SPECIAL JOINT HAYWARD CITY
COUNCIL/HAYWARD
REDEVELOPMENT
SUCCESSOR AGENCY/HAYWARD
HOUSING AUTHORITY MEETING
JUNE 6, 2023
PRESENTATIONS
ITEM #19
WS 23-023
Sidewalk Vending Ordinance
Hayward Police Department Year-End Report
1 Strategic Roadmap Priority:
Sidewalk Vendor Ordinance
City Council Work Session
June 6, 2023
Rozalynne
Thompson, Senior Planner and Dulce Ochoa, Assistant Planner Hayward Police Department Year-End Report
2 Project Background
• “Grow the Economy” adopted as one of six strategic priorities in FY 2021-23 Strategic Roadmap
• “Invest in programs that support Hayward business and workers” included as one of five projects identified under “Grow the Economy” Priority
• “Sidewalk Vendor Ordinance” included as one of these
programs
Hayward Police Department Year-End Report
3 Senate Bill (SB) 946 Overview
• Also known as the Safe Sidewalk Vending Act, signed into law on September 17, 2018, by Governor Jerry Brown
• Effective January 1, 2019
• Decriminalized sidewalk vending statewide and imposed limits on local jurisdictions’ authority to regulate sidewalk vending • The intent is to
• promote entrepreneurship and economic development opportunities to low-income and immigrant communities
• Increase access to culturally significant foods and merchandise • Contribute to a safe and dynamic public space
• Preempts any contrary local regulations, requiring any local regulation of sidewalk vending be consistent with SB 946
Hayward Police Department Year-End Report
4 Outreach Efforts
DECEMBER 2022
Informal listening
session with
business owners
FEBRUARY
2023 - MAY
2023
Internal and
external
stakeholder
meetings held
FEBRUARY
2023
Project webpage
and email address
launched
MARCH 2023 –
MAY 2023
Online survey
made available to
public and
Sidewalk Vending
Ordinances of 18
jurisdictions
reviewed
APRIL 2023
Canvassing of
sidewalk vendors
and Council
Economic
Development
Committee
meeting
JUNE 2023
City Council Work
Session
SUMMER 2023
Introduction of
draft ordinance
Hayward Police Department Year-End Report
5 Draft Policy Language
Locational Guidelines (Best
Practice)
• ADA clearance
• 100-foot distance requirement
from public and private
schools
• Distance requirement from
parks
• Distance requirement from
building entrances and exits
Locational Guidelines
(Optional)
• No vending or setbacks from
community-wide focal points
• No vending within landscaped
areas
• Limit sidewalk vendors
in residential zones to
roaming only
• No vending within designated
parking zones
Hayward Police Department Year-End Report
6 Draft Policy Language
Operational Guidelines (Best
Practice)
• Hours of operation
• Maintaing area clean
of trash and debris
• Stationary vendors
in residential areas
• Prohibited items for sale
Operational Guidelines
(Optional)
• No selling of services or
engaging in or offering to
engage in any type of rental
activity, including the rental of
any goods or services
• Displaying only goods that are
available for immediate on-site
sale
• Prohibiting display of any signs
advertising any off-site business
Hayward Police Department Year-End Report
7 Questions
• Do you agree with the recommended best practices for
locational and operational guidelines?
• Which of the optional locational and operational guidelines should be included in the ordinance?
• Are there any additional locational and operational optional guidelines that should be considered?
ITEM #20
PH 23-022
FY 2024 Budget/CIP
Public Hearing and
Adoption
Hayward Police Department Year-End Report
FY 2024
Proposed
Operating & CIP
Budgets
Public Hearing &
Adoption
June 6, 2023
Nicole Gonzales, Director of Finance
Hayward Police Department Year-End Report
Where We’ve Been
Hayward Police Department Year-End Report
FY 2024 Budget Expenditure Summary
Hayward Police Department Year-End Report
FY 2024 Proposed Operating Expenditure Budget
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
Adopted
%
Change from
FY 2023
Adopted
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% Hayward Police Department Year-End Report
FY 2024 Proposed Operating Budget
Changes Since May
General Fund
1. 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
b. Consultant Services to Administer 360
Evaluations and Executive Coaching
c. Replacement of Monument Gateway Signed
on Jackson/Silva – Transfer to Capital
Improvement Fund
d. Contract Services - Expand Litter Collection
Services
All Other Funds
1. Reduction in Debt Service payment fulfilled in
FY 2024 for the 2013 Water Revenue Refunding
Bond – 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
Hayward Police Department Year-End Report
General Fund Five (5) Year Forecast Update
Proposed FY 2024
General Fund Forecast FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 (FY 2024 Proposed) Y ear 1 Y ear 2 Y ear 3 Y ear 4 Y ear 5 $ In thousands
Revenue $199,883 $207,881 $214,906 $220,118 $225,132
Expenditures 204,978 217,392 223,348 229,397 233,269
Net Change in Reserve-Surplus / (shortfall) (5,095) (9,511) (8,442) (9,279) (8,137)
