Agenda Packet — Hayward City Council, February 7, 2023 (part 1 of 4)

Tuesday, February 7, 2023
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
City Council Agenda February 7, 2023

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/85625573419?pwd=a1psTXhmSEFmd2Q3bm9GY0ZJN1VLZz09 Meeting ID: 856 2557 3419
Password: CCm2/7@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 856 2557 3419
Password: 8646047058
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Zermeño

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
CITY OF HAYWARD Page 2 Tuesday, February 7, 2023
City Council Agenda February 7, 2023
January 31, 2023
February 7, 2023

PRESENTATIONS
Keep Hayward Clean and Green Beautiful Yard Contest: Winner Presentation Human Trafficking Awareness Month Proclamation

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

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

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

CONSENT
Approve the City Council Minutes of the City Council Meeting on January 17, 2023

1. MIN 23-015
Attachments: Attachment I Draft Minutes of 1/17/2023
Approve the City Council Minutes of the City Council Meeting on January 24, 2023

2. MIN 23-018
Attachments: Attachment I Draft Minutes of 1/24/2023
Adopt a Resolution Authorizing the Extension of the Council Homelessness-Housing Task Force for an Additional One-Year Period Through March 2024

3. CONS 23-034
Attachments: Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 3 Tuesday, February 7, 2023
City Council Agenda February 7, 2023
Adopt a Resolution to Temporarily Suspend Applicable Local Planning and Zoning Requirements for Homeless Shelters
Located on Specified Private Property, and Determining that the Common Sense CEQA Exemption Applies

4. CONS 23-063
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions (1) Authorizing the City Manager to Execute the Amendment to the Project Funding Agreement with
Alameda County Transportation Commission and Accept and Appropriate an Additional $1,662,000 and (2) Approving Plans and Specifications and Call for Bids for the Re-Bid of the Mission Boulevard Corridor Improvements Phase 3 Project, No. 05287

5. CONS 23-069
Attachments: Attachment I Staff Report
Attachment II Funding Agreement Resolution
Attachment III Calling for Bids Resolution
Adopt a Resolution Approving Garbage and Recycling Rates for 2023-2024

6. CONS 23-072
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III WMAC Rates
Adopt a Resolution Authorizing the City Manager to Execute a Coordination, Resiliency, and Action Agreement with Russell City Energy Company, LLC and Accepting and Appropriating Donations for a Fire Department Hazardous Materials
Response Vehicle and for the Russell City Reparative Justice Project (RCRJP) Following the Explosion that Occurred at the Russell City Energy Center on May 27, 2021

7. CONS 23-085
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Draft Agreement

PUBLIC HEARING
CITY OF HAYWARD Page 4 Tuesday, February 7, 2023
City Council Agenda February 7, 2023
Housing Element: Adopt a Resolution Amending the General Plan to Include the 2023-2031 Housing Element (Report from Acting Development Services Director Buizer)

8. PH 23-008
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Addendum
Attachment IV 2023-2031 6th Cycle Housing Element (HE)
Attachment V HE Appendix A Public Participation Report
Attachment VI HE Appendix B Housing Needs Assessment
Attachment VII HE Appendix C Housing Resources
Attachment VIII HE Appendix C Sites Inventory
Attachment IX HE Appendix D Housing Constraints
Attachment X HE Appendix E Past Accomplishments
Attachment XI HE Appendix F Fair Housing Assessment
Attachment XII HCD Comment Letter 11/28/22
Attachment XIII City Response to HCD Comments Matrix
Attachment XIV Draft PC Minutes HE 1/26/23
CITY OF HAYWARD Page 5 Tuesday, February 7, 2023
City Council Agenda February 7, 2023

LEGISLATIVE BUSINESS
Salary Plan Amendment: Adopt a Resolution Approving an
Amendment to the City of Hayward Salary Plan for the Fiscal Year 2023 (Report from Human Resources Director Frye)

9. LB 23-006
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Revised Salary Plan for FY 2023

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

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

ADJOURNMENT
NEXT SPECIAL MEETING, February 11, 2023

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.

CITY OF HAYWARD Page 6 Tuesday, February 7, 2023
City Council Agenda February 7, 2023

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

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

CITY OF HAYWARD Page 7 Tuesday, February 7, 2023
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-015
DATE: February 7, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on January 17, 2023

RECOMMENDATION
That the Council approves the City Council meeting minutes of January 17, 2023.

SUMMARY
The City Council held a meeting on January 17, 2023.

ATTACHMENTS
Attachment I Draft Minutes of January 17, 223
CITY OF HAYWARD Page 1 of 1 Printed on 2/3/2023
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The City Council meeting was called to order by Mayor Salinas at 7:25 p.m. The City Council held a meeting virtually via Zoom. Mayor Salinas indicated the meeting started late because the Council was transitioning from Planning Commission interviews.

Pledge of Allegiance: Council Member Roche

Present: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño MAYOR Salinas

Absent: None

PUBLIC COMMENTS
There were none.

CITY MANAGER’S COMMENTS
City Manager McAdoo announced the Hayward Public Library, in partnership with the American Chinese Youth Performing Art Foundation, was hosting Dance and Music for the Lunar New Year on January 21, 2023,

CONSENT

1. Approve the City Council Minutes of the City Council Meeting on December 6, 2022 MIN 23-007
It was moved by Council Member Márquez, seconded by Council Member Syrop, and carried unanimously, to approve the minutes of the City Council Meeting on December 6, 2022.

2. Approve the City Council Minutes of the Special City Council Meeting on December 13, 2022 MIN 23-008
It was moved by Council Member Márquez, seconded by Council Member Syrop, and carried unanimously, to approve the minutes of the special City Council Meeting on December 13, 2022.

3. Adopt an Ordinance Amending Chapter 10, Article 17 (Affordable Housing Ordinance) and Article 19 (Density Bonus Ordinance) of the Hayward Municipal Code Related to an Update of the Density Bonus Ordinance CONS 23-025
Staff report submitted by City Clerk Lens, dated January 17, 2023, was filed.

It was moved by Council Member Márquez, seconded by Council Member Syrop, and carried by the following roll call vote, to adopt the ordinance. 2 | J a n u a r y 17 , 2 0 2 3
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance 23-003, “An Ordinance Amending Chapter 10, Article 17 (Affordable Housing Ordinance) and Article 19 (Density Bonus Ordinance) of the Hayward Municipal Code Related to an Update of the Density Bonus Ordinance”

4. Adopt a Resolution Authorizing the City Manager to Execute Five (5) Eighteen-Month Professional Services Agreements with CSG Consultants, EKI Environment & Water, Harris & Associates, Lee and Ro, and V.W. Housen & Associates for On-Call Engineering Support Services, in an Amount Not-To Exceed $500,000 each, with an Aggregate Amount Not-To-Exceed $1,500,000 CONS 23-005
Staff report submitted by Public Works Director Ameri, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-004, “Resolution Authorizing the City Manager to Execute an Eighteen-Month Professional Services Agreement with CSG Consultants, Eki Environment & Water, Harris & Associates, Lee and Ro, and V.W. Housen & Associates, in an Amount Not-to-Exceed $500,000 Per Agreement, and $1,500,000 in Total, for On-Call Engineering Support Services”

5. Adopt a Resolution Approving Addendum No. 1, 2 & 2A, and Awarding a Construction Contract to JJ Construction & Design, Inc., for the Municipal Parking Lot No. 7, D-1 & D-2 Improvement Project, Project No. 05296 in the Amount of $328,070 and Authorizing a Construction Contingency Change Order Budget of $71,930 CONS 23-002 Staff report submitted by Public Works Director Ameri, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-005, “Resolution Approving Addendum No. 1, 2 & 2A for the Municipal Parking Lot No. 7, D-1 & D-2 Improvement, Project No. 05296, and Awarding the Construction Contract to JJ Construction & Design, Inc.”

6. Adopt a Resolution Approving Plans and Specifications, and Call for Bids for the FY23 Median Landscape Improvement - Phase 1, Project No. 05281 CONS 23-006 Staff report submitted by Public Works Director Ameri, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-006, “Resolution Approving Plans and
Specifications for the FY23 Median Landscape Improvement – Phase 1 Project – Hesperian Boulevard (Phillips Way to Sueirro Street) Project No. 05281, and Call for Bids”

7. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $10,000 in Small Donations ($999 or less individually) from Library Patrons to Support Library Services and Programs CONS 23-010
4 | J a n u a r y 17 , 2 0 2 3
Staff report submitted by Director of Library Services Addleman, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-007, “Resolution Authorizing the City Manager to Accept and Appropriate up to $10,000.00 in Small Donations ($999 or Less Individually) to Support Library Services and Programs in FY2023 and up to $10,000 Annually through the End of FY 2025”

8. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $200,000 from Edward Martins to Support the Purchase of a Techmobile for the Hayward Public Library CONS 23-012
Staff report submitted by Director of Library Services Addleman, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-008, “Resolution Authorizing the City Manager to Accept and Appropriate $200,000 from Edward Martins o
Support the Purchase of a Techmobile”

9. Adopt a Resolution Awarding a Contract to JMB Construction for the Trash Capture Device Installation on Tennyson Road, Project No. 07746, in an Amount of $737,888 and a Contingency Budget of $72,112 for a Total Contract Not-to-Exceed Amount of $810,000 CONS 23-013

Staff report submitted by Director of Public Works Ameri, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-009, “Resolution Awarding a Contract to JMB Construction for the Trash Capture Device Installation on Tennyson Road, Project No. 07746, in an Amount of $ 737,888 and a Contingency Budget of $72,112 for a Total Contract Not-toExceed Amount of $ 810,000”

10. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Landscape Maintenance Contract for Prominence Lighting and Landscape District #3 with Brightview Landscape Services, in an Annual Amount of $99,554 and Approving an Additional $20,000 Annually for Contingencies CONS 23-015 Staff report submitted by Director of Maintenance Services Rullman, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-010, “Resolution Authorizing the City Manager to Negotiate and Execute a Contract for Landscape Maintenance for Prominence LLD #3 with Brightview Landscape Services in an Annual Amount of $99,554,000 and Approving an Additional $20,000 Annually for Contingencies”
6 | J a n u a r y 17 , 2 0 2 3

11. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Landscape Maintenance Contract for the Downtown Hayward Maintenance with New Image Landscape Company, in an Annual Amount of $156,000, and an Additional $20,000 Annually for Contingencies, and Approve an Increase in the Budget Appropriation and Transfer of $116,402 from the General Fund to the Landscape Maintenance Fund CONS 23-016
Staff report submitted by Director of Maintenance Services Rullman, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-011, “Resolution Authorizing the City Manager to Negotiate and Execute a Contract for Landscape Maintenance for the Downtown Hayward Maintenance with New Image
Landscape Company in an Annual Amount of $156,000 and
Approving an Additional $20,000 Annually for Contingencies; and Amending the FY 2023 Budget Resolution in Order to
Appropriate and Transfer $116,402 from the General Fund to the Landscape Maintenance Fund for Said Contract”

12. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with OpenGov, Inc. for Financial Reporting, Budgeting and Planning, and Procurement Solution Services for a Period of Three-Years, with Two (2) One-Year Contract Extensions CONS 23-024
Staff report submitted by Director of Finance Gonzales, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-012, “Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with
OpenGov, Inc. for Financial Reporting, Budgeting and Planning, and Procurement Solution Services for a Period of Three-Years, with Two (2) One-Year Contract Extensions”

13. Adopt Resolutions Authorizing the City Manager to (1) Amend the Professional Services Agreements with Kitchell CEM for Extended Construction Support Services by $333,000 for a Not-to-Exceed Amount of $2,533,000; (2) with RossDrulisCusenbery Architecture, Inc., by $292,000 for a Not-to Exceed Amount of $3,254,000; (3) Amend the Inspector of Record Services with ABC Inspections, Inc., by $80,000 for a Not-to-Exceed Amount of $945,000; (4) Amend the Agreement with Mobile Modular for an Additional Rental of Modular Structures by $55,000 for a Not-to-Exceed Amount of $283,500 for the Temporary Fire Station 6; and (5) Transfer and Appropriate Additional Funds in an Amount Not-to-Exceed $5,596,800 for the Fire Station 6 and Fire Training Center Project, Project No. 07481 and 07482 CONS 23-026
Staff report submitted by Director of Public Works Ameri, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-013, “Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with Kitchell Cem for Construction Support for the Fire Station 6 and Fire Training Center Improvement Project”
Resolution 23-014, “Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with RossDrulisCusenbery Architecture, Inc., for Construction Support for the Fire Station 6 and Fire Training Center Improvement Project”
8 | J a n u a r y 17 , 2 0 2 3
Resolution 23-015, “Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with ABC Inspections, Inc., for Inspector of Record Services for the Fire Station 6 and Fire Training Center Improvement Project” Resolution 23-016, “Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mobile Modular for an Additional Rental of Modular Structures by $55,000 for a Not-to-Exceed Amount of $283,500 for the Temporary Fire Station 6”
Resolution 23-017, “Resolution to Appropriate Additional Measure C Funds, in an Amount of $5,596,800, for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482, from Measure C Capital Operating (Fund 101) to Measure C (Fund 406)”

14. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn & Associates, Inc., for the Planning and Scoping Phase of the SR-92/Whitesell Interchange Project, Project No. 05334, in an Amount Not-toExceed $620,000 and Appropriate an Additional $360,000 from Fund 212 to the Project CONS 23-027
Staff report submitted by Director of Public Works Ameri, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-018, “Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Kimley Horn & Associates, Inc., for Consulting Services for the Planning and Scoping Phase of the SR-92/Whitesell, Project No. 05334 in an Amount Not-to-Exceed $620,000”
Resolution 23-019, “Resolution Authorizing the Appropriation of $360,000 from the Measure BB (Local Transportation Fund) Fund (Fund 212) to the Planning and Scoping Phase of the SR92/Whitesell Interchange Project, Project No. 05334”

City Manager McAdoo, City Attorney Lawson and City Clerk Lens left the Zoom meeting because the Legislative Business item included salary changes related to their positions.

LEGISLATIVE BUSINESS

15. Salary Plan: Adopt a Resolution Approving the Amended Fiscal Year 2023 Salary Plan that Designates Classifications and Corresponding Salary Changes LB 23-003 Staff report submitted by Human Resources Director Frye, dated January 17, 2023, was filed.

Human Resources Director Frye provided a synopsis of the staff report.

Members of the City Council asked clarifying questions regarding: the Council appointed officers’ salary percentage increases, which are reviewed during annual performance evaluations and follow HAME’s methodology for equity adjustment; the budget for the sweeper equipment operator classification is funded through the General Fund, Water Fund, and Stormwater Fund, which is a practice implemented when positions are impacted by funds other than the General Fund; and the definition of equity adjustment.

There being no public comment, Mayor Salinas opened and closed the public hearing at 7:40 p.m.

Mayor Salinas acknowledged the work done by the Personnel Commission.

Deputy City Clerk Madhukansh assisted with the roll call vote.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-020, “Resolution Approving the Amended Fiscal Year 2023 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding
Resolution No. 22-278 and all Amendments Thereto”
10 | J a n u a r y 17 , 2 0 2 3

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Márquez thanked the South Alameda NAACP Planning Committee for organizing the annual Dr. Martin Luther King Jr. Birthday celebration at Chabot College on January 16, 2023, with keynote address by Chief of Police Toney Chaplin.

Council Member Andrews acknowledged Chabot College, the City of Hayward, and the Hayward Unified School District for helping organize the Dr. Martin Luther King Jr. Birthday celebration.

Council Member Márquez, serving as the City’s representative to the Alameda County Mosquito Abatement District (ACMAD), reported there was no detection of West Nile virus in humans or birds during 2022 and noted ACMAD’s audit was satisfactory.

Council Member Roche noted that Arzo Mehdavi and Judy Harrison were acknowledged at the Dr. Martin Luther King Jr. Birthday event on January 16, 2023.

Mayor Salinas acknowledged staff from the Streets and Landscape divisions for their response to the storm.

COUNCIL REFERRALS
There were none.

ADJOURNMENT
Mayor Salinas adjourned the meeting to Planning Commission interviews at 7:46 p.m.

Planning Commission Selection
• Karla Goodbody (Term ending September 2023)
• Anika Patterson (Term ending September 2023)
• Shanta Franco-Clausen (Alternate)
It was noted that the City Council would take formal action at the January 24, 2023 Council meeting. Mayor Salinas adjourned the special meeting at 8:06 p.m.

APPROVED
__________________________________________________________ Mark Salinas
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 23-018
DATE: February 7, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on January 24, 2023

RECOMMENDATION
That the Council approves the City Council meeting minutes of January 24, 2023.

SUMMARY
The City Council held a meeting on January 24, 2023.

ATTACHMENTS
Attachment I Draft Minutes of January 24, 2023
CITY OF HAYWARD Page 1 of 1 Printed on 2/3/2023
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The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Mayor Salinas asked attendees to observe a moment of silence in remembrance of the victims of the tragic incidents that occurred in Monterey Park and Half Moon Bay resulting from armed gunmen.

Pledge of Allegiance: Council Member Syrop
Roll Call
Present
Council Chamber: Council Members Andrews, Goldstein, Márquez, Roche, Syrop Mayor Salinas
Virtual Platform (Zoom): Council Member Zermeño

Absent: None

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session at 5:30 p.m., with all members present and two public comments unrelated to closed session agenda items, regarding: 1) conference with legal counsel pursuant to Government Code section 54956.9 regarding RLW, LLC, et al. v.

Bruhn, et al., Case No. 3:21-cv-06767-SK, US District Court, ND CA; and 2) conference with property negotiators pursuant to Government Code section 54956.8 regarding proposed project features located in the eastern San Francisco Bay Area, including portions of San Lorenzo, an unincorporated community in Alameda County, and portions of the Cities of Hayward, Union City, Fremont, and Newark; proposed project improvements would be constructed at Cargill’s Solar Salt Facility, located at 7220 Central Avenue in Newark, California, and within roadway rights-of-way between the Solar Salt Facility and the Oro Loma Sanitary District/Castro Valley Sanitary District Water Pollution Control Plant in San Lorenzo.

The MSS are primarily situated in Ponds 12 and 13 of Cargill’s Solar Salt Facility, which are located within the US Fish and Wildlife Service’s (USFWS’s) Don Edwards San Francisco Bay National Wildlife Refuge (Refuge). City Attorney Lawson indicated there was no reportable action related to Item 1 noting the topic is on the January 24, 2023 Council Infrastructure Committee agenda; regarding Item No. 2, the Council discussed and unanimously approved, with Council Member Márquez moving, seconded by Council Member Roche, settlement of the lawsuit. The closed session adjourned at 6:33 p.m.

PRESENTATION
Alameda County Mosquito Abatement District (ACMAD) General Manager Ryan Clausnitzer provided an overview of the formation and authority of ACMAD; noted there were fifteen 2 | J a n ua r y 24 , 2 0 2 3
representatives on the ACMAD Board of Trustees and Council Member Márquez was Hayward’s representative; reported on the ACMAD Strategic Plan; shared mosquito producing habitats and integrated mosquito management; and urged residents to contact ACMAD for mosquito abatement services.

Council Member Márquez commended Mr. Clausnitzer for his leadership and the ACMAD team for being a leader in the industry and was pleased that the district was joining efforts with the Hayward Area Shoreline Planning Agency.

Council Member Andrews requested that ACMAD provide a presentation to the Keep Hayward Clean and Green Task Force.

PUBLIC COMMENTS
The following individuals spoke about the continued hardship that small businesses face competing with street vendors; spoke about the increased cost of goods, wages, and taxes which may force businesses to close; stated that street vendors do not contribute to the city’s revenue; and asked for the City’s assistance.

Mr. Jorge Flores
Mr. Raul Martinez
Mr. Jose Huitron
Mayor Salinas shared that he was aware of the concerns raised and staff was working on developing a solution that would be shared with affected parties.

Mr. Gabriel Altamirano, with South Hayward Now Ahora, expressed concern about unpermitted street vendors impacting the livelihood of retail businesses; favored sharing information on State legislation allowing individuals to obtain permits; and urged the City to have resources available on call during storm situations.

Mr. Carlos Archuleta shared that JJ Creech was a victim of gun violence in Hayward; spoke about blacklisting as the worst form of intimidation; and urged the Council to champion free speech without fear of retaliation and blacklisting.

Ms. A. Martinez spoke on behalf of California Governor’s Office of Emergency Services about the importance of the California Earthquake Early Warning System and the development of the nation’s first alert system application called MyShake App.

CITY MANAGER’S COMMENTS
City Manager McAdoo provided an update on the mudslide situation on Faircliff Drive and the City’s ongoing assistance to residents who have been impacted. In response to Council Member Zermeño’s request for a status update on restaurant owners, City Manager McAdoo shared that staff met with them, a meeting with street vendors was planned as a street vendor ordinance is developed and staff was working with County Health Department staff to do

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/88129328683?pwd=eDI3dUtROHFBNVNLRnZtUUpSRFE5UT09 Tuesday, January 24, 2023, 7:00 p.m.
enforcement of non-permitted vendors; and added that staff plans to bring the ordinance to Council for consideration before the August recess.

CONSENT
Council Member Syrop removed Consent Item No. 5 from the Consent Calendar for discussion.

1. Approve the City Council Minutes of the Special City Council Meeting on January 3, 2023 MIN 23-011
It was moved by Council Member Andrews, seconded by Council Member Márquez, and carried unanimously, to approve the minutes of the Special City Council Meeting on January 3, 2023.

2. Approve the City Council Minutes of the Special City Council Meeting on January 9, 2023 MIN 23-012
It was moved by Council Member Andrews, seconded by Council Member Márquez, and carried unanimously, to approve the minutes of the Special City Council Meeting on January 9, 2023.

3. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 3 to the Professional Services Agreement with Gray-Bowen-Scott for Transportation Engineering Services in the Amount of $120,000, for a Total Not-To-Exceed Amount of $270,000, and Extending the Termination Date to December 31, 2023 CONS 23-028 Staff report submitted by Public Works Director Ameri, dated January 24, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-020, “Resolution authorizing the City Manager to Execute Amendment No. 3 to the Professional Services Agreement with GrayBowen-Scott for Transportation Engineering Services in the Amount of $120,000, for a Total Not-to-Exceed Amount of $270,000, and Extending the Termination Date to December 31, 2023”
4 | J a n ua r y 24 , 2 0 2 3

4. Adopt a Resolution Approving Addendum No. 1, and Awarding a Construction Contract to Silicon Valley Paving, Inc., for the Municipal Parking Lot No. 8 Improvement, Project No. 05740 in the Amount of $466,950.75, and Authorizing a Construction Contingency Change Order Budget of $93,049.25 CONS 23-032
Staff report submitted by Public Works Director Ameri, dated January 24, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-021, “Resolution Approving Addendum No. 1 for the Municipal Parking Lot No. 8 Improvement, Project No. 05740, and Awarding the Construction Contract to Silicon Valley Paving, Inc.”

5. Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Safe Routes to School Project, Project No. 05319 CONS 23-033 Staff report submitted by Public Works Director Ameri, dated January 24, 2023, was filed.

In response to Council Member Syrop’s inquiry on whether Cesar Chavez Middle School has sufficient bike racks in place to accommodate the anticipated increase in bike traffic, Public Works Director Ameri responded that the proposed improvements are not expected to generate a significant increase in bike usage in the short term, and the school had indicated they have adequate bike racks. In response to Council Member Syrop’s inquiry about the proposed curb extensions, Director Ameri noted they were painted outline extensions.

Council Member Syrop requested that the proposed project be amended to prioritize adding a protected bike lane to build something that is used, and safe for residents. Director Ameri stated that staff will consider the solutions suggested by Council Member Syrop; however, if a solution is identified before the contract is awarded, then it can be added as an addendum to the calls for bids, and if the decision is made during construction after the project is awarded, then the solution can be implemented via a contract change order.

Council Member Andrews commented that since improvements were being made to Dickens Avenue, there had been issues further down in the area. Director Ameri noted that the

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/88129328683?pwd=eDI3dUtROHFBNVNLRnZtUUpSRFE5UT09 Tuesday, January 24, 2023, 7:00 p.m.
crosswalk will be enhanced to include a rapid flashing beacon to improve safety and visibility to drivers.

In response to Council Member Roche’s question on where the flashing beacons will be installed, Director Ameri indicated they will be on Tennyson Road and Dickens Avenue, and staff could evaluate if beacons were warranted on the crosswalks near Cesar Chavez.

Council Member Márquez requested that staff verify the school was fine with the timeline of starting the project in April and completing it by June. Director Ameri noted that the construction would not be too disruptive, and was contemplating to schedule the project when school is not in session to avoid disruptions.

Mayor Salinas opened the public comment period at 7:55 p.m.

Mr. Gabriel Altamirano, with South Hayward Now Ahora, stated he did not recall any community discussion on the topic, expressed that traffic was a major issue during peak hours, and suggested the City contact the Hayward Unified School District to reopen and build a pathway and automated gate to ease traffic congestion in the area.

Mayor Salinas closed the public comment period at 7:59 p.m.

Council Member Andrews indicated the staff report’s public contact section noted there was a public survey and community meetings held on the matter. Director Ameri added that staff also received feedback from the Alameda County Transportation Commission and the school, and he would look into the suggestion made for further improvements.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-026, “Resolution Approving the Plans and Specifications and Calling for Bids for the Safe Routes to School Project, Project No. 05319”
6 | J a n ua r y 24 , 2 0 2 3

6. Adopt a Resolution Adopt a Resolution Increasing the Construction Contract with GSW Construction, Inc, Contract No. 23054, by $34,000 for a Total Not-To-Exceed Amount of $241,500 for the Trash Capture Device Installation on Cotter Way Project No. 07675 CONS 23-035
Staff report submitted by Public Works Director Ameri, dated January 24, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-022, “Resolution Authorizing Staff to Increase the Construction Contract with GSW Construction, Inc. to a Total Not-toExceed Amount of $241,500 for Project 07675”

7. Adopt a Resolution Authorizing the City Manager to Award a Contract to Carbon Supply Inc. for Bio-Gas Conditioning System Media Replacement Project No. 07618 in an Amount Not-to-Exceed $319,800 CONS 23-047
Staff report submitted by Public Works Director Ameri, dated January 24, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-023, “Resolution Authorizing the City Manager to Award a Contract to Carbon Supply Inc. for Bio-gas Conditioning System Skid Media Replacement Project No. 07618 in an Amount Not to Exceed $319,800”

8. 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 23-043
Staff report submitted by City Clerk Lens, dated January 24, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-024, “Resolution Making the Required Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the Covid 19 State of Emergency”

9. Adopt a Resolution Adopt a Resolution Appointing Ms. Karla Goodbody to Fill the Unexpired Term of Former Planning Commissioner Julie Roche and Appointing Ms.

Anika Patterson to Fill the Unexpired Term of Former Planning Commissioner Dan Goldstein, and Confirming the Selection of Ms. Shanta Franco-Clausen as the Alternate for a Term Ending July 2023 CONS 23-046
Staff report submitted by Public Works Director Ameri, dated January 17, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
8 | J a n ua r y 24 , 2 0 2 3
Resolution 23-025, “Resolution Confirming the Appointment of Ms.

Karla Goodbody and Ms. Anika Patterson to the Planning Commission, and Confirming the Selection of Ms. Shanta Franco-Clausen as the Alternate”

WORK SESSION

10. Hayward Residential Design Study: Parking Analysis for Hayward Residential Design Study
Staff report submitted by Acting Development Services Director Buizer, dated January 24, 2023, was filed.

Acting Development Services Director Buizer announced the item and introduced Senior Planner Blanton and Assistant Planner Richard who provided a synopsis of the staff report.

Mayor Salinas opened the public comment period at 8:21 p.m.

Mr. Gabriel Altamirano, with South Hayward Now Ahora, stated that he did not see discussion in the Study about residential units built both before and after 1979 that have cement over 75 percent of front yard area to use as parking which takes away from on-street parking usage for community members; and asked that this be considered in the Study noting it was not permissible for residents to create ingress/egress access over sidewalks adjacent to a public street without proper permits.

Ms. Ro Aguilar supported measures to decrease the cost of parking in developments; urged to continue the vision for the city to function with fewer cars, consider unbundling parking and allow driving spaces to satisfy uncovered parking; and supported continued development of affordable housing and creative responses to address parking issues.

Mayor Salinas closed the public comment period at 8:28 p.m.

Discussion ensued among members of the City Council, City staff and Mr. Josh Pilachowski with DKS Associates, regarding: on-street parking taken away by residents pouring concrete over the grass area for parking; corner lot properties that have created driveways limiting onstreet parking; Transportation Demand Management (TDM) strategies; State law viewed parking requirements as inhibitors to housing developments; unbundling of parking; parking for motorcyclists and other two-wheeled vehicles; motorcycles are not included in TDM measures because they do not reduce vehicle miles traveled (VMT); Uber or Lyft as alternatives to get to BART which could generate more VMT; shuttle service and a mini shuttle system called FRAN (Free Rides Around the Neighborhood), subsidized through grants; multifamily housing developments that used lifts to accommodate additional parking; and the City’s ability to control zoning and parking regulations but not ownership of cars. Staff was commended for the community outreach related to the item.

The City Council was in general support of staff’s recommendations with some members making the following comments and recommendations: address issues with on-street parking taken away by residents cementing over the grass area for parking and creating makeshift curb cuts that limit street parking; consider findings and supportive data showing TDM, including bus passes and bike lockers, reduce people’s ownership of cars; would support developers paying into infrastructure, such as protected bike lanes; consider a Mission Boulevard shuttle for new developments in the area, or maybe a creation of a district to reduce dependability on cars; supported the creation of tandem parking in multifamily housing development in front of driveways and creating them long enough to accommodate additional parking; consider providing off-site parking that can be used by developments as their unbundled parking; provide statistics on unbundling parking; consider parking for motorcycles and other two-wheeled vehicles in high visibility locations and in covered spaces; explore options for getting people to BART rather than driving and paying for an all-day parking permit; prioritize last-mile trips in TDM measures; finding a solution to the housing and rental cost will help address off-street parking issues; consider, as a part of TDM and equitable measures, guaranteeing renters a parking spot that could be released in exchange for a bus pass or e-bike credit with oversight to ensure that savings is not kept by the property owner; explore shuttles near residential developments through grants to subsidize them and continue conversations about the feasibility and ridership for businesses in the industrial corridor; consider parking incentives connected to uses/amenities on the first floor of residential units; accommodate parking for ADUs to help resolve housing and multigenerational housing challenges; explore land or a partnership that could be identified for off-site parking; continue to improve the Ped and Bike Plan; have candid conversations with BART and AC Transit on how to improve ridership; have a menu of options tailored to proximity to public transportation to incentivize residents to not own as many vehicles and use public transportation; consider the option for individuals to rent their cars out as a part of a car sharing program; there are notable benefits to shuttle programs like FRAN; there was support for increasing use of TDM options and for them to come to fruition; note the need for coordination by the Hayward Police Department and Code Enforcement to approach homeowners in violation of regulations; consider a shuttle service connecting Chabot College, Southland Mall, downtown Hayward, and California State University East Bay with grant funds; and ensure checks and balances are in place while incentivizing not owning a car.

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members Andrews shared that there will be a Keep Hayward Clean and Green Task Force clean-up event at Rancho Arroyo Park on January 28, 2023.

Council Member Goldstein shared that the NAACP will be having its swearing-in ceremony of its officers in the City Hall Rotunda on January 28, 2023. 10 | J a n ua r y 24 , 2 0 2 3
Council Member Márquez congratulated her new colleagues on the Council and shared that she participated in a ride-along with the Hayward Police Department on January 21, 2023.

COUNCIL REFERRALS
There were none.

ADJOURNMENT
Mayor Salinas adjourned the special meeting at 9:23 p.m. in memory of former HPD/HFD employee Everett Veal and Dr. Doris Yates.

Mr. Everrett Veal was hired by the Hayward Police Department (HPD) in 1958 and retired in 1989, returned to HPD as Community Services Officer, joined the Hayward Fire Department (HFD) in 2007 to do the mail route, had a total of sixty years of service with the City of Hayward, and is remembered for having a very joyous and friendly personality. Mayor Salinas asked City staff to plant a tree in memory of Everett Veal.

Dr. Doris Yates served as a Personnel Commissioner; was a professor at CSUEB and a colleague of Mayor Salinas, was highly beloved by students and staff on campus, was engaged with the Hayward community working primarily with youth at the South Hayward Resource Center, was instrumental in writing a grant resulting in a tattoo removal program for youth transitioning from gangs and resetting their lives, and participated in many community events.

APPROVED
__________________________________________________________ Mark Salinas
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 23-034
DATE: February 7, 2023
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the Extension of the Council Homelessness-Housing Task Force for an Additional One-Year Period Through March 2024

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the extension of the Council Homelessness-Housing Task Force (HHTF) for an additional one-year period through March 2024.

SUMMARY
On January 29, 2019, the City Council authorized the formation of the HHTF for an initial two-year period starting March 2019 and ending March 2021 to help facilitate a more in-depth evaluation of options to address the current homelessness-housing crisis. On December 8, 2020, the City Council approved an extension of the HHTF for another two-year period to evaluate the effects of the COVID-19 pandemic on the affordable housing crisis and the disproportionate impacts of housing insecurity for communities of color in Hayward. As our community continues to recover, there remains a need to monitor the full effects of the pandemic on housing and homelessness. Therefore, staff recommends extending the HHTF for a one-year period and re-evaluating again at the end of that time if the HHTF is still needed.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 2/3/2023
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DATE: February 7, 2023
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the Extension of the Council HomelessnessHousing Task Force for an Additional One-Year Period Through March 2024

SUMMARY
On January 29, 20191, the City Council authorized the formation of the HHTF for an initial twoyear period starting March 2019 and ending March 2021 to help facilitate a more in-depth evaluation of options to address the current homelessness-housing crisis. On December 8, 20202, the City Council approved an extension of the HHTF for another two-year period to evaluate the effects of the COVID-19 pandemic on the affordable housing crisis and the disproportionate impacts of housing insecurity for communities of color in Hayward. As our community continues to recover, there remains a need to monitor the full effects of the pandemic on housing and homelessness. Therefore, staff recommends extending the HHTF for a one-year period and re-evaluating again at the end of that time if the HHTF is still needed.

BACKGROUND
Standing committees are comprised of three members of the City Council. Standing committees review, consider, and make recommendations on functional areas under their purview, subject to final approval by the full City Council. The City of Hayward’s standing committees also provide an opportunity for community issues to be heard and consideredby the City’s residents and stakeholders.

1 January 29, 2019 Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3846296&GUID=CA787A4B-E77D-4818-BC82- B022B6B4649D&Options=&Search=
2 December 8, 2020 Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4711809&GUID=0131C7CC-7CF2-4D08-B76D-6979B7979BEA

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Like many cities in the Bay Area, a rise in Hayward’s population absent a corresponding rise in housing units has contributed to soaring home prices and a lack of affordable housing for our most vulnerable populations. On November 13, 2018, the City Council requested that the City Manager evaluate the establishment of a standing Council Committee to focus on evaluating options to address the homelessness-housing crisis. The City Council approved the formation of the HHTF on January 29, 2019,for an initialtwo-year period fromMarch 2019 through March 2021. In 2020, the public health crisis due to the novel coronavirus (COVID-19) pandemic exacerbated the affordable housing crisis and heightened housing insecurity and disproportionately impacted communities of color, especially in Hayward. On December 8, 2020, the City Council approved the extension of the HHTF for another two-year period in order to monitor and evaluate the full effects of the pandemic and the impacts on housing and homelessness in the community.

DISCUSSION
Since its formation, the HHTF has met quarterly and convened three (3) additional special sessions to address the housing issues faced by City residents and stakeholders for a total of 18 meetings. In total, the HHTF has reviewed and provided recommendations on 28 agenda items that include issues of rent stabilization, housing production, homeownership, homelessness, affordable housing, and development and planning. Figure 1 below shows a breakdown of HHTF meeting agenda items by category.

Feedback from the HHTF has informed housing policies and plans for the City, including the following accomplishments:
 Evaluated tenant protection policies that led to the replacement of the Residential Rent Stabilization Ordinance with the Residential Rent Stabilization and Tenant Protection Ordinance;
4 1
6 2
5 1
9 0 1 2 3 4 5 6 7 8 9 10
Affordable Housing
Development & Planning
Homelessness
Homeownership
Housing Production
Informational Report
Rent Stabilization
HHTF Agenda Items by Category
Total

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 Provided feedback on the approach to prioritize the residents for the Hayward Housing Navigation Center that has informed the approach of housing homeless individuals during the COVID crisis;
 Reviewed a comprehensive incentives to housing production work plan to identify strategies to increase housing production;
 Reviewed a comprehensive report on programs and policies that promote homeownership to identify potential strategies to promote homeownership, which will inform future funding priorities for Inclusionary Housing Trust Funds;  Provided feedback on the Let’s House Hayward! Strategic Plan to create and implement a comprehensive strategic plan to respond to and reduce homelessness;  Reviewed the Density Bonus Ordinance update and provided feedback to bring City regulations in line with State law as well as ways to incentivize projects that target special needs populations like student housing, senior housing, housing for all through universal design, and housing for large households; and  Reviewed and provided comments on the Affordable Housing Ordinance (AHO) Feasibility Study preliminary findings and recommendations to better address the affordable housing needs of the community.

While the HHTF has made progress in advancing housing policies, California is still experiencing a housing crisis that was further exacerbated by the novel coronavirus (COVID19) pandemic. Shelter-in-place orders imposed during the pandemic to prevent the rapid spread of COVID-19 have led to economic hardship and increased housing instability for many households as businesses were forced to cut hours, cease operations, or close altogether leading to job losses across the country. As communities continue to recover from the economic impacts related to COVID-19, there continues to be a need for the HHTF to continue evaluating options to respond to the community’s housing needs. Staff recommends extending the committee and re-evaluating again at the end of the recommended one-year extension period.

ECONOMIC IMPACT
There is no immediate economic impact with the consideration of this report.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing in general.

FISCAL IMPACT
There is no initial fiscal impact with the consideration of this report. Although staff has been able to absorb the workload for staffing the HHTF and preparation of reports to date, staffing impacts will continue to be tracked and assessed over the next year to determine whether a fiscal or resource consideration may be necessary.

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PUBLIC CONTACT
On January 29, 2019, the Council reviewed and discussed staff’s recommendation to establish the HHTF. No public comments were received on this agenda item. Ongoing public participation in the HHTF meetings implies that there is community interest in participating in the HHTF to discuss homelessness and housing related items.

NEXT STEPS
If the Council agrees with the recommendations outlined in the staff report, staff will schedule meetings for calendar year 2023 and work with the appointed HHTF Councilmembers on future agenda items. Assistant City Manager Dustin Claussen will be the new Staff Liaison to the Council Homelessness-Housing Task Force.

Prepared by: Doris Tang, Management Analyst
Recommended by: Christina Morales, Housing Manager
Dustin Claussen, 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 EXTENSION OF THE COUNCIL

HOMLESSNESS-HOUSING TASK FORCE FOR AN ADDITIONAL ONE-YEAR PERIOD THROUGH MARCH 2024 AND APPOINTMENT OF COUNCIL

MEMBERS
WHEREAS, by Resolution No. 19-020, dated January 29, 2019, the City Council of the City of Hayward established the Homelessness-Housing Task Force for a two-year period beginning in March 2019 through March 2021 to help facilitate a more in-depth evaluation of options to address the current homelessness-housing crisis; and WHEREAS, by Resolution No. 20-219, dated December 8, 2020, the City Council of the City of Hayward approved an extension of the Homelessness-Housing Task Force for a twoyear period through March 2023 to continue to address homelessness and housing concerns in the City of Hayward; and
WHEREAS, the City Council hereby finds and determines that there continues to be a need for the Homelessness-Housing Task Force in the City of Hayward and desires to extend the Council Homelessness-Housing Task force for an additional one-year period through March 2024 and to continue to meet on a quarterly basis during this period.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward that the Council hereby authorizes the extension of the Council Homelessness-Housing Task Force for an additional one-year period and the Mayor will appoint three members from the Council to serve on the Task Force.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 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 23-063
DATE: February 7, 2023
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution to Temporarily Suspend Applicable Local Planning and Zoning Requirements for Homeless Shelters Located on Specified Private Property, and Determining that the Common Sense CEQA Exemption Applies

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) temporarily suspending applicable local planning and zoning requirements for existing homeless shelters located on specified private property.

SUMMARY
There is an ongoing homelessness crisis in Hayward and across the state. Hayward City Council has prioritized responding to this crisis through multiple policies and programs over the last several years, which have contributed to a reduction in homelessness in Hayward. However, continued efforts are required to maintain this response and continue to support the individuals and families at risk of and currently experiencing homelessness. This includes ensuring that existing shelter providers can continue to safely meet the demand for emergency shelter in Hayward. Existing shelters experienced increased demand for shelter services during the pandemic as health and safety precautions required reducing capacity and finding innovative ways to prevent the spread of COVID-19. Increased demand and continued health and safety precautions require more immediate efforts to support existing shelters as they serve individuals and families experiencing homelessness in Hayward.

As allowed by state law, Council used emergency shelter crisis declarations to increase the local shelter capacity on publicly owned land in 2018, 2019, and 2021. Under the shelter crisis declaration, provisions of any housing, health, habitability, planning and zoning procedures or laws are temporarily suspended for homeless shelters to the extent that strict compliance poses a hindrance to mitigating the shelter crisis. The law enables local jurisdictions to adopt interim health and safety standards that are consistent with ensuring minimal public health and safety standards. However, this State law only applies to shelters located on public property/facilities, which limits the flexibility existing non-profit and faithbased emergency shelter providers in Hayward have for maintaining or expanding their capacity.

