Council Packet — Hayward City Council, June 20, 2023 (part 2 of 4)

NEXT STEPS

If Council approves the resolutions to execute an agreement with MBS Engineering Inc., and amend the agreements with Kitchell and ABC, be executed by the City Manager, staff will route the agreement to MBS Engineering, Inc., allowing the LPG work to commence and the amendments to Kitchell and ABC allowing the firms to continue to provide construction support and inspector of record services.

Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works
Garrett Contreras, Fire Chief

Approved by:

__________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A N AGREEMENT WITH MBS E NGINEERING, INC., FOR INSTALLATION OF

LIQUEFIED PETROLEUM GAS LINES, CONNECTION PITS AND REGU LATORS FOR THE FIRE STATION 6 AND FIRE TRAI NING CENTER PROJECT IN AN AMOUNT NOT-TO-EXCEED $224,321

WHEREAS, the construction of the new Fire Station 6 /Fire Training Center project includes training with the use of live fire training at the four-story Training Tower building and at the outdoor area with the use of liquefied petroleum gas (LPG); and

WHEREAS, pipes were installed underg round from the LPG tanks to the Training Tower building and to the outdoor area by the contractor per the contract documents; and WHEREAS, the project lea rned after installation of the underground pipes to the outdoor area required thicker wall pipes for the higher-pressure vapor an d liquid lines per code requirements; and

WHEREAS, Stantec Consulting Ser vices, Inc., the d esigner of the LPG s ystem, acknowledged the error in the design and provided revised drawings to install the correct pipes and connection pits where these pipes terminate; and

WHEREAS, on April 28, 2023 , the City of Hayward solicited Request for Proposal s for the LPG modification; and

WHEREAS, on May 19, 2023, one (1) bid was received in the amount of $224,321; and WHEREAS, the proposal submitted by MBS Engineering, Inc., is responsive.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the C ity Manager is hereby authorized to execute, on behalf of the C ity of Hayward, a n agreement with MBS Engineering, I nc., in an amount not -to-exceed $ 224,321 to include direct payment between Stantec Consulting Services, Inc., and MBS Engineering, Inc.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-_____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
KITCHELL CEM FOR CONSTRUCTION SUPPORT FOR THE FIRE STATION 6

AND FIRE TRAINING CENTER IMPROVEMENT PROJECT

WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 19th day of February 2020, entitled “Amendment to Professional Services between the City of Hayward and Kitchell CEM for the Fire Stations 1-6 and Fire Training Center Improvement Project”; and

WHEREAS, by Resolution No. 22-174, on June 28, 2022 , Council adopted a resolution authorizing the City Manager to execute an amendment to the Professional Services Agreement with Kitchell CEM for extended construction support services by $400,000 for a not-to-exceed amount of $2,200,000; and

WHEREAS, by Resolution No. 23-012, on January 1 7, 2023 , Council adopted a resolution authorizing the City Manager to execute an amendment to the Professional Services Agreement with Kitchell CEM for extended construction support services by $333,000 for a not-to-exceed amount of $2,533,000; and

WHEREAS, the City and the Consultant desire s to amend the Agreement in certain respects to provide additional services for completion of construction support services for the Fire Station 6 and Fire Training Center Improvement Project; and

WHEREAS, the Consultant provided a request for additional construction support services extending to the complet ion of con struction with a negotiated amount of $307,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Ma nager is hereby authorize d to execute, o n beha lf of the City of Hayward, an amendment to the agreement with Kitchell CEM for extended services in an amount not-to- exceed $ 307,000, thereby increasing the total contract amount to a total not -to-exceed $2,840,000 associated with the Fire Station 6 and the Fire Training Center.

ATTACHMENT III

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT IV

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABC INSPECTIONS, INC., FOR INSPECTOR OF RE CORD SERVICES FOR THE FIRE STATION 6 AND FIRE TRAINING CENTER IMPROVEMENT PROJECT

WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 6th day of March 2020, entitled “ Agreement for Professional Services between the City of Hayward and ABC Inspections, Inc., for Fire Station 6 and Fire Training Center Inspector of Record”; and

WHEREAS, by Resolution No. 22-175, on June 28, 2022 , Council adopted a resolution authorizing the City Manager to execute an amendment to the Professional Services Agreement with ABC Inspections, Inc., for extended inspector of record services by $115,000 for a not-to-exceed amount of $865,000; and

WHEREAS, by Resolution No. 23-014, on January 17, 2023 , Council adopted a resolution authorizing the City Manager to execut e an amendment to the Professional Services Agreement with ABC Inspections, Inc., for extended inspector of record services by $80,000 for a not-to-exceed amount of $945,000; and

WHEREAS, the City and the Consultant desire s to amend the Agreement in certa in respects to p rovide additional services for completion of inspector of record services for the Fire Station 6 and Fire Training Center Improvement Project; and

WHEREAS, the Consultant provided a request for additional inspector of record services extending to the completion of construction with a negotiated amount of $85,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Ma nager i s h ereby authorize d to execute, on beha lf of the City of Hayward, an amendment t o the agreement with ABC Inspections, Inc., for extended services in an amount not-to-exceed $85,000, thereby increasing the total contract amount to a total not - to-exceed $1,030,000 associated with the Fire Station 6 and the Fire Training Center.

ATTACHMENT IV

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-371
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Plans and Specifications and Call for Bids for The Stack Center - Phase I Project

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the plans and specifications and calling for bids for The Stack Center - Phase I Project.

SUMMARY
Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as the Stack Center. For the past seven years, the City and its partners have worked to raise funds and define the vision for this Center.

The attached resolution approves the plans and specifications, and the calling for bids for Phase I construction of the Stack Center, which consists of rehabilitating the existing Matt Jimenez Community Center (MJCC) and external elements surrounding the MJCC. The project budget of $8,403,000 is funded via grant funding, development contributions from La Vista developers, and Hayward ARPA funds.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Approving Plans and Specifications and Call for Bids for The Stack Center – Phase I Project

RECOMMENDATION

That Council adopts a resolution (Attachment II) approving the plans and specifications and calling for bids for The Stack Center – Phase I Project.

SUMMARY

Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as the Stack Center. For the past seven years, the City and its partners have worked to raise funds and define the vision for this Center.

BACKGROUND

Below is a list of major milestones for the Stack Center Project over the past seven years:
 In July 2014, the County Board of Supervisors allocated $9.6 million from District 2’s share of one-time residual property tax funds for the Stack Center.  In 2015, the City, Alameda County, and the Hayward Area Recreation and Park District (HARD) formed the Stack Center Governance Group to guide the project and obtain the necessary resources.
 In June 2015, the County Board of Supervisors approved the acceptance of a $5 million grant from the Kaiser Regional Foundation. This total funding amount of $14.6 million was reduced by approximately $600,000 to help fund Mia’s Dream Park, which is located on parcels abutting the Stack Center project site.  In September 2016, the Stack Center Governance Group issued a Request for Qualifications for Facility Operator and Administrator Services.

Page 2 of 5 ends

 On March 27, 20181, Council authorized the City Manager to execute a facility operator agreement with La Familia and Eden Youth and Family Center (EYFC).  In June 2018, the City issued a Request for Proposals (RFP) for Phases I and II of the project: a community analysis, creation of a building program, and preliminary design. The City received eight proposals. The Stack Center Governance Group evaluated each proposal and ranked RDC as the highest.
 On February 5, 20192, Council authorized the City Manager to execute a professional services agreement with RDC for Phases I and II work and accept $500,000 from Alameda County to cover the cost of the agreement.
 On June 16, 20203, Council authorized the City Manager to execute a professional services agreement with RDC for architecture and engineering services and accept $2,870,000 from Alameda County to cover the cost of the agreement.  On July 31, 2021, the partners held an open house at the future center and launched the fundraising campaign.
 On January 18, 20224, Council accepted a grant of $1 Million in State of California general funds for Phase I construction.
 On July 5, 20225, Council authorized the City Manager to execute a professional services agreement with Kitchell for construction management services for the Stack Center in an amount not to exceed $520,000.
 On October 25, 20226, Council adopted resolutions authorizing the City Manager to accept $1,500,000 in federal grant funds and to execute grant agreements for federal and state funds for the Stack Center.
 On December 6, 20227, Council adopted a resolution authorizing the City Manager to accept $8,558,902 in state library grant funds for construction of the Stack Center and to execute associated grant agreements.
 On March 7, 20238, Council adopted a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with AEI Consultants for environmental investigation services to support the Stack Center project by increasing the Not-to-Exceed amount of the agreement from $59,950 to $200,000.

DISCUSSION

In Spring 2022, the City and its partners discussed splitting the Stack Center project into two or more phases to use grant funds in the near term rather than prolonging construction while the City secured funding for the full project. On May 3, 20229, City Council approved the approach of phasing the construction and directed staff to prepare documents for Phase I construction.

1 CITY OF HAYWARD - File #: CONS 18-207 (legistar.com)
2 CITY OF HAYWARD - File #: CONS 19-069 (legistar.com)
3CITY OF HAYWARD - File #: CONS 20-280 (legistar.com)
4 CITY OF HAYWARD - File #: CONS 22-038 (legistar.com)
5 CITY OF HAYWARD - File #: CONS 22-443 (legistar.com)
6 CITY OF HAYWARD - File #: CONS 22-600 (legistar.com)
7 CITY OF HAYWARD - File #: CONS 22-680 (legistar.com)
8 CITY OF HAYWARD - File #: CONS 23-144 (legistar.com)
9 CITY OF HAYWARD - File #: LB 22-012 (legistar.com)

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Boundaries for Phase I are shown on Attachment III. Phase I scope includes outdoor improvements such as two parking areas, the Community Event Plaza and two tot yards/play areas for the childcare center. The indoor improvements within the MJCC will include the conversion of the classroom spaces into a childcare center with child- appropriate restrooms.

Once Council approves the call for bids, staff estimates awarding the contract in September and breaking ground soon after. Staff estimates the outdoor elements will be complete by June 2024 and all Phase I elements will be open to the public by Fall of 2024.

Phase I of the construction includes demolishing the building that is currently occupied by Alameda County of Education’s (ACOE) program. Staff is working with ACOE to identify alternative temporary locations during construction. Once Phase I is complete, Kidango’s Affordable Childcare programming will move to the MJCC, which will allow the City to demolish the existing Kidango building as part of Phase II construction.

This project is categorically exempt from environmental review under Section 15302 of the California Environmental Quality Act (CEQA) Guidelines for the replacement or reconstruction of an existing structure with the same size, purpose, and capacity.

On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because this project is over $1,000,000, the CWA applies.

FISCAL IMPACT

The estimated cost for Phase I construction is $8,403,000. The funding for this phase of construction exists in the adopted CIP budget.

The project funding sources are as follows:

Cost Funding Source Funding Amount
Community Events Plaza 2,341,000 Clean California grant 2,341,000 MJCC Upgrades 2,724,000
State general grant 1,000,000
Federal general grant 1,500,000
La Vista developer 224,000
Site Work/Parking Lots 3,338,000
Clean California grant 306,000
Hayward ARPA funds 2,000,000
La Vista developer 1,032,000
Total 8,403,000 8,403,000

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STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project(s):

Project N13: Oversee the rebuilding of the South Hayward Youth and Family Center (the Stack)
Part N13a: Finalize financing.

Part N13b: Design and construct Stack Center.

Part N13c: Continue working with service providers to ensure a mix of services and opportunities that best address the needs of the corridor

SUSTAINABILITY FEATURES

The Stack Center will incorporate all City green building ordinances, including the zero-net- energy requirement for new construction. The project requires the contractor to recycle all construction and demolition debris generated from the project.

The project satisfies the following General Plan policies:

 ED-6.8 Public/Private Partnerships
 CS-1.1 Community Partnerships
 CS-1.5 Services for At-Risk Youth
 EDL-1.1 Childcare and Early Childhood Development Centers  EDL-1.3 Local Agency Coordination
 EDL-1.5 Pre-school and Pre-Kindergarten
 EDL-1.6 Pre-School/Pre-Kindergarten Alternatives
 PFS-1.1 Capital Improvement Program
 PFS-1.2 Priority for Infrastructure
 PFS-1.6 Public Facility Clustering

PUBLIC CONTACT

Immediately after the construction contract is awarded, a preliminary notice explaining the project will be posted and distributed to all residents in the surrounding neighborhood.

NEXT STEPS

August 2023 Bid Opening
September 2023 Award of Contract
October 2023 Start of Construction
June 2024 End of Construction

Page 5 of 5 ends

Prepared by: Irene Perez, Management Analyst Yama Farouqi, Associate Civil Engineer
Mary Thomas, Assistant to City Manager
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE STACK CENTER - PROJECT NOS. 06960 AND CALL FOR BIDS

WHEREAS, those certain plans and specifications for the Stack Center – Phase 1 Project, Project No . 06960, on file in the office of the City Clerk, are her eby adopted as the plans and specifications for the project; and

WHEREAS, the City Cle rk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law; and

WHEREAS, sealed bids therefor will be received by the City Clerk’s office at City Hall, 777 B Street, City Hall Rotunda, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, August 29, 2023, and immediately thereafter publicly opened and declared by the City Clerk in the Hayward City Hall Rotunda, located on the 1st Floor of City Hall, Hayward, California.

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

BE IT FURTHER RESOLVED, that the pro ject is categorically exempt under section 15302 of the California Environmental Quality Act Guidelines fo r the replacement or reconstruction of an existing structure with the same size, purpose, and capacity.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

THE STACK CENTER - PHASE I PROJECT

LIMIT OF WORK

LIMIT OF WORKLIMIT OF WORKLIMIT OF WORK
ABGFDIOXQVTNLURMCHEJPYZWSK 12836954712345678910 BCDEFGHIJ KLMNOPQRSTUVWXYZ NOPQRSTUVWXYZ 123456789
123456789 A
L.O.W
L.O.WL.O.W
L.O.W

AREA SHOWN WITHDIAGONAL HATCHNOT IN SCOPE
484950525354555657585960616263
64 51.949.6
111.3
EVCS
EVCS
EVCS

EVCSEVCSEVCSEVCSEVCS
PANJON STREET0204060 FT

BIO-RETENTION

LANDFORM

BIO-RETENTIONPLAY AREA - S

PLAY AREA - N

ECO-ISLAND

COMMUNITYEVENT PLAZA(OVERFLOW PARKING)
PARKINGAREA 2
PARKINGAREA 3

BIO-RETENTIONBIO-RETENTIONBIO-RETENTION
PARKING AREA 3

MATT JIMENEZ

COMMUNITY
CENTER

COMMUNITY EVENT PLAZA

PARKING
AREA 2

PHASE I LIMITS OF
WORK

PHASE II

TENNYSON
PARK

RUUS ROAD

PANJON STREET

ATTACHMENT III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-387
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Enter into a Contract with Aclara Technologies LLC for Sole Source Purchase of AclaraONE Software Upgrade Services for the Advanced Metering Infrastructure (AMI) Implementation Project for a Period of Three Years with Two, One-Year Options to Extend in an Amount Not-to-Exceed $416,400

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing City Manager to negotiate and execute an agreement and sole source purchase with AclaraONE software upgrade services for the AMI Implementation Project for a period of three years with two options to extend in an amount not-to- exceed (NTE) $416,400.

SUMMARY
All 36,000 water meters in the Hayward Water System are equipped with Advanced Metering Infrastructure (AMI) technology, which transmits meter reads to an online internal-facing portal. This internal-facing portal is provided by Aclara Technologies LLC (Aclara) and allows City staff to view and manage City-wide consumption data. Aclara is phasing out the current iteration of this software, STAR Network Control Computer (NCC), and requiring their Utility customers, including the City of Hayward, to upgrade to their new software, AclaraONE. AclaraONE will provide improved functionality including increased ease of navigation for staff, new GIS features, and improved reporting functionality, among other added features. Staff are seeking authorization to implement the required software upgrade. Staff seeks a three-year contract, with options to extend up to two additional years, in an amount NTE $416,400.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:CONS 23-387
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter Into a Contract with Aclara Technologies LLC for Sole Source Purchase of AclaraONE Software Upgrade Services for the Advanced Metering Infrastructure (AMI) Implementation Project for a Period of Three Years with Two, One-Year Options to Extend in an Amount Not-To-Exceed $416,400

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing City Manager to negotiate and execute an agreement and sole source purchase with AclaraONE software upgrade services for the AMI Implementation Project for a period of three years with two one-year options to extend in an amount not-to-exceed (NTE) $416,400.

SUMMARY

All 36,000 water meters in the Hayward Water System are equipped with Advanced Metering Infrastructure (AMI) technology, which transmits meter reads to an online internal-facing portal. This internal-facing portal is provided by Aclara Technologies LLC (Aclara) and allows City staff to view and manage City-wide consumption data. Aclara is phasing out the current iteration of this software, STAR Network Control Computer (NCC), and requiring their Utility customers, including the City of Hayward, to upgrade to their new software, AclaraONE. AclaraONE will provide improved functionality including increased ease of navigation for staff, new GIS features, and improved reporting functionality, among other added features. Staff are seeking authorization to implement the required software upgrade. Staff seeks a three-year contract, with options to extend up to two additional years, in an amount NTE $416,400.

BACKGROUND

In 2018, the City completed the replacement of approximately 36,000 manual water meters with new AMI meters that can be read remotely. Staff are currently able to access the AMI- generated meter reads via basic internal-facing software called STAR NCC, which is provided by Aclara, the vendor the City contracted with in 2016 to deploy the AMI system. Aclara has notified the City that they are phasing out the current iteration of their internal-facing data management software, STAR NCC, and that their Utility customers, including the City, are required to upgrade to the new iteration known as AclaraONE.

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DISCUSSION

The City pays an annual licensing fee to Aclara to access the STAR NCC software system and view electronic reads of the City’s AMI meters. Aclara is phasing out the STAR NCC system and requiring all Utility customers to upgrade from STAR NCC to the AclaraONE software solution to continue services. The AclaraONE software will provide improved functionality when compared to the current STAR NCC system by providing increased ease of navigation for City staff, new GIS features, and improved reporting functionality, among other added features. The software upgrade, quoted at approximately $126,400 in first-year fees, will involve integrating all customer data to the new system, the retention of five full years of meter read data, and the first-year licensing fee. The licensing fee will have an additional annual impact in future years that is further discussed in the Fiscal Impact section of this report.

ECONOMIC IMPACT

Upgrading the internal-facing software to AclaraONE will provide staff the ability to make better use of system-wide water data through increased reporting and GIS functionality.

These features will improve the City’s overall customer service capabilities and facilitate more strategic and proactive water conservation.

FISCAL IMPACT

The AMI Conversion Project No. 07025 in the Water Replacement Fund (Fund 603) has sufficient funds to cover the initial upgrade costs from STAR NCC to AclaraONE. Costs beyond those in the first year will be funded by the Water Operating Fund (Fund 605), which is currently supporting the annual STAR NCC licensing fees. The annual software license fee will be approximately $64,000 in Year 1 and increase by five percent each subsequent year. The annual Operating Budget impact of AclaraONE in Years 2 and 3 will be approximately $76,000 higher than that of the STAR NCC System.

CIP Fund 603,
Project
07025
Operating
Fund 605
Operating
Fund 605
Operating
Fund 605
Operating
Fund 605

Year 1 Year 2 Est. Year 3 Est.

Year 4
Est.

Year 5
Est.

AclaraONE
Implementation $52,000 n/a n/a n/a n/a

20%
Contingency $10,400 n/a n/a n/a n/a

Software
Licensing Fee $64,000 $67,000* $71,000* $74,000* $78,000*

Annual total** $126,400 $67,000 $71,000 $74,000 $78,000 Total Cost Over
First Five Years
$416,400

*Includes 5% annual escalator, rounded to the nearest thousandth **Contract to include two one-year options beyond Year 3.

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STRATEGIC ROADMAP

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

 Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers  Project N18: Upgrade water system infrastructure.

SUSTAINABILITY FEATURES

AMI promotes efficient water use and water conservation. The water consumption data provided by AMI technology aids in the City’s efforts to measure the overall effectiveness of targeted conservation initiatives and inform customers about potential leaks or high consumption.

PUBLIC CONTACT

There is no public contact required to perform this upgrade.

NEXT STEPS

If approved, staff will work with Aclara to sign the contract and implement the required upgrade to the AclaraONE internal-facing AMI software for an amount NTE $416,400.

