Council Packet — Hayward City Council, June 6, 2023 (part 3 of 3)

Attachment V
Backup Information
For the June 6, 2023 Staff Report on the Strategic Roadmap Adoption At the May 23, 2023 work session, Council requested more information about the following two Strategic Roadmap projects:

Q12 - Engage owners of vacant building properties to encourage activation, starting in the downtown, and enforce against owners of empty storefronts The Economic Development and Code Enforcement Divisions partner closely on the City’s vacant property owner engagement strategy. Economic Development staff members continuously attempt to engage property owners or their brokerage representatives for key properties to build relationships. Economic Development offers marketing support to help property owners generate lease leads and provides Business Concierge Program support to aid new tenants with permitting needs.

However, there are instances where these owners do not respond to staff and their sites become sources of calls for service and/or blight. In these instances, Economic Development works with Code Enforcement to use all the City’s tools to encourage the owner to engage and bring their property into conformance with applicable codes and regulations. Additionally, Code Enforcement provides educational materials through direct mailing and multi-media outlets to educate the public on property maintenance and upkeep. While these efforts are an important component of compliance, staff has found a positive approach of engaging the property owner helps facilitate change at a pace and level not typically observed under a standard enforcement process.

In FY 2024, staff anticipates increasing our engagement efforts with vacant property owners, including requesting regular updates from the owners and/or their commercial brokers on leasing inquiry interests and prospective tenant feedback. Economic Development staff will provide these stakeholders with available data to support site selection decision-making including data on traffic counts, leasing rates, new developments in the pipeline, locations of potential competitors or consumers pools, and information about city fees and permitting processing timelines.

The City’s existing Vacant Property Ordinance was adopted in October 20191. The original intent of the ordinance was to focus on neglected vacant properties rather than vacant store fronts. As such, the current ordinance may not be optimally tailored to address the issues specific to vacant store fronts unless conditions of the storefront/building are found to be in violation of the adopted standards for neglected vacant properties. In other words, having an empty storefront does not necessarily qualify as neglect.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4165482&GUID=2D33021A-3778-4203-A80BEBB0D4F12A61&Options=&Search=

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In addition, the Code Enforcement Division is currently constrained by staffing limitations and existing workload from other programs and calls for service. As a result, the capacity to effectively enforce the ordinance through regular proactive monitoring is compromised. To address these challenges, the Code Enforcement Division has implemented a quarterly inspection protocol utilizing a three-person team.

In FY 2024, in an effort to further address vacant storefronts, staff will be implementing an additional layer of permit review on vacant properties to capture conditions which are in violation of ordinance standards but not necessarily apparent from street observations. While these measures are intended to enhance the enforcement of Vacant Property Standards, it could further strain the division's limited resources and potentially lead to delays in addressing other important matters.

Upon direction from Council, staff can provide an informational report in FY 2024 outlining existing activities, regulatory limitations, and staffing challenges. As stated in the May 23, 2023 staff report on the Strategic Roadmap, staff will continue to work on the engagement activities listed above. However, staff does not plan to revisit the Vacant Property Ordinance in FY 2024 due to lack of staff capacity.

H4 - Continue to explore safe parking options along with encampment management Council adopted the Let’s House Hayward Strategic Plan in July 20212. The Plan included the recommendation to exploring a “safe parking site with progressive engagement services, including for those living in RVs.” The plan estimated that the annual operating budget to manage such a site would be approximately $500,000. This does not include the startup costs to create such a site, which could be in the millions of dollars depending on the amenities.

In 2022, Community Services staff hired a consultant to do a high level analysis of the steps to create a safe parking site. Part of the recommendation from both the Let’s House Hayward Plan and the consultant is to ensure that any future safe parking site has the needed health and safety amenities, such as security and showers, as well as housing navigation services, similar to Hayward’s Navigation Center. In addition, the ideal location would be able to easily support such services without causing a substantial burden on the neighborhood immediately surrounding the site.

In FY 2024, Community Services will continue to monitor locations for a possible future site and will actively consider grant applications if State funding for safe parking sites becomes available. However, as stated in the May 23 staff report, staff does not plan to conduct additional work on this project in FY 2024, due to competing priorities like the St. Regis Center in addition to standard Division workload, including administering the Community Agency Funding process, overseeing the Community Development Block Grant and Hayward Operated Paratransit, as well as Hayward Navigation Center operations. Staff will revisit this project in FY 2025.

2 https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E-B317- E2797DF45328&Options=&Search=
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 23-023
DATE: May 23, 2023
TO: Mayor and City Council
FROM: Acting Development Services Director

SUBJECT
Sidewalk Vending Ordinance: Review and Discuss Draft Program Policies for an Amendment to the Hayward Municipal Code to Comply with Senate Bill (SB) 946, the “Safe Sidewalk Vending Act”

RECOMMENDATION
That the City Council reviews the report and provides feedback and direction to staff regarding the recommended locational and operational requirements and the alternative enforcement approach for the draft Sidewalk Vending Ordinance.

SUMMARY
Senate Bill (SB) 946 was signed into law on September 17, 2018, by former Governor Jerry Brown.

Effective January 1, 2019, SB 946 decriminalized sidewalk vending statewide and limited local jurisdictions’ authority to regulate sidewalk vending. Further, SB 946 preempts any contrary local regulations, requiring any local regulation of sidewalk vending be consistent with SB 946. The City currently does not have an ordinance that regulates sidewalk vendors consistent with SB 946 and the purpose of the ordinance would be to establish a regulatory framework for all sidewalk vendors operating within the public right-of-way in order to maintain public health, safety and general welfare.

Since late 2022, staff have been working with internal and external stakeholders to obtain input on the proposed sidewalk vendor program and have reviewed other Sidewalk Vending Ordinances from cities in California to identify best practices for inclusion in the Hayward program. Staff has completed that analysis and is seeking input and feedback from the Council on several draft policies related to locational and operational requirements for vendors as well as feedback on an alternative enforcement approach that supports collaborative efforts towards compliance. Following this work session, staff will finalize the draft Ordinance, including any other related Municipal Code amendments, in preparation for final program adoption. Staff anticipates the proposed Ordinances will be presented to Council for consideration later this summer.

CITY OF HAYWARD Page 1 of 2 Printed on 6/2/2023
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File #: WS 23-023

ATTACHMENTS
Attachment I Staff Report
Attachment II Draft Policy Language
Attachment III Online Survey Results
Attachment IV Enforcement Comparison Table
CITY OF HAYWARD Page 2 of 2 Printed on 6/2/2023
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Acting Development Services Director
SUBJECT: Sidewalk Vending Ordinance: Review and Discuss Draft Program Policies for an Amendment to the Hayward Municipal Code to Comply with Senate Bill (SB) 946, the “Safe Sidewalk Vending Act”

SUMMARY
Senate Bill (SB) 946 was signed into law on September 17, 2018, by former Governor Jerry Brown. Effective January 1, 2019, SB 946 decriminalized sidewalk vending statewide and limited local jurisdictions’ authority to regulate sidewalk vending. Further, SB 946 preempts any contrary local regulations, requiring any local regulation of sidewalk vending be consistent with SB 946. The City currently does not have an ordinance that regulates sidewalk vendors consistent with SB 946 and the purpose of the ordinance would be to establish a regulatory framework for all sidewalk vendors operating within the public rightof-way in order to maintain public health, safety and general welfare.

BACKGROUND
The Safe Sidewalk Vending Act, also known as SB 946, was signed into law by then-Governor

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Jerry Brown on September 17, 2018, and became effective January 1, 2019. By decriminalizing sidewalk vending statewide and limiting local jurisdictions authority to regulate sidewalk vending, SB 946 aimed to provide “important entrepreneurship and economic development opportunities to low-income and immigrant communities,” increase access to “culturally significant foods and merchandise,” and contribute “to a safe and dynamic public space.”1 Most significantly, SB 946 preempts any local regulation which is inconsistent with State law and, absent consistent regulations, required local jurisdictions to develop and adopt regulations that align with SB 946.

Since the effective date of the statute in 2019, the City has been working to develop a regulatory framework that aligns with State law. City staff have convened on several occasions to discuss the implications of the statute on the City’s existing regulations related to sidewalk vending and the potential development of a regulatory program consistent with State law. Moreover, in adopting its FY 2021-23 Strategic Roadmap, the City Council included the “Sidewalk Vendor Ordinance” as a priority in an effort to “invest in programs that support Hayward businesses and workers” under the “Grow the Economy” strategic priority.

Due to shifting priorities in response to the Covid-19 pandemic, the project was suspended until Fall of 2022. Since that time, the Planning Division has conducted additional outreach and engagement with stakeholders and a summary of that outreach and feedback is provided in the “Public Contact” section below.

Council Economic Development Committee. In February 2020, staff brought this item before the CEDC to report on the progress on the project and receive clarification on the City Council’s recommended policy approach.2 The CEDC suggested that if either a permissive policy approach or a regulatory approach were undertaken, an entrepreneurial permitting program should be established, with rules and guidelines that participants would be required to follow to ensure public safety such as obtaining a permit issued by the Alameda County Department of Environmental Health (ACDEH). The CEDC also expressed concerns about businesses based outside of Hayward coordinating sidewalk vendors to sell products in the city and the impact of sidewalk vending on brick-and-mortar businesses. Other considerations included a requirement that sidewalk vendors carry insurance coverage, receipt of sales tax from the selling of merchandise, and inclusion of a list of conditions and best practices in the ordinance.

On April 3, 2023, staff returned to the CEDC to obtain additional feedback on the proposed scope of the ordinance.
3 Specifically, staff requested direction on whether the sidewalk vending ordinance should include some of the optional regulations allowed per State law, including whether the CEDC supported limiting the hours of operation for sidewalk vendors; whether minimum performance standards should be established; whether the CEDC supported an integrated sidewalk vending permit program that entails a separate sidewalk vending permit, encroachment permit, and liability insurance; and whether the CEDC

1 SB 946, Section 1: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946&search_keywords=vendor 2 February 3, 2020 CEDC Meeting Minutes:
https://hayward.legistar.com/View.ashx?M=E3&ID=752549&GUID=55B8F6DC-4EB5-4A69-9DB3-ADD4E3C2B809 3 April 3, 2023 CEDC Meeting Minutes:
https://hayward.legistar.com/View.ashx?M=E3&ID=1085128&GUID=DDFF5144-F038-46E7-A732-57A85092FE31

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supported an enforcement framework focused on penalizing by the fines established by the State or a more collaborative approach, focused on education and awareness.

During the meeting, the CEDC expressed overall support for a balanced regulatory framework that would decriminalize sidewalk vending and help integrate the businesses into the formal economy, while continuing to support existing businesses. The CEDC inquired whether the ordinance could include regulations to address sidewalk vending in areas with no parking and with high traffic volumes as well as asked whether the City could limit sidewalk vending activity to certain areas of the City. Staff responded that those regulations are generally permissible under State law, as long as the regulations are tied to objective health, safety, and welfare concerns. The CEDC also stated that it was in favor of limiting hours of operation for sidewalk vendors with the caveat that those hours cannot be more restrictive than the operating hours of surrounding businesses, as allowed per State law. Moreover, the CEDC supported establishing minimum performance standards for sidewalk vendors, such as sign standards for signs displayed on and around equipment and sanitation and food safety standards set forth by statute and agreed that when a permit is issued, vendors should be required to obtain liability insurance that indemnifies the City in case of any life/safety issue.

As for enforcement, the CEDC supported an approach focused on education and awareness prior to fines being assessed and that educational materials distributed to sidewalk vendors be translated to multiple languages. Staff believes the proposed policies listed in Attachment II reflect the feedback received from the CEDC as well as other community stakeholders.

DISCUSSION
SB 946 Overview. The Safe Sidewalk Vending Act, or SB 946, applies to a “person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.” Under SB 946, a city cannot entirely prohibit or criminalize sidewalk vending. Further, the provisions of SB 946 preempt any contrary local ordinance related to sidewalk vending and requires local jurisdictions to adopt ordinances consistent with SB 946 to lawfully regulate sidewalk vending. SB 946 is codified in Sections 51036 to 51039 of the Government Code4.

Generally, SB 946 allows local jurisdictions to adopt a range of regulations as long as those regulations are directly related to objective health, safety, and welfare concerns. Expressly permitted regulations under the statute include the following:
 Cities may prohibit stationary vendors in residential zones outright, but not mobile vendors. Mobile vendors may be subject to reasonable regulations directly related to objective health, safety, or welfare concerns.
 Cities may prohibit sidewalk vendors from locating near certified farmers’ markets, swap meets, or other specially permitted temporary events, but only for the duration of the event.

4 Government Code:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=5.&part=1.&chapter=6.2.&article=

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 Cities may prohibit all sidewalk vending in a park (including beaches or open space areas) if a city has an exclusive concessionaire agreement for that site.

SB 946 also enumerates a set of permissible optional regulations that a city may adopt. While the list is not exhaustive, the statute provides examples of reasonable time, place, and manner restrictions directly related to objective health, safety, and welfare concerns:
 Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street;
 Requirements to maintain sanitary conditions;
 Requirements necessary to ensure compliance with the federal Americans with Disabilities Act;
 Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license;
 Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit;
 Requiring additional licenses from other state or local agencies to the extent required by law (e.g. a Mobile Food Facility Permit issued by Alameda County);  Requiring compliance with other generally applicable laws (e.g. fire safety requirements); and
 Requiring a sidewalk vendor to submit information on his or her operations.

SB 946 also limits the regulations that cities may impose on sidewalk vendors. including:
 Prohibiting all sidewalk vending;
 Requiring a sidewalk vendor to operate only within specific parts of the public rightof-way or only within specific neighborhoods or areas – except for a restriction directly related to objective health, safety, or welfare concerns;  Restricting the overall number of sidewalk vendors permitted to operate within the City– except for a restriction directly related to objective health, safety, or welfare concerns; and
 Requiring a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise Additionally, SB 946 imposes limits on local jurisdictions’ enforcement mechanisms. After January 1, 2019, a city can no longer punish sidewalk vending by criminal infraction or misdemeanor. Instead, if a vendor violates local regulations, the State has established the following maximum fine amounts:

First Violation Administrative Fine of $100
Second Violation Within One Year of First Administrative Fine of $200 Each Additional Violation Within One Year of the First Administrative Fine of $500 Fourth and Subsequent Violations Revocation of Permit

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If a sidewalk vending permit is required, vending without a permit is punishable by the following fines:

First Violation Administrative Fine of $250
Second Violation Within One Year of First Administrative Fine of $500 Each Additional Violation Within One Year of the First Administrative Fine of $1,000 SB 946 also requires local jurisdictions to establish an administrative process to determine one’s ability to pay the administrative fine.

Alameda County Mobile Food Permit. If selling food, the sidewalk vendor is also required to obtain a Mobile Food Facility Permit issued by Alameda County Department of Environmental Health. If a complaint is received that a sidewalk food vendor is allegedly violating provisions of the California Health and Safety Code, an Alameda County Department of Environmental Health Inspector will investigate in pairs and if the violation is found, will prepare a Notice of Violation. For a first violation, the Notice of Violation is sent that informs the vendor that they’re in violation of the state Health and Safety Code, cites the specific regulation that they’re violating, and provides outreach documents that contain instructions on how to become compliant. For a second violation, an Inspector from the Department of Environmental Health will contact the vendor again to highlight the violation as well as provide the necessary documentation to be compliant with health and safety codes. In some instances, the cart/pushcart will be impounded.

Draft Policy Overview. Following feedback from various internal and external stakeholder groups through targeted outreach, the online survey, review of 18 other municipal ordinances throughout the State, and feedback from the CEDC, staff has prepared a set of draft policies that establish locational and operational requirements for sidewalk vendors to ensure public safety and operation, as well as highlight an alternative enforcement approach to the administrative process that relies on education and awareness prior to any citations being issued. Staff believes the proposed policies listed in Attachment II reflect a balanced approach to ensure public health, safety and welfare with vending while creating a pathway for a vendor to legally operate in the City. Staff has also included several optional guidelines for consideration and feedback, should the Council support additional regulations. An overview of the proposed location and operational guidelines, including the optional guidelines, are detailed below.

Proposed Locational Guidelines
The recommended draft policy language establishes distance requirements from various public assets and facilities, private structures, and other sidewalk vendors to address potential public safety and accessibility impacts. The optional location requirements are also included to address public safety and accessibility issues that were identified, specific to Hayward. As part of the stakeholder outreach and consistent with other jurisdictions, specific setback requirements are being proposed and based on input received from, but not limited to, the City’s Department of Public Works Engineering and Utilities, the Transportation Division, the Planning Division, the Fire Department, and the Hayward Unified School District (H.U.S.D.).