Staff recommends that Council adopt a resolution temporarily suspending applicable local planning and CITY OF HAYWARD Page 1 of 2 Printed on 2/3/2023
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File #: CONS 23-063
Staff recommends that Council adopt a resolution temporarily suspending applicable local planning and zoning requirements for existing homeless shelters operated on non-public property. The City Council has the authority to temporarily suspend these requirements under its police power pursuant to Article XI, Section 7 of the California Constitution and authority over municipal affairs pursuant to Article XI, Section 5 of the California Constitution and Section 200 of the City Charter. Suspension of the requirements would not occur in instances where the health and safety of residents or the surrounding community are at risk and interim municipal health and safety provisions and land use controls mirroring those previously used for earlier shelter crisis declarations will be applied to facilities ensuring minimum public health and safety standards.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 2 of 2 Printed on 2/3/2023
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DATE: February 7, 2023
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution to Temporarily Suspend Applicable Local Planning and Zoning Requirements for Homeless Shelters Located on Specified Private Property, and Determining that the Common Sense CEQA Exemption Applies

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which limits the flexibility existing non-profit and faith-based emergency shelter providers in Hayward have for maintaining or expanding their capacity.

Staff recommends that Council adopt a resolution temporarily suspending applicable local planning and zoning requirements for existing homeless shelters operated on non-public property. The City Council has the authority to temporarily suspend these requirements under its police power pursuant to Article XI, Section 7 of the California Constitution and authority over municipal affairs pursuant to Article XI, Section 5 of the California Constitution and Section 200 of the City Charter. Suspension of the requirements would not occur in instances where the health and safety of residents or the surrounding community are at risk and interim municipal health and safety provisions and land use controls mirroring those previously used for earlier shelter crisis declarations will be applied to facilities ensuring minimum public health and safety standards.

BACKGROUND
There is an ongoing local and state-wide homelessness crisis, leading to a continued need for emergency shelters and services for individuals and families experiencing homelessness. Every two years, the US Department of Housing and Urban Development (HUD) requires communities to conduct a Point-in-Time (PIT) Count of individuals, youth, and families experiencing homelessness and provide accompanying data. The PIT count provides a “snapshot” of homelessness (both sheltered and unsheltered) in the community and nationally.

Alameda County held the most recent PIT Count on February 23, 2022, which was the first count since January 2019 due to the COVID-19 pandemic.

According to 2022 PIT Count data, there was a 22% increase in homelessness across Alameda County, with 9,747 total individuals experiencing homelessness in 2022 compared to 8,022 individuals in 2019. Unlike the Countywide trend, there was a 22% decrease in homelessness in Hayward, with 381 individuals experiencing homelessness in 2022 compared to 487 total individuals in 2019.
1 Over the past several years, Council has prioritized responding to the affordable housing and homelessness crisis in several ways:
 October 2018: Council adopted a resolution declaring a shelter crisis in Hayward in 2018. At the time, there were only 63 shelter beds in Hayward, with over 300 individuals experiencing unsheltered homelessness.2 Council extended the shelter crisis

1 For a detailed discussion of the PIT Count findings and methodology, see the staff report from the June 28, 2022, Council meeting: https://hayward.legistar.com/LegislationDetail.aspx?ID=5709698&GUID=55CE1563-86DB4F2F-8D3E-F5ADBBB68E84&Options=&Search= 2 October 2, 2018, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3690554&GUID=A8DF0FBF-2F19-4648-8632- 2BFE62A97107&Options=&Search=

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declaration in 2019 for implementation of the Housing Navigation Center and again in 2021 to allow construction of an emergency shelter for transitional-age youth.3, 4  January 2020: Council adopted the Strategic Roadmap. The Strategic Roadmap’s Preserve, Protect, and Produce Housing for All priority area includes implementing a homelessness reduction strategic plan, as well as projects related to incentivizing housing production for all.5
 March 2020: Council adopted the Workplan to Incentivize Housing Production, which included a mid-term strategy of expanding locations where emergency shelters are allowed as a permitted use with a conditional or other discretionary use permit.6  July 2021: Council adopted the Let’s House Hayward! (LHH) Strategic Plan, which highlighted the need for additional emergency shelters in the City and included strategies for expanding housing-focused shelter capacity and developing crisis response services to protect the dignity and health of unsheltered individuals and families in Hayward.7
 2023 Housing Element Activities: The Housing Element is an Element of the Hayward 2040 General Plan and must be updated every eight years in accordance with State Law.

In 2021, the City initiated the 2023-2031 Housing Element that contains statutorily required sections to identify housing needs with an emphasis on special needs groups; to identify constraints to housing; and, to develop a set of actions to minimize and remove those constraints to the extent feasible. The 2023-2031 Housing Element contains specific Goals, Programs, Policies, and Actions to support housing opportunities for special needs groups, which include individuals experiencing homelessness (Program H-13: Variety of Housing Types).

Measuring change in the homeless census based on a single count is imprecise and cannot be solely attributed nor credited to local actions. However, it is evident that the City of Hayward has taken several measured actions to address this crisis, including supporting the development of new programs and policies. Continued support of these programs and policies is necessary for preventing and responding to the homelessness and affordable housing crisis.

3 January 22, 2019, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3838800&GUID=89EC3945-8050-428A-881C6180A91CBA9A&Options=&Search= 4 February 23, 2021, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4803667&GUID=7C811874-F8C6-4590-9385- 736AD8D65638&Options=&Search=
5 April 26, 2022, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5565349&GUID=459912E5-E1C0-4580-BE80- 3DFEFBC33C72&Options=&Search=
6 March 3, 2020, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4345462&GUID=5E3353DD-0839-4361-AED3- B7EB4102CBE3&Options=ID%7CText%7C&Search=Housing+Production 7 July 13, 2021, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E-B317- E2797DF45328&Options=&Search=

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DISCUSSION
As discussed in local and regional plans to respond to and prevent homelessness, emergency shelters are a key component in the homelessness response system. 8 In Hayward, shelters
operated by local non-profit and faith-based providers on privately owned property are vital in addressing the City’s emergency shelter needs, as described in the LHH Strategic Plan’s needs assessment.

There are currently only four year-round homeless shelters in Hayward, including the City’s Navigation Center that was made possible through the Council’s shelter crisis declaration.

Existing shelter providers experienced increased demand for shelter services during the pandemic as health and safety precautions required reducing capacity and finding innovative ways to prevent the spread of COVID-19.

Increased demand for emergency shelter coupled with the need to ensure basic health and safety means that more immediate efforts are required to support existing emergency shelters.

This includes providing additional flexibility to allow them to safely expand their capacity in line with Council’s strategic goals and within continued constraints of COVID-19, as well as best practices learned during the pandemic.

Existing local planning and zoning requirements can create burdensome obstacles for the operation of shelters on private property. Existing State law has a model for allowing flexibility on publicly owned land. Specifically, California Government Code Section 8698, et seq., allows cities to declare a shelter crisis, which the City has previously leveraged. During the existence of a shelter crisis, provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws are temporarily suspended for homeless shelters to the extent that strict compliance poses a hindrance to mitigating the shelter crisis. In lieu of the temporarily suspended regulations, local jurisdictions adopt interim health and safety standards that are consistent with ensuring minimal public health and safety standards.

However, this State law only applies to shelters located on public property/facilities, which limits the flexibility existing non-profit and faith-based emergency shelter providers in Hayward have for maintaining or expanding their capacity.

To implement Council’s policy direction to support existing emergency shelter operators as they continue to respond to the growing homelessness crisis and pandemic-related constraints, staff recommends Council adopt a resolution temporarily suspending applicable local planning and zoning requirements for shelters on private property. The City Council has the authority to temporarily suspend these requirements pursuant to its police power under Article XI, Section 7 of the California Constitution and authority over municipal affairs pursuant to Article XI, Section 5 of the California Constitution and Section 200 of the City Charter. Temporary suspension of these will not occur in instances where the health and safety of residents or the surrounding community are at risk. At the City Manager’s discretion and with approval by the City Council, interim municipal health and safety provisions and land use controls mirroring

8 For more information on regional plans to respond to and prevent homelessness, visit https://homelessness.acgov.org/reports.page and https://www.allhomeca.org/

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those previously used for earlier shelter crisis declarations will be applied to facilities ensuring minimum public health and safety standards.

This temporary suspension of regulations would allow existing shelters to continue to operate safely while City staff initiates Zoning Text Amendments outlined in the Housing Element.

Specifically, Program H-13, Variety of Housing Types, covers these topics and contains Actions

13.1 through 13.7 to allow innovative and alternative housing options with wraparound services on land owned by the City, churches, and non-profits; to develop objective standards for such uses; and to expand the opportunities for group housing and housing for individuals with disabilities and those experiencing homelessness. Based on the Draft Housing Element timeframes, Zoning Text Amendments related to these housing types would be accomplished by January 2025.

Staff recommends that this temporary suspension remain in place until December 31, 2026, during which time staff will work with community stakeholders to develop permanent local regulations to meet Council’s strategic goals as described in the Strategic Roadmap, Incentives to Housing Production Workplan, and LHH Strategic Plan.

Adoption of this resolution is subject to the “common sense” exemption contained in Section 15061 of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. However, construction of new individual shelters will still require CEQA review.

ECONOMIC IMPACT
Temporarily suspending certain planning and zoning requirements can allow existing local shelters that operate on private land to continue serving individuals and families experiencing homelessness. This has a positive economic impact by helping to lower the unsheltered population in Hayward, reducing the economic strain on emergency and maintenance services.

It can also have a positive economic impact on local businesses in the Downtown and other commercial areas of Hayward through continuing to provide services to the unsheltered population and reducing homelessness.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing.

Specifically, this item relates to the implementation of the following projects:
 Project H2: Implement Let’s House Hayward: the Homelessness Reduction Strategic Plan
 Project H4: Implement housing incentives and production work plan in accordance to state housing limits

FISCAL IMPACT
This item is an administrative action with no fiscal impact to the City’s General Fund.

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PUBLIC CONTACT
Each of the strategic documents referenced in the Background section of this report had extensive public contact, including focus groups, interviews, and public hearings. Staff will do additional public outreach over the next several months as part of the development of a permanent resolution to meet Council’s strategic goals for increasing emergency shelter capacity for the City of Hayward.

NEXT STEPS
This Resolution addresses urgent needs of existing emergency shelter providers to continue operating. Following the adoption of this emergency resolution and adoption of the 2023-2031 Housing Element, City staff will initiate Zoning Text Amendments as outlined in Program H-13 of the Housing Element. Program H-13 contains Actions 13.1 through 13.7, which do the following: allow innovative and alternative housing options with wraparound services on land owned by the City, churches, and non-profits; develop objective standards for such uses; and expand the opportunities for group housing and housing for individuals with disabilities and those experiencing homelessness.

Prepared by: Amy Cole-Bloom, Management Analyst; Leigha Schmidt, Principal Planner; and Taylor Richard, Assistant Planner
Recommended by: Jessica Lobedan, Community Services Division Manager; Sara Buizer, Acting Development Services Director; Michael Vigilia, Senior Assistant City Attorney
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23-_______
Introduced by Council Member ________________

RESOLUTION TO TEMPORARILY SUSPEND APPLICABLE LOCAL PLANNING

AND ZONING REQUIREMENTS FOR EXISTING HOMELESS SHELTERS

LOCATED ON SPECIFIED PRIVATE PROPERTY
WHEREAS, the City of Hayward is experiencing a housing emergency and the City Council of the City of Hayward unanimously passed Resolution No. 18-207, declaring that a Shelter Crisis, pursuant to Government Code § 8698.2, exists in the City of Hayward; and WHEREAS, the Council extended Resolution No. 18-207 two times in response to the ongoing shelter crisis (Resolution No. 19-014 and Resolution No. 21-026); and WHEREAS, according to the 2022 Everyone Home Point-in-Time homeless count, there are 381 homeless individuals in Hayward, of whom 70% (267) are unsheltered; and WHEREAS, the current number of homeless individuals in Hayward far exceeds the number of existing shelter beds, transitional housing or permanent supportive housing units available; and
WHEREAS, unauthorized homelessness encampments are increasing across parts of Hayward within the public right of way, thus exposing homeless individuals to traffic, hazards, crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety; and
WHEREAS, the shelter crisis is not unique to Hayward, but is evident throughout the Bay Area, California, and the United States, causing other municipalities such as Berkeley, Los Angeles, Portland, Oregon, and Seattle, Washington to also take more immediate actions to address these conditions; and
WHEREAS, Council adopted Resolution 20-032 approving the Workplan to Incentivize Housing Production in the City of Hayward, which included a mid-term strategy of expanding locations where emergency shelters are allowed as a permitted use with a conditional or other discretionary use permit; and
WHEREAS, Council adopted Resolution 21-138 approving and adopting the Let’s House Hayward! Strategic Plan to reduce homelessness, which highlighted the need for additional emergency shelters in the City and included strategies for expanding housing-

ATTACHMENT II

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focused shelter capacity and developing crisis response services to protect the dignity and health of unsheltered individuals and families in Hayward; and WHEREAS, the Draft 2023-2031 Housing Element contains specified Actions to amend the Zoning Ordinance by January 2025 to allow innovative and alternative housing options with wraparound services on land owned by the City, churches, and non-profits; to develop objective standards for such uses; and to expand the opportunities for group housing and housing for individuals with disabilities and those experiencing homelessness; and
WHEREAS, given the extent of the shelter crisis, Council finds that more immediate and expeditious efforts are necessary to develop additional shelter solutions that are safe and meet basic habitability standards and that flexibility and broad-based approaches are essential to increase capacity; and
WHEREAS, California Government Code Section 8698, et seq., which allows the governing body of a city to declare a shelter crisis, only applies to shelters located on public property/facilities; and
WHEREAS, shelters operated by private organizations located on private property serve an important role in addressing the existing shelter crisis; and WHEREAS, strict compliance with existing local planning and zoning requirements create obstacles to operation of shelters on private property owned or controlled by private organizations such as faith-based and non-profit organizations; and WHEREAS, the City of Hayward, pursuant to Section 200 of the City Charter and Article XI, Section 5 of the California Constitution, may make and enforce all laws and regulations in respect to municipal affairs; and
WHEREAS, the City of Hayward, pursuant to Article XI, Section 7 of the California Constitution may exercise its police powers to make and enforce ordinances and regulations to promote the public health, safety, and welfare; and WHEREAS, the purpose of this Resolution is to temporarily suspend enforcement of local planning and zoning requirements to the extent that strict compliance with such requirements would otherwise prevent operation of shelters on private property; and WHEREAS, during the effective period of this Resolution, the City Manager, with approval by the City Council, may establish interim municipal health and safety provisions and land use controls may be applied to facilities ensuring minimum public health and safety standards; and
WHEREAS, during the effective period of this Resolution, City staff will develop permanent local regulations addressing operation of homeless shelters on private property, which will be presented to Council for review and approval.

ATTACHMENT II

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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council:

1. Finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Resolution; and

2. Determines that this Resolution shall remain in place until December 31, 2026; and

3. Finds that a significant number of persons in Hayward are without the ability to obtain shelter, and that this situation has resulted in a threat to the health and safety of these persons, for the reasons set forth above; and

4. Declares, for the term of this Resolution, that planning or zoning requirements for existing emergency shelters for the homeless on private property areare suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. At the City Manager’s discretion and with approval by the City Council, interim municipal health and safety provisions and land use controls may be applied to facilities ensuring minimum public health and safety standards. These interim standards shall only apply to existing homeless shelters on private property.

5. Declares that existing providers of homeless housing that apply the authority provided for under this resolution shall be reviewed and approved by the City Council prior to implementation, and shall include detailed plans for the project and the standards and requirements being applied to the facility and its operation; and

6. Finds that if this Resolution is inconsistent with any other provisions of the Hayward Municipal Code, this Resolution shall apply. This Resolution suspends contrary regulations in the Hayward Municipal Code or requirements of the General Plan or implementing regulations; and

7. Declares that this Resolution is enacted pursuant to the City of Hayward's general police powers, authority over municipal affairs contained in the City Charter, and Article XI, Sections 5 and 7 of the California Constitution, as well as the other provisions of state and local law otherwise cited herein; and

8. Finds that if any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Resolution and each section, subsection, clause, or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

ATTACHMENT II

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9. Finds that adoption of this resolution is subject to the “common sense” exemption contained in section 15061 of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

IN COUNCIL, HAYWARD, CALIFORNIA ______________________, 2023 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 23-069
DATE: February 7, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions (1) Authorizing the City Manager to Execute the Amendment to the Project Funding Agreement with Alameda County Transportation Commission and Accept and Appropriate an Additional $1,662,000 and (2) Approving Plans and Specifications and Call for Bids for the Re-Bid of the Mission Boulevard Corridor Improvements Phase 3 Project, No. 05287

RECOMMENDATION
That Council adopts the attached resolutions (Attachments II and III) to:

1. Authorize the City Manager to execute the amendment to the Project Funding Agreement (PFA) with Alameda County Transportation Commission (ACTC) and accept and appropriate $1,662,000 in Measure BB grant funds;

2. Approve the plans and specifications for re-bidding of the Mission Boulevard Corridor Improvements Phase 3 Project and calls for bids to be received on March 14, 2023.

SUMMARY
Construction of Phase 1 of the Mission Boulevard Corridor Improvement Project from A Street to Industrial Parkway and Foothill Boulevard from Mission Boulevard to Apple Avenue was completed in January 2014. Construction of Phase 2 of the project from Industrial Parkway to the south City limit at Blanche Street was completed in March 2021. Phase 3 of the project, from A Street to the north City limit at Rose Street is the last phase of the project to be constructed. On March 5, 2021, the Phase 3 project was advertised for construction bids; however, due to high bids received, all bids were rejected. The plans and specifications were revised to incorporate bidder questions and to include bid alternatives. Staff is requesting that Council authorize calling for construction bids to be received on March 14, 2023.

ATTACHMENTS
Attachment I Staff Report
Attachment II Funding Agreement Resolution
Attachment III Calling for Bids Resolution
CITY OF HAYWARD Page 1 of 2 Printed on 2/3/2023
powered by Legistar™
File #: CONS 23-069
CITY OF HAYWARD Page 2 of 2 Printed on 2/3/2023
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DATE: February 7, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolutions (1) Authorizing the City Manager to Execute the Amendment to the Project Funding Agreement with Alameda County Transportation Commission and Accept and Appropriate an Additional $1,662,000 and (2) Approving Plans and Specifications and Call for Bids for the Re-Bid of the Mission Boulevard Corridor Improvements Phase 3 Project, No. 05287

RECOMMENDATION
That Council adopts the attached resolutions (Attachments II and III) to:

2. Approve the plans and specifications for re-bidding of the Mission Boulevard Corridor Improvements Phase 3 Project and calls for bids to be received on March 14, 2023.

BACKGROUND
Below is a list of major milestones for the Mission Boulevard Corridor Improvement project:
 November 2007: Council approved Phase 1 of the Route 238 Corridor Improvement Project, which covered roadway and street improvements on Mission Boulevard (from A Street to Industrial Parkway) and Foothill Boulevard (from Mission Boulevard to Apple Avenue) and certified the Final Environmental Impact Report (FEIR) for the project.

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Subsequently, Caltrans relinquished portions of State Routes 92, 185 and 238 to the City within the Phase 1 project limits.
 May 2010: Local Area Transportation Improvement Program (LATIP) funds totaling $30M were approved by the California Transportation Commission (CTC) for use on the project.  August 2010: Construction of the Phase 1 project began.  August 2013: CTC allocated $8.1M of the total $30M for the Route 238 Phase 1 expenses.  January 2014: Construction of the Phase 1 project was completed.  August 2014: CTC allocated $2M of the total $30M for the design of Phases 2 and 3.  August 2017: Alameda County Transportation Commission (ACTC) obligated $21.5M in Measure BB funds; $10.6M for Phase 2 construction and $10.9M for Phase 3 construction.  October 2017: CTC allocated $19.9M of the total $30M for the construction of Phase 2.  September 20171: Council approved plans and specifications and call for bids for the Phase 2 project.
 March 2018: Construction of the Phase 2 project began.  July 2020: Council approved plans and specifications and call for bids for the Phase 3 project when the utility companies provided their final drawings for undergrounding of the overhead utilities and property owners provided the temporary construction easements.
 September 2020: Completion of Phase 2 construction.
 January 26, 20212: Council approved amendment to the Professional Services Agreement with Mark Thomas & Company for additional design services related to late design changes and to complete the bid documents.
 March 5, 2021: Call for bids.
 June 1, 2021: Council adopted a resolution rejecting all bids, approving revision of plans and specifications, and calling for bids to be received on September 14, 2021.

DISCUSSION
On March 5, 2021, staff advertised the project for construction bids. On April 6, 2021, two (2) bids were received; one from Ghilotti Construction Company, Inc., in the amount of $12,833,938 and the second from DeSilva Gates Construction in the amount of $14,014,014.

The engineer’s estimate was $10,127,039. Due to the high bids received and funding shortfall, staff requested that Council rejects all bids. On June 1, 2021, Council adopted a resolution rejecting all bids, approving a revision of plans and specifications, and calling for bids to be received on September 14, 2021. Since the rejection of bids, staff submitted applications for three grants, including the RAISE Grants. Unfortunately, after a months-long process, this project was not selected to receive grant funding.

Currently, the plans and specifications for re-bid have been revised to address bidder questions from the March 5, 2021 call for bids. The plans and specifications were also revised to reduce and/or remove features like pavers, trench drains, color concrete, and cold-in place recycling pavement construction and include them as bid alternates. Should the cost of the bid alternates be within the project budget, the features will be included in the construction

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=3155405&GUID=84D3F0E9-A9CC-4564-B154-821017A671BA&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4762237&GUID=87482B42-E3E7-442E-8850-E45F1886EB47&Options=&Search=

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contract.

The project is partially funded through a PFA with ACTC. Currently, the PFA is a total of $21.5M in Measure BB funds: $10.6M for Phase 2 construction and $10.9M for Phase 3 construction. Phase 2 is complete with about $0.825M in savings. These savings will be transferred to Phase 3 and are eligible for reimbursement. The City, ACTC, and MTC agreed to increase the existing PFA by $1,662,000 from the Winton Avenue Complete Streets Project to support construction of Phase 3, for a total of $23.2M. The Winton Avenue Complete Streets Project was funded by the One Bay Area Grant 2 funding that is not proceeding due to the Regional I-880 Interchange Improvement Project that would conflict with improvements on Winton Avenue. The increase in funding requires an amendment to the PFA.

Staff recommends authorizing the City Manager to execute an amendment to the original PFA, and accepting and appropriating the additional Measure BB grant funds to the project. Staff is also requesting that Council authorize the call for construction bids to be received by March 14, 2023.

ECONOMIC IMPACT
Since a portion of this project is funded by Measure BB, this project is required to meet Local Business Contracting Equity (LBCE) Program goals. The participation goals are 60% for Local Business Enterprise (LBE) and 20% for Small Local Business Enterprise (SLBE) pursuant to the Alameda CTC Local LBCE Program. In addition to the LBCE goals, the City’s Community Workforce Agreement (CWA) is a requirement of the contract since the engineer’s estimate is over $1,000,000.

This project will contribute to the economic vitality of the region since this project is required to meet the LBCE goals. Additionally, completion of Phase 3 improvements which includes a raised bike lane adjacent to the sidewalk, from Rose Street to A Street, would result in a complete street, and positive economic benefits for businesses along the Mission Boulevard Corridor.

FISCAL IMPACT
The estimated project costs for Phase 3 are as follows:

Estimated Cost
Design $1,800,000
Construction $13,200,000
Construction Contingency (ACO) $1,320,000
Estimated Contracts for Undergrounding $1,800,000
Construction Admin, Inspection, Testing $1,500,000
Phase 3 Project Total $19,620,000
The Adopted FY23 CIP Budget has appropriated a total of $21.2M for all three phases of this project. Of this amount, $11.7M is currently eligible for reimbursement through the existing PFA with ACTC. Under the amended PFA, an increase of $1,662,000 in Measure BB grant funding will be accepted and appropriated to the Project.

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STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following project:

Project N7: Improve Mission Blvd as a key “Gateway to the City” Project N7C: Complete design of Mission Boulevard Phase 3 and construction

SUSTAINABILITY FEATURES
This project incorporates sustainability features as they relate to water, energy, and the environment. Additionally, improvements such as the cycle track bike lane and sidewalk will promote health through physical activity.

PUBLIC CONTACT
Community meetings were held on October 12, 2016, July 12, 2018, and February 20, 2019, at City Hall. Updates to the project with emphasis on the cycle track were provided during the last community meeting.

NEXT STEPS
The following is the tentative schedule:

Call for Bids February 10, 2023
Open Bids March 14, 2023
Award Construction Contract April 18, 2023
Begin Construction Mid-May 2023
Complete Construction Summer 2024
If Council approves, staff will route the PFA to be executed by ACTC and the City Manager. Staff will accept and appropriate the $1,662,000 in additional Measure BB grant funding to the project.

Additionally, staff will advertise the project on February 10, 2023, and calls for bids to be received on March 14, 2023.

Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
__________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 2 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member ______________

RESOLUTION OF THE CITY OF HAYWARD AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AMENDMENT TO THE PROJECT FUNDING

AGREEMENT WITH ALAMEDA COUNTY TRANSPORTATION COMMISSION AND TO ACCEPT AND APPROPRIATE $1,662,000 IN GRANT FUNDS FOR MISSION BOULEVARD CORRIDOR IMPROVEMENT PROJECT PHASE 3, PROJECT NO. 05287
WHEREAS, on December 3, 2018, the City entered into a Project Funding Agreement (PFA) with Alameda County Transportation Commission (ACTC) for $21.5M in Measure BB funding to support Mission Boulevard Corridor Improvement Projects Phase 2 and 3; and WHEREAS, the City, received $1,662,000 in One Bay Area Grant 2 funding for the Winton Avenue Complete Streets Project which is not proceeding due to the conflict with the Regional I-880 Interchange Improvement Project; and
WHEREAS, the City, ACTC, and the Metropolitan Transportation Commission (MTC) has agreed to increase the PFA by $1,662,000 to continue the construction of Phase 3.

NOW, THEREFORE, BE IT RESOLVED that the City of Hayward’s City Council hereby finds and determines as follows that the City Manager is hereby authorized to execute an amendment to the PFA with ACTC and accept and appropriate $1,662,000 in Measure BB funds to the Mission Boulevard Corridor Improvement Project, Project No. 05287, in a form approved by the City Attorney.

ATTACHMENT II

Page 2 of 2 ends

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 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. 23-_____
Introduced by Council Member ________________
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE REBID OF MISSION BOULEVARD CORRIDOR IMPROVEMENTS PHASE 3 PROJECT, PROJECT NO. 05287 AND CALL FOR BIDS
BE IT RESOLVED by the City Council of the City of Hayward as follows:

WHEREAS, those certain plans and specifications for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287 on file in the office of the City Clerk, are hereby adopted as the plans and specifications for the project; and WHEREAS, the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law; and WHEREAS, sealed bids therefor will be received by the City Clerk’s office at City Hall, 777 B Street, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, March 14, 2023, and immediately thereafter publicly opened and declared by the City Clerk in the Rotunda, located on the 1st Floor of City Hall, Hayward, California.

NOW, THEREFORE, BE IT RESOLVED, that the City Council will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of same.

DRAFT

ATTACHMENT III

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 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 23-072
DATE: February 7, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Garbage and Recycling Rates for 2023-2024

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the recommended garbage and recycling annual rate increase of 13.18% for all residential and commercial accounts effective March 1, 2023.

SUMMARY
A new Franchise Agreement between the City and Waste Management of Alameda County (WMAC), approved by Council in June 2022, will become effective on March 1, 2023, and will retain the same annual rate adjustment date of March 1. The new Agreement includes a negotiated increase of 7.88% to cover the costs of providing several service enhancements in the new contract. These include changes mandated by State Senate Bill 1383 (SB 1383), new public litter cans, and purchase of new trucks for residential recycling provider Tri-CED.

The Agreement also continues to allow the rates for Rate Year One (RY1) to be adjusted according to a Consumer Price Index (CPI) calculation based on WMAC’s current revenues. The CPI portion may not exceed 6% for a total maximum increase of 13.88%. Based on calculations as set forth in the Agreement, WMAC and City staff determined the rate adjustment effective March 1, 2023, is 13.18%, including 7.88% for service enhancements and 5.30% for CPI.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Comparison of Monthly Garbage & Recycling Rates CITY OF HAYWARD Page 1 of 1 Printed on 2/3/2023
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DATE: February 7, 2023
TO: Mayor and City Council

FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving Garbage and Recycling Rates for 2023-2024

SUMMARY
A new Franchise Agreement between the City and Waste Management of Alameda County (WMAC), approved by Council in June 20221, will become effective on March 1, 2023, and will retain the same annual rate adjustment date of March 1. The new Agreement includes a negotiated increase of 7.88% to cover the costs of providing several service enhancements in the new contract. These include changes mandated by State Senate Bill 1383 (SB 1383), new public litter cans, and purchase of new trucks for residential recycling provider TriCED.

The Agreement also continues to allow the rates for Rate Year One (RY1) to be adjusted according to a Consumer Price Index (CPI) calculation based on WMAC’s current revenues.

The CPI portion may not exceed 6% for a total maximum increase of 13.88%. Based on calculations as set forth in the Agreement, WMAC and City staff determined the rate adjustment effective March 1, 2023, is 13.18%, including 7.88% for service enhancements and 5.30% for CPI.

BACKGROUND
WMAC has been the City’s solid waste and recycling services franchisee since at least the mid-1970s and has, in the past thirty years, subcontracted with Tri-CED Community Recycling for residential recycling services. The City’s current Agreement with WMAC was approved by Council on January 20, 20152 for a term of up to ten years (seven years and

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5709695&GUID=E5867537-1E85-495D-95E4- BB7A6B590715&Options=&Search=
2 https://hayward.legistar.com/MeetingDetail.aspx?ID=454157&GUID=005B0B35-316D-4C65-AE50- F4E9F752AF38&Options=&Search=

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three possible one-year extensions). On January 18, 20223, Council approved a one-year extension to the current Agreement to expire on February 28, 2023. Table 1 lists the approved rate adjustments in the current Agreement and actual rate adjustments that have occurred during the current Agreement.

Table 1. Rate Adjustments for Current Agreement (2015 – 2023)

Rate
Year
Effective
Date Approved Rate Adjustments Actual Rate
Adjustments
1 3/1/2015 Up to 10% 9.23%4
2 3/1/2016 3% 3.00%
3 3/1/2017 3% 3.00%
4 3/1/2018 Up to 10%, for WMAC to earn after-tax ROI of

5.5%

5.00%
5 3/1/2019 CPI (min. 3%, max. 6%)5 2.61%
6 3/1/2020 CPI (min. 3%, max. 6%) 3.19%
7 3/1/2021 CPI (min. 3%, max. 6%) 2.84%
8 3/1/2022 CPI (min. 3%, max. 6%) 2.85%

DISCUSSION
On June 28, 20226, Council authorized a new agreement with WMAC to provide solid waste services with a commencement date of March 1, 2023, in order to enhance services provided to City ratepayers, to meet the goals and requirements of SB 1383, and other state-mandated solid waste regulations. Council approved a maximum initial rate increase of no more than 13.88%, which included a base rate adjustment of 7.88% and a consumer price index (CPI) portion of up to 6% (see detail in Table 2).

The incremental cost increases listed in Table 2 for WMAC include SB1383-required trash carts, SB1383-required compost procurement, new public liter cans and servicing of the cans as well as increases to organics processing costs. The incremental cost increases listed in Table 2 for Tri-CED include new collection trucks, SB1383-required recycling carts, and increases to recycling processing costs.

Table 2. Initial Rate Adjustment
Initial Rate Adjustment

3.72% WMAC incremental cost increases

3.67% Tri-CED incremental cost increases

3 https://hayward.legistar.com/LegislationDetail.aspx?ID=5382579&GUID=C1A9EF92-809E-4109-9D94- B44070621B45&Options=&Search=
4 In 2015, the rate for single-family residential customers increased by 9.23%. The adjustment for multi-family customers varied depending on container sizes but ranged from 8.5 to 10%. The adjustment for commercial customers also included a new recycling rate, so the total adjustment varied, but a typical increase was approximately 13%. 5 The formula used for adjustments based on the Consumer Price Index (CPI) takes into account fees assessed by the State, County, and City, and projected revenues for WMAC. Therefore, some final increases were less than 3%. 6 https://hayward.legistar.com/LegislationDetail.aspx?ID=5709695&GUID=E5867537-1E85-495D-95E4- BB7A6B590715&Options=&Search=

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7.39% Subtotal for cost increases

0.88%
Options recommended by staff (additional compost
procurement and public litter cans)

8.27% Subtotal with Options
-0.39% Savings from closing Main Street office permanently

7.88% Total Adjustment for Negotiated Services

6.00% CPI (Minimum possible 3%, Maximum possible 6%)

13.88% Maximum Total Possible Rate Increase
Staff received WMAC’s rate application for RY1 in December 2022 and performed a detailed review of WMAC’s application, ensured all calculations were consistent with the procedures outlined in the Franchise Agreement, and confirmed the validity of the proposal. After calculations that adjust for fees assessed by the State, County, and City, and for WMAC’s projected revenues for the current rate year, the resulting increase to be effective on March 1, 2023, is 13.18%.

A new program approved as part of the new Franchise Agreement is the implementation of surcharges for significantly overfilled or contaminated containers. The system will use cameras mounted on the trucks to view material to detect contamination or identify an overfilled container. The goal of the program is to reduce litter from overfilled containers and to increase recycling by reducing contamination. The program will start March 1, 2023; however, WMAC and City staff will prepare Hayward businesses and residents for this new program by implementing a “soft launch” for the first four months (March through June).

The soft launch will include an introductory mailer that explains the program as well as notification letters sent to customers who overfilled their container or placed the wrong material in a container. The letters will alert customers that they could be charged a fee in July, and also educate customers on how to sort properly and how to avoid overfilling containers. Beginning July 1, 2023, customers will receive two additional warnings before the fees may be charged. The contamination fee for a cart will be $25 and the overage fee for a cart will be $10 per occurrence. Fees for bins will be $75 per occurrence.

The truck-mounted cameras used as part of the overage and contamination program will also be used to monitor public trash cans allowing the City to ensure the cans are serviced at the frequency required by the new agreement.

ECONOMIC IMPACT
If approved, residents and businesses would pay 13.18% more for refuse and recycling services for the period of March 1, 2023, through February 28, 2024. With the increase, the new monthly service charge for residential customers with the standard 32-gallon cart for garbage service would be $42.63, or $4.96 higher than the existing rate. For residents subscribing to the smaller 20-gallon cart, which has been maintained under the new contract, the new service charge would be $29.17, or $3.40 higher than the existing rate. A comparison of rates with several nearby communities is included as Attachment III.

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The low-income rate assistance program will also remain part of the agreement and is about 25% less than the rate for the 32-gallon cart, the most common-sized garbage cart. In addition, staff negotiated a reduced cost of recycling bins for multi-family dwellings and negotiated for a new battery collection service for multi-family properties as it is currently only available to single-family properties.

FISCAL IMPACT
With the proposed increase, which includes various fees, it is projected that City revenues related to this agreement will increase by approximately $1.3 million annually.

STRATEGIC ROADMAP
This agenda item does not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap. However, the franchise fees collected by the City include a Street Sweeping Fee, which supports the City’s street sweeping operations and helps to address Infrastructure Project 17: Meet regulatory requirements for zero trash in stormwater by installing trash capture devices.

In addition, the new Franchise Agreement supports the following projects:

Confront Climate Crisis and Champion Environmental Justice:

Project C12 Conduct outreach regarding AB1276 - single-use disposables Project C13 Explore funding opportunities to increase the circular food economy in Hayward as part of the Alameda County All in Eats Initiative Support Quality of Life:

Project Q17 Implement targeted illegal dumping prevention program Project Q17b Pilot programs and analysis
Project Q17c Roll out permanent program

SUSTAINABILITY FEATURES
The rate increase will allow the City, WMAC, and Tri-CED to continue to provide Hayward residents and businesses with recycling and composting services, so they can maximize the diversion of waste from the landfill. Solid waste management involves the safe and responsible management of discarded material from generation through processing to disposal. Reducing waste landfilled by maximizing the reuse, recycling, and composting of materials increases diversion, conserves natural resources, and plays an important role in making a community sustainable.

PUBLIC CONTACT
In accordance with the requirements of Proposition 218, on May 13, 2022, a notice was prepared and mailed to all property owners and ratepayers in Hayward. The Notice advertised the public hearing held on June 28, 2022, and stated that the initial rate increase, effective March 1, 2023, would not exceed 14.27%. The Notice also advised of the

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rate adjustments that may occur throughout the life of the contract. The approved adjustments for the remainder of the contract are listed in Table 3.

Table 3. Future Rate Adjustments
Rate
Year Future Rate Adjustments
2 – 4 CPI (min. 3%, max. 6%)
5 Up to 10%, for WMAC to earn after-tax ROI of 5.5%
6 – 10 CPI (min. 3%, max. 6%)

NEXT STEPS
If approved by Council, the rate increase would be effective on March 1, 2023. Staff will work with WMAC to implement the new rates and advise customers. A brief statement regarding the fee increase will be included as a bill insert and printed on the customer’s garbage bills. In addition, a special mailer introducing the new program for overages and contamination surcharges will be sent to all customers in March of 2023.

Prepared by: Jeff Krump, Solid Waste Program Manager
Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23-______
Introduced by Council Member ________________

RESOLUTION APPROVING THE GARBAGE & RECYCLING RATE
ADJUSTMENT FOR 2023-2024
WHEREAS, a new the Franchise Agreement between the City of Hayward and Waste Management of Alameda County (WMAC) will become effective on March 1, 2023; and WHEREAS, garbage and recycling rates typically increase on March 1 of each year and Rate Year One of the Franchise Agreement will commence on March 1, 2023; and WHEREAS, the Franchise Agreement dictates that the rates for Rate Year One shall be set based on a negotiated increase of 7.88% as well as a Consumer Price Index (CPI) adjustment to WMAC’s projected Rate Year Eight revenues, which is calculated by using several factors including the CPI, government fees, and others; and WHEREAS, the City completed the necessary review of WMAC’s rate application; and WHEREAS, calculations based on the methodology specified in the Franchise Agreement show that an increase of 13.18% is appropriate and warranted.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the increase of 13.18% from March 2023 through February 2024 for garbage and recycling rates for residents and businesses in the City of Hayward that are served under the Franchise Agreement.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 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
Comparison of Monthly Garbage & Recycling Rates
Table 1: Multi-family Dwelling Rates (assuming 1x per week service for 20 units) Municipality Garbage (3cy) Recycling (1cy) Organics (1cy) Total Livermore $357.20 $95.25 $95.25 $547.70
Fremont $260.59 $9.53 per unit $105.14 $556.33
Hayward (current) $412.81 $8.06 per unit Included w/ Garbage $574.01 Union City (Republic) $441.73 $101.13 $101.13 $644.16
Hayward (proposed 13.18%) $467.22 $9.12 per unit Included w/ Garbage $649.62 City of Alameda (ACI) $540.86 $7.45 per unit $5.36 per unit $775.36 Castro Valley (ACI) $952.56 Included w/ Garbage Included w/ Garbage $952.56 Oakland (WMAC) $890.83 $16.89 per unit Included w/ Garbage $1,228.63 Table 2: Single-Family Dwelling Rates
Municipality Garbage (20 gallon) Garbage (30-35 gallon)* Garbage (60-64 gallon) Hayward (current) $25.77 $37.67 $67.18
Livermore $29.94 $39.63 $59.36
Fremont $41.39 $42.23 $46.02
Hayward
(proposed 13.18%) $29.17 $42.63 $76.04
City of Alameda (ACI) $37.50 $47.33 $74.64
Castro Valley (ACI) $32.49 $50.37 $87.48
Oakland (WMAC) $48.18 $54.69 $96.34
Union City (Republic) $48.30 $56.37 $97.01
*Most common container size
Table 3: Commercial Rates (assuming 1x per week service) Municipality Garbage (3cy) Recycling (1cy) Organics (1cy) Total Fremont $258.79 $86.34 $105.14 $450.27
Livermore $357.20 $95.25 $95.25 $547.70
Hayward (current) $412.81 $80.12 $80.12 $573.05
Union City (Republic) $441.73 $101.13 $101.13 $644.16
Hayward (proposed 13.18%) $467.22 $90.68 $90.68 $648.58 Castro Valley (ACI) $520.81 $143.89 $143.89 $808.59
City of Alameda (ACI) $540.86 $144.23 $144.23 $829.32
Oakland (WMAC) $634.41 (open market) $199.73 -
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-085
DATE: February 7, 2023
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Coordination, Resiliency, and Action Agreement with Russell City Energy Company, LLC and Accepting and Appropriating Donations for a Fire Department Hazardous Materials Response Vehicle and for the Russell City Reparative Justice Project (RCRJP) Following the Explosion that Occurred at the Russell City Energy Center on May 27, 2021

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Coordination, Resiliency, and Action Agreement (Attachment III) with Russell City Energy Company, LLC and accept and appropriate two donations to the City of Hayward:
1) $20,000 appropriated to the General Capital Fund towards the Russell City Reparative Justice Project (RCRJP); and
2) $150,000 appropriated to the Capital Fleet Replacement Fund towards a hazardous materials response vehicle for the Hayward Fire Department.

SUMMARY
The Russell City Energy Center (RCEC) is a 600-megawatt powerplant located in the Hayward industrial area. The plant is owned and operated by the Calpine Corporation and began commercial operations in 2013. On May 27, 2021, RCEC experienced a mechanical failure of the steam turbine generator that resulted in an explosion and fire (incident). The steam turbine generator experienced extensive damage and debris from the explosion flew from the site to surrounding areas, including the City’s Water Pollution Control Facility (WPCF) and the City’s Homeless Navigation Center.