Prepared by: Sharon Hu, Management Analyst

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO

A CONTRACT WITH ACLARA TECHNOLOGIES , LLC FOR SOLE SOURCE

PURCHASE OF ACLARAONE SOFTWARE UPGRADE SERVICES FOR THE

ADVANCED METERING INFRASTRUCTURE IMPLEMENTATION PROJECT FOR

A PERIOD OF THREE YEARS WITH TWO OPTIONS TO EXTEND IN AN AMOUNT NOT-TO-EXCEED $416,400

WHEREAS, the City completed the replacement of its approximately 36,000 manual water meters with new Advanced Metering Infrastructure (AMI) meters in 2018 via the AMI Conversion Project No. 07025 in the Water Replacement Fund (Fund 603); and

WHEREAS, viewing the electronic reads of the AMI meters requires access to an internal-facing software owned and licensed to the City by Aclara Technologies LLC (Aclara); and

WHEREAS, Aclara is currently phasing out its STAR Network Computer Control (NCC) system, for which the City currently pays an annual licensing fee; and

WHEREAS, Aclara is requiring all its Utility customers, including the City of Hayward, to upgrade to its new iteration of the software, called AclaraONE; and

WHEREAS, Aclara is the only company capable of implementing the upgrade and licensing the software to the City, as they are the developer and owner of the software, and it is the only software capable of registering water consumption data generated by City’s Aclara AMI hardware installed throughout the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute an agreement with AclaraONE AclaraONE for the sole source purchase of the AclaraONE software upgrade services for the AMI Implementation Project No. 07025 in the Water Replacement Fund (Fund 603) for a period of three years with two one-year options to extend in an amount not-to-exceed (NTE) $416,400.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA June 20, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-409
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 23-026
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Utility Rate Adjustments: Adopt a Resolution Amending the Master Fee Schedule and Approving the Proposed FY 2024 and FY 2025 Water, Sewer, Recycled Water Rates and Connection Fees and Finding the Action is Exempt from CEQA Review

RECOMMENDATION
That the Council adopts resolutions amending the Master Fee Schedule and approving the proposed water, sewer, and recycled water rates (Attachment II) and connection fees (Attachment III) and finding this action exempt from CEQA review.

SUMMARY
Cost-of-service analyses have been prepared for providing water, sewer, and recycled water service to Hayward residents and businesses to calculate appropriate water, sewer, and recycled water rates and service charges for FY 2024 and FY 2025. The analyses were prepared by Raftelis Financial Consultants, Inc., (Raftelis), a consulting firm that specializes in financial advising for utilities and public agencies.

Staff brought the proposed rates to Council to obtain comments during a work session on April 18, after which the appropriate and necessary public noticing procedures were implemented in accordance with state law prior to the public hearing. If approved, the adopted rate adjustments would take effect on October 1, 2023, and 2024.

The Water Rate Study documents the City’s water cost of service requirements for FYs 2024 and 2025, which will increase by 10% in FY 2024 and are anticipated to increase by another 10% in FY 2025. The recommended water rates for FY 2024 and FY 2025 include an overall 10% increase to both bi-monthly fixed service fees and commodity rates in each of the two years for both residential and non-residential customers. The proposed rate adjustments will allow the City to recoup some of the revenue losses and the use of reserves last year due to a 15.9% increase in the wholesale water rate from San Francisco Public Utilities Commission (SFPUC) and in anticipation of a further increase of 9.7% effective July 2023.

The Sewer Rate Study documents the City’s sewer cost-of-service requirements for FYs 2024 and 2025, which will increase by 7% in FY 2024 and are anticipated to increase by another 7% in FY 2025. Staff CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:PH 23-026
recommends an overall increase of 7% across all customer classes per year, including all commercial and industrial customers. The proposed rate adjustments will allow the City to keep pace with the cost of sewer service collection, treatment, and disposal, including developing reserves to pay for upcoming capital costs, and ensure that costs are recovered equitably.

The Recycled Water Rate Study documents the City’s recycled water cost of service requirements for FYs 2024 and 2025, which will increase by 35% in FY 2024 and by 10% in FY 2025. Staff recommends that the service fee be the same as the water service fee for potable water in FY 2024 and FY 2025. The recommended recycled water commodity rate at $6.76 per CCF is 23% lower than the proposed potable irrigation water rate at $8.80 per CCF for the first 170 CCF or 348 gallons per day, and 40% lower than proposed potable irrigation water rate at $11.20 for over 170 CCF.

Water, Sewer, and Recycled Water connection fee analyses have also been prepared by Raftelis.

Connection fees are typically paid at the time a new development requests water, sewer, and recycled water service. The water connection fees (also known as Water Facilities Fees) have not been adjusted since 2012 and sewer connection fees were last adjusted in 2011. While the analyses recommend a 23% increase for water connection fee and a 102% increase for sewer connection fee, staff is recommending phase-in increases of 10% for water and 25% for sewer fees in the interest of maintaining the economic recovery and fostering business development. For recycled water connection fee, staff recommends the fee to be the same as the recommended water connection fee, as the City plans for expansion of the recycled water system and adding more customers.

Staff implemented the notification requirements of Proposition 218 for the proposed rate increase by sending written notice of the proposed rates to all affected property owners. Notices were also sent to bill payers of record and tenants in the interest of full transparency. Council may not take action on the proposed rates if a majority of property owners, about 19,000, submit written protests. The City Clerk will tabulate and report the final number at the end of the public hearing.

Proposed connection fee adjustments information was posted on the City’s website and public hearing notice of the proposed adjustment was published on the newspaper.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - Utility Rate Increase
Attachment III Resolution - Utility Connection Fees
Attachment IV Top Water Users by Customer Class in 2022 CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Utility Rate Adjustments: Adopt a Resolution Amending the Master Fee Schedule and Approving the Proposed FY 2024 and FY 2025 Water, Sewer, Recycled Water Rates and Connection Fees and Finding the Action is Exempt from CEQA Review

RECOMMENDATION

That the Council adopts resolutions amending the Master Fee Schedule and approving the proposed water, sewer, and recycled water rates (Attachment II) and connection fees (Attachment III) and finding this action exempt from CEQA review.

SUMMARY

Cost-of-service analyses have been prepared for providing water, sewer, and recycled water service to Hayward residents and businesses to calculate appropriate water, sewer, and recycled water rates and service charges for FY 2024 and FY 2025. The analyses were prepared by Raftelis Financial Consultants, Inc., (Raftelis), a consulting firm that specializes in financial advising for utilities and public agencies. Staff brought the proposed rates to Council to obtain comments during a work session on April 18, after which the appropriate and necessary public noticing procedures were implemented in accordance with state law prior to the public hearing.

If approved, the adopted rate adjustments would take effect on October 1, 2023, and 2024.

The Sewer Rate Study documents the City’s sewer cost-of-service requirements for FYs 2024 and 2025, which will increase by 7% in FY 2024 and are anticipated to increase by another 7% in FY 2025. Staff recommends an overall increase of 7% across all customer classes per year, including all commercial and industrial customers. The proposed rate adjustments will allow the City to

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keep pace with the cost of sewer service collection, treatment, and disposal, including developing reserves to pay for upcoming capital costs, and ensure that costs are recovered equitably.

Water, Sewer, and Recycled Water connection fee analyses have also been prepared by Raftelis.

For recycled water connection fee, staff recommends the fee to be the same as the recommended water connection fee, as the City plans for expansion of the recycled water system and adding more customers.

Capacity charges are not subject to Proposition 218 requirements and were not included in the Proposition 218 notice. A separate notice of the proposed connection fee changes was sent to developers, Building Industry Association, and the Chamber of Commerce Government Relations Committee (GRC). Proposed connection fee adjustments information was posted on the City’s website and public hearing notice of the proposed adjustment was published on the newspaper.

BACKGROUND

At the April 18, 20231 work session, Council reviewed the proposed water, sewer, and recycled water rates and connection fees for FY 2024 and FY 2025. The work session staff report provides a discussion of the cost-of-service issues, revenue requirements and recommended rates. Key information from the work session report is summarized in the following discussion.

DISCUSSION

The City entered into an agreement with Raftelis to prepare the Water, Wastewater, and Recycled Water Rate Studies and Connection Fee Study, including development of a long-term

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6171589&GUID=3A570863-9132-4623-88CE-B72AAE236BB1

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financial plan, cost-of-service analysis, and rate recommendations consistent with industry standards and in compliance with Proposition 218, which, among other provisions, requires that property-related fees are commensurate with the cost of services received.

Water Rates
In summary, Cost of Service requirements are expected to increase by 10% in FY 2024 and 10% in FY 2025. Staff is recommending increases of 10% in fixed bimonthly service charges and water commodity rates across all customer classes in FY 2024 and FY 2025. As a result of these recommended changes, average residential users would see an overall increase of 10% in their water bills and non-residential users could see similar increases in their bills.

Proposition 218 requires that water rates be set to recover the costs of providing service and that one customer class does not subsidize another. The courts have confirmed that it is legal to have tiered rates, but there must be a nexus between the cost of service and rates, and justification for the tier breakpoints. Non-residential usage varies greatly depending on the business; thus it is appropriate and defensible to set the first tier based on average usage and a second tier for above-average usage. It is difficult to develop a basis for a third tier. Residential usage, although somewhat variable depending on the size of the home and the lot, tends to be more uniform and usage data can support three tiers. Information on Hayward’s largest water users by customer class is included in Attachment IV.

Two other notes of interest:
 The low-income bi-monthly service fee for single-family residential customers who meet certain income thresholds is proposed to be retained
 Drought surcharges are not needed at this time as the reservoirs have been replenished from recent storms and the State has recently rescinded some of the water use restrictions

Sewer Service Charge
The recommended sewer rates for FY 2024 include a 7% increase in revenue requirements, which is in part attributed to the global supply chain issues and inflation, escalating cost of supplies and services, such as chemicals for wastewater treatment. Staff is proposing increases of 7% in sewer rates for all customer classes in each of the two years.

As a result of these proposed changes, average single-family residential users would see an overall increase of 7% in their sewer bills in FY 2024, and 7% in FY 2025. The same percent increases are proposed for multi-family and mobile home community customers, as well as Lifeline and Economy customers. As a reminder, the reduced Lifeline and Economy rates are applied automatically to single-family residential bills when water usage in a billing period is 0-4 ccf or 5-8 ccf, respectively, compared with an estimated average discharge of 12 CCF from single- family homes. These rates are intended to encourage water conservation and reward customers who use low amounts of water.

Non-residential customers would see an average of 7% increase per year. For large industrial users, staff uses actual and anticipated sampling data to measure their impact and calculates appropriate rates based on their contribution to the wastewater system. Appropriate fees for other business customers, such as restaurants, are based on water consumption and standard waste strengths.

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Recycled Water Rates
Staff recommends continuing a rate structure that offers an incentive to utilize recycled water while adequately recovering costs over the life of the project. The cost-of-service analysis indicates increases of 35% in revenue requirements in FY 2024 and 10% in FY 2025, resulting in proposed adjustments to the fixed bimonthly service charges and the uniform tier commodity rate. Staff is proposing to charge the same bimonthly service charges as potable water. The recommended recycled water commodity rate at $6.76 per CCF is 23% lower than the proposed potable irrigation water rate at $8.80 per CCF for the first 170 CCF or 348 gallons per day, and 40% lower than proposed potable irrigation water rate at $11.20 for over 170 CCF.

Water, Sewer, and Recycled Water Connection Fees
The Connection Fee Study, prepared by Raftelis, indicates a 23% increase for water connection fee, a 102% increase for sewer connection fee, and a 425% increase for recycled water connection fee. Staff is recommending a phase-in approach for water and sewer connection fees, increasing 10% for water and 25% for sewer fees in the interest of maintaining the economic recovery and fostering business development. The water connection fee is determined by the water meter size required to meet the indoor demand, excluding fire service demand, and outdoor demand of the residence as determined by the City, based on fixture unit count. The sewer connection fee varies by the type of property. The proposed sewer connection fee for ADUs is proportionate to the average size of ADUs as compared to the average size of a Single Family Residential home in Hayward. For recycled water connection fee, staff is proposing to use the same recommended water connection fee for the minimal number of new recycled water customers, as the City plans for expansion of the recycled water system and adding more customers. Appropriate connection fees will be calculated after development of Recycled Water Master Plan.

Environmental Review
The California Environmental Quality Act (CEQA) includes an exemption of environmental review for revisions to rates and charges that are for the purpose of 1) meeting operating expenses; 2) purchasing or leasing supplies, equipment, and materials; 3) meeting financial reserve requirements; or 4) obtaining funds for capital projects necessary to maintain services and system reliability within existing service areas. No additional CEQA review is required.

ECONOMIC IMPACT

The typical single-family residential customer, with average bi-monthly water use of 12 ccf (150 gallons per day), will see an increase of $5.61 per month in water cost in the first year and $6.18 in the second year. Monthly sewer increases for single family customers would be $2.71 in the first year, and $2.90 in the second year. This is a total for all increases of $8.32 per month in the first year and a total of $9.08 per month in the second year.

In the case of multi-family rental properties with five or more units, tenants typically do not receive individual utility bills from the City as the account is listed under the property owner or property management. Each property determines and handles utility billing differently; some include utilities cost in the rent and some require separate payment. In terms of bill impact per unit, multifamily residential customers will see similar impact as the typical single-family.

Smaller apartment complexes between 5 to 10 units, with average bi-monthly water use of 110

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ccf (137 gallons per day per unit), will see an average increase of $5.15 per month per unit in water cost in the first year and $5.68 in the second year. Larger apartment complexes with more than 50 units, with average bi-monthly water use of 741 ccf (185 gallons per day per unit), will see an average increase of $6.91 per month per unit in water cost in the first year and $7.61 in the second year. Monthly sewer increases for multi-family customers would be $2.41 per unit in the first year, and $2.58 per unit in the second year.

Most commercial and industrial customers will see likewise increases in their utility bills.

Smaller businesses, such as mid-sized full service restaurants in downtown Hayward with average bi-monthly water use of 68 ccf (848 gallons per day), will see a monthly increase of $24.74 in water cost and $25.50 in sewer cost in the first year, and $27.28 in water cost and $27.20 in sewer cost in the second year. Medium size businesses, such as fast-food restaurants with average bi-monthly water use of 105 ccf (1,309 gallons per day), will see a monthly increase of $39.23 in water cost and $39.38 in sewer cost in the first year, and $43.25 in water cost and $42.00 in sewer cost in the second year. Large industrial businesses, such as food processing manufacturers with average bi-monthly water use of 1,331 ccf (16,594 gallons per day), will see an average monthly increase of $536.34 in water cost and $335.61 in sewer cost in the first year, and $590.07 in water cost and $359.11 in sewer cost in the second year. As a reminder, the sewer bill for large industrial businesses is calculated based on the actual water usage and the waste strength sampling data obtained by staff every other month. Hence, monthly sewer impact for the different industrial businesses varies by the type of business and their operations.

While staff recognizes that any rate increase will affect customers and should be minimized, it is critical that the City maintain reliable and robust utilities systems, in conformance with ever more stringent federal and state rules and regulations on the onset of the climate crisis, in the interest of economic viability, quality of life, and maintaining public health, and meeting increasingly stringent regulations.

FISCAL IMPACT

A detailed discussion of fiscal impacts on the Water, Wastewater, and Recycled Water Funds are included in the work session report2. In general, the proposed rate adjustments are needed to maintain reasonable reserves, manage emergency situations, and reduce the need for higher increases in the future. Water and Sewer connection fees support Capital Improvement Program (CIP) projects in the Water Improvement Fund and Sewer Improvement Fund. The revenues derived from Recycled Water Connections Fees will be deposited into the Water or Sewer Improvement Fund, as appropriate, to fund projects related to expanding or improving the Recycled Water System. There are no impacts on the General Fund related to water, sewer, and recycled water rate adjustments or connection fees.

STRATEGIC ROADMAP

The proposed rate adjustments align with the City’s current Strategic Priority of improved infrastructure by providing the funding necessary to maintain and improve the water distribution system, wastewater collection and treatment system, and recycled water treatment and distribution system. Reliable utility services support other priorities such as housing and

2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6171589&GUID=3A570863-9132-4623-88CE-B72AAE236BB1

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economic growth.

SUSTAINABILITY FEATURES

Water conservation programs, such as the high efficiency fixture replacement and lawn replacement rebate programs, are funded through water rate revenue and provide customers with the tools to assist them in efficiently managing water usage. These, and other conservation programs, will continue to be funded in FY 2024 and FY 2025 (projected annual budget of $300,000).

The proposed sewer rates will allow the City to continue to operate and maintain the sewer collection system and WPCF in a manner to meet all legal and regulatory requirements to protect public health and the environment. This includes supporting the upcoming WPCF Nutrient Management Project, which will enhance the quality of the wastewater discharged, to bring positive impact on protecting the health of the San Francisco Bay. The revenue derived from the proposed rates will also enable the City to continue funding the existing green and renewable energy generation systems at the WPCF and their expansion over time. The Lifeline and Economy Sewer Rates for low water use may contribute to sustainability by incentivizing water conservation and efficient water use.

The use of recycled water will reduce the demand for drinking water and improve the reliability and availability of drinking water, while providing a sustainable and drought-proof water supply for some irrigation and eventually industrial uses. It will also reduce the volume of wastewater and associated nutrients and residual pollutants discharged to San Francisco Bay, which is required to meet increasingly stringent discharge regulations.

PUBLIC CONTACT

With the Council’s concurrence with the proposed rates, staff implemented the legal noticing requirements of Proposition 218, which mandates written notice of the proposed rates to all affected property owners at least forty-five days in advance of the public hearing. Although not required, in instances where a party other than the property owner is the account holder of record, notices were also sent to account holders. The notice described the proposed increases and listed current and proposed rates, and the property owners’ right to protest the rates. Staff have responded to the protest letters received to date with information on low-income discounts if the letter indicates any financial hardship. Council may not take action on the rates if a majority of affected property owners file, about 19,000, written protests. Staff will report on the number of written protests received by the City Clerk at the close of the public hearing.

In addition to the Proposition 218 notifications, the public hearing notice was published twice in the Daily Review on June 2 and June 9, and on the City’s website.

Capacity charges are not subject to Proposition 218 requirements and was not included in the Proposition 218 notice. However, a notice of the proposed connection fee changes was sent to developers, Building Industry Association, and the Hayward Chamber of Commerce Government Relations Council (GRC). Staff also presented the proposed connection fee adjustment to the Hayward Chamber of Commerce GRC at their June 2, 2023 meeting and responded to questions.

Information was also posted on the City’s website. A public hearing notice was published in the

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Daily Review on June 2 and on the City’s website.

NEXT STEPS

If approved, the new rates would be effective on October 1, 2023, and October 1, 2024. Prior to these dates, staff will include notices in utility bills to inform customers about the rate adjustments, and will update the website with the approved rates.

Prepared by: Elli Lo, Senior Management Analyst
Recommended by: Alex Ameri, Director of Public Works

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AMENDING THE MASTER FEE SCHEDULE AND APPROVING

WATER, SEWER, AND RECYCLED WATER RATES

WHEREAS, Section 15273 of the California Environmental Quality Act Guidelines states that CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares and other charges by public agencies which the public agency finds are for the purpose of:

1. Meeting operating expenses, including employee wage rates and fringe benefits,

2. Purchasing or leasing supplies, equipment or materials,

3. Meeting financial reserve needs and requirements, or

4. Obtaining funds for capital projects necessary to maintain service within existing service areas.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby finds and determines that this action is exempt from CEQA based on the foregoing provisions.

BE IT FURTHER RESOLVED that the City Council of the City of Hayward hereby amends the Master Fee Schedule and approves the following water, sewer, and recycled water rates of the City of Hayward, a copy of which is on file in the Office of the City Clerk.

The approved water, sewer, and recycled water rates shall be effective on October 1, 2023 and October 1, 2024, as shown.

