Council Packet — Hayward City Council, September 20, 2022 (part 1 of 2)

Tuesday, September 20, 2022
7:00 PM

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

September 20, 2022City Council Agenda

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

How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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

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

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

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/82458011571?pwd=R1FQQklzVUJTWFR4a01SRGkyRlBDUT09 Meeting ID: 824 5801 1571
Password: CC9/20@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 824 5801 1571
Password: 9666713702
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Council Member Lamnin

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

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September 20, 2022City Council Agenda

PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information Items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

CITY COMMISSIONS AND KEEP HAYWARD CLEAN AND GREEN TASK FORCE City Commissions and Keep Hayward Clean and Green Task
Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services
Commission, Keep Hayward Clean and Green Task Force,
Library Commission, Planning Commission and Personnel
Commission (Report from City Clerk Lens)
APPT 22-0021.

Attachments: Attachment I Staff Report
Attachment II Resolution

CONSENT
Approve the City Council Minutes of the City Council Meeting on July 5, 2022
MIN 22-1032.

Attachments: Attachment I Draft Minutes of 7/5/2022
Approve the City Council Minutes of the Special City Council Meeting on July 12, 2022
MIN 22-1063.

Attachments: Attachment I Draft Minutes of 7/12/2022
Approve the City Council Minutes of the Special City Council Meeting on August 9, 2022
MIN 22-1074.

Attachments: Attachment I Draft Minutes of 8/9/2022

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September 20, 2022City Council Agenda
Approve the City Council Minutes of the Special City Council Meeting on September 6, 2022
MIN 22-1085.

Attachments: Attachment I Draft Minutes of 9/6/2022
Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code
CONS 22-5006.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Designated Positions
Attachment IV Disclosure Categories 092022
Attachment V Provisions of the Code 092922
Attachment VI 2022 Local Agency Biennial Notice
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Nelson Nygaard
Consulting Associates to Provide Paratransit Consulting Services for the Hayward Operated Paratransit Program in an Amount Not-to-Exceed $100,000
CONS 22-4827.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Single Source Justification Form
Adopt Resolutions Authorizing the City Manager to 1) Execute a Professional Services Agreement with Raftelis to Prepare the FY24 and FY25 Water, Wastewater, Recycled Water Rate
Studies and Connection Fee Study in an Amount Not-to-Exceed $200,000 and Transfer $10,000 from the Water Fund to
Recycled Water Fund, and 2) Appropriate $200,000 from the Utilities Enterprise Funds
CONS 22-5088.

Attachments: Attachment I Staff Report
Attachment II Resolution - PSA with Raftelis
Attachment III Resolution - Appropriation of Funds

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September 20, 2022City Council Agenda
Adopt a Resolution Authorizing a Grant Deed for the “MAE Parcel” of Tract 8428, SoHay, to the Hayward Area Recreation and Park District
CONS 22-4949.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Park Improvement Agreement
Attachment IV Tract 8428
Attachment V HARD Park Acceptance

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

Firearms Regulations: Review and Discuss Regulations Related to Firearms (Report from Assistant City
Manager/Development Services Director Ott and Police Chief Chaplin)
WS 22-02910.

Attachments: Attachment I Staff Report
Attachment II Links to Additional Information

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

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September 20, 2022City Council Agenda

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

ADJOURNMENT
NEXT MEETING, September 27, 2022, 7:00 PM

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their address to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.

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

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: APPT 22-002
DATE: September 20, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
City Commissions and Keep Hayward Clean and Green Task Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Planning Commission and Personnel Commission

RECOMMENDATION
That the Council adopts a resolution (Attachment II) confirming fifteen (15) appointments and ten (10) reappointments to the City’sCommissions and Task Force as follows: Community Services Commission (6); Keep Hayward Clean and Green Task Force (11); Library Commission (2); Personnel Commission (3); and Planning Commission (3). The resolution also identifies three selected alternates. Table 1 provides information by meeting body.

SUMMARY
The annual recruitment for City Commissions and the Keep Hayward Clean and Green Task Force (KHCG TF) was conducted from April 5, 2022 through June 16, 2022. There were thirteen vacancies at the beginning of the recruitment and by the end, there were fourteen due to the resignation of one additional member. Forty-five (45) applications were received by the submission deadline and thirty-nine (39) applicants qualified to be considered for appointment. Following a process for evaluating requests for reappointment, reviewing attendance records and overall performance of eligible members of the City’s Commissions and KHCG TF, the Council approved ten requests for reappointment as presented in Table 1.

The Council also accepted ten recommendations for KHCG TF service from the KHCGTF Subcommittee.

Following a pre-screening process and twenty interviews, the Council selected five applicants for service on the Community Services Commission, Personnel Commission, and Keep Hayward Clean and Green Task Force. The resolution confirming the appointment and reappointment of members (Attachment II) contains the names by meeting body.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 2
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File #:APPT 22-002
Attachment II Resolution
CITY OF HAYWARD Printed on 9/16/2022Page 2 of 2
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DATE: September 20, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: City Commissions and Keep Hayward Clean and Green Task Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Planning Commission and Personnel Commission

RECOMMENDATION

That the Council adopts a resolution (Attachment II) confirming fifteen (15) appointments and ten (10) reappointments to the City’s Commissions and Task Force as follows:

Community Services Commission ( 6); Keep Hayward Clean and Green Task Force (11); Library Commission (2); Personnel Commission ( 3); and Planning Commission (3). The resolution also identifies three selected alternates. Table 1 provides information by meeting body.

SUMMARY

The annual recruitment for City Commissions and the Keep Hayward Clean and Green Task Force (KHCG TF) was conducted from April 5, 2022 through June 16, 2022. There were thirteen vacancies at the beginning of the recruitment and by the end , there were fourteen due to the resignation of one additional member. Forty-five (45) applications were received by the submission deadline and thirty -nine (39) applicants qualified to be considered for appointment. Following a process for evaluating requests for reapp ointment, reviewing attendance records and overall performance of eligible members of the City’s Commissions and KHCG TF, the Council approved ten requests for reappointment as presented in Table 1.

The Council a lso accepted ten recommendations for KHCG T F service from the KHCGTF Subcommittee. Following a pre -screening process and twenty interviews, the Council selected five applicants for service on the Community Ser vices Commission, Personnel Commission, and Keep Hayward Clean and Green Task Force. The resolution confirming the appointment and reappointment of members (Attachment II) contains the names by meeting body.

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BACKGROUND AND DISCUSSION

During the special Council meeting on Ju ne 28, 20 221, and as pr ovided for in the Council Member Handbook, the Council reviewed eight reappointment requests and the annual report of Coun cil’s appointed bodies comprising members’ atte ndance records , completion of mandatory trainings, and identified ten members who were invited to meet with Council due to their attendance at meetings being below the seventy-five percent requirement of to tal meetings attended from September 2021 to May 2022. Following the June 28, 2022 meeting, one member was found to be excused from m eetings and one was able to clari fy the attendance roster. Based on attendance records, two members were dismissed and vacated their seats. The two vacated seats belong to Keep Hayward Clean a nd Green Task Force members Caleb Davis and Krysta Penfield. Keep Hayward Clean a nd Green Task Force members Lopez and Ma ldonado also resigned due to meeting schedule conflicts. Table 1 summarizes all filled seats and approved requests for reappointment by meeting bod y.

Tables 2 through 6 summarize information by meeting body.

TABLE 1: SUMMARY OF FILLED VACANCIES AND APPROVED REAPPOINTMENTS

Body Filled
Seats
Approved
Reappointment(s) Total
CSC2 2 4 6
KHCGTF3 11 0 11
LC4 0 2 2
Pers C5 2 1 3
PC6 0 3 3
25 TABLE 2: COMMUNITY SERVICES COMMISSION (CSC):

1 6/28/22 Staff Report: CITY OF HAYWARD - File #: WS 22-026 (legistar.com) 2 Community Services Commission
3 Keep Hayward Clean and Green Task Force
4 Library Commission
5 Personnel Commission
6 Planning Commission
# Name of
Commissioner
Date
Appointed
Term
Expires
Seeking
Reappointment Resigned
1 Artavia Berry 9/10/19 9/30/22 x
2 Arti Garg 9/18/18 9/30/22 x
3 Lacei Ramirez-Amodei 9/21/21 9/30/22 x
4 Collin Thormoto 9/21/21 9/30/22 x
5 Tatiana Backlund 9/21/21 9/30/25 2/22/22
6 Corina Vasaure 9/18/18 9/30/25 6/20/22

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TABLE 3: KEEP HAYWARD CLEAN AND GREEN TASK FORCE (KHCG TF):

TABLE 4: LIBRARY COMMISSION (LC):

# Name of
Commissioner
Date
Appointed
Term
Expires
Seeking
Reappointment
1 Shonda Goward 9/21/21 9/30/22 x
2 Shareen Purcell 3/22/22 9/30/22 x

TABLE 5: PERSONNEL COMMISSION (PERS C):

# Name Date
Appointed
Term
Expires
Not Seeking
Reappointment Resigned

Vacated
1 Michael Chand 9/21/21 9/30/25 5/03/22
2 Raul Chavez 9/15/20 9/30/23 5/17/22
3 Reanne Meighan 9/15/20 9/30/23 5/17/22
4 Adam Murphy 9/10/19 9/30/23 11/16/21
5 Edward Moore 9/15/20 9/30/24 6/07/22
6 Adithya Naresh 9/18/18 9/30/22 5/17/22
7 Chiemeka Okoronkwo 9/10/19 9/30/23 9/28/21
8 Gerald Sannebeck 9/15/20 9/30/24 10/20/21
9 Esther Lopez 9/10/19 9/30/23 7/12/22
10 Ron Maldonado 9/15/20 9/30/24 7/12/22
11 Bert Manzo 9/18/18 9/30/22 x
12 Wilfredo Hoffer 9/15/20 9/30/22 x
13 Krysta Penfield 9/15/20 9/30/24 7/12/22
14 Caleb Davis 9/21/21 9/30/24 7/12/22
# Name of
Commissioner
Date
Appointed
Term
Expires
Seeking
Reappointment
Not Seeking
Reappointment
1 Denise Thompson 9/10/19 9/30/22 x
2 Nicolia Gooding 9/15/18 9/30/22 x
3 Zheefong He 9/15/18 9/30/22 x

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TABLE 6: PLANNING COMMISSION (PC):

# Name of
Commissioner
Date
Appointed
Term
Expires
Seeking
Reappointment
1 Ray Bonilla Jr. 9/19/17 9/30/22 x
2 Briggitte Lowe 9/21/21 9/30/22 x
3 Zachariah Oquenda 1/26/21 9/30/22 x

TABLE 7: KEEP HAYWARD CLEAN AND GREEN TASK FORCE RECOMMENDATIONS (KHCG TF):

On July 7, 20 22, the KHCG TF Subcommittee,
comprised of KHCG TF Members Bert Manzo, Jean
Yee-Yu, Jeffrey Haman, and Tom Ferreira
interviewed fifteen applicants who h ad indicated
KHCG TF as their first and only preference for
service. Eleven applicants, selected b y the
Subcommittee, were recommended to the Council.

Members of the Co uncil reviewed and pre-screened all appl ications and individually communicated their selections to the City Clerk as provided in the July 12, 20227 staff report.

There were thirteen applicants who received at least three points. In an effort to create a good ratio and pool of applicants for servic e on the Community Services Commission, f our applicants who received two points were added to the list of selected individuals. Therefore, a total of twenty-five applicants were invited to interview with the Counci l on July 12, 2021, during a special Council meeting conducted via the Zoom platform. The July 12, 2022, staff report provides information of pre-selected applicants and all the particulars related to the selection/interview process.

7 July 12, 2022 Staff Report: CITY OF HAYWARD - File #: RPT 22-073 (legistar.com) # Name
1 Lucas C. Banks
2 Margaret S. Barton
3 Terence C. Candell
4 Tammy R. Cooper
5 Pekon Gupta
6 Shalin Patel
7 Regneel Prasad
8 Jagdeep Singh
9 Chandrakala (Chandu) Siramdas
10 Katlin M. Turner
11 Suyog Zambre

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Following th e interviews, the Council selected individuals for service as outlined in Attachment II.

As the Council found more qualified candidates than available seats to appoint, the Council established a list of alternates for the Community Services Commission as shown in Attachment II. The Council also agreed to extend t he Planning Commission alternate term of Arti Garg by one year.

The Alternate List will be valid f or one year and would e xpire when Council appoints new members during the annual appointment process. The City Clerk will follow the process for appointing from the Alternate List which will involve two separate actions on the sa me Council agenda: 1) reso lution accepting the re signation of a membe r; and 2) resolution recommending an alternate f rom the alternate list to fill the vacat ed position for the remainder of the une xpired term. The City Clerk w ill ensure the alternate con tinues to be interested in s erving and would confirm the alt ernate’s eligibility status prior to recommending them for service.

FISCAL IMPACT

There is no fiscal impact associated with this report.

STRATEGIC ROADMAP

This agenda item relates to a project outlined in the Council’s Strategic Roadmap. This agenda item relates to a project outlined in the Council’s Strategic Roadmap. Staff engaged a UC Berkeley student and City Clerk intern, Lydia Vasquez, to help collect and analyze data pertaining to the composition of members of Council’s appointed bodies. These efforts sought to eliminate racial inequities, mitigate unintended consequences, and advance the goals of the Commitment for an Inclusive, Equitable and Compassionate Community and the 2020 Racial Equity Action Plan. The City made great pr ogress with the passage of Measure OO in November of 2018 which made it possible for Hayward residents to be civically engaged regardless of whether they are registered or eligible to be registered to vote. Durin g this recruitment staff continued recruitme nt efforts with an equity lens in mind and focused efforts in areas l acking representation in current meeting bodies. It is staff’s goal to have Council’s appointed bodies from diverse backgrounds reflecting a di verse, e quitable and inclusive community. Results of the analysis conducted revealed the desire to have more representation from more blue-collar residents and lower income communities.

PUBLIC CONTACT

Information about the a nnual recruitment was disseminated via various channels. T able 8 below provides a summary of the outreach efforts related to the recruitment. The agenda was posted in accordance with the Brown Act and selected applicants were invited to interview with the Council.

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TABLE 8: OUTREACH SUMMARY

2022 Outreach Efforts

Date

Attendance/Reach

City Newsletter - The Stack 4/5/2022, 4/12/2022 64,113
49th Annual Hawaiian May Day 5/7/22 citywide
April 23 Earth Poster Day – Weekes Park 4/23/22 80 attendees Hayward’s 1st Literary Hop in Downtown 4/30/22 citywide The Pioneer Advertising (CSU-East Bay) Graduation Issue CSUEB students Social Media: Facebook 4/8/2022 - 6/15/2022 7,197 followers Social Media: Twitter 4/7/2022 - 6/16/2022 6,265 followers Social Media: NextDoor 4/7/2022, 6/10/2022 35,864 followers Social Media: Instagram 4/7/2022 - 6/13/2022 3,829 followers Water bill mailer / insert & Excise Tax bills 3/25/22 – mid May 2022 48,500 reached

NEXT STEPS

Following Council’s action, oaths of affirmation will be administered to newly appointed members.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

___________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION CONFIRMING THE APPOINTMENT AND REAPPOINTMENT OF

MEMBERS O F THE COMMUNITY SERVICES COMMISSION, KEEP HAYWARD

CLEAN AND GREEN TASK FORCE , LIBRARY COMMIS SION, PERSONNEL

COMMISSION AND PLANNING COMMISSION

WHEREAS, the City conducted its annual recruitment for the Community Services Commission, Keep Hayward Clean and Green Task Force and Personnel Commission; and

WHEREAS, the City Council reviewed forty-five applications, accepte d eleven recommendations from the Keep Hayward Clean and Green Task For ce Subcommittee and interviewed twenty-three eligible applicants on July 12, 2022; and

WHEREAS, the City Council selected a total of seven members.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward does hereby confirm the appointment of the following as members of the commissions and task force, for the terms as designated.

APPOINTMENTS

Community Services Commission

Jagdeep Singh

(Succeeds Tatiana Backlund) September 2025
Lenita Wheeler

(Succeeds Corina Vasaure) September 2025

Personnel Commission

Jadesola Edwards (Succeeds Nicolia Gooding) September 2026 Lucy Woo (Succeeds Zheefong He) September 2026

ATTACHMENT II

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Keep Hayward Clean and Green Task Force

Lucas Banks (Succeeds Raul Chavez) September 2023
Margaret Barton (Succeeds Wilfredo Hoffer) September 2026 Terence Candell (Succeeds Gerald Sanebeck) September 2024 Tammy Cooper (Succeeds Adithya Naresh) September 2026
Pekon Gupta (Succeeds Michael Chand) September 2025
Gordean Lum-Villiados (Succeeds Chiemeka Okoronkwo) September 2023 Shalin Patel (Succeeds Adam Murphy) September 2023
Regneel Prasad (Succeeds Edward Moore) September 2024
Chandrakala Siramdas (Succeeds Krysta Penfield) September 2024 Katlin M. Turner (Succeeds Bert Manzo) September 2026
Suyog Zambre (Succeeds Reanne Meighan) September 2023

BE IT FURTHER RESOLVED that the City Council of the City of Hayward does hereby confirm the reappo intment of the below -named persons as members of the Community Services Commission, for terms as designated.

REAPPOINTMENTS

Community Services Commission

Artavia Berry September 2026
Arti Garg September 2026
Lacei Ramirez-Amodei September 2026
Collin Thormoto September 2026

Library Commission

Shonda Goward September 2026
Shareen Purcell

September 2026

Personnel Commission

Denise Thompson

September 2026

ATTACHMENT II

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Planning Commission

Ray Bonilla Jr. September 2026
Briggitte Lowe September 2026
Zachariah Oquenda September 2026

BE IT FURTHER RESOLVED that the City Council of the City of Hayward does hereby confirm the selection of the below -named individuals as alternates to fill unexp ired vacancies.

ALTERNATES

Name Meeting Body
Elena Lepe Community Services Commission
Elaine Alvite Community Services Commission
Arti Garg Planning Commission

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 #: MIN 22-103
DATE: September 20, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on July 5, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of July 5, 2022.

SUMMARY
The City Council held a meeting on July 5, 2022.

ATTACHMENTS
Attachment I Draft Minutes of July 5, 2022
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89513711378?pwd=NWh5NXVlS0pmNktYNkw1VENGZTdydz09 Tuesday, July 5, 2022, 7:00 p.m.

The City Council meeting was called to order by Mayor /Chair Halliday at 7:00 p.m. The City Council will hold a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Zermeño

Present: COUNCIL MEMBERS Lamnin, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday

Absent: COUNCIL MEMBER Andrews

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session at 5:15 p.m., with Council Member Andrews and Council Member Zermeño absent and no public comment, regard ing two items: (1) conference with legal counsel pursuant to Government Code section 54956.9 regarding RLW, LLC v. City of Hayward, et al., U.S.D.C., N.D. CA, No. 21 -cv-06767-SK; and (2) conference with legal counsel pursuant to Government Code section 549 56.9 concerning Justin Nishioka v. City of Hayward, Alameda County Superior Court, Case No. RG 20078266.

City Attorney Lawson reported that Item 1 was discussed, and Council provided direction to counsel but took no reportable action. Mayor Halliday rep orted that Item 2 w as discussed, and Council provided direction but took no reportable action. The closed session adjourned at 6:40 p.m.

PUBLIC COMMENTS

Ms. Susan Gehlke, Hayward resident and Hayward Con cerned Citizens member, expressed concern she could no t report illegal firewo rks activity throug h the Hayward Police Department (HPD) phone line and wondered if there were other options; and inquired about statistics on violations and citations issued.

Ms. Mary Beth Bykowsky, analyst with the California Department of I nsurance, provided information on how Safer from Wildfires, an interag ency partnership, wo rks to reduce wildfire risk and invited all to seek more information at insurance.ca.gov.

Ms. TJ , Hayward Concerned Citizens member, noted illegal fireworks appeared to be concentrated in South Haywar d, requested the City debrief residents on the n umber o f complaints received by HPD and the number of citations issued, and suggested the fireworks ordinance be amended as needed based on information received.

Ms. Elena Lepe inquired about information on funding opportunities through the American Rescue Plan Funding for local restaurants and homeless individuals.

2 | Ju ly 5 , 202 2
CITY MANAGER’S COMMENTS

City Manager McAdoo made two announcements: 1) City staff will summarize efforts prior to the Fourth of July, what was ob served, and the effectiveness of the ordinance related to fireworks; and noted that firework violations could also be reported via Access Hayward; and 2) due to staffing chall enges at the Weekes Branch Library, services will be held Tues day through Saturday, and regular services will resume August 22, 2022.

CONSENT

1. Approve the City Council Meeting Minutes of the City Council Meeting on June 21, 2022 MIN 22-089
It was moved by Council Member Márquez, s econded by Co uncil Member Zermeño, and carried unanimously with Council Member Andrews absent, to approve the minutes of the City Council Meeting on June 21, 2022.

2. Adopt an Ordinance of the City o f Hayward Adding Article 15 to Chapter 3 of the Hayward Mun icipal Code Relating to the Use of Military Equipment by Law Enforcement CONS 22-429

Staff report submitted by Police Chief Chaplin and City Clerk Lens, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the ordinance.

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

Ordinance 22-06, “An Ordinance of the City of Hayward, California, Adding Article 15 to Chapter 3 of the Hayward Municipal Code Relating to the Use of Military Equipment by Law Enforcement”

3. Adopt an Ordinance Granting Exclusive Franchise to Waste Management of Alameda County for Solid Waste, Recyclable Materials and Org anic Materials Services CONS 22- 440

Staff report submitted by City Clerk Lens, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the ordinance.

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

Ordinance 22-07, “An Ordinance Granting Exclusive Franchise to Waste Management of Alameda County for Solid Waste, Recyclable Materials and Organic Materials Services”

4. Adopt a Resolution Authorizing the City Ma nager to Negotiate and Execute Professional Services Agreements with Consolidated Eng ineering Labs, Signet Testing Labs, and Apex Testing Laboratories in an Amount Not-to-Exceed $200,000 Annually Per Firm for Three Years for On-Call Material Testing and Special Inspection Services CONS 22-397

Staff report submitted by Public Works Director Ameri dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-189, “ Resolution Authorizing the City Manager to Negotiate and Execute Agreements with Consolidated Engineer Labs, Signet Testing Labs, and Apex Testing Laboratories in an Amount Not- to-Exceed $200,000 Annu ally per Firm for T hree Years for on Call Material Testing and Special Inspection Services”

5. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County She riff’s Office for Receipt of FY 2019 Byrne Justic e Assistance Grant (JAG) funds in the Amount of $36,891 CONS 22-410

Staff report submitted by Police Chief Chaplin dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-190, “Resolution Authorizing the City Manager to Execute an Agreement with the Alameda C ounty Sheriff’s Office for Recei pt of the FY 2019 Byrne Justice Assistance Grant (JAG) Funds in the Amount of $36,891.00”

6. Adopt a Resolution Authorizing the City Manager to Appropriate $640,000 for the SR - 92/Whitesell Int erchange - Project Initiation Docu ment Project No. 05334 CONS 2 2- 415

Staff report s ubmitted by Public Works Director Ameri, dated July 5, 2022, was filed.

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

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

Resolution 22-191, “ Resolution Authorizing City Manager to Appropriate a Total of $640,000 for the SR-92/Whitesell Interchange – Project Initiation Document (PID) Project No. 05334”

7. Adopt a Resolution Approving Addendum No. 1 and Awarding a Contract to GSW Construction, Inc., for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, in an Amount o f $770,218 with the Addition of $85,000 in Administrative Change Orders and Appropriating Additional Funds in an Am ount of $543,675 CONS 22-416

Staff report submitted by Public Works Director Ameri, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-192, “Resolution Approving Addendum No. 1, Awarding a Contract to GS W Const ruction, Inc., for the Willimet Way & I -880 Sanitary Sewer Main Installation Projec t, Project No. 07717, in an Amount of $770,218 in Addition to $85,000 in Administrative Change Orders, and Appropriating Additional Funds in an Amount of $543,675”

8. Adopt a Resolution Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2023 for Old Highlands Area Road Improvement Assessment District CONS 22-418

Staff report submitted by Public Works Director Ameri, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-193, “ Resolution Approving the Final Engineer’s Report and Ordering the Levy of Assessments for Fiscal Year 2023 for the Old Highlands Area Road Improvement Assessment District”

9. Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Water Pollution Control Facility’s (WPCF) Switchgear Rehabilitation Project, Project No. 07656 CONS 22-419

Staff report submitted by Public Works Director Ameri, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-194, “ Resolution Approving the Plans and Specifications for the Water Pollution Contr ol Facility’s (WPCF) Switchgea r Rehabilitation Project, Project No. 07656, and Calling for Bids to Be Received by August 16, 2022”

10. Adopt a Resolution Approving the Final Map of Tract 8581, a 47 Lot Subdivision on a 5.4 Acre Site located at 1000 La Playa Drive to Allow the Construction of 47 Single Family Homes, a Common Open Space Parcel, and Related Site Improvements; Applicant/Owner: D.R. Horton Bay, Inc., Application No. 202200670 CONS 22-424

Staff report submitted by Development Services Director Claussen, dated July 5, 2022, was filed.

It was moved by Council Me mber Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-195, “ Resolution Approving the Final Map of Tract 8581, Accepting the Easements Dedicated T hereon for Public Use and Authorizing the City Manager to Negotiate and Execute the Subdivision Improvement Agreement and Related Other Documents”

11. Adopt a Resolution Approving Addendum No. 1 and No. 2 and Awarding a Contract to Ranger Pipelines, Inc., for the Sewer Line Improvements Project, Project No. 07761, in the Amount of $ 11,087,925 in Addition to Approving $1,108,793 in Administrative Construction Contingency, and Appropriating Additional Funds in an Amount of $3,067,915 CONS 22-431

Staff report submitted by Public Works Director Ameri, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-196, “ Resolution Approving Addendum No. 1 and No. 2, Awarding a Contract to Ranger Pipelines, Inc., for the Sewer Line Improvements Project, Project No. 07761, in the Amount of $11,087,925 and Approving $1,108,793 in Administrative Construction Contingency, and Appropriating Additional Funds in an Amount of $3,067,915”

12. Adopt a Resolution Authorizing the Sing le Source Agreement with Western Energy Systems for Services to the Cogeneration Engine System at th e Water Pollution Control Facility (WPCF) in an Amount Not -to-Exceed $507,710 Plus Administrative Change Orders in the Amount of Ten Percent of the Contract Price for a Total of $558,500 CONS 22-433

Staff report submitted by Public Works Director Ameri, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-197, “ Resolution Authorizing the Single Source Agreement with Western Energy Systems for Services to the Jenbacher Cogeneration Engine for the Water Pollution Control Faci lity (WPCF) Cogeneration System in an Amount Not -to-Exceed $507,710 Plus Administrative Change Orders in an Amount Equal to Ten Percent of the Contract”

13. Adopt a Resolution Autho rizing the City Manager t o Execute a Professional Services Agreement with Applied Pavement Technology, Inc., to Provide Consulting Engineering Services for the Airport Pavement Management Program (PMP) Update at Hayward Executive Airport Project in an Amount of $227,000 CONS 22-434

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Staff report submitted by Public Works Director Ameri, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-198, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Applied Pavement Technology, Inc., for the Airport Pavement Managem ent Program Update at the Hayward Executive Airport”

14. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Brown and Caldwell for the Preliminary Design Services for the Water Pollution Control Facility (WPCF) Improvements Phase II Project, Project No. 07760, in an Amount Not-to-Exceed $3,849,711 CONS 22-436

Staff report submitted by Public Works Director Ameri dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-199, “Resolution Authorizing the City Manager to Execute an Agreement with Brown and Caldwell, in an Amount Not -to-Exceed $3,849,711 for the Preliminary Design Services for the Water Pollution Control Facility (WPCF) Impr ovements Phase I I Project, Project N o. 07760”

15. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $313,375 from Bunker Hill by Truma rk Homes, LLC to the La Vista Park Project, Project No. 06914 CONS 22-437

Staff report submitted by Public Works Director Ameri, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-200, “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”

16. 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 CONS 22-438

Staff report submitted by Assistant City Manager Youngblood, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-201, “ 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”

17. Adopt a Resolution Authorizing the City Manager to Negotiate and Execut e a Professional Services Agreement with Kitchell for Construction Management f or the Stack Center in an Amount Not-to-Exceed $520,000 CONS 22-443

Staff report submitted by Acting Assistant City Manager Claussen, dated July 5, 2022, was filed.

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It was moved by Council Member Márquez, s econded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-202, “ Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Kitchell for Construction Management Services for Phase 1 Construction of the South Hayward Youth & Fa mily Center Proj ect, Not -to-Exceed $520,000”

18. 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 CONS 22-444

Staff report submitted by Police Chief Chaplin, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-203, “ 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”

19. Adopt a Re solution 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 Projec t FD010 for Building Maintenance, Upgrades, and Improvements in Service Delivery CONS 22-449

Staff report submitted by Fire Chief Contreras, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-204, “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”

20. Adopt a Reso lution Authorizing the Hayward P olice Department to E nter into A Five - Year Agreement with Axon Enterprises, Inc. For the Purchase of Axon Fleet Vehicle Dash Cameras with Automated License Plate Reading Technology CONS 22-429

Staff report submitted by Chief Police Chaplin, dated July 5, 2022, was filed.

It was moved by Council Member Márquez, se conded by Co uncil Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 22-205, “Resolution Authorizing the Hayward Police Department to Enter into a Five-Year Agreement with Axon Enterprises, Inc. for the Purchase of Axon Fl eet Vehicle Dash Cameras with Automated License Plate Reading Technology”

LEGISLATIVE BUSINESS

21. City of Hayward Homelessness Update: 1) Receive Results of 2022 Point-in-Time Count Results; 2) Receiv e an Update on City of Haywar d Homelessness Efforts; 3) A dopt Resolutions for FY2023 Homelessness Related Prof essional Services Agreements (Continued from June 28, 2022) LB 22-018

Staff report submitted by Acting Assistant Cit y Manager Claussen, dated July 5, 2022, was filed.

12 | Ju ly 5 , 202 2
City M anager McAdoo introduced Man agement Analyst II L obedan and Management Analyst II Cole-Bloom who provided a synopsis of the staff report which included: results of the 2022 Homeless P oint in Time Count , update on Let’s Ho use Hay ward! Reduction Strategic Plan; update on the Winter Warming Shelter expansion and Day Resource Center; and updates on the Hayward Navigation Center and Hotel Annex.

