multifamily developments affordable to lower-income households.

Ongoing on a case-by-case basis.

Action 14.4: Promote incentives to interested developers and provide technical assistance regarding the potential use of various incentives through pre-application meetings.

Ongoing on a case-by-case basis.

Action 14.5: Meet with qualified affordable housing developers to promote the use of regulatory incentives and development of inventory sites.
. Regularly meet with developers at the City’s
Permit Center Monday through Thursday
from 9 am to 1 pm. Accept electronic
correspondence and respond within two to
three business days.

Implements the Following Policies H-2.2, H-4.2
Responsible Agency Development Services
Funding Sources General Fund
Program H-15: Lot Consolidation
This program aims to expand opportunities for additional affordable housing developments. The City will encourage the consolidation of small parcels to facilitate larger-scale developments that are compatible with existing neighborhoods.

Actions Objective and Timeframe
Action 15.1: Make available an inventory of vacant and nonvacant properties to interested developers and identify sites where potential consolidation can occur based on current site usage and ownership.

Publish to the City’s website by June 2023.

Action 15.2: Facilitate lot consolidation by providing appropriate technical assistance to developers to encourage negotiations between property owners.

Ongoing on a case-by-case basis.

Implements the Following Policies H-3.7, H-3.10
Responsible Agency Development Services
Funding Sources General Fund
Housing Plan
Draft Housing Element 6-15
Program H-16: Expedited Project Review
The City continues to improve the efficiency of the development review process. As a response to the housing shortage in the State of California, Government Code Section 81560 was amended to restrict local rules that limit housing production. Amendments to Government Code Section 81560 changed the Permit Streamlining Act by creating a more ministerial, rather than discretionary, twostep application process. The City will continue to identify efficiencies for the development process in line with Government Code Section 81560 and further streamline the permit process. The City will also coordinate with developers to ensure a timely application and development process.

Actions Objective and Timeframe
Action 16.1: Continue to offer free Pre-Application Review process for developers or applicants that submit a planning application. This serves as a “free” first submittal so developers can see any major costs or issues with the proposed development without spending money.

Ongoing on a case-by-case basis.

Action 16.2: Expedite review for the subdivision of larger sites into buildable lots when development application is consistent with the General Plan, applicable specific plan, and master environmental impact report.

Ongoing on a case-by-case basis.

Action 16.3: Assess existing processes to investigate additional review processes may be delegated to a streamlined, ministerial review for projects that include a percentage of affordable housing units.

Develop recommendations
by January 2025 and, if necessary, revise the
process within one year.

Action 16.4: Identify new or improved data and technology solutions to support faster development project review and greater access to housing and land use information such as online dashboards and other publicly accessible online resources.

Ongoing.

Action 16.5: Upzone approximately 1,558 Single Family District properties that have a higher density General Plan land use designation and develop Objective Design Criteria for residential development to streamline the development review process, allow missing middle housing and small lot single family development without requiring Zone Change to Planned Development District.

This process is currently underway through a
Senate Bill 2 grant. Anticipate rezoning and
adoption of new objective standards by
December 2023.

Implements the Following Policies H-3.2, H-3.3, H-3.4, H-3.6 Responsible Agency Development Services
Funding Sources General Fund & Senate Bill 2 grant
Program H-17: Accessory Dwelling Unit Program
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) represent an important opportunity to create more affordable housing for lower and moderate-income households. The State has passed multiple bills in recent years to remove constraints to the development of ADUs and JADUs (including AB 587, AB 671, AB 68, and SB 13, among others). The City’s current ADU regulations do not comply with state law. However, the City has developed an ADU/JADU Frequently Asked Questions fact sheet and streamlined Checklist based on State Law to facilitate the review and approval of J/ADUs. Further, in 2021, the City combined Planning and Building permit review in order to minimize review time for JADUs. The City will monitor ADU development trends and new legislation to update the HMC to comply with changes in ADU and JADU law. This program aims to annually monitor provisions made to ADU legislation and amend the City’s Zoning Ordinance as necessary to ensure compliance with state law.

City of Hayward
2023-2031 Housing Element Update
6-16
Actions Objective and Timeframe
Action 17.1: Pursue mechanisms to facilitate the construction of ADUs, including but not limited to:
 pre-approved standards for ADU foundation plans or prefabricated plans.
 Refer property owners to programs that assist lower and moderateincome homeowners in constructing ADUs  Consider expanding/extending fee waivers for ADUs beyond state law
Facilitate the development of 320 ADUs over
the planning period. Initiate efforts in 2023.