Water Usage Rates

The water usage tiers and rates, based on consumption per hundred cubic feet (ccf), shall be as follows:

Usage Rate/ccf Rate/ccf
Oct 1, 2023 Oct 1, 2024
Residential Rates
Single Family 1 - 8 ccf $6.86 $7.55
Multi-family (based on 9 - 18 ccf $8.14 $8.96
average usage per >18 ccf $10.00 $11.00
dwelling unit)

Non-Residential 1 – 110 ccf $7.44 $8.19
>110 ccf $8.74 $9.62

Irrigation 1 – 170 ccf $8.80 $9.68
>170 ccf $11.20 $12.32

ATTACHMENT II

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Hydrant All usage $8.29 $9.12

Meter Service Charges

The bimonthly standard meter service charge for all meters (except temporary service for construction work), based on size of meter, shall be as follows:

Oct 1, 2023 Oct 1, 2024
⅝” meter $35.45 $39.00
¾" meter $49.46 $54.41
1” meter $77.50 $85.25
1 ½" meter $147.58 $162.34
2” meter $231.68 $254.85
3” meter $497.97 $547.77
4” meter $890.41 $979.46
6” meter $1,829.46 $2,012.41
8” meter $3,931.80 $4,324.98
10” meter $5,894.00 $6,483.40

The bimonthly fire service charges shall be as follows:

Oct 1, 2023 Oct 1, 2024
⅝” meter $7.54 $8.30
¾" meter $7.63 $8.40
1” meter $7.86 $8.65
1½" meter $8.68 $9.55
2” meter $10.12 $11.14
3” meter $15.29 $16.82
4” meter $24.19 $26.61
6” meter $56.12 $61.74
8” meter $111.19 $122.31
10” meter $194.03 $213.44

Meter Service Charge for Low Income Customers

Notwithstanding any other provision of the Hayward Municipal Code, Chapter 11, Article 2, the bimonthly meter service charge for Low Income Customers shall be applied by this subsection to any customer that:

(a) Meets the City income guidelines as defined in the All City Departments section of the Master Fee Schedule; and
(b) Files with the Revenue Division of the Finance Department a discount application and adequate documentary evidence showing that the applicant meets the provision of subparagraph (a).

ATTACHMENT II

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The bimonthly meter service charge for Low Income Customers with a standard service (⅝”, ¾", and 1”) shall be as follows:

Oct 1, 2023 Oct 1, 2024
⅝” meter, low income $12.41 $13.66
¾” meter, low income $17.32 $19.06
1” meter, low income $27.13 $29.85

Sewer Service Charges

Residential Service Monthly Charge Monthly Charge Oct. 1, 2023 Oct. 1, 2024
Standard Residential Unit $41.29 $44.19
Duplex, Triplex, Fourplex (per unit) $41.29 $44.19
Multi-Family (per unit) $36.75 $39.33
Mobile Home (per unit) $28.91 $30.94
Economy (5 to 8 units of metered water usage) $19.34 $20.70 Lifeline (0 to 4 units of metered water usage) $9.68 $10.36

Non-Residential Service – Critical Users
Constituent/Unit Sewer Service Charge Sewer Service Charge Oct. 1, 2023 Oct. 1, 2024
Flow – Cost per 100 cubic feet (ccf) $3.45161 $3.69322 Biochemical Oxygen Demand – Cost per pound $0.82296 $0.88057 Suspended Solids - Cost per pound $1.10603 $1.18346

Non-Residential Service – Coded Users
Customer Classification Sewer Service Charge Sewer Service Charge Per ccf Per ccf
(with irrigation meter) (without irrigation meter)
Oct. 1, 2023 Oct. 1, 2024 Oct. 1, 2023 Oct. 1, 2024 Other/Commercial/Government $7.46 $7.99 $6.72 $7.20 Restaurant (w/grease interceptor) $9.75 $10.44 $8.78 $9.40 Restaurant (w/o grease interceptor) $12.63 $13.52 $11.37 $12.17 Commercial Laundries $7.54 $8.07 $6.78 $7.26
Bakeries $12.86 $13.77 $11.57 $12.38
Industrial Laundries $11.71 $12.53 $10.53 $11.27
Beverage Bottling $7.61 $8.15 $6.85 $7.33
Food Manufacturing $28.35 $30.34 $25.51 $27.30
Meat Products $14.36 $15.37 $12.93 $13.84
Slaughterhouse $16.53 $17.69 $14.88 $15.93
Dairy Product Processors $11.85 $12.68 $10.66 $11.41 Canning and Packing $8.44 $9.04 $7.59 $8.13
Grain Mills $11.12 $11.90 $10.01 $10.72
Fats and Oils $8.01 $8.58 $7.21 $7.72
Pulp and Paper Manufacturing $9.76 $10.45 $8.78 $9.40 Inorganic Chemicals $13.56 $14.51 $12.21 $13.07
Paint Manufacturing $21.14 $22.62 $19.03 $20.37

ATTACHMENT II

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Leather Tanning $27.84 $29.79 $25.04 $26.80
Fabricated Metal $4.03 $4.32 $3.63 $3.89

Recycled Water Meter Service Charges

The bimonthly standard recycled water meter service charge for all recycled meters, based on size of meter, shall be as follows:

Oct 1, 2023 Oct 1, 2024
⅝” meter $35.45 $39.00
¾" meter $49.46 $54.41
1” meter $77.50 $85.25
1½" meter $147.58 $162.34
2” meter $231.68 $254.85
3” meter $497.97 $547.77
4” meter $890.41 $979.46
6” meter $1,829.46 $2,012.41
8” meter $3,931.80 $4,324.98
10” meter $5,894.00 $6,483.40

Recycled Water Usage Rate

Rate/CCF Rate/CCF
Oct. 1, 2023 Oct. 1, 2024
Uniform Tier $6.76 $7.44

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-

Introduced by Council Member __________

RESOLUTION AMENDING THE MASTER FEE SCHEDULE AND APPROVING

WATER, SEWER, AND RECYCLED WATER CONNECTION FEES

1. Meeting operating expenses, including employee wage rates and fringe benefits,

2. Purchasing or leasing supplies, equipment or materials,

3. Meeting financial reserve needs and requirements, or Obtaining funds for capital projects necessary to maintain service within existing service areas.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby finds and determines that this action is exempt from CEQA based on the foregoing provisions.

BE IT FURTHER RESOLVED that the City Council of the City of Hayward hereby amends the Master Fee Schedule and approves the following water, sewer, and recycled water connection fees of the City of Hayward, a copy of which is on file in the Office of the City Clerk. The approved water, sewer, and recycled water connection fees shall be effective on September 1, 2023, as shown.

Water Connection (or Facilities) Fee

(1) Residential

The facilities fee will be based on the water meter size required to meet the indoor demand (excluding fire service demand) and outdoor demand of the residence as determined by the City, based on fixture unit count. The meter that is installed may be larger than the meter facilities fee that is charged if the service is combined with a private fire service. For multi- family complexes, the facilities fee will be based on the water meter size required to meet the indoor demand for each dwelling unit, as determined by the City, regardless of the arrangement of water meters or meter sizes at the premises.

(a) ⅝" meter $7,133.00
(b) ¾" meter $10,703.00
(c) 1" meter $17,831.00

ATTACHMENT III

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(2) Non-residential, each separate irrigation service, and each residential unit with meter size larger than 1”

(a) ⅝" meter $7,133.00
(b) ¾" meter $10,703.00
(c) 1" meter $17,831.00
(d) 1 ½" meter $35,662.00
(e) 2" meter $57,057.00
(f) 3" meter $114,114.00
(g) 4" meter $178,310.00
(h) 6" meter $356,620.00
(i) 8" meter $570,592.00
(j) 10" meter $820,226.00

(3) Fire Service, per service regardless of size $7,133.00

For reference, below is the fixture unit count and its corresponding equivalent meter size.

Equivalent Meter Size Calculation
Total Fixture Unit Count Corresponding
Equivalent Meter Size
Maximum Flow Capacity
(GPM)
0-23 ⅝" 15

23.5-40 ¾" 25

40.5-85 1" 40

85.5-150 1½" 80

Sewer Connection Fees

(1) Single family, duplex, triplex, and fourplex residential units, townhouses, and planned developments
$9,625.00
(2) Multi-family, high density residential, and mobile homes, each residential unit
$8,567.00
(3) Accessory Dwelling Units (ADUs, where applicable), each unit $3,850.00 (4) Commercial, industrial, institutional and all other connections:

Per gallon of daily capacity required to serve the user $26.89 Per pound per year of carbonaceous biochemical oxygen demand (cBOD) $10.66 Per pound per year of suspended solids (SS) $11.47
Minimum charge $9,625.00

For the purposes of calculating non-residential sewer connection fees, carbonaceous biochemical oxygen demand (CBOD) and suspended solids (SS) will be reduced by 70% of the estimated actual concentrations in discharge, but not lower than the CBOD and SS for domestic wastewater, that is, 307 milligrams per liter and 258 milligrams per liter respectively. The property will be entitled to discharge CBOD and SS commensurate with the actual estimated concentrations. The volume component will not be reduced and will

ATTACHMENT III

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be charged at 100% of the estimated actual daily discharge. The CBOD and SS reduction is applicable only to an estimated daily discharge of 50,000 gallons or less. Discharge in excess of 50,000 gallons per day from a facility will be subject to a sewer connection fee based on full CBOD and SS concentrations. This provision will be in effect through September 30, 2025.

Recycled Water Connection Fee

(1) The recycled water connection fee will be based on the recycled water meter size required to meet the recycled water demand of the property as determined by the City.

(a) ⅝" meter $7,133.00
(b) ¾" meter $10,703.00
(c) 1" meter $17,831.00
(d) 1½" meter $35,662.00
(e) 2" meter $57,057.00
(f) 3" meter $114,114.00
(g) 4" meter $178,310.00
(h) 6" meter $356,620.00
(i) 8" meter $570,592.00
(j) 10" meter $820,226.00

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 IV
Top Water Users by Customer Class in 2022
Residential
1 GLEN EDEN GARDEN HOMES ASSOCIATION
2 PARK ORCHARD APARTMENTS
3 ALVISTA AT THE BRIDGE APARTMENTS
4 ESSEX PORTFOLIO LP (City View Apartments)
5 MONTEREY COAST LP (Spanish Ranch Mobile Home Park)
6 NEW ENGLAND MOBILE HOME PARK
7 CALIFORNIA COMMUNITY HOUSING AGENCY
8 LORD TENNYSON APARTMENTS
9 GEORGIAN MANOR MOBILE HOME PARK
10 GLEN OAKS APARTMENTS

Commercial & Industrial
1 STONEBRAE CLUB PARTNER LLC
2 BOTTLING GROUP LLC (PEPSI-COLA)
3 SHASTA BEVERAGE
4 COLUMBUS MANUFACTURING INC
5 ROHM & HAAS COMPANY
6 DISCOVERY FOODS LLC
7 BALCH BUSINESS CENTER IV (Plaza at 30997 Huntwood Ave) 8 PROLOGIS
9 Plaza at 24790 Amador St
10 RUSSELL CITY ENERGY CENTER

Institutional
1 HAYWARD UNIFIED SCHOOL DISTRICT
2 HAYWARD AREA RECREATION AND PARK DISTRICT
3 CALIFORNIA STATE UNIVERSITY, EAST BAY
4 CITY OF HAYWARD
5 ALAMEDA COUNTY
6 CHABOT COLLEGE
7 BAY AREA RAPID TRANSIT
8 NEW HAVEN UNIFIED SCHOOL DISTRICT
9 EDEN AREA REGIONAL OCCUPATIONAL PROGRAM CENTER
10 STATE OF CALIFORNIA

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-027
DATE: June 20, 2023
TO: Mayor and City Council
FROM: City Manager
Acting Chief of Police
SUBJECT: Military Equipment Use Policy: Review of HPD’s Annual Military Equipment Use Report July 2022 - March 2023 and Annual Renewal of an Ordinance Approving Military Equipment Use Policy No. 706 Regarding the Hayward Police Department’s Funding, Acquisition, and Use of “Military Equipment,” as Defined by Assembly Bill 481

RECOMMENDATION
That the Council renews Ordinance 22-06 (Attachment II), reviews Hayward Police Department’s (HPD) Annual Military Equipment Use Report for July 2022 - March 2023 (Attachment III), and renews the HPD’s Military Equipment Use Policy (Attachment IV). Additionally, the ordinance authorizes the HPD to continue to use the equipment in its inventory (Attachment V), purchase additional and/or replacement equipment, and remain enrolled in the Law Enforcement Support Office (LESO) Program.

SUMMARY
On January 1, 2022, Assembly Bill (AB) 481, which governs the funding, acquisition, and use of military equipment by law enforcement agencies in the State of California, went into effect. AB 481 specifically requires all law enforcement agencies in California to obtain the approval of their respective governing bodies before funding, acquiring, or using equipment now defined under AB 481 as “military equipment.” As the governing body for the HPD, Council is tasked with reviewing and approving, via ordinance at a public meeting, a policy consistent with the requirements in AB 481. The purpose of this staff report is to present information to the Council regarding the ordinance and the relevant equipment currently in the HPD’s inventory. Additionally, this staff report will highlight HPD’s community engagement efforts and provide recommendations to renew the ordinance.

If Council does not renew the ordinance, the HPD must cease the use of all equipment defined as “military equipment.” Such a decision would be detrimental to the HPD and the safety of community members and officers alike, as explained further in this report.

In addition, HPD is also asking for approval from Council to remain enrolled in the Law Enforcement Support Office (LESO) Program.

CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:LB 23-027

ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance 22-06
Attachment III Annual Military Equipment Use Report
Attachment IV Military Equipment Use Policy
Attachment V Inventory List
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: City Manager
Acting Chief of Police

SUBJECT: Military Equipment Use Policy: Review of HPD’s Annual Military Equipment Use Report July 2022 – March 2023 and Annual Renewal of an Ordinance Approving Military Equipment Use Policy No. 706 Regarding the Hayward Police Department’s Funding, Acquisition, and Use of “Military Equipment,” as Defined by Assembly Bill 481

RECOMMENDATION

That the Council renews Ordinance 22-06 (Attachment II), reviews Hayward Police Department’s (HPD) Annual Military Equipment Use Report for July 2022 – March 2023 (Attachment III), and renews the HPD’s Military Equipment Use Policy (Attachment IV).

Additionally, the ordinance authorizes the HPD to continue to use the equipment in its inventory (Attachment V), purchase additional and/or replacement equipment, and remain enrolled in the Law Enforcement Support Office (LESO) Program.

SUMMARY

On January 1, 2022, Assembly Bill (AB) 481, which governs the funding, acquisition, and use of military equipment by law enforcement agencies in the State of California, went into effect. AB 481 specifically requires all law enforcement agencies in California to obtain the approval of their respective governing bodies before funding, acquiring, or using equipment now defined under AB 481 as “military equipment.” As the governing body for the HPD, Council is tasked with reviewing and approving, via ordinance at a public meeting, a policy consistent with the requirements in AB 481. The purpose of this staff report is to present information to the Council regarding the ordinance and the relevant equipment currently in the HPD’s inventory. Additionally, this staff report will highlight HPD’s community engagement efforts and provide recommendations to renew the ordinance.

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In addition, HPD is also asking for approval from Council to remain enrolled in the Law Enforcement Support Office (LESO) Program.

BACKGROUND

On September 30, 2021, Governor Newsom signed into law a series of eight (8) pieces of policing reform legislation aimed at increasing transparency around policing. AB 481 was one of those pieces of legislation. AB 481, which became effective on January 1, 2022, was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have deemed to be “military equipment.” AB 481, codified in California Government Code Section(s) 7070 through 7075, required law enforcement agencies to “commence a governing body approval process,” for the adoption of a military equipment use policy by ordinance, in a public forum, by May 1, 2022, to continue the use of previously acquired “military equipment.” The bill also required approval, by the governing body in a public forum, before a law enforcement agency could fund, acquire, or use new “military equipment.”

Moreover, the bill required annual public review and approval actions by the governing body to continue the use of “military equipment.” The bill also required the City to host an annual community meeting regarding the agency’s use of “military equipment” under the bill.

These requirements are more specifically outlined below.

These types of equipment, as well as others considered “military equipment” under AB 481, are commonly used, and employed by law enforcement agencies across the country to enhance community members’ and officers’ safety.

AB 481 “Military Equipment”:

The following law enforcement equipment is now deemed to be “military equipment” as defined in AB 481 and Government Code §7070(c):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected vehicles or armored personnel carriers.

3. Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

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8. Firearms of .50 caliber or greater. Standard-issue shotguns excluded.

9. Ammunition of .50 caliber or greater. Standard-issue shotgun ammunition is excluded.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, except for standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls.”

13. Taser Shockwave, microwave weapons, water cannons, and Long-Range Acoustic Devices (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM)weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

A current list of equipment (Attachment V) contained in HPD’s inventory is attached to this staff report. The HPD does not currently utilize some of the equipment on the above list – the list in (Attachment V) identifies under which category from the above list HPD’s equipment falls.

AB 481 Legal Requirements:

To continue to use, seek funding for, or acquire any of the above equipment, a law enforcement agency must obtain approval from its governing body (the City Council) “by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant” to the Brown Act. Gov’t Code. § 7071(a)(1). The law enforcement agency must “commence” the “governing body approval process,” in accordance with AB 481 § 7071(a)(2). The process is “commenced” by “Submission of the proposed military equipment use policy to the governing body.” Id. Once the proposed policy is provided to the governing body, the governing body (City Council) has 180 days to approve the continuing use of military equipment, including by adoption of the proposed policy. Id. If the use of military equipment and the proposed policy are not approved within that timeframe, the agency must cease all use of such equipment until such approval is received. Id.

For transparency purposes, the bill requires that the proposed policy (to be submitted to the governing body for approval), be made available “on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.” § 7071(b). Moreover, the governing body (City Council) is required to consider the proposed policy, “as an agenda item for an open session of a regular meeting and provide for public comment in accordance with” the Brown Act. § 7071(c).

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The proposed policy, must, at a minimum, contain the following: (1) a description of each type of military equipment, quantity sought, its capabilities, expected lifespan, and product descriptions from manufacturer; (2) the purposes and authorized uses for which the agency proposes to use each type of equipment; (3) the fiscal impact of each type of equipment, including initial costs of obtaining the equipment and the estimated annual cost for maintaining the equipment; (4) the legal and procedural rules that govern each authorized use; (5) the training that must be completed before an employee is allowed to use each type of equipment; (6) the mechanisms in place to ensure compliance with the policy, including which independent persons or entities have oversight/authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy; and (7) the procedures by which members may register complaints or concerns about the use of equipment and how the agency will ensure the complaints or concerns are received and responded to in a timely manner. HPD’s Military Equipment Use Policy is included with this memo as Attachment IV. § 7070(d).

In reviewing the proposed policy, the City Council shall only approve the policy if it determines the following: (1) the equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) the equipment, if being purchased, is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (4) prior military equipment use complied with the military equipment use policy that was in effect at the time, or if it did not, corrective action has been taken to remedy nonconforming uses and ensure future compliance. § 7071(d)(1).

Following the approval of any such policy, the proposed or final policy must be made publicly available on the law enforcement agency’s website for as long as the military equipment is available for use. §7071(d)(2).

Moreover, the law enforcement agency must submit, to the City Council, within a year of approval, and annually thereafter for as long as the military equipment is available for use, a “military equipment report for each type of military equipment approved by the governing body.” § 7072. The report must include the following information: (1) A summary of how the military equipment was used and the purpose of its use; (2) a summary of complaints or concerns received regarding military equipment; (3) the results of internal audits, any information about violations of the Policy, and actions taken in response; (4) the total annual cost for each piece of equipment, including the cost of acquisition, personnel, training, transportation, maintenance, storage, upgrade, ongoing costs and information about where source funds will be provided from in the calendar year following the submission of the annual report; (5) the quantity of each type of equipment possessed; and (6) whether the agency intends to acquire additional military equipment next year and the quantity sought for each. Id.

Within 30 days of submitting and publicly releasing the annual military equipment report,

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the law enforcement agency must hold “at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report” and the funding/use of equipment. § 7072(b)

Additionally, the City Council must review the ordinance that it has adopted, approving of the funding, acquisition, or use of military equipment, at least annually, and vote on whether to renew the ordinance at a regular meeting held pursuant to the Brown Act. § 7071(e)(1). During the review process, the City Council must determine, based on the military equipment report submitted under § 7072, whether each type of military equipment in the report has complied with the standards for approval set forth in §7071(d)(1). §7071(e)(2). If it determines a type of equipment identified in the report has not complied with the standards for approval, the City Council must either disapprove of the renewal or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

Review of AB 481 Action Taken by Council in 2022

On June 21, 2022, the Council was presented with HPD’s military equipment use policy for review, and on July 5, 2022, Council approved the policy through the adoption of the ordinance at a regular meeting where public comment was allowed. In accordance with AB 481, the proposed policy was made available on HPD’s website1 30 days prior to June 21, 2022.