Discussion ensued among members of the City Council and City staff re garding: the City’s collaboration with Bay Area Com munity Services (B ACS) and South Hayward Parish regarding referrals for the Haywar d Navigation Center; staff’s participation in countywide and regional discussions regarding planning and allocation of resources; staff’s work with a consultant to perform an initial assessment of implementing a safe parking p rogram; current process to ob tain in formation on the Hayward Navigation Center and how to qualify for service ; data available on individuals opting o ut of resources p rovided via the Hayward Navigation Center; data of participants entering t he program and information on where individuals were moving to and privacy rights; conversations with BACS on how to continue funding for services; Home Together 202 6 County wide Plan responsibilities among cities and counties and prioritization of services at the city level to ensure continuity of car e; importance of holding organizations accountable and ensuring that Hayward residents were being served; and job programs for unhoused individuals.

Mayor Halliday opened the public hearing at 7:53 p.m.

Ms. Ro Aguilar, Hayward resident, supported the H otel Annex program which provided independence, stability, privacy, and safety; and suggested the City study the cost of leasing a hotel long term.

Ms. Elena Lepe stated that homelessness numbers seemed to be concentrated in certain areas, wanted to s ee projections for 2023, and asked what outreach programs were available for families.

Mr. Warren Cushman, Alameda County Mental Health Advisory Board member, spoke about the correlation between mental health and homelessness; shared his personal e xperience; noted there may be opportunities for the City to procure mental health funds at the County and State levels; pointed out the challenges of individuals who have physical disabilities to receive services from shelters, and stressed the impor tance of cities in Al ameda County to work together.

Mr. Tom Ferreira, Hayward resident and Hayward Concerned Citizens member, commented that other cities should also assist in providing services to address homelessness, and urged the City to focus on efforts to increase affordable housing and eliminate in-lieu fees.

Mayor Halliday closed the public hearing at 8:05 p.m.

Members of the City Council commended City staff and the H omelessness-Housing Task Force for their efforts addressing housing needs.

Council Member Lamnin appreciated the dedication to reduce homelessness, appreciated the contribution of $82,000 by the Hayward Rotary Club for the purchase of a trailer for the Hayward Navigation Center, and hoped that other local shelter programs share data in future reports to achieve a more a ccurate reporting of homelessness in the city. Council Member Lamnin made a motion to approve staff’s recommendation.

Council Member Wahab seconded the motion ; recommended that, as the City enters into housing agreements, it should have au thority over operations such as presence of onsite security; requested more data be shared by providers of housing services, including substance abuse a nd mental health services with some elements that can remain privat e, to hold providers accountable and ensure success of the programs; and emphasized prioritizing the senior homeless population as it is expected to triple in the next decade.

Council Member Márquez commended Council Member Lamnin for leading the efforts on the City Council related to addressing homelessness in the city, commended staff for collaborating with surrounding cities on a regional issue, stated that an emphasis needs to be placed with state and federal lobbyists to identify revenue streams couple d with county commitments, and underscored the City set a good blueprint for the region and hoped that more cities will get on board to provide services similar to Hayward.

Mayor Hal liday noted that cities were striving to imp rove services for the homeless population and efforts were being made to have better dialogue and co operation from the county to meet the needs related to mental health and substance abuse treatment; added that being homeless also exacerbated physical disabilities; and was optimistic that more efforts were being placed in Hayward to address these issues.

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

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

Resolution 22-206, “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”

14 | Ju ly 5 , 202 2
Resolution 22-207, “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”

Resolution 22-208, “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”

WORK SESSION

22. Housing Element: Work Session on the Housing Resources, Inventory and Housing Plan of the 2023-2031 Housing Element WS 22-027

Staff report submitted by Acting Assistant City Manager/Acting Development Services Director Claussen, dated July 5, 2022, was filed.

City Manager McAdoo introduced Principal Planner Schmidt who provided a synopsis of the staff report.

Mayor Halliday opened the public comment section at 8:42 p.m.

Mr. Kenneth Do, Nor Cal Carpenters Local Union 713 field representative, noted that before approval of the Housing E lement, there needs to be a commitment to apprenticeship programs, liv able wages, me dical and retirement benefits; and urged the Council to adopt these labor standards as requirements for the Housing Element.

Ms. Ro Aguilar emphasized the importance to state a goal in the Housing Element to provide housing opportunities for lower income individuals and enable them to become homeowners, build w ealth, and join the middle class ; stressed that increasing inclusionary affordable housing was a way to accomplish the goal ; and advised against leaving decisions up to developers.

Mr. Warren Cushman stated that the affordable housing goal in the Housing Element was important to persons with disabilities; shared that people with disabilities live in high/low density areas , use public transportation, and need pedes trian acce ss; and expressed the importance of an equity lens approach to housing needs.

Ms. Elena Lepe, with El Puente Comunitario, underscored the importance of housing for low- income, persons with disabilities and the elderly; urged the City to be mindful of eviction upon the sale of a property ; and asked the City to listen to the communit y’s needs and provide inclusionary housing options.

Mayor Halliday closed the public comment period at 8:51 p.m.

Discussion ensued among members of the City Council , City st aff, and Mr. Jason Montague with Rincon Con sultants regar ding: criteria for identi fying inventory sites such as s ize, density, structure age, improvement to land value ratio and GIS analysis; policy of project labor agreements and hiring local; the Inclusionary Housing Ordinance; factors involved in the production of housing such as zoning des ignations, construction costs, and residual land value; Accessory Dwelling Unit (ADU) income analysis for the Association of Bay Area Governments (ABAG) region; policies related to homeownership under Goal 2 to assist in the development of affordable housing; preservation of at risk of conversion from affordable to market rate housing; and vacant site in front of Chabot College.

Members of the City Council commended staff for the extensive outreach related to updates to the proposed Housing Element.

Council Member Salinas cautioned staff to not take away economic development catalyst opportunities while identifying potential housing sites; was concerned about incrementally encroaching on space with mixed use; asked staff to analyze including specific language in the Housing Element regarding the policy of project labor agreements; urged staff to work with CSUEB and Chabot College in exploring housing opportunities and partnering them with creative housing solutions for students; and appreciated the extensive and deliberate community engagement done by staff.

Council Member Márquez thanked staff for the comprehensive engagement efforts; expressed sites ha d b een identif ied in the past with Regional Housing Need Allocation (RHNA) projections, but projects had not yet been developed; urged staff to be creative in increasing density near public transportation; asked staff to report on how many Hayward residents qualified for Measure A1 Housing Bond and the Down Payment Assistance program; and asked if American Rescue Plan Act (ARPA) and other funding mechanisms were being tracked and applied towards increasing homeownership.

Council Member Wahab asked staff to research the potential to include project labor agreements in housing projects and consider incorporating language about livable wages or local hire; had concerns that the AMI (average median income) for families in Hayward was significantly lower than the AMI for Alameda County and individuals who have a greater AMI were still unable to purchase a home; stressed the importance of prioritizing homeownership and providing housing units that were of appropriate and dignified size; suggested the criteria for the Minor Home Repair program also include safety improvements such as the installation of beams to support earthquake-resistant buildings; was concerned about rental monopolies and evi ctions; hoped that plans for ADUs could be expedited ; requested a report on the number of complaints from tenants, complaints from tenants’ rights groups, and evictions; and stressed the importance of adequate parking and developments that are environmentally

16 | Ju ly 5 , 202 2
friendly.

Council Member Lamnin appreciated the community and City Council input reflected in the draft documents, and dedicated outreach conducted; acknowledged the progress being made for the creation of affordable housing; underscored t he importance of pr otecting industrial/commercial sites; inquired if Economic Development anticipated any auto use for the former Hayward Chevrolet site; and noted her questions were already addressed via the Agenda Questions and Answers Log.

Mayor Halliday emphasized that Hayward has been proactively building housing for various income levels but the challenge has been the lack of funding for affordable housing and homeownership opportunities; emphasized the City’s role was to zone for housing and work with developers to permit housing; hoped that when reparation discussions occur, the state provide funding to compensate for some of t he in equities; noted that housing needs neighborhood-serving commercial development and transportation options; mentioned that Southland Mall co uld incorporate housing units similar to the San tana Row model with housing over commercial; and noted there w ere challenges with the availability of water supply which pits environmenta l co ncerns with urban deman ds for wat er sup ply and recommended this be add ressed in the Housing Element; and was proud of residents who advocated for diverse housing types.

PUBLIC HEARING

23. LLAD 96 -1 Assessment Hearing: Ad opt a R esolution to Approve the Final Engineer's Report, Recon firm Ma ximum Base Assessment Amounts, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Le vy 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 PH 22-040

Staff report submitted by Maintenance Services Director, Rullman, dated July 5, 2022, was filed.

Maintenance Services Dire ctor Rullman announced the report and introd uced Mr. Kyle Tankard with SCI Consulting Group who provided an overview of the three public hearings consisting of : 1) Landscaping and Lighting Assessment District (LLAD) No. 96 -1, Zones 1 through 18 ; 2) Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane ; and 3) Maintenance District No. 2 – Eden Shores Storm Water Buffer and Facilities.

There being no pu blic comments, Mayor Halliday opened and closed the p ublic h earing at 9:53 p.m.

Council Member Salinas made a motion and Council M ember Lamnin seconded the motion.

The motion included an amendment to the FY 2023 assessment amount for LLAD Zone 14 (Fund 282) from $704.16 to $638.65.

It was moved by Cou ncil Me mber Salinas, seconded by Council Member Lamnin with an amendment to change the assessment amount for Zone 14 from $704.16 to $ 683.65. The motion carried by the following roll call vote, to adopt the resolution.

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

Resolution 22-209, “ Resolution Approving the Final Engineer’s Report, Reconfirming Maximum Base Assessments, Confirming the Assessment Diagrams and Fiscal Assessments, and Ordering Levy and Collection of Fiscal Assessments for Fiscal Year 2023 for the Lan dscaping and Lighting Assessment District No. 96-1, Zones 1-18”

Resolution 22-210, “ Resolution Approving Funding Recommendations and Appropriating Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District No. 96 -1, Zones 1 Throu gh 1 8 for Fiscal Year 2023”

Council Member Zerme ño was participating in the meeting via the Zoom platform and his connection dropped during the public hearing.

24. Maintenance District No. 1 Public Hearing: Adopt a Resolution to Approve the Final Engineer's Re port, Confirm the Maximum Base Assessment Rate, C onfirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane, for Fiscal Year 2023 PH 22-041

Staff report submitted by Maintenance Services Dire ctor Rullman, dated July 5, 2022, was filed.

Mr. Kyle Tankard with SCI Consulting Group provided a synopsis of the staff report.

There being no public comments, Mayor Halliday o pened and closed the public h earing at 9:58 p.m.

Council Member Salinas made a motion and Council Member Márquez seconded the motion.

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Mayor Halliday expressed frustration at the rejection of an increased assessment and inclusion o f an annual inflation factor via the Pr oposition 218 Election in 2021 and underscored this has placed the district in debt to the County which was a significant amount.

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

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

Resolution 22-211, “ Resolution Approving the Engineer’s Report, Reconfirming M aximum Base Assessment Rate, Confirming the Assessment Diagram and Fiscal Assessment, and Ordering Levy and Collection of Fiscal Assessments for Fiscal Year 2023 for Maintenance District No. 1: Storm Drainage Pumping Station and Storm Drain - Pacheco Way, Stratford Road, and Ruus Lane”

Resolution 22-212, “ Resolution Approving Funding Recommendations and Appropriating the Special Revenue Funds for Maintenance District No. 1 For Fiscal Year 2023

25. Maintenance District No. 2 Public Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Confir m the Maximum Base A ssessment Rate, Confirm the Fisca l Assessment Rate, Confirm th e Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendatio ns and Appropriate Revenue and Expenditure Bu dgets for Maintenanc e District No. 2 – Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2023 PH 22-042

Staff report submitted by Maintenance Services Dire ctor, Rullman, dated July 5, 2022, was filed.

Mr. Kyle Tankard with SCI Consulting Group provided a synopsis of the staff report.

There being no public comments, Mayor Halliday opened and closed the public h earing at 10:03 p.m.

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

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

Resolution 22-213, “Resolution Approving the Final Engineer’s Report, Confirming Maximum Base Assessment Amount, Confirming the Fiscal Assessment Rate, Confirming the Assessment Diagram, and Ordering the Levy and Collection of the Fiscal Assessment for Fiscal Year 2023 for Maintenance District No. 2: Eden Shores Water Buffer Zone and Pre - Treatment Pond”

Resolution 22-214, “Resolution Approving Funding Recommendations and Appropriating the Special Revenue Funds for Maintenance District No. 2 for Fiscal Year 2023

LEGISLATIVE BUSINESS

26. Cal Cities 2022 Annual Confe rence: Adopt a Resolution Designating Voting Delegates and Alternates for the An nual Conference Scheduled for September 7 -9, 2022 (Report from City Clerk Lens) LB 22-019

Staff report submitted by City Clerk Lens, dated July 5, 2022, was filed.

City Clerk Lens provided a synopsis of the staff report.

There being no public comments, Mayor Halliday opened and closed the public h earing at 10:09 p.m.

Council Member Salinas nominated Mayor Halliday as the voting delega te to the Cal Cities Annual Conference.

Council Member Lamnin seconded the motion with an amendment to nominate Council Member Salinas as the alternate delegate to the Cal Cities Annual Conference.

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

20 | Ju ly 5 , 202 2

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

Resolution 22-215, “ Resolution Designating a Voting Delegate and an Alternate Voting Delegate as Hayward’s Representatives to the Cal Cities 2022 Annual Conference”

COUNCIL REPORTS AND ANNOUNCEMENTS

Mayor Halliday noted that a special City Council meeting was scheduled to be held on July 12, 2022 to conduct annual interviews and select members for service on City Commissions and the Keep Hayward Clean and Green Task Force; and noted the City Council will be in summer recess until September 20, 2022 but will hold two special meetings in August and September to pass resolutions to allow City Council, Committees, Commissions, and Task Forces to hold continued teleconferenced public meetings pursuant to AB 361.

Council Member Waha b requested that City Manager McAdoo provide updated COVID-19 statistics, commenting that COVID-19 cases wer e spiking once again and that public health announcements and information on testing centers should continue to be shared with the public via social media platforms.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the special City Council meeting at 10:14 p.m.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-106
DATE: September 20, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Special City Council Meeting on July 12, 2022

RECOMMENDATION
That the Council approves the Special City Council meeting minutes of July 12, 2022

SUMMARY
The City Council held a special meeting on July 12, 2022.

ATTACHMENTS
Attachment I Draft Minutes of July 12, 2022
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 1
powered by Legistar™

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/88230336572?pwd=NFVHbUJFTXhzTzltRFlyODZGU3FHQT09 Tuesday, July 12, 2022, 5:15 p.m.

The special City Council meeting was called to order by Mayor Halliday at 5:15 p.m. The City Council held a virtual meeting via the Zoom platform.

Pledge of Allegiance: Mayor Halliday

Present:

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

Absent: Council Member Zermeño

PUBLIC COMMENTS

There were none.

Mayor Halliday announced that Council Referral Number 6 would be heard after Consent Item

3. CONSENT

1. Approve the City Council Meeting Minutes of the City Council Meeting on June 28, 2022 MIN 22-090
It was moved by Council Member Lamnin, seconded by Council Member Salinas, and carried unanimously with Council Member Zerme ño absent , to approve the minutes of the City Council Meeting on June 28, 2022.

2. Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361 CONS 22-453

Staff report submitted by City Clerk Lens, dated July 12, 2022, was filed.

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

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

2 | Ju ly 12 , 202 2
Resolution 22-216, “Resolution Making the Required Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the Covid 19 State of Emergency”

3. Adopt a Resolution Approving the Transfer and Appropriation of $140,671.91 for the Tract 8058 Access and Utilities Project, Project No. 08058 , and Approving a Total Construction Contingency/Administrative Change Order Budget of $229,901.91 CONS 22-459

Staff report submitted by Public Works, Ameri and City Attorney, Lawson, dated July 12, 2022, was filed.

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

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

Resolution 22-217, “Resolution Approving the Transfer and Appropriation of $140,671.91 for the Tract 8058 Access and Utilities Project, Project No. 08058, and Approving Construction
Contingency/Administrative Change Order Budget in Amount of $229,901.91”

CITY COMMISSIONS INTERVIEWS

4. Annual City Commissions Interviews: Interview Applicants for Community Services Commission and Personnel Commi ssion; and Consider Keep Hayward Clean and Green Task Force (KHCGTF) Applicants Selected by the KHCGTF Subcommittee RPT 22-073

The City Council interviewed fifteen applicants; two applicants did not show. The Council also met with five current members wh ose attendance was below the 75% attendance requirement. The City Council concurred to allow KHCGTF Members Adom, Elwali, Hankins, Horner, Martinez, and Community Services Commissioner Cerna to continue to serve.

SELECTION

5. Selection of Members for Servic e on the Community Services Commission, Personnel Commission and Confirmation of Members for the Keep Hayward Clean and Green Task Force ACT 22-071

Formal action will be taken on September 20, 2022, during the City Council meeting.

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/88230336572?pwd=NFVHbUJFTXhzTzltRFlyODZGU3FHQT09 Tuesday, July 12, 2022, 5:15 p.m.

Community Services Commission

MÁRQUEZ, MOTION to reappoint Community Services Commission Members Berry, Garg, Ramirez-Amodei, and Thormoto , APPROVED, 6:0:1 (AYES: Andrews, Lamnin, Márquez, Salinas, Wahab, Halliday; ABSENT: Zermeño)

MÁRQUEZ, MOTION to select Jagdeep Singh a nd Lenita Wheele r (members) and Elena Lepe and Elaine Alvite (alternates) for the Community Services Commission, APPROVED, 6:0:1 (AYES: Andrews, Lamnin, Márquez, Salinas, Wahab, Halliday; ABSENT: Zermeño)

Library Commission

WAHAB, MOTION to reappoint Library Commission Members Goward and Purcell, APPROVED, 6:0:1 (AYES: Andrews, Lamnin, Márquez, Salinas, Wahab, Halliday; ABSENT:

Zermeño)

Personnel Commission

WAHAB, MOTION to reappoint Personnel Commission Member Thompson, APPROVED, 6:0:1 (AYES: Andrews, Lamnin, Márquez, Salinas, Wahab, Halliday; ABSENT: Zermeño)

SALINAS, MOTION to select Jadesola Edwards and Lucy Woo for the Personnel Commission, APPROVED, 6:0:1 (AYES: Andrews, Lamnin, Márquez, Salinas, Wahab, Halliday; ABSENT: Zermeño)

Planning Commission

WAHAB, MOTION to reappoint Planning Commission Members Bonilla Jr., Lowe , and Oquenda; and extend the term of Alternate Garg by one year ending in 2023, APPROVED, 6:0:1 (AYES: Andrews, Lamnin, Márquez, Salinas, Wahab, Halliday; ABSENT: Zermeño)

Keep Hayward Clean and Green Task Force (KHCGTF)

ANDREWS, MOTION to accept the recommendation from the KHCG TF Subcommittee (Attachment III) for new members of the KHCGTF with an amendment to exclude Jagdeep Singh and add Gordean Lum-Villiados in his place, APPROVED, 6:0:1 ( AYES: Andrews, Lamnin, Márquez, Salinas, Wahab, Halliday; ABSENT: Zermeño)

4 | Ju ly 12 , 202 2

COUNCIL REFERRALS

6. City Council Referral: Action for Sophia Mason and Other Children at Risk (Report from Councilmembers Andrews, Lamnin, and Márquez) RPT 22-074

Referral memorandum submitted by Council Members Andrews, Lamnin and Márquez, dated July 12, 2022, was filed.

The referral sought Council’s action for Sophia Maso n and other children at risk. Council Member Andrews indicated the requested action included: 1) send a letter to the Alameda County Board of Supervisors in support of an independent investigation regarding the child welfare ca se and dea th of Sop hia Ma son; and 2) send a letter to state representatives in support of P iqui’s Law : Kee ping Children Safe from Famil y Violence SB 616 (Rubio); and urged that the current reward set by the Merced Police Department be increased from $3,000 to $170,000, from any Federal or State available sources, to match the reward for information regarding the death of Gabby Petito.

Mayor Halliday clarified that the letter to the Alameda County B oard of Sup ervisors be addressed to Supervisor Valle and the second letter sent to U.S. Representative Eric Swalwell, California State Senator Bob Wieckowski, and California State Assembly Member Bill Quirk.

Discussion ensued about the amount of the reward when looking for suspects.

Council Member Wahab supported the referral, and asked staff to review the City’s reward amount and, if possible, increased for minors.

Council Member Márquez clarified that the reward amount is generated by the non -profit organization Crime Stoppers, suppo rted the referral and flagging the matter for stat e and federal representatives to support increasing the reward to find out what happen ed and correct situations from happening again to any young children, and gave condolences to the family of Sophia Mason.

There being no public comment, Mayor Halliday open ed and cl osed the public comment section at 5:18 p.m.

Mayor Halliday noted staff would draft the letters and have them reviewed by members of the City Council before sending them to the representatives.

It was moved by Cou ncil Member Andrews, seconded by Council Member s L amnin and Márquez, and ca rried by the followi ng rol l cal l vote, to approve the referral and follow procedures to support increasing the reward set by Merced from $3,000 to $170,000.

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/88230336572?pwd=NFVHbUJFTXhzTzltRFlyODZGU3FHQT09 Tuesday, July 12, 2022, 5:15 p.m.

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

ADJOURNMENT

Mayor Halliday adjourned the special meeting at 10:39 p.m.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-107
DATE: September 20, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Special City Council Meeting on August 9, 2022

RECOMMENDATION
That the Council approves the Special City Council meeting minutes of August 9, 2022

SUMMARY
The City Council held a special meeting on August 9, 2022.

ATTACHMENTS
Attachment I Draft Minutes of August 9, 2022
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 1
powered by Legistar™

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/86750790396?pwd=RTJCSGdMTjAyMFd1ZjhZUmFycnhJZz09 Tuesday, August 9, 2022, 5:30 p.m.

The special City Council meeting was called to order by Mayor Halliday at 5:30 p.m. The City Council held a virtual meeting via the Zoom platform.

Pledge of Allegiance: Council Member Andrews

Present:

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

Absent: Council Member Márquez

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session at 5:02 p.m., with Council Member Márquez absent, regarding conference with property negotiators pursuant to Government Code section 54956.8 concerning 23950 Mission Blvd, Hayward, CA 94544 , APN: 445-0001- 002-00. Assistant City Attorney Vigilia indicated there was no reportable action regarding the item. The closed session adjourned at 5:29 p.m.

PUBLIC COMMENTS

There were none.

CITY MANAGER’S COMMENTS

There were none.

CONSENT

1. Adopt a Resolution Authorizing the City Manager to: (1) Execute a Standard Agreement or Other Executing Documents and Any Subsequent Amendmen ts, Mod ifications, or Documents Thereto with the California St ate Department of Housing and Community Development or Other State Agency; (2) Accept and Appropriate Funds A warded by the California State Legislature Under Assembly Bill 178 in an Amount Up to $5.7 Million for Mission Paradise; and (3) Allocate Funds Totaling Up to $5.7 Million to EAH ’s Mission Paradise Project to Develop 76 Units of Affordable Senior Housing a s Included in Assembly Bill 178 CONS 22-470

Staff report submitted by Acting Assistant City Manager Claussen, dated August 9, 2022, was filed.

2 | A u g u s t 8 , 202 2
It was moved by Council Member Wahab, seconded by Council Member Salinas, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 22-218, “ Resolution Authorizing the City Manager to: 1) Execute a Standard Agreement or Other Executing Documents and Any Subsequent Amendments, Modi fications, or Documents Thereto with the California State Department of Housi ng and Community Development or Other State Agency; and 2) Accept and Appropriate Funds Awarded by the California State Legislature Under Assembly Bill 178 in the Amount Up to $5. 7 Million for Mission P aradise ; and 3) Allocate Up to $5.7 Million to EAH’s Mission Paradise Project to Develop 76 Units of Affordable Senior Housing as Included in Assembly Bill 178”

2. Adopt a Resolution Authorizing the City Manager to Negotiate and Execu te a Professional Servi ces Agreement with Gray-Bowen-Scott for Consulting Se rvices to Support SR-92/Whitesell Interchange - Project Initiation Document, Project No. 05334, in an Amount Not-To-Exceed $171,300 CONS 22-471

Staff report submitted by Public Works Director Ameri, dated August 9, 2022, was filed.

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

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

Resolution 22-219, “ Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Gray- Bowen-Scott for Consulting Ser vices to Support S R-92/Whitesell Interchange – Project Initiation Document, Project N o. 0533 4 in an Amount Not-to-Exceed $171,300”

3. Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361 CONS 22-473

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/86750790396?pwd=RTJCSGdMTjAyMFd1ZjhZUmFycnhJZz09 Tuesday, August 9, 2022, 5:30 p.m.

Staff report submitted by City Clerk Lens, dated August 9, 2022, was filed.

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

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

Resolution 22-220, “Resolution Making the Required Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the Covid 19 State of Emergency”

4. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 3 with St.

Francis Electric, Inc., for Traffic Signal and Streetlight Mainte nance Project Nos. 05187 and 05189 Whereby Increasing the Professional Services Agreement by $300,000 for a Total Not-To Exceed Amount of $1,164,000 CONS 22-474

Staff report submitted by Public Works Director Ameri, dated August 9, 2022, was filed.

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

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

Resolution 22-221, “Resolution Authorizing the City Manager to Execute Amendment No. 3 Agreement with St. Francis Electric, Inc., for Traffic Signal and Streetlight Maintenance Project Nos. 05187 and 051 89 Whereby Increasing the Professional Services by $300,000 for a Total Not-to-Exceed Amount of $1,164,000”

5. Adopt a Resolution Awarding a Contract to The Garland Company f or the Hayward Police Department Roof Replacement - 300 W. Winton Ave CIP Project No. 07203, in an Amount Not-to-Exceed $1,160,865 CONS 22-475
4 | A u g u s t 8 , 202 2

Staff report submitted by Maintenance Services Director Rullman, dated August 9, 2022, was filed.

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

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

Resolution 22-222, “ Resolution Authorizing the City Manager to Negotiate and Execute a Contract with the Garland Company for the Hayward Police Department Headquarters Roof Replacement, Project 07203 in an Amount Not-to-Exceed $1,160,865”

Resolution 22-223, “Resolution Authorizing the Transfer of $5,902,372 from the Workers’ Compensation Fund to the General Fund”

6. Adopt a Resolution Authorizing the Mayor to Sign Letters of Support for Assembly Bill 256 (Kalra), Also Known as the California Racial Justice for All Act CONS 22-476

Staff report submitted by Acting Assistant City Manager Claussen, dated August 9, 2022, was filed.

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

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

Resolution 22-224, “Resolution Authorizing the Mayor to Sign Letters of Support for Assembly Bill 256 (K ALRA), also Known as the California Racial Justice for All Act”

7. Adopt Resolutions 1 ) Appropriating a $627,554 Community Development Block Grant Award to Bay Area Comm unity Services (BACS) to Acquire the St. Regis Retirement Center; and 2) Authorizing the City Manager to Negotiate and Approve a $2 Million Loan to BACS for Down Payment Ass istance to Acquire the St. Regis Retirement Center and Authorizing an Ame ndment to the FY 2023 Operating Budget by $2 Million in the General Fund CONS 22-477

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/86750790396?pwd=RTJCSGdMTjAyMFd1ZjhZUmFycnhJZz09 Tuesday, August 9, 2022, 5:30 p.m.

Staff report submitted by Assistant City Manager Ott and Finance Director Claussen, dated August 9, 2022, was filed.

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

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

Resolution 22-225, “Resolution Appropriating a $627,554 Community Development Block Grant (C DBG) Award to Bay Area Co mmunity Services (BACS) to Acquire the St. Regis Retirement Center”

Resolution 22-226, “Resolution Authorizing the City Manager to Negotiate and Approve a $2 Million Loan to Bay Area Community Services (B ACS) for Down Payment Assistance to Acquire St. Regis Retirement Center”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews announced that the Downtown Hayward Street Party would be held on August 18, 2022 and encouraged all to attend.

Council Member Salinas shared that approximately 1,200 children participated in the Words for Lunch summer program at Mia’s Dream Come True Playground and Heritage Plaza; and thanked Library staff and volunteers for their participation with reading activities, Hayward Unified School District for providing lunches, Hayward Area Recreation and Park District for partnering to allow use of the sites, and students and parents for their participation.

Mayor Halliday shared information about August 6, 2022, activities she attended which included a presentation of a proclamation to Hayward Farmer’s Market honoring National Farmer’s Market Wee k, a Drag Queen Story Time event at the downtown library, a ribbon cutting ceremony for the Breastfeeding and Pumping Station at the downtown library, and Chinese dance performances by the youth; and thanked Librar y staff for coordinating these events.

Council Me mber Wahab suggested staff consider , if the re were available funds, public restroom facilities in the Heritage Plaza that would be self-cleaning and remain open 24/7. 6 | A u g u s t 8 , 202 2

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the special City Council meeting at 5:46 p.m.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-108
DATE: September 20, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Special City Council Meeting on September 6, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of September 6, 2022

SUMMARY
The City Council held a meeting on September 6, 2022.

ATTACHMENTS
Attachment I Draft Minutes of September 6, 2022
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 1
powered by Legistar™

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/85088916394?pwd=dkt3aXp5ZzRqYkY4Z3RQTkRrUVJwQT09 Tuesday, September 6, 2022, 5:00 p.m.

The special City Council meeting was called to order by Mayor Halliday at 5:08 p.m. The City Council held a virtual meeting via the Zoom platform.

Pledge of Allegiance: Mayor Halliday

Present:

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

Absent: Council Member Márquez

PUBLIC COMMENTS

There were none.

CONSENT

Consent Item No. 1 was removed from the Consent Calendar to allow for a separate vote.

1. Adopt a Resolution Approving Plans and Specifi cations and Call for Bids for the Traffic Signal Modification a t Huntwood/Industrial and Huntwood/Sandoval Intersections Project, Project No. 05737 CONS 22-478

Staff report submitted by Public Works Director Ameri, dated September 6, 2022, was filed.

The item was pulled from the Consent Calendar by Council Member Wahab. Public Works Director Ameri provided clarity about the proposed project improvement related to peer-to- peer communications, and hybrid video detection for bikes and queue cutters.

Council Member Zermeño commended Public Works Director Ameri on the recommended improvements.

It was moved by Cou ncil Member Wahab, seconded by Mayor Halliday, and carried by the following roll call vote, to adopt the resolution.

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

2 | S e p t e m b e r 6 , 2 0 2 2
Resolution 22-227, “Resolution Approving Plans and Specifications and Call for Bids for Traffic Signal Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project, Project No. 05737”

2. Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361 CONS 22-481

Staff report submitted by City Clerk Lens, dated September 6, 2022, was filed.

