CITY COUNCIL
MEETING
MARCH 7, 2023
PRESENTATIONS
ALCOHOLIC BEVERAGE
REGULATIONS UPDATE
ITEM #6
PH 23-013
Hayward Police Department Year-End Report
1 Proposed Amendments to
Alcoholic Beverage Outlets Ordinance
City Council Meeting
March 7,
2023
Steve Kowalski, Associate Planner
Hayward Police Department Year-End Report
2 Project Background
• “Grow the Economy” adopted as one of six strategic priorities in FY 2021-23 Strategic Roadmap
• “Invest in programs that support Hayward business and workers” included as one of five projects identified under “Grow the Economy” Priority “Revise the alcohol use regulations to support existing and encourage more full-service restaurants” included as one of the programs • Multi-disciplinary team w/ staff from Planning Division, Police Department and Economic Development Division begins work on project in early 2022 • Public outreach efforts kick off in April
• CEDC meeting in September to obtain feedback on proposed amendments Hayward Police Department Year-End Report
3 Outreach Efforts
Interviews with Chamber of Commerce president
and Downtown Hayward Improvement Association
manager
Flyer distributed to all 1,200 Chamber members
Interviews with owners of several popular local
eating/drinking establishments
Interviews with owners of two successful East Bay
microbreweries
Email sent to 110 local restaurant owners having
business licenses with the City
Article published in July issue of The Stack
Stack Extra article also published in July
Hayward Police Department Year-End Report
4 Amendments Proposed to CEDC
Relax required 60:40 ratio of food to alcohol sales to 50:50 Amend “full-service restaurant” definition to allow partnerships w/ separate alcohol and food service providers in same premises to qualify, but only establishments licensed as “bona fide eating place”
Allow alcohol serving establishments that have freestanding kitchens operated by separate food service providers to qualify as full-service restaurants, but only those licensed as “bona fide eating place” Change times when restaurants can offer happy hour discount pricing from 4:00-9:00 to 2:00-7:00
Hayward Police Department Year-End Report
5 CEDC Feedback
Expressed support for all proposed amendments
Directed staff to explore ways to require all alcohol-serving establishments to offer information to patrons on ways to get home safely in the event of overconsumption
Asked staff to compare regulations of neighboring municipalities to City’s to determine if they are more or less permissive
Asked staff to examine recent history of alcohol-related crimes to see if significant amount resulted from overconsumption at City restaurants Hayward Police Department Year-End Report
6 Alcohol-Related Crimes Resulting from Overconsumption at Hayward Restaurants
No clear indication that alcohol-serving restaurants contribute disproportionately to # of alcohol-related crimes being committed Information as to where perpetrator was drinking not always readily available on Police Reports
Downtown typically sees highest level of alcohol-related crimes, but also includes highest concentration of bars & nightclubs in addition to restaurants
Hayward Police Department Year-End Report
7 Regulations of Neighboring Municipalities
None require minimum ratio of food-to-alcohol sales
None specify times when happy hour discount pricing is allowed None specifically allow partnerships wherein separate entities own food-service and alcohol-service components
Hayward Police Department Year-End Report
8 List of Amendments Recommended by Planning Commission Relax required 60:40 ratio of food to alcohol sales to 50:50 Amend “full-service restaurant” definition to allow partnerships w/ separate alcohol and food service providers in same premises to qualify, but only establishments licensed as “bona fide eating place”
Allow alcohol serving establishments that have freestanding kitchens operated by separate food service providers to qualify as full-service restaurants, but only those licensed as “bona fide eating place” Add new performance standard requiring all alcohol-serving establishments to offer information to patrons on safe alternatives for getting home Change allowable happy hour time from 4:00-9:00 to 3:00-8:00 STAFF RECOMMENDATION:
That the City Council adopt a resolution supporting the proposed Zoning Text Amendments to Section 10-1.2750 of the Hayward Municipal Code and finding the Amendments to be exempt from the California Environmental Quality Act (CEQA), and introduces an ordinance codifying the Amendments.