On July 15, 2021, the California Energy Commission (CEC) voted to approve Calpine’s petition for modifications to allow the facility to temporarily operate in simple-cycle mode, subject to certain limitations in the CEC’s order. The CEC order found it was appropriate for the CEC to “exercise enhanced scrutiny over the facility” in light of the May 27, 2021 incident and that “it is reasonable for the public to have access to safety audits conducted pertaining to the operation of the facility, including the CITY OF HAYWARD Page 1 of 2 Printed on 2/3/2023
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File #: CONS 23-085
circumstances that gave rise to the petition.” Additionally, the order directed the project owner to meet with CEC staff and the Hayward City Fire Department within 30 days of the order “to discuss any needed modifications of [RCEC’s] standard operating procedures for first responders to implement when responding to incidents on site, including establishing a process for reimbursement of reasonable expenses.”
The Coordination, Resiliency, and Action Agreement that is the subject of this report is the result of over two years of investigations, meetings, and collaboration between the CEC, California Public Utilities Commission (CPUC), Calpine Corporation and RCEC staff, and City staff. The intent of the agreement is to document improvements made in the working relationship between the City and Calpine as well as create a mechanism for donations to the Fire Department for the purchase of a hazardous materials response vehicle and to the Russell City Reparative Justice Project (RCRJP). Upon execution of the agreement, City staff will work with Calpine on receipt and appropriation of the two donations.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Draft Coordination, Resiliency, and Action Agreement CITY OF HAYWARD Page 2 of 2 Printed on 2/3/2023
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DATE: February 7, 2023
TO: Mayor and City Council
FROM: City Manager
SUBJECT: TitAdopt a Resolution Authorizing the City Manager to Execute a Coordination, Resiliency, and Action Agreement with Russell City Energy Company, LLC and Accepting and Appropriating Donations for a Fire Department Hazardous Materials Response Vehicle and for the Russell City Reparative Justice Project (RCRJP) Following the Explosion that Occurred at the Russell City Energy Center on May 27, 2021

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pertaining to the operation of the facility, including the circumstances that gave rise to the petition.” Additionally, the order directed the project owner to meet with CEC staff and the Hayward City Fire Department within 30 days of the order “to discuss any needed modifications of [RCEC’s] standard operating procedures for first responders to implement when responding to incidents on site, including establishing a process for reimbursement of reasonable expenses.”
The Coordination, Resiliency, and Action Agreement that is the subject of this report is the result of over two years of investigations, meetings, and collaboration between the CEC, California Public Utilities Commission (CPUC), Calpine Corporation and RCEC staff, and City staff. The intent of the agreement is to document improvements made in the working relationship between the City and Calpine as well as create a mechanism for donations to the Fire Department for the purchase of a hazardous materials response vehicle and to the Russell City Reparative Justice Project (RCRJP). Upon execution of the agreement, City staff will work with Calpine on receipt and appropriation of the two donations.

BACKGROUND
The Russell City Energy Center (RCEC) is a 600 megawatt powerplant located in the Hayward industrial area. The plant is owned and operated by the Calpine Corporation and began commercial operations in 2013. On May 27, 2021, RCEC experienced a mechanical failure of the steam turbine generator that resulted in an explosion and fire (incident). The steam turbine generator experienced extensive damage and debris from the explosion flew from the site to surrounding areas, including the City’s Water Pollution Control Facility (WPCF) and the City’s Homeless Navigation Center. No damage occurred at the WPCF but a large piece of debris fell through the roof of the Navigation Center trailer that serves as the common area and kitchen. Thankfully, the trailer was unoccupied at the time and there were no significant injuries resulting from the explosion.

CEC, CPUC, and City staff have been meeting bi-weekly as part of a Joint Agency Working Group since the incident as the investigation and follow up actions have occurred. On May 24, 20221, City staff, along with CEC and CPUC staff, presented to City Council regarding the investigations into the incident. After any major incident at a powerplant in the State, the operator must commission a Root Cause Analysis (RCA) report. Calpine commissioned this report and it was included in the May 24, 2022 Council packet. Upon review of the RCA, CEC and CPUC staff determined there were deficiencies in the report and commissioned a secondary gap analysis and investigation. That report was also included with the May 24 Council report. In addition, CEC and CPUC staff presented this report and corrective actions to the CEC Business Meeting on April 26, 2022. The City Manager and Fire Chief also participated in that CEC Business Meeting and presented the collaborative work that has been done with the Calpine team to enhance first responder training and response to the plant.

DISCUSSION

1 CITY OF HAYWARD - File #: WS 22-019 (legistar.com)

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In addition to the investigations into the explosion, the CEC directed Calpine to work with the City and the Fire Department on both operating practices and reimbursement for expenses related to the incident response. The City and Calpine met on at least ten (10) separate occasions regarding the Event and RCEC plans to continue its efforts to communicate, cooperate, and coordinate with the City. These meetings were conducted on:
 August 6, 2021, with the City Manager and Fire Chief, and representatives of the CEC and California Public Utilities Commission (CPUC)
 August 16, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 August 19, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 August 27, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 September 8, 2021, with the City Manager and Fire Chief  November 30, 2021, with the City Manager and Fire Chief, CEC Staff and CPUC Staff for presentation of the RCA Report
 December 2, 2021, with the City Manager and Fire Chief  March 14, 2022, with the Fire Department Training Battalion Chief  May 9, 2022, with the City Manager and Fire Chief
 May 24, 2022, with the City Manager and Fire Chief
The end result of these meetings was the Coordination, Resiliency, and Action Agreement included with this report as Attachment III. One key element of the agreement is coordination between RCEC and the Hayward Fire Department. This coordination will be memorialized as an exhibit to the agreement and includes the following elements:
• Notify the HFD in advance (two weeks’ notice) of any planned emergency drills or tabletop exercises performed in compliance with its EAP. • Coordinate with the HFD on at least two general emergency drills and one mock rescue drill annually.
• Invite the HFD to participate in any roundtable discussions that take place following the drills.
• Provide notice to the HFD of any plant management changes within RCEC and making the appropriate introductions to HFD.
• Meet annually with HFD and City Manager to review information for the Knox Box (non-destructive emergency Fire Department key access to the property) and providing any necessary updates.

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In addition, the City and RCEC came to an agreement that the best approach to settling the expense reimbursement for the Fire Department response to the incident was for Calpine/RCEC to provide a contribution of $150,000 toward a hazardous materials response vehicle. This vehicle will allow the Fire Department to respond more effectively to any future incident at the plant and will also allow crews to train throughout the year in preparation for a hazardous materials incident. Given the number of businesses located in Hayward that utilize hazardous materials, having this vehicle and a trained team will provide tremendous value to the community. Currently, if there is an incident, the department must rely on teams from either Fremont or Alameda County, which can significantly delay response and potentially cause more harm to Hayward residents and businesses.

The total cost of this vehicle will exceed $150,000 and will be used to support response not just to RCEC but also to other businesses in the industrial area that utilize hazardous materials. This vehicle will be requested as part of the annual Capital Improvement Program, will become part of the City’s vehicle replacement program, and the acquisition costs will be offset by this initial contribution from Calpine.

Lastly, the agreement contemplates a contribution in recognition of the history of Russell City. Established in 1853, Russell City was an unincorporated area of Alameda County located near the Hayward shoreline between present day Chabot College and the Hayward Executive Airport. In the early 1960s, Russell City was annexed into the City of Hayward as part of a redevelopment plan that entailed the relocation of Russell City residents and businesses and rezoning property for industrial development.

On Nov. 16, 2021, the Hayward City Council voted unanimously to issue a formal apology for the City’s historical role in and the perpetuation of racial discrimination and racially disparate impacts of its past actions and inactions. The apology resolution specifically cited Hayward’s participation in the redevelopment of Russell City, whose population was made up largely of African American, Latinx and other People of Color.

The Russell City Reparative Justice Project (RCRJP) is the City of Hayward’s response to a recommendation of its Community Services Commission, which called for the City to work with former Russell City residents and descendants to “determine appropriate restitution” for the City of Hayward’s involvement in inequitable treatment and the forced relocation of Russell City Community. As part of this agreement, the City and RCEC will work with the historic Russell City community to agree upon an appropriate cultural project to recognize the history of Russell City. Calpine/RCEC will contribute up to twenty thousand dollars ($20,000) for the selected project.

ECONOMIC AND FISCAL IMPACTS
The funding from this agreement will allow for support of the Russell City Reparative Justice Project (RCRJP) and will also help to provide much needed funding for a hazardous materials response vehicle for the Hayward Fire Department. Ongoing replacement costs for the vehicle

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will be provided through annual fees currently charged to businesses utilizing hazardous materials throughout Hayward.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priorities and Specific Projects of:
 Enhance Community Safety & Quality of Life
o 1.25 Work with the survivors and descendants of Russell City to determine appropriate restitution.
 Strengthen Organizational Health
o 6.13. Expand Communications, Transparency, and Community Engagement -

PUBLIC CONTACT
There is no public contact associated with this item.

NEXT STEPS
Upon authorization from the City Council, the City Manager will execute the agreement and staff will appropriate the funds to the CIP vehicle replacement fund for acquisition of the hazardous materials vehicle and to a holding fund for the Russell City Reparative Justice Project (RCRJP).

Prepared by: Jenny Chacon, Equity and Inclusion Officer Recommended by: Regina Youngblood, Assistant City Manager Garrett Contreras, Fire Chief
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

COORDINATION, RESILIENCY, AND ACTION AGREEMENT WITH RUSSELL

CITY ENERGY COMPANY, LLC AND TO ACCEPT AND APPROPRIATE
$150,000 TO SUPPORT THE PURCHASE OF A FIRE DEPARTMENT
HAZARDOUS MATERIALS VEHICLE AND $20,000 FOR THE RUSSELL CITY

REPARATIVE JUSTICE PROJECT (RCRJP)
WHEREAS, the Russell City Energy Center is a 600 megawatt combined-cycle electric generating facility with advanced air emissions control technologies located in Hayward, California (the “Plant”); and
WHEREAS, the Plant commenced operations in August 2013 and, at all relevant times, has been duly licensed by the California Energy Commission (CEC); and WHEREAS, the California Independent System Operator (CAISO) identified the Plant as one of two resources in the Bay Area that are best suited to provide black start capability, which mitigates the potential for catastrophic economic disruption to the region following a system-wide power outage. The Plant’s battery black start capability was commissioned in December 2020 and has significantly improved the system restoration capabilities in Northern California, including Hayward and the greater Bay Area; and WHEREAS, on May 27, 2021, the Plant experienced a mechanical failure of the steam turbine generator (the “Event”). The Event rendered the Plant temporarily inoperable in its designed configuration and damaged the nearby Hayward Housing Navigation Center; and WHEREAS, immediately following the incident, RCEC engaged an independent third party to conduct a root cause analysis (RCA) to identify the cause of the Event. In addition, the California Energy Commission (CEC) and California Public Utilities Commission (CPUC) commissioned a gap analysis of the RCA; and
WHEREAS, the CEC found it was appropriate for the CEC to “exercise enhanced scrutiny over the facility” in light of the May 27, 2021 incident and that “it is reasonable for the public to have access to safety audits conducted pertaining to the operation of the facility, including the circumstances that gave rise to the petition.” Additionally, the CEC directed the project owner to meet with CEC staff and the Hayward City Fire Department within 30 days of the order “to discuss any needed modifications of [RCEC’s] standard operating procedures for first responders to implement when responding to incidents on site, including establishing a process for reimbursement of reasonable expenses”; and

ATTACHMENT II

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WHEREAS, the Plant has made repairs, taken corrective actions required by the CEC and the CPUC, and has returned to combined-cycle operations; and WHEREAS, RCEC takes the concerns of the City and its relationship with the community very seriously and has committed to ensuring improved communication with the City going forward; and
WHEREAS, RCEC and the City have met on at least ten (10) separate occasions regarding the Event and RCEC plans to continue its efforts to communicate, cooperate, and coordinate with the City. These meetings were conducted on:
 August 6, 2021, with the City Manager and Fire Chief, and representatives of the CEC and California Public Utilities Commission (CPUC)
 August 16, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 August 19, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 August 27, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 September 8, 2021, with the City Manager and Fire Chief  November 30, 2021, with the City Manager and Fire Chief, CEC Staff and CPUC Staff for presentation of the RCA Report
 December 2, 2021, with the City Manager and Fire Chief  March 14, 2022, with the Fire Department Training Battalion Chief  May 9, 2022, with the City Manager and Fire Chief
 May 24, 2022, with the City Manager and Fire Chief
WHEREAS, these meetings between CEC staff, the City and Fire Department staff, and Calpine/RCEC staff resulted in the development of the Coordination, Resiliency, and Action Agreement, which will help to ensure that the Fire Department and RCEC work in close coordination with each other moving forward.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to execute a Coordination, Resiliency, and Action Agreement with Russell City Energy Company, LLC in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the Council accepts and appropriates $20,000 to the General Capital Fund (Fund 405) from Russell City Energy Company, LLC for the Russell City Reparative Justice Project (RCRJP).

ATTACHMENT II

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BE IT FURTHER RESOLVED that the Council accepts and appropriates $150,000 to the CIP Fleet Replacement Fund (Fund 736) for acquisition of a new hazardous materials vehicle for the Hayward Fire Department.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 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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COORDINATION, RESILIENCY, AND ACTION AGREEMENT
This Coordination, Resiliency, and Action Agreement (the “Agreement”) is entered into as of _______________, 20__ (the “Execution Date”) by and between Russell City Energy Company, LLC, (“RCEC”), and City of Hayward, California, a municipal corporation of the State of California (the “City”) (collectively, the “Parties”).

WHEREAS, the purpose of this Agreement is to set forth a summary of the understanding and agreement between RCEC and the City, regarding coordination, resiliency, and action following the May 27, 2021 steam turbine incident at RCEC’s facility.

WHEREAS, the Russell City Energy Center is a highly efficient, combined-cycle electric generating facility with advanced air emissions control technologies located in Hayward, California (the “Plant”).

WHEREAS, the Plant commenced operations in August 2013 and, at all relevant times, has been duly licensed by the California Energy Commission (CEC).

WHEREAS, the Plant brings much-needed energy capacity to Hayward, the East Bay, and the greater Bay Area and is capable of serving the needs of 600,000 households.

WHEREAS, the California Independent System Operator (CAISO) identified the Plant as one of two resources in the Bay Area that are best suited to provide black start capability, which mitigates the potential for catastrophic economic disruption to the region following a system-wide power outage. The Plant’s battery black start capability was commissioned in December 2020 and has significantly improved the system restoration capabilities in Northern California, including Hayward and the greater Bay Area.

WHEREAS, on May 27, 2021, the Plant experienced a mechanical failure of the steam turbine generator (the “Event”). The Event rendered the Plant temporarily inoperable in its designed configuration.

WHEREAS, the Event impacted the nearby Hayward Housing Navigation Center.

WHEREAS, immediately following the Event, RCEC engaged an independent third party to conduct a root cause analysis (RCA) to identify the cause of the Event.

WHEREAS, on July 30, 2021, the Governor of California issued an emergency proclamation finding it necessary to take immediate action to reduce the strain on the energy infrastructure, increase energy capacity, and make energy supply more resilient to protect the health and safety of Californians and directing all state agencies to act immediately to achieve energy stability and to mitigate the risk of capacity shortages.

ATTACHMENT III

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DRAFT ONLY
WHEREAS, to provide critical support to the electric grid in the summer and fall 2021, RCEC sought and obtained from the CEC and the Bay Area Air Quality Management District approval for a temporary modification to the steam turbine condenser to allow the Plant to operate in simple-cycle mode (a mode of operation where the combustion turbines are operational without the steam turbine) until repairs to the steam turbine were complete.

WHEREAS, the Plant has returned to combined-cycle operations.

WHEREAS, the safety of its colleagues and the community is a core value of RCEC, and RCEC is committed to the safe and reliable operation of the Plant.

WHEREAS, RCEC takes the concerns of the City and its relationship with the community very seriously and has committed to ensuring improved communication with the City going forward.

WHEREAS, RCEC and the City have met on at least ten (10) separate occasions regarding the Event and RCEC plans to continue its efforts to communicate, cooperate, and coordinate with the City. These meetings were conducted on:
 August 6, 2021, with the City Manager and Fire Chief, and representatives of the CEC and California Public Utilities Commission (CPUC)  August 16, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 August 19, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 August 27, 2021, with the City Mayor, City Manager and Fire Chief, and CEC Commissioners and Staff,
 September 8, 2021, with the City Manager and Fire Chief  November 30, 2021, with the City Manager and Fire Chief, CEC Staff and CPUC Staff for presentation of the RCA Report
 December 2, 2021, with the City Manager and Fire Chief  March 14, 2022, with the Fire Department Training Battalion Chief  May 9, 2022, with the City Manager and Fire Chief
 May 24, 2022, with the City Manager and Fire Chief

ATTACHMENT III

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DRAFT ONLY
NOW, THEREFORE, in exchange for the agreements and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the RCEC and the City agree as follows:

1.0 COORDINATION AGREEMENT

1.1 Cooperation with the Hayward Fire Department. RCEC will engage in additional cooperation, communication, and coordination efforts with the Hayward Fire Department as outlined in Exhibit A.

1.2 Contribution to Hayward Fire Department HazMat Unit. Within 30 days after the Execution Date, RCEC will make a contribution of one hundred fifty thousand dollars ($150,000) directly to the Hayward Fire Department in support of the development of a Hazardous Materials Unit. [NTD: CITY TO PROVIDE SPECIFICS ON PAYMENT] Once the Hazardous Materials Unit is purchased, RCEC will provide opportunities to train Hayward Fire Department personnel at the RCEC facility.

1.3 Contribution to Recognize the History of Russell City. The City and RCEC will work with the historic Russell City community to agree upon an appropriate cultural project to recognize the history of Russell City. RCEC will contribute up to twenty thousand dollars ($20,000) for the selected project. [NTD: CITY TO PROVIDE SPECIFICS ON PAYMENT]

2.0 GENERAL PROVISIONS

2.1 No Public Statement. Neither Party shall issue any press or media releases nor make any other public statements or disclosures with respect to this Agreement or the transactions contemplated hereby, without the prior written consent of the other Party, except as required by applicable law.

Each Party shall make all reasonable efforts to consult with the other Party prior to making any public statements required by applicable law.

2.2 Insurance Payments. The City acknowledges and agrees that RCEC’s insurer has paid all property damage claims submitted in connection with the Event.

2.3 Amendment. This document may not be modified or amended in any way unless done in writing and signed by all Parties to this Agreement.

2.4 Sole Agreement. This Agreement is the sole and exclusive agreement made by the Parties in connection with this matter.

2.5 City Approvals. City of Hayward has or will obtain all necessary approvals for this Agreement.

ATTACHMENT III

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DRAFT ONLY

2.6 Notices. Any notice as required under this Agreement shall be made, in writing, as follows:

For the City of Hayward:
[TO BE PROVIDED BY CITY]
For RCEC:

Russell City Energy Company, LLC
3862 Depot Road
Hayward, CA 94545
Attn: Plant Manager
Telephone: (510) 731-1403
E-mail: [email protected]
With a copy to:

Russell City Energy Company, LLC
3003 Oak Road, Suite 400
Walnut Creek, CA 94597
Attn: Rosemary Antonopoulos, VP and Deputy General Counsel Telephone: (925) 557-2283
E-mail: [email protected]
[SIGNATURES APPEAR ON FOLLOWING PAGE]

ATTACHMENT III

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DRAFT ONLY
IN WITNESS WHEREOF, each Party has executed this Agreement on the date set forth below.

City of Hayward Russell City Energy Center, LLC
By:______________________________ By:_______________________________ Printed Name: ____________________ Printed Name: _____________________ Title: ____________________________ Title: _____________________________

ATTACHMENT III

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DRAFT ONLY
Exhibit A
Cooperation with the Hayward Fire Department and RCEC
• Notify the HFD in advance (two weeks’ notice) of any planned emergency drills or tabletop exercises performed in compliance with its EAP. • Coordinate with the HFD on at least two general emergency drills and one mock rescue drill annually
• Invite the HFD to participate in any roundtable discussions that take place following the drills
• Provide notice to the HFD of any plant management changes within RCEC and making the appropriate introductions to HFD
• Meet annually with HFD and City Manager to review information for the Knox Box (non-destructive emergency Fire Department key access to the property) and providing any necessary updates
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 23-008
DATE: February 7, 2023
TO: Mayor and City Council
FROM: Acting Director of Development Services

SUBJECT
Housing Element: Adopt a Resolution Amending the General Plan to Include the 2023-2031 Housing Element

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) approving an Amendment to the General Plan for the 2023-2031 Housing Element; and review an EIR Addendum related to the General Plan Amendment prepared pursuant to the California Environmental Quality Act.

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

A Housing Element is an opportunity for a community to analyze local housing challenges and develop solutions to address those issues. Thus this Housing Element is composed of the goals, policies, programs and actions to remove constraints and streamline new development; allows for the establishment of a variety of housing types; prioritizes funding for affordable housing development, particularly for special needs populations; ensures that programs affirmatively further fair housing goals; provides education and outreach opportunities for residents; and identifies sites that are zoned to accommodate the City’s Regional Housing Needs Allocation (RHNA). It is essential to note that State Housing Law does not require that jurisdictions build or finance new housing, but we must plan for it in a manner that affirmatively furthers fair housing.

Following adoption of the Draft Housing Element, staff will incorporate any changes recommended by the City Council and submit the final adopted version to the State Department of Housing and Community Development (HCD) for certification. To streamline the certification process, the accompanying Resolution would authorize the Acting Development Services Director to make all non-substantive CITY OF HAYWARD Page 1 of 2 Printed on 2/3/2023
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File #: PH 23-008
changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by HCD to achieve certification.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Addendum
Attachment IV 6th Cycle Housing Element 2023-2031
Attachment V Housing Element, Appendix A, Public Participation Report Attachment VI Housing Element, Appendix B, Housing Needs Assessment Attachment VII Housing Element, Appendix C, Housing Resources Attachment VIII Housing Element, Appendix C, Sites Inventory Attachment IX Housing Element, Appendix D, Housing Constraints Attachment X Housing Element, Appendix E, Review of Past Accomplishments Attachment XI Housing Element, Appendix F, Fair Housing Assessment Attachment XII State Department of Housing and Community Development (HCD) Letter 11/28/22 Attachment XIII City Response Matrix to HCD Letter
Attachment XIV Planning Commission Draft Minutes of 1/26/23 Housing Element CITY OF HAYWARD Page 2 of 2 Printed on 2/3/2023
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DATE: February 7, 2023
TO: Mayor and City Council
FROM: Acting Director of Development Services
SUBJECT: Housing Element: Adopt a Resolution Amending the General Plan to Include the 2023-2031 Housing Element

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to make it internally consistent or to address any non-substantive changes or amendments requested by HCD to achieve certification.

BACKGROUND
California Government Code Title 7, Division 1, Chapter 3, Article 10.6 [65580 – 65589.11]1 regulates the use and requirements of housing elements in California. The state law requires that the City update its General Plan Housing Element every eight years. State law further requires the current update for jurisdictions in the Association of Bay Area Governments (ABAG) region to comply by January 31, 2023.

On July 20, 20212, the City Council adopted a Resolution authorizing the City Manager to execute an agreement with Rincon Consultants to prepare a comprehensive update to the Housing Element, the Climate Action Plan, Safety Element, and to prepare an Environmental Justice Element. These updates were combined because issues of housing, environmental justice, safety and hazard planning, and climate change are inextricably linked and conducting outreach and planning for all of these efforts simultaneously would result in a more comprehensive and holistic approach to each of these issues. While outreach and analysis was conducted for all elements simultaneously, the Safety Element and Environmental Justice Element are slated to be considered by decisionmakers in Spring 2023, and the Climate Action Plan is slated to be considered by decisionmakers in Fall 2023.

On October 19, 2021, the Planning Commission and City Council held a joint Housing Element Work Session. At that meeting, staff provided an overview of recent State legislation related to housing and provided updates on the Housing Element and Residential Objective Standards Project. Staff provided background on the City’s RHNA and the Housing Element process and discussed conducting a broad, equitable outreach plan. See the Public Outreach section below and Housing Element, Appendix A for an overview of public outreach and feedback collected throughout this effort.

On May 11, 2022, pursuant to Government Code Sections 65352 – 65352.5, Hayward provided project information related to the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission (NAHC).

Following that notice, a representative from the Confederated Villages of Lisjan Nation (Tribe) requested a consultation about the Draft Housing Element. On August 3, 2022, staff met with representatives from the Confederated Villages of Lisjan Nation to discuss the Housing Element in general and the sites inventory, in particular. At that meeting, Tribal representatives requested to be added to the list to receive notification about future development projects. On October 20, 2022, following written notification to the Tribe, the City closed formal consultation on the Housing Element.

1 California Government Code, Article 10.6, Housing Elements. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583.&nodeTreePath=11.1.9.11&lawCode=GOV 2 July 20, 2021 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=5034289&GUID=A1DD2D35-7B4A42C8-9284-7DEB78AAD470&Options=&Search=

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On June 23, 20223 and July 5, 20224, respectively, the Planning Commission and City Council held work sessions on the Draft Housing Element with emphasis on the proposed sites inventory to meet the RHNA (Housing Element, Appendix C, Housing Resources) and the Housing Plan, a set of policies and actions to ensure development of housing at a variety of income levels throughout the City during the next Housing Element cycle. Based on feedback at these work sessions, staff updated the Housing Element sites inventory to remove sites intended for commercial uses, bolstered programs related to outreach and education, and clarified information about publicly owned land. Additional information related to comments and feedback at those work sessions are included in the Draft Housing Element.

The Draft Housing Element was made available for a 30-day public review from July 14, 2022 to August 14, 2022. The City received 15 comment letters from organizations and members of the public. Copies of all comment letters and the City’s responses to comments and questions, including where and if the Housing Element was modified, are included at the end of Appendix A, Public Participation Report, of the Housing Element. On July 27, 2022, the City also held a public workshop to take questions and comments on the Draft Housing Element.

The conversation at the workshop centered around housing and services for individuals experiencing homelessness, a desire to see more affordable housing production for minimum wage workers and students, and a desire to see more inclusionary housing. Overall, in response to public comments in the letters and at the workshop, the City provided clarifying information and added a policy related to Fair Chance Housing to provide support for individuals with poor credit history, poor or no references, formerly incarcerated and others to fairly obtain housing.

On August 31, 2022, the City submitted the Draft Housing Element to HCD for formal review.

HCD provided written comments 90 days later on November 28, 2022. Based on those comments, a subsequent meeting and correspondence with HCD, the City revised the Draft Housing Element. Attachment XII contains HCD’s comment letter, and Attachment XIII contains the City’s comprehensive response to the letter with references to Housing Element sections and pages that were modified to address the comments.

The updated Draft Housing Element was re-released for public review between December 19, 2022 and January 2, 2023. The Draft provided to the public included strikethrough and underlined text to reflect deletions and insertions, respectively, so that the public could easily review the changes in the updated draft. The City did not receive any comments during this comment period and on January 3, 2023, the City resubmitted the revised Draft Housing Element to HCD and has not received any additional comments on the document.

On January 4, 2023, after the public comment period closed, a representative from the Carpenters Union reached out to the City to indicate that their written comment was not addressed in the Draft Housing Element. Staff met with the Union representative on January 11, 2023 and developed Action language that staff recommends be added to the Housing

3 June 23, 2022 Planning Commission Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=5700918&GUID=32FA9808- 163E-481B-8A1A-35338F2B92E5&Options=&Search=
4 July 5, 2022 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=5714861&GUID=624B48B9-038C-4471- 8B4A-F14D45C988B0&Options=&Search=

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Element. Further discussion on this topic and draft Action language is provided in the Staff Analysis section below.

On January 26, 20235, the Planning Commission held a public hearing and recommended 7:0 that the City Council adopt the Housing Element. The Planning Commission’s motion recommended that the City Council include the Action related to meeting with trades unions annually but recommended it be expanded to include “contractors and other groups that employ construction laborers” in order to support all efforts to expand the labor pool.

Commissioners asked clarifying questions, voiced concerns about State Laws such as Senate Bill 9 that reduce local control over land use decisions, and voiced support for amending and strengthening the City’s Rent Stabilization Ordinance to strengthen rent control, but did not include those statements in the motion.

DISCUSSION
Hayward Housing Element: The Hayward 2023-2031 Housing Element6 (Attachment IV)*, is structured to provide a general overview and summary of all of the statutorily required sections of a Housing Element pursuant to State Law. Each section that comprises the Housing Element is briefly summarized and a link to the relevant Appendix, which provides additional information on the Housing Element section, is provided below.
*Please note that Attachments IV through XI contain clean, adoption ready versions of the Draft Housing Element while the hyperlinked footnotes show the Draft Housing Element and Appendices that contain strikethrough and underlined text to reflect deletions and insertions based on HCD’s comments.

Part 1, Introduction. This section of the Housing Element provides an introduction, data sources, and a summary of public participation which included but was not limited to the activities outlined in the Background section above. Early outreach efforts focused on education about housing, climate change, safety issues, notification about the Housing Element process, and connecting with and listening to people’s stories about their neighborhoods and housing situations. This was done through social media campaigns, surveys, email and mail blasts, flyers, and creation of an interactive website. One unique outreach effort included a partnership between the City and Chabot College to have students interview over 400 residents about issues related to housing, discrimination, segregation, and community assets. The interviews were compiled into a GIS map7 and provided lived experiences about Hayward residents’ struggles and hopes about housing, segregation, neighborhood pollution,

5 January 26, 2023 Planning Commission Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=6001387&GUID=057F2DB7-293C4ED9-B5F7-8BC62780E6C9&Options=&Search= 6 Hayward Housing Element. https://haywardhousingandclimateupdate.com/wp-content/uploads/2022/12/City-of-Hayward-Draft-2023- 2031-Housing-Element-6th-Cycle.pdf
7 Chabot College Housing Surveys GIS site. https://maps.haywardca.gov/portal/apps/experiencebuilder/experience/?id=3645991a4e864b3e80ef54803dd83d20

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and community assets. These interviews informed staff’s approach to the project and quotes were threaded throughout the Housing Element and Appendices.

The City used Balancing Act, an interactive housing sites simulation tool, to provide the public with an opportunity to review and weigh in on housing element sites. For the most part, people focused development on vacant lots in Downtown, along Mission Boulevard, near BART, near Chabot and Cal State East Bay campuses and along other transportation corridors such as Tennyson and Industrial. There were also a number of comments related to neighborhood livability such as requiring a mix of uses, adding bike lanes, investing in public transit and maintaining open space. The proposed sites inventory strongly correlates with the areas prioritized for development in this Balancing Act feedback.

Later outreach focused on informing the public about the Draft Housing Element, presenting and taking comments at community events, workshops and public meetings with decision makers and updating the Draft Housing Element to provide clarification and additional information or amending it to address comments.

Appendix A, Public Participation Report8 (Attachment V), contains detailed background documents, summaries, and results from the surveys, interviews, and various outreach activities. It also contains copies of all of the comment letters received on the Draft Housing Element and a comprehensive response to those comments.

Part 2, Housing Needs Summary. The Housing Needs Summary provides insight into Hayward’s demographic, socioeconomic, and housing characteristics to ensure that the City understands and directs resources towards households with the greatest needs. Over the past two decades, Hayward’s population has steadily increased while it has aged and grown more diverse ethnically and racially (Appendix B, Tables B-2 and B-3). Household incomes in Hayward tend to be lower than those in Alameda County as a whole (Appendix B, Table B-7 and Figure B-1) and Hayward has an average household size that is larger than most surrounding communities.

Identified special needs groups in Hayward include senior headed households, persons with disabilities, large households (five or more persons in a household), female headed households, people living in poverty, individuals experiencing homelessness, extremely low-income households, and students (Appendix B, Table B-12). It is essential to note that many of these demographic or special needs attributes are intersectional; for example, seniors tend to have one or more disability and may be considered low or extremely low income due to fixed incomes. Thus, there are sometimes compounding issues that could impact individuals’ ability to find and maintain housing and access services.

8 Housing Element, Appendix A, Public Participation Report. https://haywardhousingandclimateupdate.com/wpcontent/uploads/2022/12/Appendix-A-Public-Participation-Report_Revised-Submittal-Per-HCD-Comments.pdf

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Over the past two decades, the growth in population has significantly outpaced available housing stock. The majority of housing units in Hayward were built between 1940 and 1999 and many are in need of rehabilitation and repair (Appendix B Table B5). Further, housing is becoming more expensive. From 2015 to 2020, home values increased by 41 percent, and median monthly rent is above $2,000 per month (Appendix B, Section 1.8, Housing Costs and Affordability). This precipitous increase in housing costs has led to overcrowded conditions, particularly for renter households who do not have access to larger units (Appendix B, Section 1.7.5 and Figure B-3).

Increased housing costs have a disproportionate impact on households based on tenure and race leading to a higher cost burden for low income, renter households (Appendix B, Figure B-4, Tenure by Race of Householder). Rates of homeownership are significantly higher among non-Hispanic White and Asian householders than Black/African American, Hispanic/Latino and householders belonging to another racial groups due to historical patterns of segregation, discriminatory lending, and urban renewal. While approximately 40 percent of all households in Hayward are housing cost burdened, 48 percent of Hispanic/Latino households and 53 percent of Black/African American households are cost burdened (Appendix B, Section 1.8.4, Cost Burden).

Housing Element Programs: Specific Programs in the Housing Element that are intended to support low income and special needs groups include Program H-3, Preservation of At Risk Housing; Program H-4, Affordable Housing Development Assistance; Program H-7, Housing Choice Vouchers; Program H-19, Housing for Special Needs Populations; Program H-23, Rent Stabilization and Tenant Protections; and, Program H-24, Tenant Relocation Assistance. In addition, there are Programs related to access, outreach and education including Program H-20, Community Outreach and Education; Program H-21, Foreclosure Prevention and Counseling; and Program H-22, Fair Housing Services.

Appendix B, Housing Needs Assessment9 (Attachment VI), contains detailed data, tables, and references related to these topics.

Part 3, Projected Housing Needs. This section of the Housing Element summarizes Hayward’s RHNA allocation, which is derived from the State’s projections for growth. To determine these projections, HCD analyzes demographic population information from the California Department of Finance and develops a formula to calculate a figure for each region/Council of Governments based on projected growth. In the 2023- 2031 cycle, the Bay Area was allocated 441,176 units (a 234% increase over the last cycle allocation) with about 26% allocated to Very Low Income, 15% to Low, 16% to Moderate and 43% to Above Moderate-income households. The Association of Bay Area Government’s (ABAG) Housing Methodology Committee released the final RHNA in December 2021. Hayward’s allocation for this cycle is 4,624 units, approximately 18% higher than the previous cycle.

9 Housing Element, Appendix B, Housing Needs Assessment. https://haywardhousingandclimateupdate.com/wpcontent/uploads/2022/12/Appendix-B-Housing-Needs-Assessment_Revised-Submittal-Per-HCD-Comments.pdf

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Table 1. City of Hayward RHNA Allocations
Very Low
Income
(<50% of
Area Median
Income)
Low Income
(50-80% of
Area Median
Income)
Moderate
Income (80-
120% of
Area Median
Income)
Above
Moderate
Income
(>120% of
Area Median
Income)
Total
2015-2023
Allocation
851 480 608 1,981 3,920
2023-2031
Allocation
1,075 617 817 2,115 4,624
Part 4, Housing Resources. This section provides a description of the various resources needed to construct housing: land resources, financial resources, and administrative resources.

Land Resources: The City can comfortably accommodate the RHNA allocation at all income levels with a healthy buffer of additional sites if a site does not develop in accordance with assumptions provided in the Housing Element. This section provides a list of entitled and pending projects; an estimate of Accessory Dwelling Units based on past performance; and an identification of suitable sites with zoning to accommodate the projected housing need (Attachment VIII). According to the Draft Housing Resources chapter, there are 2,073 approved or pending developments at a variety of income levels (Appendix C, Table 4-3 and Figure 4-1). The City also assumes that a minimum of 320 ADUs will be constructed during the eight year cycle. This leaves a total of 2,231 units to plan for in the Housing Element. See Appendix C, Tables C-3 and C-5.

Primary areas anticipated for development include property within the Downtown Specific Plan, along the Mission Boulevard corridor, and on former Caltrans 238 parcels, which follows the development patterns that we have seen across the City in the past few years. The Housing Element provides a methodology for how the projected housing units on each inventory site and within each Zoning District is calculated; provides samples of development in Hayward to provide evidence for the City’s assumptions as well as a description of constraints to development, infrastructure, and services to serve the future development; and, details resources available for affordable housing development including financing and administrative resources at the local and statewide level. The City’s analysis shows that there is a 26% buffer between the Residential Sites Inventory and the RHNA. Further, there is a 31% buffer for lower income units in the event that development does not occur based on the City’s assumptions (Appendix C, Table C-12, Adequacy of Residential Sites Inventory).

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Table 2. Adequacy of Residential Sites Inventory
It is important to note that while the City’s assumptions primarily rest on higher density development in specific areas, there will likely be additional incremental, infill development in lower density neighborhoods throughout the City during the next Housing Element cycle.

This is illustrated by the recent implementation of Senate Bill 9, which allows for any singlefamily parcel to be split into two lots and developed with a duplex on each lot, subject to minimum setback and other standards, that went into effect on January 1, 2022. Since its implementation, Planning staff developed SB9 Frequently Asked Questions guidance and a Checklist application10. To date, staff has processed two applications for urban lot splits and development of duplexes on each lot. The combination of ADUs and SB9 along with the City’s pending Objective Standards long range planning project, which will allow for site specific intensification of development in line with adopted General Plan densities, will result in additional development that cannot be predicted at this time. Further, over the next eight years, sites unknown to staff at this time are also likely to be redeveloped into housing at varying densities in accordance with the City’s General Plan and zoning allowances.

Financial resources including but not limited to Community Development Block Grant funds, HOME funds, County A-1 funds, and City Inclusionary funds can be used to develop and subsidize new development, preserve existing housing stock, and provide for rehabilitation and homebuyer and rental assistance. Additional State grants (SB2 and LEAP) can be used to streamline permitting processes to allow for additional development opportunities with a focus on development of housing at all income levels and for identified special needs populations. For example, the City received both SB2 and LEAP grant funding to update the Density Bonus Ordinance, which was recently adopted, and to develop Objective Design and Development Standards, which is currently underway.

Administrative resources include City resources (Planning, Building, Code Enforcement, Community Services and Housing Division); County resources (Section 8 vouchers, EveryOne

10 Hayward Senate Bill 9 webpage: https://www.hayward-ca.gov/your-government/departments/planning-division/senate-bill-9

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Home); service providers contracted by the City to provide legal assistance, fair housing services, financial and foreclosure education (ECHO, Centro Legal de la Raza); and affordable housing developers and service providers (Eden, RCD, Abode among others).

Housing Element Programs: Programs related to development of housing are set forth in Goal H-3 and Program H-8, Ensure Adequate Sites to Accommodate Regional Fair Share Housing Growth; Program H-9, No Net Loss Zoning; Program H-10, Replacement Housing; and Program H-13, Variety of Housing Types. Further, various programs in the Housing Element align financial and administrative resources to preserve, conserve, and improve existing housing stock such as Program H-1, Minor Home Repair Program; H-2, Residential Inspection Program; H-3, Preservation of At-Risk Affordable Housing; H-4, Affordable Housing Development Assistance; and H-7, Housing Choice Vouchers.

Appendix C, Housing Resources11 (Attachments VII and VIII), contains additional information on each of these topics.

Part 5, Housing Constraints. This section outlined the various constraints to development of housing. Governmental constraints include zoning standards, requirements to construct on and off-site improvements, development and impact fees, development application processing, and Building Code requirements. Market constraints include the costs of land, materials, and labor, which have risen substantially over the past decade and were exacerbated by supply chain issues during COVID. The increased costs of construction are reflected in increasing housing costs because rent or sales prices are priced to justify the cost of development. As described in the December 8, 2022 presentation to the Planning Commission, governmental policies and incentives combine with market forces to impact feasibility. 12 Other constraints include neighbor opposition, labor opposition against projects that do not include specified labor agreements, and individuals and groups opposed to new development based on environmental concerns.

Housing Element Programs: Housing Element Programs designed to remove or relieve constraints associated with housing development include Program H-14, Development Incentives; Program H-16, Expedited Project Review; and Program H-19, Housing for Special Needs Populations. All of the programs include specified actions to reduce or eliminate barriers to development of housing and housing that is affordable to special needs populations in particular.

Appendix D, Housing Constraints13 (Attachment IX), contains additional information on each of these topics.

11 Housing Element, Appendix C, Housing Resources. https://haywardhousingandclimateupdate.com/wpcontent/uploads/2022/12/Appendix-C-Housing-Resources_Revised-Submittal-Per-HCD-Comments.pdf 12 December 8, 2022 Planning Commission. Affordable Housing Ordinance Feasibility Study. https://hayward.legistar.com/LegislationDetail.aspx?ID=5953434&GUID=A7E831B1-A639-4A1D-842EB1A5D1F1AAAF&Options=&Search= 13 Housing Element, Appendix D, Housing Constraints. https://haywardhousingandclimateupdate.com/wpcontent/uploads/2022/12/Appendix-D-Housing-Constraints_Revised-Submittal-Per-HCD-Comments.pdf

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Part 6, Fair Housing. During this Housing Element cycle, each jurisdiction was required to analyze contributing factors to fair housing choice and access to opportunities to implement programs to affirmatively further fair housing. Historic exclusionary governmental policies, discrimination in mortgage lending practices, and longterm disinvestment in communities have created patterns of racial and ethnic segregation and facilitated racial and ethnic concentrations of poverty across neighborhoods (Appendix F, Section 10.1, Historic Patterns of Segregation).