Action 17.2: Perform a review of ADU trends and commit to adjustments if assumptions are not met. If the City is not meeting ADU goals, implement additional action(s) depending on the severity of the gap. Additional actions could include consideration of public outreach efforts, ADU incentives, and/or rezoning to bridge the gap. Encourage equitable distribution of ADU development throughout the City through targeted outreach. Monitor review times for ADU and JADU permit applications and explore ways to streamline review.

Review ADU trends every two years starting
in 2023.

Action 17.3: Provide informational workshop(s) and/or publish resources on City’s website on building ADUs and JADUs. Target outreach to property owners in low- and moderate-resource areas and provide workshops and materials in English and Spanish.

Publish material on the City’s website by
June 2023 and facilitate one workshop
annually in multiple languages.

Implements the Following Policy H-3.1
Responsible Agency Development Services
Funding Sources Departmental budget
Program H-18: Duplexes and Lot-Splits
In 2021, SB 9 was passed to allow for the ministerial approval of certain housing development projects containing up to two dwelling units (i.e., duplexes) on a single-family zoned parcel. In addition to permitting two units on a single-family lot, SB 9 allows qualifying lot splits to be approved ministerially (i.e., without discretionary review or hearings) pursuant to a parcel map, upon meeting a number of criteria. SB 9 is designed to increase the housing stock in single-family residential zones, as it allows not only two dwelling units per parcel, but also certain lot splits with two housing units on each. The City will implement a monitoring program that evaluates the current capacity of housing sites for all income levels throughout the duration of the planning period.

Actions Objective and Timeframe
Action 18.1: The City will amend the HMC to address the requirements of SB 9. Amend the HMC by January 2025.

Action 18.2: Monitor state law and SB 9 projects in the City to:
 Monitor who is utilizing this process
 Identify how many units are being created
 Identify what barriers exist to implementation of SB 9 and what solutions can be developed to address those barrier
 Encourage equitable distribution of such development throughout the City through targeted workshops and outreach
Begin monitoring in January 2024.

Implements the Following Policies H-3.1, H-3.5, H-3.6
Responsible Agency Community Development
Department/Planning
Funding Sources General Fund
Housing Plan
Draft Housing Element 6-17

6.1.5 Housing For Persons with Special Needs
The City of Hayward is a diverse community with people of all backgrounds, lifestyles, family types, and income levels. Many residents also have special housing needs. State law requires the housing element to address the needs of specific special needs groups, including seniors, persons with disabilities, large families with children, female-headed households, and individuals experiencing homelessness. Meeting the needs of these residents requires a broad range of strategies for housing and other services.

Goal H-5: Provide housing choices that serve the needs of special needs populations, including seniors, homeless, female-headed households, large families, and persons with disabilities, including developmental disabilities.

Policies
H-5.1: Address Special Housing Needs: The City shall address the housing needs of special populations and extremely low-income households through emergency shelters, transitional housing, and supportive housing.

H-5.2: Housing and Supportive Services: The City shall promote housing and supportive services for households with special needs including seniors, persons with disabilities, single parents, and individuals experiencing homelessness.

H-5.3: Reasonable Accommodation: The City shall continue to implement a reasonable accommodation process for persons with disabilities to request exceptions or modifications of zoning, permit processing, and building regulations to ensure housing is accessible.

H-5.4: Support Alameda County Continuum of Care Council: The City shall support the efforts of the Alameda Countywide Continuum of Care Council in its efforts to meet the needs of homeless families and individuals.

H-5.5: Support Organizations Serving the Homeless Community: The City shall support the efforts of non-profit and community organizations that provide emergency shelter and other assistance for the homeless population, including alcohol and drug recovery programs.

H-5.6: Range of Housing for Seniors: The City shall facilitate and encourage the development of a range of housing types for seniors from which support services are readily accessible.

H-5.7: Family Housing: The City shall facilitate and encourage the development of larger rental and ownership units for families with children, including lower- and moderate-income families, and the provision of services such as childcare and after-school care when feasible.

H-5.8: Universal Design Standards: The City shall implement universal design standards or guidelines that promote accessibility for everyone regardless of age or physical ability.

City of Hayward
2023-2031 Housing Element Update
6-18
Program H-19: Housing for Special Needs Populations
The HMC is periodically updated to address a wide range of issues and California and federal law.

The City will continue to monitor its policies, standards, and regulations to ensure that they comply with applicable law. The City will also facilitate development that serves the needs of special needs populations, including seniors, homeless, female-headed households, large families, and persons with disabilities, including developmental disabilities.