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Specifically, staff is recommending a 200-foot distance requirement from certified farmer’s markets and special events to avoid undue interference and congestion with any vendor at the farmer’s market. There is also a recommended 100-foot distance requirement from public and private schools during days and hours that the schools are in session to not interfere with instruction and other school- related activities. A 100-foot distance requirement is also recommended from police and fire stations, and hospitals, to ensure that public services, especially those of an emergency nature, are not interrupted. The recommended locational requirements also propose to restrict sidewalk vending near pedestrian facilities, such as building entrances and exits and crosswalks to ensure pedestrian safety and accessibility. The recommended locational requirements also would prohibit sidewalk vending in areas that are on any public property that does not meet the definition of a sidewalk, on City-owned property, unless otherwise authorized by the City, any area that blocks pedestrian or vehicle access, or on any median strip within the public right-of-way. For any sidewalk vending on private property, applicants are subject to the Food Vendor regulations contained in Section 10-1.2735(m) of the Municipal Code.

Optional Locational Guidelines
If the Council would like the program to include additional public safety and accessibility guidelines beyond what many cities have identified in their Ordinances, the City could add setback distance requirements from public plazas where people congregate, landscaped areas, designated emergency vehicle access ways, traffic signals or regulatory signs, aboveground structures affixed to sidewalks (such as fire hydrants, public utility poles and boxes, and street furniture), as well as areas designated as parking zones (curbs painted yellow, white, blue, red, or green). Additionally, staff has included an optional policy that only allows roaming sidewalk vendors to operate in residentially zoned areas, thereby prohibiting stationary vendors. While many of these optional guidelines were not common in other Ordinances staff reviewed, they were identified by stakeholders as areas where the City may want additional regulation.

Proposed Operational Guidelines
In addition to the proposed locational guidelines, staff is also proposing a series of operational guidelines be included, as well as several optional guidelines the Council could consider. Operational guidelines will help the City establish standards that relate to the time and manner in which sidewalk vendors operate. The guidelines were based on feedback received from internal and external stakeholders, feedback from the online survey, as well as common regulations from many of the 18 jurisdictions that staff reviewed.

Specifically, the operational policies are intended to protect public health and safety by:
requiring sidewalk vendors display their sidewalk vending permit and other required licenses at all times when vending; allowing sidewalk vending activities in residential districts between the hours of 9 a.m. to 7 p.m.; allowing sidewalk vending activities in nonresidential zones to similar hours as allowed for surrounding businesses, excluding those businesses operating 24 hours; requiring that sidewalk vendors provide trash receptacles and keep the area surrounding the equipment free and clear of trash and debris; prohibiting freestanding appurtenances such as freestanding signs and chairs, tables, or

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benches adjacent to the sidewalk vending equipment for use by persons other than the sidewalk vendor; complying with noise standards; and prohibiting the vending of certain merchandise which is heavily regulated elsewhere, such as alcohol, tobacco products and cannabis.

Optional Operational Guidelines
In reviewing ordinances of other jurisdictions, staff has identified some optional operational guidelines that the City Council could consider. While the optional guidelines are not commonly found in other jurisdictions’ ordinances, they may address public health and safety concerns that are significant to this community.

An optional guideline to consider is prohibiting sidewalk vendors from entering and encroaching onto private property to conduct any vending activities. Section 10-1.2375(m) of the Hayward Municipal Code allows food vendors on private property with a Food Vendor Permit, which requires authorization from the property owner prior to issuance.

Prohibiting sidewalk vendors from encroaching onto private property prevents unauthorized vending on the site.

Another optional guideline to consider is prohibiting sidewalk vendors from selling or offering to sell services or engage in or offer to engage in any type of rental activity, including the rental of any goods or services. A “service” is an activity that involves the performance of work for others or the provision of intangible items that cannot be returned once they are provided. Examples of services include tax preparation, massages, hairstyling, and tattooing. This guideline is recommended because SB 946 only applies to the vending of food or merchandise and does not apply to services or rental of any goods or services.

Also, the City Council may wish to consider only allowing the display of goods that are available for immediate on-site sale and prohibiting the display of signs advertising any offsite business. Only allowing the display of goods that are available to immediate on-site sale would address the potential issue of falsely advertising items that are not immediately available or do not exist. Prohibiting the display of signs advertising any off-site business ensures consistency with the sign regulations and also prohibits falsely advertising items.

Alternative Enforcement Approach
Violations of the Hayward Municipal Code are subject to the administrative citation procedure set forth in Section 1-3.075 of the Hayward Municipal Code. Generally, the administrative citation process entails receiving a complaint regarding an alleged violation, verifying that a violation has occurred, sending an Administrative Notice In Lieu of Citation to notify the individual of the violation, giving the individual a date to cure the violation which depends on nature of the violation, a timeline for reinspection, and a date the applicant has to cure the violation, which is followed by a second reinspection to verify compliance with the Hayward

5 Section 1-3.07 of the Hayward Municipal Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH1GEPR_ART3PE_S1-

3.07ADCIPR

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Municipal Code. If there is still noncompliance after these initial attempts, then an administration citation is issued and penalties and fees are assessed, as determined by the City’s Master Fee Schedule6.

As part of the proposed Ordinance, staff recommends an alternative procedure of enforcing the provisions of the sidewalk vending ordinance be adopted to allow the City to take a more inclusive and collaborative approach with the sidewalk vendor that focuses on education and awareness related to the City’s regulations and permitting process as described below with the fine amount adopted consistent with the maximum fine allowed per SB946 as described below:
 For the first incident, a verbal warning be given along with educational materials to the vendor which outlines the sidewalk vending regulations and permit process.  For the second incident, a written warning would be issued, which specifies the regulation being violated along with educational materials and includes a timeline for compliance.
 For the third incident, the administrative citation procedures would apply.

If a vendor violates local regulations, other than operating without a permit, the following maximum fine amounts would apply:

First Violation Administrative Fine of $100
Second Violation Within One Year of First Administrative Fine of $200 Each Additional Violation Within One Year of the First Administrative Fine of $500 If a sidewalk vending permit is required and the vendor is operating without a permit, the following fine amounts would apply:

First Violation Administrative Fine of $250
Second Violation Within One Year of First Administrative Fine of $500 Each Additional Violation Within One Year of the First Administrative Fine of $1,000 Policies Not Recommended for Consideration
Following input and feedback received from stakeholders and the online survey, there are a few common policy suggestions that staff is not recommending be included for consideration.

The policies and an explanation of the reasons behind their exclusion from the draft policy is detailed below.

Specific Health and Safety Code Regulations Regarding Sanitation, Equipment, and Cooking:

Staff has received a significant amount of feedback that specific regulations related to the California Health and Safety Code should be included in the draft ordinance. The Alameda County Department of Environmental Health is charged with the authority to enforce the provisions of the Health and Safety Code, including those related to sanitation, food

6 https://www.hayward-ca.gov/sites/default/files/documents/Adopted-FY22-Master-Fee-Schedule.pdf

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preparation, food storage, and cooking processes. While the City cannot enforce the specific requirements of the Health and Safety Code, the draft ordinance does require that sidewalk vendors comply with all applicable federal, state, county, and local laws, and as such, any issue with specific health and safety regulation, including sanitation, equipment, and cooking, will be forwarded to Alameda County Department of Environmental Health for review and possible enforcement.

Human Trafficking: Staff has also received feedback that sidewalk vendors are being trafficked and exploited by larger operations. While Human Trafficking continues to be an issue around the country, the purpose of the sidewalk vending ordinance is to establish a balanced regulatory framework to allow vending activities to safely occur on sidewalks in Hayward. Any criminal activity that may be associated with sidewalk vending, such as human trafficking, is within the purview of law enforcement authorities and will be handled accordingly.

Employment of Minors: An additional concern raised by the public was the employment of minors as sidewalk vendors. The employment of minors is governed by federal and state labor laws and the California State Labor Commission is tasked with the enforcement of labor laws. While the City cannot enforce federal and state labor laws, the draft ordinance does require that sidewalk vendors comply with all federal, state, county, and local laws.

STRATEGIC ROADMAP
In January 2020, the City Council adopted six Strategic Priorities as part of its three-year Strategic Roadmap. This agenda item supports the Strategic Priority of Grow the Economy.

Specifically, this item relates to the implementation of the following:

Project 6d: Sidewalk Vendor Ordinance

FISCAL IMPACT
The costs associated with the administration of the sidewalk vending permit program have not yet been determined. However, for reference, staff has researched the sidewalk vending permit fees of several Bay Area cities. The fees, exclusive of business license, range from $0 to $622.13. If a sidewalk vendor is selling food, these fees are in addition to the fee for a Mobile Food Facility (MFF) permit issued by Alameda County Department of Environmental Health, which is $500 to $700.

During the preparation of the draft ordinance, City staff would determine the costs associated with the implementation, education/outreach, permitting, and enforcement of the sidewalk vending permit program. At the time of introduction of the draft ordinance, staff will recommend whether the fee imposed for the sidewalk vending permit should fully recover all staff costs or be reduced for equity considerations.

SUSTAINABILITY FEATURES

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While the draft policies do not include any Sustainability Features, staff did include guidelines that require the sidewalk vendor maintain the vending area clear of any trash or debris as well as a requirement that all vendors provide a trash receptacle. This will help mitigate any nuisance issues tied to public health and safety.

PUBLIC CONTACT
Public outreach efforts have entailed internal and external stakeholder meetings, interviewing sidewalk vendors, establishing a project webpage, and creating an online survey. In February, an article on the sidewalk vending ordinance was featured in the East Bay Times highlighting the outreach efforts and progress on the ordinance.

Targeted Stakeholder Meetings. On December 19, 2022, staff held an informal listening session with several of the business owners that had attended previous City Council meetings.

Staff provided an overview of SB 946 and the business owners were given the opportunity to express their concerns, which focused on public safety and whether the City could initiate enforcement activity on sidewalk vendors as well as the types of enforcement activities that the City could engage in. City staff followed up with each of these business owners and provided an update explaining the extent of the City’s enforcement authority regarding sidewalk vendors.

On February 2, 2023, staff held a stakeholder meeting and met with sidewalk vendors. The meeting had a total of 10 attendees, including five City staff, two sidewalk vendors, one potential sidewalk vendor, and two staff members of a community organization. During the meeting, the sidewalk vendors expressed a willingness to obtain a permit and comply with all applicable regulations. However, they stated that a costly permit fee could be an obstacle to getting a permit. They also stated that workshops to guide sidewalk vendors through the permitting process would be helpful.

On February 6, 2023, staff held a stakeholder meeting with representatives of Hayward Unified School District (H.U.S.D.). While H.U.S.D. has not received recent complaints from parents about sidewalk vendors, H.U.S.D. is discussing whether there is interest in a buffer distance between schools and sidewalk vendors but recommended the City include some buffer between school property and sidewalk vendors to protect school children from vending activities.

On February 9, 2023, staff held a stakeholder meeting with representatives of the Downtown Hayward Improvement Association (DHIA). While complaints about sidewalk vendors operating in close proximity to restaurants have not been received, DHIA did express a concern that sidewalk vendors undercut the profits of the brick-and-mortar restaurants in downtown. The DHIA also mentioned that ADA accessibility and health and safety concerns should be addressed in the ordinance.

On February 15, 2023, staff held a stakeholder meeting with representatives of Hayward Area Recreation and Park District (H.A.R.D). Although HARD does have jurisdiction of park areas within its boundaries and have dealt with vendors, it has been observed that the vendors

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often move from the park to the sidewalk and, at times, to the sidewalk across the street from the park, creating a hazardous condition for people crossing lanes of traffic outside of the crosswalk. To address this potential hazard, H.A.R.D. has expressed interest in a buffer distance between its parks and sidewalk vendors. Staff is awaiting a response from H.A.R.D. on a recommended buffer distance. Staff will continue to collaborate with H.A.R.D. in determining an appropriate buffer distance from park properties. The determined buffer distance will be incorporated into the draft ordinance to be introduced to City Council on a future date.

On February 16, 2023, staff held a stakeholder meeting with representatives of Alameda County Department of Environmental Health. Given that a County-issued Mobile Food Facility Permit is generally required for sidewalk vendors that sell food, the County did express interest in a partnership with the City to hold workshops after ordinance adoption to further educate the vendors about the permit process. The County is also responsible for enforcement of the Health and Safety Code so additional education and awareness on safe vending of food is recommended.

On February 28, 2023, staff held a stakeholder meeting with representatives of the Hayward Farmer’s Market. One of the challenges observed in other jurisdictions was that sidewalk vendors often operate in close proximity to a farmer’s market. Farmer’s markets are areas of high pedestrian traffic and sidewalk vendors located next to farmer’s markets can impede pedestrian access. The farmer’s market was interested in a buffer distance between sidewalk vendors and the market but also expressed a willingness to partner with sidewalk vendors to be included in the market.

Throughout March and April, staff met with various City departments to discuss the potential components of a sidewalk vending ordinance. The departments/divisions consulted included Economic Development, Public Works -Transportation, Code Enforcement, Fire and FireHazardous Materials, Finance, Public Works - Environmental Services and Solid Waste, Diversity and Inclusion, and Police. Much of the feedback provided by the City departments has been incorporated into the draft policy language document and additional feedback related to the administration and implementation of the ordinance will be part of the draft ordinance.

On April 7, 2023, staff held a stakeholder meeting with the Government Relations Committee (GRC) of the Chamber of Commerce. Staff gave a brief presentation to the GRC on the overview of SB 946 and explained the limits on the City’s authority. The GRC expressed support for requiring a sidewalk vending permit, establishing operational requirements, ensuring food safety, and creating an enforcement mechanism of the provisions of the sidewalk vending ordinance to ensure public health and safety are maintained.

On April 6 and 7, 2023, staff canvassed the City and interviewed four vendors at various locations throughout the City. Staff asked the vendors whether they were aware of any permit process for sidewalk vending, especially for the vending of food, and, if so, what was their experience with the permit process. All sidewalk vendors interviewed responded that they were not aware of a permit process but were willing to comply if the City adopts an ordinance

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regulating sidewalk vendors. Staff also asked whether they were aware of the State legislation that decriminalized sidewalk vending and all responded that they were not aware of the legislation. When asked about the incentives to apply for a permit, sidewalk vendors would apply for a permit if noncompliance would cause an interruption to their business.

Additionally, access to additional educational and financial resources would incentivize compliance with the permit requirements. When asked about the obstacles in applying for a permit, all four vendors mentioned costs. The vendors also requested they be provided time to obtain the necessary permits and recommended that the permit materials be expanded and provided in other languages to broaden the outreach, education, and awareness for those non-English speaking vendors. In addition, all the vendors interviewed expressed support and a willingness to participate in a training workshop to help guide new vendors through the permitting process.

Throughout March and April, staff also met with various City departments to discuss the potential components of a sidewalk vending ordinance. The departments/divisions consulted included Economic Development, Public Works -Transportation, Code Enforcement, Fire and Fire-Hazardous Materials, Finance, Public Works - Environmental Services and Solid Waste, Diversity and Inclusion, and Police. Much of the feedback provided by the City departments has been incorporated into the draft policy language document and additional feedback related to the administration and implementation of the ordinance will be part of the draft ordinance. Some themes from the feedback received from the various departments included pedestrian safety and access, public safety, driver visibility, trash and waste management, and creating an equitable vendor permit program.

Project Webpage. In mid-February, staff launched a webpage that provides regular project updates as well as information related to SB946. The webpage also contains staff contact information, provides key dates for future stakeholder meetings, work sessions and public hearings, indicates key project milestones, and provides members of the public access to the draft sidewalk vending ordinance when completed. Moreover, a dedicated email address for the project was created which allows members of the public the opportunity to sign up for project notifications and submit comments. To date, there have been 83 comments received from the public. The comments were related to the general comments of competition with brick-and-mortar businesses, permitting, public safety, food safety, cleanliness of area and equipment, traffic, and impact on neighborhood appearance. The webpage can be accessed at the following web address: https://www.hayward-ca.gov/content/sidewalk-vendingordinance-update.