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

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

Resolution 22-228, “Resolution Making the Required Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the Covid 19 State of Emergency”

Council Member Salinas was participating via the Zoom platform and lost connection during the vote for Item 2.

INFORMATIONAL ITEM

3. Informational Report on Cal Cities 2022 Annual Conference Scheduled for September 7- 9, 2022 RPT 22-082

Staff report submitted by Assistant City Manager Ott, dated September 6, 2022, was filed.

The item was presented as general information for Council and the public ; t here was no action taken or requests to speak on the item.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Lamnin reported she attended the 100th Anniversary celebra tion of the Bom Jesus Milagroso Hall on behalf of Mayor Halliday and presented a proclamation to the Counsel General of Portugal, faith leadership and community leaders hip from the Portuguese community.

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/85088916394?pwd=dkt3aXp5ZzRqYkY4Z3RQTkRrUVJwQT09 Tuesday, September 6, 2022, 5:00 p.m.

Council Member Andrews recognized staff wh o worked on Russell Cit y, acknowledged Alameda County Board Education Trus tee Knowles for organiz ing the pic nic at Kennedy Park and thanked dignitaries who attended the event.

City Manager McAdoo shared t hat the first community meeting for the Russell City Reparative Justice project would be held on September 13, 2022, via Zoom and in person at City Hall.

Council Mem ber Salinas congratulated the Hayward Chamber of Commerce fo r h osting a well-attended Downtown Hayward S treet Party even t and thanked City staff for their efforts towards the success of the event.

ADJOURNMENT

Mayor Halliday adjourned the special City Council meeting at 5:20 p.m.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-500
DATE: September 20, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code

RECOMMENDATION
That Council adopts a resolution (Attachment II) accepting revisions to the Conflict of Interest Code for the City of Hayward.

SUMMARY
City staff have reviewed its Conflict of Interest Code and determined that an amendment is necessary to reflect organizational changes. The City’s amended code is not effective until approved by the Council.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Designated Positions
Attachment IV Disclosure Categories
Attachment V Provisions of Conflict of Interest Code
Attachment VI 2022 Local Agency Biennial Notice
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 1
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DATE: September 20, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code

RECOMMENDATION

That Council adopts a resolution (Attachment II) accepting revisions to the Conflict of Interest Code for the City of Hayward.

SUMMARY

City staff have reviewed its Conflict of Interest Code and determined that an amendment is necessary to reflect organizational changes. The City’s amended code is not effective until approved by the Council.

BACKGROUND AND DISCUSSION

The Political Reform Act of 1974 requires every government agency to review its conflict of interest code biennially to determine whether amendments are required. City Administrative Rule, Section 9.1, is the City’s Conflict of Interest Code (Code). The Code designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to the positions requires that all investments, business positions, interests in real property, and sources of income that may be affected materially by the decisions made by those holding designated positions be reported.

The City’s last Conflict of Interest Code update was approved on September 29, 2020. The list of designated positions (Attachment III) has been updated to include new positions and minor changes shown in bold and red text.

There are three components of the Code: designated positions, disclosure categories, and terms of the Code.

Designated Positions: The Code must list all designated positions. Pursuant to Government Code Section 820191, a designated employee is an employee, officer, member, or consultant of

1 Gov. Code Section 82019
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=82019

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an agency whose position is designated in the Code because the position entails the making or participation in the making of governmental decisions that may foreseeably have a material effect on his or her financial interest. Individuals holding positions listed in Attachment III are designated individuals who must file Statements of Economic Interests (Form 700).

The City of Hayward continues to use the State’s Fair Political Practices Commission (FPPC) Form 804 (Agency Report of New Positions) and FPPC Form 805 (Agency Report of Consultants) to identify new positions and consultants who participate in making governmental decisions on behalf of the City.

The designations of Mayor, Council Member, Planning Commissioner, City Manager, City Attorney, and Finance Director are required by State law to file disclosure of their economic interests under Government Code Section 872002.

Individuals holding designated positions file the Form 700 with the City Clerk. Form 700 statements are available for public inspection and reproduction according to FPPC regulations.

Disclosure Categories: The Code requires disclosure of the types of investment, interests in real property, sources of income, and business positions that may be affected by the decision- making of designated positions. Disclosure Categories are included in Attachment IV.

Terms of the Code: The terms of the Code comprise the main body of the Code and provide provisions for reporting financial interests and disqualification procedures among others.

The FPPC recommends that cities incorporate by reference Regulation 18730, Title 2, Division 6 of the California Code of Regulations. Regulation 18730-Provisions of Conflict of Interest Codes3 (Attachment V) contains all the information required to be contained in the City’s Code.

FISCAL IMPACT

There is no fiscal impact associated with this agenda item.

STRATEGIC INITIATIVES

This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.

2 Gov. Code Section 87200
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=87200&lawCode=GOV

3 Regulation 18730 https://www.fppc.ca.gov/content/dam/fppc/NS- Documents/LegalDiv/Regulations/NonsubstantiveAmendments/18730.Provisions-of-Conflict-of-Interest- Codes.pdf

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NEXT STEPS

Upon adoption of the proposed resolution, Administrative Rule 9.1 (City’s Conflict of Interest Code) will be revised and distributed to Form 700 (Statement of Economic Interests) filers; added to NetFile, the City’s electronic filing system; and distributed to the FPPC.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

_________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member _______________

RESOLUTION ACCEPTING ADDITIONS TO THE CITY OF HAYWARD

CONFLICT OF INTEREST CODE

WHEREAS, the Political Reform Act of 1974 requires every local government agency to review its Conflict of Interest Code biennially to determine if it must be amended; and

WHEREAS, the City Administrative Rule Section 9.1 is the City ’s Conflict of Interest Code for the City of Hayward; and

WHEREAS, most additions to the Conflict of I nterest Co de reflects recent organizational changes.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby accepts the additions to the Conflict of Interest Code for the City of Hayward.

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

DESIGNATED POSITIONS ATTACHMENT III

DESIGNATIONS CATEGORIES
Assistant City Attorney 2, 3, 5, 6, 7
Deputy City Attorney I/II 2, 3, 5, 6, 7
Senior Assistant City Attorney 2, 3, 5, 6, 7
City Clerk 1
Deputy City Clerk 2, 3
Assistant City Manager 1
Community Services Manager 1
Deputy City Manager 2, 3, 5, 6, 7
Communications and Marketing Officer 2, 3, 6
Digital Application Developer 3
Economic Development Manager 2, 3, 5, 6, 7
Economic Development Specialist 2, 3, 5, 6, 7
Housing Development Specialist 2, 4, 5, 6, 7
Housing Manager 1
Management Analyst I/II 2, 4, 5, 6
Assistant Planner 2, 4, 5, 6,7
Assistant/Associate Engineer 2, 4, 5, 6,7
Associate Planner 2, 4, 5, 6,7
Building Inspector 2, 4, 5, 6, 7
City Building Official 2, 3, 5, 6
Code Enforcement Manager 2, 3, 5, 6
Code Enforcement Inspector I/II 2, 5
Deputy Director of Development Services 1
Landscape Architect 2, 4, 5, 6, 7
Management Analyst I/II 2, 4, 5, 6
Plan Checker 2, 4, 5, 6, 7
Plan Check Engineer 2, 4, 5, 6, 7
Planning Manager 2, 3, 5, 6, 7
Principal Planner 2, 4, 5, 6, 7
Senior Building Inspector/Structural 2, 4, 5, 6, 7
Senior Building Inspector/Electrical 2, 4, 5, 6, 7
Senior Building Inspector/Plumbing/Mechanical 2, 4, 5, 6, 7 Senior Civil Engineer 2, 4, 5, 6, 7
Senior Code Enforcement Inspector 2, 5
Senior Planner Checker 2, 4, 5, 6, 7
Senior Planner 2, 4, 5, 6, 7
Supervising Building Inspector 2, 4, 5, 6, 7
City Attorney Department
City Clerk Department
City Manager Department
Development Services Department

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DESIGNATED POSITIONS ATTACHMENT III
Supervising Plan Checker/Expediter 2, 4, 5, 6, 7
Accounting Manager 2,3,5,6,7
Budget Officer 2,3,5,6,7
Deputy Director of Finance 2, 3, 5, 6, 7
Management Analyst I/II 2,3,5,6,7
Revenue Manager 2,3,5,6,7
Purchasing and Services Manager 2,3,5,6,7
Senior Accountant 2, 3, 5, 6, 7
Battalion Chief 2,4,5,6
Deputy Fire Chief 2,3,5,6
Emergency Medical Service Coordinator 2,4,5,6
Environmental Specialist 2,4,5,6
Fire Chief 2,4,5,6
Fire Marshal 2,3,5,6
Fire Prevention Inspector 2,4,5,6
Fire Protection Engineer 2,4,5,6
Fire Services Supervisor 2,4,5,6
Fire Training Officer 2,4,5,6
Hazardous Materials Investigator 2,4,5,6
Hazardous Materials Program Coordinator 2,4,5,6
Management Analyst II 2,4,5,6
Staff Captain (Assistant Fire Marshal) 2,4,5,6
Staff Captaian (Emergency Services Officer)Staff Captain (Emergency Services Officer) 2,4,5,6 Staff Captain (Public Education Officer) 2,4,5,6
Training Officer 2,4,5,6
Deputy Deputy Human Resources Director 1
Human Resources Analyst I/ II 4
Human Resources Director 1
Human Resources Technician 4
Senior Human Resources Analyst 4
Education Services Manager 4, 7
Library Director 1
Library Operations Manager 4,7
Management Analyst I/II 2,4,7
Supervising Librarian I 4, 7
Fire Department
Human Resources Department
Library Services Department
Finance Department
Development Services Department (Cont.)

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DESIGNATED POSITIONS ATTACHMENT III
Administrative Supervisor 2,4,5,6
Director of Maintenance Services 1
Facilities & Building Manager 2,4,5,6
Fleet Maintenance Manager 2,4
Landscape Maintenance Manager 2,4
Landscape Maintenance Supervisor 2,4
Management Analyst I/II 2,4,5,6
Street Maintenance Manager 2,4
Street Maintenance Supervisor 2,4
Animal Services Administrator 4,7
Communications Administrator 2,4,5
Deputy Police Chief 1
Jail Administrator 2, 4
Management Analyst I/II 2,4,5,6
Operations Support Services Manager 2,4,5
Personnel and Training Administrator 2,4,5
Personnel and Training Lieutenant 2,4,5
Personnel and Training Sergeant 2,4,5
Police Captain 2,4,5,6,7
Police Chief 1
Police Program Analyst 2,4,5,6,7
Property and Evidence Administrator 2,4
Records Administrator 2,4,5
Senior Management Analyst 2, 4, 5, 6, 7
Youth and Family Services Administrator 2,4,5,7
Administrative Supervisor 2,4,5,6
Airport Business Supervisor 2,4,5,6
Airport Manager 2,4,5,6
Airport Operations Supervisor 2,4,5,6
Assistant Director of Public Works 2,4,5,6
Deputy Director of Public Works 2,3,5,6
Director of Public Works 1
Environmental Services Manager 2,4,5,6
Management Analyst I/II 2,4,5,6
Real Property Manager 1
Senior Civil Engineer 2,4,5,6
Senior Management Analyst 2,4,5,6
Senior Transportation Engineer 2,4,5,6
Senior Utilities Engineer 2,4,5,6
Senior Water Resources Engineer 2,4,5,6
Department of Public Works & Utilities
Maintenance Services Department
Police Department

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DESIGNATED POSITIONS ATTACHMENT III
Solid Waste Program Manager 2,4,5,6
Supervising Construction Inspector 2,4,5,6
Transportation Manager 2,4,5,6
Utilities Engineering Manager 2,4,5,6
Utilities Field Services Supervisor 2,4,5,6
Utilities Operations and Maintenance Manager 2,4,5,6
Utilities Operations and Maintenance Supervisor 2,4,5,6 Wastewater Collection System Supervisor 2,4,5,6
Water Pollution Control Administrator 2,4,5,6
Water Pollution Control Facility Manager 2,4,5,6
Water Pollution Control Facility Laboratory Supervisor 2,4,5,6 Water Pollution Control Facility Operations and Maintenance Manager 2,4,5,6 Water Pollution Control Facility Maintenance Supervisor 2,4,5,6 Water Pollution Control Facility Operations Supervisor 2,4,5,6 Water Resources Manager 2,4,5,6
Deputy Information Technology Director 1
Information Systems Manager 2,3
Information Technology Manager 2, 3
Network Systems Specialist 2,4
Information Technology Director 1
Associated Community Action Program 1
Community Services Commission 2,4,5,6,7
Council Economic Development Committee 2,4,5,6,7
Deferred Compensation Committee 2,3,5,6,7
Investment Advisory Committee 2,3,5,6,7
Program and Project Consultants 2,4,5,6,7
Small Business Revolving Loan Fund Committee 2,4,7
City Attorney 1
City Council 1
City Manager 1
Director of Finance 1
Planning Commission 1
Advisors, Consultants, and Volunteers
Government Code Section 87200 Designated Officers
Technology Services Department
Department of Public Works & Utilities (Cont.)

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ATTACHMENT IV

DISCLOSURE CATEGORIES

CATEGORY 1

All designated positions in this category shall disclose all sources of income, all investments and management positions with business entities, and all interests in real property located in the City of Hayward.

Designated positions in this category must complete all schedules on the Form 700 Statement of Economic Interests Form:
 Schedule A-1: Investments
 Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts  Schedule B: Interest in Real Property
 Schedule C: Income, Loans, and Business Positions
 Schedule D: Income – Gifts
 Schedule E: Income – Travel Payments, Advances, and Reimbursements

CATEGORY 2

All designated positions in this category shall disclose all interests in real property located in the City of Hayward.

Designated positions in this category must complete Form 700 Statement of Economic Interests Schedule B: Interest in Real Property.

CATEGORY 3

All designated positions in this category shall disclose investments, management positions with business entities and sources of income from business entities , which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Hayward.

Designated positions in this category must complete the following schedules on the Form 700 Statement of Economic Interests Form:
 Schedule A-1: Investments
 Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts  Schedule C: Income, Loans, and Business Positions
 Schedule D: Income – Gifts

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CATEGORY 4

All designated positions in this category shall disclose investments, management positions with business entities and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the designated person’s department, division, board, commission, committee or task force.

Designated positions in thi s category must complete the following schedules on the Form 700 Statement of Economic Interests Form:
 Schedule A-1: Investments
 Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts  Schedule C: Income, Loans, and Business Positions
 Schedule D: Income – Gifts

CATEGORY 5

All designated positions in this category shall disclose all investments, management positions with business entities and sources of income from business entities, and interests in real property, which are subject to the regulatory, permit or licensing authority of the City of Hayward.

CATEGORY 6

All designated positions in this category shall disclose all investments, management positions with business entities and sources of income from business entities which engage in land development, construction or the acquisition or sale of real property, and all interests in real property in the City of Hayward.

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CATEGORY 7

All designated positions in this category shall disclose all investments, management positions with business entities and sources of income (including gifts, loans, travel payments, or income from a nonprofit organization) if the source is of the type to receive grants or other monies from or through the City of Hayward.

Designated p ositions in this category must complete the following schedules on the Form 700 Statement of Economic Interests Form:
 Schedule A-1: Investments
 Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts  Schedule C: Income, Loans, and Business Positions
 Schedule D: Income – Gifts

1 2/22/21 Amend 18730
Amend 2 Cal. Code Regs., Section 18730 to read: 1
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§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.

ATACHMENT V
2 2/22/21 Amend 18730
(3) Section 3. Disclosure Categories.1
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This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. 1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her the employee’s statement of economic interests those economic interests he or she the employee has which are of the kind described in the disclosure categories to which he or she the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she the employee foreseeably can affect materially through the conduct of his or her the employee’s office.
(4) Section 4. Statements of Economic Interests: Place of Filing. 3 2/22/21 Amend 18730
The code reviewing body shall instruct all designated employees within its code to file 1 2 3
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22 statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her the person’s return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her the person’s military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. 4 2/22/21 Amend 18730
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22 notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she the person did not make or participate in the making of, or use his or her the person’s position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her the person’s appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 5 2/22/21 Amend 18730
months prior to the date of assuming office or the date of being appointed or nominated, 1 2 3
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(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property 3 is required to be reported, 4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property; 6 2/22/21 Amend 18730

4. A statement whether the fair market value of the investment or interest in real property 1 2 3
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22 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, 5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, 6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. 7 2/22/21 Amend 18730
(D) Business Position Disclosure. When business positions are required to be reported, a 1 2 3
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designated employee shall list the name and address of each business entity in which he or she the employee is a director, officer, partner, trustee, employee, or in which he or she the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her the member’s or employee’s statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar 8 2/22/21 Amend 18730
year from any single source, if the member or employee would be required to report the receipt 1 2 3
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of income or gifts from that source on his or her the member’s or employee’s statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has 9 2/22/21 Amend 18730
direction and control. This subdivision shall not apply to loans made by banks or other financial 1 2 3
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institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. 10 2/22/21 Amend 18730
(8.3) Section 8.3. Loan Terms. 1
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(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her the officer’s election to office through the date he or she the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
11 2/22/21 Amend 18730

2. If the loan has no defined date or dates for repayment, when one year has elapsed from 1 2 3
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a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
12 2/22/21 Amend 18730
No designated employee shall make, participate in making, or in any way attempt to use 1 2 3
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(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her the employee’s participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is 13 2/22/21 Amend 18730
needed to break a tie does not make his or her the employees’ participation legally required for 1 2 3
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purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her the official’s official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her the official’s immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she the employee should not make a governmental decision because he or she the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her the employee’s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
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(12) Section 12. Violations.1
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22 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. ____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, 15 2/22/21 Amend 18730
spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 1 2 3
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5 A designated employee's income includes his or her the employee’s community property interest in the income of his or her the employee’s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-482
DATE: September 20, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Nelson Nygaard Consulting Associates to Provide Paratransit Consulting Services for the Hayward Operated Paratransit Program in an Amount Not-to-Exceed $100,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement with Nelson Nygaard Consulting Associates (Nelson/Nygaard) to provide paratransit consulting services for the Hayward Operated Paratransit (HOP) program in an amount not-to-exceed $100,000, in a form to be approved by the City Attorney.

SUMMARY
The HOP program provides paratransit and related services to eligible enrolled residents and their attendants who live in Hayward, the unincorporated areas of San Leandro, Castro Valley, San Lorenzo, Ashland, Cherryland, and Fairview.

Since the onset of the COVID-19 pandemic, the demand for paratransit services has changed and many services providers, including HOP service partners, have had to adapt service delivery models in order to meet resident needs while maintaining safe practices. Staff continues to work with these agencies to safely resume services. However, at the conclusion of FY 2021, the majority of HOP service providers did not meet their targeted goals.

Due to these ongoing challenges and potential long-term impacts to public transportation and paratransit services, staff is recommending completing a comprehensive evaluation of the HOP program in order to evaluate existing conditions and HOP services to ensure compliance, identify currents needs and service gaps, and determine initial implementation processes.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 2
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File #:CONS 22-482
Attachment II Resolution
Attachment III Single Source Justification Form
CITY OF HAYWARD Printed on 9/16/2022Page 2 of 2
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DATE: September 20, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Nelson Nygaard Consulting Associates to Provide Paratransit Consulting Services for the Hayward Operated Paratransit Program in an Amount Not-to-Exceed $100,000

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement with Nelson Nygaard Consulting Associates (Nelson/Nygaard) to provide paratransit consulting services for the Hayward Operated Paratransit (HOP) program in an amount not-to-exceed $100,000, in a form to be approved by the City Attorney.

SUMMARY

The HOP program provides paratransit and related services to eligible enrolled residents and their attendants who live in Hayward, the unincorporated areas of San Leandro, Castro Valley, San Lorenzo, Ashland, Cherryland, and Fairview.

BACKGROUND

The City of Hayward submits an Annual Paratransit Program Plan to the Alameda County Transportation Commission (Alameda CTC) detailing the proposed parameters of paratransit

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service for seniors (70+) and people with certified disabilities. The HOP program, administered by the City’s Community Services Division, provides paratransit and related services to eligible enrolled riders and their attendants who live in Hayward, the unincorporated areas of San Leandro, Castro Valley, San Lorenzo, Ashland, and Cherryland.

In 2000, Alameda County voters approved the reauthorization of Measure B, the half -cent transportation sales tax, to deliver essential transportation services and improvements. In November 2014, voters approved Measure BB, authorizing the extension of Measure B to invest in capital projects addressing local transportation needs and programs that improve countywide transportation systems through March 31, 2022. The full one -cent sales tax authorized by Measure BB began on April 1, 2022, and will extend through March 31, 2045. The HOP program is funded in its entirety by Alameda County Measure B/BB Direct Local Distribution, administered by Alameda CTC.

In February each year, the City of Hayward submits an Annual Paratransit Program Plan to the Alameda CTC presenting the proposed parameters of eligible paratransit service for subsequent fiscal year. Alameda CTC staff reviews the City’s program plans and provides initial feedback. In April 20221, the proposed FY 2022-2023 Annual Paratransit Program Plan was presented to the Council and approved. The finalized FY 2022-2023 plan was presented to and unanimously approved by the Alameda CTC’s Paratransit Advisory and Planning Committee (PAPCO) in late April.

DISCUSSION

The HOP currently operates seven (7) paratransit and transportation related programs to provide a broad range of mobility options in addition to those offered by public transit. Over the last two years, several HOP services have been discontinued due to various reasons, including staffing shortages, operational challenges, and the inability to secure required insurance coverage.

Additionally, the COVID-19 pandemic continues to impact HOP services and participants.

Throughout the County, the demand for services and types of services have changed, resulting in some service gaps. Many of HOP service providers have adapted their service delivery model to continue services while adhering to Federal, State, and local guidelines, yet others are no longer available. Staff continues to work with these agencies and have requested updated plans for how the agencies plan to safely resume services. At the conclusion of FY 2021, the majority of HOP service providers did not meet their targeted goals and continue to struggle to keep up with a changing mobility landscape.

Due to these ongoing challenges and potential long-term impacts to public transportation and paratransit services, staff recommends a comprehensive evaluation of the HOP program and requests a single source approval for Nelson\Nygaard Consulting Associates to complete the evaluation.

1 April 5, 2022, Staff Report and Attachments
https://hayward.legistar.com/LegislationDetail.aspx?ID=5542822&GUID=839C9074-3043-45D0-89CE- E6F4B284F7B9&Options=&Search=

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Staff received a quote from Nelson\Nygaard in the amount of $90,000 for the proposed evaluation and implementation plan. Given the scope of work, staff is recommending a not-to- exceed amount of $90,000 for the proposed services and $10,000 for additional services that the City may authorize if needed, for a total not-to-exceed contract amount of $100,000. Staff has reviewed the costs for similar work performed for other agencies and believes that the negotiated contract amount is reasonable.

The proposed scope of work is as follows:

Task Cost
Evaluate existing conditions $20,000
Peer reviews of relevant programs $6,000
Community engagement $30,000
Identify needs and gaps from prior tasks $14,000
Identify initial implementation processes $20,000
Additional Services $10,000
Total $100,000

Nelson\Nygaard is a transportation planning firm committed to mobility, accessibility, and sustainability for all, with experience managing a wide range of multi-faceted paratransit programs. Per Alameda CTC Memorandum 6.92, Nelson\Nygaard was awarded a two-year contract with the option to extend for an additional three years to support Alameda CTC’s paratransit coordination. As part of their agreement, Nelson\Nygaard coordinates, monitors, prepares reports, researches, advises Alameda CTC staff on funding programs for seniors and people with disabilities, and provides technical assistance to support the implementation of local paratransit programs, including city-based programs such as HOP.

Neighboring jurisdictions, including the City of San Leandro that had historically partnered with HOP to administer the TNC on-demand service, are also in contract with Nelson\Nygaard to conduct similar consulting projects. Nelson\Nygaard is uniquely positioned to support local jurisdictions that administer city-based paratransit programs, such as the City of Hayward. If approved, Nelson\Nygaard would evaluate existing conditions and HOP services to ensure compliance, identify needs and service gaps, and identify initial implementation processes.

ECONOMIC IMPACT

The HOP is solely funded by Alameda County Measure B/BB funds. The services offer cost- effective transportation alternatives for eligible residents on fixed incomes. Caregivers also benefit when loved ones have reliable transportation options.

FISCAL IMPACT

2 April 15, 2021, Alameda CTC Memorandum 6.9
https://www.alamedactc.org/wp-content/uploads/2021/04/6.9_COMM_Para_Contract_Award_20210422.pdf

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On April 5, 2022, Council adopted a resolution approving the FY 2023 Measure B/BB Annual Paratransit Program Plan and budget. Furthermore, this project is programmed in the Alameda CTC approved FY 2022-2023 Annual Paratransit Program Plan Application for Measure BB Funding. Per Resolution 22-079, Council authorized an additional $100,000 in FY 2023 for Research, Marketing, and Data Collection. These funds are sufficient for the proposed evaluation.

The program costs, including research marketing and data collection costs, are entirely offset by the City’s Measure B/BB Paratransit special revenue fund derived from Measure B/BB sales tax revenues administered by Alameda CTC. This is no impact to the City’s General Fund.

STRATEGIC ROADMAP

The HOP program provides specialized services to seniors and individuals with certified disabilities and collaborates with Hayward Public Works to implement infrastructure improvements to increase safety and walkability in the City. This project intends to identify HOP service gaps and address unmet needs which supports the Strategic Priorities of Enhance Community Safety & Quality of Life and Invest in Infrastructure.

PUBLIC CONTACT

No public contact has been made related to this item. However, community outreach and engagement will be conducted as part of the evaluation. The public will have an opportunity to provide comments prior to the implementation of any major changes to the HOP program.

NEXT STEPS

If Council approves, the City Manager will execute the single source agreement with Nelson/Nygaard for paratransit consulting services (Attachment III). The proposed evaluation and initial implementation process is expected to be completed in FY 2023.

Prepared by: Carol Lee, Management Analyst

Recommended by: Monica Davis, Community Services Manager Jennifer Ott, Assistant City Manager

Approved by:

__________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH NELSON NYGAARD

CONSULTING ASSOCIATES, TO PROVIDE PARATRANSIT CONSULTING

SERVICES FOR THE HAYWARD OPERATED PARATRANSIT (HOP) PROGRAM IN AN AMOUNT NOT-TO-EXCEED $100,000

WHEREAS, voters approved the 20 -year Measure BB half -cent transportation sales tax on November 4, 2014 and the funding agreement of the measure between the Alameda County Transportation Commission and the City of Hayward; and

WHEREAS, the full one-cent sales tax authorized by Measure BB began April 1, 2022, and will extend through March 31, 2045; and

WHEREAS, the HOP program is funded in its entirety by Alameda County Measure B/BB Direct Local Distribution, administered by Alameda County Transportation Commission; and

WHEREAS, the City’s HOPO program is designed to complement and supplement the East Bay Paratransit service when it is unable to provide service or meet the needs of HOP participants who are seniors (70+) and people with certified disabilities; and

WHEREAS, HOP engages community partners to carry out all services through the Annual Paratransit Program Plan subject to Measure B/BB funding availability; and

WHEREAS, since the onset of the COVID -19 pandemic, the demand for paratransit services has changed and many HOP service partners, have had to adapt service delivery models in order to meet resident needs while maintaining safe practices; and

WHEREAS, staff continues to work with these agencies to safely resume services, but at the conclusion of FY 2021, the majority of HOP service providers did not meet their targeted goals; and

ATTACHMENT II

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WHEREAS, due to these ongoing challenges and potential long-term impacts to public transportation and paratransit services, staff is recommending completing a comprehensive evaluation of the HOP program in order to evaluate existing conditions and HOP services to ensure compliance, identify currents needs and service gaps, and determine initial implementation processes; and

WHEREAS, Nelson Nygaard Consulting Associates (Nelson\Nygaard) is a transportation planning firm committed to mobility, accessibility, and sustainability for all, with experience managing a wide range of multi-faceted paratransit programs

WHEREAS, Nelson\Nygaard coordinates, monitors, prepares reports, researches, advises Alameda CTC staff on funding programs for seniors and people with disabilities, and provides technical assistance to support the implementation of local paratransit programs, including city-based programs such as HOP; and

WHEREAS, Nelson\Nygaard is uniquely positioned to support local jurisdictions that administer city-based paratransit programs, such as the City of Hayward; and

WHEREAS, staff is requesting single source approval for Nelson\Nygaard to evaluate existing conditions and HOP services to ensure compliance, identify needs and service gaps, and identify initial implementation processes; and

WHEREAS, on April 5, 2022, Council adopted Resolution 22-079, approving the FY 2023 Measure B/BB Annual Paratransit Program Plan and budget , authorizing an additional $100,000 from Fund 217 (Measure B Paratransit Operations) in FY 2023 for Research, Marketing, and Data Collection; and

WHEREAS, these funds are sufficient for the proposed evaluation; and

WHEREAS, program costs, including research marketing and data collection costs, are entirely offset by the City’s Measure B/BB Paratransit special revenue fund derived from Measure B/BB sales tax revenues and this is no impact to the City’s General Fund.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to execute a single source professional services agreement with Nelson Nygaard Consulting Associates, to provide paratransit consulting services for the Hayward Operated Paratransit program in an amount not-to-exceed $100,000, in a form to be approved by the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

SINGLE SOURCE/SOLE SOURCE JUSTIFICATION
Purchasing and Services Division
777 B STREET • HAYWARD •CA • 94541-5007 510-583-4800 • 510-583-3600 FAX WWW.HAYWARD-CA.GOV

Instructions: Use this form whenever a specific product or services is required and no other acceptable alternatives is available and/or suitable. Please submit this form to the Purchasing Division completed with the approval of the City Manager or Assistant City Manager.

Section 1: Type of Justification – Check ONLY ONE BOX below.

SINGLE SOURCE JUSTIFICATION: Item or services being requested has unique performance features not found in other items but is available on the open market from multiple sources. Specific brand or manufacturer is required to complete task but it can be obtained from more than once source at the time.

SOLE SOURCE JUSTIFICATION: Item or services being requested has unique performance features not found in other items and is available only from a single manufacturer or from single dealer with excusive distribution rights.

Section 2: Required Information
All questions below must be fully completed to support a sole brand or sole source procurement. Attach any additional information to expand justification.

1. What is the particular product/services and the vendor chosen? Nelson\Nygaard Consulting Associates (Nelson\Nygaard) is being recommeded to provide specialized paratransit services in the form of a comprehensive evaluation of Hayward Operated Paratransit (HOP) program. Nelson\Nygaard will evaluate existing conditions and HOP services to ensure compliance, identify needs and service gaps, and identify initial implementation processes.