Process for this evening’s meeting:
1. Council Questions
2. Hold Public Hearing
3. Council Discussion and Motion
FY 2023 MID-YEAR
BUDGET
ITEM #7
LB 23-011
1 FY 2023 Mid-Year Budget
Review and Five-Year General
Fund Financial Model Update
Nicole Gonzales, Director of Finance
2 Summary of Proposed General Fund
Mid-Year Changes (Expenditures)
Previous Council Approved Appropriation FY 2023 Impact ($) Employee Contract Terms – Unrepresented Staff, HPOA, Local 1909 $3,957,875 STEP Grant Appropriations $210,000
Behavioral Health Justice Intervention Services Project Grant Appropriations $74,501 Appropriate funds for the Golden Oaks II Tract 8058 Access and Utilities Project $290,672 CAL OES Grant $2,970
Hayward Literacy Council Reimbursement $15,750
Previous Council Approved Appropriations Subtotal $4,551,768 Proposed Mid-Year Requests (new)
One-Time Expenditures $1,002,000
Transfer Out to Other Funds $1,488,509
Proposed Mid-Year Requests (new) Subtotal $2,490,509
TOT AL GENERAL FUND EXPENSES $7,042,277
3 Proposed
FY 2023
Mid-Year
Changes –
General Fund
(in thousands)
FY 2023
Adopted
Change FY 2023
Mid-Year
Revised
Property Tax $1,600
Utility User Tax (UUT) $1,000
Previous Council Approved Appropriation (Transfer-In) $5,902 Total Revenue $199,141 $8,502 $207,643
Expenditures
Employee Contract Terms –
Unrepresented Staff, HPOA, Local 1909
$3,958
Net Staffing Expenses $153,805 $3,958 $157,763
Supplies & Services (Mayor & City Council) $10
Contract Services (City Manager's Office) $57
Election Costs (City Clerk) $400
Contract Services (Development Services) $500
Supplies & Services (Library Services) $35
Transfer-Out to Other Funds $1,489
Previous Council Approved Appropriation - Non-Personnel Expenses
$593
Net Operating Expenses $40,883 $3,084 $43,967
Total Expenditures $194,688 $7,042 $201,730
Total Surplus/(Shortfall) $4,453 $1,460 $5,914
Reserve Ending Balance $43,843 $47,278
Balance as % of Total Expenses 22.5% 23.4%
4 General Fund 5-Year Forecast Updated
GENERAL FUND FORECAST -
Proposed FY 2023 Mid-Year Changes
$ in thousands
Revised
FY 2023
Year 1
FY 2024
Year 2
FY 2025
Year 3
FY 2026
Year 4
FY 2027
Year 5
Revenues $207,643 $199,804 $207,505 $214,482 $219,680
Expenditures 201,730 211,394 217,931 223,853 229,866
Net Change in Reserve - Surplus / (Shortfall) 5,914 (11,590) (10,425) (9,371) (10,186) Beginning Balance $41,364 $47,277 $35,687 $25,262 $15,892 Net Change in Reserve - Surplus / (Shortfall) 5,914 (11,590) (10,425) (9,371) (10,186) Ending Balance $47,278 $35,687 $25,262 $15,892 $5,706
Target to maintain 20% GF Reserves in Operating Expenses $40,346 $42,279 $43,586 $44,771 $45,973 General Fund Reserve Level as % of Total Expenses 23.4% 16.9% 11.6% 7.1% 2.5% Amount Above or (Below) Target 20% $6,931 ($6,592) ($18,324) ($28,879) ($40,268) Percentage Above or (Below) Target 20% 17.2% (15.6%) (42.0%) (64.5%) (87.6%) 5 Summary of
Proposed
Mid-Year
Changes for
Other and CIP
Funds
(Expenditures)
OTHER FUNDS
CIP FUNDS
in thousands
FY 2023
Impact ($)
Previous Council Approved Appropriations - Other Funds $ 10,370 Previous Council Approved Appropriations - Measure C $ 56 Total Previous Council Approved Appropriations $ 10,370 Proposed Mid -Year Requests Other Funds (new) $ 2,724 Proposed Mid-Year Request Measure C (new) $ 58 Total Proposed Mid-Year Requests (new) $ 2,782
TOT AL OTHER FUNDS EXPENSES $ 13,152
in thousands
FY 2023
Impact ($)
Previous Council Approved Appropriations $ 8,117 Proposed Mid -Year Requests (new) $ 609
TOT AL OTHER FUNDS EXPENSES $ 8,726
6 ARPA Expenditure Plan Overview
Expenditure Category Total Budget FY 2022
Actuals
FY 2023 Revised
Appropriation*
FY 2024
Appropriation
Support public health expenditures,
including capitalizing investments in
public facilities to meet pandemic
operational needs
$6,940 $799 $5,422 $719
Address negative economic impacts
caused by the public health emergency
$15,700 $3,915 $9,685 $2,100
Replace lost public sector revenue $14,500 $7,250 $7,250 $0 Invest in water, sewer, and broadband
infrastructure
$1,238 $80 $958 $200
TOT AL ARPA EXPENDITURES $38,378 $12,044 $23,315 $3,019 *Includes unspent FY 2022 appropriated expenditures (carried forward into FY 2023) ($ THOUSANDS)
7 Recommendation
That the City Council…
1. Review the FY 2023 Mid-Year budget
2. Adopts a resolution providing amendments to the
previously adopted City of Hayward FY 2023 Operating
Budget
3. Adopts a resolution providing amendments to the
previously adopted City of Hayward FY 2023 Capital
Improvement Program Budget
8 Questions