Online Survey. In addition to the stakeholder meetings, a broader public outreach effort took place through an online survey, which was developed to give the public an additional opportunity to give their opinions on sidewalk vending and get a better understanding of interests, opportunities, and concerns tied to the project. The survey was active from March 28, 2023, to May 1, 2023, and made available on the project’s webpage, LinkedIn, and featured in a Stack Extra article published in late March. A survey link was also sent to those stakeholders and members of the public who signed up to be on the “Interested Parties” list, as well as a QR code was provided to the sidewalk vendors and others, as requested.

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The online survey received a total of 1,565 responses, with 126 complete surveys and 1,439 partially complete surveys. The graph below is a breakdown of respondents’ connection to Hayward (responses total more than 100 percent because respondents could choose multiple options):

As for the community’s opinion on sidewalk vending overall, most of the survey respondents supported sidewalk vending and did not have any concerns. The graph below provides a breakdown of community opinion:

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Please see Attachment III for additional results of the survey.

East Bay Times Article. On February 23, 2023, an article was published in the East Bay Times that highlighted the City’s community outreach efforts and progress toward the development of a sidewalk vending ordinance. Staff emphasized taking a balanced approach to ensure that new sidewalk vendor program established policies to ensure safe operation by sidewalk vendors and provide an equitable and inclusive approach.

NEXT STEPS
Following this Work Session, staff will finalize the draft ordinance and identify and amend sections of the Hayward Municipal Code that conflict with the draft ordinance and SB 946.

The draft ordinance and amendments to the Hayward Municipal Code will be introduced at City Council later this summer.

Prepared by: Rozalynne Thompson, Senior Planner
Dulce Ochoa, Assistant Planner
Recommended by: Sara Buizer, Acting Development Services Director Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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SIDEWALK VENDING ORDINANCE

DRAFT POLICY GUIDELINES
Proposed Vendor Locational Guidelines
(These are standard guidelines that are found in most Ordinances – best practice) A. No sidewalk vendor shall vend in the following locations:

1. Any public property that does not meet the definition of a sidewalk, including, but not limited to, any street, roadway median, pedestrian islands, or bicycle lane;

2. City owned property including, but not limited to, parking structures and parking lots, unless otherwise authorized by the City;

3. In any area that blocks pedestrian or vehicle access or obstructs traffic signals or regulatory signs.

4. On any median strip or dividing section within public right-of-way areas.

5. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. No sidewalk vendor shall vend in a manner that blocks or obstructs the required Americans with Disabilities Act of 1990 access, access to designated loading zones, and access to public utilities. Sidewalk vendors must at all times provide a clearance of not less than four (4) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices;

6. Within 18 inches from the edge of a curb;

7. Within 15 feet from any:
a. Fire hydrant
b. Driveway or alleyway
c. Door/emergency exit

8. Within 20 feet of any:
a. Bus stop
b. Mid-block crosswalk

9. Within 25 feet of any:
a. Street corner
b. Street intersection

10. Within 100 feet of any:
a. Emergency facility (Fire Station, Police Station, Hospital) b. Public or private school on days when school is in session

11. Within 200 feet of any:
a. Farmer’s market for the duration of the event
b. Special event and temporary uses for the duration of the event c. A freeway entrance or exit

12. Stationary sidewalk vendors shall not vend within 50 feet of another stationary sidewalk vendor

ATTACHMENT II

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13. Stationary sidewalk vendors shall not vend within a park if the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

14. Sidewalk vendors are prohibited from entering or encroaching onto private property while engaged in sidewalk vending activities.

Optional Locational Guidelines
These would be additional guidelines that go beyond standard guidelines that the Council may want to consider:
1) No vending or establish a setback requirement from public plazas that serve as community-wide focal points primarily for civic purposes and commercial activities.
2) No vending within landscaped areas
3) Additional setback requirement from designated emergency vehicle access way 4) No vending within designated parking zones, such as handicapped, short-term, passenger loading or no-parking
5) Additional setback requirements from designated parking zones, such as handicapped, short-term, passenger loading or no-parking 6) Limit sidewalk vendors in residential zones to roaming only. 7) Additional setback requirement from street furniture (trash or recycling receptables, bicycle racks, public art)
Proposed Vendor Operational Guidelines
(These are standard guidelines that are found in most Ordinances – best practice)

1. Sidewalk vendors shall visibly display their sidewalk vending permit at all times when vending, as well as any other permit or license required by the City and any other appropriate governmental agency.

2. Sidewalk vending activities in residential zones may occur only between the hours of 9:00 a.m. and 7:00 p.m.

3. Sidewalk vending activities in nonresidential zones will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate 24 hours.

4. If applicable, sidewalk vendors shall obtain a Mobile Food Facility (MFF) permit from the Alameda County Department of Environmental Health (ACEH). Sidewalk vendors shall visibly display the MFF permit. The MFF permit shall be made available to the City as part of the permit application or renewal process.

5. All sidewalk vendors shall provide a trash receptacle for customers and shall ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash so that public trash receptacles located on any block for use by the general public do not have to be used by customers.

ATTACHMENT II

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6. All sidewalk vendors shall not dispose of customer or sidewalk vendor trash in trash receptacles that the City provides for public use. All sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to their sidewalk vending activities that are spilled or discharged on public property.

7. All sidewalk vendors are responsible for ensuring that the surrounding sidewalk is kept clean and free of trash and debris associated with their vending operation.

8. Sidewalk vendors shall not erect freestanding appurtenances adjacent to the vendors’ person, cart, wagon, rack, or other conveyance for vending activities, including but not limited to freestanding signs, umbrellas, ice chests, chairs, tables or benches. Sidewalk vending equipment that are used for or associated with sidewalk vending activities shall not:
a. Attach to or make contact with any utility pole, street sign, bus stop, trash can, traffic pole, or any other public structure.
b. Remain left or maintained unattended in public spaces or in any portion of the public right-of-way.

9. Sidewalk vendors shall comply with the noise standards provided in Chapter 4, Article 1of the Hayward Municipal Code.

10. Sidewalk vending of the following merchandise is prohibited:
a. Alcoholic beverages;
b. Adult-oriented materials
c. Tobacco, tobacco products, or electronic smoking devices; d. Cannabis or cannabis products;
e. Weapons, including knives, guns, or explosive devices; f. Pharmaceuticals;
g. Any other merchandise prohibited by law from being vended.

Optional Operational Guidelines
(These would be additional guidelines that go beyond standard guidelines that the Council may want to consider)

1. Sidewalk vendors shall not sell or offer to sell services or engage in or offer to engage in any type of rental activity, including the rental of any goods or services.

2. Sidewalk vendors shall display only goods that are available for immediate on-site sale.

3. Sidewalk vendors shall not display any signs advertising any off-site business.

Alternative Enforcement Approach
As for enforcement of the ordinance, should the approach follow the administrative procedures set forth in the Hayward Municipal Code or alternative approach as outlined:

A. Persons found vending in violation of this Chapter are subject to following enforcement procedure:

ATTACHMENT II

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1. For the first incident, a verbal warning will be given along with materials outlining the rules and regulations for sidewalk vending and the application process;

2. For the second incident, a written warning will be issued specifying the provision of this Chapter that has been violated as well as materials outlining the rules and regulations for sidewalk vending and the application process;

3. For the third incident, persons found in violation of this Chapter shall be subject to the Administrative Citation procedures found in Article 7, Administrative Citations, of the Hayward Municipal Code, subject to the fines below:

Proposed Alternative Enforcement
Approach Maximum Fines for Vending
Without a Sidewalk Vending Permit
Proposed Alternative Enforcement
Approach Maximum Fines for Violation of
Any Other Provisions of this Chapter
First Violation: $250.00. First Violation: $100.00.

Second Violation within One Year of First
Violation: $500.00.

Second Violation within One Year of First
Violation: $200.00.

For Each Additional Violation within One
Year of First Violation: $1,000.00.

For Each Additional Violation within One Year
of First Violation: $500.00.

C. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor.

Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed.

Attachment III

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Survey Results
The survey received a total of 1,565 responses, with 126 complete surveys and 1,439 partially complete surveys. Eighty-seven percent (87%) of the respondents were Hayward residents, 9.07 percent of the respondents worked in Hayward, and 8.05 percent were business owners in Hayward (responses total more than 100 percent because respondents could choose multiple options). As for the community’s opinion on sidewalk vending overall, 38.66 percent supported sidewalk vending and did not have any concerns, 33.74 percent supported sidewalk vending and had some concerns, 24.53 percent opposed sidewalk vending, 1.6 percent had no opinion on sidewalk vending, and .58 percent of respondents were not comfortable sharing their opinion.

Attachment III

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As to familiarity with the Safe Sidewalk Vending Act (SB 946) (“the Act”), 40.70 percent of respondents never heard of the Act, 29.33 percent of respondents heard of the Act but where unfamiliar with it, 26.90 percent of respondents had a general understanding of the Act, and 3.07 percent of respondents had a deep understanding of the Act.

Attachment III

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As to the benefits of sidewalk vending, on a scale of strongly agree to strongly disagree,

47.5 percent strongly agreed that sidewalk vending provides entrepreneurial opportunities, 45.22 percent agreed that sidewalk vending contributes to cultural diversity,

42.27 percent strongly agreed that sidewalk vending creates more choices for consumers, and 36.1 percent strongly agreed that sidewalk vending enlivens public spaces. However, only 22.02 percent agreed that sidewalk vending provides access to affordable, healthy food, while 26.19 percent strongly disagree.

As to the concerns with sidewalk vending, 41.87 strongly agreed that sidewalk vending may not comply with health and safety regulations, 40.28 percent strongly agreed that the cleanliness of equipment and areas around the equipment may be a concern (ex. trash, food, waste, and debris left by sidewalk vendors and patrons), 35.21 percent of respondents strongly agreed with the statement that food sold from sidewalk vendors may not be safe to eat (ex. getting sick from foodborne illness), 31.86 percent strongly agreed that sidewalk vending may make it difficult to access the right-of-way, 30.96 percent strongly agreed that sidewalk vending may negatively impact residential areas, 27.6 percent of respondents strongly agreed that sidewalk vending could negatively impact public safety, and 23.67 percent strongly agreed that sidewalk vending could negatively impact vendor safety (ex. public response to sidewalk vendor). Of the respondents to the Attachment III

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statement whether sidewalk vending may negatively impact brick-and-mortar businesses,

29.28 percent of the respondents strongly disagreed, while 28.12 percent strongly agreed with that statement.

As to where sidewalk vendors have been seen, 70.99 percent of respondents have seen sidewalk vendors near parks, 69.78 percent of respondents have seen sidewalk vendors in residential areas, 63.64 percent of respondents have seen sidewalk vendors near shopping centers, 56.74 percent of respondents have seen sidewalk vendors near gas stations, 55.53 percent of respondents have seen sidewalk vendors by schools, 46.96 percent of respondents have seen sidewalk vendors near religious institutions/places of assembly,

43.51 percent of respondents have seen sidewalk vendors in front of brick-and-mortar businesses, 13.74 percent of respondents have seen sidewalk vendors at other locations, and 1.02 percent of respondents have not seen any sidewalk vendors. Responses total more than 100 percent because respondents could choose multiple options.

Attachment III

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As to the type of sidewalk vending seen in Hayward, 93.63 percent of respondents indicated seeing unpackaged/perishable foods (ex. cut fruit, tacos), 55.75 percent of respondents indicated seeing packaged/non-perishable foods (ex. chips, soda), 55.23 percent of respondents indicated seeing unpackaged/non-perishable foods (ex. pre-made churro, coffee), 45.61 percent of respondents indicated seeing merchandise, 43.01 percent of respondents indicated seeing packaged/perishable foods (ex. whole fish, ice cream),

11.76 percent of respondents indicated other and 2.53 of respondents indicated seeing services (ex. massages, haircuts). Responses total more than 100 percent because respondents could choose multiple options.

Attachment III

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As to how often sidewalk vendors are seen in Hayward, 60.06 percent of respondents see sidewalk vendors daily, 31.12 percent of respondents see sidewalk vendors at least once a week, 6.52 percent of respondents see sidewalk vendors at least once a month, 1.47 percent of respondents see sidewalk vendors at least once a year, and 0.83 percent of respondents have never seen a sidewalk vendor.

Attachment III

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As to the time-of-day sidewalk vendors are seen vending, 87.93 percent of respondents see sidewalk vending from 2 p.m. to 6 p.m., 74.11 percent of respondents see sidewalk vending from 10 a.m. to 2 p.m., 37.96 percent of respondents see sidewalk vending from 6 p.m. to 10 p.m., 25.83 percent of respondents see sidewalk vending from 6 a.m. to 10 a.m., and 5.19 percent of respondents see sidewalk vending from 10 p.m. to 2:00 a.m. Responses total more than 100 percent because respondents could choose multiple options.

Attachment III

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As for limits on the location of sidewalk vendors, 40.85 percent of respondents would prefer to limit sidewalk vendors in front of brick-and-mortar businesses, 41.32 percent of respondents favored limiting sidewalk vendors in residential areas, and 34.54 percent of respondents would prefer a limitation by schools. However, 46.67 percent of respondents favored encouraging sidewalk vendors near parks, 44.19 percent of respondents favored encouraging sidewalk vendors in industrial areas, 39.47 percent of respondents favored encouraging sidewalk vendors in Downtown Hayward, 30.97 percent of respondents favored encouraging sidewalk vendors near religious institutions/places of assembly,

30.23 percent of respondents favored encouraging sidewalk vendors near gas stations, and

29.74 percent of respondents favored encouraging sidewalk vendors near shopping centers. Responses total more than 100 percent because respondents could choose multiple options.

Attachment III

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94.46 percent of the respondents speak English the most, 23.86 percent of the respondents speak Spanish the most, 4.44 percent of the respondents speak Tagalog the most, and 1.91 percent of the respondents speak Mandarin the most. Responses total more than 100 percent because respondents could choose multiple options.

Attachment III

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37.07 percent of respondents describe themselves as White/Caucasian, 34.44 percent of respondents describe themselves as Hispanic/Latino, 20.41 percent of respondents describe themselves as Asian, 7.80 percent of respondents describe themselves as Black or African American, 6.87 percent of respondents describe themselves as multiple ethnicity/other, 5.74 percent of respondents describe themselves as Native Hawaiian/Pacific Islander, and 4.04 percent of respondents describe themselves as American Indian or Alaskan Native or Indigenous. Responses total more than 100 percent because respondents could choose multiple options.

Attachment III

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25.33 percent of respondents were 60 or older, 22.86 percent of respondents were between 40-49, 20.33 percent of respondents were 30-39, 16.63 percent of respondents were 50-59, 10.27 percent of respondents were 18-29, 4.38 percent of respondents preferred not to answer, and 0.21 percent of respondents were under 18 years of age.

Attachment III

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The online survey also enabled respondents to provide written input and feedback.

Common feedback received concerned compliance with health and safety standards, obtaining the necessary permits to operate, maintaining the cleanliness of sidewalks, protecting sidewalk vendors from potential criminal activity, the noise and smoke emanating from sidewalk vending operations, and operating in residential areas.

ATTACHMENT IV

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Enforcement Comparison Table
In the draft policy document, staff recommends an alternative procedure of enforcing the provisions of the sidewalk vending ordinance. This alternative enforcement procedure would be collaborative with the sidewalk vendor and focus on educating sidewalk vendors about the City’s regulations and permit process. See below for a side-by-side comparison of the administrative citation procedure set forth in Hayward Municipal Code Section 1-

3.07 and the proposed alternative enforcement approach.

Administrative Citation Procedure
Hayward Municipal Code Section 1-3.07
Alternative Enforcement Approach
If a violation of the Hayward Municipal
Code has occurred, an Administrative
Notice in Lieu of Citation is sent to notify
the individual of the violation. The notice
also gives the individual a date to cure the
violation.

If noncompliance is found, a verbal warning
related to the specific violation will be given
along with materials outlining the sidewalk
vending regulations and permit process.

Staff reinspects for compliance on the date
indicated in the notice. If noncompliance
persists, then an administration citation is
issued, and penalties and fees are assessed
per Hayward Municipal Code Section 1-3.07
and the Master Fee Schedule.

If the noncompliance persists after initial
verbal warning, a written warning will be
issued specifying the regulation violated
along with educational materials.

If the noncompliance persists, the
individual would be subject to the
Administrative Citation procedures found
in Article 7, Administrative Citations of the
Hayward Municipal Code subject to the
fines set forth in SB 946.