Actions Objective and Timeframe
Action 19.1: Provide technical assistance for development of opportunity sites near commercial and civic services and public transit for senior housing development.

On a case-by-case basis
Action 19.2: Develop incentives for the provision of childcare in multifamily housing projects. Incentives could include parking reductions and density bonuses.

Develop incentives January 2025.

Action 19.3: Prioritize funding awards for affordable housing projects that provide units that serve the needs of at least one special needs group by creating scoring criteria that encourage the inclusion of units and services needed to support individuals with special needs.

Subject to availability of Inclusionary Housing
Trust funds, issue NOFA at least once during
compliance period and establish and
affordable housing development pipeline of
at least 3 affordable housing projects.

Action 19.4: Provide financial support to organizations such as Project Independence, Covenant House or other programs to provide a continuum of supportive and transitional services, including tenantbased rental assistance, to emancipated youth in Alameda County (youth from 18 to 24 who have aged out of the foster care system).

Annually provide ten transition age youth
with a housing subsidy.

Action 19.5: Assess the City’s capacity to accommodate individuals experiencing homelessness by comparing the most recent homeless point-in-time count to the number of shelter beds available on a yearround and seasonal basis, the number of beds that go unused on an average monthly basis, and the percentage of those in emergency shelters that move to permanent housing. If capacity is not sufficient, amend the HMC as necessary to continue to meet the City’s need (see Action 13.1).

Bi-annually with release of point-in-time
counts.

Action 19.6: Support services and programs that are part of the Continuum of Care system for the homeless.

Annually as part of the City’s funding
allocation process.

Action 19.7: Continue to pursue CDBG funds and other funds, as available, to support any additional need for emergency shelters, and transitional and supportive housing programs for the homeless and those who are at-risk of becoming homeless.

As needed during annual NOFA process.

Action 19.8: Continue to fund and operate the Hayward Navigation Center and Annex, which provides transitional housing and navigation services to Hayward individuals experiencing homelessness, with the goal of transitioning residents to permanent placements.

Annually as part of the City’s funding
allocation process.

Action 19.9: Develop and implement a shallow rent subsidy program to provide small monthly rental subsidies to extremely low-income households with prior experiences of homelessness to prevent future homelessness and reduce housing cost burden.

Annually through January 2025, with option
to extend if additional funding is identified.

Action 19.10: Develop a public education campaign to educate the Hayward community about ongoing homelessness and housing development efforts and how the homeless system of care operates to build community trust and buy-in for homelessness services and housing efforts.

Implement by January 2025.

Housing Plan
Draft Housing Element 6-19
Actions Objective and Timeframe
Action 19.11: Explore funding and feasibility options for safe parking and safe camping programs to provide additional safe, secure, and sanitary options for individuals and families experiencing homelessness.

Begin exploring funding and feasibility by
January 2024.

Action 19.12: Submit feasible and eligible projects for State Homekey funding as available, leveraging local resources such as HOME for operating funding.

Ongoing, based on State Homekey NOFA
schedule.

Action 19.13: Develop Universal Design guidelines or standards to require the use of Universal Design Principles in new construction and/or rehabilitation of housing.

Develop ordinance by January 2025.

Implements the Following Policies H-5.1, H-5.2, H-5.2, H-5.3, H-5.4, H-5.6, H-5.8 Responsible Agency Development Services; City Manager
Funding Sources CDBG; HOME; American Rescue Plan Act
(ARPA); State grants
Program H-20: Community Outreach and Education
Community outreach is a key component to developing a comprehensive and inclusive housing market in the city. It is critical to engage local community groups and stakeholders from all sectors of the community in order to educate and provide inclusive housing opportunities and to understand housing needs. The goal of this program is to provide community groups that are affected by restrictions to fair and equitable housing greater opportunities for becoming informed and engaged in the City’s housing and overall planning process.

Actions Objective and Timeframe
Action 20.1: Work with local organizations such as East Bay Regional Center and La Familia to inform residents of the housing and available services.

Identify and maintain a point of contact with
the local organizations.

Action 20.2: Increase accessibility by conducting public workshops at suitable times, using online methods such as Zoom, having meetings be accessible to persons with disabilities, having meetings be accessible to nearby transit centers, and provide additional resources such as childcare, translation, and food services.

Ongoing on a case-by-case basis.