2. What are the unique performance features of the product/service you have specified that are not available from any other source? Be specific.

Nelson\Nygaard serves as consultants to the Alameda County Transportation Commission (Alameda CTC), supporting a range of transportation services and programs to support access throughout the county, including public transit, ADA paratransit, city-based paratransit programs, and organizations that provide volunteer drivers and/or training on how to travel using these services.

3. Why are these specific performance features required to perform its intended function? Explain why the design/performance features are essential.

As the consultant supporting Alameda CTC’s accessible transportation services available in Alameda County, Nelson\Nygaard is uniquely positioned to support local jurisdictions who administer city-based paratransit programs, such as the City of Hayward. The Nelson\Nygaard team has expertise in the management and oversight of transportation services and programs that support seniors and people with disabilities, including: public meeting facilitation and coordination; administration and coordination of local, regional, state and federal grant funding; outreach and information services; coordination with partner agencies; development and management of countywide initiatives; and technical assistance.

4. Explain efforts made to obtain best possible price. What is the anticipated cost for this purchase? Why do you consider the price to be fair and reasonable?
Nelson\Nygaard will work with staff to prepare a detailed budget reflecting time and materials, but the intial scope of work include the following items and cost estimates:
Evaluate existing conditions - $20,000
Description and demographics of Hayward and surrounding unincorporated areas Description of existing transportation options – City and non-City, and performance Special focus on unincorporated areas, e.g. what is outside of East Bay Paratransit Service area Funding landscape
Peer reviews of relevant programs - $6,000
What do these tell us about options and best practices? Discuss with staff in small training meeting/workshop Community engagement - $30,000
Determine methods – survey, social media? Workshops/open houses? Set up TAC? Attend existing stakeholder meetings, online? In-person?

ATTACHMENT III

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Identify needs and gaps from prior tasks - $14,000
Match strategies to needs
Develop strategies and prioritize, stakeholders involved in prioritization? Identify initial implementation processes - $20,000
Marketing and outreach
Modifications/improvements to existing programs/policies Development/launch of new programs
Plan to set up performance metrics and monitoring systems Final report

5. What other comparable products or services are available and why were they rejected and does not meet the department’s needs? State specific reasons to include manufacturer, brand name, model and vendor name.

Nelson\Nygaard is uniquely positioned to provide services having direct knowledge of both the City’s existing Paratransit Program as well as extensive stakeholder input from involvement with Paratransit Advisory and Planning Committee (PAPCO) and related advocacy on behalf of seniors and people with disabilities.

Section 3: Certification
I am aware of the requirement for competitive bidding and the established criteria for justification of sole source purchases. As an authorized department representative, I have gathered the required technical information and have made a concentrated effort to review comparable products and services for this purchase.

Requestor – Print Name:

Monica E. Davis, CSD Manager
Date:

August 17, 2022
Department Head Signature:

Department:

Community Services Division – Office of the City Manager

Section 4: Approval/Endorsement
Director of Finance:

Date:

City Manager/Assistant City Manager:

Date:

Revised 08/07/15

ATTACHMENT III

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-508
DATE: September 20, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions Authorizing the City Manager to 1) Execute a Professional Services Agreement with Raftelis to Prepare the FY24 and FY25 Water, Wastewater, Recycled Water Rate Studies and Connection Fee Study in an Amount Not-to-Exceed $200,000 and Transfer $10,000 from the Water Fund to Recycled Water Fund, and 2) Appropriate $200,000 from the Utilities Enterprise Funds

RECOMMENDATION
That Council adopts two resolutions:

1. Authorizing the City Manager to execute a professional service agreement (PSA) with Raftelis, in a form to be approved by the City Attorney, to prepare the FY24 and FY25 water, wastewater, recycled water (Utilities) rate study and connection fee study in an amount not -to-exceed $200,000, and transfer $10,000 from the Water System Operating Fund to the Recycled Water Operating Fund (Attachment II); and

2. Appropriating $95,000 in the Water System Operating Fund, $95,000 in the Wastewater Operating Fund, and $10,000 in the Recycled Water Operating Fund for a total of $200,000 for this project (Attachment III)...End

SUMMARY
The purpose of utility rate studies is to recommend rate structures that will fully recover operating costs and maintenance of the utilities system infrastructure, maintain adequate utilities enterprise fund balances, and comply with all applicable laws and regulations, including Proposition 218 and Proposition

26. Proposition 218 requires that property-based fees not exceed the cost of providing service, and Proposition 26 allows Council to approve fees imposed as a condition of property development. The City reviews and prepares utility rate studies every two years. Connection fees are reviewed periodically as new infrastructure is constructed and future capital improvements are needed to serve new development. The purpose of connection fee studies is to recommend fees that will ensure that new development fairly and adequately contributes to the cost of existing and planned infrastructure.

Staff recommends that Council approve a PSA with Raftelis, in an amount not-to-exceed $200,000, for CITY OF HAYWARD Printed on 9/16/2022Page 1 of 2
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File #:CONS 22-508
preparation of the FY24 and FY25 utilities rates and connection fees to ensure continued compliance with Proposition 218 for utilities rates, as well as that new development fairly and adequately contributes to the cost of existing and planned infrastructure. Staff also recommends that the work be funded from the Water System Operating Fund, Wastewater Operating Fund, and Recycled Water Operating Fund and a total of $200,000 be appropriated from the fund balances for this service.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - PSA with Raftelis
Attachment III Resolution - Appropriation of Funds
CITY OF HAYWARD Printed on 9/16/2022Page 2 of 2
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DATE: September 20, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt Resolutions Authorizing the City Manager to 1) Execute a Professional Services Agreement with Raftelis to Prepare the FY24 and FY25 Water, Wastewater, Recycled Water Rate Studies and Connection Fee Study in an Amount not-to-Exceed $200,000 and Transfer $10,000 from the Water Fund to Recycled Water Fund, and 2) Appropriate $200,000 from the Utilities Enterprise Funds

RECOMMENDATION

That Council adopts two resolutions:

1. Authorizing the City Manager to execute a professional service agreement (PSA) with Raftelis, in a form to be approved by the City Attorney, to prepare the FY24 and FY25 water, wastewater, recycled water (Utilities) rate study and connection fee study in an amount not-to-exceed $200,000, and transfer $10,000 from the Water System Operating Fund to the Recycled Water Operating Fund (Attachment II); and

SUMMARY

The purpose of utility rate studies is to recommend rate structures that will fully recover operating costs and maintenance of the utilities system infrastructure, maintain adequate utilities enterprise fund balances, and comply with all applicable laws and regulations, including Proposition 218 and Proposition 26. Proposition 218 requires that property- based fees not exceed the cost of providing service, and Proposition 26 allows Council to approve fees imposed as a condition of property development. The City reviews and prepares utility rate studies every two years. Connection fees are reviewed periodically as new infrastructure is constructed and future capital improvements are needed to serve new development. The purpose of connection fee studies is to recommend fees that will

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ensure that new development fairly and adequately contributes to the cost of existing and planned infrastructure.

Staff recommends that Council approve a PSA with Raftelis, in an amount not-to-exceed $200,000, for preparation of the FY24 and FY25 utilities rates and connection fees to ensure continued compliance with Proposition 218 for utilities rates, as well as that new development fairly and adequately contributes to the cost of existing and planned infrastructure. Staff also recommends that the work be funded from the Water System Operating Fund, Wastewater Operating Fund, and Recycled Water Operating Fund and a total of $200,000 be appropriated from the fund balances for this service.

BACKGROUND

The City’s utilities enterprises are funded solely by revenues generated from usage rates and service fees and do not rely on General Fund monies. The utilities rates support related system operating and maintenance costs, including staffing, debt service obligations, and replacements. In addition, the water rates cover costs. including wholesale water purchases, and the wastewater rate supports costs associated with the Industrial Pretreatment Program, consisting of permitting, inspection, and monitoring of industrial wastewater to ensure compliance with all federal, State, and local discharge regulations for protection of the Water Pollution Control Facility and the public waters. The Council approved the last water and sewer rate adjustments in July 2021 for FY22 and FY23. The most recent water rate study was completed by an external consultant to ensure compliance of all applicable laws and regulations, including Proposition 218.

The recycled water rate pays for the costs of treatment and delivery of recycled water to customers and is determined through an assessment of revenue requirements and anticipated recycled water purchase volumes. The recycled water rate study was last prepared by staff in 2019.

Water and sewer connection fees are paid to connect a new development to the public water and sewer system and are used to fund improvement and expansion of water and sewer systems to accommodate the development and to defray the expenses paid by customers over the recent years for development and improvement of the systems. The fees also cover an incremental cost of future expansion and improvements necessary to accommodate new developments. Water connection fees were last adjusted in October 2015 and the sewer connection fees have not been adjusted since October 2011.

While the City periodically prepares rate studies in house, the laws and regulations related to utilities rates and fees have become increasingly complex and subject to new laws. The current water usage and service fees were prepared with consultant support. Staff recommends that the full suite of FY24 and FY25 utilities rates and fees be developed by a consultant to ensure that the City is in compliance with all applicable requirements.

DISCUSSION

Staff issued a Request for Proposals on July 11, 2022, to three qualified consulting firms to obtain professional services for preparation of the FY24 and FY25 utilities rates study and connection fee study. The scope of work includes development of long-term financial

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plans, costs of service analysis, and proposed utilities usage and service fees for water, wastewater, and recycled water service consistent with industry standards and Proposition 218, as well as proposed connection fees for water and wastewater that will ensure new development fairly and adequately contributes to the cost of existing and planned infrastructure.

The City received proposals from two qualified firms: NBS and Raftelis. The proposals were evaluated and ranked by a team of staff members based on qualifications, experience, proposed work plan, and the reasonableness of the labor hours and rates. Based on this objective evaluation, staff recommends that the City execute an agreement with Raftelis.

Raftelis has proposed a knowledgeable and experienced project team, with extensive experience in utilities rate studies and connection fee studies specific to public agencies.

Raftelis prepared Hayward’s water rate study in 2020, and has experience with other agencies who, like Hayward, purchase water from the San Francisco Public Utilities Commission (SFPUC), including Alameda County Water District, City of Palo Alto, City of San Jose, and Coastside County Water District. The firm demonstrated knowledge of Proposition 218 requirements and has prepared a work plan and detailed schedule to meet the City’s requirements and timeline, including sufficient time for City staff review. The number of labor and hourly rates are reasonable for the scope of work.

ECONOMIC IMPACT

There are no direct economic impact associated with approving this item. Staff will return to the Council with recommendations for rate and fee adjustments, if justified, once the studies have been completed.

FISCAL IMPACT

Staff is requesting a total of $10,000 be transferred from the Water System Operating Fund (Fund 605) to the Recycled Water Operating Fund (Fund 630).

Additionally, Staff is requesting a total of $200,000 be appropriated from the Water System Operating Fund, Wastewater System Operating Fund, and Recycled Water Operating Fund as follows:

Fund Amount
Water System Operating Fund $95,000
Wastewater Operating Fund $95,000
Recycled Water Operating Fund $10,000
Total $200,000

There will be no impact to the General Fund.

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STRATEGIC ROADMAP

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

SUSTAINABILITY FEATURES

There are no direct sustainability features associated with this item.

PUBLIC CONTACT

The public will be engaged during the Council review of the draft rates.

NEXT STEPS

If Council approves staff’s recommendation, staff will take the steps necessary to execute a PSA with Raftelis and prepare the FY24 and FY25 utilities rates and connection fees in compliance with all mandated requirements and submittal deadlines. If any utilities connection fees adjustments are proposed, staff will consider including the proposed fees as part of the Master Fee Schedule process around March 2023. Council is scheduled to consider the utilities rate adjustments in a work session around April 2023 and hold a public hearing around June 2023.

Prepared by: Trang Nguyen, Management Analyst

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member ________________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS TO PREPARE THE FY24 AND FY25 WATER, WASTEWATER, RECYCLED WATER RATE STUDY AND CONNECTION FEE STUDY IN AN AMOUNT NOT TO EXCEED $ 200,000 AND TRANSFER $10,000 FROM WATER OPERATING FUND TO RECYCLED

WATER OPERATING FUND

WHEREAS, the cost-of-service analysis of the Utilities rates and connection fees are reviewed and prepared every two years; and

WHEREAS, the purpose of the Utilities Rates Studies is to recommend Utilities rate structures that will fully recover operating costs and maintenance of the Utilities system infrastructure, maintain adequate Utilities enterprise fund balances and comply with all applicable laws and regulations, including Proposition 218, which requires that property - based fees not exceed the cost of providing service; and

WHEREAS, the purpose of the connection fee studies is to recommend fees that will ensure that new development fairly and adequately contributes to the cost of existing and planned infrastructure; and

WHEREAS, the City issued a Request for Proposals to three qualified firms for professional services to prepare the FY24 and FY25 Water, Wastewater, Recycled Water Rate Study and Connection Fee Study; and

WHEREAS, the City received two proposals, and after objectiv ely evaluating proposals, has determined that Raftelis possesses the necessary experience and technical skills to perform the work; and

WHEREAS, the City has available funds in the Water System Operating Fund (Fund 605) to support the $10,000 transfer to the Recycled Water System Operating Fund (Fund 630).

DRAFT

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to execute a professional services agreement with Raftelis for preparation of the FY24 and FY25 Water, Wastewater, Recycled Water Rate Study and Connection Fee Study in an amount not to exceed $2 00,000 in a form to be approved by the City Attorney.

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that City Manager is hereby authorize d and directed to transfer $10,000 from the Water System Operating Fund (Fund 605) to the Recycled Water System Operating Fund (Fund 630).

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

___________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member ________________

RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROPRIATE A TOTAL OF $ 200,000 FOR THE FY24 AND FY25 WATER, WASTEWATER,

RECYCLED WATER RATE STUDY AND CONNECTION FEE STUDY

WHEREAS, the cost -of-service analysis of the Utilities rates and connection fees are reviewed and prepared every two years; and

WHEREAS, the City received two proposals, and after objectively evaluating proposals, has determined that Raftelis possesses the necessary experience and technical skills to perform the work; and

WHEREAS, the City has available funds in the Water System Operating Fund ( Fund 605) to support the $10,000 transfer to the Recycled Water System Operating Fund (Fund 630),

WHEREAS, Council authorized entering into a professional services agreement with Raftelis to receive $200,000 for the FY24 and FY25 water, wastewater, recyc led water rate study and connection fee study; and

WHEREAS, the City has available funds in the Water System Operating Fund (Fund 605) and the Wastewater System Operating Fund (Fund 610).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to appropriate $95,000 in the Water System Operating Fund ( Fund 605), $95,000 in the Wastewater System Operating Fund ( Fund 610), and $10,000 in the Recycled Water System Operating Fund (Fund 630) for a total of $200,000.

DRAFT

ATTACHMENT III

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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 22-494
DATE: September 20, 2022
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Adopt a Resolution Authorizing a Grant Deed for the “MAE Parcel” of Tract 8428, SoHay, to the Hayward Area Recreation and Park District

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing a Grant Deed for the “MAE Parcel” of Tract 8428, SoHay to the Hayward Area Recreation and Park District (HARD).

SUMMARY
The SoHay development of Route 238, Parcel Group 1 included the relocation and expansion of Valle Vista Park. The Developer, HARD, and the City of Hayward entered into a Park Improvement Agreement (Attachment III) to govern the development and ultimate property transfers for the park. The park improvements are now complete and staff recommends Council authorize granting the “MAE Parcel” to HARD in accordance with the agreement.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Park Improvement Agreement
Attachment IV Tract 8428
Attachment V HARD Park Acceptance
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 1
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DATE: September 20, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Development Services Director

SUBJECT: Adopt a Resolution Authorizing a Grant Deed for the “MAE Parcel” of Tract 8428, SoHay, to the Hayward Area Recreation and Park District

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing a Grant Deed for the “MAE Parcel” of Tract 8428, SoHay to the Hayward Area Recreation and Park District (HARD).

SUMMARY

The SoHay development of Route 238, Parcel Group 1 included the relocation and expansion of Valle Vista Park. The Developer, HARD, and the City of Hayward entered into a Park Improvement Agreement (Attachment III) to govern the development and ultimate property transfers for the park. The park improvements are now complete and staff recommends Council authorize granting the “MAE Parcel” to HARD in accordance with the agreement.

BACKGROUND

The SoHay Mixed Use Development consists of a cohesive, mixed-use, transit-oriented project with a total of 472 residential units, approximately 20,000 square feet of commercial space,

2.46 acres of public parks and trails, and related site improvements. HARD previously owned and operated the Valle Vista Park on approximately 1 acre of land within the project development limits. The Park Improvement Agreement included transfer of the existing park property to the Developer for residential use in exchange for a newly constructed park and trails on Parcels J and L of Tract Map 8428 (Attachment IV).

Consistent with the agreement, Parcel J was dedicated to and accepted by the City on the Tract Map. Parcel L was offered for dedication to HARD on the Tract Map and subsequently accepted by the HARD Board (Attachment V). The Park Improvement Agreement also obligates the City to transfer the “MAE Parcel” to HARD following completion of improvements.

DISCUSSION

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The SoHay development includes improvements on both sides of an existing Alameda County Flood Control and Water Conservation District (“Flood Control”) channel, which was reserved as Parcel I on the Tract Map. In addition to Parcel I, a Maintenance Access Easement (“MAE”) was reserved for the benefit of Flood Control over a portion of the City-owned Parcel J. The MAE was improved with a paved trail that served a dual purpose for the Flood Control’s maintenance activities and as a public trail extending through the development.

The Park Improvement Agreement specified that the City transfer the “MAE Parcel” as a separate parcel to HARD. Since the MAE area is only a portion Parcel J and not established as a separate legal parcel on the Tract Map 8428, the proposed grant deed will create the “MAE Parcel” as intended in the Park Improvement Agreement. Per Government Code Section 66428 any conveyance of land to or from another government entity is exempt from the requirement of a Parcel Map and may be conveyed by deed. Additionally, conveyance of land to another government entity is exempt from the Surplus Land Act.

The “MAE Parcel” is subject to the Maintenance Access Easement in favor of the Flood Control and reservation of water line easements, sanitary sewer easements, and public utilities easements as shown on Tract Map 8428. The City will retain the remainder of Parcel J in fee title ownership.

The grant deed of the “MAE Parcel” was contemplated and evaluated as part of the Mitigated Negative Declaration approved along with Vesting Tentative Map Application 201704129 with Council Resolution 18-075.

ECONOMIC AND FISCAL IMPACT

Redevelopment of the SoHay mixed use development is expected to have a significant positive economic and fiscal benefit to the City. Granting of the “MAE Parcel” to HARD is a part of the larger SoHay development.

STRATEGIC ROADMAP AND SUSTAINABILITY FEATURES

The public trail located within the “MAE Parcel” supports Enhance Community Safety and Quality of Life and Invest in Infrastructure priorities in the City’s Strategic Roadmap by providing pedestrian and bicycle facilities and connections that promote recreation and alternate modes of transportation.

NEXT STEPS

The City Manager will execute the grant deed for the “MAE Parcel.” HARD’s Board of Directors will need to accept the grant deed prior to recording with Alameda County and formal transfer of title.

Prepared by: Scott Wikstrom, Development Services Engineer

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

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Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-________

Introduced by Council Member _______________

RESOLUTION AUTHORIZING A GRANT DEED FOR THE MAE PARCEL OF TRACT 8428, SOHAY, TO THE HAYWARD AREA RECREATION AND PARK

DISTRICT (HARD)

WHEREAS, the City Council of the City of Hayward by Resolution No. 18-075 approved a General Plan Amendment, Zone Change, and Vesting Tentative Map (Tract 8428) for a project commonly known as the SoHay Mixed Use Development which include conditions of approval requiring the redevelopment of Valle Vista Park owned and operated by HARD; and

WHEREAS, the City of Hayward, HARD, and William Lyon Homes , Inc (the “Developer”) enter ed into a Park Improveme nt Agreement for the Valle Vista Park Relocation, Expansion, and Improvement dated December 20, 2019; and

WHEREAS, the Developer and its successors h ave completed construction of the park improvements and HARD, by Resolution No. R2122-40, has acknowledged completion and accepted the offer of dedication for the Parcel L of Tract 8428; and

WHEREAS, the Park Improvement Agreement require s the City , following completion of park improvements to grant the area known as the MAE Parcel, a portion of Parcel J of Tract 8428 to HARD; and

WHEREAS, the MAE Parcel can more properly be des cribed as the “MAE” (Maintenance Access Easement) as shown on that Map “Tract 8428”, filed December 12, 2018 in Book 359 of Maps a Pages 1-11, Alameda County Records; and

WHEREAS, pursuant to Government Code Section 66428 any conveyance of land to or from another government entity is exempt from the requirement of a Parcel Map and may be conveyed by deed and similarly is exempt from the Surplus Land Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to execute a grant deed for the MAE Parcel to HARD. Reference is hereby made to the description of the MAE Parcel attached hereto as Exhibit A.

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 II

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EXHIBIT A
Legal Description
MAE Parcel, Tract 8428

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

The area designated as “MAE” (Maintenance Access Easement) as shown on that Map “Tract 8428”, filed December 12, 2018 in Book 359 of Maps at Pages 1-11, Alameda County Records.

PARK IMPROVEMENT AGREEMENT
SoHay Mixed Use Development -
Valle Vista Park Relocation, Expansion And Improvement) Tits PARK,. IMPROVEMENT AGREEMENT (" Agreement") is made and entered into on Sept "`, 2019 (" Effective Date") by and among the CITY OF HAYWARD, a municipal corporation (" City"); the HAYWARD AREA RECREATION AND PARK DISTRICT, a California special district (" HARD"); and WILLIAM LYON HOMES, INC., a California corporation ( the " Developer"). Developer, City andHARD shall be collectively referredto hereinasthe "Parties" andeachshallbesingularlyreferredto hereinasa "Party".

RECITALS
A. On May 8, 2018, pursuant to Resolution No. 18-075 (" Resolution"), the Hayward City Council (" City Council") approved Developer' s request for a General Plan Amendment GPA"), Zone Changeand Vesting TentativeMap (Tract 8428) ("VTM") for a project commonly known asthe SoHayMixed UseDevelopment, andadoptedthe related Mitigated Negative DeclarationandMitigation Monitoring andReportingProgram, subject to specified conditions of approval attached to the Resolution as Exhibit La collectively, " COAs" and individually, " COA"). For purposes of this Agreement, the GPA, Zone ChangeandVTM shall becollectively referredto herein asthe "Project Approvals".

B. The SoHay Mixed Use Development consists of a cohesive, mixed -use, transit -oriented project on vacant, under-utilized parcels, with a total of approximatelyfour hundred seventytwo (472) residentialunits; approximatelytwenty thousand (20,000) squarefeet of commercial space; approximately2.46 acresof public parksandtrails; andrelatedsite improvements ( collectively, " Project"). The Project will be located on an approximately twenty five (25)-acresitethat is roughly boundedby Mission Boulevard on the east, the BART tracks on the west, Industrial Parkway onthe south, andValle Vista Avenue on the north (" Project Site"), as more particularly described in the legal description, which is attachedheretoasExhibit 1and shownon theProject SiteMap, which is attachedhereto asExhibit 2, both of which areincorporatedby reference.

C. HARD previously owned and operated the Valle Vista Park, on an approximate one (1) acreparcel of land locatedon property identified on the VTM as "Lot 5". In June 2017, HARD' s governingboardadopteda resolutionauthorizing HARD to enterinto anoption agreementwherebyHARD would, upon City's exerciseof the option, transferto theCity, or the City' s designee, the existing Valle Vista Park (" Existing Park") ( upon which Developerwould thereafterdevelopa portion of the Project's residentialuses), and Developerwould improve andoffer to dedicateto HARD a public park andprovide easements for trail facilities comprising approximately 2.65 acres of land within the Project Site (" HARD Option Agreement"). Pursuantto COA No. 36, City andHARD 163\ 3 1\ 2546843. 15

ATTACHMENT III
entered into that certain HARD Option Agreement for the acquisition of Lot 5, which Developer acquired on August 3, 2018, for the appraised fair market value.

D. The Developer acquired fee title to Lot 5 and the remainder of the Project Site from the City pursuantto terms of that certainPurchaseand SaleAgreementdatedMay 16, 2017, as such may be amended from time to time ( the "Purchase Agreement"). Within the Project Site and consistent with the COAs, the Purchase Agreement and that certain Irrevocable Offer to Dedicate, dated as of August 2, 2018 and recorded on August 3, 2018 in the Official Records of Alameda County as Document No. 2018- 1543498 (the Park Irrevocable Offer"), Developer intends to improve a portion of the land identified asParcel 10 (approximately 1.0 acres) asdepictedasParcelL on the Project SiteMap Park Site") andthe adjacentlandsdescribedasParcelsJ andportions of ParcelsL and Parcel0 on Tract Map 8447alongwith ParcelJ on Tract Map 8428with a new public park and related trails and pedestrian bridges. Parcel 10, including the Park Site, is subject to a public park use restriction through December 10, 2029, as evidenced under that certain Director' s Deed ( DD- 0325 89- 01 - 0 1) ( the " Director' s Deed").

E. Developerhasagreedto relocatethe Existing Parkand expandthe park amenities.

Specifically, the Developer intends to: ( 1) improve the Park Site in accordance with the terms of this Agreement and the Park Irrevocable Offer and to dedicate the improved Park Site to HARD; ( 2) improve the approximately 0.4-acre MAE Parcel (defined in Section 3. 6 below) with trail improvements in accordance with the terms of this Agreement and the Park Irrevocable Offer ( and the City thereafter intends to convey the improved MAE Parcel to HARD, subject to a maintenance easement in favor of the Alameda County Flood Control and Water Conservation District (" Flood Control")); ( 3) improve adjacent lands described as Parcels J and portions of Parcels L and Parcel 0 on Tract Map 8447 with approximately 0.75-acre trail west of Dixon Street and to dedicate the trail to the HOA, subject to a public accesseasement; and (4) improve and dedicate two pedestrian bridges over the Flood Control Channel to the Project' s Homeowners' Association (" HOA"), subject to a public accesseasement; all as generally shown on the Project Site Map. For purposes of the land transfers, dedications of easement, and other similar depictionson theProject SiteMap, if thereareany discrepanciesor conflict with the depictionson the Project SiteMap andthe tract maps, the recordedfinal mapwill supersede and control.

F. The Parties desire to enter into this Agreement to satisfy COA No. 54, and to memorialize the Parties' respective understanding regarding the relocation, expansion, improvement and dedication of the new public park and trail facilities contemplated as part of the Project.

AGREEMENT
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

I. RECITALS TRUE AND CORRECT. Each Party has reviewed the recitals set forth above and agrees that all facts set forth therein are true and correct. 163\ 3 R2546843. 15

2. EXISTING VALLE VISTA PARK.

2. 1. Relocation and Expansion of Existing Park. The Parties acknowledge and agree that it is the intent of this Agreement to facilitate the ultimate relocation and expansion of the Existing Park to the Park Site and adjacent land, as shown on Exhibit 2 and in accordance with the Project Approvals, the HARD Option Agreement, the Park Irrevocable Offer and approved Plans and Specifications ( as that term is defined in Section 3. 2 below).

2. 2 License to Operate Existing Park on Lot 5. Pursuant to COA No. 53, concurrently with Developer' s acquisition of Lot 5, Developer entered into that certain License Agreement Valle Vista Park, dated as of July 31, 2018 (the "Park License"), under which the Developer granted HARD a temporary license to operate the Existing Park until such time as: (a) City has issued a grading permit anddemolition permit for the Project; and (b) Developerhascommencedthe demolition of any existing improvements on Lot 5 and the grading of Lot 5 and the Park Site. On August 6, 2018, the City issued a grading permit and demolition permit andthat sameday Developercommencedthe gradingof Lot 5 and the Park Sites; the Park License automatically terminated and is of no further force and effect, except as may be stated otherwise therein.

3. CONSTRUCTION OF PARK AND TRAIL IMPROVEMENTS AND DEDICATION OF SAME AND UNDERLYING FEE INTEREST/ EASEMENTS.

3. 1 The Parties acknowledge and agree that execution of this Agreement shall evidence compliance with the requirement in COA No. 54 that the Developer enter into a Park Improvement Agreement with the City and HARD to develop the final park layout, design and improvements. This Agreement shall be recorded by Developer in Alameda County within ten ( 10) days of the Effective Date and Developer shall provide copies thereof to the City and HARD.

3. 2 Pursuant to COA No. 55, Developer is required to construct on the Park Site and adjacent lands, the park and trail improvements located on Parcel J of Tract 8428 and Parcel J of Tract 8447 and pedestrian bridges within twenty ( 20) months of the issuance of the first grading pen -nit for the first phase of the Project. All park and trail improvements and pedestrian bridges shall be built in a manner consistent with the Project Approvals and as shown on the approved improvement plans and any approved construction requests for information ( collectively the Plans and Specifications") identified on Sheets LO- 0. 00 through L3. 3. 02 and collectively, " Park Improvements"), on Sheets 1 through 14 (collectively, " Trail Improvements"), and on Sheets 1 and 2 (collectively, " Pedestrian Bridges"), as suchmay berevisedby the City andHARD. Subjectto Developeracquiringthe Project Site, HARD' s and the City' s final approval of the Plans and Specifications for the Park Improvements, and the Trail Improvements and the Pedestrian Bridges andCity' s issuanceof all necessaryCity permits (i.e., final map(s), demolition permit(s), gradingpermit(s), building pennit(s)), Developer shall promptly commenceconstructionof the Park Improvements, the Trail 163\ 31\ 2546843. 15
Improvements and the Pedestrian Bridges ( collectively, the " Work"). Developer anticipates to substantially complete the Work no later than eighteen ( 18) months after commencement of construction of the Work. For purposes of this Agreement, " substantially complete" shall mean that the Work is sufficiently complete such that said improvements can be used for their intended purposes and all governmental approvals necessary for the operation and use of the Park Improvements, Trail Improvements and Pedestrian Bridges have been issued.

Subject to any extension( s) granted hereunder, no later than twenty ( 20) months after issuance of the first ( 1st) grading permit for the Project, construction of the Park Improvements, Trail Improvements and Pedestrian Bridges shall be complete and operational, and Developer shall have offered said improvements and the underlying land ( either in fee or easement, as applicable) for dedication in accordancewith Section3.6 below. Provided, however, that the foregoing obligations shall be subjectto City andHARD issuingall necessaryentitlements, approvals, and permits and taking all other necessary actions that are within their respectiveauthority to allow constructionof same. The approximately .2 acre14' Trail Improvements within the easement from Parcel O to Industrial Blvd in Tract 8447will be completedconcurrentwith the immediatelyadjacentimprovements therein and the parties agree and acknowledge that the completion of such Trail Improvements are not subject to the timeframes in this section 3. 2. The Developerhas, asof the dateof this Agreement, deliveredto theCity andHARD the bonds required under COA 55.