Existing Maximum Fines for
Administrative Citations
Per the 2023 Adopted
Master Fee Schedule
Proposed Alternative
Enforcment Approach
Maximum Fines for Vending
Without a Sidewalk Vending
Permit
Proposed Alternative
Enforcment Approach
Maximum Fines for
Violation of Any Other
Provisions of this Chapter
First Violation: $100.00. First Violation: $250.00. First Violation: $100.00.

Second Violation: $200.00. Second Violation within One
Year of First Violation:
$500.00.

Second Violation within One
Year of First Violation:
$200.00.

ATTACHMENT IV

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Third and Subsequent
Violations: $500.00.

For Each Additional
Violation within One Year of
First Violation: $1,000.00.

For Each Additional
Violation within One Year of
First Violation: $500.00.

CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 23-022
DATE: June 6, 2023
TO: Mayor and City Council
Redevelopment Successor Agency Board of Directors
Housing Authority Board of Directors
FROM: Director of Finance

SUBJECT
FY 2024 Budget/CIP Public Hearing and Adoption: Hold Public Hearing and Adopt Resolution for Adoption of the Proposed FY 2024 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authority; FY 2024 Capital Improvement Program Budget; Adoption of the FY 2024 Operating Budgets and Appropriations for FY 2024; Adoption of the FY 2024 Capital Improvement Program Budget and Appropriations for FY 2024; Adoption of the Hayward Redevelopment Successor Agency Budget; and Adoption of the Hayward Housing Authority Budget

RECOMMENDATION
That the Council: considers the Proposed FY 2024 Operating Budgets of the City, Redevelopment Successor Agency, Housing Authority and Capital Improvement Program (CIP); conducts a Public Hearing on each; and adopts resolutions for each of the above-mentioned documents should there be no further action needed based on public testimony or at Council’s request.

SUMMARY
The Council will conduct a public hearing for the adoption of the Proposed FY 2024 Operating Budgets and FY 2024 Capital Improvement Program Budget. Should there be no needed actions following public testimony or Council direction, Council will consider adoption of the FY 2024 Operating Budgets, and FY 2024 Capital Improvement Program Budget.

ATTACHMENTS
Attachment I Staff Report
Attachment II FY 2024 Operating Budget Resolution
Attachment III FY 2024 Budget Exhibits A & B
Attachment IV FY 2024 Budget Redevelopment Agency Successor Resolution Attachment V FY 2024 Budget Housing Authority Resolution Attachment VI FY 2024 Capital Improvement Projects Budget Resolution CITY OF HAYWARD Page 1 of 2 Printed on 6/2/2023
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File #: PH 23-022
Attachment VII FY 2024 Budget Community Agency Funding Resolution Attachment VIII Exhibit A to Community Agency Funding Recommendation CITY OF HAYWARD Page 2 of 2 Printed on 6/2/2023
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Page 1 of 7 ends

DATE: June 6, 2023
TO: Mayor and City Council
Redevelopment Successor Agency Board of Directors
Housing Authority Board of Directors
FROM: Director of Finance
SUBJECT: FY 2024 Budget/CIP Public Hearing and Adoption: Hold Public Hearing and Adopt Resolution for Adoption of the Proposed FY 2024 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authority; FY 2024 Capital Improvement Program Budget; Adoption of the FY 2024 Operating Budgets and Appropriations for FY 2024; Adoption of the FY 2024 Capital Improvement Program Budget and Appropriations for FY 2024; Adoption of the Hayward Redevelopment Successor Agency Budget; and Adoption of the Hayward Housing Authority Budget

RECOMMENDATION
That the Council: considers the Proposed FY 2024 Operating Budgets of the City, Redevelopment Successor Agency, Housing Authority and Capital Improvement Program (CIP); conducts a Public Hearing on each; and adopts resolutions for each of the abovementioned documents should there be no further action needed based on public testimony or at Council’s request.

BACKGROUND
The Proposed FY 2024 Operating Budget was delivered to Council on Friday, April 28, 2023, in advance of the May 13, 2023, Saturday work session. The operating budget is comprised of different funding sources, with the General Fund representing the largest single fund for which the Council has the most discretion. The total City expenditure budget for the Proposed FY 2024 Annual Budget as provided to Council on April 28, 2023, was $401.8 million, with a General Fund budget of $204.6 million.

Page 2 of 7 ends

Since April 28, Council held a budget work session on May 13 to further discuss the proposed budget1. The work session included presentations, Council discussions, and a time for public input on the following:
 The City’s FY 2024 overall operating budget
 Department/Program budgets and operations
To continue with the budget process, the CIP budget work session was held on May 162.

Following these work sessions, changes to the FY 2024 Proposed Operating and CIP Budgets are recommended as detailed in this report. This meeting has been noticed as a public hearing on the FY 2024 Proposed Operating and CIP budgets and is another opportunity to receive public input. Upon closure of the public hearing, Council will provide any additional comments and direction to staff and, should there be no public testimony or Council-directed changes to the FY 2024 Proposed Operating and CIP budgets, both documents will be considered for adoption upon the closing of the Public Hearing. Should there be public testimony and/or direction from the Council that requires changes to either the FY 2024 Operating or CIP budgets, the public hearing will be closed, and the Proposed FY 2024 Operating and CIP budgets will be presented for adoption on June 20, 2023.

DISCUSSION
The Proposed FY 2024 Operating Budget and CIP documents provide the foundation for the budget discussions. Through discussions at the various budget work sessions/meetings, recommended adjustments to the proposed budget are incorporated in this report, which contains a summary of the changes to date, and the impacts to the General Fund and all other operating funds.

The Proposed FY 2024 Operating Budget provided to Council on April 28, 2023, was balanced with the projected use of $4.7 million in General Fund Reserves. The City continues to forecast structural budget gaps in future years, as the City continues to recover from the impacts of the pandemic while continuing to balance rising operational costs. On Saturday, May 13, 2023, Council discussed the Proposed FY 2024 Operating Budget at an all-day work session.

Revisions made after the May 13 budget work session are detailed below. The incorporated changes to the Proposed FY 2024 Operating Budget will result in the projected use of $5.1 million in General Fund Reserves, an increase of $0.4 million over what was presented to the Council on April 28, 2023.

On April 13, 2023, the Planning Commission held a public hearing and found the proposed FY 2024-2033 CIP document in conformance with the General Plan. On April 26, 2023, the Council Infrastructure Committee (CIC) discussed the proposed CIP budget and new CIP online platform. On May 16, 2023, Council reviewed and discussed the proposed FY 2024- 2033 CIP budget during a work session.

1CITY OF HAYWARD - Meeting of City Council on 5/13/2023 (legistar.com) 2 CITY OF HAYWARD - Meeting of City Council on 5/16/2023 (legistar.com)

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The tables below illustrate the proposed FY 2024 Operating Budget expenditure and revenue projections as presented to Council on April 28, 2023 and updated to reflect changes made since the draft document was prepared.

Table 1 – Citywide Expenditure Budget
The changes for General Fund and All Other Funds from the time that the proposed budget was provided to Council on April 28h include the following:

General Fund Expenses:

1. Projected Cost of Living Adjustment (COLA) of 5% for Mayor and City Council – Increase of $6,805

2. Additional Strategic Roadmap Projects – Increase of $402,000 a. Ticketing System for Tracking Council / Constituent Requests ($10,000) b. Consultant Services to Administer 360 Evaluations and Executive Coaching ($92,000)
c. Replacement of Monument Gateway Signed on Jackson/Silva – Transfer to Capital Improvement Fund ($200,000)
d. Contract Services - Expand Litter Collection Services ($100,000) All Other Funds Expenses:

1. Debt Service payment fulfilled in FY 2024 for the 2013 Water Revenue Refunding Bond, which was set to mature in FY 2025. Debt Service payments were included in the Proposed FY 2024 Operating Budget, but have been removed – Decrease of $549,711

2. Administrative correction in Special Revenue Funds to reflect appropriate transfer amounts to the Workers Compensation Fund – Net Increase of $18,075 Table 2 – Citywide Revenue Projections
There are no changes to the General Fund revenue projections from the proposed budget.

Proposed changes to revenue projections for All Other Funds are as follows:
in 1,000's
FY 2023
Adopted
FY 2024
Proposed
4/28/2023
FY 2024
Proposed
6/6/2023
Change
from
4/28/2023
$ Change
from
FY 2023
% Change
from
FY 2023
General Fund $ 194,688 $ 204,569 $ 204,978 $ 409 $ 10,290 5.3% All Other Funds $ 206,617 $ 197,315 $ 196,783 $ (532) $ (9,834) -4.8% Total City Budget $ 401,305 $ 401,885 $ 401,761 $ (123) $ 456 0.1% in 1,000's
FY 2023
Adopted
FY 2024 Proposed
4/28/2023
FY 2024
Proposed
6/6/2023
Change
from
4/28/2023
$ Change
from
FY 2023
% Change
from
FY 2023
General Fund $ 199,141 $ 199,883 $ 199,883 $ - $ 742 0.4% All Other Funds $ 197,135 $ 190,532 $ 190,526 $ (6) $ (6,609) -3.4% Total City Budget $ 396,276 $ 390,415 $ 390,409 $ (6) $ (5,867) -1.5%

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All Other Funds Revenues:

1. Updated projections in the Water Fund and Stormwater Fund resulted in a net decrease of $6,000
Table 3 - Citywide Staffing
On April 28, 2023, Council received the Proposed FY 2024 Operating Budget, which summarized proposed position changes. Table 4 is the summary of proposed position changes presented on April 28, 2023. The FY 2024 proposed budget includes an increase of 21.5 FTE over FY 2023 Adopted. There are no changes to the proposed FY 2024 Citywide staff as presented to Council on April 28, 2023.

FY 2023
Adopted
FY 2024
Proposed
4/28/2032
FY 2024
Proposed
6/6/2023
#
Change from
FY 2023
% Change
from
FY 2023
General Fund 678.17 686.05 686.05 7.88 1.2%
All Other Funds 238.13 251.75 251.75 13.62 5.7%
Total City Budget 916.30 937.80 937.80 21.50 2.3%

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Table 4 – FY 2024 Proposed Staffing Changes
Fund Position FTE
General Fund
Add Community Program Specialist 1.00
Delete Senior Secretary -1.00
Add Building Inspector 1.00
Reallocated Deputy Director of Development Svcs -1.00
Add Director of Development Svcs 1.00
Add Landscape Architect 1.00
Delete Management Analyst -1.00
Add Deputy Director of Library Svcs 1.00
Delete Supervising Librarian -1.00
Add Deputy Director of Maintenance Svcs 1.00
Add Police Captain 1.00
Delete Operations & Support Manager -1.00
Delete Property & Evidence Administrator -1.00
Add Property & Evidence Supervisor 1.00
Add Records & Property Administrator 1.00
Delete Records Administrator -1.00
Add Wellness Specialist 1.00
Add Principal Transportation Engineer 1.00
Add Senior Civil Engineer 1.00
Add Senior Transportation Planner 1.00
Add Traffic Signal Technician 1.00
Reallocation 0.88
General Fund Total 7.88
Measure C Fund
Add Groundskeeper 1.00
Add Tree Trimmer 1.00
Add Communication Operators 6.00
Measure C Fund Total 8.00
Special Revenue Funds
Add Management Analyst 1.00
Reallocated Deputy Director of Development Svcs 1.00
Add Lead Library Assistant 0.50
Add Librarian II 1.00
Add Program Assistant 1.00
Reallocation -1.88
Special Revenue Funds Total 2.62
Internal Service Funds
Delete Administrative Secretary -1.00
Add Management Analyst 1.00
Internal Funds Total 0.00
Enterprise Funds
Add Principal Utilities Engineer 1.00
Add Senior Development Review Specialist 1.00
Add Water Resources Planner 1.00
Enterprise Funds Total 3.00
ALL FUNDS TOTAL 21.50

Page 6 of 7 ends

Capital Improvement Program (CIP) FY 2024 – FY 2033
The FY 2024 CIP appropriations total approximately $115.6 million, and a projected total programming of $905 million for the period of FY 2024 through FY 2033. Detail of the FY 2024 CIP is included as Attachment VI.

Per Council’s direction from the Strategic Roadmap discussion on May 23, 2023, an adjustment of an additional $200,000 budget was added to Jackson Corridor Median Improvement Project No. 07488, in Capital Projects (Governmental) Fund 405, for the replacement of the monument gateway sign on Jackson Street and Silva Avenue.

FISCAL IMPACT
Table 5 below summarizes the FY 2024 Citywide Operating & CIP expenditure budgets.

Table 5 – Summary of Citywide Operating & CIP Budgets

PUBLIC CONTACT
The Proposed FY 2024 Operating Budget was reviewed and discussed in public meetings by Council on May 13, 2023, and May 16, 2023. The FY 2024 Operating Budget was discussed at the monthly Council Budget and Finance Committee meetings starting in January 2023 through April 2023. A public notice was published in The Daily Review on May 26 and June 2 announcing the date, time, location, and subject matter of this public hearing. A notice City of Hayward Budget FY 2024
City Funds
General Fund 204,978,128
Measure C Fund 22,953,218
ARPA Fund 3,031,000
Special Revenue Funds 9,674,409
Debt Service Funds 9,056,799
Enterprise Funds 106,345,093
Internal Service Funds 41,114,180
397,152,826
Agency Funds
Hayward Successor Redevelopment Agency Operating Fund 4,417,893 Housing Authority Fund 178,879
Hayward Shoreline JPA 12,000
4,608,773
Total City Operating Budget 401,761,600
Total CIP Budget 115,589,655

Page 7 of 7 ends

advising residents about the Planning Commission’s public hearing on the CIP was published in The Daily Review newspaper more than the requisite ten days in advance.

The Proposed FY 2024 Operating Budget is currently available to the public by contacting the City Clerk’s Office at [email protected] or (510) 583-4400, and on the City’s website at: https://hayward-ca.gov/your-government/documents/budget-documents The FY 2024 Capital Improvement Program Budget is currently available to the public by contacting the City Clerk’s Office at [email protected] or (510) 583-4400, and on the City’s website at: https://www.hayward-ca.gov/your-government/documents/capitalimprovement-program

NEXT STEPS
If Council adopts the FY 2024 Operating Budget and Capital Improvement Program Budget this evening, staff will take the appropriate steps to effectuate the adoption.

Prepared by: Nicole Gonzales, Director of Finance
Nicholas Mullins, Management Analyst II
Recommended by: Nicole Gonzales, Director of Finance
Approved by:
____________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 23-___
Introduced by Council Member__________

RESOLUTION APPROVING THE OPERATING BUDGET OF THE CITY OF HAYWARD FOR FISCAL YEAR 2024; ADOPTING APPROPRIATIONS
FOR FISCAL YEAR 2024, EXCEPT FOR GENERAL FUND COMMUNITY

AGENCY FUNDING
WHEREAS, the City Manager has submitted to the City Council of the City of Hayward estimates of revenues from all sources and estimates of expenditures required for the proper conduct of the activities of the City of Hayward for fiscal year 2024 contained in those documents entitled "City of Hayward Proposed FY 2024 Operating Budget," with adjustments to the Proposed Budget as discussed at the June 6, 2023, Council Public Hearing and contained herein; and
WHEREAS, a Council Work Session and a public hearing were held by the City Council of the City of Hayward, at which time all interested persons were afforded an opportunity to be heard on matters pertaining to the budget recommended by the City Manager.

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

1. That the budget presented by the City Manager in the document entitled "City of Hayward Proposed FY 2024 Operating Budget," with adjustments to the proposed budget as outlined in the June 6, 2023, staff report is hereby approved and adopted as the budget of the City of Hayward for FY 2024, with specific exception of General Fund Community Agency funding, which is separately addressed in Resolution No. 23-XXX.

Copies of the budget documents and the staff reports presented by the City Manager are on file in the office of the City Clerk and are hereby referred to, incorporated herein, and made a part of this resolution as though set forth in full.

2. That except as may be otherwise provided, any and all expenditures relating to the objectives described in the budget are hereby approved and authorized and payments therefore may be made by the Director of Finance of the City of Hayward without further action of Council.

3. That for the purposes of determining whether the City Manager is authorized to execute a contract for a commodity or service pursuant to City Charter section 701 subsection 8, the City Manager shall have the authority to expend such funds and enter into and execute any and all contracts and documents necessary to carry out the priorities and service delivery outcomes of the Council's appropriations as set forth in this budget.