Action 20.3: Develop a list of neighborhood groups and other community organizations that advocate for protected housing groups including seniors, individuals with disabilities, large households, and other groups, and disseminate information about housing opportunities and participate in community meetings as requested.

Develop list by January 2025 and update
contact information annually. Disseminate
information on an ongoing basis as
opportunities become available.

Action 20.4: As opportunities become available, conduct a multimedia campaign regarding available homeownership, rental, housing accessibility, and rehabilitation programs in the city.

Maintain current information on the City’s
website and disseminate to at least 100
individuals annually.

Action 20.5: Work with local partners to deliver monthly housing workshops on topics including local ordinances; tenant and landlord rights and responsibilities; fair housing; habitability and health and safety code; and foreclosure prevention. Determine best method of holding meetings (online, in person) and offer childcare, translation and/or food services, if desired by community.

Monthly.

Action 20.6: Develop a language access policy to ensure residents with limited English proficiency have accessible information.

Implement policy by January 2024.

Implements the Following Policies H-5.2, H-6.1, H-6.4
City of Hayward
2023-2031 Housing Element Update
6-20
Actions Objective and Timeframe
Responsible Agency Development Services, City Manager,
Community and Media Relations
Funding Sources General Fund, Rent Review Administration Fee

6.1.6 Equal Housing Opportunities for All Persons
The City recognizes the importance of extending equal housing opportunities for all persons, regardless of regardless of race, religion, sex, family status, marital status, ancestry, national origin, color, age, physical or mental disability, sexual orientation, source of income, or any other arbitrary factor.

Goal H-6: Ensure Fair and Equal Housing Opportunity.

Policies
H-6.1: Fair Housing Services: The City shall support services and programs that eliminate housing discrimination and ensure that residents are aware of their rights and responsibilities regarding fair housing.

H-6.2: Housing Discrimination: The City shall prohibit discrimination in the sale or rental of housing with regard to race, ethnic background, religion, disability, income, sex, age, and household composition.

H-6.3: Rent Stabilization, Tenant Protections & Tenant Relocation Assistance: The City shall stablish programs and actions to mitigate development impacts on displacement and gentrification and offer tenant protection.

H-6.4: Fair Housing Outreach: The City shall conduct fair housing outreach and education for Hayward residents, property owners, and housing providers to ensure each understands their rights and responsibilities.

H-6.5: Address Foreclosures: The City shall strive to prevent foreclosures and alleviate individual and community issues associated with foreclosures to preserve homeownership and promote neighborhood stability.

H-6.6 Rental Assistance: The City shall continue to support rental assistance for lower-income households who are overpaying for housing.

Program H-21: Foreclosure Prevention and Counseling
The Foreclosure Prevention and Counseling program is intended to assist at-risk homeowners with foreclosure-prevention resources including counseling, refinance loans, and legal services. The City provides assistance to at-risk homeowners through partnerships with HUD-approved non-profit counseling organizations.

Housing Plan
Draft Housing Element 6-21
Actions Objective and Timeframe
Action 21.1: Continue existing partnerships with non-profit organizations such as Housing and Economic Rights Advocates to provide mortgage delinquency, default resolution negotiation, and legal advocacy services.

Annually host 10 educational workshops in
multiple languages on foreclosure prevention,
provide mortgage delinquency and debt
resolution services to 100 eligible homeowners
and financial assistance loans up to $15,000 to
an estimated 8 eligible homeowners for three
years through December 2024.

Action 21.2: Continue to pursue CDBG funds and other funds, as available, to support non-profit organizations offering foreclosure prevention services.

As needed during annual NOFA process.

Action 21.3: Continue to partner with A1 Community Housing to provide free foreclosure prevention workshops as well as free oneon-one counseling for households at risk of foreclosure.

Monthly host three educational workshops in
multiple languages on Foreclosure Prevention.

Action 21.4: Provide information about foreclosure prevention resources in the housing programs section of the City’s website, including information about the programs available for refinancing atrisk loans, and contact information for legal services agencies and HUD-approved counseling organizations in the area. Mail foreclosure prevention materials to local residents who receive notices of default and notices of trustee sale.

Maintain current information on the City’s
website and disseminate to at least 100
qualified homeowners annually.