As part of the fair housing analysis, a jurisdiction must show that they are disbursing housing throughout the City and in high resource areas based on Opportunity Maps developed by the California Fair Housing Task Force (Appendix F, pg. 6). The maps take into account economic, environmental, and educational indicators to determine resource status for census tracts. Of the 50 census tracts in Hayward, about 64% are considered Low Resource, 28% are considered Moderate Resource, and the remainder (8%) are considered High Resource. In comparison, 35% of census tracts in Alameda County are considered Low Resource, 25% of the census tracts are considered Moderate Resource, and 40% of census tracts are considered High Resource.

Appendix F, Sites Inventory, Figure F-48 and Table F-2, Sites Inventory by Census Tract Characteristics provides the location of Housing Element Sites in Relation to TCAC/HCD Opportunity Areas and shows that the Housing Element sites are located in Low and Moderate Resource areas because those are areas with access to transit, commercial uses and services, and where development trends indicate future development will occur. High resource tracts are located in the far eastern Hayward hills where there is very little development other than agricultural land and some portions of the southeastern portion of Hayward bordering Union City.

When considering this topic, is important to remember that people’s lived experience of a place might not assign it a “resource” quality and that people’s neighbors, communities, and families who live in these neighborhoods provide rich social and community connections that are valuable to residents. It is also important to note that livability and quality of place were important to community members throughout the outreach process, so the Housing Element contains programs to improve place-based strategies to encourage community conservation and revitalization to improve the quality of lived experiences within “low” resource areas.

Housing Element Programs: Appendix F, Table F-3, Fair Housing Issues, Contributing Factors and Key Programs contains a comprehensive list of Fair Housing-related Programs in the Housing Element that are intended to protect existing residents from displacement; improve place-based strategies to encourage community conservation and revitalization including conservation and preservation of existing affordable housing; encourage development of new affordable housing in areas of high opportunity; and enhance fair housing outreach and housing mobility strategies.

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See Appendix F, Fair Housing Assessment 14 (Attachment X) for an in-depth analysis of this topic.

Part 7, Housing Plan. The Housing Element (Attachment IV) concludes with a Housing Plan that the City will undertake in the next eight-year cycle to support, incentivize, and produce housing in the City. The Housing Plan contains the following Goals:
- Preserve, Conserve and Improve Existing Housing Stock - Assist in the Development of Affordable Housing
- Provide Adequate Sites
- Remove Constraints on Development
- Provide Housing for Persons with Special Needs and
- Provide Equal Housing Opportunities for All Persons
Each of the Goals is followed by a set of Policies, Actions, Objectives, Timeframes, and importantly sets forth the Responsible Agency and Funding Sources for achieving the Action.

Some Programs and related Actions are specific and measurable such as providing grants for home repair (Program H-1); conducting a certain number of rental inspections per year (H-2); providing housing subsidies to specific populations and holding a certain number of workshops for tenants and landlords every year (Programs H-7, H-20, H-21, H-22); and zoning text amendments to support a variety of housing types (Program H-13). Some Programs and Actions are intended to monitor, measure, and pivot, if needed, during the Housing Element cycle meet the subject Goal. These include: issuing Notices of Funding Availability that can only occur if funding is available (Programs H-3, H-4, H-7, H-19 and H21); monitoring development of ADUs and SB9 developments and implementing changes in procedures or the Municipal Code to incentivize development of this type of housing in High Resource areas throughout the City (Program H-17 and H-18); and providing expedited project review for affordable housing, which can take on many forms (Program H-16). Some of the Policies and Actions are prescribed by HCD but all of them are modified to meet Hayward’s specific characteristics, policies, practices, and community desires and needs.

Summary of HCD Comments and Modifications
On November 27, 2022, HCD provided a comment letter detailing necessary revisions to the Draft Housing Element in order to comply with State Housing Element Law (Attachment XII). Comments centered around providing additional information related to housing needs for specific populations; additional fair housing analysis; suitability of non-vacant sites for redevelopment; program changes for publicly owned land; processing and permit program changes related to emergency shelters, group homes, permanent supportive housing, employee housing and by right zoning for previously

14 Housing Element, Appendix F, Fair Housing Assessment. https://haywardhousingandclimateupdate.com/wpcontent/uploads/2022/12/Appendix-F-Fair-Housing-Assessment_HCD-Revisions_Revised-Submittal-Per-HCD-Comments.pdf

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used housing element sites; fees and exactions; energy conservation; and quantified objectives and public participation.

On December 8, 2022, city staff met with the HCD reviewer to discuss the comments and the City’s planned responses. HCD’s comments, the City’s response, and sections amended to address the comments are provided in Attachment XIII to this staff report and were released for a second public review between December 19, 2022 and January 2, 2023. The City did not receive any additional comments during the comment period on the recirculated Housing Element with the exception of a late comment noted in the Background section above and discussed further in Staff Analysis below.

On January 3, 2023, the City submitted the revised Draft Housing Element to HCD for review and has not received additional feedback from HCD.

Policy Context and Code Compliance
Pursuant to California Government Code Title 7, Division 1, Chapter 3, Article 10.6 [65580 – 65589.11], the Housing Element shall contain the following statutorily defined sections:

1. Housing Needs Assessment: Examine demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities).

2. Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.

3. Housing Resources and Sites Inventory: Identify locations of available sites for housing development or redevelopment to ensure there is enough land zoned for housing to meet the future need at all income levels as provided in the RHNA.

4. Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.

5. Housing Plan: Establish policies and programs to be carried out during the 2023-2031 planning period to fulfill the identified housing needs.

6. Affirmatively Furthering Fair Housing: Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing in this Housing Element Cycle by taking “meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” as mandated by the 1968 Fair Housing Act.

7. Community Engagement Plan: The Housing Element must include a robust community engagement program, reaching out to all economic segments of the community with an emphasis on traditionally underrepresented groups.

Pursuant to Hayward Municipal Code Section 10-1.3425(b), the City Council may recommend approval of an amendment to the General Plan upon making the following findings:

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1. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward;

2. The proposed change is in conformance with the purposes of the Zoning Ordinance and all applicable, officially adopted policies and plans;

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified; and

4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and further, a beneficial effect will be achieved which is not obtainable under existing regulations.

Findings
Staff believes that the City Council can make the findings to approve the Draft Housing Element as presented, with an amendment to add an Action related to coordination with labor groups and minor edits for typos (such as correcting the name of the Hayward Area Planning Association on Action 20.3), as detailed below.

In adopting State Housing Element Law, the legislature found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Government Code Section 65589.5.). As documented in the Draft Housing Element and specifically in Appendix A, Housing Needs Assessment, Hayward’s residents are also experiencing a crisis in affordability that is related to a lack of affordable housing, particularly for low-income and special needs households.

Staff believes that the Housing Element and related Appendices are consistent with State Law requirements and provide a comprehensive overview of public outreach and relationship building conducted throughout this Housing Element effort (Appendix A); a thorough overview of community demographics including special needs households (Appendix B); a description of housing resources including a robust sites inventory with a healthy buffer to accommodate the City’s RHNA (Appendix C); a thorough analysis of constraints to housing development (Appendix D); a review of past accomplishments (Appendix E15); and, a thorough fair housing analysis (Appendix F), all of which was used to develop a robust set of goals, policies, programs, and actions

15 Housing Element, Appendix E, Review of Past Accomplishments. https://haywardhousingandclimateupdate.com/wpcontent/uploads/2022/12/Appendix-E-Review-of-Past-Accomplishments_Revised-Submittal-Per-HCD-Comments.pdf

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intended to create more affordable housing to works towards meeting the needs of a variety and diversity of households over the next eight years (Housing Element, Section 7, Housing Plan).

The proposed Housing Element is in conformance with the purposes of the Zoning Ordinance, and all applicable, adopted policies and plans in that it will implement State Housing Law, and is consistent with the City’s Strategic Priorities related to housing and the Let’s House Hayward Plan. Several Actions set forth in the Housing Plan call for amendments to the Zoning Ordinance to comply with State Law and to incentivize a variety of housing types. Such amendments include the following:
- Replacement housing requirements (Action 10.1)
- By right approval for certain sites with minimum affordable requirements that were used in the previous Housing Element cycle (Action 11.1) - To allow for a variety of housing types on church owned properties and parking lots; and streamline processes to establish supportive housing, group homes, and emergency shelters (Actions 13.1 through 13.7)
- Update to reflect SB9 allowing urban lot splits and duplexes on single family residential lots (Action 18.1)
- Update of Reasonable Accommodations Ordinance (Action 19.14) The Amendments detailed above would implement the Housing Element, ensure consistency with State Law, and affirmatively further fair housing, particularly for special needs groups. Because the proposed Housing Element does not include any land use changes, its adoption would not have an impact on streets or public facilities.

The proposed Housing Element and related Housing Plan will be compatible with present and future uses, and a beneficial effect will be achieved following adoption of this Housing Element not obtainable under existing regulations in that the Housing Element contains an updated roadmap to achieve housing related goals to streamline housing production, allow for a variety of housing types to be developed throughout Hayward, and to allocate funding toward activities that will support special needs households. Realistically, the Housing Element will not be able to solve Hayward or the State’s housing crisis; however, it contains a roadmap to increase the amount and variety of housing available to Hayward’s residents and to assist our most vulnerable households.

Following the second public comment period, staff met with a representative from the Carpenters Union who reiterated their initial request that the City adopt an Ordinance for developments with ten or more units to include apprenticeship and local hire requirements. As described in the responses to comments provided in Appendix A to the Housing Element, staff believes that the adoption of such an Ordinance could be considered a new constraint to development, which is in opposition to Housing Element Law - to identify and remove constraints to the extent feasible. However, staff also acknowledges that availability of an adequate, trained workforce is a constraint to

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building additional housing. To this end, staff recommends that the following Action language be added to the Housing Plan as a new Action:

Recognizing that labor supply is a constraint to development, the City will meet with trades labor groups and organizations to discuss ways in which the City can support an adequate supply of labor to build new housing. Hold at least one meeting with labor groups per year.

Similar language was adopted by a neighboring jurisdiction; thus, staff does not believe that the addition of such language would be construed as a new constraint by HCD. The Planning Commission recommended that the motion above be expanded to include “contractors and others that employ construction laborers” to ensure that any identified constraints from union and non-union groups are understood and minimized to the extent feasible.

Following submittal of the adopted Housing Element, staff also recommends that the City Council authorize the Acting Development Services Director to make all non-substantive changes to the Housing Element to make it internally consistent or to address any nonsubstantive changes or amendments requested by the Department to achieve certification.

ECONOMIC IMPACT
The Housing Element is a long range policy document prepared pursuant to State Law that shows how the City can accommodate development of the RHNA, and contains specific goals, policies, and actions to remove constraints to development in order to achieve those housing goals. Production of more deed restricted affordable housing, education for homeowners and renters, strengthening renter protections, and provisions for low interest loans and grants to improve housing would likely have positive overall economic impacts for Hayward residents.

In addition, actions intended to remove or reduce regulatory constraints would have beneficial economic impacts for developers, trades unions and construction workers.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priorities to Preserve, Protect and Produce Housing and implementation of the following project:
 Preserve, Protect and Produce Housing – Project 8, Update the Housing Element Plan Specific Actions included within the Draft Housing Element would also implement additional housing-related Strategic Priorities:
 Preserve, Protect and Produce Housing – Project H2, Implement Let’s House Hayward:

The Homelessness Reduction Strategic Plan
 Preserve, Protect and Produce Housing – Project H4, Implement housing incentives and production work plan in accordance with State housing limits.

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 Preserve, Protect and Produce Housing – Project H6, Expend the Affordable Housing Trust funds.

FISCAL IMPACT
Adoption of the updated Housing Element will require City expenditures in order to accomplish all of the Actions detailed in the Plan over the eight-year cycle. It is not possible to estimate the costs associated with each of the individual Actions; however, many of the Actions are anticipated in the work plans of the Housing Division, Community Services Division, Planning Division, Code Enforcement Division and other Divisions and are anticipated in adopted plans such as the Let’s House Hayward Strategic Plan, Incentives to Housing Production Work Plan, Strategic Roadmap and Federal Stimulus Expenditure Plan to Address Economic Impacts of the Public Health Emergency. Some actions will require application for grant funds, partnership with developers or other entities, and may require additional budget allocation. This will be evaluated and included in the annual citywide budgeting process depending on the timeframe for completion of the Action.

Adoption of the Housing Element will have positive fiscal impacts in that it will make the City eligible for planning grants to accomplish much of this work, housing grants to construct new development, as well as transportation-related funding as most state funding hinges on adoption of and annual reporting on Housing Elements.

SUSTAINABILITY FEATURES
All new residential development shall comply with Title 24 of the California Building Code which is designed to reduce wasteful consumption of energy. In addition, the City’s Reach Code requires all new residential development to be designed as all electric and provide EV (electric vehicle) charging infrastructure above and beyond that required by the California Green Building Standards Code.

The Housing Element also includes a sites inventory and specific policies that support transit oriented development in close proximity to high frequency transit and services to reduce mobile source emissions (Policies H-3.2 and H-3.4); and, including a Sustainable Development Policy that supports construction of housing that is integrated into the building site, consuming less water, improving water quality, reducing energy use and the use of other resources, and minimizing development impacts on the surrounding environment (Policy H3.3).

PUBLIC CONTACT
Between August 2021 and August 2022, the Hayward Housing and Climate Team comprised of staff from the Planning Division, Environmental Services Division, and the Housing Division have conducted extensive outreach related to the Housing Element, Climate Action Plan and Environmental Justice Element including but not limited to:

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- Development of a project website with project information, interactive components, readings and videos about housing, Hayward history, climate change and environmental justice.
- Compilation of extensive contact lists for community and advocacy groups, faith-based and school organizations, Homeowners Associations, Neighborhood Groups, Mobile Home Parks, attendees at various events and interested parties who wrote in and requested to be notified about project updates.
- Development of a bilingual informational gallery that was used at farmers markets, the Hayward Main Branch Library, Chabot College, and at events for the Hayward Promise Neighborhood, NAACP, Hayward Community Family Fair, the Juneteenth Event and the Downtown Street Fair.
- Focus group with Community Resources for Independent Living (CRIL) - Partnership with Chabot College to interview over 400 Hayward residents around the topic of housing, segregation, community amenities and environmental pollution in neighborhoods.
- Social media campaign
- Bilingual flyers in water bills and excise tax bills to all households in Hayward - Handing out flyers at grocery stores, farmers market, laundromats, and BART - Development of housing and climate surveys in English, Spanish and Chinese and prizes for participation
- Balancing Act Housing Sites Simulation activity
- Four community workshops on Housing, Environmental Justice, and the Climate Action Plan
As described in the Background section above, the Draft Housing Element was released for a 30-day public review from July 14, 2022 to August 14, 2022. The City received 15 comment letters from organizations and members of the public. Copies of all of the comment letters and the City’s responses to comments and questions, including where and if the Housing Element was modified, are included at the end of Appendix A, Public Participation Report, of the Housing Element.

On July 27, 2022, the City held a public workshop to take questions and comments on the Draft Housing Element. The conversation at the workshop centered around housing and services for individuals experiencing homelessness, a desire to see more affordable housing production for minimum wage workers and students, and a desire to see more inclusionary housing. Overall, in response to public comments in the letters and at the workshop, the City provided clarifying information and added a policy related to Fair Chance Housing to provide support for individuals with poor credit history, poor or no references, formerly incarcerated, and others to fairly obtain housing. The updated Draft Housing Element was re-released for public review between December 19, 2022 and January 2, 2023.

On January 27, 2023 and January 17, 2023, respectively, notice of this public hearing was published in The Daily Review and sent to the City’s email contact list containing community and advocacy groups, faith-based and school organizations, Homeowners Associations, Neighborhood Groups, Mobile Home Parks, attendees at various events, and interested parties who wrote in and requested to be notified about project updates.

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ENVIRONMENTAL REVIEW
On July 1, 2014, the City Council adopted Resolution No. 14-108, approving the Hayward 2040 General Plan Update and related Program Environmental Impact Report (EIR)16.

In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Such conditions include:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

An EIR Addendum (Attachment III) was prepared for the Housing Element Update Project finding that the proposed project would not require rezoning or land use changes not

16 Hayward 2040 General Plan Draft and Final EIR with Mitigation Monitoring and Reporting Program: https://www.hayward-ca.gov/yourgovernment/documents/planning-documents

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previously known or analyzed in the General Plan EIR; therefore, the previously certified EIR and Mitigation Monitoring and Reporting Program remains valid and applicable with the proposed General Plan Amendment.

NEXT STEPS
Following adoption of the Draft Housing Element, staff will incorporate any changes recommended by the City Council and submit the final adopted version to HCD for certification. The accompanying Resolution would authorize the Acting Development Services Director to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by HCD to achieve certification. Substantive changes could result in further outreach, public review and an additional General Plan Amendment, which would require review and approval by the City Council.

Prepared by: Leigha Schmidt, Principal Planner
Recommended by: Sara Buizer, AICP, Acting Development Services Director Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member ________________

RESOLUTION ADOPTING A GENERAL PLAN AMENDMENT TO UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031 WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Hayward Regional Housing Need Allocation (RHNA) of 4,624 housing units, comprised of 1,075 very-low income units, 617 low-income units, 817 moderate-income units, and 2,115 above moderate-income units; and WHEREAS, the City has prepared an update to the Housing Element in compliance with State Housing Element Law, and adoption of the Housing Element Update constitutes a General Plan Amendment; and
WHEREAS, California Government Code Section 65583 requires that the Housing Element Update contain: (i) an assessment of the City’s housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a

ATTACHMENT II

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schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update; and
WHEREAS, State law further requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and WHEREAS, on May 11, 2022, as provided in Government Code Sections 65352 – 65352.5, Hayward provided project information related to the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission. Following that notice, a representative from the Confederated Villages of Lisjan Nation requested a consultation about the Housing Element Update; and WHEREAS, on August 3, 2022, the City of Hayward met with representatives from the Confederated Villages of Lisjan Nation to discuss the Housing Element Update in general and the sites inventory, in particular. At that meeting, Tribal representatives requested to be added to the list to receive notification about future development projects. On October 20, 2022, following written notification to the Confederated Villages of Lisjan Nation, the City closed formal consultation on the Housing Element Update; and WHEREAS, the City conducted extensive community outreach over the last year and a half including development of an interactive, educational project website; social media posts; dissemination of a multi-lingual housing survey; compilation of extensive contact lists for community and advocacy groups, faith-based and school organizations, Homeowners Associations, Neighborhood Groups, Mobile Home Parks, attendees at various events and interested parties who wrote in and requested to be notified about Housing Element project updates; use of a Housing Sites Simulation tool; creation of a bilingual informational gallery used throughout the City including farmers markets, the Hayward Main Branch Library, Chabot College, and at events for the Hayward Promise Neighborhood, the NAACP, Hayward Community Family Fair, the Juneteenth Event and the Downtown Street Fair; and, focus groups and community workshops related to housing, environmental justice and climate change; and
WHEREAS, on June 23, 2022 and July 5, 2022, respectively, the Planning Commission and City Council held work sessions on the Draft Housing Element focusing discussion on the proposed sites inventory and the Housing Plan. Based on feedback at these work sessions, staff updated the Housing Element sites inventory to remove sites intended for commercial uses, bolstered programs related to outreach and education, and clarified information about publicly owned land; and
WHEREAS, the Draft Housing Element was made available for a 30-day public review from July 14, 2022 to August 14, 2022. The City received 15 comment letters from organizations and members of the public. Copies of all of the comment letters and the City’s responses to comments and questions, including where the Housing Element was modified

ATTACHMENT II

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in accordance with the comments, are included in Appendix A, Public Participation Report, of the Housing Element Update. In response to public comment the City answered questions, provided clarifying information, added a new policy related to Fair Chance Housing to provide support for individuals with poor credit history, poor or no references, formerly incarcerated and others to fairly obtain housing; and
WHEREAS, on August 31, 2022, the City submitted the Draft Housing Element to the State Department of Housing and Community Development (HCD) for its review. HCD provided written comments on November 28, 2022. Based on those comments, a subsequent meeting and correspondence with HCD, the City revised the Draft Housing Element; and WHEREAS, the City released the revised and updated Draft Housing Element for a second 15-day public comment period between December 19, 2022 and January 2, 2023. The City did not receive any comments during this comment period; however, on January 4, 2023, after the public comment period closed, a representative from the Carpenters Union reached out to the City to discuss the addition of a new Action related to annual meetings to discuss ways the City can support an adequate supply of labor which is an identified constraint to housing development; and
WHEREAS, on January 3, 2023, the City resubmitted the revised Draft Housing Element to HCD and has not received any additional comments on the document; and WHEREAS, on January 26, 2023, the Planning Commission held a duly and properly noticed public hearing and recommended 7:0 that the City Council adopt the Housing Element and expand the recommended Action related to meeting annually with trades unions to include “contractors and other groups that employ construction laborers” in order to support all efforts to expand the labor pool; and
WHEREAS, on February 7, 2023, the City Council conducted a duly noticed public hearing, reviewed the Housing Element and Appendices, HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and determined the Housing Element to be consistent with State law and the Hayward 2040 General Plan; and
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following findings and takes the following actions:

The foregoing recitals are true and correct and are incorporated by reference into this action.

ATTACHMENT II

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CALIFORNIA ENVIRONMNTAL QUALITY ACT
A. In July 2014, the City Council certified a Final Program Environmental Impact Report, adopted the Statement of Overriding Considerations, approved the Mitigation Monitoring and Reporting Program, Adopted the Hayward 2040 General Plan, and Approved related amendments to the General Plan Land Use Map for certain properties in the Planning Area.

B. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164, Rincon prepared an Addendum, dated January 2023, analyzing amendments to the General Plan. Specifically, the project consists of a comprehensive update to the City of Hayward Housing Element, a comprehensive update to the City of Hayward Hazards Element, and the addition of the City of Hayward Environmental Justice Element, which were altogether referred to and analyzed as the “project” throughout the Addendum.

C. In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an Addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Specifically, an Addendum is appropriate when there has been no substantial change proposed in the project or the circumstances under which the project is being undertaken, nor is there any new information that would require additional environmental review. In this case, the proposed Project would not require rezoning or land use changes not previously known or analyzed in the General Plan EIR; therefore, the previously certified Mitigation Monitoring and Reporting Program remains valid and applicable with the Amendments.

D. Pursuant to CEQA Guidelines 15164(g), an Addendum need not be circulated for public review but can be included in or attached to the Final EIR.

E. The adopted Final EIR identified all potential significant adverse impacts and feasible mitigation measures that would reduce impacts to a level of less than significant, and that all the applicable mitigation measures identified in the Mitigation Monitoring and Reporting Program and related to the proposed project will be implemented, if applicable, as described in the Addendum. Based on the Final EIR and the Addendum, there is no substantial evidence that the Project would have a significant effect on the environment.

F. The project complies with CEQA, and that the previously certified Final EIR, Mitigation Monitoring and Reporting Program and Addendum was reviewed and considered prior to approving the project.

ATTACHMENT II

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GENERAL PLAN AMENDMENT
A. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward.

In adopting State Housing Element Law, the legislature found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Government Code Section 65589.5.). As documented in the Draft Housing Element and specifically in Appendix A, Housing Needs Assessment, Hayward’s residents are also experiencing a crisis in affordability which is related to a lack of affordable housing, particularly for low-income and special needs households.

The Housing Element and related Appendices are consistent with State Law requirements and provide a comprehensive overview of public outreach and relationship building conducted throughout this Housing Element effort (Appendix A); a thorough overview of community demographics including special needs households (Appendix B); a description of housing resources including a robust sites inventory with a healthy buffer to accommodate the City’s RHNA (Appendix C); a thorough analysis of constraints to housing development (Appendix D); a review of past accomplishments (Appendix E1); and, a thorough fair housing analysis (Appendix F), all of which was used to develop a robust set of goals, policies, programs and actions intended to create more affordable housing to works towards meeting the needs of a variety and diversity of households over the next eight years (Housing Element, Section 7, Housing Plan).

The addition of an Action related to working with skilled labor groups to discuss ways in which the City can support an adequate supply of labor to build new housing will further address constraints to development.

There is substantial proof that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward in that the amendments are being undertaken to comply with State Law. Compliance with State Law and annual reporting on ongoing compliance is required for local jurisdictions to access State funding sources, and a compliant Housing Element makes the City more competitive for grant funding to construct affordable housing and infrastructure improvements. While it will not solve the State, regional or local housing crisis, the proposed Housing Plan contains a roadmap to meet the City’s Regional Housing Needs Allocation, remove constraints for all housing and for housing for special needs populations in particular and allocates

1 Housing Element, Appendix E, Review of Past Accomplishments. https://haywardhousingandclimateupdate.com/wpcontent/uploads/2022/12/Appendix-E-Review-of-Past-Accomplishments_Revised-Submittal-Per-HCD-Comments.pdf

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funding and resources towards repairing and rehabilitating aging housing stock, inspecting rental housing, fair housing education and resources, and other services that will serve Hayward’s residents.

B. The proposed change is in conformance with the purposes of the Zoning Ordinance and all applicable, officially adopted policies and plans.

The proposed Housing Element is in conformance with the purposes of the Zoning Ordinance, and all applicable, adopted policies and plans in that it will implement State Housing Law, and is consistent with the City’s housing-related Strategic Priorities as well as the Let’s House Hayward Plan. Several Actions set forth in the Housing Plan call for amendments to the Zoning Ordinance to comply with State Law and to incentivize a variety of housing types, particularly for special needs populations including but not limited to individuals with disabilities, individuals experiencing homelessness, children aging out of foster care, extremely low-income households, among others. Such amendments include the following:
- Replacement housing requirements (Action 10.1)
- By right approval for certain sites with minimum affordable requirements that were used in the previous Housing Element cycle (Action 11.1) - To allow for a variety of housing types on church owned properties and parking lots; and streamline processes to establish supportive housing, group homes, emergency shelters (Actions 13.1 through 13.7)
- Update to reflect SB9 allowing urban lot splits and duplexes on single family residential lots (Action 18.1)
- Update of Reasonable Accommodations Ordinance (Action 19.14) The Amendments detailed above would implement the Housing Element, ensure consistency with State Law and affirmatively further fair housing, particularly for special needs groups.

C. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified.

The proposed General Plan Amendment to include the 2023-2031 Housing Element does not include any land use changes in order to accommodate the Regional Housing Needs Allocation. Further, the Zoning Text Amendments outlined above would not result in significant land use changes that would impact streets or public facilities in that the amendments would allow for a variety of household types to occupy properties intended for residential uses; therefore it’s adoption would not have an impact on streets or public facilities.

D. All uses permitted when property is reclassified will be compatible with present and potential future uses, and further, a beneficial effect will be achieved which is not obtainable under existing regulations.

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Further, the General Plan Amendment to adopt the 2023-2031 Housing Element is being undertaken to comply with State Law. Compliance with State Law and annual reporting on ongoing compliance is required for local jurisdictions to access State funding sources, and a compliant Housing Element makes the City more competitive for grant funding to construct affordable housing and infrastructure improvements, which would not be available to the City otherwise.

HOUSING ELEMENT
A. The Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq. and contains all provisions required by State Housing Element Law, as detailed in the Housing Element and all Appendices, incorporated by reference herein.

B. Based on substantial evidence in the record provided in the Housing Element, Appendix C, Housing Resources, based on improvement to land value ratio, existing use versus potential under current zoning, age of structure, market demand, floor area ratio and ownership patterns, the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period.

C. As required by Government Code Section 65585(e), the City Council has considered the comments made by the Department of Housing and Community Development included in the Department’s letter to the Hayward dated November 28, 2022, consistent with Government Code Section 65585(f), and as described in Attachment B to the staff report, incorporated herein by this reference, the City of Hayward has changed the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.

D. The Development Services Director or designee is hereby directed to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any

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non-substantive changes or amendments requested by the Department to achieve certification.

E. The Development Services Director or designee is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 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
Housing Element Update, Hazards Element
Update and New Environmental Justice Element
Addendum to the City of Hayward General
Plan 2040 Environmental Impact Report
SCH # 2013082015
prepared by
City of Hayward
Development Services Department, Planning Division
777 B Street
Hayward, California 94541
Contact: Leigha Schmidt, Principal Planner
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
January 2023

ATTACHMENT III
Table of Contents
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report i Table of Contents
1 Introduction....................................................................................................................................1 2 Background.....................................................................................................................................2

2.1 Hayward 2040 General Plan ...............................................................................................2

2.2 Hayward 2040 General Plan EIR .........................................................................................2 3 Project Description .........................................................................................................................4

3.1 Housing Element Update ....................................................................................................4

3.1.1 Project Description .............................................................................................4

3.1.2 Project Context...................................................................................................5

3.2 Hazards Element Update ....................................................................................................6

3.2.1 Project Description .............................................................................................6

3.2.2 Project Context...................................................................................................6

3.3 New Environmental Justice Element ..................................................................................7

3.3.1 Project Description .............................................................................................7

3.3.2 Project Context...................................................................................................7

3.4 Discretionary Action............................................................................................................8

3.5 Prior Environmental Document..........................................................................................8

3.6 Relationship of the Proposed Project to Previous EIR Analysis..........................................8 4 Decision Not to Prepare a Subsequent Environmental Impact Report....................................... 10 5 Environmental Impacts................................................................................................................ 11

5.1 Aesthetics......................................................................................................................... 11

5.2 Agriculture and Forestry Resources................................................................................. 13

5.3 Air Quality ........................................................................................................................ 14

5.4 Biological Resources......................................................................................................... 16

5.5 Cultural Resources ........................................................................................................... 17

5.6 Energy .............................................................................................................................. 18

5.7 Geology and Soils............................................................................................................. 20

5.8 Greenhouse Gas Emissions.............................................................................................. 21

5.9 Hazards and Hazardous Materials ................................................................................... 22

5.10 Hydrology and Water Quality .......................................................................................... 24

5.11 Land Use and Planning..................................................................................................... 25

5.12 Mineral Resources ........................................................................................................... 26

5.13 Noise ................................................................................................................................ 27

5.14 Population and Housing................................................................................................... 29

5.15 Public Services.................................................................................................................. 30

5.16 Recreation........................................................................................................................ 31

5.17 Transportation ................................................................................................................. 32 City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element ii

5.18 Tribal Cultural Resources................................................................................................. 34

5.19 Utilities and Service Systems ........................................................................................... 36

5.20 Wildfire ............................................................................................................................ 37 6 Conclusion.................................................................................................................................... 39 7 References................................................................................................................................... 40

7.1 References ....................................................................................................................... 40

7.2 List of Preparers............................................................................................................... 40 Introduction
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 1 1 Introduction
This document is an addendum to the City of Hayward General Plan 2040 Final Environmental Impact Report (EIR) (State Clearinghouse #2013082015), which was certified by the City of Hayward City Council in July 2014 (2014 General Plan EIR). This addendum addresses the proposed Housing Element Update, Hazards Element Update, and New Environmental Justice Element (“project”).

In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, codified in Sections 15000 et seq. of Title 14 of the California Code of Regulations, a lead agency must prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Under Section 15162(a), where an EIR has been certified for a project, no subsequent EIR shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are substantial changes in the project or circumstances or substantially important new information that will cause the project to have significant new impacts or substantially increase previously identified significant impacts.

The addendum does not need to be circulated for public review but can be included in or attached to the Final EIR (Section 15164[c]). The decision-making body must consider the addendum with the final EIR prior to making a decision on the project (Section 15164[d]). An addendum should include a brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162, supported by substantial evidence, the lead agency's findings on the project, or elsewhere in the record (Section 15164[e]). A discussion on this topic can be found in Section 4, Decision Not to Prepare a Subsequent Environmental Impact Report, of this addendum.

This addendum has been prepared in accordance with relevant provisions of CEQA (California Public Resources Code Section 21000, et seq.) and the CEQA Guidelines. It describes the proposed project and compares its impacts to those identified in the 2014 General Plan EIR. The analysis demonstrates that the proposed project does not require the preparation of a subsequent or supplemental EIR.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 2 2 Background
This section provides an overview of the Hayward 2040 General Plan and its EIR to provide context for this addendum.

2.1 Hayward 2040 General Plan
On July 1, 2014, the City Council of the City of Hayward approved the Hayward 2040 General Plan.

The City’s General Plan provides goals, policies, and programs intending to guide development in the City for 26 years through the planning horizon year of 2040. The General Plan includes 10 elements, including Land Use and Community Character; Mobility; Economic Development; Housing; Community Safety; Natural Resources; Hazards; Education and Lifelong Learning; Community Health and Quality of Life; and Public Facilities and Services which comprise those General Plan elements required by State law (Land Use, Circulation, Housing, Open Space, Conservation, Noise, and Safety), as well as three additional elements. The purpose of the General Plan is to:
 Identify land use, transportation, environmental, economic, and social goals and policies as they relate to land use and development.
 Provide a basis for a community’s decision-making regarding land use.  Provide citizens an opportunity to participate in the planning and decision-making process.  Inform citizens, developers, decision-makers, and others of the ground rules that guide development in the community.

The City of Hayward’s planning area is located approximately 20 miles southeast of San Francisco, in an area commonly referred to as the “East Bay.” The project planning area includes all the land in the City’s Sphere of Influence as defined by the Alameda County Local Agency Formation Commission (LAFCO), including all land within the Hayward City limits and adjacent unincorporated county land, including Garin Regional Park, open space areas east of the City, portions of San Lorenzo and Castro Valley, and the communities of Hayward Acres, Cherryland, and Fairview.

2.2 Hayward 2040 General Plan EIR
The City Council certified the EIR for the General Plan (2014 General Plan EIR) in July 2014. The 2014 General Plan EIR evaluated potential environmental consequences associated with the General Plan, focusing in depth on the following environmental issue areas:
 Aesthetics and Visual Resources
 Agricultural and Forestry Resources
 Air Quality
 Biological Resources
 Geology, Soils, and Minerals
 Global Climate Change and Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Historic and Cultural Resources
 Hydrology and Water Quality
 Land Use and Planning
 Noise
 Population and Housing
 Public Services
 Transportation and Circulation
 Utilities and Service Systems
Background
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 3 The 2014 General Plan EIR found that the General Plan’s goals, policies, and programs as well as required mitigation measures would reduce most of the potential environmental impacts that would occur due to buildout of the General Plan. However, impacts related to air quality, noise, and transportation and circulation were determined to be significant and unavoidable. Accordingly, the City adopted a Statement of Overriding Considerations for these significant and unavoidable impacts as required under CEQA Guidelines Section 15093.

The 2014 General Plan EIR studied the impacts of an estimated buildout of 67,112 dwelling units and a population of 208,047 within Hayward City limits and an estimated buildout of 85,794 dwelling units and a population of 265,962 within the Hayward Planning Area1.

The General Plan Draft EIR and Final EIR are available online at: https://www.hayward-ca.gov/yourgovernment/documents/planning-documents and are incorporated herein by reference. 1 Assuming an average household size of 3.1 persons per household City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 4 3 Project Description
The project consists of a comprehensive update to the City of Hayward Housing Element (herein referred to as “Housing Element Update”), a comprehensive update to the City of Hayward Hazards Element (herein referred to as “Hazards Element Update”), and the addition of the City of Hayward Environmental Justice Element (herein referred to as “Environmental Justice Element”), which are altogether referred to as the “project.”

3.1 Housing Element Update

3.1.1 Project Description
State law requires that housing elements be updated every eight years (California Government Code Sections 65580 to 65589.8). The Housing Element Update identifies residential sites adequate to accommodate a variety of housing types for all income levels and needs of special population groups, defined under State law (California Government Code Section 65583). It analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all persons. The City of Hayward Housing Element is being updated as part of the State’s 6th cycle Regional Housing Needs Assessment (RHNA) allocation. For Hayward, the planning period runs from January 31, 2023 through January 31, 2031.

The project would bring the City’s Housing Element into compliance with State legislation passed since the publication of the previous (5th Cycle) Housing Element (adopted in December 2014). The Housing Element Update includes a housing sites inventory (Appendix C of the Housing Element) that demonstrates how the city plans to meet its 6th cycle RHNA allocation. However, no formal land use changes or physical development are proposed at the time of adoption of the Housing Element.

The Housing Element Update will not, in and of itself, result in environmental impacts as it does not propose to develop any projects. Rather, it establishes objectives and policies designed to guide future development as the City works to achieve State-mandated housing goals. Specifically, the City’s Regional Housing Needs Allocation (RHNA) as shown in the table below.

Extremely
Low Income
Very Low
Income Low Income
Moderate
Income
Above Moderate
Income Total
Dwelling Units 547 528 617 817 2,115 4,624
Future development will require project-specific developmental review as potential impacts are location-specific and cannot be assessed in a meaningful way until a project site and development proposal are identified. When a specific development proposal is considered for approval, that project would be subject to adopted development guidelines/standards and it must comply with the 2040 General Plan policies and actions listed as mitigation measures in the certified 2014 General Plan EIR (in accordance with CEQA Guidelines Section 15168[c][3]). If a subsequent activity (in this case a specific development proposal) would have effects not identified in the program EIR (the 2014 General Plan EIR and this Addendum), the lead agency must prepare additional CEQA documentation prior to project approval.

Project Description
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 5 This Addendum, therefore, analyzes the changes and potential impacts related to the adoption of Housing Element Update. No physical development or land use changes are addressed or evaluated.

The City would analyze land use changes separately to demonstrate compliance with the requirements of CEQA, if necessary. This Addendum is intended to demonstrate consistency of the Housing Element Update with the existing 2014 General Plan EIR to comply with the requirements of CEQA. In particular, and in line with Public Resources Code Section 21083.3, this Addendum Evaluation assesses whether the updated Housing Element, as a policy and programs document, includes impacts not addressed or analyzed as significant effects in the 2014 General Plan EIR.

3.1.2 Project Context
The purpose of the Housing Element is to achieve an adequate supply of decent, safe, and affordable housing for Hayward’s existing and future workforce, residents, and special needs populations. Housing Element law is designed to ensure that low-income families are not excluded from opportunities in all communities and to promote economic and environmental sustainability throughout the region. The Housing Element strives to conserve the city’s existing housing stock, while affirmatively furthering fair housing and providing opportunities for new housing for all economic segments of the community.

State Housing Element law requires that local jurisdictions describe and analyze the housing needs of their community, the barriers or constraints to providing that housing, and actions proposed to address these concerns over an eight-year period. In addition, Housing Element law requires each city and county to accommodate its “fair share” of projected housing need over the Housing Element planning period. Cities and counties must demonstrate that adequate sites are available to accommodate this need, and that the jurisdiction allows for development of a variety of housing types. This housing need requirement is known as the RHNA and apportions to each jurisdiction its portion of the Bay Area’s projected need.

To make adequate provision for the housing needs of all economic segments of the community, the Housing Element establishes goals, policies, and programs to:
 Conserve and improve the condition of the existing affordable housing stock;  Assist in the development of housing affordable to low and moderate income households;  Identify adequate sites to encourage the development of a variety of types of housing for all income levels;
 Address and, where appropriate and legally possible, affirmatively further fair housing and remove governmental constraints to the maintenance, improvement, and development of housing;
 Promote equal housing opportunities for all persons; and  Provide for the special housing needs of seniors, persons with disabilities, large families with children, single female-headed households, and the homeless.

The goals and policies of the Housing Element are closely related to several other elements of the General Plan, including the Land Use and Community Character Element and the Community Health and Quality of Life Element.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 6 3.2 Hazards Element Update

3.2.1 Project Description
The Hazards Element (also referred to as a Safety Element in State Law) is one of seven required elements of the General Plan and specifically addresses natural hazards and environmental risks to the community. Hayward’s Hazards Element is included in the General Plan.

California Government Code Section 65302(g) requires all local jurisdictions to update their Safety Element upon each revision of the Housing Element or Local Hazard Mitigation Plan. Hayward’s Hazards Element Update will occur shortly after the Housing Element Update. The State of California specifies types of information that must be updated, notably, climate change resiliency and adaptation mitigation. Other topics relating to natural hazards, which are already addressed in the Hazards Element but may be updated as necessary to reflect new information, include: fire risk, seismic risk, flood risk, site contamination, and the City’s ability to respond to natural and manmade disasters.

This Addendum, therefore, analyzes the changes and potential impacts related to the adoption of Hazards Element Update. No physical development or land use changes are addressed or evaluated.

The City would analyze land use changes separately to demonstrate compliance with the requirements of CEQA, if necessary. This Addendum is intended to demonstrate consistency of the Hazards Element Update with the existing 2014 General Plan EIR to comply with the requirements of CEQA. In particular, and in line with Public Resources Code Section 21083.3, this Addendum Evaluation assesses whether the Hazards Element Update, as a policy and programs document, includes impacts not addressed or analyzed as significant effects in the 2014 General Plan EIR.

3.2.2 Project Context
The city of Hayward is located in a region that is prone to a variety of natural disasters. The city’s geologic setting was formed by regional and local earthquake faults, many of which are still active and can generate devastating damage to buildings and infrastructure in the event of an earthquake.

The city’s climate can also create hazardous conditions. Severe winter and spring storms can cause landslides in hillside areas and flooding along stream corridors and low-lying areas near the San Francisco Bay. Dry weather during spring and summer months can create hazardous conditions related to wildland fires, which when combined with strong Diablo winds, pose a significant risk to hillside neighborhoods. Climate change is projected to increase the frequency and severity of climate hazards, including increased flood, landslide, drought, extreme heat, and wildfire risks. In addition to natural hazards, Hayward also has a number of transportation facilities and industrial businesses that create risks for man-made hazards, such as aircraft accidents, hazardous material spills, and exposure to excessive noise.