ATTACHMENT II

Page 2 ends

4. The City Manager shall have the authority to bind and prepay all coverage and to negotiate and execute all documents necessary to obtain the insurance, third party administration services, loss fund stabilization and defense of claims budgeted for in the Liability Insurance Fund. In consultation with the City Attorney, the City Manager and/or City Attorney shall be authorized to represent the City on the board of the Exclusive Risk Management Authority of California and take any and all actions necessary or appropriate to advance the City’s interests in connection with risk management services and procuring of insurance coverage.

5. The Director of Finance is hereby authorized to transfer the amounts from one fund to another as indicated in Exhibit A at such time as he/she may determine, giving consideration to the intended purposes for which the transfers are made and available balances in each of the funds.

6. The amounts as reflected in Exhibit B are hereby appropriated for expenditure.

7. Any monies received during FY 2024 as a consequence of a grant application approved by the City Council are hereby appropriated for the purposes for which the grant has been approved. Such appropriation includes authorization for the City Manager to expend such monies and for the Director of Finance to make payments therefore in accordance with the terms and conditions and for the purposes of the grant.

8. The Director of Finance is directed to comply with GASB 31 (Unrealized investment gains and losses) and is authorized to make such entries as are required to the City’s financial records. In addition, the Director of Finance is authorized to make such changes to the budget as are required by GASB 31.

9. There are hereby appropriated the following amounts to the General Fund Reserve and Designation of Fund Balances, which the Director of Finance shall enter upon the records and reflect in the financial statement of the City:

In addition to the above-specified amounts, the balances in each fund that are not otherwise appropriated are hereby appropriated to Contingency Reserves in those funds.

Expenditures from Reserves or Designated Fund Balances shall require the approval of the City Council.

General Fund - Fund Balance Designations FY 2024
Unassigned 44,239
Total Designated Fund Balance $ 44,239
Proposed Change in Fund Balance (5,095)
Total Reserves & Designated $ 39,144

ATTACHMENT II

Page 3 ends

10. The Director of Finance is hereby authorized and directed to distribute the above appropriations, transfers, and reserves to the various accounts of the City in accordance with generally accepted accounting principles and consistent with the purposes and objectives as outlined in the approved budget.

11. Any contract for professional services included in the annual budget that will cost more than $75,000 shall be executed by the City Manager only upon approval of the contract by the City Council given at a meeting of the City Council.

IN COUNCIL, HAYWARD, CALIFORNIA June 6, 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
FY 2024 Fund Transfers To/From ATTACHMENT III

EXHIBIT A
General Fund Transfers In
100-00-0000-00000-49100 217 Cost Allocation From Paratransit Measure B Fund (39,319) 100-00-0000-00000-49100 231 Cost Allocation From Used Oil Fund (930) 100-00-0000-00000-49100 232 Cost Allocation From Measure D Fund (37,327) 100-00-0000-00000-49100 245 Cost Allocation From Housing Authority Fund (3,897) 100-00-0000-00000-49100 246 Cost Allocation From Affordable Housing Fund (13,474) 100-00-0000-00000-49100 605 Cost Allocation From Water Enterprise Fund (1,207,770) 100-00-0000-00000-49100 606 Cost Allocation From Water Inter-tie Fund (21,329) 100-00-0000-00000-49100 610 Cost Allocation From Sewer Enterprise Fund (823,783) 100-00-0000-00000-49100 615 Cost Allocation From Stormwater Enterprise Fund (125,049) 100-00-0000-00000-49100 620 Cost Allocation From Airport Enterprise Fund (185,168) 100-00-0000-00000-49530 230 One-Time Transfer Waste Mangement Franchise Fees (Prior Years) (219,005) 100-00-0000-00000-49530 815 Transfer From Successor RDA Fund D/S Repayment (800,000) 100-00-0000-00000-49535 210 Transfer From Gas Tax Fund (242,000) 100-00-0000-00000-49545 810 Misc. Transfer From CFD #1 for Trustee Costs (8,000) 100-00-0000-00000-49545 810 Misc. Transfer From CFD #2 for Police Services (290,000) 100-00-0000-00000-49545 810 Misc. Transfer From CFD #3 for Police & Fire Services (175,000) Transfers In Total (4,192,051)
General Fund Transfers Out
100-00-0000-00000-98100 102 Transfer to Economic Development Fund 350,000 100-00-0000-00000-98100 720 OPEB Contribution 2,606,622 100-00-0000-00000-98100 860 Transfer to Cannabis Community Fund 63,552 100-00-0000-00000-98110 300 D/S City Hall Debt Service 1,978,939 100-00-0000-00000-98110 300 Transfer D/S Fire Station #7 452,854 100-00-0000-00000-98110 300 Miscellaneous Transfer To Debt Service Fund 4,900 100-00-0000-00000-98110 300 D/S 15 Streetlight Conversion #05188 138,131 100-00-0000-00000-98110 605 Fire Station #7 Repayment to Water Fund 137,741 100-00-0000-00000-98115 405 Transfer To Capital Projects 1,400,000 100-00-0000-00000-98115 460 Capital Transfer To Transportation Sys Improvement Fund 500,000 100-00-0000-00000-98115 731 Supplemental To Technology Replacement Fund 300,000 100-00-0000-00000-98115 726 Supplemental To Facilities Management Capital Fund 360,000 100-00-0000-00000-98200 710 Liability Insurance Allocation 5,452,440 Transfers Out Total 13,745,179
Measure C Fund
101-00-0000-00000-98110 301 D/S New Library & Education Center 5,407,938 101-00-0000-00000-98110 301 D/S New Library & Education Center Admin Fees 3,500 101-00-0000-00000-98115 406 CIP Transfer 11,000,000
101-00-0000-00000-98200 710 Transfer Out to Liability Insurance 129,629 101-00-0000-00000-98100 720 OPEB Contribution 84,214
Measure C Fund 16,625,281
Economic Development Fund
102-00-0000-00000-49530 100 Transfer In From General Fund (350,000) Economic Development Fund (350,000)
OHHA Fund
209-00-0000-00000-98115 210 Transfer to Gas Tax Fund 181,496 OHHA Fund 181,496
Paratransit Fund (Measure BB)
214-00-0000-00000-98115 219 Transfer Out to Paratransit Capital Fund 750,000 Paratransit (Measure BB) Fund 750,000
Paratransit Fund (Measure B)
217-00-0000-00000-97100 100 Transfer Out Cost Allocation To General Fund 39,319

Page 1 ends

FY 2024 Fund Transfers To/From ATTACHMENT III

EXHIBIT A
217-00-0000-00000-98200 710 Transfer Out To Liability Insurance 22,544 217-00-0000-00000-98100 720 OPEB Contribution 11,786
Paratransit (Measure B) Fund 73,649
Grant Fund
220-00-0000-00000-98100 720 OPEB Contribution 3,695
220-00-0000-00000-98200 710 Transfer Out To Liability Insurance 5,636 Grant Fund 9,331
CDBG Fund
225-00-0000-00000-98200 710 Transfer Out To Liability Insurance 5,636 225-00-0000-00000-98100 720 OPEB Contribution 11,086
CDBG Fund 11,086
State Grants Funds
230-00-0000-00000-98115 450 Transfer for 2016 Waste Management Street Impact Fee 151,440 230-00-0000-00000-98100 100 One-Time Transfer Waste Mangement Franchise Fees (Prior Years) 219,005 230-00-0000-00000-98100 232 Transfer out for Solid Waste Manager's staff time reimbursement 83,069 453,514
Used Oil Fund
231-00-0000-00000-97100 100 Transfer Out Cost Allocation to General Fund 930 Used Oil Fund 930
Measure D Fund
232-00-0000-00000-49530 230 Transfer in for Solid Waste Manager's staff time reimbursement (83,069) 232-00-0000-00000-97100 100 Transfer Out Cost Allocation to General Fund 37,327 232-00-0000-00000-98200 710 Transfer Out Liability Insurance 16,908 232-00-0000-0000-98100 720 OPEB Contribution 10,502
Measure D Fund (18,332)
Housing Authority Fund
245-00-0000-00000-97100 100 Transfer Out Cost Allocation To General Fund 3,897 245-00-0000-00000-98200 710 Transfer Out Liability Insurance 5,636 245-00-0000-0000-98100 720 OPEB Contribution 3,890
Housing Authority Fund 13,423
Affordable Housing Fund
246-00-0000-00000-97100 100 Transfer Out Cost Allocation To General Fund 13,474 246-00-0000-00000-98200 710 Transfer Out To Liability Insurance 5,636 246-00-0000-0000-98100 720 OPEB Contribution 4,668
Affordable Housing Fund 23,778
Inclusionary Housing Fund
285-00-0000-00000-98100 720 OPEB Contribution 6,418
Inclusionary Housing Fund 6,418
Rent Review Program Fund
286-00-0000-00000-98200 710 Transfer Out To Liability Insurance 11,272 286-00-0000-00000-98100 720 OPEB Contribution 13,109
Rent Review Program Fund 24,381
Certificates of Participation Fund
300-00-0000-00000-49555 100 Transfer In D/S City Hall Debt Service (1,978,174) 300-00-0000-00000-49555 100 Transfer In D/S Fire Station #7 (452,854) 300-00-0000-00000-49555 100 Transfer In D/S 15 Streetlight Conversion #05188 (276,262) 300-00-0000-00000-49555 100 Transfer In Misc. Transfer From General Fund (4,900) Certificates of Participation Fund (2,712,190)

Page 2 ends

FY 2024 Fund Transfers To/From ATTACHMENT III

EXHIBIT A
Measure C Debt Service Fund
301-00-0000-00000-49555 101 D/S New Library & Education Center (5,415,313) 301-00-0000-00000-49555 101 D/S New Library & Education Center Admin Fees (3,500) Measure C Debt Service Fund (5,418,813)
Water Maintenance & Operations Fund
605-00-0000-00000-49555 100 Transfer In From General Fund Fire Station #7 Repayment (137,741) 605-00-0000-00000-97100 100 Transfer Out Cost Allocation To General Fund 1,207,770 605-00-0000-00000-98200 710 Transfer Out To Liability Insurance 508,093 605-00-0000-00000-98100 630 Transfer Out to Recycled Water Fund 600,000 605-00-0000-00000-98100 720 OPEB Contribution 245,484
605-00-0000-00000-98115 603 Transfer Out Capital Reserves To Water 7,000,000 Water Maintenance & Operations Fund 9,423,606
Water Inter-Tie Fund
606-00-0000-00000-97100 100 Transfer Out Cost Allocation To General Fund 21,329 Water Inter-Tie Fund 21,329
Sewer Maintenance & Operations Fund
610-00-0000-00000-49555 612 Transfer In D/S CEC Loan (217,810) 610-00-0000-00000-49555 612 Transfer In D/S CA SWRCB Loan/Sewer (1,529,504) 610-00-0000-00000-97100 100 Transfer Out Cost Allocation to General Fund 823,783 610-00-0000-00000-98115 611 Transfer Out Capital Reserves to Sewer Replacement 6,500,000 610-00-0000-00000-98100 720 OPEB Contribution 255,053
610-00-0000-00000-98200 710 Transfer Out To Liability Insurance 623,263 Sewer Maintenance & Operations Fund 6,454,785
Stormwater Maint. & Operations Fund
615-00-0000-00000-97100 100 Transfer Out Cost Allocation To General Fund 125,049 615-00-0000-00000-98100 720 OPEB Contribution 67,916
615-00-0000-00000-98115 210 Transfer Out Gas Tax 15,000 615-00-0000-00000-98200 710 Transfer Out To Liability Insurance 61,998 Stormwater Maint. & Operations Fund 269,963
Airport Operations Fund
620-00-0000-00000-97100 100 Transfer Out Cost Allocation To General Fund 185,168 620-00-0000-00000-98200 710 Transfer Out To Liability Insurance 97,813 620-00-0000-00000-98100 720 OPEB Contribution 49,400
620-00-0000-00000-98115 621 Transfer Out Cap Reserves To Airport Capital 2,300,000 Airport Operations Fund 2,632,381
Recycled Water Fund
630-00-0000-00000-49530 605 Transfer In from Water Operating Fund (600,000) 630-00-0000-00000-98115 611 Transfer Out to Sewer Replacement 200,000 630-00-0000-00000-98100 720 OPEB Contribution 2,139
Recycled Water Fund (397,861)
Workers' Compensation Fund
705-00-0000-00000-98100 720 OPEB Contribution 18,671
705-00-0000-00000-98200 710 Transfer Out To Liability Insurance 28,180 Workers' Compensation Fund 46,851
Risk Management Fund
710-00-0000-00000-49100 100 Transfer In Liability Insurance-General Fund (5,452,440) 710-00-0000-00000-49100 101 Transfer In Liability Insurance-Measure C Fund (129,629) 710-00-0000-00000-49100 217 Transfer In Liability Insurance-Meas BB PRTRNST (22,544) 710-00-0000-00000-49100 220 Transfer In Liability Insurance-Grants (5,636) 710-00-0000-00000-49100 225 Transfer In Liability Insurance-CDBG (5,636) 710-00-0000-00000-49100 232 Transfer In Liability Insurance-Recycling Program Fund (16,908) 710-00-0000-00000-49100 245 Transfer In Liability Insurance-Housing Fund (5,636) 710-00-0000-00000-49100 246 Transfer In Liability Insurance-Housing Mortg (5,636)

Page 3 ends

FY 2024 Fund Transfers To/From ATTACHMENT III

EXHIBIT A
710-00-0000-00000-49100 286 Transfer In Liability Insurance-Rent Review Program Fund (11,272) 710-00-0000-00000-49100 605 Transfer In Liability Insurance-Water Fund (508,093) 710-00-0000-00000-49100 610 Transfer In Liability Insurance-Wastewater Fund (623,263) 710-00-0000-00000-49100 615 Transfer In Liability Insurance-Stormwater Fund (61,998) 710-00-0000-00000-49100 620 Transfer In Liability Insurance-Airport Fund (97,813) 710-00-0000-00000-49100 705 Transfer In Liability Insurance-Workers Comp (28,180) 710-00-0000-00000-49100 725 Transfer In Liability Insurance-Facilities Fund (69,397) 710-00-0000-00000-49100 730 Transfer In Liability Insurance-IT Fund (133,507) 710-00-0000-00000-49100 735 Transfer In Liability Insurance-Fleet Fund (102,634) 710-00-0000-00000-49100 815 Transfer In Liability Insurance-Successor RDA Fund (39,097) 710-00-0000-00000-98100 720 OPEB Contribution 15,559
Risk Management Fund (7,303,760)
Retiree Medical Fund
720-00-0000-00000-49530 100 OPEB Tranfer In General Fund (2,606,622) 720-00-0000-00000-49530 101 OPEB Tranfer In Measure C Fund (84,214) 720-00-0000-00000-49530 217 OPEB Tranfer In Meas BB PRTRNS (11,786) 720-00-0000-00000-49530 220 OPEB Tranfer In Grants Fund (3,695) 720-00-0000-00000-49530 225 OPEB Tranfer In CDBG Fund (11,086) 720-00-0000-00000-49530 232 OPEB Tranfer In Recycle Fund (10,502) 720-00-0000-00000-49530 245 OPEB Tranfer In Housing Fund (3,890) 720-00-0000-00000-49530 246 OPEB Tranfer In Housing Mrtg Fund (4,668) 720-00-0000-00000-49530 285 OPEB Tranfer In Inclusionary Fund (6,418) 720-00-0000-00000-49530 286 OPEB Tranfer In Rent Review Program Fund (13,109) 720-00-0000-00000-49530 605 OPEB Tranfer In Water Fund (245,484) 720-00-0000-00000-49530 610 OPEB Tranfer In Wastewater Fund (255,053) 720-00-0000-00000-49530 615 OPEB Tranfer In Stormwater Fund (67,916) 720-00-0000-00000-49530 620 OPEB Tranfer In Airport Fund (49,400) 720-00-0000-00000-49530 630 OPEB Tranfer In Recycled Water Fund (2,139) 720-00-0000-00000-49530 705 OPEB Tranfer In Workers Comp Fund (18,671) 720-00-0000-00000-49530 710 OPEB Tranfer In Liability Fund (15,559) 720-00-0000-00000-49530 725 OPEB Tranfer In Facilities Fund (31,118) 720-00-0000-00000-49530 730 OPEB Tranfer In IT Fund (87,520) 720-00-0000-00000-49530 735 OPEB Tranfer In Fleet fund (30,301) 720-00-0000-00000-49530 815 OPEB Tranfer In Successor RDA Fund (5,057) Retiree Medical Fund (3,564,208)
Facilities Management Fund
725-00-0000-00000-98200 710 Transfer Out To Liability Insurance 69,397 725-00-0000-00000-98100 720 OPEB Contribution 31,118
Facilities Management Fund 100,515
Information Technology Fund
730-00-0000-00000-98115 731 Transfer Out To IT Replacement Fund 810,000 730-00-0000-00000-98100 720 OPEB Contribution 87,520
730-00-0000-00000-98200 710 Transfer Out To Liability Insurance 133,507 Information Technology Fund 1,031,027
Fleet Management Fund
735-00-0000-00000-98100 720 OPEB Contribution 30,301
735-00-0000-00000-98200 710 Transfer Out To Liability Insurance 102,634 Fleet Management Fund 132,935
Comm. Facility District Fund
810-00-0000-00000-98100 100 Transfer Out To General Fund for Trust Expenses CFD #1 8,000 810-00-0000-00000-98100 100 Transfer Out To General Fund for Police Services CFD #2 290,000 810-00-0000-00000-98100 100 Transfer Out To General Fund for Police&Fire Svcs CFD #3 175,000 Comm. Facility District Fund 473,000