3. 3 The Parties agree that, at Developer' s request, City and HARD shall grant a thirty 30) day extension (" Extension") to complete the Work so long as Developer is making diligent andcommercially reasonableefforts to promptly complete construction of same, but has been delayed and thus will not complete construction within the above - referenced 20- month time frame. Furthermore, if Developerhasnot completedconstructionof the Work within thetwenty-one (21) month time period (inclusive of the Extension), then City andHARD may, attheir collective discretion: ( a) require that Developer offer the Park Site and adjoining lands for the Trail Improvements ( other than on property to be owned by the HOA) and Pedestrian Bridges to be dedicated to the City or HARD without the completedParkImprovements, Trail Improvements (otherthanon propertyto be owned by the HOA) and Pedestrian Bridges; or (b) grant Developer additional extension( s) of time to complete said improvements. If the foregoing dedication without improvements is to occur, then prior to issuance of the building permit for the Park Improvements, Developer shall provide a bond benefiting City and HARD ( in a form reasonably approved by City and HARD) in an amount sufficient to assure completion of the Work.

3. 4 If City acceptsthe offer of dedicationpursuantto Section3.3, above, then City shall complete the Work and assume all other obligations of Developer hereunder in regards to the Work, the offer of dedication of the Park Site and improvements thereon to HARD and the MAE Parcel together with all improvements thereon to HARD and the Pedestrian Bridges to the HOA, as applicable and all other duties and obligations of Developer hereunder. If HARD accepts the offer of dedication 163\ 31\ 29546843. 15
pursuant to Section 3.3, above, then HARD shall complete the Work and assume all other obligations of Developer hereunder in regards to the Work, HARD shall retain fee ownership of the Park Site and improvements thereon and the trail improvements and improvements on the MAE Parcel, and HARD shall transfer fee title to the Pedestrian Bridges to the HOA, as applicable and all other duties and obligations of Developer hereunder. Such assumption by City or HARD shall not relieve Developerof its obligations or any liability stemmingtherefrom for the period prior to City or HARD' s acceptance of the offer of dedication. As an alternative, City may offer to dedicate the Park Site and adjoining lands for the Trail Improvements and Pedestrian Bridges to HARD to complete the Work and perform the other developer duties and obligations hereunder. In such circumstance, City, upon HARD' s acceptance of the offer of dedication, would be relieved of any other Developer duties and obligations hereunder, except asto any obligations or liability stemming from its performance of Developer duties and obligations prior to HARD' acceptance of the offer of dedication.

3. 5 In accordance with COA No. 54, City and HARD shall have the opportunity to review all draft improvement plans for the Park Improvements, Trail Improvements, andPedestrianBridgesprior to the approvalof the landscapeplan for the first tract of the Project. The Developer shall submit the proposed Plans and Specifications, Park Improvements, Trail Improvement and Pedestrian Bridges, which shall include, at a minimum, the components set forth in the proposed Park Improvement Specification List ( as may be modified as finalized after the date of this Agreement), which is attached hereto as Exhibit 4 and incorporatedherein, to the City andHARD for review andapproval. The City and HARD shall review the Plans and Specifications, Park Improvements, Trail Improvements, and the Pedestrian Bridges and shall either approve or disapprove of the design documents in writing within fifteen ( 15) days of receipt, which approval shall not be unreasonably withheld. If disapproved, the City and HARD shall give specific reasons in writing for disapproval and the required revisions to the draft improvement plans. If the Plans and Specifications, Park Improvements, Trail Improvements, and the Pedestrian Bridges are disapproved, the Developer shall resubmit, a revision to the applicable design document within fifteen ( 15) days of notification of disapproval. The City and HARD shall either approve or disapprove the submitted revised design document within fifteen ( 15) days of the date such revision is received, which approval shall not be unreasonably withheld.

If City or HARD disapprove of the resubmitted design documents, then representatives of each of the parties shall meet to review and discuss the un- approved design document( s). Developer acknowledges that execution of this Agreementby the City andHARD doesnot constituteapprovalby the City or HARD of any requiredpermits, applications, or allocations, andin no way limits the discretion of the City in its typical regulatory plan review process.

3. 6 Within thirty ( 30) days of the Work being complete and said improvements being operational, Developer shall offer for dedication: ( a) the Park Site (" Public Park") ( in fee) as well as the Park Improvements located thereon to HARD; ( b) the approximately 0.51-acre area (Parcel J of Tract 8447) shown on Exhibit 2 to 163\ 31\ 2546843. 15
the HOA, subject to a public accesseasementthereover; ( c) the Pedestrian Bridges to the HOA ( as defined in Section 4 below), subject to a public access easement thereover; and (d) the approximately 0.24 acre 14' trail through Tract 8447 to the HOA, subject to a public accesseasement thereon, all in substantially the same form as attached Exhibit 3 (collectively, " Offers of Dedication" and individually, " Offer of Dedication"). Upon Developer' s submittal of the foregoing Offer( s) of Dedication to HARD and the HOA, HARD and the HOA shall acceptsaidoffer(s) in accordancewith their respectivestandardprocedures within sixty ( 60) days of said offer( s). The City shall transfer by Grant Deed the approximately 0.4 acre area (the "MAE Parcel") shown on Exhibit 2 with any Trail Improvements constructed thereon to HARD, which shall be subject to a maintenance easement in favor of the Alameda County Flood Control District, prior to or concurrently with the Offers of Dedication. The Developer has through the recording of the Final Map dedicated fee title to Parcel J on Tract 8428 ( including the MAE Parcel) to the City, but is nonetheless required to construct the trail improvements located thereon pursuant to the terms of this Agreement.

3. 7 Notwithstanding anything herein to the contrary, if the Park Improvements or the Trail Improvements on the MAE Parcel, are not constructed in a manner consistent with the approved Plans and Specifications, then HARD shall not be required to accept the Offer of Dedication or the grant deed for the MAE Parcel until Developer performs additional work to cure the inconsistency or to improve the quality of construction to the reasonable satisfaction of HARD. Until such time as HARD or the HOA formally accept the Offer( s) of Dedication, Developer shall be responsible for the operation and maintenance of the Park Improvements, the Trail Improvements and the Pedestrian Bridges, which shall be conducted in a manner consistent with HARD' s existing park operations throughout its district boundaries. Upon HARD' s and the HOA' s formal acceptance of the Offer( s) of Dedication, then HARD, or the HOA, as applicable, shall thereafter own, operate and maintain the Park Improvements, the Trail Improvements, and the Pedestrian Bridges. Provided, however, that the Parties anticipate the costs of said operation and maintenance shall be funded through the new benefit zone established in City' s LLD ( as described in Section 4 below).

4. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT. Prior to the issuance of the first ( 1st) certificate of occupancy for the Project, Developer shall cooperate with City to form a benefit zone(s) to annex within City' s existing Landscape and Lighting Assessment District 96- 1 (" LLD") to provide funding for operations, maintenance and servicing of Project amenities, facilities, landscaping, hardscape, and lighting improvements in public rights -of -way, public areas, and the Park Site as follows, with all other common areas other than those listed in subsections 4. 1 excluded from the LLD and instead being owned, maintained and operated by the HOA. Provided, however, that the Parties acknowledge and agree that Developer' s obligations under this Section 4 shall be subject to City' s expeditious processing and approval of Developer' s request to form said benefit zone and annex same into the LLD.
163\ 3 1\ 2546843. 15

4. 1 The Park Site and the Park Improvements thereon, which is adjacent to the Flood Control Channel and between Mission Boulevard and Dixon Street.

5. SCOPE OF WORK. Developer shall perform the Work consistent with the Project Approvals and in accordance with the approved Plans and Specifications to the reasonable satisfaction of the City Engineer and HARD. Said Work shall be performed, and all materials and labor shall be provided, at Developer' s expense, in the manner described in the Plans and Specifications, subject to receipt of fee credits described in Section 6 below.

6. SATISFACTION OF PARKLAND OBLIGATIONS• PARK FEE CREDITS.

6. 1 Satisfaction of Parkland Obligations. The Parties acknowledge and agree that Developer' s construction of the Park Improvements, the Trail Improvements, and the Pedestrian Improvements, along with the Offers of Dedication for said improvements and the lands related thereto ( either in fee/ easements) shall constitute compliance with the Project' s parkland obligations under Hayward Municipal Code section 10- 16. 10 and COA No. 51.

6. 2 Park Fee Credits. Pursuant to COA No. 51 and in accordance with Hayward Municipal Code section 10- 16. 47, Developer shall receive fee credit for the estimated cost of, collectively: ( a) constructing the Park Improvements, the Trail Improvements, and the Pedestrian Bridges, subject to specified exclusions; and b) dedicating the related land in fee and/or easementsto the applicable public agencies excluding net acreage of the Exiting Park (" Amount of Fee Credit").

The Amount of Fee Credit to be received is expected to be approximately Four Million Seven Hundred Eighty -Three Thousand Six Hundred and Seven Dollars 4, 783, 607). The Parties acknowledge and agree that, pursuant to COA No. 52, the City reserves the right to cap the Amount of Fee Credit for materials, labor or equipment, if the City believes that the Engineer' s Estimate ( as that term is defined below) is unreasonable or otherwise overstates Project - related cost compared to recently completed work, jobs or other known information).

Notwithstanding anything to the contrary in the foregoing, it is agreed that Developer shall not receive any fee credits for: ( i) the Flood Control channel that will not be publicly accessible; ( ii) one ( 1) acre of land that reflects the acreage of the Existing Park; and (iii) costs related to frontage improvements pursuant to Hayward Municipal Code Section 10-1.6.25 or any improvements made to the Park Site related to drainage, soil, or non -visible improvements installed pursuant to Provision C3 of the Alameda Cleanwater Program.

6. 3 Engineer' s Estimate. Pursuant to COA No. 52, in order to determine the Amount of Fee Credit, prior to issuance of the first ( 1st) building permit for the Project excluding models), Developer shall fund and causeto be prepared an engineer' s estimate of the costs to construct the Park Improvements, the Trail Improvements and the Pedestrian Bridges, as well as the value of the land dedication ( for both fee interest and easements but subject to the exclusions in Section 6. 2 above) related thereto (" Engineer' s Estimate"). Developer shall submit the Engineer' s 163\ 31 \ 2546843. 15
Estimatefor review andapprovalto City' sPublic Works (EngineeringDivision) andthe PlanningDivision in consultationwith HARD, with suchapprovalnot being unreasonablywithheld, delayedor conditioned. City andHARD agreeto promptly review the Engineer' s Estimate, providing a written response within thirty ( 30) days of review thereof; to the extent said response does not approve the Engineer' s Estimate, then said response shall reasonably document any requested changes by City and/or HARD. As of the date of this Agreement the Engineer's Estimate has been approved.

7. DEVELOPER' S AUTHORIZED REPRESENTATIVE. At all times during theprogress of the Work, Developer shall have a competent foreman or superintendent (" Authorized Representative") on site with authority to act on behalf of Developer. Developer shall, at all times, keep the City Engineer reasonably informed in writing of the name and telephone number of the Authorized Representative.

8. PERMITS APPROVALS AND ENTITLEMENTS; COMPLIANCE WITH
APPLICABLE LAWS. Developer shall, at Developer' s expense, obtain and maintain all necessary approvals, permits and entitlements that are required to perform the Work, and shall comply with all applicablelaws andregulationsin its performanceof the Work including, without limitation, the Project Approvals. The parties agree and acknowledge that the construction of the park improvements required under this Agreement does not constitute a "public work" as defined in Labor Code Section 1720, et seq., as none of the project will be paid for in whole or in part out of public funds or otherwisetrigger the payment of " prevailing wage". In connection with all construction work to be performed by, or on behalf of, the Developerpursuantto this Agreement, if it is determinedby the Department of Industrial Relations (" DIR") that the construction of the park improvements triggers the payment of prevailing wage, to the extent required by applicable law, ( a) the Developer shall and shall cause the Developer' s contractors to pay prevailing wages in the construction of the improvements, and all other construction work perfonned pursuant to this Agreement, as those wages are detenmined pursuant to Labor Code Sections 1720 et seq., and the implementing regulations of the DIR and comply with the other applicableprovisionsof Labor CodeSections1720et seq., including but not limited to the hiring of apprenticesasrequiredby Labor CodeSections 1775 et seq., and the implementing regulations of the DIR; ( b) Developer shall and shall cause the contractors to keep and retain such records as are necessary to determine if such prevailing wageshavebeenpaid asrequiredpursuantto Labor CodeSections1720et seq., andthat apprenticeshavebeenemployedasrequiredby Labor CodeSection1777.5 et seq., and shall, from time to time upon the request of the City, provide to the City such recordsandotherdocumentationreasonablyrequestedby the City. Copiesof the currently applicable per diem prevailing wages are available from the City; ( c) During the construction of the Park Improvements, or other construction work on the Park Parcel, the Developershall post at the ParkParcelthe applicableprevailing ratesof per diem wages; ( d) Developer shall indemnify, hold harmless and defend (with counsel reasonably selected by the City) the City and HARD from and against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or allegedfailure of any personor entity (including Developer, or its contractors) to pay prevailing wagesasdeterminedpursuantto Labor CodeSections1720et seq., to hire 163\ 3 1\ 2546843. 15
apprenticesin accordancewith Labor CodeSections1777.5 et seq., andthe implementing regulationsof the DIR or comply with the otherapplicableprovisionsof Labor CodeSections1720et seq., andthe implementingregulationsof the DIR in connectionwith constructionof the ParkImprovementsor any otherwork undertaken under this Agreement, or in connection with the Park Parcel. The term " construction" in this Section shall have the meaning set forth in Labor Code Section 1720(a)( 1). The provisions of this Section 8 shall survive the termination of this Agreement.

9. TIME OF PERFORMANCE. Time is of the essencein the performance of the obligations hereunder.

10. ENCROACHMENT PERMIT. If and to the extent any encroachment into public right( s) of way would occur, then Developer shall obtain an encroachment permit from the Alameda County Departmentof Public Works and/or Flood Control, asapplicable, prior to constructionof any improvementson the public maintenancepathway. Developeris responsiblefor complying with all applicableAlamedaCountypermit application requirements, fees or other requirements related to improving the maintenance access easement for public use.

11. PEDESTRIAN BRIDGES. Once constructed and operational, the Pedestrian Bridges that will cross the Flood Control Channel from the Park Site and Parcel J on Tract 8444 to the PA- 2 neighborhood ( as shown on the Park Site Map and VTM) shall remain open and accessible to the public at all times and shall not be restricted with gates or other apparatus. The Parties acknowledge and agree that the Pedestrian Bridges shall be owned, operated and maintained by the HOA.

12. INSPECTION BY CITY/ HARD. In order to permit City or HARD to inspect the Work, Developer shall, at all reasonable times, provide to City and HARD reasonable accessto the Park Site and vicinity, consistent with standard City and HARD procedures related to inspection of public improvements.

13. PLAN REVIEW. Developer shall schedule plan review opportunities with HARD at regular milestones of the construction documents that shall run concurrently, as feasible, with City' s plan review process. Plan review opportunities are anticipated to include one to two study session meetings and not less than two public meetings.

14. TERMINATION OF AGREEMENT: ESTOPPEL CERTIFICATE.

14. 1 Termination. This Agreement shall terminate when all of the Parties' respective obligations have been satisfied, at which time Developer may record a Notice of Completion of Obligations in Alameda County Recorder' s Office, in a form substantially the same as attached Exhibit 5.

14. 2 Estoppel Certificate. Developer may, at any time, and from time to time, deliver written notice to City and/or HARD requesting City ( or HARD, as applicable) to certify in writing that: ( a) this Agreement is in full force and effect; ( b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) Developer is not in default 163\ 31\ 2546843. 15
of the performance of its obligations, or if in default, to describe therein the nature and extent of any such default. Developer shall pay, within thirty ( 30) days following receipt of invoice from City ( or HARD, as applicable), the actual costs borne by City ( or HARD, as applicable) in connection with its review of the proposed estoppel certificate.

15. DEFAULT.

15. 1 In the eventthat a Party is in default of this Agreementfor failure to satisfya material obligation assetforth herein, the non -defaulting Party(ies) shallprovide the defaulting Party with written notice in which the default is described.

15. 2 In the event that the defaulting Party fails to cure the default within thirty ( 30) days following receipt of the above -referenced notice, this shall constitute a default hereunder; provided, however, that if thefailure to perform cannotbe reasonablycuredwithin suchthirty ( 30) dayperiod, a Party shall be allowed additional time asis reasonablynecessaryto curethe failure so long assuchParty commencesto curethefailure within thethirty ( 30) dayperiod andthereafter diligently prosecutes the cure to completion. Upon occurrence of such default after the expiration of the above -referencednotice andcureperiod without acure occurring) andwithout any right to further notice or additional cureperiod, the non -defaulting Party shall have all remedies available to it under this Agreement andat law and in equity, including, but not limited to, terminating this Agreement, or specific performance. Notwithstanding anythingto the contraryin the foregoing, no Party shall havethe right to recoverany punitive, consequential, or special damages.

16. INDEPENDENT CONTRACTOR STATUS. Developer is an independent contractor and is solely responsiblefor all actsof its employees, agents, or subcontractors, including any negligent acts or omissions. Developer is not City' s or HARD' s employee and Developershall haveno authority, expressor implied, to act on behalf of City or HARD as an agent, or to bind City or HARD to any obligation whatsoever, unless City or HARD provide prior written authorization to Developer.

17. ATTORNEY' S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney' s fees, costs, and expenses incurred.

18. INDEMNIFICATION. Developer shall indemnify, protect, defend, and hold harmless City and HARD ( including their elected officials, officers, agents, and employees) from and against any and all suits, actions, claims, , causes of action, demands, damages, judgments, liabilities, costs, and expenses (including court costsandattorney'sfees) resulting from or arising directly or indirectly : ( a) out of theperformanceof the Work by Developer or Developer' s agents, representatives, contractors, subcontractors, or employees; ( b) any act or omission of Developer, any of its agents, employees, licensees, tenants, contractors, subcontractors or material suppliers, or other person or entity with respect to the Work; and (c) Developer' s alleged failure to comply with its duties and 163\ 31\ 254684315
obligation under this Agreement, the Project Approvals, the Offers to Dedicate, the COAs and the Mitigated Negative Declaration. The Developer' s indemnification obligation applies to the City and HARD' s "active" as well as "passive" negligence but does not apply to the City or HARD' s "sole negligence" or " willful misconduct" within the meaning of Civil Code Section 2782. The provisions of this Section 18 shall survive the termination of this Agreement.

19. ASSIGNMENT. Developer shall have the right to assign this Agreement and/or any portion thereof in connectionwith the saleof all or a portion of theProject Site, without obtaining the consent of City or HARD subject to the Restrictions in Section 15.7 of the Purchase Agreement.. Developer, however, shall not be released from its obligations hereunderunlessandto the extentthe assigneeexpresslyassumessaidobligations in a fully executed Assignment and Assumption Agreement.

20. 21.

Notices.

20. 1 All notices, demands, or other communications which this Agreement contemplatesor authorizesshall be in writing andshall bepersonallydeliveredor mailed to the respectiveparty asfollows:

To CITY:

City of Hayward
777 B Street
Hayward, California 94541
Attn: City Manager
To HARD:

HARD
1099 E Street,
Hayward, California
94541
Attn: General Manager
To Developer:

William Lyon Homes, Inc.
2603 Camino Ramon,
Suite 450
San Ramon, CA 94583
Attn: Steven M. Jones

20. 2 Communicationsshall be deemedto havebeengiven andreceivedon the first to occur of ( 1) actual receipt at the address designated below, or ( 2) three ( 3) working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.

MODIFICATIONS. This Agreementmay not bemodified orally or in anymannerother than by an agreement in writing signed by all Parties.

22. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

23. SEVERABILITY. In the event any tern of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect.

24. JURISDICTION AND VENUE. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. 163\ 31\ 2546843. 15
Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

25. ENTIRE AGREEMENT. This Agreement, including all documents attached hereto and incorporatedhereinby reference, comprisesthe entire integratedunderstandingamong the Parties concerning the subject matter hereunder. This Agreement supersedesall prior negotiations, representations, or agreements.

26. SIGNATURES. The individuals executing this Agreement represent and warrant that they each have the right, power, legal capacity, and authority to enter into and to execute this Agreementon behalf of the respectivelegal entitiesof Developer, City andHARD.

This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respectivesuccessorsandassigns. This Agreementmay beexecutedin multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

Signature Page Follows.]
163\ 31\ 254684115
IN WITNESS WHEREOF the Partiesdo herebyagreeto the full performanceof thetermsset forth herein.

DEVELOPER:

WILLIAM LYON HO ES, INC.,
a California corporation,,-
By: -
t_
Name: SCOttROylance
DIViSionpresident
Its:

Date: / U' L` ( Z.1I
By:

Name: Joe Chretlen
VP Land Development
Its:

Date: ey,
163\ 31\ 2546843. 15
APPROVED AS TO FORM:

Michael S. Lawson, City Attorney
By: -- -
Jo ph ric ssistant City Attorney
ATTEST:

By:

Miriam Lens, City Clerk
CITY:

CITY OF HAYWARD, a California charter
city
By:

Kelly McAdoo, City Manager
163\ 31\ 2546843. 15

HAYWARD AREA RECREATION AND
PARK DISTRICT, a California special district
By:

Name: 06utA"("
Its: rF
16301 \ 254684315
EXHIBIT 1

LEGAL DESCRIPTION
Exhibit 1- 1
163\ 31 \ 2546843. 15
Exhibit A
PARCELI: PORTION

OF THETRACTOF LANDCONVEYEDTO HAYWARDINVESTMENTCOMPANY, BY DEEDRECORDEDJULY 10, 1913, BOOK 2166 DEEDS, PAGE 438, DESCRIBEDAS FOLLOWS: BEGINNING ON THESOUTHWESTLINE OF MISSIONBOULEVARDAS THESAMEEXISTEDPRIOR TO OCTOBER29, 1929, DISTANTTHEREON NORTH 42° 35' WEST, 1963. 76 FEETFROM THE INTERSECTIONTHEREOF WITH THE NORTHWESTLINE OF COUNTY -ROAD NO. 314; THENCEFROM SAID POINTOF BEGINNING, SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42° 35` WEST, 63. 00 FEET; THENCENORTH 47- 25' EAST, 345. 69 FEETTO THE AFORESAIDSOUTHWEST LINE OF MISSIONBOULEVARD; THENCE SOUTH 42° 3Y EAST, 63. 00 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM: THE INTERESTCONVEYEDTO THESTATEOF CALIFORNIABY INSTRUMENTRECORDED DECEMBER 16, 1929, BOOK 2254 OR, PAGE290, " FOR HIGHWAYPURPOSES". APN:
078C- 0447- 003- 01 PARCEL
2: PORTION
OF THETRACTCONVEYEDBY A. W. MC COY, ET UX, TO HAYWARDINVESTMENTCOMPANY BY DEEDDATED MARCH 22, 1913AND RECORDEDJULY 10, - 1913IN BOOK2166 OF DEEDS, AT PAGE438, IN THEOFFICE OF THECOUNTYRECORDEROF ALAMEDACOUNTY, DESCRIBEDAS FOLLOWS: BEGINNING

AT A POINTON THESOUTHWESTERNLINE OF THECOUNTYROAD LEADINGFROM HAYWARDTO THE

MISSIONOF SANJOSE, NOW STATEHIGHWAY, AS THESOUTHWESTERNLINE OF SAIDCOUNTYROAD, EXISTED ON OCTOBER28, 1929, DISTANTTHEREONNORTH 42° 35',WEST1900. 76 FEETFROMTHE INTERSECTION THEREOF WITH THE NORTHWESTERNLINE OF COUNTYROAD NO. 314 AND RUNNINGTHENCE SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42. 35' WEST63. 00 FEET; THENCENORTH 47025' EAST 345. 69 FEETTO THESOUTHWESTERNLINE OF SAIDCOUNTYROAD LEADINGFROM HAYWARDTO THEMISSION OF SANJOSE; THENCEALONG THE LAST NAMEDLINE, SOUTH42. 35' EAST63. 00 FEETTO THEPOINT OF BEGINNING. EXCEPTING

THEREFROM THAT PORTIONTHEREOF CONVEYED TO THESTATEOF CALIFORNIAFOR HIGHWAYPURPOSES BY DEEDFROM CHARL. ES H. GIBBS, A SINGLEMAN, DATEDOCTOBER29, 1929AND RECORDEDDECEMBER 16, 1929IN BOOK2254 OF OFFICIALRECORDSOF ALAMEDACOUNTY, AT PAGE290. APN:
078C- 0447- 003- 02 PARCEL
3: BEGINNING
AT THEPOINTOF INTERSECTIONOF THECENTERLINE OF VALLEVISTA AVENUE55 FEETWIDE, FORMERLY COUNTY ROAD NO. 1773 WITH THE NORTHEASTERNLINE OF THEPARCELOF LANDDESCRIBEDIN THE DEED BY ILTHEM. GREGG, AS THEET UX, OF THEESTATEBUNICE NOLAN, DECEASED, TO ORVILLEL. OLSON AND WIFE, DATED OCTOBER14, 1948, AND RECORDEDOCTOBER 2- 5, 1948, IN BOOK5639, OF OFFICIAL RECORDS, PAGE 319, RECORDEDSERIES NO. AC( 81771; RUNNINGTHENCE ALONG SAID NORTHEASTERN LINE: NORTH43045' WEST 252. 02 FEET; THENCESOUTH 4702T WEST 75. 99 FEETTO THESOUTHWEST OF SAIDNOLANPARCEL; THENCE ALONG THE LAST MENTIONEDLINE SOUTH42035' EAST 252. 02 FEETTO THECENTEROF VALLEVISTA AVENUE; THENCE ALONG THE LAST MENTIONEDLINE NORTH47025' EAST 75. 99 FEETTO THEPOINTOF BEGINNING. APN:
078C- 0447- 006- 02 PARCEL
4:

BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERN LINE OF THE STATE HIGHWAY

BETWEENHAYWARDTO NILES, AS SAID LINEIS ESTABLISHEDIN THE DEEDTO THE STATEOFCALIFORNIA, DATEDNOVEMBERB, 1929 AND RECORDEDDECEMBER21, 1929 IN BOOK2280 OFOFFICIALRECORDSOF ALAMEDA COUNTY, PAGE 108, WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS DESCRIBEDIN THE DEEDTO COUNTYOFALAMEDA, DATEDOCTOBER2-3, 1933, AND RECORDEDNOVEMBER13, 1933IN BOOK2992 OF OFFICIALRECORDS, PAGE190; RUNNINGTHENCEALONGSAIDLINE OF SAID STATEHIGHWAY SOUTH420 41' EAST, 79.40 FEET; THENCESOUTH470 25' WEST, 325.28 FEETTO THE SOUTHWESTERNLINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THELMA G. ROGERSTO ODES L. WINGO AND WIFE DATED MARCH 22, 1946 AND RECORDED APRIL 6, 1946 UNDER RECORDER'S SERIES NO. TT/ 27630 IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY; THENCE ALONG THE LAST MENTIONED LINE NORTH 420 35' WEST, 79. 40 FEET TO SAID LINE OF VALLE VISTA AVENUE; THENCE ALONG LAST MENTIONED LINE NORTH 470 25' EAST, 325. 14 FEET" TO THE POINT OF BEGINNING.

APN: 078C- 0438- 006
PARCELS:

BEGINNING AT A POINT IN THE CENTER LINE OF VALLE VISTA AVENUE KNOWN AS COUNTY ROAD NO, 7723 DISTANTTHEREONS. 470 25' W., 345.69 FEETFROMTHE SOUTHWESTERNLINE OFTHE ROADLEADING FROMHAYWARDTO NILES KNOWNAS COUNTYROADNO. 89 AS SAID ROADEXISTEDPRIORTO THE ESTABLISHMENT THEREOF AS A STATE HIGHWAY, 100' WIDE; RUNNING THENCE S. 420 35' E., 25.00 FEETTO THE ACTUAL POINT OF COMMENCEMENT, BEING ON THE SOUTHEASTERN LINE OF SAID VALLE VISTA AVENUE; THENCEALONGTHE SAID SOUTHEASTERNLINEOFVALLEVISTAAVENUES. 470 25' W., 134.425 FEET; THENCES. 420 35' E., 327.82 FEET; THENCEN. 470 25' E., 134.425 FEET, THENCEN. 420 35' W., 327.82 FEEL"

TO THE ACTUAL POINT OF COMMENCEMENT,
APN: 07SC- 0438- 005
PARCEL 6:

BEGINNINGAT A POINT ONTHE SOUTHWESTERNLINE OFTHE STATEHIGHWAYBETWEENHAYWARDAND NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929, AND RECORDEDDECEMBER21, 1929, IN BOOK2280, OF OFFICIALRECORDSOFALAMEDACOUNTY, PAGE108, DISTANTTHEREONSOUTH42° 41' EAST, 79.40 FEETFROMTHEPOINTOF INTERSECTION

THEREON, WITH THE SOUTHEASTERNLINEOFVALLEVISTAAVENUE, AS DESCRIBEDIN THE DEEDTO THE COUNTY, OF ALAMEDA, DATED OCTOBER 2-3, 1933 AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDSOF ALAMEDACOUNTY, PAGE190; RUNNINGTHENCEALONGSAID LINE OFSAID STATE HIGHWAY, SOUTH42° 41' EAST (THE BEARINGOFSAID LINE OF SAID STATEHIGHWAYBEINGGIVENAS SOUTH420 17' EASTIN SAID DEEDTO THE STATEOF CALIFORNIA), 199.64 FEET; THENCESOUTH47° 25' WEST, PARALLELWITH SAID LINE OFVALLEVISTAAVENUE, 325.60 FEETTOTHE SOUTHWESTERNLINEOF THAT CERTAINPARCELOF LANDDESCRIBEDIN THE DEEDFROMTHELMAC. ROGERSTO ODESL. WINGOAND WIFE, DATED MARCH 22, 1946, RECORDEDAPRIL 6, 1946, UNDER RECORDER'S SERIES NO. TT- 27630, ALAMEDACOUNTYRECORDS; THENCEALONGTHE LASTMENTIONEDLINENORTH42135' WEST, 199.64 FEET TO A LINE DRAWNSOUTH 471125' WESTFROMTHE POINTOF BEGINNING; THENCE ALONG THE LINESO DRAWN NORTH 470 25' EAST, 325. 28 FEETTO THEPOINTOF BEGINNING. CONTAINING

1. 49ACRES, MORE OR LESS. APN:
078C- 0438- 007 PARCEL
7: BEGINNING

AT A POINTON THESOUTHWESTERNLINE OF MISSIONBOULEVARD, FORMERLY THE STATEHIGHWAY

BETWEENHAYWARDAND NILES, AS SAIDLINE WAS ESTABLISHEDIN THEDEEDTO THESTATEOF CALIFORNIA DATED NOVEMBER8, 1929, RECORDEDDECEMBER21, 1929IN BOOK2- 280OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 108, DISTANTTHEREONSOUTH 42° 41' EAST (THE BEARINGOF SAIDLINE IN SAIDDEEDTO THESTATEOF CALIFORNIABEING GIVENAS SOUTH42017' EAST) 279. 04FEETFROM THE

POINTOF INTERSECTIONTHEREOF ITH THESOUTHEASTERNLINE OF VALLEVISTA AVENUE, AS SAIDAVENUE IS DESCRIBEDIN THEDEEDTO THECOUNTYOF ALAMEDA, DATED OCTOBER23, 1933, RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS, PAGE 190; RUNNING THENCE ALONG SAID SOUTHWESTERN LINE OF MISSION BOULEVARD, SOUTH 42° 41' EAST 100 FEET TO THE NORTHWESTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM ODES L. WINGO AND HAZEL WINGO, HIS WIFE, TO LENA GUNSLEY, DATED JUNE 7, 146, RECORDED JUNE 8, 1946 IN BOOK 4870 OF OFFICIAL RECORDS, PAGE 411; THENCE ALONG THE LAST MENTIONED LINE SOUTH 470 25' WEST 325. 77 FEET TO THE MOST WESTERN CORNER OF SAID GUNSLEY' S LAND; THENCE NORTH 420 35' WEST 100 FEET UNTIL INTERSECTED BY A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE ALONG THE LINE SO DRAWN, NORTH 470 25' EAST 325. 60 FEET TO THE POINT OF BEGINNING.