While it is impossible to completely avoid natural and man-made hazards, the Hazards Element establishes goals and policies to protect life, encourage education and preparation for natural hazard events and minimize property damage during future disasters and emergencies. The goals and policies address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise.

Several other Elements of the General Plan provide supporting goals and policies that will help the Hayward community prepare for and respond to hazards, including the Community Safety Element, Project Description
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 7 the Public Facilities Element, the new Environmental Justice Element, and the Community Health and Quality of Life Element.

3.3 New Environmental Justice Element

3.3.1 Project Description
Environmental Justice is a concept focused on addressing the systemic causes of the unequal environmental burden placed on disadvantaged communities, especially minority and low-income populations. Efforts towards environmental justice have aimed to improve the status of disadvantaged communities through effective planning and policy decisions. In California, the Planning for Healthy Communities Act of 2016 (Senate Bill 1000), was established to address the role of environmental justice in local and regional planning practice. Formally, California law defines “environmental justice” as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (Government Code Section 65040.12[e]). Through Senate Bill 1000, jurisdictions are now required to identify environmental justice communities (called “disadvantaged communities”) within their planning area and incorporate environmental justice into their general plans.

This Addendum, therefore, analyzes the changes and potential impacts related to the adoption of a new Environmental Justice Element. No physical development or land use changes are addressed or evaluated. The City would analyze land use changes separately to demonstrate compliance with the requirements of CEQA, if necessary. This Addendum is intended to demonstrate consistency of the Environmental Justice Element with the 2014 General Plan EIR to comply with the requirements of CEQA. In particular, and in line with Public Resources Code Section 21083.3, this Addendum Evaluation assesses whether the new Environmental Justice Element, as a policy and programs document, includes impacts not addressed or analyzed as significant effects in the 2014 General Plan EIR.

3.3.2 Project Context
Historically, negative environmental impacts have been shown to disproportionately affect marginalized populations, including racial, ethnic, and socioeconomic minorities. As a result of these environmental impacts, marginalized populations tend to have poorer health and safety outcomes relative to the broader population. The various environmental impacts that tend to affect marginalized populations include but are not limited to increased exposure to pollutants, increased proximity to contaminated facilities/structures, and decreased access to public resources relative to other communities. These environmental impacts are directly linked to one another and thus can result in a compounded environmental burden on certain populations.

As described in the new Environmental Justice Element, none of the 37 census tracts within Hayward meet the state definition of a “disadvantaged community”; however, there are neighborhoods that have measurable impacts in various areas, referred to as population and/or pollution burdens, which can be addressed through this new element.

The City of Hayward is committed to promoting environmental justice through the effective implementation of this Environmental Justice Element. The Environmental Justice Element contains a comprehensive set of goals and policies aimed at increasing the role and influence of historically marginalized populations within their communities and reducing their exposure to environmental City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 8 and health hazards. The goals and policies in this plan are centered around six focus areas. These focus areas are areas identified by the California Government Code Section 65302(h) as policy topics necessary for reducing the unique or compounded health risks in disadvantaged communities. The six focus areas are as follows:
 Pollution Exposure and Air Quality
 Public Facilities
 Safe and Sanitary Homes
 Physical Activity and Public Health
 Food Access
 Civic and Community Engagement
The Environmental Justice Element is divided into three sections. The first section is a summary of the public participation opportunities included as part of the Element development process. The second section presents the methodology used to identify environmental justice communities in Hayward. The third section outlines the environmental justice goals and policies and provides a summary of the baseline environmental conditions associated with each goal. The goals, policies, and programs describe how the City of Hayward will incorporate environmental justice into decision making and support positive outcomes for affected residents.

3.4 Discretionary Action
Implementation of the project would require the following discretionary actions by the City of Hayward Planning Commission/City Council:
 Approval of an Addendum to the 2014 General Plan EIR
 Adoption of a General Plan Amendment to incorporate the 2023-2031 Housing Element Update  Adoption of a General Plan Amendment to incorporate the Hazards Element Update  Adoption of a General Plan Amendment to incorporate the new Environmental Justice Element

3.5 Prior Environmental Document
City of Hayward, General Plan Update Environmental Impact Report (General Plan Update EIR).

State Clearinghouse Number 2013082015, certified July 2014. This document can be viewed on the City of Hayward Planning Documents Website: https://www.hayward-ca.gov/yourgovernment/documents/planning-documents

3.6 Relationship of the Proposed Project to Previous EIR Analysis
The City of Hayward adopted the 2040 General Plan on July 1, 2014. It includes goals and polices that convey the City’s long-term vision and guide local decision making to reach that vision. The 2014 General Plan EIR assessed impacts from the implementation of the General Plan and was certified in 2014 when then City Council approved the General Plan. Development under the project would be required to abide by all applicable goals and policies in the adopted General Plan. The proposed Housing Element Update, Hazards Element Update, and new Environmental Justice Project Description
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 9 Element do not include changes to the policies or land use designations of the General Plan or any other amendments to the General Plan; they would also not involve or facilitate development in areas not assumed for development in the certified 2014 General Plan EIR. The location and general footprint of development under the project would be the same as for the citywide buildout analyzed in the 2014 General Plan EIR. The proposed project would be consistent with the 2040 General Plan goals and policies to that encourage the development of affordable housing.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 10 4 Decision Not to Prepare a Subsequent
Environmental Impact Report
As outlined in CEQA Guidelines Section 15164, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred. The conditions described in Section 15162 include the following:

Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The impact analysis that follows demonstrates that the proposed Housing Element Update, Hazards Element Update, and new Environmental Justice Element would not result in new significant environmental impacts beyond those that have already been identified and characterized in the 2014 General Plan EIR, and that there are no substantial changes in the project or circumstances or substantially important new information that would cause the project to have significant new impacts or substantially increase previously identified significant impacts. None of the conditions described above in CEQA Guidelines Section 15162 that would call for preparation of a subsequent EIR have occurred or would occur as a result of the proposed project. Therefore, this addendum is the appropriate level of environmental documentation under CEQA. This addendum will be considered by the City’s decision-making body in its consideration of the proposed project.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 11 5 Environmental Impacts
This addendum evaluates potential environmental impacts that could result from the proposed project in the context of/compared to the growth projections and impacts studied in the 2014 General Plan EIR. The existing environmental conditions in and around the project area are substantially the same under present conditions as described in the 2014 General Plan EIR except where conditions have changed in accordance with the assumptions of the 2014 General Plan and related EIR. The analysis below provides updates where necessary to characterize potential impacts.

Appendix G of the CEQA Guidelines provides a checklist of environmental issue areas suggested for assessment in CEQA analyses. Since preparation of the 2014 General Plan EIR, revisions to the CEQA Guidelines have occurred to include environmental issue areas pertaining to energy, vehicle miles traveled (VMT), tribal cultural resources, and wildfire. To provide a thorough and conservative analysis of potential impacts associated with the proposed project, this addendum addresses the 20 environmental issue areas suggested by Appendix G of the 2022 CEQA Guidelines, listed below.  Aesthetics
 Agriculture and Forest Resources
 Air Quality
 Biological Resources
 Cultural Resources
 Energy
 Geology and Soils
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Hydrology and Water Quality
 Land Use and Planning
 Mineral Resources
 Noise
 Population and Housing
 Public Services
 Recreation
 Transportation
 Tribal Cultural Resources
 Utilities and Service Systems
 Wildfire
Potential environmental impacts of the proposed project are analyzed to determine whether they are consistent with the impact analysis provided in the 2014 General Plan EIR, and whether additional mitigation measures are required to minimize or avoid further potential impacts. Where the following analysis identifies impacts, discussion of previously identified mitigation measures from the 2014 General Plan EIR and existing applicable policies and regulations are discussed, as relevant, with respect to mitigating potential impacts from the proposed project.

5.1 Aesthetics
Impacts Identified in the 2014 General Plan EIR
Impacts related to aesthetics were analyzed on pages 5-1 through 5-34 of the 2014 General Plan EIR. The 2014 General Plan EIR determined that cumulative mitigating benefits of the General Plan programs and policies would result in a less than significant impacts to scenic vistas; scenic resources; visual character or quality; and light or glare that would affect day or nighttime views.

Therefore, impacts regarding aesthetics were determined to be less than significant, and no mitigation was required.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 12 Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR. The Housing Element Update does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and will not create new sources of substantial light or glare which adversely affects views. Future development would be required to undergo site-specific environmental review, and be subject to adopted development guidelines, including standards that govern visual quality and community design.

Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and will not create new sources of substantial light or glare which adversely affects views.

Policies within the Environmental Justice Element are meant to aid areas of the city that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. Thus, the Environmental Justice Element is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and will not create new sources of substantial light or glare which adversely affects views.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 13 Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to aesthetics than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. Existing General Plan programs and policies that address aesthetics would continue to apply to development under the proposed project. No new mitigation measures are necessary.

5.2 Agriculture and Forestry Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses agricultural impacts in the agricultural and forestry resources section, on pages 6-1 through 6-6. The 2014 General Plan EIR determined that the cumulative mitigating benefits of the General Plan programs and policies would result in a less than significant impacts to agriculture and forestry resources and no mitigation was required.

Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to Important Farmland, agriculturally-zoned land, Williamson Act-contracted lands, forest land, or timberland. All future development would be required to undergo site-specific environmental review and will be subject to adopted development guidelines and would be required to comply with the policies and actions from the Hayward General Plan.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to Important Farmland, agriculturally-zoned land, Williamson Act-contracted lands, forest land, or timberland.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 14 Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to Important Farmland, agriculturally-zoned land, Williamson Act-contracted lands, forest land, or timberland.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to agriculture and forest resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.3 Air Quality
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses air quality impacts on pages 7-1 through 7-40 and finds that odor-related impacts would be less than significant. Impacts associated with short-term construction, long-term operational emissions, and health risk exposure to toxic air contaminants (TAC) and particulate matter 2.5 (PM2.5) would be significant and unavoidable, even after application of all feasible mitigation. The 2014 General Plan EIR includes the incorporation of specific source-reduction and receptor-oriented risk reduction measures and best management practices (BMPs), although the overall effectiveness of these measures in reducing communitywide health risk could not be quantified. These impacts would, therefore, remain significant and unavoidable. Because the General Plan would not be fully consistent with the primary goals of the Bay Area 2010 Clean Air Plan with the elevated emissions projected, the 2014 General Plan EIR found that this impact would be significant and unavoidable.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 15 The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to air quality. Potential air quality-related impacts cannot be assessed in a meaningful way without a project-specific analysis covering the location and size of proposed developments, which includes construction air quality emissions, project operational emissions and potential VMT.

Future, unknown short-term air quality impacts resulting from construction of the identified sites and other unknown future development sites, such as dust generated by clearing and grading activities, exhaust from emission from gas- and diesel-powered construction equipment, and vehicular emissions associated with the commuting of construction workers will be subject to Bay Area Air Quality Management District (BAAQMD) rules and protocols. Similarly, operational impacts would be addressed by provisions in the General Plan, the Hayward Municipal Code, and other regulations and standards that govern air quality in Hayward. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and to comply with all relevant regulations related to air quality at the time of construction.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 16 impacts or substantially more severe significant impacts with respect to air quality than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. Local, State, BAAQMD, and federal regulations as well as General Plan programs and policies would continue to apply to development under the proposed project, and impacts would be substantially similar to those analyzed in the 2014 General Plan EIR. No new mitigation measures are necessary.

5.4 Biological Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses biological resources impacts on pages 8-1 through 8-32 and finds impacts to be less than significant. The 2014 General Plan EIR determined that the cumulative mitigating benefits of the General Plan programs and policies would result in a less than significant impact to biological resources and no mitigation was required.

The Housing Element Update, in and of itself, does not include specific projects involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to biological resources and conservation or habitat management plans. All future development consistent with the Housing Element Update would be required to undergo sitespecific environmental review and to comply with applicable requirements and regulations regarding biological resources and the policies and actions from the Hayward General Plan.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to biological resources and conservation or habitat management plans.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 17 Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to biological resources and conservation or habitat management plans.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to biological resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.5 Cultural Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes cultural resources on pages 12-1 through 12-13 and finds that impacts to sites of local importance, overall historic setting, and previously undiscovered archaeological resources would be less than significant and impacts to paleontological resources would be less than significant.

The Housing Element Update, in and of itself, does not include specific projects involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to cultural resources. All future development consistent with the Housing Element Update would undergo site-specific environmental review and be required to comply with applicable policies and regulations regarding historic, archaeological, and paleontological resources including the policies and actions from the Hayward General Plan.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 18 Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to historic, archaeological, and paleontological resources.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to historic, archaeological, and paleontological resources.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to cultural resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur and no new mitigation measures are necessary.

5.6 Energy
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes impacts on energy on pages 21-9 through 21-24. This discussion addresses the issues of inefficient, wasteful, or unnecessary consumption of energy. The 2014 General Plan EIR identifies impacts related to energy consumption as less than significant.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 19 Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not result in impacts to energy resources or adopted plans for renewable or efficient energy use. Although future projects would involve the consumption of non-renewable energy resources such as electricity, natural gas, propane, gasoline, and diesel, they would undergo site and project specific environmental review and be required to comply with State and local regulations pertaining to energy, such as Title 20, Energy Building Regulation, Title 24, Energy Conservation Standards, of the California Code of Regulations (CCR), and Ordinance No. 20-05 and the City’s Reach Code.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to energy resources or adopted plans for renewable or efficient energy use.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to energy resources or adopted plans for renewable or efficient energy use.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 20 Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to energy than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.7 Geology and Soils
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses geology and soils impacts on pages 9-1 through 9-18 and concludes that impacts related to geology and soils would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to geological resources. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with relevant policies and regulations regarding geology and soils including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to geology and soils than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.8 Greenhouse Gas Emissions
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes greenhouse gas (GHG) emissions on pages 10-1 through 10-42 and concludes that impacts would be less than significant.

Potential GHG emission impacts cannot be assessed in a meaningful way until a project-specific analysis that takes into account factors including the size of the development, construction GHG emissions, project operational emissions, and potential VMT is conducted. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to GHGs or adopted plans for the purpose of reducing GHGs. Future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and adhere to applicable climate and GHG emissions policies and regulations including consistency with SB 32, AB 32, SB 97, and SB 375. Future development would also be required to comply with the policies and actions from the Hayward General Plan and the City’s Reach Code among other regulations intended to reduce GHGs.

Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 22 hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to GHGs or adopted plans for the purpose of reducing GHGs.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to GHGs or adopted plans for the purpose of reducing GHGs.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to GHG emissions than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new or revised mitigation measures are necessary.

5.9 Hazards and Hazardous Materials
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses hazards and hazardous materials impacts on pages 11-1 through 11-24 and finds that impacts related to hazards and hazardous materials in the City would be less than significant.

Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 23 for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to hazards or hazardous materials. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable policies and guidelines regarding hazards and hazardous materials including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to hazards and hazardous materials than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 24 5.10 Hydrology and Water Quality
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses hydrology and water quality impacts on pages 13-1 through 13-

40. The EIR found that potential impacts to hydrology and water quality would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to hydrology or water quality. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to hydrology and water quality including the policies and actions from the Hayward General Plan.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 25 The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to hydrology or water quality.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to hydrology and water quality than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.11 Land Use and Planning
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR addresses land use and planning on pages 14-1 through 14-42. Impacts to land use and planning were determined to be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support development of a variety of housing types at a range of income levels in Hayward. The Housing Element Update does not propose any land use or zoning changes. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts due to land use or planning. All future development consistent with the Housing Element Update would be required to undergo sitespecific environmental review and comply with applicable regulations and requirements related to land use and planning.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 26 Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to land use or planning.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to land use and planning than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.12 Mineral Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes mineral resources on pages 9-1 through 9-18 and finds that impacts would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts due to mineral resources. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to mineral resources.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 27 Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to mineral resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.13 Noise
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes noise on pages 15-1 through 15-32. Impacts due to construction-related ground vibration, railroad generated noise, and noise generated from stationary sources were found to be less than significant. Impacts related to short-term and longterm construction-generated noise, and traffic-related noise, were found to be significant and unavoidable even with General Plan policies that would reduce noise from these sources.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 28 Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in noise-related impacts. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with all relevant policies and guidelines regarding noise or vibration including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 29 impacts or substantially more severe significant impacts with respect to noise than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.14 Population and Housing
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses population and housing on pages 16-1 through 16-7. The 2014 General Plan EIR accounts for a population of 265,962 people at full buildout of the Hayward Planning Area and finds that impacts would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Further, the Housing Element Update does not propose any land use or zoning changes so the land use and population assumptions used in the 2014 General Plan EIR as well as the related conclusions are applicable to the Housing Element Update. All future development would be required to undergo site-specific environmental review and comply with applicable guidelines and regulations including policies and actions outlined in the 2014 General Plan EIR.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use that would impact population, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to population and housing.

Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use or otherwise impact population. Policies within the Environmental Justice Element are meant to aid City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 30 areas of the city that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. Thus, the Environmental Justice Element is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to population and housing than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.15 Public Services
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes public services on pages 17-1 through 17-42 and concludes that impacts regarding public services would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to public services. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to public services including the policies and actions from the Hayward General Plan.

Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 31 the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to public services than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.16 Recreation
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes recreation on pages 17-1 through 17-42. impacts to recreation were determined to be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 32 impacts to recreation facilities. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to recreation including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to recreation than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.17 Transportation
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR evaluates transportation impacts on pages 18-1 through 18-44, using level-of-service (LOS) as the methodology and to assess significance. The 2014 General Plan EIR Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 33 determined that additional traffic from the General Plan would result in a considerable contribution to significant transportation impacts. Impacts to Congestion Management Program and Metropolitan Transportation System roadways were determined to be less than significant. Impacts to air traffic, design feature hazards, emergency access, and alternative modes of transportation were determined to be less than significant. Since certification of the EIR and pursuant to Senate Bill (SB) 743, the City of Hayward has adopted VMT as the primary metric to analyze transportation impacts instead of LOS.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to transportation or VMT. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to transportation including the policies and actions from the Hayward General Plan.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 34 The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to transportation.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more significant impacts with respect to transportation than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.18 Tribal Cultural Resources
Impacts Identified in the 2014 General Plan EIR
Tribal Cultural Resources was added to the 2016 CEQA Guidelines as a separate environmental issue area. Thus, the 2014 General Plan EIR does not include a chapter or section dedicated to analysis of impacts to tribal cultural resources. However, it does analyze general impacts to historical and cultural resources (including archeological resources that may originate from Native American tribes) in Section 12, Historical and Cultural Resources, and concludes that impacts to historic and cultural resources would be less than significant. Implementation of existing regulations and General Plan policies LU-8.3 (Historic Preservation), LU-8.4 (Survey and Historic Reports), and LU8.13 (Planning Study Considerations) would ensure that archaeological sites and resources, including undocumented human remains and those resources specifically of significance to Native Americans, would be protected, properly documented, and integral to the City’s planning process.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to tribal cultural resources. All future development consistent with the Housing Element Update must undergo site-specific environmental review and comply with all applicable regulations regarding tribal cultural resources including SB 18, AB 52, and the policies and actions from the Hayward General Plan to minimize impacts to tribal and cultural resources.

On May 10, 2022, the City sent SB 18 consultation letters to the Tribal Band of Mission San Juan Bautista, the Carmel Tribe, the Indian Canyon Mutsun Band of Costanoan, the Muwekma Ohlone Indian Tribe of the San Francisco Bay Area, the North Valley Yokuts Tribe, the Ohlone Indian Tribe, the Wuksache Indian Tribe/Eshom Valley Band, the Confederated Villages of Lisjan, and Tamien Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 35 Nation. At the Tribe’s request, the City met with the Confederated Villages of Lisjan on August 3, 2022 to discuss opportunity sites and planned development throughout the City. No additional requests from the Confederated Villages of Lisjan were received after the meeting and consultation was concluded on October 20, 2022. No other tribe requested consultation. No changes were made as a result of consultation efforts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to tribal cultural resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 36 5.19 Utilities and Service Systems
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes impacts on utilities and service systems on pages 19-1 through 19-34. This discussion addresses the issues of water supply and delivery, wastewater collection and treatment, and solid waste disposal, recycling, and composting. The 2014 General Plan EIR identifies impacts to utilities and service systems as less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to utilities and service systems. All future development consistent with the Housing Element Update would undergo site-specific environmental review and be subject to adopted development guidelines and other regulatory requirements concerning water, wastewater, stormwater, solid waste, and other infrastructure; water supply; and wastewater treatment systems including the policies and actions from the Hayward General Plan.

Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use which would impact utilities. Policies within the Environmental Justice Element are meant to aid areas of the city that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. Thus, the Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 37 Environmental Justice Element is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to utilities and service systems than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.20 Wildfire
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes impacts related to wildfire on pages 11-1 through 11-24. The 2014 General Plan EIR identifies impacts related to wildfire as less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to wildfire. All future development consistent with the Housing Element Update would undergo site-specific environmental review and be required to comply with applicable regulations and requirements related to wildfire including the policies and actions from the Hayward General Plan.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 38 The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to wildfire.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect wildfire than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

Conclusion
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 39 6 Conclusion
The City of Hayward, acting as the lead agency, determined that an addendum is the appropriate environmental document under CEQA because the proposed project would not require revisions to the certified 2014 General Plan EIR due to the involvement of new significant environmental effects or substantial increases in the severity of significant effects previously identified in the 2014 General Plan EIR.

There are no changed circumstances or new information that meets the standards for requiring further environmental review under CEQA Guidelines Section 15162. Thus, these circumstances and information would not result in new or more severe impacts beyond what were addressed in the 2014 General Plan EIR and would not meet any other standards under CEQA Guidelines Section 15162(a)(3). No additional analysis is required based on the discussions throughout this addendum.

The proposed Housing Element Update, Hazards Element Update, and new Environmental Justice Element would not involve development in areas not assumed for development in the 2014 General Plan EIR, nor would it result in population growth and density beyond what was analyzed in the 2014 General Plan EIR. The project would not result in significant or substantially more severe impacts that were not discussed in the 2014 General Plan EIR. Also, there are no previously identified significant effects which, as a result of substantial new information that was not known at the time of the previous environmental review, would be substantially more severe than discussed in the 2014 General Plan EIR. Accordingly, no additional CEQA review is required.

CEQA Guidelines Section 15164 states that “[t]he lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” An addendum is therefore appropriate because, as explained above, none of the conditions calling for preparation of a subsequent EIR have occurred.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 40 7 References

7.1 References
Hayward, City of. 2014. General Plan Update Environmental Impact Report. https://www.haywardca.gov/your-government/documents/planning-documents (accessed November 2022).

7.2 List of Preparers
Rincon Consultants, Inc. prepared this addendum under contract to the City of Hayward. Persons involved in data gathering, analysis, project management, and quality control include the following:

Rincon Consultants, Inc.

Darcy Kremin, AICP CEP, Director
Aileen Mahoney, Project Manager
Antonia Davetas, Environmental Planner
1 City of Hayward
January 2023
Housing Element

ATTACHMENT IV

MAYOR AND CITY COUNCIL
Barbara Halliday, Mayor
Aisha Wahab, Councilmember
Angela Andrews, Councilmember
Sara Lamnin, Councilmember
Elisa Márquez, Councilmember
Mark Salinas, Councilmember
Francisco Zermeño, Councilmember

PLANNING COMMISSION
Zachariah J. Oquenda, Chair
Ray Bonilla, Jr.

Julie Roche
Briggette Lowe
Daniel Goldstein
Aidan I Ali-Sullivan

OFFICE OF THE CITY MANAGER
Kelly McAdoo, City Manager
Jennifer Ott, Assistant City Manager
Regina Youngblood, Assistant City Manager

CITY OF HAYWARD STAFF
Leigha Schmidt, Lead Planner, Planning
Division. Special thanks to all the planners who
provided input, advice and outreach assistance
throughout the project. In particular, Mira
Hahn, Associate Planner, who provided support
organizing materials, conducting outreach and
Spanish translation throughout the project.

Also, thank you to Sara Buizer, Deputy Director
of Development Services for providing oversight
and guidance.

Christina Morales, Housing Manager, City
Manager’s Office – Housing Division for her
expertise and assistance reviewing all of the
documents that comprise the Housing Element.

Special thanks to the Housing and Community
Services Division staff who reviewed endless
documents, provided thoughtful comments
and attended outreach events.

Erik Pearson, Environmental Services Manager,
Public Works & Utilities; Nicole Grucky,
Sustainability Specialist; and Carolyn Weisman,
Climate Core Fellow, who spearheaded the
Climate Action Plan Update and worked closely
with Planning staff on the Environmental
Justice Element and Safety Element Updates.

Phillip Nichols, Code Enforcement Manager,
for reviewing and providing insight into Code
Enforcement work; Wenny Wallace, Librarian,
for providing translation services; Chuck Finnie,
Communications and Marketing Officer, and
his Community and Media Relations team for
providing social media and outreach support;
and Tim Lohnes, GIS Technician, for his artistic
vision and mapping expertise.

SPECIAL THANKS
Chabot College, California State University
East Bay, Hayward Promise Neighborhood,
NAACP Hayward South County, Community
Resources for Independent Living, La Familia,
and everyone who shared their “three words”
and stories on Instagram and on the project
website.

Most importantly, thank you to all the Hayward
residents who provided input during the update
process and contributed to the Housing Plan.

Acknowledgements
EXECUTIVE SUMMARY................................. 1-7

1. INTRODUCTION.............................................8

1.1 Housing Element Purpose and Content ..........9

1.2 Relationship to Other General Plan Elements
....................................................................................9

1.3 Housing Context ..............................................10

1.4 Hayward’s Guiding Vision for the Community
..................................................................................10

1.5 Organization of the Housing Element ..... 11-12

1.6 Data Sources and Methods .............................12

1.7 Summary of Public Participation .............13-26

2. HOUSING NEEDS SUMMARY ..................28

2.1 Introduction .....................................................29

2.2 Population Trends ...........................................29

2.3 Employment Trends.........................................30

2.4 Housing Stock..................................................31

2.5 Household Characteristics .......................31-41

2.6 Housing Affordability................................32-33

2.7 Special Groups .................................................33

2.8 Disparate Impacts............................................34

3. PROJECTED HOUSING NEED.................36

3.1 Introduction ...............................................37-38

4. HOUSING RESOURCES ............................ 40

4.1 Introduction.....................................................41

4.2 Land Resources ..........................................41-46

4.3 Financial Resources.................................. 46-48

4.4 Administrative Resources........................ 48-50

5. HOUSING CONSTRAINTS.........................52

5.1 Introduction .....................................................53

5.2 Governmental Constraints .......................53-54

5.3 Market Constraints ....................................54-56

5.4 Community Concerns & Opposition to
Housing Development...........................................56

6. FAIR HOUSING..............................................58

6.1 Introduction .....................................................59

6.2 Contributing Factors.................................59-61

6.3 Fair Housing Goals and Priorities...................61

7. HOUSING PLAN............................................62

7.1 Goals, Policies, and Programs.........................63

7.2 Summary of Quantified Objectives................92
TABLES
Table 1 Balancing Act Simulation Summary .......25
Table 2 Current Zoning – Dwelling Unit Capacity
................................................................................. 44 Table 3 Residential Dwelling Unit Potential and
RHNA ...................................................................... 46

FIGURES
Figure 1 Chabot College Housing Surveys ..........22
Figure 2 Pipeline Projects .....................................42 FIgure 3 Opportunity Sites....................................45 Table of Contents
Executive
Summary
2023-2031 Housing Element Update
January 2023
1 Executive Summary
WHAT IS THE HOUSING ELEMENT?
Required “element” or chapter in the City’s
General Plan
Assesses the condition of the City’s current
housing and future needs of its residents
Establishes a roadmap for accommodating
projected housing unit demand for existing
and future residents over the next eight years
(2023-2031)
Sets citywide goals, objectives, and policies
for housing
Shows how the City will meet demand for
housing at all income levels, per State Law
WHY UPDATE THE HOUSING ELEMENT?
Housing is essential to people’s health,
quality of life and the economy
Housing Elements are a mandatory part
of the General Plan under state law
It must be updated every 8 years and
submitted to the State by a specific date
they prescribe (6th Cycle submitted by
January 2023)
Detailed roadmap outlining how the City will
meet its Regional Housing Needs Assessment
(RHNA) allocation by income level
Housing Element compliance is required for
Statewide funding and grants
HOW IS THE HOUSING ELEMENT USED?
The Housing Element is the guiding
document that sets the City’s policy and
program direction related to housing
Used when reviewing development projects
(both housing and non-housing projects)
Used to establish funding priorities for
communitywide financial assistance such
as rental assistance, homebuyer programs,
rental inspection programs and relocation
assistance among others
Used when setting housing policy such as
updates to the Density Bonus Ordinance,
Affordable Housing Ordinance, and updates
to the Zoning Ordinance as they must be
consistent with the General Plan
January 2023
2 Housing Element | City of Hayward
THE HOUSING ELEMENT AIMS TO ACHIEVE SEVERAL GOALS INCLUDING:
Accommodating projected housing demand,
as mandated by the State
Increasing housing production to meet
this demand
Improving housing affordability
Preserving existing affordable housing
Improving the safety, quality, and condition
of existing housing
Facilitating the development of housing
for all income levels and household types,
including special needs populations
Improving the livability and economic
prosperity of all City residents and promoting
fair housing choice for all
The City of Hayward believes that housing is a basic human right and is committed to improving access to safe and high-quality housing for residents across all income levels in a manner that prioritizes sustainability and care for the environment. Strategies to achieve these goals include promoting a diversity of housing types throughout the City, increasing the feasibility of development of underused sites throughout the City, and focusing the greatest amount of new housing near transit and jobs.

The Housing Element lays out the City’s plan for removing barriers to housing production to counter well-documented housing shortages, and helps ensure that the City is planning for its “fair share” of affordable and market rate housing.

THE HOUSING ELEMENT ORGANIZATION GUIDE
2023-2031 Housing Element Update
January 2023
3 THE HOUSING ELEMENT ORGANIZATION GUIDE
The Housing Element includes seven chapters that outline current and future housing needs of the community, housing resources, constraints to building housing, fair housing, and a housing plan.

The housing plan within the Housing Element Update builds upon and revises the goals, policies, and programs of the existing Housing Element to ensure that the City can meet the housing needs of all Hayward residents through 2031, when the plan is scheduled to be updated again as required by State law.

The seven chapters are as follows:

1. Introduction: pages 8 – 25
Introduces the purpose of the Housing Element, context, related documents, and summary of public participation.

2. Housing Needs Summary: pages 26 – 33
Describes Hayward’s demographic and housing related to the City’s housing needs, including housing type and affordability with insight into special needs households and an equity lens.

3. Projected Housing Need: pages 34 – 37
Shows the Regional Housing Needs Allocation (RHNA), or the “fair share” of housing units the City must plan for at different affordability levels as required by law.

4. Housing Resources: pages 38 – 49
Summarizes the existing and proposed land, financial, and administrative resources Hayward has to meet the City’s need through this update.

5. Housing Constraints: pages 50 – 55
Identifies governmental, market, environmental, and other existing challenges to maintaining, expanding, and improving housing in Hayward.

6. Fair Housing: pages 56 - 59
Provides an assessment of the City’s fair housing issues and provides a framework for the City to take meaningful actions to overcome patterns of segregation, to combat discrimination and to foster inclusive communities.

7. Housing Plan: pages 60 - 89
Lays out the goals and steps needed to meet the housing needs of current and future residents.

Each goal has associated policies, programs, and actions detailed in the plan by law.

January 2023
4 Housing Element | City of Hayward

HOUSING COSTS TOO

MUCH FOR HAYWARD

RESIDENTS
The Housing Element describes
the current housing conditions in
Hayward and provides data and
information on the economic and
social stresses that many residents
face due to the lack of sufficient
access to quality and affordable
housing. The Housing Plan, Chapter
7 in the Housing Element, provides
actions that the City will take to
address the lack of affordable
housing and help increase the
number of new housing units to;
ensure that housing is safe, clean
and accessible for residents; assist
renters and homeowners to stay in
their housing; and, assist qualified
residents to purchase housing
to promote stability and wealth
building. These actions include
production of affordable housing
units, preservation of existing
affordable housing, and addressing
the housing needs of vulnerable
populations to provide housing
assistance resources and to address
fair housing issues.

Housing cost burden affects a
substantial portion of households
in Hayward, particularly lower
income renter households and
also disproportionately impacts
Hispanic/Latino and Black/African
American households. In addition,
cost burden has significantly
increased for immigrant
households, families with children,
seniors and students, and extremely
low income to low-income
households, all of which are identified
as special needs households in the
Housing Element.

HOUSING COST BURDEN BY

POPULATION ATTRIBUTE
BY RACE*

BY INCOME
*Percentage of each ethnic group experiencing housing cost burdens.

RENTERS VERSUS OWNERS
50%

RENTERS
30%
OWNERS

EXTREMELY

LOW-INCOME

HOUSEHOLDS
VERY LOWINCOME

HOUSEHOLDS

LOW-INCOME

HOUSEHOLDS
0 10
20 30
40 50
60 70
80 79% 76%
63%

OF WHITE,

NON-HISPANIC
39%

OF OTHER

RACE OR

MULTIPLE
RACES,

NON-HISPANIC
32%

OF HISPANIC

OR LATINX
48%

OF BLACK

OR AFRICAN

AMERICAN,

NON-HISPANIC
53%

OF ASIAN /API,

NON-HISPANIC
33%

OF AMERICAN

INDIAN OR

ALASKA NATIVE,

NON-HISPANIC
25%
Source: HR&A Advisors
2023-2031 Housing Element Update
January 2023
5 WAGES ARE NOT KEEPING UP WITH

INCREASING HOUSING COSTS
High housing costs have made it difficult for many
Californians to be able to save or invest enough to
take advantage of the long-term financial benefits
of homeownership or to receive the social, health,
and economic benefits that can come to individuals
and families as a result of having access to high-quality, stable, and affordable housing.

In addition, this housing crisis does not impact everyone equally. Lower-income households and residents of color are disproportionately affected due to lack of employment stability, historic lack of access to homeownership resources, and the attendant wealth building benefits as well as lack of access to certain neighborhoods. Further, renters typically have lower household incomes than homeowners and have a higher cost burden with regard to housing which results in less disposable income for food, healthcare, and education, among other costs.

ALMOST HALF OF ALL JOBS IN HAYWARD
PAY LESS THAN $40,000/YEAR, WITH THE
MEDIAN WAGE AROUND $56,000.

Source: City of Hayward Displacement Study, 2021
+32%
Change in median Hayward
rents over the last decade.
<10%
of January 2021 listings aordable
to potential owners earning at or below
80% AMI across Alameda county.
+56%
Change in Hayward home values
over the last decade.

My biggest hope or
dream for my living
situation would be
to buy a house...I just
think it would really
give me some stability
in life and it would
give me one less thing
to worry about....

Right now buying
a house is impossible...

I also don’t think it is
just a Hayward issue.
– Vivian,
Cross Streets: Schafer Rd &
Manon Ave
Age: 25 and under
“
January 2023
6 Housing Element | City of Hayward

IMPACTS OF NOT

ENOUGH HOUSING
The City of Hayward is one of many
cities in the State that is severely
impacted by the housing crisis,
experiencing high rates of costburden, homelessness, overcrowding, and potential displacement of
existing residents.

Homelessness continues to be a
regional, State and national issue.

Although homelessness is rising
in Alameda County, the City of
Hayward saw a 28 percent decrease
in the number of people experiencing
homelessness in the most recent
2022 point-in-time count. This
decrease may be attributable to many
factors, including the City’s increased
investment in homelessness response
and prevention, as well as changes to
the count methodology resulting in
more accurate geo-coding of where
individuals were living. Specifically,
individuals previously counted as
Hayward residents who may now be
counted as residing in unincorporated
Alameda County or another
neighboring jurisdiction.

WHY DOES THIS MATTER?
There is a housing crisis in Hayward.

High housing costs and a lack of
affordable housing affects all residents.

The City is working to establish a
Housing Plan to address the crisis.

WHAT IS CONSIDERED “AFFORDABLE” HOUSING?
Housing is affordable if it costs no more than 30 percent of someone’s monthly income. For example, a household making $3,000 a month would have rent no higher than $900 to be affordable. Average rents and mortgages are significantly higher than this in Hayward, typically averaging over $2,600 for a two-bedroom apartment and over $3,000 for a three-bedroom house.

SHELTERED/UNSHELTERED

INDIVIDUALS IN HAYWARD
2017 2019 2022
0 250
500
397
84 487
381
313
115
372
114
267

UNSHELTERED SHELTERED
Modeled after the Alameda 2022 Point In Time Count

INCOME BY OWNER OR RENTER

18.6%

46.9%

69.4%

12.8%

9.6%

8.2%

18.5%
16%
Extremely Low (30% AMI or Less) Very Low (31 – 50% AMI) Low (51 – 80% AMI) Moderate or Above (over 80% AMI)

OWNERS RENTERS
Source: HUD Comprehensive Housing
Affordability Strategy (CHAS), 2014-2018.
2023-2031 Housing Element Update
January 2023
7 WILL THIS PLAN BUILD HOUSING?
This update establishes a roadmap with policies and actions that the City has control over to meet the housing needs of Hayward residents and to minimize constraints to housing development for the next eight years. It is essential to note that construction is accomplished by private and nonprofit developers. Most of the housing the City is planning for will meet the City’s projected Regional Housing Needs Assessment allocation which provides for a variety of housing at different income levels; however, there are a variety of factors outside of the City’s control that could influence whether or not that housing is built such as land and construction costs, availability of labor and materials, availability of financing, and developer interest in Hayward among others.

WHAT CAN YOU DO?
Review this Housing Element, attend meetings, ask questions, and make comments about what you believe you and your community needs and wants to see in future housing development in Hayward.

For information about Housing Relief Programs, homeless housing assistance, homeownership resources, and housing information for tenants and landlords, please visit the Housing Division website at www.hayward-ca.gov/housing
If you are a tenant living in substandard conditions or a property owner wishing to conduct an inspection with our division to assure your dwellings are currently up to code, please contact Hayward Code Enforcement at (510) 583-4175 or [email protected].

DISPARATE IMPACTS

SENIORS
+71%
Cost-burdened senior
renters since 2010
+172%
Cost-burdened
immigrant households
earning above $35K

IMMIGRANTS
+153%
Cost-burdened
families with children
earning above 50K

FAMILIES WITH

CHILDREN
74%
Students qualify as
socioeconomically
disadvantaged

STUDENTS
Source: City of Hayward Displacement Study, 2021

1. Introduction
2023-2031 Housing Element Update
January 2023
9 1. Introduction

1.1 HOUSING ELEMENT PURPOSE AND CONTENT
The State of California has stated that the availability of decent and suitable housing for every California family is “a priority of the highest order.” This objective has become increasingly urgent in recent years as communities across the state struggle to meet the housing needs of all their residents. The Housing Element is the primary tool for cities and counties to create a road map to meet their housing goals. The Housing Element is a comprehensive strategy for encouraging development of safe, decent, and affordable housing for all residents and preventing housing loss.

The Housing Element must include:
Identification and analysis of existing and
projected housing needs, resources, and
constraints;
A statement of goals, policies, quantified
objectives, and scheduled programs
for preservation, improvement, and
development of housing;
Identification of adequate sites for housing;
Assessment of the City’s fair housing issues;
and
Adequate provision for existing and
projected needs of all economic segments of
the community.

The Housing Element helps the City determine how to address existing and future housing needs and plan for future growth. These housing policies and actions do not commit the City to construct new housing units, but they do identify ways in which Hayward will encourage development of housing intended to meet the housing needs of current and future residents during the Housing Element update cycle. This Housing Element represents the City of Hayward’s 6th Housing Element cycle and will be carried out from 2023 through 2031.

1.2 RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS
The City of Hayward’s 2040 General Plan was adopted in 2014 and is comprised of several State mandatory elements including: Land Use and Community Character, Mobility, Housing, Community Safety, Natural Resources, and Hazards. The General Plan also addresses several other optional elements including Economic Development, Public Facilities and Services, Education and Lifelong Learning, and Community Health and Quality of Life.

All elements bear equal weight, and no element has legal precedence over another. California Government Code Section 65583 (c) requires the Housing Element to maintain internal consistency with other General Plan Elements. For example, residential density limits established by the Land Use Element are reflected in the Housing Element and form the basis for analyzing residential capacities within the City. The Housing Element is also consistent with the (draft) Environmental Justice Element by avoiding concentration of lower-income housing in a disadvantaged community as defined by Government Code Section 65302(h)(4)(A) and Health and Safety Code Section 39711. California law requires that the Safety Element be updated during each update of the Housing Element if additional information relating to climate adaptation or resilience becomes available. When any element of the General Plan is amended in the future, the City will review the Housing Element and, if necessary, amend it to ensure internal consistency is maintained.

January 2023
10 Housing Element | City of Hayward

1.3 HOUSING CONTEXT
Hayward’s rapid growth has sparked the development
of Priority Areas as part of the Bay Area’s Regional
Transportation Plan and Sustainable Communities
Strategy. These areas are suitable for future growth
and have the potential to create walkable, compact
development with integrated transportation systems.

Priority Development Areas include downtowns,
employment centers, corridors, neighborhoods, and
districts served by regional transportation. Hayward has five Priority Development Areas:
The Downtown City Center
The Cannery Transit Neighborhood
The Mission Boulevard Mixed-Use Corridor
The South Hayward BART Mixed-Use
Corridor
The South Hayward BART Urban
Neighborhood
Housing in these priority areas include high-density and mixed-use development. Typical building types include a mix of housing types including townhomes, duplexes, tri-plexes and four-plexes, multi-story apartments, and multi-family homes. The further away from the Priority Development Areas, housing types are mostly suburban and lower in density. This includes single-family homes, accessory dwelling units, and ancillary structures on large lots.