Page 4 ends

FY 2024 Fund Transfers To/From ATTACHMENT III

EXHIBIT A
Successor Agency-RDA of COH
815-00-0000-00000-98100 100 Transfer Out To General Fund D/S Loan Repayment 800,000 815-00-0000-00000-98100 720 OPEB Contribution 5,057
815-00-0000-00000-98200 710 Transfer Out To Liability Insurance 39,097 Successor Agency-RDA of COH 844,154
Cannabis Community Fund
860-00-0000-00000-49530 100 Transfer In from General Fund (63,552) Cannabis Community Fund (63,552)

Page 5 ends

FY 2024 BUDGET APPROPRIATIONS ATTACHMENT III

EXHIBIT B
General Fund
100 204,978,128
Measure C Fund
101 22,953,218
Special Revenue Funds
102 Economic Development Fund 350,000
103 American Rescue Plan Act (ARPA) Fund 3,031,000
214 Paratransit Fund - Measure BB 1,515,000
217 Paratransit Fund - Measure B 1,488,676
220 Grants Fund 933,809
225 Community Development Block Grant Fund 1,908,359
230 Recycling Fund 580,878
231 Used Oil Fund 25,315
232 Recycling/Measure D Fund 782,635
245 Housing Authority 178,879
246 Affordable Housing Fund 97,162
285 Inclusionary Housing 468,545
286 Rent Review Program Fund 929,941
288 Local Housing Trust Program Fund 27,869
295 So. Hayward B.A.R.T. JPA 566,220
Special Revenue Fund Total 12,884,288
Enterprise Funds
605 Water 65,749,036
606 Regional Intertie -
610 Wastewater 30,616,121
615 Stormwater 3,369,938
620 Airport 5,476,477
630 Recycled Water 1,133,520
Enterprise Fund Total 106,345,093
Debt Service/Non-Departmental Funds
300 Certificate of Participation 2,574,824
301 Measure C Debt Service 5,411,738
805/810 Special Assessment District 1,070,237
Debt Service Fund Total 9,056,799
Internal Service Funds
705 Worker's Compensation 6,848,822
710 Risk Management 7,349,965
720 Employee Benefits 7,447,061
725 Facilities 5,015,823
730 Information Technology 10,055,937
735 Fleet 4,396,573
Internal Service Fund Total 41,114,180
Fiduciary Funds
815 Hayward Redevelopment Successor Agency (HRSA) 4,417,893 851 Hayward Shoreline JPA 12,000
Fiducary Fund Total 4,429,893

Page 6 ends

ATTACHMENT IV

Page 1 ends

REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF HAYWARD
RESOLUTION NO. RSA 23-
Introduced by Agency Member

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD, ACTING

AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE

REDEVELOPMENT AGENCY OF THE CITY OF HAYWARD, APPROVING THE

BUDGET OF THE REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF HAYWARD AND ADOPTING APPROPRIATIONS FOR FISCAL YEAR 2024 WHEREAS, the City Manager has submitted to the Successor Agency of the Redevelopment Agency (the “Redevelopment Successor Agency”) of the City of Hayward estimates of revenue from all sources and estimates of expenditures required for the proper conduct of the activities of the Redevelopment Successor Agency of the City of Hayward for fiscal year 2024; and
WHEREAS, a public hearing was held by the Redevelopment Successor Agency of the City of Hayward, at which time all interested persons were afforded an opportunity to be heard on matters pertaining to the recommended budget.

NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Successor Agency of the City of Hayward that:

1. The budget presented by the Executive Director is hereby approved and adopted as the budget of the Redevelopment Successor Agency of the City of Hayward for FY 2024.

2. Any and all expenditures relating to the objectives described in the budget are hereby approved and authorized and payments therefore may be made by the Finance Director of the City of Hayward.

3. The Director of Finance is directed to comply with GASB 31 (Unrealized investment gains and losses) and is authorized to make such entries as are required to the Redevelopment Successor Agency’s financial records. In addition, the Director of Finance is authorized to make such changes to the budget as are required by GASB 31.

4. The following amounts are hereby estimated resources and appropriated expenditures:

ATTACHMENT IV

Page 2 ends

5. Except as limited in paragraph 6 of this resolution, the Executive Director is authorized without further action from the Board to enter into a contract or agreement for any commodity or service included in the annual budget of the Redevelopment Successor Agency.

6. For the purposes of determining whether the Executive Director has the authority to execute a contract for a commodity or service pursuant to section 4 above, the Executive Director shall have the authority to expend such funds and enter into and execute any and all contracts and documents necessary to carry out the objectives of the Redevelopment Successor Agency's appropriations as set forth in this budget.

7. Any contract for professional services included in the annual budget that will cost more than $75,000 shall be executed by the Executive Director only upon approval of the contract by the Redevelopment Successor Agency Board given at a meeting of the Redevelopment Successor Agency and upon final approval by the Oversight Board and Department of Finance.

ATTACHMENT IV

Page 3 ends

IN HAYWARD, CALIFORNIA , 2023.

ADOPTED BY THE FOLLOWING VOTE:

AYES: BOARD MEMBERS:

CHAIR:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ATTEST: ______________________________________________________________ Secretary of the Redevelopment Successor Agency of
the City of Hayward
APPROVED AS TO FORM:
__________________________________________________________ General Counsel of the Redevelopment Successor
Agency of the City of Hayward

ATTACHMENT V

Page 1 ends

HOUSING AUTHORITY OF THE CITY OF HAYWARD
RESOLUTION NO. HHA 23-
Introduced by Board Member____________

RESOLUTION CONFIRMING THE PROPOSED HAYWARD HOUSING
AUTHORITY BUDGET FOR FISCAL YEAR 2023
WHEREAS, the Executive Director has submitted to the Hayward Housing Authority Board of Directors estimates of revenues from all sources and estimates of expenditures required for the proper conduct of the activities of the Hayward Housing Authority for fiscal year 2024 contained in those documents entitled “Proposed FY 2024 Operating Budget;” and
WHEREAS, a public hearing was held by the Housing Authority Board of Directors, on June 6, 2023, at which time all interested persons were afforded an opportunity to be heard on matters pertaining to the budget recommended by the Executive Director; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Hayward Housing Authority as follows:

1. That the budget for FY 2024 presented by the Executive Director in the document entitled Proposed FY 2024 Operating Budget is hereby accepted and confirmed as the budget of the Hayward Housing Authority for FY 2024. Copies of the budget documents and the staff reports presented by the Executive Director are on file in the office of the City Clerk and are hereby referred to, incorporated herein, and made a part of this resolution as though set forth in full.

2. The Director of Finance is directed to comply with GASB 31 (Unrealized investment gains and losses) and is authorized to make such entries as are required to the Housing Authority’s financial records. In addition, the Director of Finance is authorized to make such changes to the budget as are required by GASB 31.

3. Except as limited in paragraph 5 of this resolution, the Executive Director is authorized without further action from the Board to enter into a contract or agreement for any commodity or service included in the annual budget of the Housing Authority.

4. For the purposes of determining whether the Executive Director has the authority to execute a contract for a commodity or service pursuant to section 3 above, the Executive Director shall have the authority to expend such funds and enter into and execute any and all contracts and documents necessary to carry out the objectives of the Housing Authority’s appropriations as set forth in this budget.

ATTACHMENT V

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5. Any contract for professional services included in the annual budget that will cost more than $75,000 shall be executed by the Executive Director only upon approval of the contract by the Housing Authority Board given at a meeting of the Housing Authority.

IN HAYWARD, CALIFORNIA, ______________________, 2023.

ADOPTED BY THE FOLLOWING VOTE:

AYES: BOARD MEMBERS:

CHAIR:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ATTEST: _________________________________ ___________
Secretary of the Housing Authority
of the City of Hayward
APPROVED AS TO FORM:
________________________________________________
General Counsel of the Housing Authority
of the City of Hayward

ATTACHMENT VI

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23-_____
Introduced by Council Member _______________

RESOLUTION APPROVING CAPITAL IMPROVEMENT PROJECTS FOR
FISCAL YEAR 2024
WHEREAS, the City Manager has submitted to the City Council of the City of Hayward estimates of revenues from all sources and estimates of expenditures required for the proper conduct of the activities of the City of Hayward for Fiscal Year 2024 contained in the document entitled “Recommended Capital Improvement Program FY 2024-33”; and
WHEREAS, a public hearing was held by the City Council of the City of Hayward, at which time all interested persons were afforded an opportunity to be heard on matters pertaining to the Capital Improvement Program budget recommended by the City Manager; and
WHEREAS, by Resolution No. 23-xxx, dated June 6, 2023, the City Council adopted the budget and appropriated funds for operating expenses for Fiscal Year 2024.

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

1. That the Capital Improvement Projects for Fiscal Year 2024, as embodied in Recommended Capital Improvement Program FY 2024-33, are hereby adopted as the Capital Improvement Program for Fiscal Year 2024. Copies of the budget documents and the staff reports presented by the City Manager are on file in the office of the City Clerk and are hereby referred to, incorporated herein, and made a part of this resolution as though set forth in full.

2. That, except as may be otherwise provided, any and all expenditures relating to the objectives described in the Capital Improvement Program budget are hereby approved and authorized and payments therefore may be made by the Director of Finance without further action of Council.

3. That, for the purposes of determining whether the City Manager is authorized to execute a contract for a commodity or service pursuant to City Charter section 701 subsection 8, the City Manager shall have the authority to expend such funds and enter into and execute any and all contracts and documents necessary to carry out the objectives of the Council's appropriations as set forth in this Capital Improvement Program budget.

ATTACHMENT VI

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4. The following are hereby approved for expenditure:

I. CAPITAL PROJECTS EXPENDITURE APPROPRIATIONS
Fund Amount
Gas Tax Fund (210) $4,192,000
SB1 (211) 4,000,000
Measure BB Tax Fund (Local Transportation) (212) 6,455,000 Measure BB Tax Fund (Pedestrian & Bicycle) (213) 2,019,000 Measure B Tax Fund (Local Transportation) (215) 226,000 Measure B Tax Fund (Pedestrian & Bicycle) (216) 15,000
Vehicle Registration Fee Fund (218) 900,000
Measure BB Tax Fund (Paratransit) (219) 750,000
Capital Projects (Governmental) Fund (405) 13,428,000
Measure C Capital Fund (406) 8,971,000
Route 238 Corridor Improvement Fund (410) 1,010,000
Route 238 Settlement Administration Fund (411) 771,000
Street System Improvements Fund (450) 5,356,000
Transportation System Improvements Fund (460) 615,000
Water Replacement Fund (603) 10,551,265
Water Improvement Fund (604) 9,902,000
Sewer Replacement Fund (611) 9,953,390
Sewer Improvement Fund (612) 19,318,000
Airport Capital Fund (621) 8,727,000
Facilities Capital Fund (726) 1,190,000
Information Technology Capital Fund (731) 1,440,000
Fleet Management Capital Fund (736) 5,270,000
Fleet Management Enterprise Fund (737) 530,000
TOTAL: ALL CAPITAL FUNDS $115,589,655

5. The Director of Finance is hereby authorized to transfer the following amounts from one fund to another as indicated below at such time as she may determine, giving consideration to the intended purposes for which the transfers are made and available balances in each of the funds.

ATTACHMENT VI

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II. FUND TRANSFERS

FROM FUND TO FUND AMOUNT
General (100) Capital Projects (Governmental) (405) $1,400,000 General (100) Transportation System Improvement (460) 500,000 General (100) Facilities Capital (726) 360,000
General (100) Information Technology Capital (731) 300,000 Measure C (101) Measure C Capital (406) 11,000,000
OHHA (209) Gas Tax (210) 181,496
Gas Tax (210) General (100) 242,000
Gas Tax (210) Street System Improvements (450) 750,000
Measure BB Paratransit Operations (214) Measure BB Paratransit Capital (219) 750,000 State Grants (230) Street System Improvements (450) 151,441 Water Operations (605) Water Replacement (603) 7,000,000 Sewer Operations (610) Sewer Replacement (611) 6,500,000 Sewer Replacement (611) Sewer Improvement (612) 270,000 Sewer Improvement (612) Water Improvement (604) 410,000 Sewer Improvement (612) Sewer Operations (610) 1,748,000 Stormwater Operating (615) Gas Tax (210) 15,000
Airport Operations (620) Airport Capital (621) 2,300,000 Recycled Water (630) Sewer Replacement (611) 200,000
Information Technology Operations (730) Information Technology Capital (731) 810,000 In order to provide for completion of work on projects previously authorized but not completed as of June 30, 2023, in addition to the above appropriations for capital expenditures, appropriation balances remaining as of June 30, 2023, for capital projects previously authorized but uncompleted, are hereby appropriated for expenditure in fiscal year 2024.

6. Any monies received during fiscal year 2024 as a consequence of a grant application approved by the City Council are hereby appropriated for the purposes for which the grant has been approved. Such appropriation includes authorization for the City Manager to expend such monies and for the Finance Director to make payments therefore in accordance with the terms and conditions and for the purposes of the grant.

7. The Director of Finance is hereby authorized and directed to distribute the above appropriations to the various accounts of the City in accordance with generally accepted accounting practices and consistent with the purposes and objectives as outlined in the approved budget.

8. The budget for capital projects for fiscal year 2024, as contained in the document entitled "Recommended Capital Improvement Program FY 2024-33,” is hereby approved.

ATTACHMENT VI

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9. Any contract for professional services included in the annual budget that will cost more than $75,000 shall be executed by the City Manager only upon approval of the contract by the City Council given at a meeting of the City Council.

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 VII

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

RESOLUTION APPROVING AND APPROPRIATING THE COMMUNITY
AGENCY FUNDING RECOMMENDATIONS FOR FISCAL YEAR 2024
WHEREAS, the City Council of the City of Hayward hereby approves and appropriates the Community Agency Funding recommendations for Fiscal Year 2024, as approved by City Council on April 25, 2023, and shown in Exhibit A, in a total amount not to exceed $1,270,533 which is incorporated by reference herein.

NOW, THEREFORE, BE IT RESOLVED that except as may be otherwise provided, any and all expenditures relating to the objectives described in the Community Agency budget are hereby approved and authorized and payments therefore may be made by the Director of Finance of the City of Hayward without further action of Council.