APN: 078C- 0438- 008
PARCEL 8:

BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF MISSION BOULEVARD, FORMERLY THE STATE

HIGHWAY BETWEEN HAYWARD AND NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929 AND RECORDED DECEMBER 21, 1929 IN BOOK 2280 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 108, DISTANT THEREON SOUTH 42° 41' EAST (THE BEARING OF SAID LINE IN SAID DEED TO THE STATE OF CALIFORNIA BEING GIVEN AS SOUTH 42° 17' EAST) 379. 04 FEET FROM

THE POINT OF INTERSECTION THEREOF WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS SAID AVENUE IS DESCRIBED IN DEED TO THE COUNTY OF ALAMEDA, DATED OCTOBER 23, 1933, AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 190, RUNNING THENCE ALONG THE SAID SOUTHWESTERN LINE OF MISSION BOULEVARD SOUTH 420 41' EAST 100. 00 FEET TO THE SOUTHEASTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM CLANTON V. ROGERS TO THELMA C. ROGERS, DATED MARCH 25, 1924 AND RECORDED APRIL 15, 1924 IN BOOK 692 OF OFFICIAL RECORDS. OF ALAMEDA COUNTY, PAGE 176, THENCE ALONG THE SAID LAST MENTIONED LINE SOUTH 470 25' WEST 325. 94 FEET TO A POINT ON A SOUTHWESTERN LINE OF SAID ROGERS PARCEL OF LAND; THENCE ALONG THE SAID LAST MENTIONED LINE AND ITS DIRECT PRODUCTION NORTH 420 3S WEST 100. 00 FEET UNTIL INTERSECTED BY A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE ALONG THE LINE SO DRAWN NORTH 470 25' EAST 325. 77 FEET TO THE POINT OF BEGINNING.

APN: 078C- 0438- 009
PARCEL 9.

BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF THE STATE HIGHWAY, FORMERLY THE COUNTY

ROAD, RUNNING FROM HAYWARD TO MISSION SAN JOSE, AS THE SAME EXISTED PRIOR TO THE WIDENING THEREOF ON NOVEMBER 29, 1929, BY DEED FROM WILLIAM F. FIIZGERALD TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 11, 1930 IN BOOK 2517 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 97, DISTANT THEREON NORTH 420 35' WEST 1144, 70 FEET FROM THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314; RUNNING THENCE SOUTH 470 25' WEST 345. 69 FEET; THENCE NORTH 420 3T WEST 126. 01 FEET; THENCE NORTH 470 25' EAST 345. 69 FEET TO A POINT ON THE SAID SOUTHWESTERN LINE OF SAID COUNTY ROAD RUNNING FROM HAYWARD TO MISSION SAN JOSE, AND THENCE SOUTH 42° 35 EAST ALONG THE LAST LINE 126. 01 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY WILLIAM P. FITZGERALD, A SINGLE PERSON, TO THE STATE OF CALIFORNIA, BY DEED DATED NOVEMBER 29, 1929 AND RECORDED DECEMBER 11, 1930 IN BOOK 2517 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 97, APN: 078C- 0438- 010
PARCEL 10:

COMMENCING AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JULY 10, 1963 ON REEL 932, IMAGE 313, ALAMEDA COUNTY RECORDS; THENCE ALONG A LINE COMMON TO THE PROPERTIES, NOW OR FORMERLY, OF GOTTLIEB WAESPI, ET UX.

AND OF THE STATE OF CALIFORNIA N. 480 43' 46" E., 325. 32 FEET TO THE SOUTHWESTERLY LINE OF THE

EXISTING STATE HIGHWAY LEADING FROM HAYWARD TO NILES, THENCE ALONG SAID SOUTHWESTERLY LINE S. 410 21' 12" E., 166. 70 FEET; THENCE FROM A TANGENT THAT BEARS S. 6° 46' 51" W., ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 215. 00 FEET, THROUGH AN ANGLE OF 91° 11' 09", AN ARC LENGTH OF 342. 17 FEET; THENCE N. 82° 02' 00" W., 29. 10 FEET TO THE LINE COMMON TO THE PROPERTIES, NOW OR FORMERLY OF SAID GOTTLIEB WAESPI, ET UX, AND OF A. BERNARD MUTH; THENCE ALONG SAID COMMON PROPERTYLINE N. 410 16' 14" W., 125. 14 FEET TO THE POINT OF COMMENCEMENT.

CONTAINING 1. 477 ACRES, MORE OR LESS.

APN: 078C- 0438- 011- 01
PARCEL 11:

COMMENCING AT THE MOST SOUTHERLY CORNER OF THE PARCELOF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 10, 1963 ON REEL 932, IMAGE 313, ALAMEDA COUNTY RECORDS; THENCE ALONG THE LINE COMMON TO THE PROPERTIES, NOW OR FORMERLY OF A. BERNARD MUTH AND OF GOTTLIEB WAESPI, ET UX. AND ITS PROLONGATION S. 41° 16' 14" E., 414. 57 FEET TO THE NORTHEASTERLY CORNER OF THE PROPERTY OF A. BERNARD MUTH, ET UX.; THENCE ALONG THE SOUTHEASTERLY LINE OF LAST SAID PROPERTY S. 48° 43` 46" W., 493. 68 FEET TO THE CENTER LINE OF DIXON STREET; THENCE ALONG SAID CENTER LINE N. 410 16' 14" W., 307. 35 FEET, THENCE N. 7° 58' 00" E., 132.23 FEET; THENCE N. 4° 09` 09" E., 299. 07 FEET TO THE NORTHWESTERLY LINE OF THE PROPERTY OF SAID A. BERNARD MUTH; THENCE ALONG SAID NORTHWESTERLY LINE N. 480 43' 46" E., 180. 50 FEET TO THE NORTHEASTERLY PROPERTY LINE OF SAID A. BERNARD MUTH; THENCE ALONG LAST SAID LINE S. 411 16' 14" E., 189. 01 FEET TO THE POINT OF COMMENCEMENT.

CONTAINING 5. 563 ACRES MORE OR LESS IN ADDITION TO 0.183 OF AN ACRE, MORE OR LESS IN SAID DIXON STREET.

APN: 078C- 0438- 019- 01
PARCEL 12:

PARCEL ONE:

BEGINNING AT A POINT ON THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314, ALSO KNOWN AS THE COUNTY ROAD LEADING TO ALVARADO, DISTANT THEREON SOUTH 44° 3V 25" WEST, 840. 61 FEET FROM THE

POINT OF INTERSECTION THEREOF WITH THE SOUTHWESTERN LINE OF COUNTY ROAD LEADING FROM HAYWARD TO THE MISSION OF SAN JOSE; RUNNING THENCE NORTH 420 35' WEST; 935. 6 FEET TO THE ACTUAL POINT OF BEGINNING OF THE HEREIN DESCRIBED PREMISES; THENCE SOUTH 470 25' WEST, 487. 47 FEET; THENCE NORTH 440 12' 30" WEST, 77. 87 FEET, THENCE NORTH 470 25' EAST, 489. 68 FEET; THENCE SOUTH 42° 35' EAST, 77. 84 FEETTO THE ACTUAL POINT OF BEGINNING.

PARCEL TWO:

AN EASEMENT FOR INGRESS AND EGRESSOVER THE EASTERN 10 FEET OF THE PARCELOF LAND DESCRIBED IN THE DEEDFROMMARTINJ. KANDLER, ET LK TO LAWRENCERAMOS, SR., ET AL, RECORDEDOCTOBER14, 1958, IN BOOK 8812 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 389.

APN: 078C- 0435- 002- 01
PARCEL 13:

BEGINNING AT A POINT ON THE NORTHWESTERN LINE OF ALQUIRE ROAD, ALSO KNOWN AS COUNTY ROAD NO. 314, DISTANT THEREON SOUTH 44° 52' WEST 1302. 84 FEET FROM THE INTERSECTION THEREOF, WITH THE SOUTHWESTERN LINE OF NILES ROAD; RUNNING THENCE ALONG SAID LINE OF ALQUIRE ROAD, SOUTH 440 52' WEST 300 FEET TO THE EASTERN LINE OF THE RIGHT OF WAY DESCRIBED IN THE DEED FROM D. VAN NES TO THE WESTERN PACIFIC RAILWAY COMPANY, DATED MARCH 17, 1906, RECORDEDJUNE 23, 1906, IN BOOK 1180 OF DEEDS, PAGE 150, ALAMEDA COUNTY RECORDS, THENCE ALONG THE LAST NAMED LINE NORTH 310 58' WEST 1459. 30 FEET; THENCE SOUTH 44° 20' EAST 1420. 40 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE DESCRIBED PARCEL OF LAND CONTAINED IN A STRIP OF LAND 41. 00 FEET WIDE, RIGHT ANGLE MEASUREMENTS, LYING NORTHEASTERLY OF AND

CONTIGUOUS TO THE SOUTHWESTERN LINE OF SAID PARCELAS CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDEDJUNE 10, 1963 IN REEL 905, PAGE 916, SERIES NO. AU- 96861, ALAMEDA COUNTY OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROLAND WATERCONSERVATIONDISTRICTRECORDEDMARCH7, 1967 IN REEL1926, IMAGE297, SERIES NO. AZ- 20352, ALAMEDA COUNTY OFFICIAL RECORDS.

APN: 083- 0460- 006- 03
PARCEL 14:

BEGINNING FOR REFERENCE AT A POINT IN THE NORTHWESTERLY BOUNDARY LINE OF VALLE VISTA ROAD, FORMERLY COUNTY ROAD NO. 314, DISTANT THEREON 1168, 47 FEET SOUTHWESTERLY FROM THE

SOUTHWESTERLY BOUNDARY LINE OF THE -COUNTY ROAD, NOW STATE HIGHWAY, BETWEEN HAYWARD AND MISSION SAN JOSE, AS THE SAME EXISTED ON DECEMBER 7, 1928; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN THE DEED TO THE CITY OF HAYWARD, RECORDEDMAY 5, 1969, IN REEL 2395, IMAGE 909, OFFICIAL RECORDS OF ALAMEDA COUNTY, AND ITS NORTHWESTERLY PROLONGATION N. 41016' 14" W., 407. 86 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE S. 48° 43' 46" W., 144. 55 FEET TO THE PROPERTY LINE COMMON TO THE LANDS, NOW OR FORMERLY, OF THE FRONTIERS FOR CHRIST, A CALIFORNIA CORPORATION, AND OF THE STATE OF CALIFORNIA; THENCE ALONG LAST SAID LINE S. 4205344" E., 382.29 FEET TO THE NORTHWESTERLY LINE OF SAID CITY OF HAYWARD PARCEL; THENCE ALONG LAST SAID LINE N. 45° 48' 57" E., 39. 68 FEET; THENCE N. 72° 42' 59" W., 79. 78 FEET; THENCEN. 5012'59' W., 230.55 FEETTO SAID PROLONGATION; THENCEN. 41116'14" W., 125.66 FEETTO THE

TRUE POINT OF COMMENCEMENT,
APN: 07SC- 0436- 010- 03
PARCEL IS:

BEGINNING AT A POINT ON THE CENTERLINE OF COUNTY ROAD NO. 7722, KNOWN AS DIXON STREET, AS SAID ROAD IS DESCRIBED IN THE DEEDTO COUNTY OF ALAMEDA, DATED OCTOBER 1, 1933, RECORDED NOVEMBER 16, 1933, IN BOOK 2999 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 130, DISTANT THEREON NORTH 420 35' WEST 460. 82 FEET FROM THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314,

KNOWN AS ALQUIRE ROAD, FORMERLYVALLE VISTA ROAD, AND RUNNING THENCE ALONG SAID LINE OF DIXON ROAD NORTH 420 35' WEST 114 FEET; THENCE SOUTH 47° 25' WEST 225. 05 FEET; THENCE NORTH 42° 35' WEST 171. 12 FEET; THENCE SOUTH 47° 25' WEST 257. 03 FEET TO THE SOUTHWESTERN LINE OF THE 4 ACRE PARCEL OF LAND DESCRIBED, IN THE DEED BY LENA B. NORTON TO ELIZABETH BIDWELL PATTERSON, DATED SEPTEMBER 28, 1935, RECORDEDOCTOBER 9, 1935, IN BOOK 3221 OF SAID OFFICIAL RECORDS, PAGE 223; THENCE ALONG THE LAST MENTIONED LINE SOUTH 440 12' 30" EAST 285. 23 FEET TO A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 471 25 EAST 473. 99 FEET TO SAID POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO ROLF RAYMOND HARADER et uX, DATED MARCH 2, 1962, RECORDED MARCH 5, 1962, REEL 528, IMAGE 844 ( AT-28989), ALAMEDA COUNTY RECORDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE PARCEL LYING NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING FOR REFERENCE AT THE SOUTHWESTERLY TERMINUS OF " SOUTH 47° 25' WEST, 225.05 FEET" THENCE ALONG LAST SAID COURSEN 480 43" 46" E, 77. 70 FEET TO THE TRUE POINT OF COMMENCEMENT, THENCE S 6° 40' 00" W, 74. 84 FEET; THENCE S 48° 43' 46" W, 1.96 FEET; THENCE S 41° 16' 14" E, 64. 00 FEET MARCH 30, 1998 INSTRUMENT NO. 105886, ALAMEDA COUNTY RECORDS.

APN: 07SC- 0436- 001- 07 AND 078C- 0435- 006
PARCEL 16:

PARCEL ONE:

BEGINNING AT THE INTERSECTION OF THE NORTHEASTERN LINE OF THE STATE HIGHWAY LEADING FROM HAYWARD TO NILES, AS SAID NORTHEASTERN LINE IS DESCRIBED IN THE DEED FROM GEORGE M. HUNKEN, ET UX, TO STATE OF CALIFORNIA, DATED OCTOBER 22, 1929, RECORDED DECEMBER 6, 1929, IN BOOK 2266 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 135, ( Z/ 79205), WITH THE SOUTHEASTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM GEORGE M. HUNKEN, ET UX, TO RICHARD J. MURPHY, ET - AL., DATED JANUARY 10, 1931, RECORDEDJANUARY 16, 1931, IN BOOK 2489, OF SAID OFFICIAL RECORDS, PAGE 417, ( BB/ 2964), RUNNING THENCE ALONG SAID NORTHEASTERN LINE OF SAID STATE HIGHWAY; SOUTHEASTERLY 116. 01 FEET TO THE SOUTHEASTERN LINE OF THE PARCELOF LAND DESCRIBED IN THE DEED FROM JOSEPH E. COSTA, ET UX, TO GEORGE M. HUNKEN, DATED FEBRUARY 26, 1929, RECORDED FEBRUARY 28, 1929, IN BOOK 2032 OF SAID OFFICIAL RECORDS, PAGE 281, ( Z/ 14150); THENCE ALONG SAID LAST MENTIONED LINE, NORTHEASTERLY 351. 88 FEET, MORE OR LESS, TO THE NORTHEASTERN LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAST MENTIONED DEED; THENCE ALONG SAID LAST MENTIONED LINE, NORTHWESTERLY 116. 01 FEET TO THE SOUTHEASTERN LINE OF THE PARCELOF LAND DESCRIBED IN SAID DEED TO RICHARD J. MURPHY, ET AL., ABOVE REFERREDTO; AND THENCE ALONG SAID LAST MENTIONED LINE, SOUTHWESTERLY 351. 88 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

PARCEL TWO:

AN EASEMENT APPURTENANT TO PARCEL i HEREIN DESCRIBED, FOR INGRESS AND EGRESS, SEWER AND ALL PUBLIC UTILITY PURPOSES, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO NILES, KNOWN AS MISSION BOULEVARD, AS SAID. ROAD EXISTED PRIOR TO THE WIDENING THEREOF, BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, HEREINAFTER REFERRED TO, DISTANT THEREON, NORTH 42° 45' WEST, 1308. 186 FEET FROM THE POINT OF INTERSECTION THEREOF, WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUNNING THENCE NORTH 47015' EAST, 485. 48 FEET; THENCE NORTH 42. 45' WEST, 30 FEET; THENCE SOUTH 47° 15' WEST, 485. 48 FEET TO SAID LINE OF MISSION BOULEVARD; AND THENCE, ALONG THE LAST NAMED LINE, SOUTH 42145' EAST, 30 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THE SOUTHWESTERN 23. 7 FEET, MORE OR LESS, AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248, OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242.

APN: 078C- 0455- 004
PARCEL 17:

PORTION OF THE TRACT OF LAND CONTAINING 1- 1/ 2 ACRES, MORE OR LESS, DESCRIBED IN THE DEED TO GEORGE M. HUNKEN, RECORDED FEBRUARY28, 1929, BOOK 2032, OFFICIAL RECORDS, PAGE 381, DESCRIBED AS FOLLOWS:

BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT OF

LAND, WITH THE NORTHEASTERN LINE OF MISSION BOULEVARD, FORMERLYKNOWN AS THE STATE

HIGHWAY, LEADING FROM HAYWARD TO NILES, AS SAID NORTHEASTERN LINE IS DEFINED IN THE DEEDTO THE STATE OF CALIFORNIA, RECORDED DECEMBER 6, 1929, IN BOOK 2266, OFFICIAL RECORDS, PAGE 135; RUNNING THENCE SOUTHEASTERLY ALONG SAID LINE OF MISSION BOULEVARD, 58. 005 FEET; THENCE

NORTHEASTERLY, PARALLEL WITH SAID NORTHWESTERN BOUNDARY LINE OF THE TRACT OF LAND DESCRIBED IN SAID DEED TO GEORGE M. HUNKEN, 351. 88 FEET, MORE OR LESS, TO THE NORTHEASTERN BOUNDARY LINE OF SAID TRACT, THENCE NORTHWESTERLY ALONG THE LAST NAMED LINE, 58. 005 FEETTO THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE LAST NAMED LINE, 351. 88 FEET TO THE POINT OF BEGINNING.

APN: 078C- 0455- 003
PARCEL 18:

PARCEL ONE:

COMMENCING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD

TO NILES, KNOWN AS MISSION BOULEVARD, AS SAID ROAD EXISTED PRIOR TO THE WIDENING THEREOF BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242, DISTANT THEREON NORTH 420 45' WEST 1338. 186 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUN THENCE NORTH 471 15' EAST 375. 48 FEET TO THE ACTUAL POINT OF BEGINNING; AND RUNNING THENCE NORTH 470 15' EAST 110 FEET; THENCE NORTH 42° 4T WEST 232. 02 j FEET; THENCE SOUTH 47° 15' WEST 110 FEET; AND THENCE SOUTH 42° 45' EAST 232. 02 FEET TO THE ACTUAL POINT OF BEGINNING.

PARCEL TWO:

AN EASEMENT FOR INGRESS AND EGRESS, SEWER AND ALL PUBLIC UTILITY PURPOSES, AS APPURTENANT TO AND FOR THE BENEFIT OF PARCEL 1 ABOVE DESCRIBED, IN, UNDER, OVER AND ALONG A STRIP OF LAND DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO

NILES, KNOWN AS MISSION BOULEVARD, AS SAID ROAD EXISTED PRIOR TO THE WIDENING THEREOF BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, HEREINAFTER REFERRED TO, DISTANT j THEREON NORTH 420 45' WEST 1308. 186 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUNNING THENCE NORTH 470 IS' EAST 485. 48 FEET; THENCE NORTH 420 45WEST30 FEET; THENCESOUTH 470 15 WEST485. 48 FEETTO SAIDLINE OF MISSIONBOULEVARD; AND THENCEALONG THE LAST NAMEDLINE SOUTH420 45' EAST30 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM, THE SOUTHWESTERN23. 7 FEET, MORE OR LESS, SO CONVEYEDTO THESTATEOF CALIFORNIA BY DEEDDATED OCTOBER11, 1929, RECORDEDNOVEMBER 29, 1929, IN BOOK2248 OF OFFICIAL RECORDS OF ALAMEDACOUNTY, AT PAGE242. APN:
07SC- 0455- 005- 02 PARCEL
19: BEING

A PORTIONOF THEPARCELOF LANDDESCRIBEDIN THEDEEDFROM THE ALAMEDACOUNTY FLOOD CONTROL AND WATERCONSERVATIONDISTRICT TO THECITY OF HAYWARDRECORDED Q- 16 - Q " j r 2018, UNDERRECORDER'S SERIESNO. 2018- ,-'`` ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

BEGINNIG

AT A POINTLYING ON THEWESTERLYLINE OF SAIDLANDSOF THECITY OF HAYWARD, FROM WHICH THE SOUTHWESTERLYCORNER THEREOF DEARS SOUTH 300 55' 21" EAST23. 50 FEET; 1.

THENCENORTH 300 55' 21" WST652. 84 FEETALONGLAST SAID LINE; 2.

THENCENORTH 090 22' 21" EAST111. 62 FEETTO THEEASTERLYLINE OF THELANDSOF THECITY OF HAYWARD;

3. THENCESOUTH 300 55' 21 EAST744. 99 FEETALONGLAST SAID LINE; 4.

THENCESOUTH 430 11' S6" WEST42. 63 FEETTO THEPOINTOF BEGINNINGPORTION OF APN: 083- 0460-011 PARCEL
20: BEING

A PORTIONOF THEPARCELOF LANDDESCRIBEDIN TUEDEEDFROM THE SAN FRANCISCOBAY AREATRANSIT DTTRIC T, 0 THECITY OF HAYWARD, RECORDED " Y) 2018, UNDERRECORDER'S SERIESNO 2018- C( ,

ALAMEDA
COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING

AT A POINTON THEEASTERLYLINE OF THELANDSOF THECITY OF HAYWARD, FROM WHICHTHE SOUTHWESTERLYCORNER BEARS SOUTH 300 55' 21" EAST23. 50 FEET; 1.

THENCESOUTH 430 11' S6" WEST9. 77FEETTO THEBEGINNINGOF A CURVECONCAVENORTHWESTERLYAND HAVINGA RADIUSOF 1700.00 FEET; 2.

THENCEWESTERLY80. 47 FEETALONGSAID CURVETHROUGHA CENTRALANGLE OF 20 42' 43" TO A LINETHAT IS PARALLELWITH AND 18. 50 FEETNORTHERLYOF THESOUTHERLYLINE OF SAIDLAND OF THECITY OF HAYWARD;
ITHENCE SOUTH 450 54' 39" WEST 107. 76FEETALONGSAID PARALLELLLINE TO THEWESTERLYLINE OF SAID LANDSOFTHE CITYOFHAYV04RD> kTHENCENORTH
21046O7" WEST S2G. 51FEETALONGLASTSAIDLINE TDTHESOUTHEASTERLY LINE OF' i THATCERTAIN EASEMENTDEED TDALAMEDACOUNTY FLOODCONTROL AND WATERDONSERVARON ' | i Dl3TR7CTKBZ]RDEDMAY5, 1971ONREEL2843,ATlMAGES98,OFFIC{ ALRECOKDSOFALAMEDACOQNTY| S.

THENCENORTR28^46' O1" EAST56. O1ALONQTHENORTHEASTERLYPROLONEATIONOPLASFSAIDLINB6.

THENCENORTH 09022' 21" WEST
163.69 FEET TO THE EASTERLYLINE OF THELANDSOF THE CITY OF H/ Q0AARD; 7. THENCESOUTH300 SS' 21" EAST
652.84 ALONG LASTSAIDLINETO THE POINTOF BEGINNING. PORTIONOPAPN/U83-O46U-01U ' EXHIBIT 2

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RAMON ( 925) 866- 0322 PEDESTRIAN

BRIDGE SACRAMENTO (
916) 375- 1877 Fc7bg
i EASEMENT
CIVIL ENGINEERS - SURVEYORS - PLANNERS OF 2 SHEETSF,.\
2616-0101ACADIEXHIBITS\XB- TRACT8428 & 8447 PARKIMPROVEMENTAGREEMENT. DWG NELSON
APN 078C-
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TRACI, 8447
141TRAIL EASEMENTqnTTAV PARY

IMPROVEMENT AGREEMENT

CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIA
DATE: AUGUST 2019 SCALE: I"= 150'
SAN RAMON ( 925) 866- 0322
SACRAMENTO ( 916) 375- 1877

CIVIL ENGINEERS - SURVEYORS - PLANNERS
LEGEND

PARCEL J

TRAIL EASEMENT

PUBLIC PARK LAND

OBLIGATION PER PROJECT

CONDITIONS OF APPROVAL

TRACT AREA( ACREAGE)
8428 1.9±
8447 0. 7±

2. 6±
F: 12616- 0101ACADkEXHISITSIXB- TRACT 8428 & 8447 PARK IMPROVEMENT AGREEMENT. DVN EXHIBIT 3

OFFERS OF DEDICATION
Exhibit 3- 1
163\ 31 \ 2546843. 15
zar

DIVIDER
PAGE
Irrevocable offer to Dedicate
ACFC Channel)
So - Hay to City/ ACFC
54606- 1429235

RECORDING REQUESTED BY
Morth American Title
AND WHEN RECORDED MAIL. DOCUMENT TO:

NMF City of Hayward
sir
777 B Street
AOC"114Hayward, CA 94541
dlY, BTATES Attn: City ManagerAP CODE

EXEMPTFROMRECORDINGFEESPER
GOVERNMENTCODE §§6103, 27383

CERTIFIED ATRUE COPY OF THE ORIGINAL

RECORDED IN THE OFFICIAL RECORDS OF
SAID COUNTY ON AlaMeaja
Under Recordets Serial No. 2018152497
NORTH AMERICAN TITLE COMPANY, INC.

SY
KDover

IRREVOCABLE OFFER TO DEDICATE ( ACFC CHANNEL)
Title of Document
Pursuant to Senate Bill 2 — Building Homes and Jobs Act ( GC Code Section 27388. 1), effective January 1, 2018, a fee of seventy- five dollars ($ 75.00) shall be paid at the time of recording of every real estate Instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee Imposed by this section shall not exceed two hundred twenty- five dollars 225. 00).

Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax Exempt from fee per GC 27388.1 (a) (2); recorded concurrently " in connection with" a transfer subject to the imposition of documentary transfer tax ( DTT).

Exempt from fee per GC 27383.1 (a) (2); recorded concurrently " In connection with" a transfer of real property that is a residential dwelling to an owner -occupier.

Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached.

Exempt from the fee per GC 27388. 1 (a) (1); not related to real property.

THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION

3.00 Additional Recording Fee Applies)
Recorded at Request of -
City of Hayward and
When Recorded Mail to and
Mail Tax Statements to:

City of Hayward
777 B Street
Hayward; California 94541
Attn: City Manager
APN No. ( SEE LEGAL ATTACHED)

THE AREA ABOVE IS RESERVED FOR RECORDER' S USE
This Irrevocable . Offer to Dedicate is
recorded at the request and for the benefit
of the City of Hayward andis exempt from
the payment of a recording feepursuant to
Government Codd Sections 27383, and
27388. l( a)(1)(D) andpayment of
documentary transfer tax pursuantto
Revenue and Taxation Code Section 11922.

IRREVOCABLE OFFER TO DEDICATE
ACFC Channel)
August 02
THIS IRREVOCABLE OFFER TO DEDICATE is made asof4tAy / 2018 by SoHay - Hayward, LP., aDelawarelimited partnership (the "Owner").

WHEREAS, William Lyon Homes, Inc., a California corporation (" Lyon") andthe City of Hayward, aCalifornia chartercity ("City"), previously enteredinto that certain Purchaseand SaleAgreement dated May 16, 2017, as suchmay be amendedfrom time to time (the "Purchase Agreement").

WHEREAS, Lyon assigned the Purchase Agreement to the Owner, on or before the date hereof.

WHEREAS, pursuant to the terms of the PurchaseAgreement, the City has conveyedto Owner 1) the real property described on Exhibit A- 1 attachedhereto (the "Development Property"), and (2) the real property described on ExhibitA- 2 attachedhereto (the "Park Property"), The DevelopmentPropertyandtheParkPropertyaretraversedby aflood controlchannelasdepicted on the site trap shown on Exhibit B (the "ACFC Channel"). 1 163UIM96926. 8
WHEREAS, in considerationfor theexecutionof thePurchaseAgreement, asassigned, the OwnerhasagreedtodedicatetheACFCChanneltotheCityortheCity'sdesigneeasprovided herein.