Implements the Following Policies H-6.4, H-6.5
Responsible Agency City Manager
Funding Sources CDBG and other state and federal funds
Program H-22: Fair Housing Services
The City of Hayward contracts with the Eden Council for Hope and Opportunity (ECHO) to provide fair housing and tenant/landlord services. ECHO's Fair Housing Counseling Program conducts site investigations and enforcement in response to reports of housing discrimination complaints, performs audit-based investigations to determine degrees of housing discrimination existing in designated areas, and provides fair housing education for members of the housing industry including managers, owners, and realtors. ECHO's Tenant/Landlord Counseling Program provides information to tenants and landlords in Southern Alameda County on their housing rights and responsibilities. Additionally, ECHO has trained mediators to assist in resolving housing disputes through conciliation and mediation. The primary objective of the program is to build awareness of housing laws and prevent homelessness.

Actions Objective and Timeframe
Action 22.1: Coordinate with ECHO and the East Bay Community Law Center (EBCLC) to provide fair housing and tenant/landlord services, including fair housing counseling and education and tenant/landlord counseling and mediation.

Annually assist 200 persons with at least 50
percent of services in areas with higher
levels of housing discrimination.

Action 22.2: Provide training for property owners and managers to have access to information about requirements of federal, state and local real estate, housing discrimination, tenant protection, housing inspection, and community preservation laws; and promote training of tenants in the requirements of federal, state, and local laws so that they are aware of their rights and obligations.

Provide two training sessions annually.

City of Hayward
2023-2031 Housing Element Update
6-22
Actions Objective and Timeframe
Action 22.3: Conduct an annual workshop presented by local organizations including ECHO and Centro Legal de la Raza and/or other advocacy organizations to conduct an annual fair housing and rental housing law workshops targeted to lower-income households, senior households, and individuals with disabilities.

Hold one workshop annually in multiple
languages.

Action 22.4: As funding permits, continue to support neighborhood and community groups with training, services and technical support related to fair housing.

Annually assist 20 residents.

Action 22.5: Work with ECHO to conduct random testing at least once a year during the planning period.

Annual testing.

Implements the Following Policies H-5.1, H-5.2, H-5.5, H-5.6 H-6.1, H-6.2, H-6.3, H-6.4
Responsible Agency Development Services; City Manager’s Office Funding Sources CDBG
Program H-23: Rent Stabilization and Tenant Protections Through the Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and the Mobile home Space Rent Stabilization Ordinance (MRSO), the City implements rent increase thresholds on covered rental units and mobile home spaces. The thresholds are intended to prevent unpredictable, large rent increases promoting more housing stability, particularly for lower income residents. The City operates the rent dispute resolution process for eligible tenants and landlords, which provides mediation and arbitration paid for through and annual fee shared by the tenant and landlord to resolve disputes regarding rent increases, health and safety issues, and reduction in services. The RRSO also creates tenant retaliation protections and just cause protections for all rental units, with few exceptions, while the MRSO protects against retaliatory evictions.

Actions Objective and Timeframe
Action 23.1: Continue partnership with consultant to implement the RRSO and MRSO, including the rent dispute resolution process.

Ongoing.

Action 23.2: Continue to monitor implementation and impact of the RRSO.

Annually provide update to HomelessnessHousing Task Force.

Action 23.3: Seek out and participate in opportunities to improve eviction and displacement prevention resources
Ongoing.

Action 23.4: Continue to provide tenants and landlords with information about local requirements and referrals to outside resources to assist with other tenant landlord disputes.

Ongoing.

Implements the Following Policies H-6.6, H-6.3
Responsible Agency City Manager
Funding Sources Rent Review Administration Fee
Program H-24: Tenant Relocation Assistance
Through the Tenant Relocation Assistance Ordinance (TRAO), the City implements temporary and permanent relocation assistance policies. The TRAO requires landlords to pay permanent assistance when performing a no-fault eviction and to pay temporary assistance when making substantial repairs or when there is a government-issued order to vacate for health and safety reasons. The City also implements an Emergency Relocation Assistance Program for low-income tenants displaced Housing Plan
Draft Housing Element 6-23
due to natural disaster or when landlord refuses to pay required relocation assistance. Collectively, these programs are intended to provide tenants with financial resources to find alternative temporary or permanent housing when displaced from their units by no fault of their own.

Actions Objective and Timeframe
Action 24.1: Continue cross collaboration among Housing Division Code Enforcement Division, Building Services, Fire Department to streamline communication and process for identifying eligible relocation assistance cases.

Ongoing on a case-by-case basis.

Action 24.2: Provide training to tenants and landlords to educate them about their rights and responsibilities related to relocation assistance.

Annually conduct one workshop for tenants
and one workshop for landlords in multiple
languages.

Action 24.3: Enforce relocation payment requirement through assessment of liens in cases where landlords fail to pay required assistance.

Ongoing.