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
CATEGORY AGENCY PROJECT FY 2024

RECOMMENDATIONS
Economic Development Centro Community Partners Technical Assistance Programs and Services for Small Businesses and Underserved Entrepreneurs $ 50,000
Economic Development Downtown Streets Inc Hayward Downtown Streets Team $ 208,297 Infrastructure-Neighborhood
Facilities
Community Child Care Council (4-Cs) of
Alameda County Child Care Initiative Project $ 45,000
Infrastructure-Neighborhood
Facilities
First Presbyterian Church of Hayward dba
South Hayward Parish South Hayward Parish Critical Infrastructure Upgrade $ 123,500 Infrastructure-Neighborhood
Facilities
Habitat for Humanity East Bay/Silicon Valley,
Inc. Home Repair Program $ 175,000
Infrastructure-Neighborhood
Facilities Love Never Fails IT Biz $ 142,850
Infrastructure-Neighborhood
Facilities Love Never Fails I AM Launch House $ -
Infrastructure-Neighborhood
Facilities Rebuilding Together Oakland Rehabilitation and Repair $ 150,000 Infrastructure-Neighborhood
Facilities Ruby's Place Program Enhancement: Tiny Homes on Wheels $ 83,473 Infrastructure-Neighborhood
Facilities St. Rose Hospital Foundation Sub Acute Facility $ - $ 978,120
Information & Referral Love Never Fails Community Engagement Center $ - Housing and Homelessness A-1 Community Housing Services Housing Counseling $ 27,795 Housing and Homelessness Abode Services Alameda County Impact $ 41,090 Housing and Homelessness Centro Legal de la Raza Tenant Rights $ 85,069 Housing and Homelessness Eden Council for Hope and Opportunity Tenant/Landlord Services $ 15,000 Housing and Homelessness Ruby's Place Shelter and Children $ 45,141 Housing and Homelessness The Alliance for Community Wellness dba La Familia FESCO Les Marquis House - Emergency Shelter $ 53,318 Housing and Homelessness Eden Council for Hope and Opportunity Fair Housing Services** $ 25,000 $ 292,413
$ 1,270,533
**Non-competitive award

TOTAL CDBG PUBLIC SERVICES

TOTAL CDBG FUNDING RECOMMENDATIONS

COMMUNITY SERVICES COMMISSION
FY 2024 COMMUNITY AGENCY FUNDING RECOMMENDATIONS

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

CDBG - ECONOMIC DEVELOPMENT & INFRASTRUCTURE

TOTAL CDBG ECONOMIC DEVELOPMENT & INFRASTRUCTURE

CDBG - PUBLIC SERVICES

ATTACHMENT VIII
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 23-027
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2024

RECOMMENDATION
That Council adopts a resolution (Attachment II) establishing a Gann Appropriations Limit for Fiscal Year 2024.

SUMMARY
Each fiscal year, the City is required to calculate and establish its appropriations limit. The Gann Limit for FY 2024 is calculated at $401,094,902, and the appropriations subject to the limit total is $147,272,181.

The City is in compliance with the Gann Limit for FY 2024.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment II Gann Appropriation Limit
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT: Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2024

RECOMMENDATION
That Council adopts a resolution (Attachment II) establishing a Gann Appropriations Limit for Fiscal Year 2024.

BACKGROUND
State Proposition 4, commonly known as the Gann Initiative, was approved by California voters in November 1979. Proposition 4 created Article XIIIB of the State Constitution, which places limits on the amount of revenue that can be spent by government agencies. This is referred to as the Gann Appropriation Limit, or Gann Limit.

A subsequent related State Initiative, Proposition 111, was approved by the voters in June 1990 and provided new adjustment formulas to make the Gann Limit more responsive to local growth issues and to address concerns regarding the accountability of local governments in adopting their limits. Prior to each fiscal year, city councils must adopt by resolution the Gann Appropriation Limit for the city for the upcoming year. In addition, cities are required to conduct a review of their limits during annual financial audits.

The appropriations limitation imposed by Propositions 4 and 111 creates a restriction on the amount of revenue that can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year and is increased each year using population and inflation growth factors. Only revenues that are classified as "proceeds of taxes" are subject to the limit. The use of "non-tax proceeds" (user fees, rental income, franchise fees, Gas Tax revenue) is not restricted.

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DISCUSSION
During any fiscal year, a city may not appropriate any proceeds of taxes it receives in excess of its established limit. Excess funds received in any year may be carried into the subsequent year for use if the city is below its limit for that year. Any excess funds remaining after the second year would be required to be returned to local taxpayers by reducing tax rates or fees.

As an alternative, a majority of the voters may approve an "override" to increase the city's appropriations limit.

Senate Bill 1352 requires that the governing body of each local jurisdiction shall, by a legislative action, establish its appropriations limit at a regularly scheduled or special meeting and that the documentation used in the determination of the appropriations limit shall be made available to the public fifteen days before that meeting. Government Code Section 7910 requires that the city adopt its appropriations limit prior to the beginning of each fiscal year.

The Finance Department of the City of Hayward compiles the data and makes calculations incident to the determination of the XIIIB appropriations limit. The resolution establishes the appropriations limit FY 2024 to be $401,094,901.

STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to a specific Strategic Roadmap project.

FISCAL IMPACT
There are no present fiscal impacts related to establishing the limit for FY 2024. The amount of appropriations subject to the limit is the budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those transfers exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.), and the total of these budgeted revenues cannot exceed the total appropriations limit.

The City’s actual appropriations in each fiscal year have been significantly below the limit, as will be the case for FY 2024. The table below summarizes the limit for FY 2024 and the preceding five years.

Page 3 of 3 ends

PUBLIC CONTACT
The amount of the Fiscal Year 2024 appropriations limit and the documentation substantiating this determination are available for review by the public by contacting the Office of the City Clerk.

Prepared by: Nicholas Mullins, Management Analyst II
Recommended by: Nicole Gonzales, Director of Finance
Approved by:

Kelly McAdoo, City Manager
Appropriations
Limit
Appropriations Subject
to Limit
FY 2019 314,607,193 121,761,732
FY 2020 329,169,966 133,271,670
FY 2021 342,711,364 108,563,100
FY 2022 361,008,034 127,106,342
FY 2023 385,856,903 134,128,080
FY 2024 401,094,901 147,272,181

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23-
Introduced by Council Member __________
ADOPTION OF APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024 PURSUANT

TO ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA WHEREAS, on November 6, 1979, the citizens of the State of California approved Proposition 4, which added Article XIII B to the Constitution of the State of California to place various limitations on the fiscal powers of State and local government; and WHEREAS, Senate Bill 1352, Government Code Section 7900, et. seq. enacted by the California Legislature, provides for the implementation of Article XIII; and WHEREAS, the City is required to establish its appropriations limit at a regularly scheduled meeting or noticed special meeting, and 15 days prior to such meeting, the documentation used in the determination of the appropriations limit shall be made available to the public; and
WHEREAS, the Gann Limit for FY 2024 is calculated at $401,094,901, and the appropriations in FY 2024 subject to this limit total $147,272,181; and WHEREAS, the FY 2024 Gann Limit was calculated using the change in the cost of living based on the change in California per capita personal income, and the change in population based on the percentage change in population within Alameda County.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hayward that at its meeting of June 6, 2023, Council will adopt a Resolution that establishes the appropriations limit for the FY 2024 pursuant to Article XIII B of the Constitution of the State of California.

BE IT FURTHER RESOLVED that the documentation used in the determination of the appropriations limit for FY 2024 is available for public review by contacting the Office of the City Clerk of the City of Hayward.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA June 6, 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
Gann Appropriations
Limit
Gann Appropriation Limit
Fiscal Year
Population
Factor
Inflation
Factor
Total
Adjustment
Factor
Appropriations
Limit
%
Change
Appropriations
Subject to
Limit
% of Limit
Appropriated
2013 1.3900 3.7700 1.052 $238,086,253 5.2% $74,542,885 31.3% 2014 1.2500 5.1200 1.064 $253,404,723 6.4% $83,291,710 32.9% 2015 1.5000 -0.2300 1.267 $256,614,221 1.3% $87,400,385 34.1% 2016 1.3000 3.8200 5.170 $269,880,304 5.2% $103,998,849 38.5% 2017 1.0600 5.3700 6.487 $287,387,229 6.5% $107,969,124 37.6% 2018 0.9900 3.6900 4.717 $300,941,937 4.7% $108,609,975 36.1% 2019 0.8400 3.6700 4.541 $314,607,193 4.5% $121,761,732 38.7% 2020 0.7500 3.8500 4.629 $329,169,966 4.6% $133,271,670 40.5% 2021 0.3700 3.7300 4.114 $342,711,363 4.1% $108,563,100 31.7% 2022 -0.3700 5.7300 5.339 $361,008,034 5.3% $127,106,342 35.2% 2023 -0.6200 7.5500 6.883 $385,856,903 6.9% $134,128,080 34.8% 2024 -0.4700 4.4400 3.949 $401,094,901 3.9% $147,272,181 36.7% $75 $83 $87 $104 $108 $109 $122 $133 $109 $127 $134 $147 $238 $253 $257 $270 $287 $301 $315 $329 $343 $361 $386 $401
$0
$50
$100
$150
$200
$250
$300
$350
$400
$450
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Gann Appropriation Limit
($ in millions)
Appropriations Subject to Limit Appropriations Limit

ATTACHMENT III
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-022
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Public Works
Director of Development Services

SUBJECT
Reach Code Amendments: Introduction of Revised Electrification Reach Code Ordinance with Minor Modifications Required by California Building Standards Commission; and Finding that the Action is Exempt from CEQA

RECOMMENDATION
That Council adopts a resolution (Attachment II), introduces the revised Electrification Reach Code ordinance (Attachment III) to modify the California Green Building Standards Code and finds the action exempt from CEQA. The ordinance includes: 1) electrification requirements for new buildings and 2) amendments to the Off-Street Parking Regulations to add electric vehicle charging requirements.

SUMMARY
In November 2022, Council adopted a Reach Code ordinance to be effective on January 1, 2023. The purpose of the ordinance is to reduce the use of fossil fuels - both in buildings and in vehicles. The ordinance modifies the State building code to require:
· All new residential buildings, including mixed-use buildings, must be all electric. · All new non-residential buildings for which natural gas infrastructure is installed, must be “electric ready,” meaning they have the wiring, electrical capacity and space needed to be converted to an all-electric building in the future.
· All new buildings, and modifications to existing buildings resulting in new parking spaces, must have electric vehicle (EV) charging infrastructure above and beyond that required by the California Green Building Standards Code.

After adoption by the City Council, the Reach Code ordinance was submitted to the California Building Standards Commission (CBSC) for review and filing. After review, the CBSC has requested that the City provide a revised ordinance that lists the specific sections of the State Code that are modified by Hayward’s ordinance. Staff made the necessary revisions to the ordinance, which if adopted by Council, will be forwarded to the CBSC. Other than the formatting modifications requested by CSBC, this revision contains no substantive differences from the ordinance adopted by the City Council in November 2022.

CITY OF HAYWARD Page 1 of 2 Printed on 6/2/2023
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File #: LB 23-022
Council Sustainability Committee
This item was presented to the Council Sustainability Committee on October 6, 2022, and was recommended to be presented to Council for adoption.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Hayward Reach Code Ordinance
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Public Works
Director of Development Services
SUBJECT Reach Code Amendments: Introduction of Revised Electrification Reach Code Ordinance with Minor Modifications Required by California Building Standards Commission; and Finding that the Action is Exempt from CEQA

SUMMARY
In November 20221, Council adopted a Reach Code ordinance to be effective on January 1, 2023. The purpose of the ordinance is to reduce the use of fossil fuels – both in buildings and in vehicles. The ordinance modifies the State building code to require:
 All new residential buildings, including mixed-use buildings, must be all electric.  All new non-residential buildings for which natural gas infrastructure is installed, must be “electric ready,” meaning they have the wiring, electrical capacity and space needed to be converted to an all-electric building in the future.  All new buildings, and modifications to existing buildings resulting in new parking spaces, must have electric vehicle (EV) charging infrastructure above and beyond that required by the California Green Building Standards Code.

Other than the formatting modifications requested by CSBC, this revision contains no substantive differences from the ordinance adopted by the City Council in November 2022.

1 CITY OF HAYWARD - File #: CONS 22-634 (legistar.com)

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Council Sustainability Committee
This item was presented to the Council Sustainability Committee on October 6, 20222, and was recommended to be presented to Council for adoption.

BACKGROUND
State law allows local jurisdictions to adopt ordinances that amend the California Building Standards Code. The ordinances are commonly referred to as reach codes. More than sixty local governments in California have adopted reach codes to encourage or require allelectric construction as well as electric vehicle charging infrastructure.

Following review and recommendations from the City Council Sustainability Committee and the Planning Commission, Council adopted a Reach Code ordinance on November 15, 2022, to amend the California Building Code. The Reach Code ordinance, all previous Council reports, as well as checklists for builders and developers are available on the City’s Reach Code webpage3. The requirements from the adopted ordinance have been incorporated into the City’s Municipal Code with the building electrification requirements included as Chapter 9, Article 8 and the electric vehicle charging requirements included as amendments to the City’s Off-Street Parking Regulations (Chapter 10, Article 2).

DISCUSSION
Once adopted, Reach Codes are required to be filed with the California Building Standards Commission (CBSC). Staff submitted Hayward’s Reach Code to the CBSC and Commission staff responded requesting that the City provide a revised ordinance that specifically lists the sections of the California Building Standards Code that are amended by Hayward’s ordinance. The attached revised Electrification Reach Code ordinance (see Attachment III) has been revised to reference the appropriate sections of Part 11 (California Green Building Standards Code, aka CALGreen) of the California Building Code (Title 24 of the California Code of Regulations). The ordinance does not include any other substantive changes from what was adopted in November 2022, and the requirements in the ordinance remain the same.

CRA v. Berkeley – The electrification standards for new residential construction may be impacted by pending litigation involving the City of Berkeley’s ordinance banning the use of natural gas in new construction that was adopted in 2019. Soon after adoption of Berkeley’s ordinance, the California Restaurant Association sued Berkeley claiming that the ordinance was preempted by the federal Energy Policy & Conservation Act (EPCA). Under EPCA, the Department of Energy “sets minimum energy efficiency standards for approximately sixty categories of appliances and equipment used in homes and businesses”

4. EPCA also expressly pre-empts state and local laws that regulate the amount of energy used by EPCA-covered appliances. The Ninth Circuit Court of Appeals recently issued an opinion that invalidated Berkeley’s ordinance banning fuel gas piping in new buildings. In reaching this decision, the Ninth Circuit broadened the scope of EPCA’s preemption to include state and local laws that regulate the type of energy that EPCA regulated

2 CITY OF HAYWARD - File #: ACT 22-093 (legistar.com)
3 https://www.hayward-ca.gov/reach-code
4 https://www.energy.gov/eere/buildings/about-appliance-and-equipment-standards-program

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appliances can use, ostensibly calling into question the validity of local ordinances banning natural gas in new construction. Berkeley recently filed a petition for re-hearing in the Ninth Circuit. Staff will continue to monitor the progress of this litigation and assess how to proceed. Notwithstanding this litigation, staff recommends proceeding with introduction and adoption of the revised Reach Code ordinance as currently drafted.

FISCAL AND ECONOMIC IMPACT
Adoption of the revised Electrification Reach Code will not have a significant impact on the City’s General Fund or any other City funds, nor will it have a significant impact on the local economy. Discussions of the expected impacts associated with implementing the Reach Code are included in the November 1, 20225, and June 14, 20226, Council reports.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority to Confront Climate Crisis & Champion Environmental Justice as included in the Strategic Roadmap adopted by Council on May 3, 2022. Specifically, this item is related to implementation of the following projects:

Project C1: Ban natural gas in new residential buildings (Completed with the March 2020 adoption of the Reach Code.)
Project C2: Require EV charging infrastructure in new construction (Completed with the March 2020 adoption of the Reach Code.)
Project C10: Explore feasibility of banning natural gas in non-residential (commercial) buildings.

SUSTAINABILITY FEATURES
The use of electric appliances in homes and businesses avoids indoor air pollution associated with the burning of natural gas. Ending the use of natural gas and providing the infrastructure needed for a transition to electric vehicles are both necessary to meet the City’s long term GHG reduction goals, which include:
 30% below 2005 levels by 2025
 55% below 2005 levels by 2030
 work with the community to develop a plan that may result in the reduction of community based GHG emissions to achieve carbon neutrality by 2045

ENVIRONMENTAL REVIEW
Adoption of the revised Electrification Reach Code is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”), because it has no potential for resulting in a physical change to the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a

5 CITY OF HAYWARD - File #: CONS 22-634 (legistar.com)
6 CITY OF HAYWARD - File #: WS 22-020 (legistar.com)

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significant effect on the environment. CEQA applies only to actions that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment.

PUBLIC CONTACT
No public contact was made regarding the adoption of the revised Electrification Reach Code. A summary of the public outreach conducted leading up to the adoption of the ordinance is included in the November 1, 2022, Council report.

NEXT STEPS
If Council approves the attached resolution, a second reading of the ordinance will be scheduled for a subsequent meeting. If the ordinance is adopted, it will be filed with the California Building Standards Commission.