Action Taken by HPD in 2023 to Satisfy the Annual Requirements of AB 481

On May 2, 2023, HPD’s Annual Military Equipment Use Report was added to the HPD’s website. The following day, May 3, 2023, the HPD held a community engagement meeting using the Zoom platform where a presentation on HPD’s Annual Military Equipment Report was conducted and community members were allowed to participate through discussion and asking questions. This meeting was recorded and can be viewed by community members on the HPD website.

DISCUSSION

By its very nature, law enforcement is an increasingly difficult and dangerous job. History has shown that armed encounters between law enforcement officers in the United States and heavily armed, violent offenders can be traced back to the prohibition era of the 1920s.

During this time, communities were impacted by offenders and organized crime groups who were often armed with automatic weapons, wearing body armor, and using military style tactics to commit offenses (e.g., bank robberies, shootings, etc.). Since that time, law enforcement officers continued encountering heavily armed individuals and groups who were willing to engage in armed confrontations. Traditional methods of law enforcement response

1 Military Equipment Use Policy: funding, acquisition, and use | City of Hayward - Official website (hayward- ca.gov)

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placed officers and community members at risk, so new equipment and methods of response had to be developed.

In addition to increased contacts with heavily armed, violent offenders, high-profile international, state, and local incidents contributed to the evolution of law enforcement response and equipment. While this is certainly not an exhaustive list, below are several incidents that led to changes in methods of response and equipment for law enforcement agencies in the United States, including the HPD:
- Los Angeles, California: In the 1960s, the first Special Weapons and Tactics (SWAT) Team was formed in response to several incidents involving snipers firing upon community members and officers during rioting.
- Munich, Germany: Multiple Israeli athletes were killed during a hostage taking in the Olympic Village during the 1972 Olympic Games in Munich, Germany. During a failed rescue attempt, 9 hostages were killed as the German Police were not trained or equipped to deal with such a sophisticated threat.
- Hayward, California: In the mid-1970s, HPD officers responded to a call for service and were fired upon by a subject armed with a high-powered rifle. A 72-hour stand-off ensued after the subject barricaded himself inside his residence and HPD officers were not trained or equipped to deal with such a sophisticated threat. Some HPD officers were sent to retrieve their personal hunting rifles as they were not able to get close enough to the residence without being fired upon. This led to the creation of the HPD’s Special Response Unit (SRU).
- Los Angeles, California: Two subjects, armed with high-powered rifles and body armor, robbed a bank in the North Hollywood neighborhood of Los Angeles. LAPD officers, armed only with pistols, revolvers, and shotguns, were considerably outmatched as the subjects were armed with AK-47 and AR-15 style rifles, which can defeat body armor. In total, nearly 2,000 rounds were fired, 12 LAPD officers were shot, eight community members were shot, and both subjects were ultimately killed after LAPD officers retrieved rifles from a nearby firearms dealer. After this incident, every law enforcement agency in the United States moved to equip officers with carbine rifles. - Uvalde, Texas: A subject, armed with an AR-15 style rifle, shot his grandmother, then drove to an elementary school where he shot multiple students and school staff members in one of the deadliest school shootings in United States history. In total, 19 students and two teachers were killed, and 17 others were critically wounded. The law enforcement response is being investigated by the Department of Justice and has sparked debate regarding methods of response and “military equipment.”

In addition to these historical events, recent national events have highlighted the need to continually evaluate methods of response and to maintain “military equipment” in the HPD’s inventory, including the following:
- Monterey Park, California (January 21, 2023): A subject, in the aftermath of a Lunar New Year Celebration, entered a dance studio and shot multiple people with a “variant of a MAC-11” with an extended, high-capacity magazine. In total, 11 people died and 10 were injured.

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- Half Moon Bay, California (January 23, 2023): A subject shot and killed 5 men and 2 women, and injured another man, at 2 separate locations before being located in his vehicle and arrested by San Mateo County Sheriff’s Deputies.

According to The Gun Violence Archive, there have been 279 mass shootings in the United States this year (as of June 7, 2023), which the website describes as shooting incidents where at least four people were killed or wounded.

Additionally, the following statistics from 2022 were shared during several community engagement events:
- According to a study published by the FBI in April 2023, there were 50 active shooter events in the United States in 2022 (a 18% decrease from 2021 and a 66.7% increase from 2017).
- HPD officers responded to 97 calls for service in 2022 where a firearm was shot, either striking a person or an object (car, residence), or attempting to strike a person and missing.
- HPD officers seized 203 firearms in the City of Hayward in 2022, an increase from 2021.

In May of 2023, multiple countries, including Canada, Australia, and the U.K, issued United States travel warnings due to increased gun violence. According to the Newsweek article, only 4 percent of all homicides in the U.K. are gun-related killings compared to 13 percent in Australia, 37 percent in Canada, and 79 percent in the United States.

Now, perhaps more than ever, law enforcement officers must have access to equipment that will allow them to perform their duties safely and to address sophisticated threats like those highlighted in the examples above. Much of the equipment listed in AB 481 and included in the HPD’s inventory is needed to address some of the critical incidents our community members expect us to safely resolve, such as:

- High-risk offender apprehension
- Barricaded subjects
- Hostage rescue
- Dignitary protection
- Crowd control
- Active shooter response

At the same time, it is critically important that a balance is struck between providing law enforcement officers with the equipment they need and the need to ensure accountability for its use. It is incumbent upon law enforcement agencies to develop appropriate policies, procedures, and training to ensure such equipment is being used properly. The HPD’s equipment inventory (Attachment V) is governed by policies and procedures and can only be used by HPD officers who have met all training requirements. Much of the equipment listed in HPD’s inventory can only be used by members of the SRU during critical incidents and only after SRU members have been trained and have shown proficiency.

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It should be noted that much of the equipment listed in AB 481 has never been in HPD’s inventory nor has HPD sought to acquire it. These categories include:

- Category 3 (Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached) - Category 4 (Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion) - Category 6 (Weaponized aircraft, vessels, or vehicles of any kind.) - Category 8 (Firearms of .50 caliber or greater. Standard issue shotguns excluded.) - Category 9 (Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is excluded.)
- Category 11 (Any firearm or firearm accessory that is designed to launch explosive projectiles.)
- Category 13 (Taser Shockwave, microwave weapons, water cannons, and the Long- Range Acoustic Device (LRAD).

HPD “Military Equipment” Usage

The following data includes the uses of the items contained in the HPD equipment inventory for the period of 7/5/2022 – 4/1/2023:

- Robot (3)
- Unmanned Aircraft Systems (70)
- Armored Personnel Carrier (9)
- Command and Control Vehicle (3)
- Breaching Shotgun (0)
- Carbine Rifles / Precision and Long Rifles (0)
- Noise and Flash Diversionary Devices (12)
- CS/OC Munitions (1)
- FN 303 Less Lethal Launcher (0)
- 40 mm Less Lethal Launcher (0)
- Specialty Ammunition (0)

Community Engagement Efforts

As part of the HPD’s ongoing efforts to be transparent, provide information, and engage the community in dialogue regarding AB 481 and the “military equipment” contained in the HPD’s equipment inventory, the following steps have been taken:

- On April 11, 2022, the HPD and City staff created an informational page, which is prominently displayed on the front of the HPD website and contains information regarding AB No. 481, the HPD’s equipment inventory, and policy documents. - A Council Work Session was held on April 26, 2022, during which the provisions set forth in AB no. 481, the HPD’s equipment inventory, and draft policy documents were discussed with the Council. This Council Work Session was a public meeting, which

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included a public comment period and provided a space for Council members to engage in dialogue with HPD staff regarding “military equipment.” - The HPD held virtual community engagement meetings on May 26, 2022, and June 6, 2022, during which information regarding the HPD’s equipment inventory was shared, questions were asked and answered, and community members expressed concerns and shared perspectives on the impacts of possessing “military equipment.” These meetings were recorded and can be viewed by community members on the HPD website.
- The HPD held an in-person community engagement event at the North Resource Center on June 11, 2022, during which HPD’s “military equipment” was displayed and HPD staff members were present to engage in dialogue with community members. - The HPD created an informational video regarding AB 481 and the HPD’s equipment inventory, which can be viewed by community members on the HPD website. - The HPD held a virtual community engagement meeting on May 3, 2023, during which information regarding the HPD’s July 2022-March 2023 Annual Military Equipment Use Report was shared, questions were asked and answered regarding the report. The meeting was recorded and can be viewed by community members on the HPD website2.

Additionally, the HPD specifically provided final drafts of the proposed Military Equipment Use Policy, the ordinance, and the HPD equipment inventory prior to the June 21, 2022 City Council meeting to the following community groups:

- The Community Advisory Panel (CAP) to the Chief of Police - The Hayward Community Coalition
- The Hayward Concerned Citizens

Community Feedback

During conversations and written feedback regarding AB 481, the Military Equipment Use Policy, the HPD equipment inventory, and the HPD’s Annual Military Equipment Use Report, there were several themes and concerns that surfaced. These themes and concerns included the following:

- Concerns Regarding the Inclusion of CS (commonly referred to as “tear gas”) in the HPD’s inventory:

CS, or “tear gas”, is equipment commonly possessed by law enforcement agencies across California and the United States. It is a less-lethal force option designed for use during high-risk incidents, including riots and certain critical incidents (e.g., barricaded subjects, tactical operations, etc.). The use of CS during such high-risk incidents is strictly governed by HPD policy, AB 48, and California Penal Code Section 13652 and can only be used during qualifying incidents with the approval of an Incident

2 Military Equipment Use Policy: funding, acquisition, and use | City of Hayward - Official website (hayward- ca.gov)

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Commander. Additionally, there is no effective alternative to CS the HPD, or any other California law enforcement agency, is aware of.

- Concerns Regarding the International Chemical Weapons Convention Ban on the Use of Riot Control Agents (RCAs) During Warfare:

According to the International Committee of the Red Cross (ICRC), the 1925 Geneva Convention led to the adoption of the Geneva Gas Protocol as international law and prohibits the use of asphyxiating, poisonous, or “any other” gases during war (the protocol does not specifically list CS or other gases). Additionally, according to the Organization for the Prohibition of Chemical Weapons (OPCW), the International Chemical Weapons Convention (CWC) confirmed the restriction of using “riot control agents (RCAs),” which are defined as “any chemical…which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure (Article II (7)),” as methods of warfare.

However, Article II (9) provides for “Purposes Not Prohibited Under This Convention” and includes an exception for the use of RCAs by law enforcement for domestic riot control purposes (Article II (9)(d)), among others. Additionally, the UN, including the United States Military, has used RCAs during riots while assigned to peacekeeping missions. Further, the United States Naval Handbook acknowledges the international agreement to prohibit the use of RCAs as “methods of warfare,” but notes the CWC does not define that term (Section 10.3.2). The United States Naval Handbook also provides for the use of RCAs, with presidential approval, in “defensive military modes to save lives,” including “riot control situations in areas under effective U.S. military control, to include rioting prisoners of war (Section 10.3.2.1).”

- Concerns Regarding the HPD’s Use of “Military Equipment” During Protests/Demonstrations:

There exists a legal distinction between a protest or demonstration, which is a public expression of disapproval and is an individual right granted under the First Amendment of the United States Constitution’s Bill of Rights, and a riot. According to the California Penal Code Section 404(a), a riot is defined as “any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without the rule of law.” As such, the HPD would not use “military equipment,” including CS, during a protest or demonstration nor would “military equipment” be used indiscriminately on a crowd. Additionally, there exist HPD policies that restrict the use of “military equipment” during protests or demonstrations as a matter of routine and several statutes that clearly define the circumstances under which CS can be used in a riot (e.g., AB 48, California Penal Code Section 13652, etc.).

- Concerns Regarding the HPD’s “Military Equipment” Inventory Volume and Current Deployment Model:

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The HPD’s equipment inventory volume, particularly the number of carbine rifles, rounds of ammunition, and CS/OC munitions, are based upon annual anticipated operational and training needs. Because the HPD cannot predict when or where critical incidents will happen, the HPD has carbine rifles in every patrol vehicle and motorcycle in the field, which has been a standard deployment model for years among California law enforcement agencies. In addition, the HPD maintains a pool of carbine rifles for training and to replace those pulled from service for maintenance or repairs.

Ammunition needs are assessed annually and take into account projected training, including continuous professional training (CPT), SRU training, hiring (lateral officers and trainees in the academy), etc. CS/OC munitions have a five-year shelf life and, once they reach that point, they are used for training and replaced. The HPD often maintains overstock on these items as experiencing supply chain, shipping, or product manufacturing delays is commonplace, as we compete with other law enforcement agencies and the military when purchasing this equipment.

- Authorization for the Use of “Military Equipment”:

Most of the items included in the HPD’s equipment inventory are specifically maintained and used by the SRU during high-risk, critical incidents. Like the HPD, the SRU has a hierarchical structure, with a Commander (Lieutenant), Assistant Commander (Sergeant), and Team Leaders (Sergeants). When critical incidents occur, including those that don’t rise to the level of an SRU activation, the HPD utilizes the Incident Command Structure (ICS) where a Lieutenant is designated as the Incident Commander with operational control over HPD’s response. Authorization to use the “military equipment,” including the robot, UAS, command and control vehicles, breaching shotgun, NFDDs, chemical agents, or specialty impact munitions, rests with the Incident Commander and/or the Tactical Commander.

- Requests to Incorporate Exclusionary Language and Relevant Policy/Statute References in the Military Equipment Use Policy:

During the community engagement events referenced above, two specific requests surfaced regarding the HPD’s Military Equipment Use Policy (Policy 706). The first was to incorporate exclusionary language in the Military Equipment Use Policy to address the categories of “military equipment” not contained in the HPD’s inventory. In response to this request, the HPD included Section 706.6 (Military Equipment Exclusions) and incorporates language preventing the HPD from seeking to acquire, borrow, or use items that fall with in Category 3, Category 4, Category 6, Category 8, Category 9, Category 11, and Category 13 as outlined in AB 481. The second request was to specifically reference other relevant laws and/or policies in the Military Equipment Use Policy. In response to this request, Section 706.2 incorporates language requiring “military equipment” be used in accordance with all other applicable policies and laws. Those specifically referenced include HPD Policy 300 (Use of Force), HPD Policy 302 (Control Devices and Techniques), AB 48, and California Penal Code Section 13652.

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Law Enforcement Support Office (LESO) Program

Formerly known as the 1033 Program, the U.S. Department of Defense Law Enforcement Support Office (LESO) Program permits the Secretary of Defense to transfer excess Department of Defense supplies and equipment to state and local law enforcement agencies for use in their law enforcement duties. This property is procured at no cost to the agency except for any shipping or transportation costs. The type of property available includes, but is not limited to, tactical gear, vehicles, watercraft, weapons, night vision, exercise equipment, office furniture, clothing, and other miscellaneous items. All equipment must be strictly accounted for and when no longer needed, agencies must request permission to turn in, transfer, or dispose of.

The LESO Program predominately assists with the agencies’ general equipment needs, such as file cabinets, blankets, and toolboxes that they need but perhaps are unable to afford. More than seventy percent (70%) of equipment through the program is DEMIL A which includes gym equipment, toilet paper, and first aid kits to name only a few of the DEMIL A items available. DEMIL A property saves California’s taxpayers millions of dollars annually.

As of June 2020, there are around 8,200 federal, state, and local law enforcement agencies from 49 states and four U.S. territories participating in the program.

The HPD is asking for Council to approve for the continued participation in the program, which will allow for the acquisition of items needed at no cost to the City and for items that are consistent with HPD’s AB 481 policies.

FISCAL IMPACT

The items listed below are needed to replace, supplement, or upgrade an item currently in the HPD’s inventory. All purchases have been forecasted and will be funded through the HPD’s Operating and Capital Improvement budgets.

- Robot (2) $32,000
- UAS (8) 75,000
- Sniper Rifles (5) 10,000
- Specialty Ammunition 50,000
- NFDD’s (12) 1,017
- Chemical Agents “Tear Gas” 6,749
- Specialty Impact Munition Systems 7,110
TOTAL $181,876

Based on the limitations and age of the HPD’s current Armored Rescue Vehicle, the recommendation is for a purchase of a new Armored Rescue Vehicle in FY 2024. This purchase has been allocated through the City of Hayward’s fleet budget.

- Armored Personnel Carrier (1) $400,000

Page 13 of 13 ends

NEXT STEPS

Upon renewal of the ordinance by the Council, and approval to remain in the LESO program, the HPD will continue to possess and use the authorized items in accordance with applicable policies and laws.

Prepared by: Garett Wagner, Lieutenant
Cory Linteo, Lieutenant

Recommended by: Bryan Matthews, Acting Chief of Police

Approved by:

___________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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ORDINANCE NO. _22-06_

AN ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA, ADDING ARTICLE 15 TO CHAPTER 3 OF THE HAYWARD MUNICIPAL CODE RELATING TO THE

USE OF MILITARY EQUIPMENT BY LAW ENFORCEMENT

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, (creating Government Code Section 7070, et seq.) relating to the use of military equipment by law enforcement agencies; and

WHEREAS, Assembly Bill No. 4 81 (“AB 481”), requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070; and

WHEREAS, AB 481 allows the governing body of a City to approve the funding, acquisition, or use of mil itary equipment within its jurisdiction only if it makes specified determinations; and

WHEREAS, the proposed Military Equipment Use Policy is attached hereto as Exhibit “A” and incorporated herein by this reference (the “Military Equipment Use Policy”); and

WHEREAS, the proposed Military Equipment Use Policy No. 706 and a list of “military equipment” in the current possession of the Hayward Police Department was submitted to the City Council and published, and has remained published, on the Hayward Poli ce Department’s internet website on April 11, 2022 , more than 30 days before the Military Equipment Use Policy was considered at a public hearing before the City Council on June 21, 2022; and

WHEREAS, the Military Equipment Use Policy meets the requirements of California Government Code section 7070, subdivision (d).

THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

SECTION 1. Article 15 is added to Chapter 3 of the City of Hayward Municipal Code of the City of Hayward to read as follows:

SEC. 3-15.00 Title.

A. This Article shall be known as the “Military Equipment Use Policy.”

ATTACHMENT II

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SEC. 3-15.10 Definitions.

A. “Military Equipment” includes all of the following (Per CA Gov. Code § 7070)

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one -half-ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwav e weapons, water cannons, and the Long-Range Acoustic Devices (LRAD).

14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

ATTACHMENT II

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B. "City" means any department, agency, bureau, and/or subordinate division of the City of Hayward.

C. “Police Department ” means any division, section, bureau, employee, volunteer and/or contractor of the Hayward Police Department.

D. “City Council” means the governing body that is the Hayward City Council.

E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all the following:

1. A description of each type of Military Equipment, the qua ntity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, i ncluding any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipme nt to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which indepe ndent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. " Exigent Circumstances " means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. " State agency " means the law enforce ment division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

ATTACHMENT II

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SEC. 3-15.11 Military Equipment Use Policy Requirement.

A. The Hayward Police Department shall obtain City Council approval of a Military Equipment Use Policy in accordance with Government Code Section 7071 at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Eq uipment within the territorial jurisdiction of the City of Hayward.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Hayward Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy, within 180 days of submission of the proposed Mil itary Equipment Use Policy to City Council, the Hayward Police Department shall cease its use of the Military Equipment until it receives the approval of City Council.

C. In seeking the approval of City Council, the Hayward Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The p roposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

ATTACHMENT II

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3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same obje ctive of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has b een taken to remedy nonconforming uses and ensure future compliance.

E. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

F. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

SEC. 3-15.12 Use in Exigent Circumstances.

A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Milit ary Equipment in Exigent Circumstances, in accordance with this section, it must take all the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

SEC. 3-15.13 Military Equipment Use Reports.

A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

ATTACHMENT II

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C. The annual Military Equipment Repor t shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, includin g acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well - publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuan t to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

SEC. 3-15.14 City Council Findings.