Action 24.4: Continue to implement and monitor the Emergency Relocation Assistance Program and work to identify additional funding sources to provide ongoing program support.

Ongoing.

Action 24.5: Provide displaced tenants referrals to housing resources. Ongoing.

Implements the Following Policies H-1.1, H-5.1, H 6.3
Responsible Agency City Manager
Funding Sources Rent Review Administration Fee; ARPA
Program H-25: Consolidated Plan Update
Hayward’s Consolidated Plan describes and prioritizes the City’s housing and community development needs, as well as activities to address those needs as defined and funded by HUD. The current Plan will be updated in 2024 to strategically align with and help implement the 2023-2031 Housing Element and strengthen place-based strategies to expand housing mobility and housing supply in high-opportunity areas. The update will also seek to improve areas through targeted investment in areas with identified fair housing impediments.

Actions Objective and Timeframe
Action 25.1: Update funding policies to prioritize the improvement of public facilities and infrastructure projects that improve the quality of life and accessibility for all residents.

Annually as part of the NOFA process.

Action 25.2: Identify mechanisms to increase production and access to housing in high resource areas, such as through acquisition, rehabilitation and conversion of existing housing units to be affordable, the construction of ADUs, or through financial incentives in exchange for deed restriction of housing units for low-income use.

Adopt consolidated plan update by August
2025.

Implements the Following Policies H-2.6, H-6.3
Responsible Agency City Manager’s Office
Funding Sources CDBG
City of Hayward
2023-2031 Housing Element Update
6-24

6.2 Summary of Quantified Objectives
The City’s quantified objectives for the 2023-2031 planning period are:
 Sites to facilitate new housing units, including the City’s RHNA of 547 units for extremely lowincome, 528 units for very low-income households, 617 units for low-income households, 817 units for moderate-income households, and 2,115 above moderate-income households  Rehabilitation of 80 affordable units
 Construction of 200 affordable units
 Construction of 320 ADUs
 Conservation of 1,844 Section 8 Housing Choice Vouchers  Preservation of 295 units at risk of converting to market-rate units Table 6-1 summarizes these objectives for the 2023-2031 planning period by income group.

Table 6-1 Quantified Housing Objectives (2023-2031)
Extremely
Low Income
Very Low
Income Low Income
Moderate
Income
Above
Moderate Income Total
RHNA 547 528 617 817 2,115 4,624
Units To be Rehabilitated 20 60 – – 80
New Construction 50 150 – – 400
ADUs 96 96 96 32 320
Section 8 Housing Choice
Vouchers to be Conserved
1,844 – – – 1,844
At-Risk Housing Units to be
Preserved
295 – – – 295
Note: Government Code Section 65583 mandates that localities calculate the subset of the very-low income regional need that constitutes the communities need for extremely low-income housing. As an alternative to calculating the subset, local jurisdictions may assume that 50 percent of the very low-income category is represented by households of extremely low income (less than 30 percent of the median family income).

CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 22-040
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Maintenance Services Director

SUBJECT
LLAD 96-1 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Reconfirm Maximum Base Assessment Amounts, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18, for Fiscal Year 2023

RECOMMENDATION
That the City Council adopts two resolutions (Attachments II & III):

1. Approving the Final Engineer’s Report;

2. Confirming the Maximum Base Assessment (MBA) amounts;

3. Confirming the Fiscal Assessments;

4. Confirming the Assessment Diagrams;

5. Ordering the Levy and Collection of Fiscal Assessments;

6. Approving the Funding Recommendations; and

7. Appropriating Revenue and Expenditure budgets for Consolidated Landscape and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18 for Fiscal Year 2023.

SUMMARY
The Landscaping and Lighting Act of 1972 requires an annual review and update of the engineer’s report to set the annual assessment rate for each benefit zone. Assessment rate recommendations are made based on annual expenses, required cash flow, and future capital repair and replacement requirements.

Recommended annual assessment rates cannot exceed the Maximum Base Assessment (MBA) established when each zone was originally formed. The annual engineer’s report (Attachment IV) includes a detailed summary and budget for each of the eighteen benefit zones.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution I
Attachment III Resolution II
Attachment IV Engineer’s Report
CITY OF HAYWARD Page 1 of 2 Printed on 7/1/2022
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File #: PH 22-040
Attachment V FY 2023 Assessment Roll
CITY OF HAYWARD Page 2 of 2 Printed on 7/1/2022
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Hayward City CouncilJuly 5, 2022

Hayward City Council
July 5, 2022