Prepared by: Erik Pearson, Environmental Services Manager Recommended by: Alex Ameri, Director of Public Works
Sara Buizer, 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 FINDING AND DETERMINING THE NEED FOR ADOPTION OF MODIFICATIONS TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE WHEREAS, on September 8, 2016, California Governor Jerry Brown signed Senate Bill 32 (Pavley), setting a statewide greenhouse gas (GHG) reduction target of 40% below 1990 levels by 2030; and
WHEREAS, on September 18, 2018, California Governor Jerry Brown signed Executive Order B-55-18, committing California to achieving carbon neutrality no later than 2045, and achieving and maintaining net negative emissions thereafter; and WHEREAS, on January 15, 2019, the Hayward City Council unanimously approved a resolution endorsing the declaration of a climate emergency. The Declaration states that climate change threatens our community, as well as cities across the globe, and requests regional collaboration in restoring a safe concentration of GHG in our atmosphere; and WHEREAS, in June 2020, the Hayward City Council adopted goals to reduce GHG emissions by 30% below 2005 baseline levels by 2025, 55% by 2030, and to work with the community to develop a plan that may result in the reduction of community based GHG emissions to achieve carbon neutrality by 2045; and
WHEREAS, the City of Hayward targets utilize a baseline different from the State of California’s but Hayward’s GHG reduction targets are equivalent to the State’s; and WHEREAS, scientific evidence has established that natural gas combustion, procurement and transportation produce significant greenhouse gas emissions that contribute to global warming and climate change; and
WHEREAS, the electric space heating, water heating, cooking appliances, and clothes drying equipment associated with all-electric, buildings is linked to significantly lower greenhouse gas emissions and reduced costs to build; and WHEREAS, all-electric building design benefits the health, welfare, and resiliency of the City of Hayward and its residents; and

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WHEREAS, the most cost-effective time to integrate electrical infrastructure is in the design phase of a building project because building systems and spaces can be designed to optimize the performance of electrical systems and the project can take full advantage of avoided costs and space requirements from the elimination of natural gas piping and venting for combustion air safety; and
WHEREAS, an earlier version of Hayward’s Reach Code was adopted by the City Council on November 15, 2022; and
WHEREAS, Hayward’s Reach Code ordinance was reviewed by the California Building Standards Commission and Commission staff requested that the City provide a revised ordinance that lists the specific sections of the State Code that are modified by Hayward’s ordinance; and
WHEREAS, Hayward staff prepared a revised ordinance referencing the appropriate sections of Part 11 (California Green Building Standards Code, aka CALGreen) of the California Building Code (Title 24 of the California Code of Regulations); and WHEREAS, the provisions in this Ordinance are designed to reduce greenhouse gas emissions; increase resource conservation; provide durable and sustainable buildings that are efficient and economical to own and operate; promote the health and productivity of residents, workers, and visitors to the City recognize and conserve the energy and reduce the environmental footprint of new developments; and reduce disturbance of natural ecosystems; and
WHEREAS, adoption of the reach codes as part of the 2022 California Building Standards Code is consistent with and would advance goals and policies contained in the Hayward 2040 General Plan related to climate change, greenhouse gas reductions, and public health and safety; and
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City Council of the City of Hayward finds that each of the amendments, additions and deletions to the 2022 California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological or topographical conditions described in Section 1.

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NOW, THEREFORE, BE IT RESOLVED that the aforementioned amendments to the 2022 California Building Standards Code, are based on local climatic, geological, or topographical conditions. The "Findings of Facts" contained herein addresses present local conditions which either singularly or in combination cause the aforementioned amendments to be adopted.

SECTION 1: FINDINGS AND DETERMINATIONS.

The following local climatic, conditions justify modifications to the California Building Standards Code.

1. The City of Hayward is already experiencing the repercussions of excessive greenhouse gas emissions including increased temperatures and more extreme weather events, decreased precipitation, and increased wildfire risk.

2. Portions of the City of Hayward are situated along a wildland-urban interface and are extremely vulnerable to wildfires, and human activities releasing greenhouse gases into the atmosphere cause increases in worldwide average temperature, drought conditions, vegetative fuel, and length of fire seasons—all of which contribute to the likelihood and consequences of fire.

3. The City of Hayward’s natural gas building infrastructure is a potentially significant source of fire during earthquakes, fire, and other natural disaster events.

4. Marginalized communities in the City of Hayward and worldwide—including people of color, immigrants, indigenous communities, low-income people, those with disabilities, and the unhoused—are already disproportionately affected by climate change and are especially vulnerable to heat events.

5. City of Hayward residents suffer from asthma and other health conditions associated with poor indoor and outdoor air quality exacerbated by the combustion of natural gas.

6. Structures in Hayward are located along or near the Hayward fault, which is likely to produce a large earthquake in the Bay Area.

7. Local conditions have a definite impact upon buildings in Hayward. Therefore, it is found to be reasonably necessary that the 2022 California Building Standards Code be changed or modified to mitigate the effects of the above conditions.

SECTION 2. CEQA Finding.

The City Council finds that this Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in a physical change to the

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environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a copy of this resolution, together with the modifications or changes to the 2022 California Building Code, to be filed with the California Building Standards Commission.

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
ORDINANCE NO. _

AN ORDINANCE ESTABLISHING REACH CODES FOR THE CITY
OF HAYWARD; ADOPTING CHAPTER 9, ARTICLE 8 OF THE
HAYWARD MUNICIPAL CODE TO AMEND PART 11
(CALIFORNIA GREEN BUILDING STANDARDS CODE) OF THE
CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS); AND AMENDING THE
CITY’S OFF-STREET PARKING REGULATIONS (CHAPTER 10,
ARTICLE 2) OF THE HAYWARD MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Intent. It is the purpose and intent of this Ordinance to expressly enact local amendments to the 2022 California Building Code applicable to new construction to provide standards for new buildings to improve community health and safety while reducing greenhouse gas emissions.

Section 2. This ordinance shall become effective 30 days after adoption by the City Council. The following are hereby adopted as local amendments to Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations):

Chapter 9 of the Hayward Municipal Code
(Building Code)
A new Article 8 is added to Chapter 9 to read as follows:
2022 All-Electric & Electric-Ready Ordinance – New Construction 9-8.100.000 – Amend CALGreen Chapters 2, 4, and 5 to add requirements for

FUEL GAS PLUMBING INFRASTRUCTURE IN NEWLY CONSTRUCTED BUILDINGS Section 4.106.5 the California Green Building Standards Code (CALGreen) is added as follows:
9-8.100.010 Applicability
A. The requirements of this Chapter shall apply to the building permits for all newly constructed buildings proposed to be located in whole or in part within the City.

B. The prohibition of fuel gas infrastructure shall apply to permit applications on or after the effective date of this Chapter, and in perpetuity.

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C. The requirements of this Chapter shall not apply to the use of portable propane appliances for outdoor cooking or heating.

D. This chapter shall in no way be construed as amending California Energy Code requirements under California Code of Regulations, Title 24, Part 6, nor as requiring the use or installation of any specific appliance or system as a condition of approval.

E. The requirements of this Article shall be deemed objective planning standards under Government Code Section 65913.4 and objective development standards under Government Code Section 65589.5.

Section 202 of the California Green Building Standards Code is amended as follows:
9-8.100.020 Definitions
A. “Fuel Gas” shall be defined as natural, manufactured, liquefied petroleum, or a mixture of these, as defined in the California Mechanical Code.

B. “Fuel Gas Infrastructure” shall be defined as fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as defined in the California Mechanical Code.

C. “Newly Constructed” building shall be defined as a building that has never before been used or occupied for any purpose. New construction in existing buildings, such as alterations, additions, and tenant improvements, shall not be considered Newly Constructed.

D. “Residential Building” shall be defined as a building, other than a hotel/motel, that is Occupancy Group R-2, multifamily, R-3, single- family; or U-building, located on a residential site. For the purposes of this Article, a Residential Building shall include accessory dwelling units and all portions of a mixed-use building, including those portions to be occupied by a non-residential use.

E. “Non-Residential Building” shall be defined as any building which is classified as occupancy Group A, B, E, F, H, I, M, S, and/or U, as defined by Part 2 of Title 24 of the California Code or Regulation.

Section 4.106.5 of the California Green Building Standards Code is amended as follows:
9-8.100.030 Prohibited Fuel Gas Infrastructure in Newly Constructed Residential Buildings A. Fuel Gas Infrastructure shall be prohibited in newly constructed residential buildings.

Section 5.106.15 of the California Green Building Standards Code is amended as follows:
9-8.100.035 Electric Readiness in Newly Constructed Non-Residential Buildings Attachment III

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A. Where Fuel Gas Infrastructure is installed as part of a Newly Constructed Non-Residential Building, the building shall be required to have sufficient electrical capacity, including reserved circuit breakers, electrical conduit, subpanels, panels, switchboards, and transformers, to facilitate future full building electrification in accordance with the California Electrical Code and manufacturer specifications, in addition to all other code requirements, and shall be depicted on the construction drawings.

B. Physical space for future electric heating appliances, including equipment footprint and any associated ducting, shall be depicted on the construction drawings. The footprint necessary for future electric heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment. 9-8.100.040 Periodic Review of Ordinance
The City shall review the requirements of this ordinance every 18 months for consistency with the California Energy Code and the Energy Commission’s mid-cycle amendments and triennial code adoption cycle as applicable.

Amend CALGreen Chapters 2, 4, and 5 to add requirements for ELECTRIC VEHICLE

CHARGING INFRASTRUCTURE
Chapter 10, Article 2 of the Hayward Municipal Code
(Off-Street Parking Regulations)
Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended as follows:

Chapter 10, Article 2 is amended as follows:

Section 10-2.000 – Purpose. This section is amended by adding the following sections:
f. To Implement the City’s climate change, transportation, affordable housing, and economic development objectives established by the Hayward 2040 General Plan;
g. To Provide for the safe, efficient, and equitable use of electric automobiles; and
h. To Reduce the air pollution and greenhouse gas emissions generated by automobile use.

Section 202 of the California Green Building Standards Code is amended as follows:

Section 10.2.100 – Definitions. This section is amended by adding the following definitions:
a. ‘Automatic Load Management Systems (ALMS).’ The words ‘Automatic Load Management Systems (ALMS)’ shall mean a control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, or panels, and share electrical capacity and/or automatically manage power at each connection Attachment III

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point. ALMS systems must be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
b. ‘Direct Current Fast Charging (DCFC). The words ‘Direct Current Fast Charging (DCFC)’ shall mean a parking space provided with electrical infrastructure that meets the following conditions:
1) A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. 2) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere. c. ‘Electric Vehicle Charging Station (EVCS).’ The words ‘Electric Vehicle Charging Station (EVCS)’ shall mean a parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
d. ‘Electric Vehicle Supply Equipment (EVSE).’ The words ‘Electric Vehicle Supply Equipment (EVSE)’ shall mean the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
e. ‘Level 2 EV Capable.’ The words ‘Level 2 EV Capable’ shall mean a parking space provided with electrical infrastructure that meets the following requirements:
1) Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. 2) The conduit shall be designed to provide at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
3) The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” 4) Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

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5) The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.
f. ‘Level 2 EV Ready.’ The words ‘Level 2 EV Ready’ shall mean a parking space that is served by a complete electric circuit with the following requirements:
1) A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. 2) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
g. ‘Low Power Level 2 EV Ready.’ The words ‘Low Power Level 2 EV Ready’ shall mean a parking space that is served by a complete electric circuit with the following requirements:
1) A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. 2) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.

Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended as follows:

Section 10.2.200 – Application. This section is amended by adding the following:
a. The Off-Street Electric Vehicle Charging requirements in this Article shall apply:
1) At the time of construction of any new building; or
2) At the time when new parking spaces are added due to a change of use or addition to an existing building. (The calculation of EV charging infrastructure required shall be based only on the number of parking spaces added.) Chapter 10, Article 2 is further amended by adding a new Part VIII as follows:

VIII. REQUIREMENTS FOR EV CHARGING INFRASTRUCTURE
SEC. 10-2.800 ELECTRIC VEHICLE (EV) CHARGING SPACES
Electric vehicle (EV) charging infrastructure shall be provided and maintained for projects whenever off-street parking is provided. The infrastructure shall be provided in accordance with the requirements of the California Green Building Standards Code, Title 24 Part 11, and the requirements in this Section, whichever provides greater number of offstreet parking spaces with access to EV charging infrastructure. All accessibility provisions shall meet California Building Code Chapters 11A and 11B and Part VII of this Article. All signage provisions shall meet Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

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All such spaces shall count toward the minimum required parking spaces. Where two or more primary uses occupy a single site, the EV infrastructure required for each use shall be calculated separately. Calculations for the required minimum number spaces with EV infrastructure shall be rounded up to the nearest whole number. Requirements represent the minimum charging infrastructure required, and increases in installed infrastructure, such as EV Supply Equipment and delivered power, shall be permissible.

Sections 4.106.4.1, 4.106.4.2, and 5.106.5.3 of the California Green Building Standards Code are amended as follows:

SEC. 10-2.810 Electric Vehicle Charging Requirements by Use.

Uses EV Charging Infrastructure Required
Single-Family Dwellings
and Townhomes
• Each of the first two parking spaces per dwelling unit shall be provided with a Level 2 EV Ready space.

Multiple-Family Dwellings • A minimum of 20% of dwelling units with parking spaces shall be provided with at least one Level 2 Ready and Electric Vehicle Charging Station (EVCS).); and
• All remaining dwelling units with parking spaces shall be provided with at least one Low Power Level 2 EV Ready space.
• The total number of EV charging spaces shall be equal to one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.
• Automatic Load Management Systems (ALMS) shall be permitted to reduce load when multiple vehicles are charging.

Offices • A minimum of 20% of parking spaces provided shall be provided with a Level 2 Ready and EVCS; and
• A minimum of 50% of parking spaces provided shall be provided with a Level 2 Ready and EVCS or are Level 2 EV Capable.
• ALMS shall be permitted to reduce load when multiple vehicles are charging.

Hotels and Motels • A minimum of 15% of parking spaces provided shall be provided with a Level 2 Ready and EVCS; and
• A minimum of 40% of parking spaces provided shall be provided with a Low Power Level 2 Ready and EVCS or are Low Power Level 2 EV Ready.
• ALMS shall be permitted to reduce load when multiple vehicles are charging.

All Other Uses • A minimum of 10% of parking spaces provided shall be provided with a Level 2 Ready and EVCS; and
• A minimum of 20% of parking spaces provided shall be provided with a Level 2 Ready and EVCS or are Level 2 EV Capable.

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• ALMS shall be permitted to reduce load when multiple vehicles are charging
SEC. 10-2.820 Direct Current Fast Charging stations.
a. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of Section 10-2.810.
b. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 2 spaces.

SEC. 10-2.830 Non-Proprietary Infrastructure.
a. Electric vehicle supply equipment installed pursuant to this subsection shall be compatible with a broad range of electric vehicle makes and models.

Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended as follows:

SEC. 10-2.840 Exceptions.
a. Where there is no local utility power supply, or the local utility is unable to supply adequate power.
b. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements directly related to the implementation of Section 10-2.81081030-0.3 may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. c. Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.
d. Decisions on the above exceptions may be appealed pursuant to Section 10-2.430.

Section 3. Enactment of Local Amendments to the California Building Standards Code, Title 24, Part 11 (Amendments to Chapters 9 and 10 of the Hayward Municipal Code).

The local amendments to the 2022 California Building Standards Code, Title 24, Part 11, are hereby enacted.

Section 4. Severability. The provisions of this Ordinance are severable, and if any clause, sentence, paragraph, provision, or part of this Ordinance, or the application of this Ordinance to any person, is held to be invalid or preempted by state or federal law, such holding shall not impair or invalidate the remainder of this Ordinance. If any provision of this Ordinance is held to be inapplicable, the provisions of this Ordinance shall nonetheless Attachment III

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continue to apply with respect to all other covered development projects and applicants. It is hereby declared to be the legislative intent of the City Council that this Ordinance would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from its coverage.

Section 5. Effective Date. This ordinance shall become effective 30 days after adoption by the City Council.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 6th day of June, 2023, by Council Member .

ADOPTED at a regular meeting of the City Council of the City of Hayward held the ___th day of June, 2023, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: __________________________
Mayor of the City of Hayward
DATE:

ATTEST:

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

City Attorney of the City of Hayward

Hayward City CouncilJune 6, 2023

Hayward City Council
June 6, 2023