1.4 HAYWARD’S GUIDING VISION FOR THE COMMUNITY
Hayward’s vision for the community embraces a vibrant, safe, and prosperous community that supports the diverse humans that live, work, and play in Hayward. This vision includes supportive youth services and excellent public schools to attract and retain families, and an expanded network of parks and recreational activities for all ages. A community that fosters life-long learning will include programs and activities that integrate college communities into local businesses to create a college culture and sense of college and community pride. Access to jobs will encourage longterm residency and result in a robust and business-friendly community, creating unique clusters of economic opportunities. Thriving commercial centers with pedestrian-friendly design will attract businesses, shopping, and dining in Downtown Hayward. Downtown will emerge as the heart and soul of the community and inspire residents to live an active healthy lifestyle.

Mixed-use and high density residential development will be supported by an interconnected network of safe, affordable, dependable, and convenient transportation options. Utilities and improvements to technology infrastructure will ensure that the community is resilient and prepared to survive impending disasters such as wildland fires and sea level rise. Increased and enhanced connectivity in the Baylands, hillsides, and regional parks will also protect environmental resources and mitigate impacts of rising sea levels.
2023-2031 Housing Element Update
January 2023
11 1.5 ORGANIZATION OF THE

HOUSING ELEMENT
Per California Government Code Sections
65580-65589, a housing element must consist
of the following components:
Review of the previous Housing Element:

This section reviews the results of the goals,
policies, and programs adopted in the
previous Housing Element and compares
projected outcomes with actual achieved
results.
Housing Needs Assessment: This section
reviews the existing and projected housing
needs of the community. It provides a profile
of socio-demographic information, such
as population characteristics, household
information, housing stock, tenure, and
housing affordability. The assessment also
considers local special housing needs, such
as, seniors, farmworkers, homeless, large
households, and female-headed households
Resources and Inventory of Adequate
Sites: This section provides resources and an
inventory of adequate sites that are suitably
zoned and available within the planning
period to meet the jurisdiction’s fair share
of regional housing needs across all income
levels.
Governmental and Nongovernmental Constraints: This section identifies and analyzes impediments to housing production across all income levels. Fair Housing Assessment: This section provides a summary of contributing factors that serve as barriers to fair housing choice and access to opportunities in Hayward. Housing Plan: This section provides a statement of the community’s goals, quantified objectives, and policies to maintain, preserve, improve, and develop housing. It also provides a schedule of meaningful actions to be taken during the planning period to achieve the aforementioned goals, objectives, and policies. It includes quantified objectives for new construction, rehabilitation, and conserved units by income category (i.e. very low, lowmoderate, and above-moderate) to make sure that both the existing and the projected housing needs are met, consistent with the City’s share of the RHNA.

In my experience,
Hayward is extremely
diverse... I definitely
think that there are
certain areas that are
a little more wealthy,
and some that a are
more poor but for the
most part Hayward is a
melting pot of diversity.
– Thomas,
Cross Streets:

Miami Ave & Hesse Dr
Age: 36-45
“
January 2023
12 Housing Element | City of Hayward
The document was supported by comprehensive research and analysis which are compiled in appendices at the end of the document:
Appendix A: Public Participation Report
Appendix B: Housing Needs Assessment
Appendix C: Housing Resources and Sites
Inventory
Appendix D: Housing Constraints
Appendix E: Review of Past
Accomplishments
Appendix F: Fair Housing Assessment

1.6 DATA SOURCES AND METHODS
Data from a variety of sources is used to complete the Housing Element. The most commonly cited source is the U.S. Census, which provides consistent demographic characteristics that are widely accepted. The American Community Survey is a feature offered by the U.S. Census and includes five-year estimates on population and demographic characteristics. Other data sources include the following:
Alameda County Collaborative
Association of Bay Area Governments
(ABAG)/Metropolitan Transportation
Commission (MTC)
California Department of Housing and
Community Development (HCD)
California Housing Finance Agency
California Tax Credit Allocation Committee
Comprehensive Housing Affordability
Strategy (CHAS)
California Department of Finance (DOF)
Home Mortgage Disclosure Act (HMDA)
lending data
Regional Homeless Point-in-Time Count
State Employment Development Department
(EDD) data on wage and labor statistics
United States Department of Housing and
Urban Development (HUD)
Let’s House Hayward Strategic Plan (2021)
Hayward Strategic Roadmap (2021)
City of Hayward Displacement Study, HR&A
Advisors Inc. (2021)
Park Impact Fee Feasibility Analysis,
Community Attributes Inc. (2019)
Traffic Impact Fee Feasibility Findings and
Jurisdictional Comparisons, Community
Attributes Inc. (2022)
2023-2031 Housing Element Update
January 2023
13 1.7 SUMMARY

OF PUBLIC

PARTICIPATION
The Housing Element
must reflect the values
and preferences of the
community. Accordingly,
community participation is an
important component of the
development of this Element.

Government Code Section
65583(c)(8) states that the
local government must make
“a diligent effort to achieve
public participation of all
economic segments of the
community in the development
of the housing element.” This
process not only includes
community members, but
also participation from local
agencies and housing groups,
community organizations, and
housing sponsors.

Hayward provided
opportunities to solicit
input from stakeholders
and community members
through interviews, surveys,
a project-specific website, a
housing simulation exercise,
community events, and public
meetings. To jumpstart the
outreach process, the City
compiled and contacted more
than 175 stakeholders (complete list provided in Appendix A) and organizations that serve special needs households and renters, provide affordable housing, and offer fair housing services to inform the organizations about the Housing Element Update. Staff asked organizations to forward the information to their stakeholders and requested assistance and partnership in community outreach.

These entities were included in all notifications associated with the Housing Element update, including community events, housing survey, and a housing simulation exercise. A summary of the public participation is detailed below. More detailed information on the public engagement program is available in Appendix A.

I would really prefer that there
were resources being made
more readily available to them
and that we as a community,
we’re doing more in an
organized way, in a way that we
are all contributing to to create
space for them to be able to be
in a place where they flourish
and thrive. And providing them
with services that do that would
be the way that we should solve
that so that they don’t have
to be out in the cold when I’m
going to work in a warm car.
– Kina,
Cross streets: Ruus Rd & Tennyson Rd,
Age: 26-35
“
January 2023
14 Housing Element | City of Hayward
Public Noticing
To reach the largest and broadest spectrum of community members and stakeholders, Hayward utilized the following notification methods throughout the Housing Element update process. Advertisement in The Stack Newsletter mailed to all addresses (approximately 160,000) within City limits.
Regular posts to the City’s social media accounts, including NextDoor, Facebook, Twitter, and Instagram, announcing project website launch, survey, and a housing simulation exercise, public meetings and release of the Draft Housing Element for public review. City staff developed email and mailing lists of community and advocacy groups, non-profits, faith-based organizations, school-based organizations, mobile home park associations, homeowners associations, disability advocates and neighborhood groups to provide outreach and regular updates on the project. In addition, the City is maintaining an “interested parties” list for those who have requested regular updates about the Housing Element, Climate Action Plan, Environmental Justice and Hazards Element Updates. See Appendix A for full list. The City developed flyers in English and Spanish advertising the project. A total of 48,500 flyers were mailed out to homeowners, multi-family housing complexes and individuals living in mobile home parks. In addition, City staff handed out flyers at 18 locations throughout Hayward including the BART stations, farmers markets, supermarkets, retail establishments and laundromats and at community events.

Community Events
2023-2031 Housing Element Update
January 2023
15 HOUSING IN HAYWARD
Housing Crisis
The Bay Area’s housing aordability crisis is
decades in the making. There is not enough
housing which causes prices to increase. This
hits low-income households the hardest.

People are spending more and more of
their income on housing and less on other
basic needs.

What is a Housing Element?
The Housing Element is a chapter of the General
Plan that is required by the State. It is a guide that
helps a City think about what types of housing exists
and what types of housing programs are needed
to help its community members. Hayward last
updated its Housing Element in 2014 and is now
due for an update on other basic needs.

What does a Housing Element include?
Demographics &
Housing Stock
Characteristics
Resources, Objectives,
& Programs to Address
Housing Needs
Government &
Non-Governmental
Constraints
Housing Preservation,
Future Housing
Needs, & RHNA
Requirements
How does the Housing Element help
with the housing crisis?
The Regional Housing Needs Assessment requires that cities and unincorporated areas of counties to plan for new housing to accommodate projected growth. HCD identifies the number of housing units needed across all income levels for the San Francisco Bay Area for the eight-year RHNA cycle. As part of the Housing Element, the State determines:
• How much housing needs to be built in each City.
• The income levels new housing needs to serve.

These become goals for the City. The City then has to try to encourage development to meet the goals set by the State. To meet the housing goals, the Bay Area Council of Governments (COG) assigned 4,624 units to Hayward. The City must now find places where developers can build 4,624 homes. The locations must be available throughout the City. The City must also make sure the local laws and requirements don’t prevent homes from being built.

Community
Profile
Housing
Constraints
Community
Plan
Housing
Resources
$$$

91.5% of Hayward renters
and 77.7% of Hayward
homeowners spend
more than 30% of their
income on rent.

Hayward oers a variety
of housing types including
single family homes, duplex
triplex, apartments, and
condominiums.

The most common type
of housing in Hayward
is single family homes.

A little over half of homes
in Hayward are occupied
by owners.

Most of the housing stock
was built in 1960 – 1979.
‘60-’79
For more information
scan the QR code to
Please send all housing questions and comments to: [email protected] visit our website!

HISTORY OF HAYWARD
Before the 1700s:

Indigenous
Communities
The Ohlone are the predominant
Indigenous group of the Bay Area,
including the Chochenyo and the Karkin
in East Bay and the Muwekma tribe
throughout the region.

Ohlone were hunters and gatherers.

The Yrgin and Tuiban who lived in the
areas that became Hayward used the salt
ponds to cure hides and preserve food.1
1700s through 1800s:

Missions and Rancheros
In the late 1700s, Spanish explorers
threatened Ohlone existence and
culture due to exposure to European
diseases, harsh living conditions, and
forced cultural and religious assimilation
through its Missions.

In the early 1800s, California was claimed
as part of the Mexican Republic. The
Mexican government provided large
land grants to individuals including
the area that became Hayward and
surrounding lands.

Mid-1800s:

California &
Hayward
California joined the Union
in 1850.

William Hayward purchased
a portion of Rancho San Lorenzo
and built a general store at the
corner of A Street and Mission Blvd.

In 1868, the Southern segment
of the Hayward Fault ruptured,
triggering a M7.0 earthquake.

Nearly every building in the
Hayward area was destroyed
or significantly damaged in the
earthquake.

Hayward was incorporated in 1876.
1930s through 1940s:

Mid-Century Migration
Job opportunities in California and the
Bay Area encouraged waves of migration.

Generally, African Americans worked
in factories and shipyards and Mexican
migrants worked in agriculture as part
of the Bracero program.

Between 1940 and 1960, the population
of Hayward grew from 6,736 to 72,700
people, similar to the population boom
throughout the Bay Area and California.2
Practices such as redlining3
and racial
covenants, directed people of color to certain
neighborhoods and limited bank loans to
purchase property. Housing discrimination led
to people of color moving into unincorporated
neighborhoods surrounding Hayward, such
as Russell City (the present-day area between
Chabot College and Hayward Airport) and
Kelly Hill (Fairview).

Between 1942 and 1945, more than 600
Japanese Americans, or 150 families, from
the area were forced to leave their homes
and businesses and were detained in 10
internment camps throughout the
Western U.S.4,5
1950s through 1970s:

Civil Rights and Social
Justice Movements
California and Bay Area population
continued to grow but jobs decreased
after the war effort. Housing options
continued to not meet community
needs.

Civil Rights and social justice established
national and state policies, including
the Civil Rights Act, Fair Housing Act,
Voting Rights Act, and the California
Environmental Quality Act.

During this era, government actions,
such as urban renewal, displaced
communities of color and segregated
neighborhoods throughout California.

For example, a nearby community called
Russell City, which was home to African
American, Latinx/Latine, and low-income
residents, was added to Hayward’s
boundary. This process displaced these
residents when the area was redeveloped
into an industrial center.
1980s to today:

Modern Era
The economy and workforce
characteristics changed as traditional
manufacturing was replaced with
technology, service, and
supporting economies.

Limited housing options in California
continue to result in increased housing
costs. Government actions and lack
of affordable housing options have
led to segregation, gaps in wealth and
homeownership, and unequal health
impacts for communities of color.

The City of Hayward is currently the
sixth-largest city in the Bay Area with
approximately 159,000 residents and
an increasingly diverse population.

Hayward is experiencing gentrification,
displacement, and loss of communities
of color similar to surrounding Bay Area
communities.

Photo credits to the Hayward Area Historical Society. | 1Wilkinson, Megan. 2002. What Ever Happened to Russell City? & Sandoval, John. 1945. “Brief History of Hayward.” The Hayward Journal. | 2Bay Area Census. 2021. http://www.bayareacensus.ca.gov/cities/Hayward50.htm | 3Redlining is the systematic denial of various services by agencies of the federal government, local governments, and the private sector, either directly or through selective price increases. https://es.wikipedia.org/wiki/Redlining#cite_note-2 | 4This data encompasses people who lived in Hayward, Castro Valley, San Lorenzo, San Leandro, Mt. Eden, Ashland, and Cherryland. | 5 Japanese American Internment. 2021. https://www.britannica.com/event/Japanese-American-internment | 6The Ohlone of California, Jack S. Williams (2003). Ohlone House, de Saisset Museum, Santa Clara University. | 7
The Ohlone of California, Jack S. Williams (2003). Mission de San Francisco de Asis.

January 2023
16 Housing Element | City of Hayward

ENVIRONMENTAL JUSTICE IN HAYWARD
Promote Safe &
Sanitary Homes
Promote Access
to Healthy Foods
Promote Physical
Activity
Reduce Pollution
Exposure
Promote Access
to Public Facilities
Promote Civic
Engagement
For more information
scan the QR code to
Please send all environmental justice questions and comments to [email protected] visit our website!

ENVIRONMENTAL
JUSTICE Environmental justice is defined by the State as, “the fair treatment and meaningful involvement
of people of all races, cultures and incomes as
part of the development and implementation of
environmental laws and policies.” Environmental
justice provides an important opportunity to
alleviate problems that previous government
activities have not addressed. As part of this update,
the City will include a new Environmental Justice
chapter in the General Plan.

IDENTIFYING
UNEQUAL IMPACTS While pollution impacts all communities, low-income persons and communities of color
experience those impacts at a higher rate.

Historically in the United States, low-income and
minority communities tend to be located closer
to toxic or polluted environments including toxic
waste-producing businesses, landfills, and energy
facilities. These facilities cause health issues for
nearby communities. Environmental justice shines
a light on these issues and fights abuses and biased
practices against these disadvantaged communities.

Disadvantaged communities suer the most from
economic, health, and environmental issues. These
problems can include poverty, unemployment,
air and water pollution, exposure to hazardous
chemicals, and health impacts such as high rates
of asthma and heart disease, among others.

NEW ENVIRONMENTAL JUSTICE ELEMENT The new Environmental Justice Element will seek to create goals and policies to:

Climate Change
Impacts
*The City of Hayward’s goals are to
reduce emissions by 55% by 2030 and
achieve carbon neutrality by 2045.

Carbon neutrality means net zero
community GHG emissions by reducing
existing GHG emissions and balancing
remaining emissions using new
technology and strategies.

CLIMATE CHANGE IN HAYWARD
Hayward’s 2019 Greenhouse Gas Emissions
Climate Action Plan Process
On-Road
Transportation
64%
Electricity
2%
Natural
Gas
22%
O-Road
Transportation
6%
Waste
6%
Please send all climate questions and comments to: [email protected] Increased Risk
of Wildfire
Intese Rain
and Flooding
Higher Energy
Costs
$$$ Worsened
Air Quality
Problems
Extended Periods
of Drought
Higher
Temperatures
Damage to
Property
Poorer Human
Health
Scan the QR code
to tell your
Climate Story.

Baseline
Inventory
Forecast
Emissions
Adopt
Target
Strategy
Selection
Spring 2022:

Community Activity
Funding &
Implementation
Monitor & Track
Progress
#2 #1 #3 #4 #5 #6
ROADMAP TO CARBON NEUTRALITY*
2023-2031 Housing Element Update
January 2023
17 Bilingual Informational Gallery Event
The City prepared an interactive, in-person,
mobile gallery with posters in English and Spanish
on the topics of history of Hayward, the Housing
Element, the Climate Action Plan, Environmental
Justice and Hazards to provide people with the
opportunity to learn about the project on their
own time. The housing element poster explained
the housing crisis, what a Housing Element is,
chapters included in the Housing Element, how
the Housing Element helps with the housing
crisis, and statistics of housing in Hayward
through a visually-appealing poster. Gallery event
posters included Spanish translation and a QR
code where participants could go to the project
website for additional information. Starting in
January 2022, the galleries were placed at the
Downtown Hayward Library, City Hall and were
used at events at the Farmers Market, BART,
the NAACP Offices, Chabot College, and the
Alameda County Transportation Offices which
has approximately 400 Hayward employees.

SAFETY, HAZARDS, AND ADAPTATION IN HAYWARD
The Safety Element will cover hazards related to Seal Level Rise, Floods, Tsunamis, Earthquakes and Wildfires.

Need Text Urban flooding, is flooding
that occurs after periods of
extended, high intensity rainfall
in developed, populated areas.

Urban flooding
Tsunami Wildfires
Sea Level Rise
A tsunami is a long high
sea wave caused by
an earthquake or
other disturbance.

A wildfire is an unplanned,
unwanted, uncontrolled fire
in an area of combustible
vegetation starting in rural
areas and urban areas.

An earthquake is a sudden and
violent shaking of the ground
caused by the earth’s crust moving.

An earthquake may cause events,
including tsunamis, landslides,
and liquefaction.

Earthquakes
Please send all Safety Element questions and comments to: [email protected] For more information
scan the QR code to
visit our website!
How to Get Involved
and Learn More
The City of Hayward is
updating key elements
of the City’s General Plan
and we want to hear from
you! This website provides
all the information you will
need to stay up to date and
provide feedback on the
project, including upcoming
community events, City
public meetings, reports
and resources, and other
opportunities.

Sea Levels, which are impacted
by global warming, are
projected to rise by at least
55 inches during the next 100
years. As sea levels rise, the
Hayward shoreline, as well as
industrial, commercial, and
residential areas along creeks
and drainage ways, will become
more and more vulnerable to
water inundation during both
normal high tides and flooding
during major storm events.

To learn more about potential
impacts of sea level rise in
Hayward, please read the
Hayward Regional Shoreline
Adaptation Master Plan.
https://www.hayward-ca.gov/
shoreline-master-plan
Rising Sea Level
January 2023
18 Housing Element | City of Hayward
NAACP Events
On April 30, 2022 and May 21, 2022, City staff attended community meetings at the Hayward NAACP Branch Office,
located at 1218 B Street. The Hayward NAACP meetings
provided an opportunity for African Americans and other minorities to learn about the Housing Element and to provide input on some of the issues they are facing in trying to secure affordable, quality housing in Hayward. The April 30 event was attended by approximately six people and the May 21 even was attended by approximately 40 people. In addition, staff from the Housing Division presented information on housing resources and assistance for people who may need some assistance in paying their rent and utilities due to the COVID-19 pandemic.

Community comments received at these events included
concerns about access to affordable housing and transportation options, limitations on rent increases, not requiring stringent background and credit checks for rental housing and subsidized housing specifically, and general inquiries about rental and mortgage assistance programs.

Hayward Promise Neighborhood
On May 21, 2022, City staff attended a Hayward Promise Neighborhood (HPN) community meeting at Tyrrell Elementary School on May 12, 2022. The HPN was established with a federal grant from the US Department of Education, and it supports a collaborative partnership between government agencies, non-profits, businesses, and educators to support residents and students who attend partner schools within the Hayward Unified School District. The HPN provides comprehensive, high-quality educational and social support to ensure the long-term health, safety, and economic well-being of the Jackson Triangle and South Hayward Harder-Tennyson neighborhood.

There were approximately seven people in attendance from the Community Childcare Council of Alameda County who live and work in Hayward as well as mothers whose children attend Tyrell Elementary School. The majority of attendees spoke Spanish and translation services were provided. General comments from the attendees included:
Widespread concern that the cost
of housing is too high.
Request to apply for and be eligible for
affordable housing opportunities as they
become available in the community.
Request for first time homebuyer’s programs
Request for landlord/community meetings to
discuss housing problems and tenants’ rights.
Concerns about the neighborhood and
safety including a concern about the high
number of liquor stores in South Hayward
compared to other parts of Hayward;
increasing safety for pedestrians including
pedestrian crossings and street lights; and,
concerns about increases in homeless
individuals within neighborhoods.
2023-2031 Housing Element Update
January 2023
19 Housing Element 101 Informational Meetings with Committees, Planning Commission, and City Council
In the Fall of 2021, the City held Housing Element 101 informational meetings for the Housing and Homeless Task Force, the Planning Commission, and City Council to notify the public and decision-makers about the Housing Element Update. At the meetings, City staff provided an overview of recent State Laws, took comments on updates to the Affordable Housing Ordinance and introduced the Housing Element process. The meetings were public workshops and posted on publicly available agendas. While members of the public attended the meetings, there were no public speakers on the item. Task Force, Planning Commission, and Council comments centered on the following topics:
Prioritize Housing Element outreach to underserved and hard to reach groups by getting out into the community; conduct outreach at schools and colleges; work with advocacy groups to reach special needs groups to determine actual housing issues and needs; and ensure that materials are translated into other languages.
Keep equity and Affirmatively Furthering Fair Housing goals at the center of the project. Include policies to expand fair housing, reduce racial and income segregation, increase affordable housing opportunities, and use the housing element to educate about past policies such as redlining and housing discrimination.
Focus on housing affordability and how to make high density housing more livable. Explore creative opportunities, actions and programs around financing affordable housing. Describe the barriers to market rate and affordable housing development and discuss ways the City can reduce barriers to development.

Individual Meetings and Focus Groups
January through May 2022, City staff met with representatives from various advocacy and interest groups including Community Resources for Independent Living (CRIL), the Hayward Promise Neighborhood, and NAACP to notify and partner with the groups to get the word out about the Housing Element Update.

On June 10, 2022, the City conducted a focus group with CRIL consumers. While CRIL advertised the opportunity widely, a total of four individuals participated and provided insights into the combined issues of housing and transportation accessibility for individuals with disabilities.

Three of the individuals are renters and one is a homeowner who works with CRIL consumers.

Specific issues raised during the focus group included: the high cost of housing, particularly for individuals on fixed incomes; the need to live with roommates, caregivers or others to assist with the activities of daily living; difficulty accessing and navigating public transportation and rideshare systems to get to work, doctor appointments and other locations; the desire to see infrastructure improvements (sidewalks, trails, open space and parks) built to be accessible to individuals with disabilities; the desire to see affordable housing constructed in close proximity to commercial and service uses; and, ensuring that landlords maintain and upgrade buildings to ensure accessibility for all individuals.

The City will continue to reach out to various groups to see if there is an interest in conducting additional focus groups.

January 2023
20 Housing Element | City of Hayward
Community Partner: Chabot College
Chabot College is a public community college in Hayward, as part of the Chabot-Las Positas Community College District. Chabot College has served the communities of Hayward, Union City, San Leandro, Castro Valley, San Lorenzo, Ashland, Cherryland, Fairview, and Sunol for over 50 years, and is a nationally recognized leader in community college innovation of education experiences.

The City contracted with Chabot College to have students from two English classes interview Hayward residents around the issues of housing including housing conditions and concern about eviction or not being able to pay mortgages; experiences with neighbors; experiences with discrimination; perceptions of concentrations of poverty within Hayward; perceptions of homelessness; experiences of environmental pollution; rankings of importance for schools, transit, jobs, retail, libraries and other community assets; and hopes and dreams for the future.

The students interviewed 388 Hayward residents and the responses were mapped by the City’s Geographic Information Systems technicians and is available at maps.hayward-ca.gov.

The interviews are summarized in Attachment A and quotes from the interviews are included throughout this document. Figure 1 shows the location of interviewees that participated in the housing survey.

On April 25, 2022, City staff attended an event at Chabot College where professors and approximately 30 students discussed topics related to housing, gentrification and displacement, pollution and dumping, and other findings from the interviews. Both interviewers and some interviewees attended the meeting to listen to student presenters. City staff present at the event were able to provide translation services as needed.

Figure 1 – Chabot College Housing Surveys
2023-2031 Housing Element Update
January 2023
21 Project Website
To further facilitate the distribution and gathering of information, the City created a separate project website dedicated to the Housing Element update. The project website provided detailed background information on the Housing Element, frequently asked questions, links to upcoming and past event materials, links to articles and videos on the topics of Housing, Climate Change, Environmental Justice among other resources. The videos on housing included such as the legacy of redlining, the History of Russell City in Hayward and explainers on zoning among other topics (https://haywardhousingandclimateupdate.com/learn-more/). Project materials associated with the Housing Element update were regularly posted on the project website, including documents from the gallery event, information for upcoming events, and virtual workshop PowerPoint presentations and video recordings. A link on the website enabled people to sign up for project email updates and provide comment at any time throughout the project process.

January 2023
22 Housing Element | City of Hayward
To encourage public engagement and to connect the Housing Element work to people’s lived experiences, the City posted a story on Instagram asking Hayward residents what three words they would use to describe their housing situation and added a banner on the project website directing people to share their “three word stories” around their housing situation in Hayward.

The input provided through Instagram and project website included the following:
“Not Senior Friendly”
“Noisy, Dirty, Congested”
“Real Bad Mold”
“Things Getting Worse”
“Blessed, Loved, Expensive”
“Own, Respect, Blessed”
“Comfortable, Inaccessible, Cost-Effective”
“Pretty Darn Good”
The three-word theme was carried through the interviews conducted by Chabot students which are included as an attachment to this report.

In addition to the three-word stories, people posted general comments through the website that encompassed the following themes:
A desire to see more assisted living options
and deed restricted low-income housing for
seniors.
A desire to see more high density and mixed
income housing near transit.
An ordinance to prevent smoking in multifamily residential complexes. Concern around increased air pollution
related to traffic and questions about how
the City and region will provide water
necessary for increased housing and
population given the ongoing drought in
California.
A letter from YIMBY/Greenbelt Alliance
urging the City to consider rezoning to allow
for higher density development.
A letter from a consortium of various
community-based organizations providing
guidance and recommendations on public
participation.
A letter from a Hayward resident and UC
Berkeley graduate student commenting on
AFFH requirements, the City’s Balancing
Act tool and assumptions related to
development in certain areas, and general
comments on counting ADUs and other sites
in the inventory.

The project website is available at: https://haywardhousingandclimateupdate.com/. 2023-2031 Housing Element Update
January 2023
23 Balancing Act: Housing Sites Simulation
The City made available a housing sites simulation from April 8, 2022 to May 13, 2022. The sites simulation gave the public an opportunity to provide comments and recommendations relating to housing in Hayward. The activity was sent out via email lists to interested parties and was advertised on the City’s social media and website. There were 19 participants that provided 44 comments on 1,722 potential housing sites. The input provided by the participants is included in Table 1. Input gathered through this activity was used to guide the City’s site selection process.

Table 1 – Balancing Act Simulation Summary

FOCUS AREA RECOMMENDATIONS
Caltrans
Corridor
Build higher density housing in South Hayward near BART station Create a pedestrian-friendly, transit-oriented “Main Street” Downtown
Area
Build high-density residential development
Encourage walkability to dining, entertainment, and services in Downtown while also promoting new housing development
Remove parking minimums because of walking distance to BART station Mission
Boulevard
Revitalize the area due to empty and underutilized lots Concern regarding limited resources and opportunities for walkability Build affordable housing or homeless shelter in the area Residential
and MixedUse Area
Add more housing in North Hayward
Include mid-density townhomes around commercial development and amenity hubs, since Hayward has a lot of infill sites
Citywide Prioritizing residential development on empty lots first Concern about the identified locations generally requiring cars for transportation due to limited public transit
Increase density along major corridors, including Tennyson and Industrial, to encourage small businesses and public transit use
Limit residential development near the hills because of earthquakes and landslides as well as areas located near the shore because of climate change-induced sea level rise
24 Housing Element | City of Hayward
Housing Survey
The City prepared and distributed Surveys inquiring about housing, access to resources, and experiences with discrimination to all individuals in the City of Hayward. The project website hosted an online housing survey for 60 days (from January 10 to March 10, 2022). The surveys were translated into Spanish and Mandarin. To encourage participation, the City advertised a drawing for five $50 Hayward business gift cards for individuals who completed the survey. There were 64 survey participants (60 surveys completed in English, 3 surveys completed in Spanish, and 1 survey completed in Chinese). The input provided by the participants included the following major themes:
High Cost: Difficulty finding affordable
housing, paying the deposit for rental
housing, and monthly rental housing costs
were identified as housing challenges
personally experienced by survey
participants.
Housing Accessibility: Affordability,
homeownership, and availability of housing
were identified the most urgent housing
issues in Hayward.
Need More Homes: Entry level or starter
homes, co-living housing, apartments, and
condominiums were identified as housing
types needed in Hayward.
Housing Types: Mixed support of
diversifying housing types and increasing
housing overall in Hayward.

City Council and Planning Commission
Study Session
On June 23, 2022, the Planning Commission
held a Work Session on the draft Housing
Resources, Inventory and Housing Plan of the
2023-2031 Housing Element. At that meeting,
the Commissioners asked clarifying questions
such as how many properties on the sites
inventory are publicly owned, how many units
are at risk of conversion from affordable to
market rate housing during the next cycle,
whether the sites inventory identified tenure
of housing units, and the technical definition
of “cost burdened.” One Commissioner voiced concerns about the loss of local control due to recent State Laws. Other Commissioners suggested that the City Council consider ground leasing publicly owned properties to developers rather than selling the land; voiced a desire to see mixed income and mixed tenure projects so that low- and moderate-income households could have the opportunity to purchase homes; and said that education and outreach related to resources and assistance should remain a major priority in the next cycle. One member of the public spoke and agreed that resources should be allocated to a mix of rental and ownership opportunities at all levels of affordability.

January 2023
On July 5, 2022, the City Council held a
Work Session on the Housing Resources and
Inventory and Housing Plan. At that meeting,
Councilmembers asked questions about
specific sites and how the inventory was
derived; expressed a desire to protect industrial
and commercially zoned land; asked general
questions about the RHNA and the numbers
in Hayward relative to the region and the area
median income of Hayward versus the region;
examine eviction rates, foreclosures and
understand the investors who are purchasing
housing in Hayward; recommended that the City
partner with Chabot College and Cal State East
Bay to expand housing for students; wanted to
ensure the Housing Element prioritized seniors
and other households on fixed incomes; and,
expressed concerns about the ongoing drought
and impacts of water supply on potential
development.

At that meeting, four members of the public
spoke about the need for affordable housing;
opportunities for low income households to
be able to purchase homes; additional housing
for seniors and individuals with disabilities and
special needs; the desire to see complete streets,
services and assistance for individuals with
disabilities and special needs; and, a concern
about displacement. One individual representing
the Carpenters Union asked the City Council to
adopt a policy in the Housing Element requiring
developers to use union labor that provide
apprenticeship programs, retirement and health
benefits.

Public Workshop
On July 27, 2022, the City hosted a virtual
Housing Element Workshop on Zoom. The
meeting was advertised on the project website,
directly emailed to over three hundred
individuals who requested to be updated about
the project and advertised on social media.

There were 17 participants in the meeting
(although 45 individuals registered for the
2023-2031 Housing Element Update 25
January 2023
Housing Element | City of Hayward
meeting), which started off with a brief poll which indicated that the attendees were split between homeowners and renters and lived in zip codes throughout Hayward. Attendees were also asked to submit three words to describe their housing situation and we used those words to develop the word cloud on this page. The discussion focused on greatest housing needs including individuals experiencing homelessness and the need for wraparound services; the need for affordable housing for students, workers and renters who are being priced out of the Hayward market; creative solutions to the housing crisis such as providing housing vouchers to be used as hotels/motels or converting hotels to transitional housing; questions about vacancy rates and updates to the Inclusionary Housing Ordinance; and questions about future approved and planned development in the Hayward hills.

Draft Housing Element Available for Public Input
Hayward’s Draft 6th Cycle Housing Element was posted from July 14, 2022 through August 14, 2022. Fourteen responses were received during the public review period from multiple members of the community and organizations such as Bay Area Rapid Transit (BART), Campaign for Fair Housing Elements and YIMBY Law, East Bay for Everyone, Transform CA. In response to public comment, City staff made changes to the Sites Inventory and revised the housing policies and programs to reflect public input on the Draft Housing Element. A comment matrix with the commenter, comment, and City response is provided in Appendix A. 26 sanctuary
spacious
nurturing
car-dependent
expensive
family
housing community
comfortable
supportive
need
aordable
beautiful
garden
comforting
January 2023
2023-2031 Housing Element Update 27
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January 2023

2. Housing
Needs
Summary
2023-2031 Housing Element Update
January 2023
29 29

2. Housing Needs Summary

2.1 INTRODUCTION
The primary goal of the housing
element is to ensure adequate
housing for all of Hayward’s
present and future residents.

Housing needs are determined
by the City’s population
and its existing housing
stock. An assessment of the
demographic, socioeconomic,
and housing characteristics in
Hayward is required to help
the City effectively target its
programs and resources toward
households with the greatest
need. This chapter discusses
the characteristics of Hayward’s
population and housing stock to
identify the extent and context of
unmet housing needs in the city.

2.2 POPULATION TRENDS
Hayward’s population is both growing and
shifting. Since 1990, Hayward’s population
grew by 44 percent. Along with the increase
in population size, Hayward has become
increasingly diverse. Groups with the
largest percent growth are Hispanic/Latino,
followed by Asian residents. In addition to
the diversification of the population, age
groups have also shifted. From 2000 to
2019, older aged adults 65+ have increased
by 35 percent. Adults aged 35-64 also grew
by 27 percent, marking a steady increase of
median age of 31.9 in 2000, to 35.5 in 2019.

Conversely, those under 5 years old dropped
by almost 13 percent. In addition, those aged
5-19 years decreased by nearly 8 percent.

Residents in Hayward are typically increasing
in age, while the City’s younger age groups
are also steadily declining.
12%
39%
25%
18%
6%
65+
35 - 64
20 - 34
5 - 19
Under 5

AGE CHARACTERISTICS
Source: Bureau of the Census, 2000. Bureau of the Census, 2010. ACS, 2019.

RACE & ETHNICITY
AMERICAN INDIAN OR ALASKA NATIVE (<1% [.4%]) OTHER RACE OR 2 OR MORE RACES (5%) NON-HISPANIC WHITE (16%) AFRICAN AMERICAN (9%) ASIAN (27%) NATIVE HAWAIIAN & OTHER PACIFIC ISLANDER (2%) HISPANIC / LATINO (40%) Source: Bureau of the Census, 2000. Bureau of the Census, 2010. ACS, 2019.

January 2023
30 Housing Element | City of Hayward

2.3 EMPLOYMENT TRENDS
Housing affordability should be informed by the types of jobs and income levels of those residing in Hayward. Housing that meets the needs of local residents is important for increasing the quality of life by reducing commute times to travel to and from work destinations. Incomes associated with different types of jobs and the number of workers in a household determines the type and size of housing a household can afford. Those earning more at higher-paying jobs can afford broader housing opportunities, while those with lower-paying jobs have limited housing options.

In addition, employment growth can increase the housing needs and demand.

With proximity to major transportation corridors to major firms throughout the San Francisco Bay region, Hayward is attractive to major firms in bio-medical and industrial corporations like Baxter Bio Pharma, Illumina, Plastikon Industries Inc., and Kobe Precision among others. In addition, public employers are popular employers including the Alameda County Sheriff’s Department, California State University East Bay, Hayward Unified School District and the City of Hayward.

In recent years, employment trends are changing. From 2000 to 2019, the manufacturing sector fell by 5 percent, whereas the education/health/services sector had overtaken manufacturing as the largest percentage of workers in the city. Nearly one-third of the residents are employed in either education/health/services or professional services.

HAYWARD TOP EMPLOYER SECTORS:

NUMBER OF JOBS AND MEDIAN WAGE (2020)
Maintenance
and Repair
Management Food Prep
$20,000 - $40,000 $40,000 - $60,000 $60,000 - $100,000 $100,000+ Production Healthcare
Support
Business and
Finance
Transportation Construction Education O
ce and
Admin
Sales
Source: City of Hayward Displacement Study, 2020
5,390
3,440
8,590
10,410
6,490
9,020
3,500
6,800
4,310 4,830 5,940
2023-2031 Housing Element Update
January 2023
31 2.4 HOUSING STOCK
Growth in population is
outpacing the available housing
stock in Hayward. From 2000
to 2019, the number of housing
units built grew by 9 percent
while the total population grew
by nearly 18 percent. The term
“tenure” refers to whether a unit
is owned or rented. typically
Since the 1990s, there has been
a steady decline in construction
of units is ownership
development. This indicates
that supply is not keeping
pace with demand, and that
a large portion of housing is
likely in need for rehabilitation
or repair due to gradual physical
deterioration over time because housing over 30 years old is more likely to have rehabilitation needs. Additionally, over 56 percent of the housing units built since 2000 has been ownership housing resulting in fewer housing opportunities for households where homeownership is inaccessible.

2.5 HOUSEHOLD

CHARACTERISTICS
Household composition also influences
the housing needs of a community.

Individuals living alone have different
needs than families who require
more space or larger housing units.

Though the number of households
has remained relatively constant since
2010, family households married with
children declined by 13 percent from
2000 to 2019, while single-person
households increased by nearly 16
percent in this timeframe. In addition,
only 20 percent of the rental units in
the City are 3 bedrooms or more while
79 percent of ownership housing is 3
bedrooms or more. The lack of rental
housing for large families contributes to
overcrowding.

HOUSING UNITS BY YEAR BUILT
OWNER
RENTER
1939 OR EARLIER 1940 - 1959 1960 - 1979 1980 - 1999 2000 - PRESENT 842
850
10,024
4,079
5,966
10,026
4,599
5,887
3,754
1,639

PERCENT OF OVERCROWDED

RENTER AND OWNER HOUSEHOLDS
Source: Bureau of the Census, 2000 Census; American Community Survey, 2006-2010 and 2015-2019.

RENTER OWNER
2000 2010 2019
28%
17%
20%
6% 8%
12%
Source: American Community Survey 2015-2019
32 Housing Element | City of Hayward
Households may also experience varying difficulties in
affordability and housing problems based on tenure.

Slightly less than half of Hayward’s households are
renters. Renters are more vulnerable to housing issues
and are often the first to be priced out of communities, experience cost burden, or be forced into households
in overcrowded or substandard conditions. To
alleviate rising costs, households double-up or rent
rooms, which results in overcrowding. In part, this
is due to increasing rents over time, as opposed to
homeowners locking in monthly payments for the
duration of the mortgage as they build equity. Stagnant and low-income wages coupled with increasing rents
decreases disposable income to meet basic needs
and save for financial goals which exacerbates the
wealth gap between renters and homeowners. In
addition, overcrowding tends to accelerate the physical deterioration of housing.

2.6 HOUSING AFFORDABILITY
From 2015 to 2020, home values increased by 41 percent, and median monthly rent is commonly above $2,000 per month. These costs are out of reach for residents, specifically those with very low income or low
income. As a result of
high home values and
rents, residents have less
to spend on other basic
necessities. For housing to
be affordable, a household
should not pay more than
30 percent of their pretax income on housing.

If households spend
more than 30 percent
on housing, they are
cost burdened. Similarly,
households paying 50
percent or more of their
income on housing are
considered to be severely
cost-burdened. Being
overburdened by rent can
lead to overcrowding,
substandard living
situations, and lack of

HOUSING AFFORDABILITY BY INCOME LEVEL

COMPARED TO MEDIAN MONTHLY RENT
MEDIAN MONTHLY RENT % PERCENT OF POPULATION
$0
$500
$1000
$1500
$2000
$2500
$3000
$3500
$4000

EXTREMELY

LOW INCOME

VERY LOW
INCOME
LOW
INCOME

MODERATE OR

ABOVE INCOME
3 BED: $2,523
2 BED: $2,680
1 BED: $2,079
STUDIO: $2,159
13%
13%
16%
58%
Source: HUD; Comprehensive Housing Aordability Strategy (CHAS), 2014-2018.

January 2023
2023-2031 Housing Element Update 33
money to spend on basic necessities such as
food, education, or healthcare. Across all income
levels, renters that are severely cost-burdened
comprise a higher percentage of households than
homeowners that are severely cost-burdened.

In Hayward, half of renters are cost burdened,
compared to 30 percent of household owners
that are cost burdened.

Alameda
Townhouse
Median sales price $834,800
Annual income needed to afford mortgage $161,350
Single-Family
Median sales price $1,204,300
Annual income needed to afford mortgage $229,220

2.7 SPECIAL GROUPS
Certain segments of the population may face
more difficulty in finding decent, affordable
housing due to their needs and circumstances.

Special needs may be related to employment
and income, family characteristics, disability,
or household characteristics. Special
accommodations may be required for these
groups such as on-site supportive services,
or unique building design. For example, many
seniors live on a fixed income, making it difficult
for seniors to maintain housing as rents increase. Single-parent households, most of which are female-headed, require special considerations because they often experience a higher housing cost burden relative dual income households.