WHEREAS, Ownerherebyagreesto irrevocablyoffer for dedicationthefeeinterestin the ACFCChanneltotheCityortotheCity'sdesignee, asgenerallydepictedon: theattachedsite map and -on the terms and. conditions set forth below,
NOW, THEREFORE, incorporatingtheforegoingrecitals, theOwnerdoesherebydesignateand setasideforfuture -useasdescribedheretoandirrevocablyoffertodedicatetotheCityorthe City'sdesignee (theAlamedaCountyFlood ControlandWaterConservationDistrict ACFC")), Thetitle totheACFCChannel, asgenerallydepictedontheattachedsitemap, reserving therefrom: ( 1) ) a non-exclusive, assignable, easementfor sewer purposeson, over, acrossandwithin thoseportionsof theACFCChannelasgenerallydepictedontheattachedsite map (the "Sewer Easement Area"), including without limitation rights of accessthereto, for the purposesof connecting to and the construction, maintenance, repair, reconstruction, maintenance anduseof all existing sewerfacilitiesandanyadditionalsewerfacilitieswithin theSewer Easement Area ( the " Server Easement") in connection with the development and -use of the DevelopmentProperty; and (2) anon-exclusive, assignable, easementandright-of-wayfora pedestrianandbicycle bridgeandwalkwayandwaterpipelineon, over, acrossandwithin those portionsofthe.ACFC Channelasgenerallydepictedontheattachedsitemap (the xidge/Walkway Area"), includingwithoutlimitation rightsof accesstheretofor purposesof construction, maintenance, repairandreconstructionof suchbridgeandwalkwayandwater pipeline thereon by Owner, its successorsand assigns, agentsandrepresentativesandfor operationandusethereof (the "BridgelWaUtwayEasement") byOwner, itssuccessorsand assigns, inviteesandmembersof thepublicin connectionwith ingressandegressandaccessto andfromtheParkProperty. Theoffer of dedicationmadehereinis subjectto theexpress conditionthatthis offer of dedicationmaynotbeacceptedprior to July31, 2019.

The precise area to be dedicatedasthe ACFC Channel, the SewerEasementArea andthe Bridge/Walkway Area under this Agreement may be further refined through the recordation of a final map. The area to be dedicatedasthe ACFC Channel under this Agreement must be interpreteddin amannerthatis consistentwiththerecordedfinalmap; providedhowever, if there isanyconflictbetweenthetermsofthisAgreementandtherecordedfinalmap (asit relates . solelyto theareadefinedastheACFCChannelortheeasementsareas), therecordedfinalmap shallcontrolandcompliancewiththetermsofdedicationundertherecordedfinalmapshall constitute compliance with the terms of this Agreement.

ThisIrrevocableOffer to Dedicateshallcontinuein full forceandeffectuntil City Councilor if directedby theCity thegoverningboardof theCity's designeeacceptssuchoffer or if theoffer to dedicateunderthefinal mapis acceptedasprovidedthereunder. Thededicationof theACFC Channel shall be deemed to be completed upon acceptanceof this irrevocable Offer to Dedicate by theCity Council, or if directedby theCity thegoverningboardof theCity'sdesignee, orif theoffer to dedicateunderthefinalmap is acceptedasprovidedthereunder.

Signature Page Follows]
2 16M 1\2396926. 8
IN WITNESS WHEREOF, Owner has caused this Irrevocable Offer to Dedicate to be executed as of the day and year first abovewritten.
i
OWNER:

SOHAY - HAYWARD, L. P.,
a Delaware limited partnership
By. NP- HS LOJV OP II, LLC,
a Delaware limited liability company
General Partner
By: NP- HS LOT OPTION JOINT VENTURE 11, LLC,
a Delaware limited liability company
Sole Member
By: HEARTHSTONE PROFESSIONALS — PI, L. P.,
a Delaware limited partnership
By: i
Steven C. Porath
Authorized Person
Date: August 02, 2018
S- 1
A notarypublic or otherofficer completingthis certificateverifiesonly the identity of the individual who signedthe document to which this certificate is attached, andnot thetruthfulness, accuracy, or validity of thatdocument.

STATE OF CALIFORNIA )
COUNTY OF b) , 41U 6ZHS )
On 4JOLA( . 3o Q0I V , before me, t ( R L- T t', t` , Notary Public, personallyappeared S L4L—yQ C . (} C` 1 t #1 , who proved to me on the basisof satisfactoryevidencetobetheperson(s) whosename(Wis/ar-e-subscribedtothewithin instrumentandacknowledgedto methathe/sW4heyexecutedthesamein his/her eir authorizedcapacitAlm), andthatbyhis/her/theirsignaturc(4 ontheinstrumenttheperson(, or the entity upon behalf of which the person{} acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.

WITNESS my hand and official seal.

NotaryFu6Gc - qali(ntltila Y
LQatM0a Qm1y Name: Comnisa n # ? PQtt77
myComm. UP* w 2.414?1 Notary Public

1.G3\ 3M- 39b926. 8

EXHIBIT A - I

DEVELOPMENT PROPERTY LEGAL DESCRIPTION
All of therealpropertyin theCity of Hayward, Countyof Alameda, Stateof California, described as follows:

APN: ( SEE LEGAL ATTACHED)
163\ 31\ 2396926. 8
Exhibit A
PARCELI: PORTION

OF THETRACTOF LANDCONVEYEDTO HAYWARDINVESTMENTCOMPANY, BY DEEDRECORDEDJULY 10, 1913, BOOK 2166 DEEDS, PAGE 438, DESCRIBEDAS FOLLOWS: BEGINNING ON THESOUTHWESTLINE OF MISSIONBOULEVARDAS THESAMEEXISTEDPRIOR TO OCTOBER29, 1929, DISTANTTHEREONNORTH 42° 35' WEST, 1963. 76 FEETFROMTHE INTERSECTIONTHEREOF WITH THE NORTHWESTLINE OF COUNTY'ROAD NO. 314; THENCEFROM SAID POINTOF BEGINNING, SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42° 35` WEST, 63. 00 FEET; THENCENORTH 47025' EAST, 345. 69 FEETTO THE AFORESAIDSOUTHWEST LINE OF MISSIONBOULEVARD; THENCE SOUTH 42035' EAST, 63. 00 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM: THE INTERESTCONVEYEDTO THESTATEOF CALIFORNIABY INSTRUMENTRECORDED DECEMBER 16, 1929, BOOK 2254 OR, PAGE290, " FOR HIGHWAYPURPOSES". APN:
078C- 0447- 003- 01 PARCEL
2: PORTION
OF THETRACTCONVEYEDBY A. W. MC COY, ET UX, TO HAYWARDINVESTMENTCOMPANY BY DEEDDATED MARCH 22, 1913AND RECORDEDJULY 10, 1913IN BOOK2166 OF DEEDS, AT PAGE438, IN THEOFFICE OF THECOUNTYRECORDEROF ALAMEDACOUNTY, DESCRIBEDAS FOLLOWS: BEGINNING

AT A POINTON THESOUTHWESTERNLINE OF THECOUNTYROAD LEADINGFROM HAYWARDTO THE

MISSIONOF SANJOSE, NOW STATEHIGHWAY, AS THESOUTHWESTERNLINE OF SAIDCOUNTYROAD, EXISTED ON OCTOBER28, 1929, DISTANTTHEREONNORTH 42° 35' WEST1900. 76 FEETFROMTHE INTERSECTION THEREOF WITH THE NORTHWESTERNLINE OF COUNTYROAD NO. 314 ANDRUNNINGTHENCE SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42. 35' WEST63. 00 FEET; THENCENORTH 47025' EAST 345. 69 FEETTO THESOUTHWESTERNLINE OF SAIDCOUNTYROAD LEADINGFROM HAYWARDTO THEMISSION OF SANJOSE; THENCEALONG THE LASTNAMEDLINE, SOUTH42035' EAST 63. 00 FEETTO THEPOINT OF BEGINNING. EXCEPTING

THEREFROMTHAT PORTIONTHEREOF CONVEYEDTO THESTATEOF CALIFORNIAFOR HIGHWAYPURPOSES BY DEEDFROM CHARLESH. GIBBS, A SINGLEMAN, DATEDOCTOBER29, 1929AND RECORDEDDECEMBER 16, 1929IN BOOK2254 OF OFFICIALRECORDS OF ALAMEDACOUNTY, AT PAGE290. APN:
078C- 0447- 003- 02 PARCEL
3: BEGINNING
AT THEPOINTOF INTERSECTIONOF THECENTERLINE OF VALLEVISTA AVENUE55 FEETWIDE, FORMERLY COUNTY ROAD NO. 1773WITH THE NORTHEASTERNLINE OF THEPARCELOF LANDDESCRIBEDIN THE DEEDBY ILTHEM. GREGG, AS THEET UX, OF THEESTATEBUNICE NOLAN, DECEASED, TO ORVILLEL. OLSON AND WIFE, DATED OCTOBER14, 1948, AND RECORDEDOCTOBER 25, 1948, IN BOOK5639, OF OFFICIAL RECORDS, PAGE 319, RECORDEDSERIES NO. AC/ 81771; RUNNINGTHENCE ALONG SAID NORTHEASTERN LINE: NORTH43045' WEST 252. 02 FEET; THENCESOUTH 4702T WEST 75. 99 FEETTO THESOUTHWEST OF SAIDNOLANPARCEL; THENCE ALONG THE LAST MENTIONEDLINE SOUTH42035' EAST 252. 02 FEETTO THECENTEROF VALLEVISTA AVENUE; THENCE ALONG THE LAST MENTIONEDLINE NORTH47025' EAST 75. 99 FEET" TO THE POINTOF BEGINNING. APN:
078C- 0447- 006- 02 PARCEL
4:

BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERN LINE OF THE STATE HIGHWAY

BETWEEN HAYWARD TO NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929 AND RECORDED DECEMBER 21, 1929 IN BOOK 2280 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 108, WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS DESCRIBED IN THE DEED TO COUNTY OF ALAMEDA, DATED OCTOBER 2-3, 1933, AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS, PAGE190; RUNNINGTHENCEALONGSAID LINE OF SAID STATEHIGHWAY SOUTH 420 41' EAST, 79. 40 FEET; THENCE SOUTH 470 25' WEST, 325. 28 FEET TO THE SOUTHWESTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THELMA G. ROGERS TO ODES L. WINGO AND WIFE DATED MARCH 2-2, 1946 AND RECORDED APRIL 6, 1946 UNDER RECORDER'S SERIES NO. TTj27630 IN THE I OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY; THENCE ALONG THE LAST MENTIONED LINE ; NORTH 420 35' WEST, 79. 40 FEET TO SAID LINE OF VALLE VISTA AVENUE; THENCE ALONG LAST MENTIONED LINE NORTH 470 25' EAST, 325. 14 FEET TO THE POINT OF BEGINNING.

APN: 078C- 0438- 006
PARCEL 5:

BEGINNING AT A POINT IN THE CENTER LINE OF VALLE VISTA AVENUE KNOWN AS COUNTY ROAD N0. 7723 DISTANT THEREON S. 470 25' W., 345. 69 FEET FROM THE SOUTHWESTERN LINE OF THE ROAD LEADING FROM HAYWARD TO NILES KNOWN AS COUNTY ROAD NO. 89 AS SAID ROAD EXISTED PRIOR TO THE ESTABLISHMENT THEREOF AS A STATE HIGHWAY, 100' WIDE; RUNNING THENCE S. 420 35' E., 25. 00 FEET TO THE ACTUAL POINT OF COMMENCEMENT, BEINGON THE SOUTHEASTERNLINE OF SAID VALLEVISTA AVENUE; THENCE ALONG THE SAID SOUTHEASTERN LINE OF VALLE VISTA AVENUE S. 470 25' W., 134. 425 FEET; ' THENCE S. 420 35' E., 327. 82 FEET; THENCE N. 470 25' E., 134. 425 FEET; THENCE N. 420 35' W., 327. 82 FEET TO THE ACTUAL POINT OF COMMENCEMENT.

APN: 078C- 0438- 005
PARCEL 6:

BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF THE STATE HIGHWAY BETWEEN HAYWARD AND NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929, AND RECORDEDDECEMBER21, 1929, IN BOOK22801 OF OFFICIAL RECORDSOF ALAMEDACOUNTY, PAGE 108, DISTANT THEREON SOUTH 42° 41' EAST, 79. 40 FEET FROM THE POINT OF INTERSECTION

THEREON, WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS DESCRIBED IN THE DEED TO THE COUNTY, OF ALAMEDA, DATED OCTOBER 23, 1933 AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 190; RUNNING THENCE ALONG SAID LINE OF SAID STATE HIGHWAY, SOUTH 42- 41' EAST ( THE BEARING OF SAID LINE OF SAID STATE HIGHWAY BEING GIVEN AS SOUTH 420 17' EAST IN SAID DEED TO THE STATE OF CALIFORNIA), 199. 64 FEET; THENCE SOUTH 47° 25' WEST, PARALLEL WITH SAID LINE OF VALLE VISTA AVENUE, 325. 60 FEET TO THE SOUTHWESTERN LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM THELMA C. ROGERS TO ODES L. WINGO AND WIFE, DATED MARCH 22, 1946, RECORDED APRIL 6, 1946, UNDER RECORDER'S SERIES NO. TT- 27630, ALAMEDA COUNTY RECORDS; THENCE ALONG THE LAST MENTIONED LINE NORTH 421 35' WEST, 199. 64 FEET TO A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE ALONG THE LINE SO DRAWN NORTH 470 25' EAST, 325. 28 FEET TO THE POINT OF BEGINNING.

CONTAINING 1. 49 ACRES, MORE OR LESS.

APN: 078C- 0438- 007
PARCEL 7:

BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF MISSION BOULEVARD, FORMERLY THE STATE

HIGHWAY BETWEEN HAYWARD AND NILES, AS SAID LINE WAS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA DATED NOVEMBER 8, 1929, RECORDED DECEMBER 21, 1929 IN BOOK 7-280 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 108, DISTANT THEREON SOUTH 42° 41' EAST ( THE BEARING OF SAID LINE IN SAID DEED TO THE STATE OF CALIFORNIA BEING GIVEN AS SOUTH 420 17' EAST) 279. 04FEET FROM

THE POINT OF INTERSECTION THEREOF ITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS SAID AVENUE IS DESCRIBED IN THE DEED TO THE COUNTY OF ALAMEDA, DATED OCTOBER 23, 1933, RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS, PAGE 190; RUNNING THENCE ALONG SAID SOUTHWESTERN LINE OF MISSION BOULEVARD, SOUTH42° 41' EAST 100 FEETTO THE NORTHWESTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN THE DEED FROMODESL. WINGO AND HAZELWINGO, HIS WIFE, TO LENA GUNSLEY, DATEDJUNE 7, 146, RECORDEDJUNE 8, 1946 IN BOOK 4870 OF OFFICIALRECORDS, PAGE 411; THENCE ALONGTHE LAST MENTIONED LINE SOUTH471 2TWEST325. 77 FEETTO THEMOSTWESTERNCORNER OF SAIDGUNSLEY'S LAND; THENCENORTH 420 35' WEST100 FEETUNTILINTERSECTEDBY A LINEDRAWN SOUTH 470 2T WESTFROM THE POINTOF BEGINNING; THENCE ALONG THE LINESO DRAWN, NORTH 470 25' EAST325. 60 FEETTO THE POINTOF BEGINNING. APN:
078C- 0438- 008 PARCEL
8: BEGINNING

AT A POINTON THESOUTHWESTERNLINE OF MISSIONBOULEVARD, FORMERLY THE STATEHIGHWAY

BETWEEN HAYWARD AND NILES, AS SAIDLINE IS ESTABLISHEDIN THEDEEDTO THESTATEOF CALIFORNIA, DATED NOVEMBER8, 1929AND RECORDEDDECEMBER21, 1929IN BOOK2280 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 108, DISTANTTHEREONSOUTH 420 41' EAST (THE BEARINGOF SAIDLINE IN SAIDDEED TO THESTATEOF CALIFORNIABEING GIVEN AS SOUTH42° 1T EAST) 379. 04 FEETFROMTHE

POINTOF INTERSECTIONTHEREOF WITH THE SOUTHEASTERNLINE OF VALLEVISTA AVENUE, AS SAIDAVENUE IS DESCRIBEDIN DEEDTO THECOUNTYOF ALAMEDA, DATED OCTOBER23, 1933, AND RECORDEDNOVEMBER 13, 1933IN BOOK2992 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 190, RUNNINGTHENCE ALONG THE SAIDSOUTHWESTERNLINE OF MISSIONBOULEVARDSOUTH 420 41' EAST100. 00 FEETTO THESOUTHEASTERNLINE OF THEPARCELOF LANDDESCRIBEDIN THEDEEDFROM CLANTONV. ROGERSTO THELMAC. ROGERS, DATED MARCH25, 1924AND RECORDEDAPRIL 15, 1924IN BOOK692 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 176, THENCEALONG THE SAID LAST MENTIONEDLINE SOUTH47° 25' WEST 325. 94 FEETTO A POINTON A SOUTHWESTERNLINE OF SAIDROGERSPARCEL OF LAND; THENCEALONG THE SAID LAST MENTIONEDLINE AND ITS DIRECTPRODUCTIONNORTH 420 35` WEST100. 00 FEETUNTIL INTERSECTEDBY A LINEDRAWNSOUTH 470 25' WESTFROM THE POINTOF BEGINNING; THENCE ALONG THE LINE SO DRAWNNORTH 470 25' EAST325. 77 FEETTO THEPOINTOF BEGINNING. APN:
078C- 0438- 009 BEGINNING

AT A POINTON THESOUTHWESTERNLINE OF THESTATEHIGHWAY, FORMERLY THE COUNTYROAD,

RUNNINGFROM HAYWARDTO MISSIONSAN JOSE, AS THESAMEEXISTEDPRIOR TO THEWIDENINGTHEREOF ON NOVEMBER29, 1929, BY DEEDFROM WILLIAMF. FI' iZGERALDTO THESTATEOF CALIFORNIA, RECORDED DECEMBER 11, 1930IN BOOK2517 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 97, DISTANT THEREON NORTH 420 35' WEST1144, 70 FEETFROMTHE NORTHWESTERNLINE OF COUNTYROAD NO. 314; RUNNINGTHENCE SOUTH 470 25' WEST345. 69 FEET; THENCENORTH 421 35' WEST126. 01 FEET; THENCE NORTH 470 25' EAST345. 69 FEETTO A POINTON THESAID SOUTHWESTERNLINE OF SAIDCOUNTYROAD RUNNINGFROM HAYWARDTO MISSIONSAN JOSE, AND THENCESOUTH 42° 35 EASTALONGTHE LASTLINE 126. 01 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM THAT PORTIONTHEREOF CONVEYEDBY WILLIAMP. FITZGERALD, A SINGLEPERSON, TO THESTATEOF CALIFORNIA, BY DEEDDATEDNOVEMBER29, 1929AND RECORDEDDECEMBER 11, 1930IN BOOK 2517 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 97, APN:
078C- 0438- 010 PARCEL
10: COMMENCING

AT THESOUTHEASTERLYCORNER OF THEPARCELOF LANDDESCRIBEDIN THEDEEDTO THESTATE OF CALIFORNIARECORDED JULY 10, 1963ON REEL932, IMAGE313, ALAMEDACOUNTY RECORDS; THENCE ALONG A LINECOMMONTO THEPROPERTIES, NOW OR FORMERLY, OF GOTfLIEBWAESPI, ET UX. AND OF THESTATEOF CALIFORNIAN. 48043' 46" E., 325.32 FEETTO THESOUTHWESTERLYLINE OF THEEXISTING STATE HIGHWAYLEADING FROM HAYWARDTO NILES, THENCEALONG SAID SOUTHWESTERLYLINE S. 41021' 12" E., 166.70 FEET; THENCEFROM A TANGENTTHAT BEARSS. 6° 46' 51" W., ALONGA CURVETO THE RIGHT, WITH A RADIUSOF 215.00 FEET, THROUGHAN ANGLEOF 91° 11' 09", AN ARCLENGTHOF 342.17 FEET; THENCE N. 82- 02' 00- W., 29. 10 FEETTO THE LINE COMMONTO THE PROPERTIES, NOW OR FORMERLYOF SAID GOTTLIEBWAESPI, ETUX, AND OF A. BERNARDMUTH; THENCEALONGSAID COMMON PROPERTYLINE N. 410 16' 14- W., 125.14 FEETTO THE POINT OF COMMENCEMENT.

CONTAINING 1. 477 ACRES, MORE OR LESS.

APN,. 07SC- 0438- 011- 01
PARCEL 11:

COMMENCINGAT THEMOSTSOUTHERLYCORNEROFTHEPARCELOFLANDDESCRIBEDIN THEDEEDTOTHE STATEOFCALIFORNIA, RECORDEDJULY10, 1963ONREEL932, IMAGE313, ALAMEDACOUNTYRECORDS; THENCEALONGTHELINECOMMONTO THEPROPERTIES, NOWORFORMERLYOFA. BERNARDMUTHANDOF GOTTLIEBVIAESPI, Er UX. ANDITS PROLONGATIONS. 41- 16' 14" E., 414.57 FEETTOTHENORTHEASTERLY CORNEROFTHE PROPERTYOFA. BERNARDMUTH, ETUX.; THENCEALONGTHESOUTHEASTERLYLINEOF LASTSAID PROPERTYS. 480 43' 46" W., 493.68 FEETTO THE CENTERLINE OF DIXON STREET; THENCE ALONGSAID CENTERLINEN. 41016' 14" W., 307.35 FEET, THENCEN. 70 58' 00- E., 132.23 FEET; THENCEN. 40 09' 09" E., 299. 07 FEETTO THE NORTHWESTERLYLINE OF THE PROPERTYOF SAID A. BERNARDMUTH; THENCEALONGSAIDNORTHWESTERLYLINEN. 48043' 46- E., 180.50 FEETTO THENORTHEASTERLY PROPERTYLINE OFSAIDA. BERNARDMUTH; THENCEALONGLASTSAIDLINES. 41016' 14" E., 189.01 FEET TO THE POINT OF COMMENCEMENT.

CONTAINING5.563 ACRESMOREORLESSIN ADDITIONTO 0.183OFAN ACRE, MOREORLESSIN SAID DIXON STREET.

APN: 078C- 0438- 019- 01
PARCEL 12:

PARCEL ONE:

BEGINNINGAT A POINTONTHENORTHWESTERNLINEOFCOUNTYROADNO. 314, ALSOKNOWNASTHE COUNTYROADLEADINGTO ALVARADO, DISTANTTHEREONSOUTH44- 30' 25" WEST, 840.61 FEETFROMTHE

POINTOFINTERSECTIONTHEREOFWITHTHESOUTHWESTERNLINEOFCOUNTYROADLEADINGFROM HAYWARDTO THE MISSION OF SAN JOSE; RUNNINGTHENCE NORTH420 35WESl; 935.6 FEETTO THE ACTUALPOINTOF BEGINNINGOFTHEHEREINDESCRIBEDPREMISES; THENCESOUTH47025WEST, 487.47 FEET; THENCENORTH44- 12' 30" WEST, 77.87 FEET, THENCENORTH47- 25' EAST, 489.68 FEET-,' THENCE SOUTH420 35' EAST, 77.84 FEETTO THE ACTUAL POINT OF BEGINNING.

PARCEL TWO:

ANEASEMENTFORINGRESSANDEGRESSOVERTHEEASTERN10FEETOFTHE PARCELOFLANDDESCRIBED IN THE DEED FROM MARTIN J. KANDLER, ET UX, TO LAWRENCERAMOS, SR., ET At, RECORDEDOCTOBER14, 1958, IN BOOK 8812 OF OFFICIALRECORDSOF ALAMEDACOUNTY, PAGE389.

APN. 078C- 0435- 002- 01
PARCEL 13:

BEGINNINGAT A POINT ON THE NORTHWESTERNLINE OF ALQUIRE ROAD, ALSO KNOWNAS COUNTY ROAD NO. 314, DISTANT THEREONSOUTH44- 52' WEST 1302.84 FEETFROMTHE INTERSECTIONTHEREOF, WITH THE SOUTHWESTERNLINE OF NILES ROAD; RUNNINGTHENCEALONG SAID LINE OFALQUIREROAD, SOUTH 44052' WEST300 FEETTOTHEEASTERNLINEOFTHERIGHTOFWAYDESCRIBEDIN THEDEEDFROMD. VAN NESTO THE WESTERN PACIFICRAILWAY COMPANY, DATED MARCH17, 1906, RECORDEDJUNE 23, 1906, IN BOOK 1180 OF DEEDS, PAGE150, ALAMEDA COUNTYRECORDS; THENCEALONG THE LASTNAMED LINE NORTH31058' WEST1459.30 FEET; THENCESOUTH44- 20' EAST1420.40 FEETTOTHEPOINTOF BEGINNING.

EXCEPTINGTHEREFROMALL THAT PORTION OF THE ABOVE DESCRIBEDPARCELOF LANDCONTAINED IN A STRIP OF LAND 41. 00 FEET WIDE, RIGHT ANGLE MEASUREMENTS, LYING NORTHEASTERLY OF AND

CONTIGUOUS TO THE SOUTHWESTERN LINE OF SAID PARCEL AS CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED .TUNE 10, 1963 IN REEL 905, PAGE 916, SERIES NO. AU- 96861, ALAMEDA COUNTY OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED MARCH 7, 1967 IN REEL 1926, IMAGE 297, SERIES NO. AZ- 20352, ALAMEDA COUNTY OFFICIAL RECORDS.

PARCEL 14:

BEGINNING FOR REFERENCE AT A POINT IN THE NORTHWESTERLY BOUNDARY LINE OF VALLE VISTA ROAD, FORMERLY COUNTY ROAD NO. 314, DISTANT THEREON 1168, 47 FEET SOUTHWESTERLY FROM THE

SOUTHWESTERLY BOUNDARY LINE OF THE -COUNTY ROAD, NOW STATE HIGHWAY, BETWEEN HAYWARD AND MISSION SAN JOSE, AS THE SAME EXISTED ON DECEMBER 7, 1928; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN THE DEED TO THE CITY OF HAYWARD, RECORDED MAY 5, 1969, IN REEL 2395, IMAGE 909, OFFICIAL RECORDS OF ALAMEDA COUNTY, AND ITS NORTHWESTERLY PROLONGATIONN. 41016' 14" W., 407.86 FEETTO THE TRUE POINT OF COMMENCEMENT; THENCES. 48043' 46" W., 144. 55 FEET TO THE PROPERTY LINE COMMON TO THE LANDS, NOW OR FORMERLY, OF THE FRONTIERS FOR CHRIST, A CALIFORNIA CORPORATION, AND OF THE STATE OF CALIFORNIA; THENCE ALONG LAST SAID LINE S. 42053' 44" E., 382. 29 FEET TO THE NORTHWESTERLY LINE OF SAID CITY OF HAYWARD PARCEL; THENCE ALONG LAST SAID LINE N. 45° 48' 57" E., 39. 68 FEET; THENCE N. 72° 42' 59" W., 79. 78 FEET; THENCE N. 5012' 59' W., 230. 56 FEET TO SAID PROLONGATION; THENCE N. 41° 16' 14" W., 125. 66 FEET TO THE TRUE POINT OF COMMENCEMENT.

APN: 078C- 0436- 010- 03 i
PARCEL 15:

BEGINNING AT A POINT ON THE CENTER LINE OF COUNTY ROAD NO. 7722, KNOWN AS DIXON STREET, AS SAID ROAD IS DESCRIBED IN THE DEED TO COUNTY OF ALAMEDA, DATED OCTOBER 1, 1933, RECORDED NOVEMBER 16, 1933, IN BOOK 2999 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 130, DISTANT THEREON NORTH 420 35' WEST 460. 82 FEET FROM THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314,

KNOWN AS ALQUIRE ROAD, FORMERLY VALLE VISTA ROAD, AND RUNNING THENCE ALONG SAID LINE OF DIXON ROAD NORTH 420 35' WEST 114 FEET; THENCE SOUTH 47° 25' WEST 225. 05 FEET; THENCE NORTH 42° 35' WEST 171. 12 FEET; THENCE SOUTH 47° 25' WEST 257. 03 FEET TO THE SOUTHWESTERN LINE OF THE 4 ACRE PARCEL OF LAND DESCRIBED, IN THE DEED BY LENA B. NORTON TO ELIZABETH BIDWELL PAlTERSON, DATED SEPTEMBER 28, 1935, RECORDED OCTOBER 9, 1935, IN BOOK 3221 OF SAID OFFICIAL RECORDS, PAGE 223; THENCE ALONG THE LAST MENTIONED LINE SOUTH 440 12' 30" EAST 285. 23 FEET TO A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 47° 25 EAST 473. 99 FEET TO SAID POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO ROLF RAYMOND HARADER et ux, DATED MARCH 2, 1962, RECORDED MARCH 5, 1962, REEL 528, IMAGE 844 ( AT 28989), ALAMEDA COUNTY RECORDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE PARCEL LYING NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING FOR REFERENCE AT THE SOUTHWESTERLY TERMINUS OF " SOUTH 47° 25' WEST, 225. 05 FEET" THENCE ALONG LAST SAID COURSE N 480 43" 46" E, 77. 70 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE S 60 40' 00" W, 74. 84 FEET; THENCE S 48° 43' 46" W, 1.96 FEET; THENCE S 41° 16' 14" E, 64. 00 FEET MARCH 30, 1998 INSTRUMENT NO. 105886, ALAMEDA COUNTY RECORDS.