The Hayward City Council has made the following determinations:

A. In accordance with Government Code § 7071:

(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

ATTACHMENT II

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(2) The Military Equipment Use Policy (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; and

(3) The military equipment identified in the Military Equipment Use Policy is reasonably cost effective compared to available alt ernatives that can achieve the same objective of Officer and civilian safety; and

(4) Prior military equipment use complied with the applicable Equipment Use Policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

B. The Hayward Police Department commenced a City Council approval process in accordance with Government Code § 7071 subdivision (a) paragraph (2) prior to May 1, 2022.

C. The Hayward Police Department submitted a proposed Military Equipment Use Policy and Military Equipment Inventory List to the City Council and made those documents available on the Hayward Police Department’s website at least 30 days prior to the public hearing concerning the military equipment at issue in accordance with Government Code § 7071 subdivisions (a) and (b).

D. The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted in accordance with Government Code § 7071 subdivision (c).

E. The Policy shall be made publicly avail able on the Hayward Police Department’s website for as long as the military equipment is available for use.

F. The Hayward Police Department shall submit an annual Military Equipment Report to the City Council, containing the information required in Government Code § 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section (A) subdivisions (1) through (4), above.

G. The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code § 7071 subdivision (e) paragraph (2).

H. The City Council approves the use of the Military Equipment Use Policy and finds that it satisfies the requirements of Government Code § 7070(d).

ATTACHMENT II

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SEC. 3-15.15 CEQA.

This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SEC. 3-15.16 Severance.

Should any part of this ordinance be declared by a final decision of a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validit y of the remainder of this ordinance, which shall continue in full force and effect, provided that the remainder of the ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.

SEC. 3-15.16 Effective Date.

In accordance with the provisions of Section 620 of the City Charter, this ordinance shall become effective 30 days from and after the date of its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 21st day of June, 2022, by Council Member Zermeño.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the 5th day of July, 2022, by the following votes of members of said City Council.

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

ATTACHMENT II

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RENEWED at a regular meeting of the City Council of the City of Hayward, held the 20th 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
300 W. Winton Ave Hayward, CA 94544
www.hayward-ca.gov/police-department
Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military Equipment Use ReportAnnual Military Equipment Use Report Our Mission, Vision, and Core Values ................................................................................................

Preface ...............................................................................................................................................

Equipment Overview ......................................................................................................................

Background: Assembly Bill No. 481 ...................................................................................................

Summary and Purpose of the use of the Military Equipment ........................................................

Results of Internal Audits or Violations .............................................................................................

Annual Cost .......................................................................................................................................

Fiscal Impact ......................................................................................................................................

Quantity of Military Equipment ......................................................................................................

Projected Acquisitions for FY 2024 ............................................................................................

Conclusion .......................................................................................................................................

TABLE OF CONTENTS:
2 3
3-4
4 5-6
7 8
9 10
11-13
14 Attachment III
Accountability Employee WellnessHumility IntegrityLeadershipProfessionalismTrust and Respect

OUR MISSION, VISION, AND CORE VALUES
MISSIONTo enhance partnerships and trust with our community, reduce crime and improve the quality of life for thosewe serve.

VISIONTo have a highly trained and supported police department that helps build a safe and connected communitywhere people can live, work, and thrive.

CORE VALUESOur core values define us and provide a framework for how we operate. They say who we are and what we willand will not stand for as a department.

The seven core values of the Hayward Police Department include:

In addition to these seven core values, it is important to recognize that each of these core values are made up ofother values and behaviors. For example, we recognize that for an officer to be professional, they must be ethicaland honest. Being a team player and communicating effectively are fundamental parts of each of the seven corevalues.

Page 2 ends

Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
A summary of how the military equipment was used and the purpose of its use; A summary of any complaints or concerns received concerning the military equipment; The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
The total annual costs for each type of military equipment, including acquisitions, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
The quantity possessed for each type of military equipment; and The additional military equipment HPD intends to acquire in the next year, and the quantity sought for each type of military equipment.

PREFACE:

The Hayward Police Department (HPD) is committed to maintaining public trust, community partnership, transparency, accountability, best practices, and compliance with the law. As such, the Department has developed and published this Military Equipment Use Report in accordance with Assembly Bill No. 481, Government Code § 7072 and HPD Military Equipment Use Policy. In July 2022, the Hayward City Council approved the HPD’s use of the listed equipment. This document reports on information covering the period of July 2022 – March 2023. The following information is included in this report (Government Code § 7072(a)):

1. 2.

3. 4.

5. 6.

EQUIPMENT OVERVIEW:

The term “military equipment,” as used in the legislation, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment,” include, but are not limited to equipment such as unmanned vehicles, command and control vehicles, armored vehicles, less lethal shotguns, and noise flash diversionary devices. These types of equipment, as well as others considered “military equipment” under AB No. 481, are commonly used, and employed by law enforcement agencies across the country to enhance community members' and officer's safety.

It is the policy of the Hayward Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment." "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST).

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department Policy 300 (Use of Force)
Hayward Police Department Policy 302 (Control Devices and Techniques) California Assembly Bill No. 481
California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents) EQUIPMENT OVERVIEW CONT'D:
"Military equipment," which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:

The Hayward Police Department acknowledges the historical use of certain police equipment to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective. As such, this policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

BACKGROUND - ASSEMBLY BILL 481:

On September 30, 2021, Governor Newsom signed a series of eight (8) pieces of policing reform legislation aimed at increasing transparency around policing. AB No. 481, authored by Assembly Member David Chiu (D-San Francisco), was one of those pieces of legislation. AB No. 481, which became effective on January 1, 2022, was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have designated as "military equipment."
AB No. 481, codified in Government Code section(s) 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a written Military Equipment Use Policy, via ordinance, at a public hearing, before law enforcement agencies may take certain actions relating to the funding, acquisition, or use of military equipment, as defined by the legislature.

Once approval is granted, AB No. 481 requires law enforcement agencies to submit an annual Military Equipment Use Report to the City Council, summarizing the use of each type of equipment, complaints received, internal audits and information about violations of the Military Equipment Use Policy, the cost of military equipment, and other similar information. This annual Military Use Report must be posted to the law enforcement agency’s website and the law enforcement agency must hold at least one community engagement meeting for the general public to discuss the Report. On an annual basis, the City Council must review the Military Use Policy and ordinance as well as the Military Equipment Use Report and vote on whether to renew the ordinance.

The full text of AB No. 481 is available at:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Assisting with a search during a Special Response Unit (SRU) operation (2)A search during a domestic violence/assault with a deadly weapon incident the Patrol Division responded to HomicideBurglaries in progressRobberies in progressCarjackingsSearch warrant and arrest warrant operationsStolen vehiclesSearch for missing personsBarricaded suspectsSubjects armed with a gunKidnappingSideshow activity SRU deployments for operationsPatrol Division deployments during critical incidents where there is an imminent threat to life Response to high-risk, critical incidents including armed robbery/shooting investigations and barricadedsubjects SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT:

This section outlines the military equipment usage for July 2022 - March 2023 by Hayward Police Department.Certain items of military equipment, particularly consumables (ammunition, diversionary devices, chemicalagents, etc.) are used throughout the year on a regular basis for training to maintain proficiency. This section onlyprovides data for the OPERATIONAL USE of military equipment listed within this annual report. The merepossession of the equipment does not warrant its use for every incident. The following is the data for militaryequipment usage by category for this reporting period:

1. Robot:The two Avatar tactical robots were utilized 3 times during this reporting period. These deployments include:

2. Unmanned Aircraft Systems (UAS) Program:The Unmanned Aircraft Systems were utilized a total of 70 times during this reporting period. These deploymentsinclude:

3. Armored Personnel Carrier:The Armored Solutions Armored Rescue Vehicle (ARV) was utilized 9 times during this reporting period. Thesedeployments include:

4. Command and Control Vehicle:The HPD Command Vehicle was utilized 3 times during this reporting period. These deployments include:

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
SRU response to high-risk, critical incidents including armed robbery/shooting investigations and barricadedsubjects Winchester .223 Ranger Power-Point 64 Grain Cartridge Winchester 5.56 Full Metal Jacket 55 Grain Cartridge Winchester .308 Match King 168 Grain Cartridge SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT CONT'D:

5. Breaching Apparatus/Shotgun Slugs:The Breaching Apparatus/Shotgun Slugs were utilized 0 times during this reporting period.

6. Carbine Rifles (.223 and 5.56 caliber):The Carbine Rifles were utilized 0 times during this reporting period.

7. H&K MP5 and H&K PDW Entry Rifle (9mm caliber):The H&K MP5 and H&K PDW Entry Rifle were utilized 0 times during this reporting period.

8. PWS MK216-LE Precision Rifle (.308 caliber):The PWS MK216-LE Precision Rifle was utilized 0 times during this reporting period.

9. Remington 700 Long Rifle (.308 caliber):The Remington 700 Long Rifle was utilized 0 times during this reporting period.

10. Noise Flash Diversionary Device:A Noise Flash Diversionary Device (NFDD), commonly referred to as a “flashbang,” was utilized 12 times duringthis reporting period. These deployments include:

11. Chemical Agents “Tear Gas” (Oleoresin Capsicum):Chemical Agents were utilized 1 time during this reporting period. The deployment was used during an armedrobbery/shooting investigation during which the primary offender barricaded himself and refused to come out ofhis residence. This resulted in an extended standoff. The offender eventually surrendered and was taken intocustody without incident.

12. Pepper Powder Less Lethal Launcher (FN 303):The Pepper Powder Less Lethal Launcher was utilized 0 times during this reporting period.

13. Specialty Impact Munitions Systems and Munitions (40mm Less Lethal):The Specialty Impact Munitions Systems and Munitions were utilized 0 times during this reporting period.

14. Specialty Ammunition
There was NO ammunition utilized during this reporting period.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
By visiting HPD’s Internal Affairs Unit’s website:

By calling 510-293-7059
By mail sent to: Hayward Police Department, 300 W. Winton Ave., Hayward, CA 94544 In person to any supervisor or to the Internal Affairs Unit By visiting California's Commission on Peace Officer's Standards and Training website:

SUMMARY OF COMPLAINTS OR CONCERNS REGARDING THE MILITARY EQUIPMENT:

The Hayward Police Department is committed to responding to complaints, concerns, and questions received through any of the below methods in a timely manner.

There were 0 formal complaints, or officer involved shootings related to the use of military equipment as investigated by the Hayward Police Department’s Internal Affairs Unit during this reporting period.

Pursuant to California Government Code § 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in the policy by any of the following means:

Internal Affairs Unit I City of Hayward - Official website (hayward-ca.gov) Public Complaints (ca.gov)

RESULTS OF INTERNAL AUDITS, OR VIOLATIONS OF THE MILITARY EQUIPMENT USE POLICY:

The Hayward Police Department did not have any policy violations with the deployment or use of military equipment during this reporting period.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Robot
UAS
Armored Personnel Carrier
Command and Control Vehicle
Breaching Apparatus/Shotgun Slugs
Carbine Rifles
H&K MP5 and H&K PDW Entry Rifle
PWS MK216-LE Precision Rifle
Remington 700 Long Rifle
Noise Flash Diversionary Device
Chemical Agents "Tear Gas"
Pepper Powder Less Lethal Launcher
Specialty Impact Munitions

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. Systems and Munitions

14. Ammunition

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# EQUIPMENT Acquisition Training Maintenance ANNUAL COSTS:

The following is a breakdown of the costs associated with each piece of equipment, including the cost of acquisition, training, and maintenance.
*Total personnel costs over this period were $117,723. This total represents the personnel cost associated with training related to “Military equipment” denoted above with *. **There were no Storage or Transportation costs associated with owning/possessing equipment defined as “Military equipment” per AB No. 481.
$0
$0
$0
$0
$0
$0
$0
$0
$0
$1291.00
$0
$0
$0
$0
$0*
$0
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$43,676.00
$792.00
$4,420.53
$1,050.00
$840.00
$0
$3,900.00
$0
$0
$0
$0
$0
$0
$0
$0
Total: $1,291.00 $11,002.53$161,399
Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
FISCAL IMPACT:

The Hayward Police Department is budgeted for 326.5 full time employees. The operating budget for the department for the 2022-2023 fiscal year is $88,839,075.00.

The City of Hayward adopts an operating budget on a fiscal year basis (beginning July 1). The equipment owned and possessed by the department was approved in July of 2022 by the City of Hayward City Council. The cost of equipment purchases and expenditures is reflected in this report for July 2022 to March 2023 pursuant to Assembly Bill No. 481.

During this reporting period, the Hayward Police Department spent approximately $173,692.53 for equipment and training specified in AB No. 481. The total expenditures represent 0.20% of the Hayward Police Department’s operational budget. No grant funding was utilized for training or equipment acquisition during this reporting period.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Robot (Current Quantity: 2)
Unmanned Aircraft Systems (UAS) (Current Quantity: 4)
Armored Personnel Carrier (Current Quantity: 1)
Command and Control Vehicle (Current Quantity: 1)
Breaching Apparatus/Shotgun Slugs (Current Quantity: 1/50) Carbine Rifles (.223 or 5.56 caliber) (Current Quantity: 95) H&K MP5 and H&K PDW Entry Rifle (9mm caliber) (Current Quantity: 2/2) PWS MK216-LE Precision Rifle (.308 caliber) (Current Quantity: 5) Remington 700 Long Rifle (.308 caliber) (Current Quantity: 5) Noise Flash Diversionary Device (Current Quantity: 24)
Chemical Agents “Tear Gas” (Oleoresin Capsicum) (Current Quantity: 77) Pepper Powder Less Lethal Launcher (FN 303) (Current Quantity: 2) Specialty Impact Munitions Systems and Munitions (40mm Less Lethal) (Current Quantity: 14) Ammunition
Winchester .223 Ranger Power-Point 64 Grain Cartridge (Current Quantity: 1,500) Winchester 5.56 Full Metal Jacket 55 Grain Cartridge (Current Quantity: 135,800) Winchester .308 Match King 168 Grain Cartridge (Current Quantity: 250) QUANTITY OF MILITARY EQUIPMENT:

The following constitutes a list of military equipment utilized by the Department that meets the statutory definition of military equipment:

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.
a.
b.
c.

It should be noted that the numerical inventory of military equipment may fluctuate based upon a variety of reasons. Factors such as operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines or schedules may change the quantity of inventory. The Hayward Police Department is committed to providing the most accurate military equipment inventory and information at the time of the publication of this report. The current inventory list of HPD military equipment can be found at:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

Page 10 ends

Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Ammunition- all calibers
Diversionary Devices
Chemical Agents
Specialty Munitions (40mm and Less Lethal Munitions)
DJI Matrice 30T (2): The DJI Matrice 30T (M30T) features an integrated wide, zoom, and infrared cameras with a laser rangefinder sensor, IP55 ingress protection, and -20° C 〜 50° C temperature operation range. 41- minute maximum flight time.

DJI Mini 3 Pro (2): The DJI Mini 3 Pro weighs less than 249 grams, has tri-directional obstacle sensing, can record up to 4K/60fps video and 4K/30fps HDR video, 34 minutes of maximum flight time and the camera can be rotated 90 degrees, enabling the ability to capture still photos and videos in both landscape and portrait format.

PROJECTED ACQUISITIONS FOR FY 2024:

While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB No. 481 equipment may be necessary due to damage beyond that of repair. Replacement of these items will be handled on a case-by-case basis dependent on operational and departmental needs. These unexpected needs-based acquisitions will be in accordance with department policy and AB No. 481.

Consumable AB No. 481 military equipment acquisitions in the next 12 months will remain consistent with current department replenishment schedules and policies. Acquisitions and purchasing of these consumables will replenish quantities previously approved by the department.

Categories of consumables are as follows:

Non-consumables are as follows:

Robot:

Two additional robots for SRU and patrol. The robots are smaller and can be thrown into a structure. They are also small enough to attach to an officer for easier deployment. The Robot is made by Recon Robotics and is called “Throwbot 2.” The average cost per robot is $16,000.

The funding for this purchase has been allocated through HPD's Operating budget to replace the Avatar robot SRU reallocated to the Patrol Division. The funding for the purchase of the second Throwbot 2 would also be through HPD's Operating budget as a new item for the Patrol Division.

UAS:

Based on operational needs and functionality, an additional 8 UAS’s need to be purchased in FY 2024. Below is a list of the quantity of each UAS needed, including their capabilities.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
DJI Mavic 3 (2): The DJI Mavic 3 has a 4/3 CMOS Hasselblad camera, 46 minutes of flight time,Omnidirectional Obstacle Sensing, 15km maximum transmission range, and an advanced return to homefeature. Brinc Lemur 2 (2): The Brinc Lemur 2 features 2-way communication for de-escalation and communication forall types of incidents, on board Lidar for real time floor plan mapping, live streaming for off-site viewingcapabilities, 4K day time, night time thermal sensors for interior deployment, 31minutes of flight time and 10hour 360 degree position hold, integrated lighting system, internal repeaters for extended range andencryption, turtle mode which allows the Brinc to flip right side up if flipped over, glass breaking attachmentfor breaching capabilities, and is able to fly in inclement weather.

PROJECTED ACQUISITIONS FOR FY 2024 CONT'D:

The total cost for the 8 additional UAS’s, including all accessories, batteries, and charging stations is $75,000.

The funding for this purchase has been allocated through HPD's Operating budget.

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Armored Personnel Carrier:

Based on the limitations and age of the Department’s current armored rescue vehicle from Armored Solutions, the recommendation is for the Hayward Police Department to purchase a Lenco armored rescue vehicle in FY 2024 to replace the current ARV. The cost of a Lenco ARV will not exceed $400,000.

Funding for this vehicle has been allocated through the City of Hayward's fleet budget.

Sniper Rifles:

The Department’s Special Response Unit’s sniper team anticipates the purchase of 5 new Remington 700 rifles.

The current rifles are over 30 years old and need to be replaced. The cost of each rifle is approximately $1,200 plus accessories. The total cost for the purchase of new rifles will not exceed $10,000.

Funding for this purchase has been allocated through HPD's Operating budget.

Specialty Ammunition:

There is an annual cost for specialty ammunition used by the department. Each year the cost varies depending on training, schools, and academy recruits. The Department’s annual budgeted purchase of specialty ammunition is $50,000.

Funding for this purchase has been allocated through HPD's Operating budget.

Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
PROJECTED ACQUISITIONS FOR FY 2024 CONT'D:

Noise Flash Diversionary Device (NFDD):

The Department plans to purchase a case of 12 NFDD’s in FY 2024. The cost for 12 NFDD’s is $1017.12 per case.

Funding for this purchase has been allocated through HPD's Operating budget.

Chemical Agents “Tear Gas”:

Based on use during training, the SRU operation on 1/6/23, and the expiration of the CS gas canisters, the Department will need to purchase CS gas in FY 2024 to replenish the inventory. The cost to replace what was utilized and expired is $6,749.00.

Funding for this purchase has been allocated through HPD's Operating budget.

Specialty Impact Munitions Systems and Ammunition:

The recommendation is for the Department to purchase 6 additional 40mm launchers in FY 2024. Two launchers will be utilized by the District Command Unit and the other 4 launchers will be placed into the Patrol Division’s inventory. The cost for this purchase is $7,110.15.

Funding for this purchase has been allocated through HPD's Operating budget.

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By calling 510-293-7059By mail sent to: Hayward Police Department, 300 W. Winton Ave., Hayward, CA 94544 CONCLUSION:

This Annual Military Equipment Use Report is intended to not only adhere to the law and Hayward PoliceDepartment policy, but it also demonstrates our commitment to transparency with information provided to ourcommunity and elected officials. The equipment outlined in this report support Hayward Police Officers’ efforts toprotect our communities and enhance the safety of the public and officers. Our Police Department firmly believesresponsible use of the equipment described in this report enhances our ability to deliver the highest level ofprofessional, efficient, and effective service when faced with incidents requiring a thoughtful law enforcementresponse. Understanding law enforcement is a partnership between the police and community, we will continue to serveand do all we can to guard against unintended or undesirable outcomes. The HPD prides itself on “Excellence andAccountability.” General Contact information:

Internal Affairs Unit I City of Hayward - Official website (hayward-ca.gov) For more information on HPD’s Military Equipment visit:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

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Policy
706
Hayward Police Department
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Published with permission by Hayward Police Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

Assembly Bill 481 (AB 481), signed into law on September 30, 2021, requires law enforcement agencies to create a policy establishing guidelines and requirements for the funding, acquisition, and use of "military equipment" (Government Code § 7070, 7071, and 7072), including requirements to host informational meetings with the public, generate annual "military equipment" use reports, and seek annual approval from their respective governing bodies. The purpose of this policy is to make sure that safeguards exist, including transparency, governing body oversight, and accountability measures, to ensure the funding, acquisition, and use of "military equipment" is consistent with the provisions set forth by the governing body and as outlined in AB 481. This policy will also provide the public with a transparent view of the "military equipment" utilized by the Hayward Police Department.
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The City of Hayward's Mayor and City Council.