Beginning Balance $44,221 $39,126 $29,616 $21,174 $11,895 Net Change in Reserve - Surplus / (Shortfall) (5,095) (9,510) (8,442) (9,279) (8,137)
Ending Balance $39,126 $29,616 $21,174 $11,895 $3,758
Hayward Police Department Year-End Report
General Fund Revenue by Source
Property Tax,
33.8%
Transfer Tax, 8.8%
Transfers In, 2.1%
Sales Tax, 23.2%
Utility User's Tax,
9.0%
Fines, 1.4%
Franchise Fees, 6.1%
Other Taxes, 4.0%
Charges for Service, 7.0%
Other & Interest, 0.6% Intergovernmental, 4.0%
Hayward Police Department Year-End Report
General Fund Expenditures by Category
Salaries & Benefits,
77.8%
CIP Transfers, 0.9%
Maintenance & Utilities, 0.8%
Internal Service Fees, 9.8%
Liability Insurance, 2.7%
OPEB Unfunded Liabilities, 1.3%
Econ Dev Transfer, 0.2% Supplies & Services, 5.2%
Debt Service Transfer, 1.3%
Hayward Police Department Year-End Report
9 FY 2024 CIP
Expenditures
by Category
Livable
Neighborhoods, 16%
Sewer System
Projects, 24%
Water System Projects,
19%
Pavement Rehabilitation Projects,
14%
Road & Street Projects, 1%
Municipal Facilities
Improvements, 7%
Misc. Projects, 1%
Airport Projects, 8%
Fleet Management , 6%
Equipment & Software, 4%
Hayward Police Department Year-End Report
10 Total:
$115M
FY 2024 CIP
Expenditures
by Fund
Fund 405 Capital
Projects, $13,428,000
Sewer System,
$29,271,390
Water System,
$20,453,265
Measure B/BB,
$9,465,000
Gas Tax/RRAA/VRF,
$9,092,000
Airport, $8,727,000
Route 238, $1,781,000
Measure C, $8,971,000
Fleet Management $5,800,000
Street/Transportation System,
$5,971,000
Information Technology,
$1,440,000
Facilities, $1,190,000
Hayward Police Department Year-End Report
1. Conduct a Public Hearing in accordance with the City’s Charter • SECTION 1202. PUBLIC HEARING ON THE BUDGET
2. That the Council adopts resolutions approving the FY 2024 Operating and CIP Budgets in accordance with the City’s Charter
• SECTION 1203. ADOPTION OF THE BUDGET After the conclusion of the public hearing, the Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and thereafter it shall adopt the budget with revisions, if any. Upon final adoption, the budget shall be in effect for the ensuing fiscal year*.
* SECTION 1200. THE FISCAL YEAR Unless otherwise provided by ordinance, the fiscal year of the City shall begin on the first day of July of each year and end on the thirtieth day of June of the following year.
Recommendation
Hayward Police Department Year-End Report
• Council Questions
• Hold Public Hearing
• Council Discussion
and Motion
ITEM #21
PH 23-027
Gann Limit
Adoption
FY 2024
Gann
Appropriation
Limit
June 6, 2023
Nicole Gonzales, Director of Finance
2 What is a Gann Appropriations Limit?
• 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 placed limits on the amount of revenue that can be spent by government agencies. • Proposition 111, was approved by the voters in June 1990 and provided new adjustment formulas to the Gann Limit and requires local governments to adopt Gann Appropriations Limits each fiscal year.
• 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. 3 Gann Appropriations Limits
FY 2024
Gann Appropriation Limit
$401 million
$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
4 Recommendation
• That the Council adopts a Resolution establishing a Gann Appropriation Limit for Fiscal Year 2024.
ITEM #22
LB 23-022
Reach Code
Amendments
Hayward Police Department Year-End Report
1 2023 Reach Code
June 6, 2023
City Council
Hayward Police Department Year-End Report
2 Hayward’s Reach Code
• Adopted by Council November 15,
2022
• Modifies the California Building Code
• Reduces use of fossil fuels in
buildings and vehicles
https://www.hayward-ca.gov/reach-code
Hayward Police Department Year-End Report
3 Hayward Reach Code Requirements
• All new residential buildings must be all electric (no natural gas). • All new non-residential buildings must be all electric or “electric ready”. • Enhanced EV charging required for all building types.
Hayward Police Department Year-End Report
4 California Building Standards Commission
• Reach Codes must be filed with California Building
Standards Commission (CBSC)
• CBSC reviewed Hayward’s ordinance and asked for
state code sections to be identified
• Revised ordinance received preliminary approval from
CBSC
• No other substantive changes to ordinance
Hayward Police Department Year-End Report
5 California Restaurant Association v. City of Berkeley • City of Berkeley adopted ordinance in 2019.
• California Restaurant Association (CRA) filed suit
• U.S. District Court dismissed claim in 2021
• CRA appealed to Ninth Circuit Court of Appeals
• Ninth Circuit Court issued opinion that ordinance is preempted by the federal Energy Policy & Conservation Act (EPCA). • Berkeley recently requested a re-hearing
Hayward Police Department Year-End Report
6 Staff Recommendation
That Council:
1) Accepts public comments; and
2) Comments on this report; and
3) Finds the Reach Code exempt from CEQA; and
4) Adopts the resolution; and
5) Introduces the Reach Code ordinance including:
a) electrification requirements for new buildings; and
b) amendments to the Off-Street Parking Regulations
for EV charging.