APN: 078C- 0436- 001- 07 AND 078C- 0435- 006
PARCEL 16:

PARCEL ONE:

BEGINNING AT THE INTERSECTION OF THE NORTHEASTERN LINE OF THE STATE HIGHWAY LEADING FROM F HAYWARD TO NILES, AS SAID NORTHEASTERNLINE IS DESCRIBEDIN THE DEEDFROMGEORGEM. HUNKEN, ET UX, TO STATEOF CALIFORNIA, DATEDOCTOBER22, 1929, RECORDEDDECEMBER6, 1929, IN BOOK2266 OF OFFICIAL RECORDSOFALAMEDA COUNTY, PAGE135, ( Z/ 79205), WITH THE SOUTHEASTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN THE DEEDFROMGEORGEM. HUNKEN, ET UX, TO RICHARDJ. MURPHY, ET AL., DATED JANUARY10, 1931, RECORDEDJANUARY16, 1931, IN BOOK2489, OF SAID OFFICIAL RECORDS, PAGE 417, ( BB12964), RUNNING THENCE ALONG SAID NORTHEASTERN LINE OF SAID STATE HIGHWAY; SOUTHEASTERLY116.01 FEETTO THE SOUTHEASTERNLINE OF THE PARCELOF LAND DESCRIBEDIN THE DEED FROM JOSEPHE. COSTA, ET UX, TO GEORGEM. HUNKEN, DATEDFEBRUARY26, 1929, RECORDED FEBRUARY28, 1929, IN BOOK 2032 OF SAID OFFICIAL RECORDS, PAGE281, ( Z/ 14150); THENCE ALONGSAID LAST MENTIONED LINE, NORTHEASTERLY351.88 FEET, MOREOR LESS, TO THE NORTHEASTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN SAID LASTMENTIONED DEED; THENCEALONG SAID LAST MENTIONEDLINE, NORTHWESTERLY116.01 FEETTO THE SOUTHEASTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN SAID DEED TO RICHARDJ. MURPHY, ET AL., ABOVEREFERREDTO; AND THENCEALONGSAID LAST MENTIONED LINE, SOUTHWESTERLY351.88 FEET, MOREOR LESS, TO THE POINT OF BEGINNING. i PARCEL TWO:

AN EASEMENT APPURTENANT TO PARCEL 1 HEREIN DESCRIBED, FOR INGRESS AND EGRESS, SEWER AND ALL PUBLIC UTILITY PURPOSES, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO

NILES, KNOWN ASMISSION BOULEVARD, AS SAID ROAD EXISTEDPRIORTO THE WIDENING THEREOF, BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, HEREINAFTER REFERRED TO, DISTANT THEREON, NORTH4204V WEST', 1308.186 FEETFROMTHE POINT OF INTERSECTIONTHEREOF, WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUNNING THENCE NORTH 47015' EAST, 485. 48 FEET; THENCE NORTH 42- 45' WEST, 30 FEET; THENCE SOUTH 47- 15' WEST, 485. 48 FEET TO SAID LINE OF MISSION BOULEVARD; AND THENCE, ALONGTHE LAST NAMEDLINE, SOUTH42045' EAST, 30 FEETTO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THE SOUTHWESTERN 231 FEET, MORE OR LESS, AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEEDDATED OCTOBER11, 1929, RECORDEDNOVEMBER29, 1929, IN BOOK 2248, OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242.

APN: 078C- 0455- 004
PARCEL 17:

PORTION OF THE TRACT OF LAND CONTAINING 1-1/ 2 ACRES, MOREOR LESS, DESCRIBEDIN THE DEEDTO GEORGE M. HUNKEN, RECORDED FEBRUARY 28, 1929, BOOK 2032, OFFICIAL RECORDS, PAGE 381, DESCRIBED AS FOLLOWS:

BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT OF

LAND, WITH THE NORTHEASTERNLINE OF MISSION BOULEVARD, FORMERLYKNOWN AS THE STATE

HIGHWAY, LEADING FROM HAYWARDTO NILES, AS SAID NORTHEASTERNLINE IS DEFINED IN THE DEEDTO THE STATE OF CALIFORNIA, RECORDED DECEMBER 6, 1929, IN BOOK 2266, OFFICIAL RECORDS, PAGE 135; RUNNING THENCE SOUTHEASTERLY ALONG SAID LINE OF MISSION BOULEVARD, 58. 005 FEET; THENCE

NORTHEASTERLY, PARALLEL WITH SAID NORTHWESTERN BOUNDARY LINE OF THE TRACT OF LAND DESCRIBED IN SAID DEED TO GEORGE M. HUNKEN, 351. 88 FEET, MORE OR LESS, TO THE NORTHEASTERN BOUNDARY LINE OF SAID TRACT; THENCE NORTHWESTERLY ALONG THE LAST NAMED LINE, 58. 005 FEET TO THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE LAST NAMED LINE, 351. 88 FEET TO THE POINT OF BEGINNING.

APN: 078C- 0455- 003
PARCEL ONE:

COMMENCING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD

TO NILES, KNOWN AS MISSION BOULEVARD, AS SAID ROAD EXISTED PRIOR TO THE WIDENING THEREOF BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242, DISTANT THEREON NORTH 42° 45' WEST 1338, 186 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUN THENCE NORTH 471 IT EAST 375. 48 FEET TO THE ACTUAL POINT OF BEGINNING; AND RUNNING THENCE NORTH 470 IT EAST 110 FEET; THENCE NORTH 420 45' WEST 232. 02 j FEET, THENCE SOUTH 47° 15' WEST 110 FEET; AND THENCE SOUTH 42° 45' EAST 232. 02 FEET TO THE ACTUAL POINT OF BEGINNING.

PARCEL TWO:

AN EASEMENTFORINGRESSAND EGRESS, SEWERANDALL PUBLICUTILITY PURPOSES, AS APPURTENANTTO AND FOR THE BENEFIT OF PARCEL 1 ABOVE DESCRIBED, IN, UNDER, OVER AND ALONG A STRIP OF LAND DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO

EXCEPTING THEREFROM, THE SOUTHWESTERN 23. 7 FEET, MORE OR LESS, SO CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242.

APN: 078C70455- 005- 02
PARCEL 19:

BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO THE CITY OF HAYWARD RECORDED` ' C" 2018, UNDER RECORDER' S SERIES NO. 2018- - , ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

BEGINNIG AT A POINT LYING ON THE WESTERLY LINE OF SAID LANDS OF THE CITY OF HAYWARD, FROM WHICH THE SOUTHWESTERLY CORNER THEREOF DEARS SOUTH 300 55' 21" EAST 23. 50 FEET;

1. THENCE NORTH 300 55' 21" WST 652. 84 FEET ALONG LAST SAID LINE;

2. THENCE NORTH 090 22' 21" EAST 111. 62 FEET TO THE EASTERLY LINE OF THE LANDS OF THE CITY OF HAYWARD;

3. THENCE SOUTH 300 55' 21 EAST 744. 99 FEET ALONG LAST SAID LINE;

4. THENCE SOUTH 430 11' 56" WEST 42. 63 FEET TO THE POINT OF BEGINNING PORTION OF APN: 083- 0460- 011
PARCEL 20:

BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THE SAN FRANCISCO BAY AREA TRANSIT D STRI , T0 THECITYOFHAYWARD, RECORDEDi`
r.
2018, UNDER RECORDER' S SERIES
NO 2018- ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERLY LINE OF THE LANDS OF THE CITY OF HAYWARD, FROM WHICH THE SOUTHWESTERLY CORNER BEARS SOUTH 300 55' 21" EAST 23. 50 FEET;

1. THENCE SOUTH 430 11' 56" WEST 9. 77 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1700. 00 FEET,

2. THENCE WESTERLY 80. 47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20 42' 43" TO A LINE THAT IS PARALLEL WITH AND 18. 50 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LAND OF THE CITY OF HAYWARD;
ITHENCE SOUTH 450 54' 39" WESTl07. 76 FEETALONGSAID PARALLELLLINETO THEWESTERLYLINE OF SAID LANDSOFTHE CITYOFHAYVVARD; i 4.

THENCE
NORTH22046' 07" WEST 526.51FEETALONGLASTSAIDLINE TOTHESOUTHEASTERLYLINEOF / THATCERTAIN EASEMENTDEED TO ALAMEDACOUNTY FLOODCONTROLAND WATER CONSERVATIONi DIS[ RlCTRECOKDEC`MAY 5, 1971ONREEL2843, 8TIMAGE698,OFFICIALRECORDSC) PALAMEDACOUNTY; 5, THENCENORTH 280 46F01" EAST56. 01 ALONGTHENORTHEASTERLYPROLONGATIONOFLASTSAID LINE; 6. THENCE NORTH090 2221" WEST 163.59 FEET TO THE EASTERLYLINEOFTHE LANDSOF THE CITYOF H/ 0WARD; . 7. THENCESOUTH300 55'21"
EAST652. 84 ALONGLASTSAIDLINE TO THEPOINT OF BEGINNING. PORTIONOFAPN> 083- 0460- 010 ' EXHIBIT A- 2

PARK PROPERTY LEGAL DESCRIPTION
All of the real property in the, City of Hayward, County of Alameda, Stateof California, described as follows:

APN:' 078C- 0438- 011- 01
163\ 31\ 2396926. 8
A. P. N.: 078C- 438- 011- 01
Exhibit A
THAT PARCELOF LAND, IN THE CITY OF HAYWARD; COUNTYOF ALAMEDA, STATE OF CALIFORNIA, , DESCRIBED IN THAT GRANT DEED AF 32589, RECORDED JUNE 1, 1965, IN REEL 1516, IMAGE 973 DOCUMENT NUMBERAX74768, OFFICIAL RECORDSOF ALAMEDACOUNTY, TO THE STATEOF CALIFORNIA, DESCRIBED THEREIN:

COMMENCINGAT THE SOUTHEASTERLYCORNEROFTHE PARCELOF LAND DESCRIBEDIN THE DEEDTO THE STATE OF CALIFORNIA RECORDEDJULY 10, 1963 ON REEL932, IMAGE313, ALAMEDACOUNTY RECORDS; THENCE ALONG A LINE COMMONTO THE PROPERTIES, NOW OR FORMERLY, OF GOTTLIEB WAESPI, Er UX.

AND OF THE STATEOF CALIFORNIA N. 4804346" E., 325.32 FEETTO THE SOUTHWESTERLYLINE OFTHE EXISTING STATE HIGHWAY LEADING FROMHAYWARDTO NILES; THENCEALONG SAID SOUTHWESTERLYLINE S. 41 021'12" E., 166.70 FEET,' THENCE FROMA TANGENTTHAT BEARSS, 6' 046'51- W., ALONG A CURVETO THE RIGHT, WITH A RADIUS OF 215.00 FEET, THROUGHAN ANGLEOF 91011'09", AN ARC LENGTHOF 342.17 FEET; THENCE N. 82002'00- W., 29. 10 FEETTO THE LINE COMMONTO THE PROPERTIES, NOW OR FORMERLY OF SAID GOTTLIEB WAESPI, ET UX. AND OF A. BERNARD MUTH; THENCE ALONG SAID COMMON PROPERTY LINE N. 41 016' 14" W., 125. 14 FEET TO THE POINT OF COMMENCEMENT.

CONTAINING 1,477 ACRES, MORE OR LESS.

EXHIBIT B

SITE MAP
163\ 31\ 2396926. 8
1104WA
11JJXUUIJU9 Cc UtrILML -
LABORERSUNION LOCAL 4304-
7SC- 0433- 011- 02
dl-

MAINTENANCEACCESSEASEMENT (IJAE) NQR-
TRACT 8428TOACFC (SEENOTEI : the portion of Parcel J
encumbered by the LAEisalsocalled 'MAEParcel" 1. MAEPROVIDESACCESSFORACFCTO

MAINTAIN THEIR ADJACENT CHANNEL
FEE PARCEL TO ACFC (PARCEL1) THE MAE IS INSTALLEDAS PART OF THE SOHAY PARK

TO BE MAINTAINED BY ACFC PARK IMPROVEMENT PLANS,

PUBLIC PARK (PARCELL) IMPROVEMENT AGREEMENT
CfTYOFIIAn' ARD ALAMEDA COUNTY C.WFORNtt,
DATE: AUGUST 2019 SCALE I- lC%T
PUBLIC PARR (PARCEL J) ---.
70, V,
SAN RAMON { 925} GGb* 111
PEDESTRIAN BRIDGE cogSAI: R=:.

O ( 00) 37S- 1. 1-

EASEMENT CIVIL ENGINEERS - SURVEYORS - PL& WIERS
PA261RIMOACIZ- XH18ITSM- TRACT 8429 & 6447 PARK IWRMMENT AGREEMENT. DING T
isoN
I
LAFN
078C-
0436- 1- H
i. T 5-..
0 CL

O DOLTCO
F7
f
ri
PARCEI. J-/
TRACT 8447

SOHAYPARK

IMPROVEMENT AGREEMENT
CITY OF HAYWARD ALAMED. A COUNTY CALIFORNIA
DATE: AUGUST2019 SCALE: I'- IX
SAN RAMON ( 925) 06& 0372
SAGRAMEN70 016WS- 1877
CIVILENGWEERS - SUnVZYOnS - PLANNERS
10 IAITDAIT

PUBLIC PARK LAND

OBLIGATION PER PROJECT

CONDITIONS OF APPROVAL

TRACT AREA( ACREAGE)
8428 1.91
8447 0. 7±
TOTAL 2.61

IND TR L
TRACT 3459 178 M- 36)
i=-APN078C-0435-J10THRU158
mt CYSTATI
APH 013C- 435

PANS COURT
4 FA261 F, 0101ACADIEMW SM- TRACT 8428 & 8447 PARK IMPRUVEMEW AGR EEYENT. DW D'
A

IVI DER
PAGE
54606- 1429235

RECORDING REQUESTED BY
North American Title
AND WHEN RECORDED MAIL DOCUMENT TO:

HANG City of Hayward
ST" E£ T
777 B Street
Aw"e9 Hayward, CA 94541
uTM. rsA & Attn: City ManagerZIP CUDB

CERTIFIEDATRUECOPYOFTHEORIGINAL
RECORDEDINTHE0 FICIALLRECORDSOFSAIDCOUNTYON Aameda
UnderRecordeesSerialNo?018152498
NORTHAMERICANTITLECOMPANY, INC.

BY ver
ONLY

IRREVOCABLE OFFER TO DEDICATE ( PARK PARCEL)
Title of Document
Pursuant to Senate Bill 2 — Building Homesand Jobs Act (GCCode Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice requiredor permitted by law to be recorded, except those expressly exempted from payment of recording fees, per eachsingle transactionper parcelof realproperty. ThefeeImposedbythissectionshaltnotexceedtwohundredtwenty-fivedollars 225. 00).

Exempt from the fee per GG 27388. 1 (a) (2); This document Is subject to Documentary Transfer Tax Exemptfrom fee per GC27388.1 (a) (2); recordedconcurrently "in connection with" a transfer subject to the Impositionof documentary transfer tax ( DTT).

Exemptfrom fee per GC27388.1 (a) (2). recordedconcurrently "in connection with" a transfer of real propertythat is a residential dwelling to an owner -occupier.

Exempt from fee per GC 27388. 1 (a) (1); fee cap of $226.00 reached.

Exempt from the fee per GC 27388A ( a) (1); not related to real property.

THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION

3.00 Additional Recording Fee Applies)
Recorded at Request of
City of Hayward and
When Recorded Mail to and
Mail Tax Statements to:

City of Hayward
777 B Street
Hayward, California 94541
Attn: City Manager
ApN ivo 078C-0438- 011- 01

THE AREA ABOVE IS RESERVED FOR RECORDER' S USE
This Irrevocable Offer to Dedicate is
recorded at the request and for the benefit
of the City of Hayward and is exempt from
thepaymentof arecordingfeepursuantto
Government Code Sections 27383, and
27388. 1 (a)(1)(D) andpaymentof
documentarytransfertaxpursuantto
Revenue and Taxation Code Section 11922.

IRREVOCABLE OFFER TO DEDICATE
Park Parcel)
August 02
THISIRREVOCABLEOFFERTODEDICATEis madeasof-IAy/ 2018 by SoHay - Hayward, L.P., a Delawarelimited partnership (the "Owner").

WHEREAS, under Director' s Deed ( DD- 032589- 0 1 -01) ( the " Director' s Deed") the City of Hayward, a California chartercity ("City") acquiredcertainrealpropertymoreparticularly describedonExhibitA anddepictedasthe "Park Parcel" onthesitemapshownonExhibitB the " Park Parcel"). Under theDirector'sDeed, theParkParcelis subjecttoa public park use restriction through December 10, 2029.

WHEREAS, William Lyon Homes, Inc., a California corporation (" Lyon") andthe City, are partiesto that certainPurchaseandSaleAgreementdatedMay 16, 2017, assuchmaybe amended from time to time ( the " Purchase Agreement"), under which the City agreed to transfer the Park Parcel to Lyon.

WHEREAS, Lyon assigned the Purchase Agreement to the Owner, on or before the date hereof.

WHERAS, thetransferof theParkParcelis subjectto theConditionsof ApprovaldatedMay z, 2018, for GeneralPlanAmendmeni, Rezoning, VestingTentativeMap (Tract8428) (the 163\ 31\ 2367415. 8
Conditions of Approval") whichrequirestheOwnerto dedicatetheParkParcelto theCity or the City's designeeandto constructparkimprovementsthereon.

WHEREAS, Ownerherebyagreestoirrevocablyoffer for dedicationtheParkParcel (subjectto any reserved accesscasements, the requirements of the California Department of Transportation Caltrans") as set forth in the Director' s Deed, and the Revocable Offer to Dedicate (ACFC Chanel) for thebenefitof theCityoritsdesigneerecordedsubstantiallyconcurrentlyherewith collectively, the "Permitted Exceptions")) to the City or to the City' s designee, as generally depictedonthe attachedsitemap.

NOW, THEREFORE, incorporatingtheforegoingrecitals, theOwnerdoesherebydesignateand setasidefor futureuseasdescribedheretoandirrevocablyofferto dedicatetotheCityorthe City' s designee (the Hayward Area Recreational and Park District (" HARD")), fee title to the ParkParcel, asgenerallydepictedon theattachedsitemap, subjectto thePermittedExceptions andtheexpressrequirementthatthisofferof dedicationmaynotbeacceptedpriortoJuly31, 2019. The preciseareato bededicatedastheParkParcelunderthis Agreementmaybefurther refinedthroughtherecordationof afinalmap, butinno eventshalltheareadedicatedhereunder be less than one ( 1) acre in size. The area to be dedicated as the Park Parcel under this Agreementmustbeinterpretedin amannerthatis consistentwith therecordedfinalmap; provided however, if there is any conflict between the terms of this Agreement and the recorded finalmap (asit relatestothesolelytotheareadefinedas -theParkParcel), therecordedfinalmap shallcontrolandcompliancewith thetermsof dedicationundertherecordedfinalmapshall constitute compliance with the terms of this Agreement.

This Irrevocable Offer to Dedicateshallcontinuein full forceandeffectuntil City Councilor if directedby the City, thegoverningboardof the City's designeeacceptssuchoffer or if theoffer to dedicateunderthe final mapis acceptedasprovidedthereunder. Thededicationof thePark Parcel shall be deemed to be completed, upon acceptance of this Irrevocable Offer to Dedicate bytheCity Council, or, if directedbytheCity, thegoverningboardoftheCity'sdesigneeorif theoffer to dedicateunderthe final mapis acceptedasprovidedthereunder.

If andto the extentthe City acceptsthe dedicationof theParkParcelhereunder, theCity shall takeall stepsnecessaryor requiredunderthatcertainOptionAgreementby andbetweentheCity and HARD, dated as of . August 02 , 2018, to effectuate the terms thereof and deliver fee title to the ParkParcel, atnocost, to HARD by grantdeedassoonaspracticable.

Signature Page Follows]
163131 \ 2367415. 8
IN WITNESS WHEREOF, Ownerhascausedthis Irrevocable Offer to Dedicate to beexecuted asof the day and year first abovewritten.

OWNER:

SOHAY - HAYWARD, L. P.,
aDelawarelimitedpartnership
By: NP-HS LOJV GP H, LLC,
aDelaware limited liability company
General Partner
By: NP- HS LOT OPTION JOINT VENTURE 11, LLC,
aDelaware limited liability company
Sole Member
By: HEARTHSTONE PROFESSIONALS — PI, L. P.,
a Delaware limited partnership
By.

Steven C. Porath"
Authorized Person
Date: August 02, 2018
163\ 31\2367415. 9
A notarypublicor otherofficercompletingthiscertificateverifiesonlythe identity of the individual who signed the document to which this certificate is attached, andnot the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTYOFG.GSAA1 eL&z S )
2L` EfV'
e, f+ Notary Public, before
personally appeared' 7 who proved to me on the
basisof satisfactoryevidencetobethepersonsj whosename(a'f iskre-subscribedtothewithin instrwrientandacknowledgedtomethathe/she/theyexecutedthesamein his/harl/their authorized capacity(i*, and that by his/-her/ti eirsignatureVon the instrument the person(,; or the entity upon behalf of which theperson(o) acted, executedthe instrument.

I certify UNDER PENALTY OF PERJURY under the laws of theStateof California that the foregoing paragraphis true and correct.

WITNESS my hand and official seal.

CNCRYLXSTuDLEY
NolaryPubkc- Caiilana =-----
3$ryLo: ArgolesC=ty > Name: C. 1 2 T t i t•
ConnlssW 9 22=7
MyComm. Exp;losOct20, 2021 Notary Public
G¢ zvti
163U i12367415.8

EXHIBIT A

LEGAL DESCRIPTION
All of therealpropertyin the City of Hayward, County of Alameda, Stateof California, described as follows.

APN: 078C- 0438- 011- 01
16313112367415.8
A, P. N.: 078C- 438- 011- 01
Exhibit A
THATPARCELOFLAND, IN THECITYOFHAYWARD; COUNTYOFALAMEDA, STATEOFCALIFORNIA, .

DESCRIBEDIN THATGRANTDEEDAF32589, RECORDEDJUNE1, 1965, IN REEL1516, IMAGE973DOCUMENT NUMBERAX74768, OFFICIALRECORDSOFALAMEDACOUNTY, TOTHESTATEOFCALIFORNIA, DESCRIBED THEREIN:

COMMENCINGATTHESOUTHEASTERLYCORNEROFTHEPARCELOFLANDDESCRIBEDIN THEDEEDTOTHE STATEOFCALIFORNIARECORDEDJULY10, 1963ONREEL932, IMAGE313, ALAMEDACOUNTYRECORDS; THENCEALONGA LINECOMMONTOTHEPROPERTIES, NOWORFORMERLY, OFGOTTLIEBWAESPI, ETUX.

ANDOFTHESTATEOFCALIFORNIAN. 4804346" E., 325.32 FEETTOTHESOUTHWESTERLYLINEOFTHE EXISTINGSTATEHIGHWAYLEADINGFROMHAYWARDTONILES; THENCEALONGSAIDSOUTHWESTERLYLINE S. 41 °21'12" E., 166.70 FEET; THENCEFROMA TANGENTTHATBEARS5. 6 °46'51" W., ALONGA CURVETO THERIGHT, WITHA RADIUSOF215.00FEET, THROUGHANANGLEOF91-11'09"1ANARCLENGTHOF342.17 FEET; THENCEN. 82°02'00" W., 29.10 FEETTOTHELINECOMMONTOTHEPROPERTIES, NOWORFORMERLY OFSAIDGOTTLIEBWAESPI, ETUX. ANDOFA. BERNARDMUTH; THENCEALONGSAIDCOMMONPROPERTY LINE N. 41 016'14" W., 125. 14 FEETTO THE POINT OF COMMENCEMENT.

CONTAINING 1.477 ACRES, MOREOR LESS.

EXHIBIT B

SITE MAP
63\ 3IV3674I5. 8
1il X(
I
q J >JI
t 1
iII1
t -
jill "• I ,1
LEGEND
ME
f
I
J
i ACFCCHANNELj--
PARCEL i
i
Fr > TRA T 8428 % MAE
RIM'
ES
at 1 1
l0 QRAJNGELEASEEttii

IN FAVOROF
CONSTRUC710NAt7D ':
f _ r GENERAL18ORER5
11LOCALtO4 s r f
L 7 PARCEL
1,
41CONSiRUCTLON

GENERAL' LABORERS
UNION LOCAL3Dd078C-
0433- 011- 02 MAINTENANCE
ACCESS EASEMENT (MAE) 1, 107E- TRACT
8428 70ACFC (SEE NOTEI) • the portionof ParcelJ I. MAE PRONDESACCESS FOR ACFC TO encumbered by the MAEis alsocalled "MAE Parcel" MAINTAIN THEIR ADJACENTCHANNEL + p FEEPARCELTO ACFC (PARCEL 1) THE MAEIS INSTALLEDAS PARTOF THESOHA j rPARKTOBE MAINTAINEDBY ACFCPARK IMPROWMENTPUNS. PUBLIC

PARK ( PARCELL) PUBLIC

PARK ( PARCELJ) O

PEDESTRIAN BRIDGE EASEMENT

IMPROVEMENT
AGREEMENT Cfi1'
OFHAYWARDALAMEDAC01UNTY CAI. IFOR.\(,1 DATE:

ALIGUST1819SCALE I'" IN ti[
T H0. Sl.

N ItAMDN (D15J 0G6- 0323 SACRAMENTO
IDte) 375. 1477 a
VV
4///"' V. 7 wnv.
cowoncov " CIVIL
ENGINEERS • SURVEYORS • PLANNERS er 1: ltil.7S E a
FA26I"
iWCAD1FXHl3ITW8TRACT 8428 d 8447PARKIJtPROVEMENTAGREEMENT. WX o, tit

I NELSON
0436 1- 15
LjE'701 07X.,
0435- 5-
W
54 DOLTCOURT
Z,
O

PUBLIC PARK LAND

OBLIGATION PER PROJECT

CONDITIONS OF APPROVAL

TRACT AREA ( ACREAGE)
84288428 1.9±
8447 0 ' 1
TOTAL 4261: II
TOTAL
IfI6,TRILPARKWAY, ", ,
TRACT 3469 ( 78 IoL36)
WN 078C- 0436- 110 THRU 158
PAWLiSTTIMS
APR 078C- 436- 10- 4
jSPANCOURT
E3
t-------

SOIIAY LOOP

PARCEL)
TRACT 8447
SOHAY PARK 141TRAIL EASEMENT
Lill

IMPROVEMENT AGREEMENT
CITYOFHAIVARD ALWEDACOUNrY CALIFORNIA
DATE: ALIMT2019 SCALE: 1- 150' LEGEND
SAN PtAMON ( 925) 060- 0322 PARCEL J
SACRAMENTO ( 016) 375- 1877
CiVILENGINECSS - SURVEYORS - PLANNERS TRAILEASEMENTOF 75:9Af F.*1261r, UIMCAD6C) CH[8ITSkX8- MCT 8425 & 3447 PARK IMPROVEMENTAGREDIENLOWG EXHIBIT 4
PARK ] IMPROVEMENT SPECIFICATION LIST
Pleasereferto LandscapeImprovementPlansfor SohayPackpreparedbyUrbanArena, dated 05-07-19, inthefinalformapprovedbytheCity, onfile andavailablefor reviewintheCityOf HaywardPublic Works Department, EngineeringDivision.

Exhibit 4- 1
163\ 31\ 2546843. 15
EXHIBIT 5

NOTICE OF COMPLETION OF OBLIGATIONS
Exhibit 5- 1
163\ 3Ik2546843. 15

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Hayward
777 B Street
Hayward, CA 94541
Attn: City Manager
APN Nos:

NOTICE OF COMPLETION
Park Improvement Agreement)
Space Above For Recorder' s Use)
Pursuant to Section 14.1 of that certain Park Improvement Agreement dated as of September 2019, assuch may beamended (the "Park Improvement Agreement"), entered into by andamongtheCity of Hayward, aCaliforniachartercity (the "City"), and William Lyon Homes, Inc., a California corporation( the " Developer") and the Hayward Area Recreation and Park District, a California special district (" HARD"), HARD andthe City hereby certifythattheDeveloperof therealpropertymoreparticularlydescribedin Exhibit A (the Property") hasmetits obligationsunderParkImprovementAgreementregardingthe construction of the Park Improvements, Trail improvements, and Pedestrian Bridges on the Property, and has met its various other obligations specified in the Park Improvement Agreement.

This Notice of Completion shall serve as conclusive evidence that the Developer has completed construction and development of the Park Improvements, " Trail improvements, and PedestrianBridges on the Property in conformancewith the terms of the ParkImprovement Agreement.

This Notice of Completion shall not be deemed to be either a notice of completion under the California Civil Code or a certificate of occupancy. This Notice of Completion shall not constitute evidenceof compliance with the prevailing wagerequirementsof California Labor Code Sections 1720 et sec, or the requirements set forth in Section 8 of the Park Improvement Agreement.

Capitalized terms used in this Notice of Completion which are not defined herein shall havethe meaningsgiven suchterms in the Park Improvement Agreement. 163\. 31 \2674164. 2
IN WITNESS WHEREOF, The City and HARD havecausedtheir duly authorized representatives to execute this instrument as of 120,

HAYWARD AREA RECREATION AND
PARK DISTRICT, a California special district
IN
Name:

Its:

Certificate of Completion signature Page
163\ 31N2674164. 2
APPROVED AS TO FORM:

Michael Lawson, City Attorney
51 CITY:

CITY OF HAYWARD, a California chartercity
Kelly McAdoo, City Manager
Date: , 20_
JosephBrick, Assistant City Attorney
ATTEST:

Miriam Lens, City CIerk
Certificate of Completion Signature Page
163\ 31 \ 2674164. 2
Date: , 20
Date: , 20_
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documentto which this certificate is attached, andnot the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , before me, , Notary Public,
personally appeared , who proved to me onthe
basisof satisfactory evidenceto be the person(s) whosename(s) is/aresubscribedto the within instrument and acknowledgedto me that he/she/they executedthe samein his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executedthe instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.

WITNESS my handand official seal.

Name: _
Notary Public
163\3112674164. 2
A notarypublicor otherofficer completingthiscertificateverifiesonly the identity of the individual who signed the documentto which this certificate is attached, andnotthetruthfulness, accuracy, or validity of thatdocument.

STATE OF CALIFORNIA

COUNTY OF
On , before me, , Notary Public,
personally appeared , who proved to me on the
basisof satisfactory evidenceto be the person(s) whose name(s) is/aresubscribedto the within instrument and acknowledgedto me that he/she/they executedthe samein his/her/their authorizedcapacity(ies), andthatby his/her/theirsignature(s) ontheinstrumenttheperson(s), or the entity upon behalf of which the person(s) acted, executedthe instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.

WITNESS my hand and official seal.

Name:

Notary Public.
163\ 31 \2674164. 2

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
RealpropertyintheCityofHayward, CountyofAlameda, StateofCalifornia, describedas follows:

A- 1
163\ 3 1V67416U

ATTACHMENT IV

ATTACHMENT V

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 22-029
DATE: September 20, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director

SUBJECT
Firearms Regulations: Review and Discuss Regulations Related to Firearms

RECOMMENDATION
That the Council reviews the report and provides feedback to staff regarding the proposed approach to the regulation of firearms in the City of Hayward.

SUMMARY
Mayor Halliday and Councilmembers Lamnin and Andrews prepared a formal Council referral based on a growing concern both here in Hayward and throughout the nation regarding the impact of gun violence and accidental misuse of guns on the safety of the community. In response, staff provided a background memo regarding firearms regulations and the current land use process for firearm sales to the Council and the Council voted 7-0 to hold a future work session to provide staff feedback on this topic and guide future regulations around firearms in the community. Based on a review of the City’s current regulations, ongoing efforts at the state and national level, and legal limitations on what the City can do, staff has included recommendations for the Council’s consideration and discussion.

ATTACHMENTS
Attachment I Staff Report
Attachment II Links to Additional Information
CITY OF HAYWARD Printed on 9/16/2022Page 1 of 1
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Hayward City CouncilSeptember 20, 2022

Hayward City Council
September 20, 2022