Exigent Circumstances - A law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

Military equipment - Includes but is not limited to the following:
• Category 1 - Unmanned, remotely piloted, powered aerial or ground vehicles. • Category 2 - Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • Category 3 - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one- half-ton trucks,five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Category 4 - Tracked armored vehicles that provide ballistic protection to their occupants. • Category 5 - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Category 6 - Weaponized aircraft, vessels, or vehicles of any kind. • Category 7 - Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram.
• Category 8 and 9 - Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

ATTACHMENT IV
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Military Equipment - 2
• Category 10 - Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.
• Category 11 - Any firearm or firearm accessory that is designed to launch explosive projectiles. • Category 12 - Noise-flash diversionary devices, explosive breaching tools, "tear gas", and "pepper balls", excluding standard, service-issued handheld pepper spray. • Category 13 - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Category 14 - Kinetic energy weapons and munitions.
• Category 15 - Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Hayward Police Department that members of the department comply with the provisions of Government Code§ 7071 with respect to qualifying "military equipment". "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training {POST}.

See the Military Equipment Inventory List (see below), attached hereto as Exhibit A for associated "military equipment" training requirements.
"Military equipment", which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:
• Hayward Police Department Policy 300 (Use of Force)
• Hayward Police Department Policy 302 (Control Devices and Techniques) • California Assembly Bill No. 48
• California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents)
The Hayward Police Department acknowledges the historical use of certain police equipment to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective. As such, this policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

Hayward Police Department
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Military Equipment
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Military Equipment - 3
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of the Hayward Police Department to act as the Military Equipment Coordinator. The responsibilities of the Military Equipment Coordinator include but are not limited to:
(a)Acting as liaison to the governing body for matters related to the requirements of this policy. {b) Identifying Hayward Police Department equipment that qualifies as "military equipment'' in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all "military equipment" at least annually. The inventory list shall include the following:

1. The manufacturer's description of the equipment.

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Hayward Police Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for ongoing maintenance.

6. The quantity of the equipment, whether maintained or sought. (d) Collaborating with any allied agency that may use "military equipment" within the jurisdiction of Hayward Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Hayward Police Department's funding, acquisition, and use of equipment.
(f) Preparing the annual "military equipment" report for submission to the Chief of Police and ensuring that the report is made available on the Hayward Police Department's website (Government Code§ 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of "military equipment", and how the Hayward Police Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The Hayward Police Department shall prepare a Military Equipment Inventory List, which shall include the following information:

Hayward Police Department
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Military Equipment - 4
(a) A description of each type of "military equipment", the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the "military equipment". (b) The purpose and authorized use for which the Hayward Police Department proposes to use each type of "military equipment".
(c) The fiscal impact of each type of "military equipment", including initial costs of obtaining the equipment and estimated annual cost of maintaining the equipment. (d) The legal and procedural rules that govern each authorized use. (e) The training, including any course required by POST, that must be completed before any Department member is allowed to use each specific type of "military equipment" to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment Use Policy.

The Military Equipment Inventory List shall be updated as necessary due to directives from the governing body or a change in the inventory. The Military Equipment Inventory List and associated amendment(s) shall be submitted to the governing body and the public via the Hayward Police Department's website at least 30 days prior to any public hearing concerning this policy.

The current Military Equipment Inventory List is attached in the EXHIBIT A - MILITARY EQUIPMENT INVENTORY LIST subsection below
706.4.1 MILITARY EQUIPMENT EXCLUSIONS
The Hayward Police Department acknowledges the list of "military equipment", as outlined in AB 481, is extensive and includes items that members of the department shall not seek to acquire, borrow, or use. These "military equipment" items include those that fall within the following categories:
# Category 3 - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one- half-ton trucks,five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. # Category 4 - Tracked armored vehicles that provide ballistic protection to their occupants. # Category 6 - Weaponized aircraft, vessels, or vehicles of any kind. # Category 8 and 9 - Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
# Category 11 - Any firearm or firearm accessory that is designed to launch explosive projectiles. # Category 13 - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
706.4.2 PROCUREMENT AND USE IN EXIGENT CIRCUMSTANCES
Notwithstanding the provisions of this policy, the Hayward Police Department may acquire, borrow, and/or use "military equipment" in exigent circumstances without following the requirements of this policy.

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Military Equipment - 5
If the Hayward Police Department acquires, borrows, and/or uses "military equipment" in exigent circumstances, in accordance with this section, the following action must be taken:
(a) The Chief of Police or the authorized designee must provide written notice to the governing body within 30 days following the commencement of the exigent circumstances, unless such information is confidential or privileged under local, state, or federal law. (b) If it is anticipated the use will continue beyond the exigent circumstances, the Chief of Police or the authorized designee must submit a proposed amendment to the Military Equipment Use Policy to the governing body within 90 days and the Hayward Police Department may only continue use if approved, as applicable, by the governing body.
(c) The Chief of Police or the authorized designee must include the acquisition, borrowing, and/ or use of the "military equipment" in the next annual Military Equipment Report. 706.5 APPROVAL
The Hayward Police Department shall obtain approval from the governing body annually prior to engaging in any of the following activities:
(a} Requesting "military equipment" made available pursuant to section 2576a of Title 1O of the United States Code.
{b} Seeking funds for military equipment including, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. {c) Acquiring new "military equipment", either permanently or temporarily, including by borrowing or leasing.
{d} Absent exigent circumstances, collaborating with another law enforcement agency in the deployment or other use of "military equipment" within the territorial jurisdiction of the governing body.
{e) Absent exigent circumstances, using any new or existing "military equipment" for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to policy. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of "military equipment".

The Hayward Police Department shall submit a proposed Military Equipment Use Policy (this policy}, or associated amendments, to the governing body and the public via the Hayward Police Department's website at least 30 days prior to any public hearing concerning the "military equipment" at issue.
706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

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Military Equipment - 6
706.7 ANNUAL REPORT
Upon approval of this Military Equipment Use Policy, the Chief of Police or the authorized designee shall submit an annual Military Equipment Report to the governing body for each type of "military equipment" approved and in the Hayward Police Department inventory. This report must be submitted to the governing body within one year of approval, and annually thereafter for as long as the "military equipment" is available for use. Each annual report shall be made publicly available on the Hayward Police Department's website for as long as the "military equipment" is available for use.

The annual Military Equipment Report must address each type of "military equipment" approved for department use and shall, at a minimum, include the following information for the preceding year for each type of "military equipment":
(a) A summary of how the "military equipment" was used and the purpose of its use. (b) A summary of any complaints or concerns received regarding the "military equipment". (c) The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
(d) The total annual cost for each type of "military equipment", including acquisition costs, personnel costs, training costs, maintenance costs, and other ongoing costs, and from what funding source these costs came from.
(e) The quantity possessed for each type of "military equipment". (f) If the Hayward Police Department intends to acquire additional "military equipment" in the next year, including the nature of the items and quantity sought 706.8 POLICY COMPLIANCE AND SUBMITTING COMPLAINTS
The Chief of Police or the authorized designee will ensure that all Hayward Police Department employees comply with this policy. Suspected violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", shall be referred to the Internal Affairs Unit and handled in accordance with Hayward Police Department Policy 324 (Standards of Conduct). Additionally, violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", will be reported to the governing body via the annual Military Equipment Report.

Any member of the community can submit a complaint regarding the use of "military equipment" to any City Council member, the City Manager's Office, the City Attorney's Office, the Human Resources Office, via Access Hayward, or to any Hayward Police Department employee.

Complaints can be submitted in any form (e.g., in person, telephone, email, etc.). Once a complaint is received, it will be referred to the Internal Affairs Unit and handled in accordance with Hayward Police Department
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Military Equipment - 7
Hayward Police Department Policy 324 (Standards of Conduct) and HPD Policy 1011 (Personnel Complaints).
706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the [Department/Office] shall hold at least one well-publicized and conveniently located community engagement meeting, at which the [Department/Office] should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 706.9.1 EXHIBIT A - MILITARY EQUIPMENT INVENTORY LIST The following is a list of "military equipment", as defined in AB 481, which HPD currently has in its inventory. The equipment items listed below are authorized for use to resolve high-risk and/or critical incidents, including but not limited to the following:
• High-risk offender apprehension
• Barricaded subjects
• Hostage rescue
• Dignitary protection
• Riot control
• Active shooter response
• In-progress violent crimes
• Response to armed subjects or subjects wearing body armor • Other situations which could result in great bodily injury or death to officers or community members The use of the equipment items below must be proportionate to each incident officers respond to and the HPD's Risk Assessment Matrix is designed to assist in such decision making.

CURRENT EQUIPMENT:

1. Robot (Category 1)
Description, quantity, capability, and purchase cost:

Avatar Tactical Robot - Unit Cost: $30,000 (purchased under a Bay Area UASI grant). Quantity: 2. This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to communicate, de-escalate, and determine resistance level.

Purpose:

To be used to remotely gain visual/audio information during high-risk incidents, deliver CNT phone, open doors, and clear buildings.

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Military Equipment - 8
Authorized Use:

Only members of the department who have been trained in the use of the robot shall be permitted to operate the robot. Use is authorized by the on- scene Incident or Tactical Commander and shall comply with all associated HPD and City policies regarding privacy.

Expected lifespan:
10 years
Fiscal Impact:

No known annual maintenance cost.

Training Requirements (initial and ongoing):

Initial training on how to operate the robot is the only requirement. There is no ongoing training or POST certifications required.

2. Unmanned AerialSystems (Category 1)
Description, quantity, capability, and purchase cost:

OJI Mavick Advanced unmanned aerial system (UAS} - Unit Cost: $6,500. Quantity: 2. The OJI Mavick Advanced is a commercial grade UAS. This UAS is a battery powered, remote operated device. The controller allows operators to fly UAS and view live feed from UAS-mounted cameras in accordance with HPD and City policy. The cameras have both RGB (normal} and FUR (heat sensing) capabilities consistent with those mounted on all law enforcement helicopters. Flight time is approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAS has also proven to be useful to public safety agencies in emergency response, search and rescue, and other situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

The OJI Mini 2 unmanned aerial system (UAS)- Unit Cost: $1,411.39. Quantity: 2. This UAS is a battery powered, remote operated device. The controller allows operators to fly UAS and view live feed from UAS-mounted cameras in accordance with HPO and City policy. This is a smaller UAS specifically designed for clearing structures or other areas that are difficult or unsafe to reach for first responders. Flight time is approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAS has also proven to be useful to public safety agencies in emergency response, search and rescue, and other situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

Purpose:

To be deployed when its use would assist members of the department with the situations outlined in HPO Policy subsection 611.6 (Approved Uses).

Authorized Use:

Only assigned operators who have completed the required training, including obtaining their FAA Part 107 certification, shall be permitted to operate UAS during approved missions.

Expected lifespan:
3-4 years
No known annual maintenance cost. Repairing damage and/or updating software could be necessary to keep the UAS operational. This cost can vary from $20-$2,000 and would be based on need.

UAS initial training (required):
• Passing the Part 107 test required by the FAA to operate a UAS Hayward Police Department
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• HPD training on the operations manual, proper reporting forms, HPD policy, and HPD procedure • 8-hour flight training on how to operate the UAS properly and efficiently • UAS written test on the operations manual and HPD policy UAS ongoing training (required):
• Each UAS deployment is considered ongoing training
• The UAS team meets quarterly
• Joint training with allied agency UAS teams
• Annual UAS written test on the operations manual and HPD policy

3. Armored Personnel Carrier (Category2)
Armored Solutions Armored Rescue Vehicle - Unit Cost: $82,660.00. Quantity: 1. The ARV is a Ford FSS0 truck designed to provide ballistic protection during high-risk incidents. It is designed to withstand multiple bullet impacts and low- level explosions. The ARV is equipped with emergency lights, siren, and a public address system for communications. It is not weaponized, nor does it contain any breaching apparatuses. Common uses of the ARV include community member or officer rescues, evacuations, and it provides ballistic protection for officers during in-progress, high-risk incidents.

The ARV is also a regional mutual-aid asset, which has been requested by and deployed to assist neighboring agencies in Alameda County.

To be used during responses to high-risk incidents to enhance the safety of community members and officers, improve scene containment and stabilization, and to contribute to the safe resolution of evolving critical events.

The use of the ARV can be requested by any Officer based on the specific circumstances of in-progress, high-risk incidents or high-risk planned operations. The ARV shall only be used by Officers trained in its deployment and in a manner consistent with departmental training. Use shall be authorized by the Special Operations lieutenant or the on-duty Watch Commander. 20 years
Annual maintenance cost of approximately $1,050.

There are no POST certifications required for use of the Armored Personnel Carrier. • HPD's Armored Personnel Carrier initial training requirements:
o How to operate the different functions, placement considerations, and appropriate usage of the vehicle • HP0's Armored Personnel Carrier ongoing training requirements:
o Refresher training for all officers on the different functions, placement considerations, and appropriate usage of the vehicle

4. Command and Control Vehicle (Category 5)
Freightliner MT-55 L0V Model C34MCC-10- Unit Cost: $387,672.00. Quantity: 1. The Command Vehicle is a bus style vehicle with front and rear doors. It is painted white with HPD markings affixed to the front, sides, and rear of the vehicle. There are 2 separate internal office-style working spaces, most commonly used by Dispatch or Crisis Negotiations personnel. It can be used as a field-based, mobile command center for major incidents and as a backup Communications Center for the City. The Command Vehicle is also capable of transporting equipment and personnel.

To be used as a field-based mobile command center, communications center, and crisis negotiations center during major incidents. It also serves as a backup Communications Center in the event the City's primary Communications Center experiences technical issues.

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The Command Vehicle can be requested by any member of the department for use in the field during major incidents. Use of the Command Vehicle shall be approved by the Special Operations Lieutenant and can only be operated by members of the department specifically trained in its use. 20 years
Annual maintenance cost of approximately $840.

Initial training is required for employees assigned as drivers of the Command Vehicle. The training consists of an overall familiarization, how to operate the vehicle's equipment, and how to safely drive the vehicle. There is no ongoing training or POST certifications required.

Royal Arms Tesar-2. Unit Cost: $4 per round. Quantity: 50. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the locking mechanism inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the locking mechanism in order to minimize entry into the target space for the safety of occupants and operators. These rounds are designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar-2 rounds are good until they are expended if stored properly.

To gain rapid entry into a structure during critical incidents.

Only members of the department assigned to the SRU who have been trained in the use of a breaching shotgun shall deploy a breaching shotgun in the field. Shotgun breaching may only occur after authorization by the Incident Commander or Tactical Commander in the field and during training exercises.

Until expended
Replaced as needed (estimated $0 to $200 annually).

Training Requirements (initial and ongoing):

Initial and ongoing training in the safe and appropriate use of the breaching shotgun is provided by POST certified instructors. The initial and ongoing training requirements are the same and consist of an overview of the breaching shotgun, breaching slug capabilities, safe and appropriate operation of the breaching shotgun, and deployment considerations (including when not to use). Members of the department assigned to the SRU conduct annual training on breaching, including the use of the breaching shotgun, and must demonstrate proficiency through the practical application of this equipment.

Carbine Rifle - Unit Cost: $1,039.75. Quantity: 64. The carbine rifle is a firearm capable of stopping an armed subject at various distances. It is a light weight, air-cooled, gas operated, magazine fed, shoulder fired weapon capable of operating in semi-automatic and selective fire modes. These rifles fire a.223 or 5.56 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects.

H&K MPS and H&K MPS POW entry rifle - Unit Cost: $1,200. Quantity: 4. The H&K MPS and MPS POW are firearms capable of stopping an armed subject at various distances. They are a light weight, magazine fed, shoulder fired weapon capable of operating in semi-automatic and selective fire modes. These rifles fire a 9mm caliber cartridge.

PWS MK216-LE.308 precision rifle -Unit Cost: $1,994.99. Quantity: 5. The PWS MK216-LE is a precision rifle capable of stopping an armed subject at various distances. It is a magazine fed, shoulder fired weapon capable of operating in semi-automatic mode. This rifle fires a.308 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects, and is utilized by the department's Special Response Unit during high- risk situations.

Remington 700.308 long rifle - Unit Cost: $1,300. Quantity: 5. The Remington 700 is a long-range firearm capable of stopping an armed subject at various distances. It is a bolt action, shoulder fired weapon capable of firing single precision shots out to significant distances. This rifle fires a.308 Hayward Police Department
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caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects, and is utilized by the department's Special Response Unit during high- risk situations.
(S} Winchester.223 Ranger power-point 64 grain cartridge -Unit Cost: $9.76 (per 20 rounds). Quantity: 25,000. The.223 cartridge is the primary duty ammunition for the department's carbine rifles.

Winchester 5.56 full metal jacket 55 grain cartridge - Unit Cost: $7.16 (per 20 rounds). Quantity: 67,000. The 5.56 cartridge is the primary training ammunition for the department's carbine rifles.

Winchester.223 Ranger frangible 55 grain cartridge - Unit Cost: $12 (per 20 rounds). Quantity: 1,000. The.223 frangible cartridge is training ammunition used by the Special Response Training during live-fire exercises.

Winchester.308 match king 168 grain cartridge - Unit Cost: $50 (per 20 rounds). Quantity: 2,000. The.308 cartridge is both duty and training ammunition for the PWS MK216-LE and Remington 700 rifles, which are specifically used by the department's Special Response Unit.

Purpose:

To be used during high-risk situations, including those where precision and distance are factors, as they are more accurate and effective than standard issued department firearms.

Authorized Use:

Use of the firearms listed above are governed under HPD Policy 300 (Use of Force), which defines deadly force as that which is likely to cause serious bodily injury or death. Only department members who are POST certified and who show proficiency during department training are authorized to carry a carbine rifle. The H&K MPS, H&K MPS POW, PWS MK216-LE, and Remington 700 are - firearms that are only authorized for use by specially trained members of the department's Special Response Unit.

Expected Lifespan:
{1) Carbine rifles -10 years or sooner depending on usage in training (2).308 rifles -10-15 years or sooner depending on usage in training {3) Ammunition - No expiration if stored properly
Fiscal Impact:

All rifles are inspected and serviced annually by certified department armorers. They are replaced according to date of purchase and as needed depending on usage.

Carbine rifles -Annual replacement and service costs between $10,000 and $20,000
.308 rifles - Annual replacement and service costs between $0 and $10,000 Ammunition -Annual replacement costs between $50,000 and $100,000 Training Requirements (Initial and ongoing):

Carbine rifle initial required training (all officers):
• POST certified basic academy rifle training and qualification {provided by POST certified instructors) Hayward Police Department
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• POST certified 2-day rifle course and qualification (provided by POST certified instructors) • HPD training on policy, procedure, and safety considerations • Safety test
Carbine rifle ongoing required training {all officers):
• Annual POST certified rifle training and qualification (provided by POST certified instructors) • Annual HPD review of policy, procedure, and safety considerations • Bi-annual firearms training at an approved range (provided by POST certified instructors) H&K MPS and POW initial training (SRU members only):
• POST certified SRU firearms/rifle training and qualification (provided by POST certified instructors) • Training on policy, procedure, and safety considerations • Safety test
H&K MPS and POW ongoing training (SRU members only):
• Annual POST certified firearms training and qualification (provided by POST certified instructors) • Five additional SRU firearms trainings throughout the calendar year • Training on policy, procedure, and safety considerations • Safety test
PWS MK216-LE.308 precision rifle and Remington 700.308 long rifle initial training (SRU members only):
• 48-hour POST certified basic sniper school (provided by POST certified instructors) • SRU precision rifle training and qualification (provided by POST certified instructors) • Review of policy, procedure, and safety considerations • Safety test
PWS MK216-LE.308 precision rifle and Remington 700.308 long rifle ongoing training (SRU members only):
• HPO annual precision rifle training and qualification (provided by POST certified instructors) • Bi-monthly precision rifle training (provided by POST certified instructors) • Review of policy, procedure, and safety considerations • Safety test
NOTE: All ammunition listed in this category is utilized at the firearms trainings referenced above. The amount of ammunition varies depending on the training course and required qualifications.