Considerations for special groups including seniors, singleparent households, people living with disabilities, people living below the poverty line, and college students should be taken to ensure housing opportunities are created that meet their needs. Large households are those with 5 or more persons living in the household, and often find it difficult to find housing that accommodates the necessary number of bedrooms if the housing market does not meet their needs. This can lead to overcrowding for these larger households. These special groups may be assisted by an increase of affordable housing especially near services such as community centers, grocery stores, commercial businesses, and public transportation.

I feel like people
look down on me as
a single father and
my situation with the
kids. I always feel like
people always have an
opinion about me and
how I handle living
with two kids.
– Jabar,
Cross Streets: Amador St &
Elmhurst St
Age: 36-45
“
January 2023
Housing Element | City of Hayward
Source: American Community Survey (ACS), 2015-2019
In Hayward, 27 percent of households are senior headed households, 25 percent are femaleheaded single family households, 19 percent are large households, and around 9 percent have disabilities, around 9 percent are living in poverty, and around 9 percent are students.

2.8 DISPARATE IMPACTS
Historically, racist lending and property insurance policies, zoning requirements, and criminal records policies have excluded people from housing opportunities and choices solely based on a person’s race or color of their skin. Today, these discriminatory practices are referred to as disparate impacts, and are still prevalent today and further discriminate against someone’s disability, religion, sexual orientation, or familial status. The Fair Housing Act prohibits discrimination in housing and housing-related services and works to ensure that every person be treated with respect and dignity and ultimately have an equal right to housing. 34 25%
Senior-headed
households
19%
Large households
~9%
Have disabilities
~9%
Students
25%
Female-headed
single family
households
~9%
Live in poverty
January 2023
2023-2031 Housing Element Update 35
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January 2023

3. Projected
Housing
Needs
2023-2031 Housing Element Update
January 2023
37 3. Projected Housing Needs

3.1 INTRODUCTION
State Housing Element Law (Govt Code 65580 et. seq.) requires regional Metropolitan Planning Organizations (MPOs) to identify each member jurisdictions’ “fair share allocation” of the RHNA provided by HCD. Each city and county must demonstrate their capacity to accommodate their local share of regional housing needs in the community’s housing element. Each jurisdiction holds the responsibility for meeting their RHNA numbers.

The Association of Bay Area Governments (ABAG), the MPO for Hayward, adopted its 6th cycle RHNA Allocation Methodology in December 2021. Each local government must demonstrate how it will accommodate the RHNA in the Housing Element by 2023. ABAG considered several factors for determining the allocation, which weighed both projected and existing housing need. Projected need of housing was informed by household growth, future vacancy need, and replacement need, while existing need considered transit accessibility, jobs accessibility, and residual need in disadvantaged communities weighing factors such as overcrowding. The distribution of the RHNA across all four income categories factored in a social equity adjustment, which allocated a lower portion of lower-income RHNA jurisdictions that already had high concentrations of such households in comparison the County, and inversely, allocated a greater proportion of said households to jurisdictions lacking an existing concentration of lower-income households. The social equity adjustment also includes the goal to Affirmatively Further Fair Housing (AFFH), which adjusted the distribution of RHNA in jurisdictions either very low or very high resource areas.

RHNA ALLOCATION
12%
12%
13%
18%
Number 46%
of Units
2,115
817
617
528
547
Above Moderate
(> 120% of AMI)
Moderate
(81% to 120%
of AMI)
Low
(51 to 80% of AMI)
Very Low
(30 to 50% of AMI)
Extremely Low
(<30% of AMI)
Alameda County
AMI=$142,800
January 2023
38 Housing Element | City of Hayward
Projected housing needs are broken down by income level categories based on definitions in the California Health and Safety Code (Section 50079.5). HCD calculates these limits as “extremely low,” “very low,” “low,” “median,” “moderate,” and “above moderate” and publishes these at the county level.

Hayward’s share of regional future housing needs
is 4,624 total units for the January 2023 through
January 2031 planning period. In the prior
planning period, Hayward was allocated 3,920
housing units during the 2015-2023 5th Cycle
Housing Element. The current 6th Cycle RHNA
for the planning period of 2023-2031 represents
an increase of approximately 18 percent over the
previous RHNA cycle.

While the City is not responsible for the actual
construction of these units, the City is responsible
for ensuring that there is adequate land zoned
to accommodate the housing allocation and
for creating the regulatory framework in which
the private market could build the number
of units and unit types included in the RHNA
allocation. This includes the creation, adoption,
and implementation of policies, zoning standards, municipal code changes, and/or economic incentives to encourage the construction and feasibility of various types of units. 2023-2031 Housing Element Update
January 2023
39 THIS PAGE LEFT INTENTIONALLY BLANK.

4. Housing
Resources
2023-2031 Housing Element Update
January 2023
41 4. Housing Resources

4.1 INTRODUCTION
The following section provides a summary of vacant or underutilized land available to accommodate future housing, an overview of the resources available to support continued development, preservation, and rehabilitation of housing in Hayward. The full Sites Inventory analysis is located in Appendix C. This section also includes a list of federal, state, and local programs that provide financial assistance to support the City in meeting its housing goals.

4.2 LAND RESOURCES
A critical part of the Housing Element is
the Sites Inventory, which identifies a list of
sites that are suitable for future residential
development. State law mandates that each
jurisdiction ensure availability of an adequate
number of sites that have appropriate zoning,
development standards, and infrastructure
capacity to meet its fair share of the regional
housing need at all income levels. This
inventory of sites is a primary tool that assists
in determining if a jurisdiction has enough
available land to support its RHNA, given the
current regulatory framework.

The City’s available land and adopted Land
Use Element of the General Plan offers
adequate capacity to accommodate the
City’s RHNA for all income categories. Zoning
code amendments and rezoning is not
necessary to implement the RHNA allocation.

New residential development in the City of
Hayward is expected to occur primarily in
the areas covered by the Downtown Specific
Plan, Mission Boulevard Specific Plan, and
Former Route 238 Corridor which are in close
proximity to commercial services and high
frequency transit and allow for high density
development.

My biggest dream is to
have a granny unit in
my back yard as there is
enough space...to bring
this dream to reality, I
need enough funds and
go through all the city
ground rules to make it
happen. I might have to
have a second plan if the
above doesn’t work out.
– Geovanni,
Cross Streets: Eldridge Ave &
Inglewood St
Age: 56 and older
“
January 2023
42 Housing Element | City of Hayward
Accessory Dwelling Units
The City has seen an increasing activity of junior and accessory dwelling units (J/ADUs) since State laws passed in 2018 that facilitated the development of these secondary units. Given the increasing permit applications for J/ADUs in Hayward, this Housing Element assumes credits of J/ ADUs towards the City’s RHNA. Assuming that annual J/ADU permits will average 40 units per year, the City assumes a total of 320 ADUs that will be permitted between 2023 and 2031. The annual projection comes from the average number of permitted ADUs between 2018 and 2021 in the City.

Entitled and Proposed Developments
The Housing Element can apply units in pipelines projects towards RHNA if it can be demonstrated that the units be built by the end of the 6th cycle’s planning period. The City has identified 1,895 units in 28 projects that have been planned, approved, or proposed but not yet permitted. Of these projects, 5 are 100 percent affordable, 13 projects have an affordability component in compliance with the City’s Inclusionary Housing Ordinance, and 10 projects consist solely of market-rate units affordable to above-moderate households (see Table C-3 in Appendix C). These projects are generally clustered along the Mission Boulevard Code as well as within Hayward’s Downtown.

Figure 2 shows the geographic location of the projects currently in the pipeline in addition to Appendix C, Housing Resources.

Figure 2 – Pipeline Projects
2023-2031 Housing Element Update
January 2023
43 Identification of Sites Suitable for Housing
New residential development is expected to occur primarily in the areas covered by the Downtown Specific Plan (DSP), the Mission Boulevard Code area (also known as Mixed Use Corridor PDA), and Former Route 238 Corridor. Development codes in these areas create a vision for resilient, safe, walkable, attractive neighborhoods and allow for high-density mixed-use development. Specifically,
The DSP shifts from districts solely shaped by allowable uses to a more hybrid approach that accommodates more mix of uses and considers the physical character of development (building form, design, and function) that contribute to neighborhood quality and characteristic. This shift towards a form-based code is intended to provide increased predictability to property owners and developers throughout the development permitting process and achieve more compact walkable neighborhood environment. The Development Code develops PlaceTypes ranging from Neighborhood Edge, Neighborhood General, Urban Neighborhood, Downtown Main Street, Urban Center to achieve an integration of a multi-modal circulation system and new pedestrian oriented public spaces. The Mission Boulevard Code implements similar goals for compact and mixed-use development through the application of zoning districts to include: Corridor Neighborhood, Neighborhood Node, Corridor Center, Civic Space, and Planned Development, with applied zoning overlays to regulate portions of the corridor. These include Transit Oriented Development, Commercial Overlay Zone 1 and Commercial Overlay Zone2.
Finally, Former Route 238 Corridor will accommodate large-scale, affordable mixed-use projects across the parcel groups. The City has entered into an agreement with Caltrans to dispose of the properties by 2027, thus the City retains ultimate control over the type, density, amenities and amount of affordable housing built on the Caltrans properties.

Estimation of Dwelling Unit Capacity
The Housing Element employs a comprehensive and iterative methodology to estimate dwelling unit capacity on a given parcel. As required by state law, the methodology must include sites that have a high potential to be developed with housing in the cycle, and reflect a reasonable estimate of the dwelling unit capacity of eligible sites that is informed by past trends and substantial evidence. In its methodology, State law has established “default” density standards for the purpose of estimating potential units by income range. In its methodology, the City assumed that realistic development capacity of the chosen sites is less than the full development capacity allowed by the parcel’s zoning or land use designation; however, the City has reviewed and approved projects with Density Bonuses that exceed allowable density during the 5th cycle. See Appendix C, Table January 2023
44 Housing Element | City of Hayward
C-3 for a table showing the percentage of development relative to the maximum density allowed for Planned, Approved and Pending Projects approved during the 5th Cycle Housing Element.

Steep slopes, protected wetlands or watercourses, open space and parking requirements, and irregularly shaped parcels all impact the ability to achieve the maximum density allowed on the site. Based on that finding, the City assumes the realistic capacity of the Sites Inventory to be 75 percent of the maximum density under the applicable zoning or general plan designation.

Dwelling Unit Capacity Under Current Zoning Code
Under the current zoning code, the City can accommodate a total of 3,504 total units on vacant or underutilized sites in the Downtown Specific Plan (DSP) Area, the Mission Boulevard Code, and Former Route 238 Corridor.
Downtown Specific Plan – With the maximum allowed density of 110 units per acre, a total of about 20 acres can support the development of nearly 1,606 potential new units in the DSP. The Mission Boulevard Code supports varying densities ranging from 35-55 dwelling units per acre to 100 dwelling units per acre, accommodating the potential development of 1,424 new units.
The Former Route 238 Corridor plan facilitates 510 the development of 510 new units, at the maximum of 35 dwelling units per acre to 55 dwelling units per acre on the remaining sites.

Table 2 shows the dwelling unit capacity of each planning area and Figure 3 shows the geographic locations of the vacant and nonvacant opportunity sites that have been identified as part of this Housing Element.

Table 2 – Current Zoning – Dwelling Unit Capacity
General Plan Land Use Designation Acres
Number of
Parcels
Maximum
Allowed
Density
(dwelling units
per acre)
Potential New
Units
Downtown Specific Plan Area
Central City – High-Density Residential (CC-HDR) 0.44 2 110 35 Central City – Retail and Office Commercial
(CC-ROC)

19.19 27 110 1,571
Total 19.63 29 - 1,606
Mission Boulevard Code
Corridor Neighborhood (MB-CN) 11.7 5 35 – 55 428
Corridor Center (MB-CC) 7.6 8 55 – 100 521
South Hayward BART Site -
Planned Development (PD)

5.9 1 100* 439
Total 25.2 14 - 1,388
Former Route 238 Corridor
Corridor Neighborhood (MB-CN) 4.9 1 35
Sustainable Mixed Use (SMU) 10.0 1 55 412
Total 14.9 2 - 510
2023-2031 Housing Element Update
January 2023
45 Summary of Adequate Sites
Based on the current zoning, the City has a surplus of development capacity of 1,095 units including pipeline projects, ADU assumptions, and include both vacant and underutilized sites.

About 63 acres of land on 13 sites can facilitate the development of 1,607 lower income units based on the current densities permitted in the respective Zoning Districts resulting in a lower income unit surplus of 657 units. There is also the potential for 798 Moderate income units on 18 sites, resulting in a total moderate income unit surplus of 159 units. In the Mission Boulevard Code area alone, a total of 816 lower-income units can be developed on vacant or underutilized sites.

The results of the residential Sites Inventory are presented in Table 3 and further detailed in Table A, Housing Element Sites Inventory of Appendix C, Housing Resources of the Housing Element.

FIgure 3 – Opportunity Sites
January 2023
46 Housing Element | City of Hayward
Table 3 – Residential Dwelling Unit Potential and RHNA
Lower
Income
Moderate
Income
Above
Moderate
Income
Total
RHNA Allocation 1,692 817 2,117 4,624
Planned and Approved Units 550 82 1,263 1,895
ADUs Anticipated 192 96 32 320
Remaining RHNA 950 639 820 2,409
Downtown Specific Plan Area 791 434 381 1,606
Mission Boulevard Code 816 164 408 1,388
Former Route 238 Corridor 0 200 310 510
Total Units on Vacant Sites 508 226 425 1,159
Total Units on Underutilized Sites 1,099 619 627 2,345
Total Units on Vacant and Underutilized Sites 1,607 798 1,099 3,504 Total Unit Surplus 657 159 279 1,095

4.3 FINANCIAL RESOURCES
The City of Hayward receives financial resources through government programs that encourage housing production that meets the needs of all income levels. These financial resources are intended to support cities and counties in streamlining processes for affordable housing development, subsidize rents, subsidize the development of rental and ownership housing, and preserving existing housing stock. In addition to government funding, the City implements programs using a variety of local funding including the Inclusionary Housing Fund, the Rental Housing Program Fund, and the General Fund.

Community Development Block Grant Funds
Through the Community Development Block Grant (CDBG) program, HUD provides funds to local governments for a range of community development activities. The primary CDBG objective is the development of viable urban communities, including decent housing, a suitable living environment, and expanded economic opportunity. Eligible activities must meet one of three national objectives: benefit low-and moderate-income families, aid in the prevention of slums or blight, or meet other urgent community development needs.

Hayward utilizes CDBG funds to stabilize neighborhoods, provide public services, and preserve and upgrade the existing housing stock. Annually, the City receives approximately $1.5M to meet these goals. In 2021, the City was awarded $2.1 million in CARES Act CDBG supplemental funding which was used to support programmatic work in response to the COVID-19 pandemic. Much of this programmatic work supported the city’s most vulnerable communities and included Rent Relief Grants and shelter services for unhoused residents.

HOME Investment Partnership Program
Hayward receives an annual entitlement under the Alameda County HOME Consortium. HOME funds can be used for activities that promote affordable rental housing and lower-income 2023-2031 Housing Element Update
January 2023
47 homeownership, including but not limited
to: building acquisition, new construction,
reconstruction, moderate or substantial
rehabilitation, first-time homebuyer
assistance, and tenant-based assistance.

One federal priority for use of these funds is
the preservation of at-risk housing stock. In
2021, Hayward was allocated approximately
$482,000 in HOME funds.

SB2 Grants
In 2017, Governor Brown signed a 15-bill
housing package aimed at addressing the
State’s housing shortage and high housing
costs. Specifically, it included the Building
Homes and Jobs Act (SB 2, 2017), which
establishes a $75 recording fee on real
estate documents to increase the supply of
affordable homes in California. The number
of real estate transactions will vary from year
to year, and thereby the fees collected are
expected to fluctuate.

SB2 Grants provide funding and technical
assistance to help cities and counties prepare,
adopt and implement plans and process
improvements that streamline housing
approvals and accelerate housing production.

The City will be using these funds to achieve
housing goals by completing three projects:
Rezoning approximately 1,558 properties
(approximately 289 acres) zoned Single
Family Residential District to Medium or
High Density Residential District to match
the underlying General Plan designation
and creating an overlay zoning district
with CEQA review to up zone properties
currently zoned for single family and
create objective design and development
standards to maximize unit potential and
allow for a variety of housing types.
Develop Objective Design Standards to allow for streamlining for compliant projects. Update the City’s density bonus with CEQA clearance to allow for tiering. The City will explore ways to provide additional density bonus beyond state law requirements.

I would wish Hayward
city would come together
to help homeless people
to find work and shelter.

Maybe if Hayward were
to receive a grant from
the government to
help towards you know,
people who are in need of
housing. I mean, housing
is expensive for anybody
right now. Unless you’re
rich. You know, it’s really
hard to buy a house
or else you have like a
mortgage and that kind
of stuff. People need to
work together.”
– Ernesto, Homeless
Age: 56 and older
“
January 2023
48 Housing Element | City of Hayward
Local Early Action Planning (LEAP) Grants
In the 2019-2020 Budget Act, Governor Gavin Newsom allocated $250 million for all regions, cities, and counties to do their part in meeting their identified community needs by prioritizing planning activities that accelerate housing production. With this allocation, HCD established the Local Early Action Planning Grant Program (LEAP) with $119 million for cities and counties. The City of Hayward is utilizing LEAP funding to accelerate housing production and implement the 6th Cycle Housing Element. These actions include:
Prepare and adopt General Plan Updates
(including the 6th Cycle Housing Element
update, Environmental Justice Element and
Safety Element);
Develop innovative programs and policies
that will be embedded within the updated
Housing Element to fund housing
development, ownership, and rental
opportunities for all income levels and
to provide housing-related services and
programs for all segments of the population.
Development an Accessory Dwelling Unit
program that analyzes impediments to
development of ADUs in Hayward and
provide services and strategies to address
those impediments.

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

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

The Planning Division is tasked with ensuring
that land uses and new development in
Hayward comply with City codes, the General
Plan, City Council and Planning Commission
2023-2031 Housing Element Update
January 2023
49 policies, and California law. Approval of projects through the planning process is required before the City issues grading or building permits. Advanced planning programs provided by the division include a comprehensive General Plan update (including periodic update of the Housing Element), preparing and amending specific plans and design guidelines, and conducting special land use studies as directed by the City Council.

City of Hayward Housing Division
The Housing Division of the City Manager’s Office assists residents in identifying resources to help address their housing needs. The Housing Division oversees and implements the Residential Rent Stabilization and Tenant Protection Ordinance, the Tenant Relocation Assistance Ordinance, the Mobile Home Space Rent Stabilization Ordinance, the Affordable Housing Ordinance and the Housing Trust Fund. The Housing Division provides technical assistance including informational workshops to tenants, property owners, and developers about the various legislation and coordinates funding for and ensures that developers and property owners are compliant with income restrictions for affordable housing. Further, the Housing Division coordinates with the Community Services Division to ensure General Fund and CDBG funding is allocated to homeless service providers, community service providers, fair housing and legal assistance, and assistance to vulnerable populations.

City of Hayward Code
Enforcement Division
The Code Enforcement Division
of the Development Services
Department provides regulatory
enforcement services for local,
state and federal codes. Through
education and responsive
enforcement, Code Enforcement
works with private property owners,
property managers and residents
to preserve and promote safe
and healthy communities. Code
Enforcement oversees the Rental
Housing Inspection Program by
conducting a combination of
mandatory and complaint driven
inspections of rental housing.

The Residential Rental Inspection
Program (RRIP) was adopted in
1989 and is intended to protect
residents by providing access to
safe and healthy housing. The RRIP
applies to all rental housing and all
hotel and motel units.

Housing Element | City of Hayward
County of Alameda
The Housing Authority of the County of Alameda
(HACA) operates several programs funded by the U.S.

Department of Housing and Urban Development (HUD)
that provide rental housing or rental assistance for lowincome families, the elderly, people with disabilities, and others, in much of Alameda County. The programs
include:
Section 8 Housing Voucher Program
The Project-Based Moderate Rehabilitation
Programs
Section 8 Helping Veterans Achieve Housing
Stability – The Veterans Affairs Supportive Housing
(VASH) Voucher Program
Mainstream Voucher Program
Family Obligations
Affordable Housing Providers
Affordable housing providers are a critical resource for accomplishing the goals and objectives of this Housing
Element. This can be accomplished through private/
public partnerships. Since 1997, the City of Hayward,
the Former Hayward Redevelopment Agency, and the
Hayward Housing Authority has been successful in
supporting the development of 18 affordable housing
projects through private/public partnerships which
provide 1,278 units of affordable housing to low and
very low-income households. The City continues to
expand this portfolio of affordable housing. In 2018,
the City Issued a Notice of Funding Availability and
awarded development subsidy loans to three nonprofit affordable housing development projects that will add an additional 258 units of affordable housing.

Additionally in 2021 and 2022, the City negotiated
development and disposition agreements with two
affordable housing providers to develop an additional
278 units of affordable housing.
50 January 2023
2023-2031 Housing Element Update 51
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January 2023

5. Housing
Constraints
2023-2031 Housing Element Update
January 2023
53 5. Housing Constraints

5.1 INTRODUCTION
Providing decent and affordable housing is a primary goal for the City of Hayward. While the City may adopt policies and actions that promote development of new affordable housing, there are a variety of constraints that hinder development, some of which are outside of the control of a local jurisdiction. Constraints include governmental constraints such as permitting processes, zoning codes and development standards and environmental regulations; market constraints which include construction costs including labor and materials, availability and cost of land and market demand for housing; and, community concerns and opposition. This section provides an overview of these potential housing constraints.

5.2 GOVERNMENTAL CONSTRAINTS
Local policies and regulations set forth by the City are designed to balance both the housing needs and protect the health and safety of residents. Land use regulations, fees and exactions, building requirements, and residential development standards among other factors may increase the cost of development, improvement, and maintenance for housing.

Land Use Controls
In 2014, the City adopted its current General Plan to guide development through 2040. The Land Use Element sets the vision, goals, and policies for the City’s urban form and land use patterns and establishes land use categories that define the use and building intensity throughout the city. Various designations range from rural estate density to Central-City High Density residential, with allowable densities increasing in range. Each General Plan land use designation has a corresponding Zoning District which regulates uses, setbacks, lot coverage, parking requirements, open space requirements, height and other aspects of physical development that could be considered constraints. In 2019, the City adopted the Downtown Specific Plan and in 2020, the City updated the Mission Boulevard Form Based Code to encourage the development of high density, mixed-use development near transit, commercial uses, and services. Recent updates to State Law including but not limited to Density Bonus updates, Senate Bill 9 and Senate Bill 35 have provided mechanisms for developers to circumvent the more onerous land use controls in lower density areas, or request exceptions to the standards in exchange for some level of affordability in the proposed housing development.

GOVERNMENTAL CONSTRAINTS

LAND USE

DESIGNATIONS

HISTORIC

PRESERVATION

BUILDING
CODE

PLANNING AND

DEVELOPMENT FEES
ZONING

DISTRICTS

ON- AND OFF-SITE

IMPROVEMENTS
January 2023
54 Housing Element | City of Hayward
Permit, Processing, and Procedures
Timeframes for permit and approval processes
vary depending on the type of project.

Processing time needed to obtain development
permits and required approvals is a common
concern by the development community as a
prime contributor to the high cost of housing.

The development review process in Hayward
may include Site Plan Review or Use Permit
approval, approval of a Parcel Map or Tentative
Map for subdivisions, a Zone Change or General
Plan Amendment to change allowable density
or development standards. These “entitlement”
procedures typically include concurrent
environmental review.

Depending on the magnitude and complexity of the development proposal, the time for entitlement review and approval may vary considerably in cost and time to process. For example, a Site Plan Review for a small multi-family development that is processed administratively and is exempt from CEQA could take as little as six months to entitle whereas a residential development that requires a Zone Change, Tentative Map and preparation of an Initial Study could take up to a year and a half to entitle depending on the completeness and quality of the plans and the complexity of the site.

Impact & Development Fees
In addition to entitlement fees, developers are also responsible for paying impact and development fees such as park impact fees, traffic impact fees, utility fees, school district fees and affordable housing fees among others, which contribute to the overall cost per unit and can be a constraint to the development of housing.

5.3 MARKET CONSTRAINTS

MARKET CONSTRAINTS

LAND USE

AVAILABILITY

OF FINANCING TIMING

DENSITY

NIMBYISM

CONSTRUCTION COST
2023-2031 Housing Element Update
January 2023
55 Many factors affecting housing costs are related
to the regional housing market. Land value,
construction material and building costs and
increasingly availability, and labor costs all contribute to the overall cost of housing. These costs and delays
can hinder the production of affordable housing and
increase housing costs for residents. In addition, the
availability of financing can limit funding for new
developments as well as access to homeownership
for some segments of the population.

Housing Context
In 2021, the median home value in Hayward was
$874,000, a 67 percent increase from 2015 median
home values. Factors that impact housing costs
include construction costs and economic variability
such as recessions. Since the 2008 recession,
national construction costs for multi-family projects
have risen by 25 percent. Historically, new home
sales decline by nearly 15 percent on a national
average during recessions. However, the COVID-19
pandemic created a global economic recession
that had different implications. Low interest rates,
households spending more time at home and thereby
increasing the demand for housing, and homeowners
reluctant to list their home during a pandemic
created more demand for housing as home values
soared across the state.

Other costs such as construction and land costs can drive up the cost of development.

Specifically, construction costs to provide affordable units onsite in a higher-density condo project is estimated to be 20 percent higher on a per square foot basis than for townhomes. The cost of developable land is dependent on quantities of available vacant parcels for residential development. Land in the Bay Area is limited which drives up the cost of land. The total cost to acquire a parcel, relocate occupants (if applicable), and potentially mitigate for hazards can be costly and increase housing development. Combined, this poses a significant constraint to the development of affordable units, because the rent or sale prices must be high enough to justify the cost of development for developers.

Market Activity
Market activity is influenced by a myriad of factors. The availability of developer and potential homeowner financing options both impact the ability to finance the project or purchase a home. In 2020, nearly 9 percent of government backed loans and 8 percent of conventional loans were denied in Hayward. In market downturns, home improvement financing is generally Housing Element | City of Hayward
less accessible, and in 2020, around 37 percent of
home improvement loans were denied in Hayward.

In addition, loan denial rates vary by race, leaving
people of certain race and ethnicity vulnerable to
changing markets. Countywide, American Indian
or Alaskan Native individuals had the highest loan
denial rate, at almost 20 percent. Black or African
American individuals were also denied at a higherthan-average rate, at 17 percent. Asian and white individuals were denied at lower percentages.

Median home values in Hayward are less than median
home values in Alameda County; however, they are
outpacing the growth in percentage compared to
the county. As of 2021, the median house value grew
by 67 percent since 2015 in Hayward, compared to
a 60 percent growth in Alameda County. The cost of
growth may reflect the feasibility for new developers
to develop new units with rising construction costs,
cost of land, and market variability, as higher rents
can offset the cost of development. The high cost
of new construction (such as construction costs
and labor) paired with expensive land costs can
constrain residential development in areas with
more restrictive development standards and lower
achievable market rents.

5.4 COMMUNITY CONCERNS
& OPPOSITION TO HOUSING

DEVELOPMENT
In addition to governmental and market constraints
on housing production, there are also local nongovernmental constraints that can halt or prevent housing production. In recent decades, community
opposition to new housing production, especially
affordable housing, has emerged throughout
Alameda County and other California cities.

Complaints including traffic concerns, environmental
concerns, and the preservation of neighborhood
character have been known to delay projects
through California Environmental Quality Act
(CEQA) lawsuits, which are significant constraints to
housing development as they add time and cost for
developers.
56 January 2023
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January 2023
58 6.

Fair
Housing
2023-2031 Housing Element Update

6. Fair Housing

6.1 INTRODUCTION
The following section provides a summary of contributing factors that serve as barriers to opportunity and fair housing choice in Hayward. The full Fair Housing Assessment (Affirmatively Furthering Fair Housing (AFFH)discussion is in Appendix F. The section also provides an overview of programs and policies aimed at addressing barriers, thereby, increasing equitable access and opportunity to safe and affordable housing regardless of race.

6.2 CONTRIBUTING FACTORS
Pursuant to AB 686, the Housing Element must include an analysis and determination of consistency with AFFH requirements. AFFH is defined as:
“Taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. These actions must, taken together, address significant disparities in housing needs and in access to opportunity, replace segregated living patterns with truly integrated and balanced living patterns, transform racially and ethnically concentrated areas of poverty into areas of opportunity, and foster and maintain compliance with civil rights and fair housing laws.” Past and present exclusionary governmental policies and discriminatory practices in the housing market including but not limited to redlining, racial steerage and discrimination in federal policies related to government backed mortgages and private lending has resulted in neighborhoods with concentrated poverty, deteriorating housing stock and infrastructure, limited access to opportunity, unsafe environmental conditions, underfunded schools, a wealth gap between white households and households of color, among other disproportionate housing problems. In an effort to affirmatively further fair housing throughout Hayward, this AFFH document identifies the contributing factors that serve as barriers to fair housing choice and access to opportunities, and prioritizes actionable programs to increase fair housing choice and promote equitable access to opportunity.
59 HOUSEHOLDS EXPERIENCING HOUSING

PROBLEMS BY RACE/ETHNICITY

HISPANIC/LATINO NATIVE AMERICAN AFRICAN AMERICAN

ASIAN/PACIFIC ISLANDER NON-HISPANIC WHITE
63% 62% 59% 52% 38%
January 2023
Housing Element | City of Hayward
Race and Ethnicity and Access
to Resources
Historic exclusionary governmental
policies, discrimination in mortgage lending
practices and long-term disinvestment
in communities have created patterns of
racial and ethnic segregation and facilitated
racial and ethnic concentrations of poverty
across neighborhoods. Examining ethnic
and racial geographic trends within a city
is necessary in understanding fair housing
concerns, including access to economic
opportunity and safe and affordable housing.

Race and ethnic composition varies across
Hayward. Geographically, non-Hispanic white
and, to a lesser degree, Asian populations
were concentrated in Hayward’s eastern
neighborhoods. In contrast, neighborhoods
along the western end of Hayward had
predominately Asian residents, and
neighborhoods throughout the city-center were
predominately Hispanic/Latino. Similar to race
and ethnic composition, access to resources
also varies across the City. Approximately 90
percent Hispanic/Latino, 85 percent of Asian
American/API, 82 percent of Black/African
American and 79 percent of non-Hispanic White
residents in Hayward are living in areas of low
resource or high segregation and poverty. In
comparison, 10 percent of Hispanic/Latino, 14
percent of Asian/API, 17 percent of Black/African
American and 20 percent of non-Hispanic
white residents are living in moderate resource
areas throughout Hayward. Of the 50 census
tracts in Hayward, a total of 32 are considered
Low Resource, 14 are considered Moderate
Resource, and 4 are considered High Resource.

In Comparison, 35 percent of census tracts in
Alameda County are considered Low Resource,
25 percent of the census tracts are considered
Moderate Resource, and 40 percent of census
tracts are considered High Resource.

60 January 2023
2023-2031 Housing Element Update
Income
Between 2015 and 2019, Hayward had a
median household income of $85,744,
approximately 13 percent lower compared
to the County. Within Hayward, household
distribution is highest (greater than $125,000)
in neighborhoods located along the eastern
and western edges of the city. Neighborhoods
with the lowest median household incomes
(between $55,000 and $125,000) in Hayward
are concentrated throughout central and
south Hayward. In comparison, neighborhoods
located within the western and eastern
segments of Hayward had the lowest rate
of low to moderate income populations in
the city. Similar trends were prevalent for
poverty rates across Hayward, as higher rates
of poverty were estimated within central and
south Hayward compared to neighborhoods
in the periphery.

Housing Stock
According to 2014-2018 Comprehensive Housing Affordability Strategy data, approximately 48 percent of total households in Hayward experienced at least one housing problem (units having incomplete kitchen facilities, incomplete plumbing facilities, more than one person per room, and households with a cost burden greater than 30 percent). Housing problems in Hayward disproportionately affect households of color, as Hispanic/Latino (63 percent), Native American (62 percent), African American (59 percent), and Asian/Pacific Islander (52 percent) experience the highest rates of housing problems in the City. Geographically, the oldest share of housing built (built in year 1950 or earlier) is most prominent in central Hayward, indicating that housing in these areas may be in the most need or repairs and/or rehabilitation.

6.3 FAIR HOUSING GOALS AND PRIORITIES
Fair housing issues and contributing factors were identified to develop meaningful actions that provide access to safe, affordable, and vibrant housing for Hayward residents and are further discussed in Appendix F, Fair Housing Assessment. Actions to address fair housing issues are included in the housing programs located in Chapter 7, Housing Plan. They include educational outreach programs that ensure residents are aware of their rights and responsibilities regarding fair housing and furthermore investing in programs that eliminate housing discrimination.

Other actions by the City include the establishment of programs that protect its residents from displacement in areas of new development, and providing rental assistance for lower-income households who are overpaying for housing. These metrics and milestones will promote inclusive communities, increase housing opportunities, and address racial/ethnic and economic disparities in the city.
61 January 2023

7. Housing
Plan
2023-2031 Housing Element Update

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

1. Preserving, Conserving, and Improving Existing Housing

2. Assisting in the Development of Affordable Housing

3. Providing Adequate Housing Sites

4. Removing Constraints on Housing Development

5. Housing for Persons with Special Needs

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

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

Preserving, Conserving, Improving, Existing Housing Stock Preserving, conserving and improving the housing stock helps maintain investment in the community and promotes affordable housing. A survey administered by the City indicated that 55 percent of survey participants rated the condition of their residents as “excellent” while 45 percent or participants had housing problems that would require minor to major rehabilitation.

As described in Appendix F, Fair Housing Assessment Section 8.1, Housing Problems, most of 63 January 2023
Housing Element | City of Hayward
the housing stock in Hayward is more than 30 years old. Typically, housing over 30 years old is more likely to have rehabilitation needs that may include new plumbing, roof repairs, foundation work, and other repairs. Some older housing units may have health risks such as lead paint and asbestos. Further, housing problems in Hayward disproportionately impact households of color.

Preventing these problems from occurring and addressing them when they do occur protects the safety and welfare of residents and assists in meeting housing needs throughout Hayward, particularly the most vulnerable residents. The City will focus its efforts on rehabilitation, code enforcement, rental housing inspection, preserving existing affordable units, and implementing anti-displacement policies and programs to take a proactive approach to preserving, conserving and improving the current housing stock. An important part of preserving the existing affordable housing stock is ensuring that subsidized affordable housing units maintain their affordability and do not convert to market-rate units. Policies in this section focus on improving the existing housing stock and assisting in the preservation of affordable housing.

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

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

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

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

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

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

PROGRAM H-1: Minor Home Repair Program
The Minor Home Repair Program provides rehabilitation grants up to $10,000 to qualified lowerincome households, including elderly and/or disabled homeowners, to make minor home repairs to address health and safety problems, correct code deficiencies, and improve the exterior appearance of homes. Priority will be given to work that corrects health and safety issues, and to accessibility modifications for people who have disabilities. 64 January 2023
2023-2031 Housing Element Update

ACTIONS OBJECTIVE AND TIMEFRAME
Action 1.1: Provide housing rehabilitation assistance to lower-income, elderly, and/or disabled households.

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

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

Ongoing.

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

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

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

ACTIONS OBJECTIVE AND TIMEFRAME
Action 2.1: Systematically inspect rental units throughout the city to safeguard the stock of safe, sanitary rental units within the city and protect persons entering or residing in rental units.

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

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

Amend the HMC by January 2025.

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

Maintain current information on the City’s website
and provide information to a minimum of 100
renter households annually through workshops,
non-profits or advocacy groups, and direct
outreach at the Permit Center and in the field.

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

Begin providing annual trainings to staff by 2024.

Implements the Following Policies H-1.1, H-1.2, H-1.3
Responsible Agency Development Services
Funding Sources General Funds
65 January 2023
Housing Element | City of Hayward
PROGRAM H-3: Preservation of At-Risk Affordable Housing This program is intended to support the preservation or acquisition of restricted affordable units and unrestricted affordable units that could potentially convert to market-rate units during the planning period. The City will monitor all units and assist property owners in maintaining the affordability of these units and assist tenants if preservation is unsuccessful.

ACTIONS OBJECTIVE AND TIMEFRAME
Action 3.1: Monitor the status of the five projects and 295 units at risk of conversion to market-rate units during the planning period and seek to preserve these affordable
units for extremely low-income households and very lowincome households. The five projects include:
Hayward Villa
Josephine Lum Lodge
Sycamore Square
Wittenberg Manor II
Weireb Place
Annually.

Action 3.2. Reach out to property owner to inquire about their plans for the property with the expiring regulatory controls and assess the risk of loss of affordable housing units.

Send correspondence to property owner three years
prior to termination of regulatory controls. Objective is to ascertain risk of loss of affordable units and identify if the City as resources to preserve the units.

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

Send notice to property owner three years prior to
potential project conversion. Provide follow-up with
contacts one year and six months prior to conversion if property owner fails to comply. Objective is to ensure
qualified non-profit entities are notified of acquisition opportunities and to ensure tenants are aware of the
impending changes.

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

Inform property owner three years prior to potential
project conversion whether funding is available to
preserve the affordability restrictions. The objective is to incentivize the sale to a qualified non-profit entity.

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

Subject to availability of Inclusionary Housing Trust funds, issue NOFA at least once during compliance period and
establish an affordable housing development pipeline
inclusive of project that convert market rate housing to affordable housing.
66 January 2023
2023-2031 Housing Element Update

ACTIONS OBJECTIVE AND TIMEFRAME
Action 3.6: Support qualified affordable housing
developers that acquire and convert naturally occurring affordable housing to restricted affordable housing
meet state or federal funding application requirements
that subject to City review or support. The City may
choose not to support projects that pose a high risk of displacement of existing tenants.

On a case-by-case basis.

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

Ongoing on a case-by-case basis.

Implements the Following Policies H-1.4, H-6.4
Responsible Agency Development Services, City Manager
Funding Sources HOME, Inclusionary Housing In-Lieu Fees, Housing Choice Vouchers, and other federal and state housing funds
Assisting in the Development of Affordable Housing
Providing affordable housing is essential for a healthy community. Seeking funding from varied sources increases the opportunities for the development of affordable housing units. The City works with both non-profit and for-profit developers in the production of affordable for-sale and rental housing. Recognizing a variety of housing needs, the City supports the development of affordable housing opportunities ranging from creation of rental housing that meets the needs of extremely low, very low, and low income households to creation of ownership housing for lower and moderate income households to improve housing stability, help instill a pride of ownership, and increase wealth building opportunities.

Goal H-2: Assist in the provision of housing that meets the needs of all socioeconomic segments of the community.

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

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

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

H-2.4: Integration of Affordable Housing: The City shall encourage a mix of affordability levels in residential projects and encourage the dispersal of such units to achieve greater integration of affordable housing throughout the community.
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H-2.5: Partnership with Affordable Housing Developers: The City shall maintain a funding process to award affordable housing in-lieu fees to affordable housing builders to support the development of affordable housing
H-2.6: Financial Assistance: The City shall identify new funding sources and strategies to support affordable housing.

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

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

Subject to availability of Inclusionary Housing Trust funds, issue NOFA at least once during compliance period and
establish an affordable housing development pipeline of at least three affordable housing projects. Hold an annual meeting with developers to inquire about upcoming
projects. Utilize the Conceptual Plan submittal process to identify affordable housing developments that may
need local funding or loan/grant preparation assistance.

Additionally, NOFA’s will be issued once sufficient funding is available fund at least one project. In-lieu of a NOFA, the City may choose to allocate available housing development funds to existing City supported projects in order to
address funding gaps that prevents the project from being competitive for tax credit or bond financing and/or starting construction. Allocation of funding to developers will
likely be on a biennial basis subject to availability of funds.

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

Annually, review proposed development budgets and
schedules for City funded affordable housing projects to identify the need for City support with funding applications.

Upon request, provide support for non-city funded
affordable housing development project.

Action 4.3: Subject to funding availability, provide
development subsidy for at least three affordable housing developments. Prioritize subsidy for financing for rental housing units affordable to lower-income households and households with special needs and projects that promote the City’s goals relating to transit-oriented development and jobs/ housing balance.

Assist in the development of at least 200 lower income
units over the eight-year planning period.
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2023-2031 Housing Element Update
Action 4.4: Through the NOFA process described in
Action 4.1,, use state, federal, and local In-Lieu Fees to reimburse the cost of land for the development of
extremely low-, very low-, low-, and moderateincome housing.

Any development subsidy awarded to affordable housing
developers can be applied to acquisition costs at the
time the project closes all project funding. As described in Action 4.1, this will likely to happen on a biennial basis. Additionally, the City will support or partner with developers in application for state or federal funding on an as needed basis.

Action 4.5: Subsidize the development of affordable
housing through disposition of City-owned land where
feasible and provision of development subsidy when
available.

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

Action 4.6: Adopt written policies and procedures for
the City of Hayward Public Works - Utilities Division
(Water and Wastewater) that grants priority to proposed developments that include housing affordable to lowerincome households pursuant to Government Code Section 65589.7.

Adopt by January 2025.

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

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

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

Ongoing on a case-by-case
basis.

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

Adopt updated Density Bonus
Ordinance by June 2023.

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

Meet with four qualified
housing developers annually.

Adopt updated Density Bonus
Ordinance by June 2023.

Action 5.4: Provide technical assistance to developers on how to use the Density Bonus incentives.