7. Noise Flash Diversionary Device (Category 12)
Description, quantity, capability, and purchase cost:

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NFOD 7290M - Unit Cost: $82.27. Quantity: 24. A noise flash diversionary device {NFDO), often referred to as a "flashbang", is a device designed to create a bright flash of light and a loud sound to temporarily divert the attention of a subject in the area where it is deployed. NFDDs are used to distract and temporarily disorient dangerous subjects by overwhelming their senses of sight and hearing. This allows members of the department to take control of high-risk situations and/or accomplish legitimate law enforcement objectives during critical incidents. NFDDs are not weapons as they do not fragment as a military grenade would and oversight of the department's purchase/use of NFDDs is performed by the Federal Department of Alcohol, Tobacco, Firearms, & Explosives (commonly referred to as the ATF).

Purpose:

To be used during high-risk situations to obtain a tactical advantage or to establish control by creating a diversion.

Authorized Use:

NFDDs are under the oversight of the ATF and may only be used by specially trained members of the department's Special Response Unit during high-risk situations or during training.

Expected lifespan:
5 years (manufacturer shelf life)
Fiscal Impact:

Varies depending on usage and training ($0 to $1,000}
Training Requirements (initial and ongoing):

NFDD initial training (SRU members only):
• POST certified NFDD instructor training (provides POST certification for HPD instructors) • POST certified basic SWAT school (provided by POST certified instructors) • Review of policy, procedure, and safety considerations NFDD ongoing training (SRU members only):
• Annual NFDD training for members of the SRU (provided by POST certified instructors) • Review of policy, procedure, and safety considerations NOTE: NFDD programs are under federal oversight by the Bureau of Alcohol, Tobacco, Firearms, & Explosives.

8. Chemical Agents ''Teargas" (Category12)
2-chlorobenzylidene malononitrile (CS}- Unit Cost: Depends on the munition (see fiscal impact). CS is used by law enforcement agencies across the country. CS, commonly referred to as "tear gas", is an irritating agent and a lachrymator (irritates the eyes, causing tears and mucous flow). It can be delivered in a variety of ways and can be used by the department as a less- lethal force option during high-risk incidents, including riots and barricaded subjects. The types of CS munitions in the department's inventory are as follows (the contents are the same, but the delivery systems for each munition are different):
• 49 Model 1292 40 mm CS
• 6 Model 1092 CS Handballs
• 6 Model 1032 CS Flameless Tri-Chamber
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• 3 Model 1072 CS Speed Heat
Oleoresin Capsicum (QC) - Unit Cost: Depends on the munition (see fiscal impact). QC is used by law enforcement agencies across the country. OC, commonly referred to as "pepper spray", is an irritating agent that causes involuntary closure of the eyes, mucous flow, and temporary respiratory inflammation. Its primary ingredient is capsaicin, which is found in chili peppers, and QC is available to the general public for purchase. It can be delivered in a variety of ways and can be used by the department as a less-lethal force option during high-risk incidents, including riots and barricaded subjects. The types of QC munitions in the department's inventory are as follows (the contents are the same, but the delivery systems for each munition is different):
• 6 Model 2040 QC Expulsion
• 6 Model 3090 QC Shotgun ferret rounds
Purpose:

To be used as a less-lethal force option during high-risk situations, including but not limited to those involving dangerous or combative subjects, riots, or when a tactical advantage needs to be obtained.

Authorized Use:

Only members of the department who are POST certified to use chemical agents are authorized to do so. The use of the above listed munitions is only authorized for specially trained members of the department's Special Response Unit.

Expected Lifespan:
5 years (manufacturer shelf life)
Fiscal Impact:

Varies depending on usage and training ($0 to $5,000)
Training Requirements (initial and ongoing):

Chemical agents "tear gas" initial training (SRU members only):
• POST certified basic academy chemical agent training (provided by POST certified instructors - includes direct exposure for all students)
• POST certified basic SWAT school (provided by POST certified instructors) • POST certified chemical agent instructor school (provided by POST certified instructors - for SRU instructors only) • HPD SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors)- includes direct exposure for all SRU members • HPD SRU training on safety protocols
Chemical agents "tear gas" ongoing training (SRU members only):
• Annual SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors) - includes direct exposure for all SRU members • Annual review of safety protocols
FN 303 Less Lethal Launcher - Unit Cost: $850. Quantity: 2. The FN 303 Less Lethal Launcher is a system that uses compressed air to deliver OC powder, paint, and specialty impact munitions. It is similar to a paintball system as it fires frangible plastic ammunition, which contains liquid OC. This Hayward Police Department
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system offers members of the department a less-lethal force option during high-risk situations. This system allows for liquid OC and kinetic energy impacts to be delivered to dangerous or combative subjects at various distances.

The FN 303 Less Lethal Launcher may only be used by specially trained members of the department's Special Response Unit. Additionally, the FN 303 Less Lethal Launcher may only be used for crowd control purposes within the provisions outlined in AB 48 and Penal Code Section 13652. 10 years
Varies depending on ammunition usage and training ($0-$2,000) Pepper Powder Less Lethal Launcher initial training (SRU members only):
• POST certified Specialty Impact Munition instructor school (provided by POST certified instructors - for SRU instructors only) • HPD SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors; includes demonstrated proficiency in use
• HPD SRU training on safety protocols
Pepper Powder Less Lethal Launcher ongoing training (SRU members only):
• Annual SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors)- includes demonstrated proficiency in use
• HPD SRU annual training on safety protocols
Defense Technology LMT Tactical Single Shot 40 mm Launcher - Unit Cost:
$1,100. Quantity: 10. CTS 40 mm Launcher- Unit Cost: $1,250. Quantity: 4. The 40 mm Less Lethal Launcher is a chemical agent and/or specialty impact munition delivery system that can be used by members of the department during high-risk situations. It is capable of delivering CS into a structure or direct fire specialty impact munitions (sponge rounds) to a dangerous or combative subject at various distances. 40 mm Sponge Rounds - Unit Cost: $20. Quantity: 100. The 40 mm sponge round is a direct fire specialty impact munition that is similar in size and consistency to a racquet ball. It can be fired from a 40 mm and be used to neutralize a dangerous or combative subject during high-risk situations.

To be used as a less-lethal force option during high-risk situations, including but not limited to those involving dangerous or combative subjects, riots, or to deliver CS into a structure.

The 40 mm Less Lethal Launcher may only be used by members of the department specially trained in its use and who have shown proficiency during departmental training. Additionally, the 40 mm Less Lethal Launcher may only be used for crowd control purposes within the provisions outlined in AB 48 and Penal Code Section 13652.

All 40 mm launchers are inspected and serviced annually by certified department armorers. They are replaced according to date of purchase and as needed depending on usage.
40 mm launchers-10 years
40 mm sponge rounds - 5 years (manufacturer shelf life) Replaced as needed (estimated $0 to $2,000 annually)
Training Requirements (initial and ongoing):

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40mm Less Lethal Launcher initial training (all officers):
• POST certified Specialty Impact Munition instructor school (provided by POST certified instructors - for department instructors only) • POST certified training for all new officers
• HPD department training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors)- includes demonstrated proficiency in use • HPD training on safety protocols
40mm Less Lethal Launcher ongoing training (all officers):
• Annual HPD department training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors) - includes demonstrated proficiency in use • HPD annual training on safety protocols
706.9.2 REVISIONS
Adopted: July 5, 2022

ATTACHMENT V

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-018
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Acting Development Services Director

SUBJECT
Community Preservation Ordinance: Introduction of an Ordinance Amending, Chapter 5, Article 7 of the Hayward Municipal Code Regarding Community Preservation Standards and Finding that this Action is Subject to the CEQA Common Sense Exemption

RECOMMENDATION
That Council introduces an ordinance (Attachment II) to amend the Community Preservation Ordinance (Chapter 5, Article 7 of the Municipal Code) by Amending Section 5-7.10 relating to definitions, amending Section 5-7.20 relating to public nuisances, renaming Section 5-7.30 relating to administrative citation/abatement notice to authority and enforcement to include expanded subsections, and adding Section 5-7.140 cumulative remedies. It is further recommended that Council find that this action is subject to the CEQA Common Sense Exemption.

SUMMARY
This report presents proposed amendments to the City of Hayward Community Preservation Ordinance (Chapter 5, Article 7 of the Municipal Code). The amendments aim to update and clarify the existing ordinance by amending strategic sections and adding a new section as proposed below. As part of the City’s Strategic Plan to Enhance Community Safety and Quality of Life, updates to the ordinance are provided to assure focus on improving the ordinance’s ability to combat blight and improve neighborhood livability. Additionally, this report presents proposed changes to the Community Preservation Ordinance in response to Council direction associated with the enforcement of fireworks through the community preservation process.

The purpose of the proposed amendments to Chapter 5, Article 7 of the Hayward Municipal Code relating to Community Preservation are meant to improve the ordinance’s capability of combatting blight and improving neighborhood livability. The following changes are proposed to address these issues:
1) Amend Section 5-7.10 Definitions to update the definition section necessary for the administration of the code. Updates include, alphabetization of definitions section, and the addition of Fireworks, State Housing Law, and Vacant Properties as new defined terms due to increased use of the ordinance to address these issues.

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2) Update and organize Section 5-7.20 Public Nuisance to combat blight and property degradation, to include:
a. Consolidation of standards that are similar in intent, to reduce redundancy. For example, Sections 5-7.20 - subsections “a” and “b”, both refer to the keeping of junk, trash and debris- related items on property as a public nuisance. Consolidating subsections with similar intent into one subsection will provide improved clarity and less redundancy in the code. b. Clarification that violations of Hayward’s Building regulations, Fireworks regulations, State Health and Safety regulations and Zoning regulations are subject to the administrative enforcement process contained in Chapter 1, Article 3 (Penalties) and Chapter 1, Article 7 (Administrative Citation Program) of the Hayward Municipal Code, as well as to the nuisance abatement processes contained in Chapter 5, Article 7 (Community Preservation Ordinance).
3) Rename and Expand Section 5-7.30 “Administrative Citation/Abatement Notice” to “Authority and Enforcement” to provide clarity in the Notification, Citation and Penalty/Fee, Inspection and Rights of Entry processes consistent with administrative enforcement processes contained in Chapter 1, Article 3 (Penalties), Chapter 1, Article 7 (Administrative Citation Program), and Chapter 5, Article 7 (Community Preservation Program).
4) Add Section 5-7.140 Cumulative Remedies to provide a comprehensive and flexible approach to enforcement. This section provides additional clarity in the allowance of multiple remedies to be pursued simultaneously or consecutively in response to a violation, such as imposing fines, administrative fees and pursuing injunctive relief, and is consistent with established practices.

No new fees or penalties are proposed to be adopted through this action.

ATTACHMENTS
Attachment I Staff Report
Attachment II Proposed Ordinance
Attachment III Original Ordinance
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Acting Development Services Director

SUBJECT: Community Preservation Ordinance: Introduction of an Ordinance Amending, Chapter 5, Article 7 of the Hayward Municipal Code Regarding Community Preservation Standards and Finding that this Action is Subject to the CEQA Common Sense Exemption

RECOMMENDATION

That Council introduces an ordinance (Attachment II) to amend the Community Preservation Ordinance (Chapter 5, Article 7 of the Municipal Code) by Amending Section 5-7.10 relating to definitions, amending Section 5-7.20 relating to public nuisances, renaming Section 5-7.30 relating to administrative citation/abatement notice to authority and enforcement to include expanded subsections, and adding Section 5-7.140 cumulative remedies. It is further recommended that Council find that this action is subject to the CEQA Common Sense Exemption.

SUMMARY

This report presents proposed amendments to the City of Hayward Community Preservation Ordinance (Chapter 5, Article 7 of the Municipal Code). The amendments aim to update and clarify the existing ordinance by amending strategic sections and adding a new section as proposed below. As part of the City’s Strategic Plan to Enhance Community Safety and Quality of Life, updates to the ordinance are provided to assure focus on improving the ordinance’s ability to combat blight and improve neighborhood livability. Additionally, this report presents proposed changes to the Community Preservation Ordinance in response to council direction associated with the enforcement of fireworks through the community preservation process.

The purpose of the proposed amendments to Chapter 5, Article 7 of the Hayward Municipal Code relating to Community Preservation are meant to improve the ordinances capability of combating blight and improving neighborhood livability. The following changes are proposed to address these issues:

1) Amend Section 5-7.10 “Definitions” to update the definition section necessary for the administration of the code. Updates include, alphabetization of definitions section,

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and the addition of Fireworks, State Housing Law, and Vacant Properties as new defined terms due to increased use of the ordinance to address these issues.

2) Update and organize Section 5-7.20 “Public Nuisance” to combat blight and property degradation, to include:
a. Consolidation of standards that are similar in intent, to reduce redundancy. For example, Sections 5-7.20 -subsections “a” and “b,” both refer to the keeping of junk, trash and debris-related items on property as a public nuisance.

Consolidating subsections with similar intent into one subsection will provide improved clarity and less redundancy in the code.
b. Clarification that violations of Hayward’s Building regulations, Fireworks regulations, State Health and Safety regulations and Zoning regulations are subject to the administrative enforcement process contained in Chapter 1, Article 3 (Penalties) and Chapter 1, Article 7 (Administrative Citation Program) of the Hayward Municipal Code, as well as to the nuisance abatement processes contained in Chapter 5, Article 7 (Community Preservation Ordinance).

3) Rename and Expand Section 5-7.30 “Administrative Citation/Abatement Notice” to “Authority and Enforcement” to provide clarity in the Notification, Penalty/Fee, Inspection and Rights of Entry processes consistent with administrative enforcement processes contained in Chapter 1, Article 3 (Penalties), Chapter 1, Article 7 (Administrative Citation Program), and Chapter 5, Article 7 (Community Preservation Program).

4) Add Section 5-7.140 “Cumulative Remedies” to provide a comprehensive and flexible approach to enforcement. This section provides additional clarity in the allowance of multiple remedies to be pursued simultaneously or consecutively in response to a violation, such as imposing fines, administrative fees and pursuing injunctive relief, and is consistent with established practices.

No new fees or penalties are proposed to be adopted through this action.

BACKGROUND

The Community Preservation Ordinance and its supportive Code Enforcement program have grown over time utilizing Chapter 5, Article 7 – Community Preservation Ordinance as a primary enforcement agent for a variety of ordinances and concerns, including the Weed Abatement Ordinance, the Graffiti Ordinance, Zoning Regulations, the Vacant Property Ordinance, and other adopted state building standards.

The City Council initially adopted ordinances establishing the City’s Community Preservation Ordinance and associated Community Preservation Program in 1990. In 2015, the City Council adopted ordinances revising the previously adopted Community Preservation Ordinance to address the needs of fencing necessary for vacant properties.

In the interim, staff has identified a need for clarifying language related to definitions, standards and processes to strengthen the enforcement mechanisms for violations of the

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Community Preservation Ordinance and align it with the needs of established strategic goals implemented to enhance community safety and quality of life.

DISCUSSION

The Community Preservation Ordinance (Article 5, Chapter 7) does not currently contain any specific definitions for Fireworks, State Housing Law, and Vacant Properties often utilized in the enforcement process to assure compliance with provisions of the code. The Community Preservation Ordinance (Article 5, Chapter 7) does not currently contain any specific provisions regarding enforcement of Fireworks, Building Standards, Health and Safety Standards, other than general statements that it is unlawful to violate any code or ordinance adopted by the City.

The Administrative Citation/Abatement Section (Section 5-7.30) of the code provides little clarity on how it relates to Chapter 1, Article 3 (Penalties) and Chapter 1, Article 7 (Administrative Citation Program) of the Municipal Code. Additionally, this section provides no language or transparency on established notification, inspection or rights of entry authority, or processes as it pertains to the enforcement of the code.

The Community Preservation Ordinance (Article 5, Chapter 7) currently has no cumulative remedies section. A cumulative remedies section in an ordinance is an important provision that outlines the legal options available to the City in case of a violation of the ordinance. This section serves as a crucial tool to ensure that the ordinance's enforcement is effective, consistent, and fair. The cumulative remedies section provides a clear framework for addressing violations of the ordinance by establishing a range of remedies that can be pursued by the City. These remedies may include administrative penalties, fines, injunctive relief, administrative cost recovery, or even criminal prosecution.

The proposed amendments would clarify that existing administrative enforcement provisions of the Hayward Municipal Code are applicable to violations of Fireworks regulations, State Health and Safety Standards, Building Standards as well as other adopted Codes.

Additionally, the proposed amendments would clarify Citation, Penalty, Notification, Inspection, and Rights of Entry processes utilized in the enforcement process. As a final improvement, the addition of a cumulative remedies section to the ordinance will clarify and provide transparency in the application of additional remedies used in the enforcement process which mitigate health, safety and other public nuisance violations.

This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an activity that is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The general exemption applies in this instance because it can be seen with certainty that there is no possibility that the proposed amendments could have a significant effect on the environment, and thus are not subject to CEQA.

STRATEGIC ROADMAP

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This agenda item supports the Strategic Priority of Support Quality of Life. Specifically, this item relates to the implementation of the following projects(s): Plan Item - Enhance Community Safety and Quality of Life
Project 3, Goal Q15: Revamp community preservation ordinance to combat blight and enhance neighborhood livability.

FISCAL IMPACT

No new fees or penalties are proposed as part of this item.

SUSTAINABILITY FEATURES

Preventing public nuisance conditions on private property that contribute to neighborhood degradation and pollution of city streets, and private lands will benefit Haywards’s neighborhoods and the health and safety of Hayward Residents and Businesses.

PUBLIC CONTACT

Staff reached out to 23 active Homeowner Associates (HOAs) between January 5, 2023, and March 30, 2023, for public input in regard to neighborhood preservation concerns and changes associated with the community preservation ordinance update. While meetings with HOAs indicated no concerns over the proposed updates, some HOA groups such as Old Highland Hills Association (OHHA) and Eden Shores HOA expressed concerns on topics currently being resolved such as Fireworks and graffiti. Other zoning-related concerns were mentioned, and those issues were forwarded to the appropriate departments for review.

Notice of this meeting was published in The Daily Review newspaper on June 2, 2023, and June 9, 2023 of Council’s scheduled review of this item. No responses to the notice have been received by staff at the time of finalization of this report.

NEXT STEPS

If the City Council introduces the ordinance, it will be brought back for adoption at a subsequent City Council meeting. The ordinance will take effect 30 days from the date of adoption by the City Council.

Prepared by: Phillip Nichols, Code Enforcement Manager

Recommended by: Sara Buizer, Acting Development Services Director

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Created: 2022-10-22 18:46:20 [EST]
(Supp. No. 17)

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ORDINANCE NO. 23-__

ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING CHAPTER 5, ARTICLE 7 OF THE HAYWARD MUNICIPAL CODE REGARDING COMMUNITY PRESERVATION BY AMENDING SEC TION 5 -7.00 RELATING TO FINDINGS AND PURPOSE, AMENDING SECTION 5 -7.10 RELATING TO DEFINITIONS, AMENDING SECTION 5 -7.20 RELATING TO PUBLIC N UISANCE, AMENDING SECTION 5-7.30 RELATING TO ADMINISTRATIVE CITATIONS AND ADDING SECTION 5-7.140 RELATING TO CUMULATIVE REMEDIES

THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Section 5 -7.00 of the Hayward Municipal Code is amended to read as follows:

SEC. 5-7.00 FINDINGS AND PURPOSE.

The City Council finds and declares the following:
a. Regulations set forth in this Article are necessary in order to eliminate conditions on properties in the City which are detrimental or threaten injury or damage to the health, safety, and welfare of residents thereof, to neighboring occupants or properties, and the municipal welfare.
b. It is the responsibility of property owners, lenders, trustees, or others with possessory, equitable, or legal interests in real property and the buildings or structures to maintain, secure, and prevent these properties from becoming a burden to the neighborhood and community or a threat to public health, safety and welfare.

Section 2. Section 5 -7.10 of the Hayward Municipal Code is amended to read as follows:

SEC. 5-7.10 DEFINITIONS.