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

Implements the Following Policies H-2.2, H-2.4, H-3.1
Responsible Agency Development Services
Funding Sources General Fund
PROGRAM H-6: Inclusionary Housing
Inclusionary housing regulations help increase the availability of affordable housing stock in the city. Hayward’s Inclusionary Housing program requires that a certain percentage of new residential developments units be made affordable to very low-, low- and moderate-income households, depending on whether the project is intended as ownership or rental housing. Having these programs for inclusionary requirements in place proactively as new markets for investment emerge through the city can serve as a program to mitigate displacement and meet the needs of vulnerable populations. The inclusionary housing ordinance specifies the following:

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

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

Developers may also pay an affordable housing in-lieu fee as an alternative to providing affordable units. These fees are placed in the City’s Affordable Housing Trust Fund and are used to fund affordable housing development.
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2023-2031 Housing Element Update

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

Complete feasibility study by June 2023.

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

Modify the ordinance by January 2024.

Action 6.3: Following the adoption of the modifications to the Affordable Housing Ordinance, monitor the
effectiveness of the current Inclusionary Housing Program to determine if modifications would be necessary.

Conduct a subsequent feasibility study if monitoring
results in findings that ordinance may not be maximize
production of affordable units or may be adversely
affecting market‐rate development.

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

Funding Sources General Fund; In-Lieu Fees
PROGRAM H-7: Housing Choice Vouchers
The Housing Choice Voucher (HCV) Program is the federal government’s major program for assisting families with very low income and people who are elderly and/or have disabilities to afford decent, safe, and sanitary housing in the private market. This program is administered by the Housing Authority of the County of Alameda (HACA). Under this program, renters with very low income receive supplemental assistance for rent so they can afford standard housing without becoming rent burdened.

Since housing assistance is provided on behalf of the family or individual, participants can find their own housing, including single-family homes, townhouses, and apartments. The participant is free to choose any housing that meets the requirements of the program and is not limited to units located in subsidized housing projects. A family that is issued a voucher is responsible for finding a suitable housing unit of the family’s choice where the owner agrees to rent under the program.

This unit may include the family’s present residence. Rental units must meet minimum standards of health and safety, as determined by HACA. A housing subsidy is paid to the landlord directly by the HACA on behalf of the participating family. The family then pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. 71 January 2023
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ACTIONS OBJECTIVE AND TIMEFRAME
Action 7.1: Cooperate with the HACA to provide tenantbased rental assistance.Assist approximately 1,844 households through Section 8 Vouchers during the planning period.

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

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

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

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

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

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

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

Upon request by HACA.

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

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

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

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

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

Funding Sources HUD
Providing Adequate Sites
A major part of meeting the housing needs of all segments of the community is the provision of adequate sites to facilitate the development of all types, sizes, and prices of housing throughout the City. Persons and households of different ages, types, incomes, and lifestyles have a variety of housing needs and preferences that evolve over time and in response to changing life circumstances. Providing an adequate supply and diversity of housing accommodates changing housing needs of residents. The Hayward General Plan, Zoning Ordinance, and various design/ concept plans establish where and what types of housing may locate in the city. To provide adequate housing and maximize use of limited land resources, new development should be constructed at appropriate densities that maximize the intended use of the land. 72 January 2023
2023-2031 Housing Element Update
Goal H-3: Provide suitable sites for housing development that can accommodate a range of housing by type, size, location, price, and tenure.

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

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

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

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

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

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

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

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

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

H3.10: Residential Sites Inventory: Maintain a vacant and underutilized residential sites inventory and assist residential developers in identifying land suitable for residential development.

PROGRAM H-8: Ensure Adequate Sites to Accommodate Regional Fair Share of Housing Growth. 73 January 2023
Housing Element | City of Hayward
The City was allocated a RHNA of 4,624 units for the 2023-2031 Housing Element planning period. With anticipated pipeline projects and projected ADUs, a total 2,215 units can be credited toward the City’s RHNA. The remaining 2,409 RHNA units (950, 639 moderate, and 820 above moderate-income units) must be accommodated through adequate sites planning. The sites inventory capacity analysis found that existing land use designations can accommodate the RHNA on vacant and underutilized land (see Appendix C, Housing Resources, for more information).

Future residential growth is expected to occur primarily on vacant and nonvacant parcels in the Downtown Specific Plan area and Mission Boulevard corridor and on the former Caltrans Route 238 corridor.

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

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

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

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

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

Annually as part of the APR.

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

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

Action 8.5: Maintain a list of publicly owned properties with potential for residential development. These
parcels are periodically assessed for their potential
redevelopment or development for residential use. Use
City-ownership as an incentive for affordable housing
development. To the extent feasible, the City will pursue projects that include housing for extremely low income
households and those with special needs such as seniors and persons with disabilities.

Publish list of publicly owned sites on the City’s website by June 2023. Prioritize releasing Surplus Lands Actrelated documents for three City-owned parcels (APNs 415-0250-111-02, 415-0250-112-00 and 415-0250-113-
00) by January 2026. Prioritize releasing Surplus Lands Act-related documents for the remaining City-owned
sites by January 2028. For Parcel Group 6 and 7, prioritize getting RFPs, ENAs and/or DDAs and entitlements
for these projects prior to 2027 consistent with the
City’s agreement with Caltrans or later as amended by
agreement with Caltrans.
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2023-2031 Housing Element Update
Action 8.6: Develop and maintain a partnership with
BART to support residential redevelopment around the
BART stations. Diligently pursue necessary actions to
remove barriers and support and promote housing and
community development on BART owned properties
including but not limited to identifying market readiness and affordable housing funds; demonstrating local
support through policy alignment and commitment of
staff resources to support development of BART owned
property.

Zoning on BART owned properties supports development
of housing at sufficient heights and subject to objective standards to support densities assumed in the Sites
Inventory. Identify and maintain a point of contact with BART and meet annually to determine how the City can
partner with and support BART. Make a good faith effort to enter into a Memorandum of Understanding by January
2025 to advance residential development on Downtown
Hayward BART property. Make a good faith effort to enter into a Memorandum of Understanding by January 2029 to
advance residential development on South Hayward BART
property.

Action 8.7: Support BART in acquiring sufficient
funding and commitment to infrastructure for parking
replacement and station access.

Assist BART in completing a study of infrastructure
phasing and financing recommendations for BART-owned
sites in Downtown Hayward by January 2025. Provide
assistance if BART embarks upon such a study for BART
owned properties in South Hayward.

Action 8.8: Promote the Downtown Hayward and South
Hayward BART areas as a major regional opportunity
for mixed use development. The Continue to market
development opportunities in this area, work with
property owners to facilitate development, and continue to improve the pedestrian environment, streetscape, and circulation system to attract investment.

Support the development of 374 lower-income units, 152
moderate-income units, and 228 above moderate-income
units on BART owned sites during the planning period.

Implements the Following Policies H-3.2, H-3.5, H-3.10
Action 8.9: If Actions for publicly owned sites do not
occur as assumed in this Program and/or do not appear
feasible during the Planning period, identify alternative sites from the City’s administrative list of additional sites with appropriate zoning (Action 9.2).

Evaluate actions on publicly owned land through the
APR process. Starting in January 2025, identify if publicly owned lands are on track to develop as assumed and
identify other properties to accommodate RHNA, if
needed.

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

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

Implement program by January 2025.

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

Create list by June 2023 and update annually as needed.

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

ACTIONS OBJECTIVE AND TIMEFRAME
Action 10.1: Amend the Zoning Code to establish the
replacement requirements pursuant to AB 1397.

Amend HMC by January 2025.

Implements the Following Policies H-3.9, H-6.3
Responsible Agency Development Services
Funding Sources General Fund
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2023-2031 Housing Element Update
PROGRAM H-11: By-Right Approval for Projects with 20 Percent Affordable Units Pursuant to AB 1397 (Adequate Sites) passed in 2017, the City will allow by-right approval process at appropriate densities (e.g., at least 30 units per acre) for housing development that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle RHNA if the site were:
A vacant site for RHNA identified in the
previous two Housing Element cycles
A nonvacant site for RHNA identified in the
previous one Housing Element cycle
A site rezoned for RHNA after the statutory
deadline of the current Housing Element
cycle
By-right approval means the jurisdiction shall not require:
A Site Plan Review, Administrative or
Conditional Use Permit
A Planned Development District or
Other discretionary, local-government
review or approval that would constitute
a “project” as defined in Section 21100
of the Public Resources Code (California
Environmental Quality Act “CEQA”)
The Sites Inventory includes four nonvacant opportunity sites that would be subject to by-right approval.

ACTIONS OBJECTIVE AND TIMEFRAME
Action 11.1: Pursuant to Government Code Section
65583.2. subdivision (i) amend HMC to permit by-right
approval for housing developments that include at
least 20 percent of units as affordable to lower-income households on non-vacant sites included in one previous housing element inventory and vacant sites included in
two previous housing element inventories and on sites
that are being rezoned to accommodate the lowerincome RHNA.

Amend HMC by January 2025.

Implements the Following Policy H-3.9
Responsible Agency Development Services
Funding Sources Departmental Budget
PROGRAM H-12: Adaptive Reuse
The City has numerous older commercial buildings that are no longer being occupied by the highest and best uses or compatible uses with its surrounding neighborhoods. The economic impacts of the COVID-19 pandemic have further accelerated the decline of these properties.

The City will pursue amendments to HMC to establish alternative building regulations for the conversion of existing buildings to other uses.
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Housing Element | City of Hayward

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

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

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

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

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

ACTIONS OBJECTIVE AND TIMEFRAME
Action 13.1: Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock. This may include allowing shelters, transitional housing and tiny homes with wraparound
services on site at churches, social services agencies/ nonprofits that do this work in the community and on
publicly owned land. The City will promote other types
of alternative housing options including single-room
occupancy developments or conversions, group homes,
and by-right permanent supportive housing.

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

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

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

Action 13.3: Assess and amend the HMC as needed
to allow Supportive Housing as a by-right use where
multifamily and mixed uses are permitted, including
nonresidential zones permitting multifamily uses pursuant to Government Code section 65651.

Amend HMC by January 2025.
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2023-2031 Housing Element Update
Action 13.4: Evaluate the permit process for group homes of seven or more persons and amend the HMC to include
a set of objective standards to provide certainty to
applicants through the permitting process. Evaluate the potential of allowing the use through Administrative Use Permit process or as a by-right use subject to objective standards.

Evaluate the permit process by January 2024 and amend
the HMC by January 2025.

Action 13.5: Amend the HMC parking regulations for
Homeless and Emergency Shelters and Navigation
Centers to comply with Government Code section
65583, subdivision (a)(4)(A).

Update will occur as part of the City’s Objective Standards Update which us planned for adoption in 2023.

Action 13.6: Amend the HMC to comply Government
Code section 65661 which requires a Low Barrier
Navigation center to be a use by-right in areas zoned
for mixed-use and nonresidential zones permitting
multifamily uses, provided specific requirements of the law are met.

Amend HMC by January 2025.

Action 13.7: Amend the HMC to allow tiny homes and
emergency shelters on church and publicly owned
properties.

Amend HMC by January 2025.

Implements the Following Policy H-3.1
Responsible Agency Development Services
Funding Sources Departmental Budget
Removing Constraints on Housing Development
Pursuant to State law, the City is obligated to address, and where legally possible, remove governmental constraints affecting the maintenance, improvement, and development of housing.

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

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

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

H-4.2: Offer Development Incentives: The City shall offer financial and/or regulatory incentives, such as density bonuses and fee reductions, deferrals, or waivers, where feasible, to reduce the costs and/or to remove impediments to developing affordable housing. 79 January 2023
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PROGRAM H-14: Development Incentives
Jurisdictions can provide a variety of incentives to encourage development of affordable housing and other projects that meet community needs. The City shall incentivize both market-rate and affordable housing production to address the State’s housing shortage and high housing costs.

Topics to incentivize housing production include:
Policies related to zoning and housing
approvals
Accessory dwelling units
Large sites
Lot consolidation
Impact fee deferrals, waivers and fee
transparency
Funding sources
Public land disposition
Streamlining the approval process

ACTIONS OBJECTIVE AND TIMEFRAME
Action 14.1: Create “Package of Incentives” that identifies the benefits of providing on-site affordable housing
Create by January 2025.

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

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

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

Ongoing on a case-by-case basis.

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

Ongoing on a case-by-case basis.

Action 14.5: Meet with qualified affordable housing
developers to promote the use of regulatory incentives
and development of inventory sites.

Regularly meet with developers at the City’s Permit Center Monday through Thursday from 9 am to 1 pm. Accept
electronic correspondence and respond within two to
three business days.

Implements the Following Policies H-2.2, H-4.2
Responsible Agency Development Services
Funding Sources General Fund
80 January 2023
2023-2031 Housing Element Update
PROGRAM H-15: Lot Consolidation
This program aims to expand opportunities for additional affordable housing developments. The City will encourage the consolidation of small parcels to facilitate larger-scale developments that are compatible with existing neighborhoods.

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

Publish to the City’s website by
June 2023.

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

Ongoing on a case-by-case basis.

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

The City will also coordinate with developers to ensure a timely application and development process.

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

Ongoing on a case-by-case
basis.

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

Ongoing on a case-by-case
basis.

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

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

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

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

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

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

ACTIONS OBJECTIVE AND TIMEFRAME
Action 17.1: Pursue mechanisms to facilitate the construction of ADUs, including but not limited to:
Pre-approved standards for ADU foundation plans or prefabricated plans. Refer property owners to programs that assist lower and moderate-income homeowners in constructing ADUs.
Consider expanding/extending fee waivers for ADUs beyond state law.

Facilitate the development of
320 ADUs over the planning
period. Initiate efforts in 2023.

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

Review ADU trends every two
years starting in 2023.

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

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

Implements the Following Policy H-3.1
Responsible Agency Development Services
Funding Sources Departmental budget
82 January 2023
2023-2031 Housing Element Update
PROGRAM H-18: Duplexes and Lot-Splits
In 2021, SB 9 was passed to allow for the ministerial approval of certain housing development projects containing up to two dwelling units (i.e., duplexes) on a single-family zoned parcel.

In addition to permitting two units on a single-family lot, SB 9 allows qualifying lot splits to be approved ministerially (i.e., without discretionary review or hearings) pursuant to a parcel map, upon meeting a number of criteria. SB 9 is designed to increase the housing stock in single-family residential zones, as it allows not only two dwelling units per parcel, but also certain lot splits with two housing units on each. The City will implement a monitoring program that evaluates the current capacity of housing sites for all income levels throughout the duration of the planning period.

ACTIONS OBJECTIVE AND TIMEFRAME
Action 18.1: The City will amend the HMC to address the requirements of SB 9. Amend the HMC by January 2025.

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

Implements the Following Policies H-3.1, H-3.5, H-3.6
Responsible Agency Community Development
Department/Planning
Funding Sources General Fund
Housing For Persons with Special Needs
The City of Hayward is a diverse community with people of all backgrounds, lifestyles, family types, and income levels. Many residents also have special housing needs. State law requires the housing element to address the needs of specific special needs groups, including seniors, persons with disabilities, large families with children, female-headed households, and individuals experiencing homelessness. Meeting the needs of these residents requires a broad range of strategies for housing and other services.

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

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

H-5.2: Housing and Supportive Services: The City shall promote housing and supportive services for households with special needs including seniors, persons with disabilities, single parents, and individuals experiencing homelessness. 83
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Housing Element | City of Hayward
H-5.3: Reasonable Accommodation: The City shall continue to implement a reasonable accommodation process for persons with disabilities to request exceptions or modifications of zoning, permit processing, and building regulations to ensure housing is accessible.

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

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

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

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

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

PROGRAM H-19: Housing for Special Needs Populations
The HMC is periodically updated to address a wide range of issues and California and federal law. The City will continue to monitor its policies, standards, and regulations to ensure that they comply with applicable law. The City will also facilitate development that serves the needs of special needs populations, including seniors, homeless, female-headed households, large families, and persons with disabilities, including developmental disabilities.

ACTIONS OBJECTIVE AND TIMEFRAME
Action 19.1: Provide technical assistance for development of opportunity sites near commercial and civic services and public transit for senior housing development.

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

Develop incentives January
2025.

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

Subject to availability of
Inclusionary Housing Trust
funds, issue NOFA at least once
during compliance period
and establish and affordable
housing development pipeline
of at least 3 affordable housing
projects.
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2023-2031 Housing Element Update
Action 19.4: Provide financial support to organizations such as Project Independence, Covenant House or other programs to provide a continuum of supportive and transitional services, including tenant-based rental assistance, to emancipated youth in Alameda County (youth from 18 to 24 who have aged out of the foster care system).

Annually provide ten transition
age youth with a housing
subsidy.

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

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

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

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

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

As needed during annual NOFA
process.

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

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

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

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

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

Implement by January 2025.

Action 19.11: Explore funding and feasibility options for safe parking and safe camping programs to provide additional safe, secure, and sanitary options for individuals and families experiencing homelessness.

Begin exploring funding and
feasibility by January 2024.

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

Ongoing, based on State
Homekey NOFA schedule.

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

Develop guidelines or
standards by January 2025.

Action 19.14: Review the Reasonable Accommodations Ordinance and revise findings to be based on objective standards rather than impacts on surrounding uses.

Amend HMC by January 2025.

Implements the Following Policies H-5.1, H-5.2, H-5.2, H-5.3, H-5.4, H-5.6, H-5.8
Responsible Agency Development Services; City
Manager
Funding Sources CDBG; HOME; American
Rescue Plan Act (ARPA);
State grants
85 January 2023
Housing Element | City of Hayward
PROGRAM H-20: Community Outreach and Education
Community outreach is a key component to developing a comprehensive and inclusive housing market in the city. It is critical to engage local community groups and stakeholders from all sectors of the community in order to educate and provide inclusive housing opportunities and to understand housing needs. The goal of this program is to provide community groups that are affected by restrictions to fair and equitable housing greater opportunities for becoming informed and engaged in the City’s housing and overall planning process.

ACTIONS OBJECTIVE AND TIMEFRAME
Action 20.1: Work with local organizations such as East Bay Regional Center and La Familia to inform residents of the housing and available services.

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

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

Ongoing on a case-by-case basis.

Action 20.3: Develop a list of neighborhood groups and
other community organizations such as Eden Community
Land Trust, Hayward Area Planners Association, and
the Hayward Community Coalition, that advocate for
protected housing groups including seniors, individuals with disabilities, large households, and other groups, and disseminate information about housing opportunities and participate in community meetings as requested.

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

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

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

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

Monthly.

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

Implement policy by January 2024.

Implements the Following Policies H-5.2, H-6.1, H-6.4
Responsible Agency Development Services, City Manager, Community and Media Relations
Funding Sources General Fund, Rent Review Administration Fee 86 January 2023
2023-2031 Housing Element Update
Equal Housing Opportunities for All Persons
The City recognizes the importance of extending equal housing opportunities for all persons, regardless of regardless of race, religion, sex, family status, marital status, ancestry, national origin, color, age, physical or mental disability, sexual orientation, source of income, or any other arbitrary factor.

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

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

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

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

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

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

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

H-6.7 Fair Chance Housing: The City shall explore opportunities to assist individuals with poor credit history, poor landlord referral/references, formerly incarcerated or otherwise require mitigating circumstances in their evaluation prior to denial.

PROGRAM H-21: Foreclosure Prevention and Counseling
The Foreclosure Prevention and Counseling program is intended to assist at-risk homeowners with foreclosure-prevention resources including counseling, refinance loans, and legal services. The City provides assistance to at-risk homeowners through partnerships with HUD-approved nonprofit counseling organizations. 87 January 2023
88 Housing Element | City of Hayward

ACTIONS OBJECTIVE AND TIMEFRAME
Action 21.1: Continue existing partnerships with nonprofit organizations such as Housing and Economic Rights Advocates to provide mortgage delinquency, default
resolution negotiation, and legal advocacy services.

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

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

As needed during annual NOFA process.

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

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

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

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

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

January 2023
2023-2031 Housing Element Update

ACTIONS OBJECTIVE AND TIMEFRAME
Action 22.1: Coordinate with organizations such as
ECHO and the East Bay Community Law Center (EBCLC)
to provide fair housing and tenant/landlord services,
including fair housing counseling and education and
tenant/landlord counseling and mediation.

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

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

Provide two training sessions annually.

Action 22.3: Conduct an annual workshop presented by
local organizations such as ECHO and Centro Legal de
la Raza and/or other advocacy organizations to conduct
an annual fair housing and rental housing law workshops targeted to lower-income households, senior households, and individuals with disabilities.

Hold one workshop annually in multiple languages.

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

Annually assist 20 residents.

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

Annual testing.

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

ACTIONS OBJECTIVE AND TIMEFRAME
Action 23.1: Continue partnership with consultant to
implement the RRSO and MRSO, including the rent
dispute resolution process.

Ongoing.

Action 23.2: Continue to monitor implementation and
impact of the RRSO.

Annually provide update to Homelessness-Housing Task
Force.

Action 23.3: Seek out and participate in opportunities to improve eviction and displacement prevention resources
Ongoing.

Action 23.4: Continue to provide tenants and landlords
with information about local requirements and referrals to outside resources to assist with other tenant landlord disputes.

Ongoing.

Implements the Following Policies H-6.6, H-6.3
Responsible Agency City Manager
Funding Sources Rent Review Administration Fee
PROGRAM H-24: Tenant Relocation Assistance
Through the Tenant Relocation Assistance Ordinance (TRAO), the City implements temporary and permanent relocation assistance policies. The TRAO requires landlords to pay permanent assistance when performing a no-fault eviction and to pay temporary assistance when making substantial repairs or when there is a government-issued order to vacate for health and safety reasons. The City also implements an Emergency Relocation Assistance Program for low-income tenants displaced due to natural disaster or when landlord refuses to pay required relocation assistance. Collectively, these programs are intended to provide tenants with financial resources to find alternative temporary or permanent housing when displaced from their units by no fault of their own.

ACTIONS OBJECTIVE AND TIMEFRAME
Action 24.1: Continue cross collaboration among Housing Division Code Enforcement Division, Building Services, Fire Department to streamline communication and process for identifying eligible relocation assistance cases.

Ongoing on a case-by-case basis.

Action 24.2: Provide training to tenants and landlords to educate them about their rights and responsibilities related to relocation assistance.

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

Action 24.3: Enforce relocation payment requirement through assessment of liens in cases where landlords fail to pay required assistance.

Ongoing.

Action 24.4: Continue to implement and monitor the Emergency Relocation Assistance Program and work to identify additional funding sources to provide ongoing program support.

Ongoing.

Action 24.5: Provide displaced tenants referrals to housing resources. Ongoing.

Implements the Following Policies H-1.1, H-5.1, H 6.3
Responsible Agency City Manager
Funding Sources Rent Review Administration Fee; ARPA
January 2023
2023-2031 Housing Element Update
Action 24.1: Continue cross collaboration among the Housing Division Code Enforcement Division, Building Services, and Fire Department to streamline communication and process for identifying eligible relocation assistance cases.

Ongoing on a case-by-case basis.

Action 24.2: Provide training to tenants and landlords to educate them about their rights and responsibilities related to relocation assistance.

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

Action 24.3: Enforce relocation payment requirement through assessment of liens in cases where landlords fail to pay required assistance.

Ongoing.

Action 24.4: Continue to implement and monitor the Emergency Relocation Assistance Program and work to identify additional funding sources to provide ongoing program support.

Ongoing.

Action 24.5: Provide displaced tenants referrals to housing resources. Ongoing.

Implements the Following Policies H-1.1, H-5.1, H 6.3
Responsible Agency City Manager
Funding Sources Rent Review Administration Fee; ARPA
PROGRAM H-25: Consolidated Plan Update
Hayward’s Consolidated Plan describes and prioritizes the City’s housing and community development needs, as well as activities to address those needs as defined and funded by HUD.

The current Plan will be updated in 2024 to strategically align with and help implement the 2023- 2031 Housing Element and strengthen place-based strategies to expand housing mobility and housing supply in high-opportunity areas. The update will also seek to improve areas through targeted investment in areas with identified fair housing impediments.

ACTIONS OBJECTIVE AND TIMEFRAME
Action 25.1: Update funding policies to prioritize the improvement of public facilities and infrastructure projects that improve the quality of life and accessibility for all residents.

Annually as part of the NOFA process.

Action 25.2: Identify mechanisms to increase production and access to housing in high resource areas, such as through acquisition, rehabilitation and conversion of existing housing units to be affordable, the construction of ADUs, or through financial incentives in exchange for deed restriction of housing units for low-income use.

Adopt consolidated plan update by
August 2025.

Implements the Following Policies H-2.6, H-6.3
Responsible Agency City Manager’s Office
Funding Sources CDBG
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7.2 SUMMARY OF QUANTIFIED OBJECTIVES
The City’s quantified objectives for the 2023-2031 planning period are:
Sites to facilitate new housing units,
including the City’s RHNA of 547 units for
extremely low-income, 528 units for very
low-income households, 617 units for lowincome households, 817 units for moderateincome households, and 2,115 above moderate-income households
As of 2021, the City issued 2,824 building
permits for residential units which exceeded
the City’s RHNA allocation by approximately
43 percent. The City’s aspirational objectives
for 2023-2031 Housing Element Cycle is
to exceed the Above Moderate-Income
allocation by a minimum of 45% to 3,067
units.
Rehabilitation of 80 affordable units
The City has accepted three SB9 applications
and has approved one application in 2022.

The City anticipates approving a minimum
of five SB9 applications for urban lot splits
and duplexes per year for a total of 40 split
between moderate and above moderateincome units in the coming Housing Element cycle.
Construction of 320 ADUs
Conservation of 1,844 Section 8 Housing
Choice Vouchers
Preservation of 295 units at risk of
converting to market-rate units
Table 6-1 summarizes these objectives for the 2023-2031 planning period by income group.

ACTIONS

EXTREMELY
LOW
INCOME

VERY LOW
INCOME
LOW
INCOME

MODERATE
INCOME
ABOVE

MODERATE
INCOME
TOTAL
RHNA 547 528 617 817 2,115 4,624
New Development 952 952
Units To be Rehabilitated 20 60 – – 80
ADUs 96 96 96 32 320
SB9 20 20 40
Section 8 Housing Choice
Vouchers to be Conserved 1,844 – – – 1,844
At-Risk Housing Units to be
Preserved
295 – – – 295
Note: Government Code Section 65583 mandates that localities calculate the subset of the very-low income regional need that constitutes the communities need for extremely low-income housing. As an alternative to calculating the subset, local jurisdictions may assume that 50 percent of the very low-income category is represented by households of extremely low income (less than 30 percent of the median family income). 92 2023-2031 Housing Element Update
January 2023
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94 Housing Element | City of Hayward
Appendix A – Public Participation Report
January 2023
Oakland, California 94612
449 15th Street
Rincon Consultants, Inc.
prepared with the assistance of
Hayward, California 94541
777 B Street
Planning Division, Department of Development Services
City of Hayward
prepared by
(2023-2031)
Hayward Housing Element

ATTACHMENT V
Appendix A: Public Participation Report
A-1
Appendix A: Public Participation Report
Summary of Public Participation
The Housing Element must reflect the values and preferences of the community. Accordingly, community participation is an important component of the development of this Element.

Government Code Section 65583(c)(8) states that the local government must make “a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element.” This process not only includes community members, but also participation from local agencies and housing groups, community organizations, and housing sponsors.

This appendix includes the following supporting documents:
▪ First Marketing Flyer
▪ Website Housing Element Story Map
▪ Website Affirmatively Furthering Fair Housing Story Map ▪ Thumbnail from Housing Educational videos
▪ Gallery Event posters in English and Spanish
▪ Chabot Interviews Hayward Housing Report
▪ Housing Survey Results
▪ Community Resources for Independent Living (CRIL) Housing Survey Results ▪ Community Resources for Independent Living (CRIL) Housing Meeting Discussion ▪ Balancing Act Summary
▪ Public Workshop Summary
▪ Public Comments on Draft Housing Element
▪ Response to Public Comments
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
A-2
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First Marketing Flyer

Website Housing Element Story Map
6/6/22, 1:36 PM Housing Element - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/housing-element/ 1/7 Housing
Element
What’s in a Housing
Element?
The City of Hayward is updating the Housing Element of the General Plan. The Housing Element includes:

Housing Needs Assessment – Existing and projected housing need for all income segments.

Housing Constraints Analysis – Including market,
governmental, infrastructure, and environmental constraints.

Housing Resources – Residential sites inventory for future housing needs.

Review of Past Accomplishments – Describe
accomplishments from prior Housing Element programs.

Housing Plan – Housing programs, goals, and policies for the planned period.

U a
6/6/22, 1:36 PM Housing Element - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/housing-element/ 2/7 Since 1969, the State of California has required that all Cities and Counties adequately plan to meet the housing needs of everyone in the community. State law requires each jurisdiction to accommodate its fair share of affordable housing, as an approach to distribute housing needs throughout the state.

What type of housing does
Hayward have?
Hayward offers a variety of housing types including single family homes, duplex triplex, apartments, and condominiums. The most common type of housing in Hayward is single family. Most of the housing stock was built in 1960 – 1979. A little over half of residences in Hayward are occupied by owners. Monthly rent is typically $1000-$2500 per month.

HUD defines cost-burdened households as those whose monthly housing costs exceed 30% of monthly income, while severely cost-burdened households are those whose monthly housing costs exceed 50% of monthly income. Around 50% of the rental community spends more than 30% of their gross monthly income on housing.

How does the City of
Hayward support housing
needs?
The City of Hayward has played a key role in meeting housing needs for the local community. The City has multiple housing programs in place to make sure existing homes provide decent, affordable housing, suitable living environment, and can expand economic opportunity. To make adequate provision for the housing needs of all economic segments of the community, the existing Housing Element establishes goals, policies, and programs to:

Conserve and improve the condition of the existing affordable housing stock;
6/6/22, 1:36 PM Housing Element - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/housing-element/ 3/7 What is the demand for
housing?
Additional steps government agencies take to make sure that there is adequate housing construction to meet demand include the Regional Housing Needs Assessment (RHNA) process. The State of California identifies the number of housing units necessary to meet future demand.

The State distributes this allocation to regional governments, including the Association of Bay Area Governments (ABAG) of which Hayward is a member agency. ABAG then allocates housing units to all member agencies. This process is mandated as part of Housing Element Law.

ABAG’s RHNA website provides background on methodology and RHNA allocations for the nine-county Bay Area
What is the housing need in
Hayward?
Assist in the development of housing affordable to low and moderate income households;
Identify adequate sites to encourage the development of a variety of types of housing for all income levels;
Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing;
Promote equal housing opportunities for all persons; and Provide for the special housing needs of seniors, persons with disabilities, large families with children, single female-headed households, and persons who are homeless.
6/6/22, 1:36 PM Housing Element - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/housing-element/ 4/7 The State assigned 441,176 units to the Association of Bay Area Governments (ABAG) region. In turn, ABAG assigned 4,624 units to Hayward in the draft allocation. Jurisdictions are allowed to appeal their draft allocations and have hearings prior to final allocations, which are expected this Fall. Hayward has not appealed the draft allocation. The City must plan to accommodate those units during the next eight years.

As part of this planning process, the City must document to the California Department of Housing and Community Development (HCD) that these units can be accommodated across the city, and that policies and regulations support future residential development.

What is the regional housing
needs assessment for?
(RHNA)
Communities use the RHNA in land use planning, prioritizing local resource allocation, and in deciding how to address identified existing and future housing needs resulting from population, employment and household growth. The RHNA does not result in housing construction, but rather requires communities to anticipate growth, so that collectively the region and subregion can grow in ways that enhance quality of life, improve access to jobs, promotes transportation mobility, and addresses social equity and fair share housing needs.

How is Hayward doing with
their 2015-2023 RHNA?
6/6/22, 1:36 PM Housing Element - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/housing-element/ 5/7 The Table below demonstrates progress made toward meeting Hayward’s RHNA goals for the 5 cycle Housing Element period between 2015-2023 as of the last report year (2020), which is shown in the column titled “Reported 2020.” The State allows local jurisdictions to “report” the units when building permits are issued to construct the units.

The “Approved” and “Pending Approval” columns provide an estimate of potential compliance by counting both entitled projects and projects going through the entitlement process.
2023 RHNA Goal Progress in the City of Hayward
th
What does Housing Element
Law require?
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their “general plan” (also required by the state). General plans serve as the local government’s “blueprint” for how the city and/or county will grow and develop and include seven elements: land use, transportation, conservation, noise, open space, safety, and housing.

HCD requires Housing Elements to include the following sections:

Review of Accomplishments
Housing Needs Assessment
Evaluation of Housing Constraints
6/6/22, 1:36 PM Housing Element - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/housing-element/ 6/7 Identification of Housing Sites
2021-2029 Program Strategy
During the Housing Element update, Hayward must also prove it can provide 4,624 units in compliance with a wide range of State rules.

How has State Legislation
changed recently?
The 2019 California Legislative Session ended with over 30 new bills in response to the state’s worsening housing crisis. Several of these bills are designed to increase housing production by easing development regulations, compelling jurisdictions to make fee and land information readily available to potential developers and impose new ongoing reporting and inventory requirements for local jurisdictions. Housing legislation aims to achieve a number of overarching goals:

Accommodate projected housing demand, as mandated
by the State,
Increase housing production to meet this demand,
Improve housing affordability,
Preserve existing affordable housing,
Improve the safety, quality, and condition of existing
housing,
Facilitate the development of housing for all income
levels and household types, including special needs
populations,
Improve the livability and economic prosperity of all City residents, and
Promote fair housing choices for all[1].
[1] Fair housing is the right to choose housing free from unlawful discrimination. Federal, state and local fair housing laws protect people 6/6/22, 1:36 PM Housing Element - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/housing-element/ 7/7 from discrimination in housing transactions such as rentals, sales, lending, and insurance.

Please participate!
We invite you to participate in upcoming community events to provide input on your specific experiences and your thoughts about how best to meet your and the larger communities’ housing needs in Hayward.

Please visit our Get Involved page.

Website Affirmatively Furthering Fair Housing Story Map 6/6/22, 1:37 PM Affirmatively Furthering Fair Housing - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/affirmatively-furthering-fair-housing/ 1/7 Affirmatively
Furthering Fair
Housing
What’s the purpose of
Affirmatively Furthering Fair
Housing (AFFH)?
AFFH seeks to combat housing discrimination, eliminate racial bias, undo historic patterns of segregation, and lift barriers that restrict access in order to foster inclusive communities and achieve racial equity, fair housing choice, and opportunity for all Californians. Government policies, exclusionary tactics, and discriminatory treatment have long been key components of the housing system which encouraged unequal housing opportunities based on race.

To address these circumstances, Congress established the Fair Housing Act in 1968 to prohibit discrimination in the sale, rental, and financing of housing based on race, religion, and national origin. Over time the law expanded its protections to include discrimination based on sex, U a
6/6/22, 1:37 PM Affirmatively Furthering Fair Housing - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/affirmatively-furthering-fair-housing/ 2/7 disability, and familial status. The law also introduced the need to go beyond just prohibiting discrimination to instead creating real housing choice by affirmatively furthering fair housing.

Which legislation established
Affirmatively Furthering Fair
Housing requirements?
In 2018, the California State Legislature passed AB 686 to expand upon the fair housing requirements and protections outlined in the Fair Employment and Housing Act (FEHA). The law requires all state and local public agencies to facilitate deliberate action to explicitly address, combat, and relieve disparities resulting from past patterns of segregation to foster more inclusive communities. The law also creates new requirements that apply to all housing elements due for revision on or after January 1, 2021.

The passage of AB 686 protects the requirement to affirmatively further fair housing within California state law, regardless of future federal actions. It also preserves the strong policy in the U.S. Department of Housing and Community Development’s (HUD) Affirmatively Furthering Fair Housing Rule as published in the Federal Register in 2015.

As of January 1, 2019, AB 686 proactively applies the obligation to affirmatively further fair housing to all public agencies in California. Public agencies must now examine existing and future policies, plans, programs, rules, practices, and related activities and make proactive changes to promote more inclusive communities.

Where can I learn more about
Hayward’s fair housing
conditions?
6/6/22, 1:37 PM Affirmatively Furthering Fair Housing - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/affirmatively-furthering-fair-housing/ 3/7 What strategies are
recommended to promote
fair housing?
Mobility Strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access. New Housing Choices in Areas of Opportunity means promoting housing supply, choices and California Department of Housing and Community Development (HCD) created an interactive statewide AFFH Data Viewer to assist in the assessment of fair housing. HCD solicited feedback from advocates, councils of government, partner public agencies, and academic research groups to ensure the first iteration of the tool consolidates relevant data and provides options for addressing each component within the Assessment of Fair Housing (within the Housing Element). It consists of mapped data layers in six categories:

Fair Housing Enforcement and Outreach Capacity
Segregation and Integration
Disparities in Access to Opportunity
Disproportionate Housing Needs/Displacement Risk
Racially Concentrated Areas of Poverty and Affluence
Supplemental Data
The interactive maps can be explored in any internet browser and exported as a PDF, jpeg, and other image files. In addition, the underlying data layers can be downloaded for offline data analysis. HCD plans to continuously update these map layers and add additional data, as well as incorporate user feedback. Comments can be submitted to [email protected].
6/6/22, 1:37 PM Affirmatively Furthering Fair Housing - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/affirmatively-furthering-fair-housing/ 4/7 affordability in areas of high opportunity and outside of areas of concentrated poverty. Examples include:

Voucher mobility;
Housing mobility counseling;
City-wide affordable rental registries;
Landlord outreach to expand the location of participating voucher properties;
Assistance with security deposits and moving expenses;
Extend search times for particular groups such as larger families with children or persons with disabilities;
Regional cooperation and administration of vouchers (such as through portability and shared waiting lists);
Affirmative marketing can be targeted at promoting equal access to government-assisted housing or to promote housing outside the immediate neighborhood to increase awareness and the diversity of individuals in the neighborhood;
Collaborate with high performing school districts to promote a diversity of students and staff to serve lower income students; Developing multifamily housing opportunities;
Encouraging the development of four or more units in a building; and
Accessibility programs focus on improving access to housing, public buildings and facilities, sidewalks, pedestrian crossings, and businesses
Zoning, permit streamlining, fees, incentives and other approaches to increase housing choices and affordability (e.g., duplex, triplex, multifamily, accessory dwelling units, transitional and supportive housing) in high opportunity areas;
Target housing creation or mixed income strategies (e.g., funding, incentives, policies and programs, density bonuses, land banks, housing trust funds);
Inclusionary requirements;
Scattered site affordable development;
Targeted investment and programs, including sweat equity, down payment assistance, new rental construction;
Accessibility modification programs;
6/6/22, 1:37 PM Affirmatively Furthering Fair Housing - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/affirmatively-furthering-fair-housing/ 5/7 Leveraging in-home or community based supportive services; and
Develop a campaign to combat local opposition
Which strategies encourage
community conservation and
revitalization?
Place-based Strategies to Encourage Community Conservation and Revitalization involves approaches that are focused on conserving and improving assets in areas of lower opportunity and concentrated poverty such as targeted investment in neighborhood revitalization, preserving or rehabbing existing affordable housing, improving infrastructure, schools, employment, parks, transportation and other community amenities.

Examples include:

Target investment in areas of most need focused on improving community assets such as schools, recreational facilities and programs, social service programs, parks, streets, active transportation and infrastructure;
Develop a proactive code enforcement program that targets areas of concentrated rehabilitation needs, results in repairs and mitigates potential cost, displacement and relocation impacts on resident;
Dedicate or seek funding to prioritize basic infrastructure improvements (e.g., water, sewer) in disadvantaged
communities;
Address negative environmental, neighborhood, housing and health impacts associated with siting and operation of land uses such as industrial, agricultural, waste storage, energy production, etc. in disadvantaged communities;
Target acquisition and rehabilitation to vacant and blighted properties in neighborhoods of concentrated poverty;
6/6/22, 1:37 PM Affirmatively Furthering Fair Housing - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/affirmatively-furthering-fair-housing/ 6/7 Inter-governmental coordination on areas of high need;
Prioritized capital improvement programs;
Develop new financing;
Recruit residents from areas of concentrated poverty to serve on boards, committees, task forces and other local government decision-making bodies;
Catalyze leadership and future community wide decision-makers including affirmative recruitment in hiring practices;
Leverage private investment for community revitalization, including philanthropic; and
Expand access to community meetings, including addressing language barriers, meeting times
Which programs present
displacement?
Protecting Existing Residents from Displacement comprises strategies that protects residents in areas of lower or moderate opportunity and concentrated poverty and preserves housing choices and affordability.

Examples include:

First right of return to existing residents policies that include moving expenses;
Multi-lingual tenant legal counseling;
Affirmative marketing strategies or plans targeting nearby neighborhoods, a Disadvantaged Community or a Low-Income Community;
Replacement housing requirements in targeted growth areas such as transit stations, transit corridors, job and housing rich areas, downtowns and revitalization areas or policies on sites identified to accommodate the housing needs of lower income households;
Rent stabilization programs beyond what is required by California Civil Code 1946.2;
Just cause eviction or other efforts improving tenant stability beyond what is required by California Civil Code 1946.2; 6/6/22, 1:37 PM Affirmatively Furthering Fair Housing - Hayward Housing and Climate Update https://haywardhousingandclimateupdate.com/affirmatively-furthering-fair-housing/ 7/7 Policies to preserve Single Room Occupancy (SRO) housing or mobile home parks;
Condominium conversion restrictions;
Land banking programs actively receiving funding;
Community benefit zoning and/or other land value recapture strategy;
Rent review board and/or mediation, foreclosure assistance, or multilingual tenant legal counseling services;
Density bonus ordinances that expand on state replacement requirements;
Implementation of an overlay zone to protect and assist small businesses;
Establishment of a small business advocate office and single point of contact for every small business owner;
Creation and maintenance of a small business alliance;
Increased visibility of the jurisdiction’s small business assistance programs;
Formal program to ensure that some fraction of a jurisdiction’s purchases of goods and services come from local businesses; Prioritization of Minority and Women Business Enterprises (MWBE) for public contracting.

Hayward City CouncilFebruary 7, 2023

Hayward City Council
February 7, 2023