ATTACHMENT II

Created: 2022-10-22 18:46:20 [EST]
(Supp. No. 17)

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b. COSTS shall mean and include, but not be limited to, personnel costs, both direct and indirect; cost incurred in documenting the nuisance and/or violation; fines; fees; penalties; abatement and abatement related costs; the actual expenses and costs of the City in the preparation and dissemination of notices, specifications, and contracts and in inspecting the work; and the costs of printing and mailing the notices required hereunder and the actual expenses and costs of imposing a lien or special assessment if that become necessary.
c. ENFORCEMENT OFFICER shall mean any employee or official appointed and designated by the City Manager to administer the provisions of this Article. For this purpose, he/she shall have the authority to issue citations, and he/she may enter upon any portion of the premise for the purpose of inspection and enforcement. d. FIREWORKS shall mean all “Fireworks” as described under California Health and Safety Code Section 12505 and 12511 and “Safe and Sane Fireworks “as described under California Health and Safety Code Section 12529
e. GRAFFITI shall mean the unauthorized letters, words, symbols, figures, and marks placed on buildings and objects on a private property, public property or the public right-of-way by using paint or marking with ink, chalk, crayon, dye or other similar substances, or by cutting or scraping with any tool or instrument f. HEARING OFFICER shall mean the City Manager or his/her designee authorized to conduct hearings pursuant to this Article.
g. INOPERATIVE shall mean any vehicle that: (1) cannot be immediately started and driven under its own power on the streets and highways or (2) is in an unsafe condition or (3) is in any other condition specified in the California Vehicle Code which prohibits its placement and/or movement on the public streets or highways. h. LIEN shall have the meaning set forth in Government Code Section 38773.1, or its successor.
i. NUISANCE shall mean anything or condition which threatens injury or damage to the health, safety, welfare, or property of members of the public, which obstructs the free use of property of others or interferes with the comfortable enjoyment of life or property.
j. OWNER shall mean any person, persons, organization, or legal entity owning property as shown on the last equalized assessment roll for City taxes and also includes the lessee, tenant or other person having control or possession of the property unless otherwise specified.
k. PLANTER STRIP shall mean the area between the curb and sidewalk on the street frontage.
i. PROPERTY shall mean all real property, improved or unimproved, including but not limited to residential, industrial, commercial, agricultural, open space and other real

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property. The area of such property includes front yards, front porch, rear yards, side yards, driveways, carports, walkways, alleys and sidewalks, and shall include any building or other structure, whether fixed or moveable, located on such property. m. RESPONSIBLE PARTY shall mean the owner, agent, manager, lessee, tenant or any other person having control or possession of the property, whether for residential, industrial, commercial or other purpose.
n. SPECIAL ASSESSMENT shall have the meaning set forth in Government Code Section 38773.5, or its successor.
o. STATE HOUSING LAW shall mean Division 13, Part 1.5 (commencing at Section 17913) of the California Health and Safety Code, and Article 1(commencing at Section 1), Chapter 1, Title 25 of the California Code of Regulations. p. VACANT PROPERTY shall have the meaning as set forth in Article 29 Vacant Property Ordinance of the Hayward Municipal Code.

ATTACHMENT III

Section 3. Section 5 -7.20 of the Hayward Municipal Code is amended to read as follows:

SEC. 5-7.20 PUBLIC NUISANCE.

It shall be unlawful for any responsible party owning, leasing, renting, occupying, or having charge or possession of any property in the City to maintain or to allow to be maintained such property in a condition detrimental to public health, safety, or general welfare or in a condition which violates any code or ordinance adopted by the City. Every owner of real property within the City shall manage that property in such a manner to avoid violation of this code. The property owner shall be responsible for violations thereof, regardless of any contract or agreement with any third party regarding the property. Where there are multiple property owners, the property owners shall have joint and several liability. The existence of any of the following conditions on the property is hereby declared to be detrimental to public health, safety, or general welfare and thus constitutes a public nuisance, including, but not limited to:
a. Accumulation of garbage, junk, litter, bins, boxes, construction debris, bags, dirt, used motor oil, salvage materials, scrap metal, bottles, cans and wire, paint cans, or other debris kept on the property other than recycling materials contained in an enclosed non- habitable structure or appropriate containers, or other debris; b. Any Violation of State Housing Laws or Codes established to prevent health and safety hazards and substandard conditions in buildings and parts thereof used for human habitation. To include but not limited to the presence of conditions deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. c. Broken or discarded furniture, household furnishings, appliances, equipment, or other items intended for inside use;
d. Fences with broken boards, rotted posts, or fences that are leaning, dilapidated, or in disrepair that are visible from the public right-of-way or when associated with a vacant property found not to be in compliance with fence standards established in Article 29 Vacant Property Ordinance;
e. Fuel tanks, storage cylinders for any type of gas, or other such containers which are not located in an enclosed structure, connected to a gas barbeque or attached to a recreational vehicle, camper, or camping trailer;
f. Graffiti on public or private property;
g. The storage of construction materials on a construction site for more than thirty (30) days where there is no on-going construction activity;
h. Washers, dryers, refrigerators, freezers or other appliances or similar items on the property that is in view of the public right-of-way;
i. Clotheslines or clothes hanging in front yards, side yards, porches, or balconies; however, clotheslines and clothes hanging in rear yards are permitted;

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j. Buildings or structures including, but not limited to walls, windows, fences, signs, retaining walls, driveways, walkways, roofing materials, or other objects which are broken or deteriorated or present a risk to public safety, including but not limited to peeling, flaking, blistering, or otherwise deteriorated paint, where twenty-five percent (25%) or more of any painted surfaces of the building's exterior observable from public view is peeling; or lacks weather protection due to lack of paint. k. Occupied buildings whose doors or windows are boarded up or covered with tarps or similar opaque material, except as otherwise directed by the City's Building Official or designee;
l. Violation of any adopted code or regulation or contract as established under the City of Hayward Municipal Code. To Include but not limited to: Chapter 5 – Health and Sanitation, Chapter 9 - Building Regulations, and Chapter 10 – Planning, Zoning and Subdivisions;
m. Unoccupied buildings which are unsecured or neglected or in violation of Article 29 – Vacant Property Ordinance;
n. Materials such as tarps or similar non-permanent articles on roofs for more than thirty (30) days;
o. Attractive nuisances or any dangerous machinery or conditions including, but not limited to, abandoned, broken or neglected equipment, tools and vehicle repair equipment;
p. Overgrown trees or vegetation that obstruct public right- of-way or sidewalk or obscure the necessary view of drivers or pedestrians on public streets or private driveways; or weeds that exceed four (4) inches in any yard or planter strip; overgrown or unsightly vegetation or weeds which may harbor rats, vermin, or other rodents;
q. Dead trees or dead plant material;
r. Operable boats, trailers, and other vehicles of similar kind and use stored in the front yard on the property which are not entirely located on the designated paved driveway area that provides direct access to the garage from the street, perpendicular to the street or unless the driveway is curved;
s. Inoperable, wrecked, dismantled, partially repaired or abandoned boats, trailers, cars, motorcycles, and/or other vehicles of similar kind and use on the property that are not stored in an enclosed structure;
t. Unmounted campers or camper shells visible from the public right-or-way which are left in the rear, side, front yard areas;
u. Automobile(s), truck(s), boat(s), trailer(s), and other vehicle(s) of similar kind and use which are displayed for sale on any parking lot or unimproved property, except for authorized vehicle dealer sales lots;

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v. Commercial vehicles, as defined by the California Vehicle Code, that are parked or stored in any residential district, except vehicles operating in the normal course of business;
w. Any sleeping or living in any vehicle, or any violation of Article 17 – Camping or Storage of Personal Property;
x. Any structure or condition in violation of Section 10-1.2735.i, of this code (Recycling Facilities and Recycling Collection Facilities).
y. Any use or discharge of any fireworks, bomb, or explosive preparation of any nature whatsoever on private property within the limits of the City of Hayward in accordance with HMC SEC. 3-3.00 unless lawfully permitted by the City of Hayward Police Chief, Fire Chief or City Manager.

Section 4. Section 5 -7.30 of the Hayward Municipal Code is amended to read as follows:

SEC. 5-7.30 AUTHORITY AND ENFORCMENT
a. Enforcement: Compliance with these regulations shall be enforced by the City Manager or designee. The designated Code Enforcement Official is authorized and directed to use the provisions of this Article and the Hayward Municipal Code for abating violations of the conditions defined by this Article as a public nuisance or abating the unlawful conditions defined in this Article.

1. Nothing in this chapter shall be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a blighted property, nor shall this chapter in any way limit the city 's right to enforcement under any other provision of this Code or create a duty or obligation on the part of the city to enforce this chapter.
b. Inspections: The Enforcement Official as designated by the City Manager pursuant to Section 1-3.06 shall have authority to inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of this code. All inspections, with the exception of those inspections conducted at the public right-of-way, shall be at the consent of the property owner or tenant in legal possession of the property at the time of inspection or by Court approved Inspection warrant pursuant to Section 5-7.50.

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i. Except in emergency situations, the Enforcement Official shall not enter any building, structure, or premises without the consent of the owner or occupant thereof, unless he/she possesses an inspection warrant obtained and issued in the manner provided by sections 1822.50 et seq. of the Code of Civil Procedure of the State of California or any amendments thereto to or replacements thereof.
ii. Except as hereinabove permitted, no person shall hinder or prevent the Enforcement Official while in the performance of the duties described above, from entering upon, and into any building, structure, or premises under his jurisdiction, at all reasonable hours during daylight hours and for probable cause, for the purpose of inspecting the same to determine whether or not the provisions of this code are observed therein. c. Notice and Order: In lieu of an Administrative Citation, if the City designee or Enforcement Inspector determines that a property is in violation of the provisions of this Article or the Hayward Municipal Code, a Notice and Order may be issued and mailed via 1st class mail pursuant to Article 7, of the City of Hayward General Provisions Code, unless otherwise authorized under Summary Abatement, Section 5-7.65 or any other manner provided by law. The Notice and Order will include the following information:

1. Correction Notice Content as required by SEC. 1-7.15 of Article 7, of the City of Hayward General Provisions Code.

2. A listing of All violations and necessary corrective actions to be completed by the specified date of no less than three (3) and not more than Thirty (30) calendar days from the date of Notice and Order

3. Notification that non-compliance may result in a City abatement in accordance with the provisions set forth in this Article and Hayward Municipal Code.

4. Notification that all inspection/abatement costs, penalties, and any other applicable fees will be assessed upon the property, and if not paid, will constitute a lien or special assessment.

5. The right to appeal through an administrative hearing requires submission of an Administrative Hearing form within ten (10) calendar days of the initial notice of violation and payment of a required hearing fee as adopted in the City's Master Fee Schedule.

6. Indication that if the nuisance is abated by the City, the costs thereof will be assessed upon the property, and if not paid, will constitute a lien or special assessment upon the property until paid.

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environmental document issued or approved by or on behalf of the City or failure to comply with any County, State or Federal laws the violation of which constitutes a public nuisance, such Enforcement Officer is authorized to issue administrative penalties, fees and fines as defined under Chapter 1 – General Provisions -Article 7 and Cumulative Remedies under Chapter 5 Article 7 of the Hayward Municipal Code.

1. Notification of such penalties and fees may be issued to the responsible party or property owner by Administrative Citation or other notification of penalties and fees the contents of such notifications shall be consistent with requirements as listed in Section 1-7.04 – Administrative Citation Content.

Section 5. Section 5-7.140 of the Hayward Municipal Code is added to read as follows:

SEC. 5-7.140 - CUMULATIVE REMEDIES.
a. Failure to comply as ordered will result in the issuance of penalty fees in accordance with the City of Hayward Master Fee Schedule. In addition, the Enforcement Officer may take all steps necessary to cause the same to be abated by such City employees or City authorized private contractor(s) to enter upon subject property. All City abatement expenses, including but not limited to, administrative costs and nuisance condition abatement costs shall be billed to the owner and shall become due and payable thirty (30) days thereafter. Failure to pay may result in a lien or special assessment being placed on the property after a hearing on the matter if requested as provided in Chapter 5, Article 7 of this Code. b. Any persons in violation of any provision of the Community Preservation Ordinance is chargeable of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. The remedies provided in these regulations shall be cumulative and may include administrative citation pursuant to Chapter 1, Article 7 of this Code and/or abatement pursuant to Chapter 5, Article 7 of this Code, in addition to any other procedures provided in the Hayward Municipal Code or by state law. Administrative action hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such violation. All inspection, fines and penalties fees for violation of the Community Preservation Ordinance shall be as established by resolution of the City Council in the Master Fee Schedule for the City of Hayward Code Enforcement Division.

Section 6. California Environmental Quality Act (CEQA). The City Council independently finds and determines that this action is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an activity that is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The general exemption applies in this instance because it can be seen with certainty that there is no possibility that the proposed amendments could have a significant effect on the environment, and thus are not subject to CEQA. Thus, it can be seen with certainty that the proposed project would not have a significant effect on the environment.

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Section 7. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2023, by Council Member __________________________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 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
ARTICLE 7 COMMUNITY PRESERVATION AND IMPROVEMENT

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ARTICLE 7 COMMUNITY PRESERVATION AND IMPROVEMENT
SEC. 5-7.00 FINDINGS AND PURPOSE.

The City Council finds and declares the following: that the a. Rregulations set forth in this Article are necessary in order to eliminate conditions on properties in the City which are detrimental or threaten injury or damage to the health, safety, and welfare of residents thereof, to neighboring occupants or properties, and the municipal welfare. b. It is the responsibility of property owners, lenders, trustees, or others with possessory, equitable, or legal interests in real property and the buildings or structures to maintain, secure, and prevent these properties from becoming a burden to the neighborhood and community or a threat to public health, safety and welfare.

SEC. 5-7.10 DEFINITIONS.

For the purposes of this Article, certain words and phrases are defined and shall be construed as set out in this section. Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application. a. BUILDING shall mean any structure used or intended for supporting or sheltering any use or occupancy. b. ENFORCEMENT OFFICER shall mean any employee or official appointed and designated by the City Manager to administer the provisions of this Article. For this purpose he/she shall have the authority to issue citations, and he/she may enter upon any portion of the premise for the purpose of inspection and enforcement. COSTS shall mean and include, but not be limited to, personnel costs, both direct and indirect; cost incurred in documenting the nuisance and/or violation; fines; fees; penalties; abatement and abatement related costs; the actual expenses and costs of the City in th e preparation and dissemination of notices, specifications, and contracts and in inspecting the work; and the costs of printing and mailing the notices required hereunder and the actual expenses and costs of imposing a lien or special assessment if that become necessary.

c. GRAFFITI shall mean the unauthorized letters, words, symbols, figures and marks placed on buildings and objects on a private property, public property or the public right -of-way by using paint or marking with ink, chalk, crayon, dye or other similar substances, or by cutting or scraping with any tool or instrument. ENFORCEMENT OFFICER shall mean any employee or official appointed and designated by the City Manager to administer the provisions of this Article. For this purpose he/she shal l have the authority to issue citations, and he/she may enter upon any portion of the premise for the purpose of inspection and enforcement.
d. HEARING OFFICER shall mean the City Manager or his/her designee authorized to conduct hearings pursuant to this Article. FIREWORKS shall mean all “Fireworks” as described under California Health and Safety Code Section 12505 and 12511 and “Safe and Sane Fireworks “as described under California Health and Safety Code Section 12529
e. INOPERATIVE shall mean any vehicle that: (1) cannot be immediately started and driven under its own power on the streets and highways or (2) is in an unsafe condition or (3) is in any other condition specified in the California Vehicle Code which prohibits its placement and/or movement on the public

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streets or highways. GRAFFITI shall mean the unauthorized letters, words, symbols, figures and marks placed on buildings and objects on a private property, public property or the public right -of-way by using paint or marking with ink, chalk, crayon, dye or other similar substances, or by cutting or scraping with any tool or instrument.
f. NUISANCE shall mean anything or condition which threatens injury or damage to the health, safety, welfare or property of members of the public, which obstructs the free use of property of others or interferes with the comfortable enjoyment of life or property. HEARING OFFICER shall mean the City Manager or his/her designee authorized to conduct hearings pursuant to this Article. g. OWNER shall mean any person, persons, organization or legal entity owning property as shown on the last equalized assessment roll for City taxes and also includes the lessee, tenant or other person having control or possession of the property unless otherwise specified. INOPERATIVE shall mean any vehicle that: (1) cannot be immediately started and driven under its own power on the streets and highways or (2) is in an unsafe condition or (3) is in any other condition specified in the California Vehicle Code which prohibits its placement and/or movement on the public streets or highways. h. PLANTER STRIP shall mean the area between the curb and sidewalk on street frontage. LIEN shall have the meaning set forth in Government Code Section 38773.1, or its successor. i. PROPERTY shall mean all real property, improved or unimproved, including but not limited to residential, industrial, commercial, agricultural, open space and other real property. The area of such property includes front yards, front porch, rear yards, side yards, driveways, carports, walkways, alleys and sidewalks, and shall include any building or other structure, whether fixed or moveable, located on such property. NUISANCE shall mean anything or condition which threatens injury or damage to the health, safety, welfare or property of members of the public, which obstructs the free use of property of others or interferes with the comfortable enjoyment of life or property. j. RESPONSIBLE PARTY shall mean the owner, agent, manager, lessee, tenant or any other person having control or possession of the property, whether for residential, industrial, commercial or other purpose.

OWNER shall mean any person, persons, organization or legal entity owning property as shown on the last equalized assessment roll for City taxes and also includes the lessee, tenant or other person having control or possession of the property unless otherwise specified. k. COSTS shall mean and include, but not be limited to, personnel costs, both direct and indirect; cost incurred in documenting the nuisance and/or violation; fines; fees; penalties; abatement and abatement related costs; the actual expenses and costs of the City in the preparation and dissemination of notices, specifications, and contracts and in inspecting the work; and th e costs of printing and mailing the notices required hereunder and the actual expenses and costs of imposing a lien or special assessment if that become necessary. PLANTER STRIP shall mean the area between the curb and sidewalk on street frontage.
l. LIEN shall have the meaning set forth in Government Code Section 38773.1, or its successor. PROPERTY shall mean all real property, improved or unimproved, including but not limited to residential, industrial, commercial, agricultural, open space and other real property. The area of such property includes front yards, front porch, rear yards, side yards, driveways, carports, walkways, alleys and sidewalks, and shall include any building or other structure, whether fixed or moveable, located on such property.
m. SPECIAL ASSESSMENT shall have the meaning set forth in Government Code Section 38773.5, or its successor. RESPONSIBLE PARTY shall mean the owner, agent, manager, lessee, tenant or any other person having control or possession of the property, whether for residential, industrial, commercial or other purpose.

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n. SPECIAL ASSESSMENT shall have the meaning set forth in Government Code Section 38773.5, or its successor.

o. STATE HOUSING LAW shall mean Division 13, Part 1.5 (commencing at Section 17913) of the C alifornia Health and Safety Code, and Article 1(commencing at Section 1), Chapter 1, Title 25 of the California Code of Regulations.

p. VACANT PROPERTY shall have the meaning as set forth in Article 29 Vacant Property Ordinance of the Hayward Municipal Code.

SEC. 5-7.20 PUBLIC NUISANCE.

It shall be unlawful for any responsible party owning, leasing, renting, occupying, or having charge or possession of any property in the City to maintain or to allow to be maintained such property in a condition detrimental to public health, safety, or general welfare or in a condition which violates any code or ordinance adopted by the City. Every owner of real property within the City shall manage that property in such a manner to avoid violation of this code. The property owner shall be responsible for violations thereof, regardless of any contract or agreement with any third party regarding the property. Where there are multiple property owners, the property owners shall have joint and several liability. The existence of any of the following conditions on the property is hereby declared to be detrimental to public health, safety, or general welfare and thus constitutes a public nuisance, including, but not limited to:
a. Accumulation of garbage, litter, bins, boxes, construction debris, bags, dirt, used motor oil, salvage materials, shopping carts, scrap metal, bottles, cans and wire, paint cans, or other debris kept on the property other than recycling materials contained in an enclosed non- habitable structure or appropriate containers, or other debris; or other debris; b. Junk, trash, shopping carts, salvage materials, scrap metal, bottles, cans and wire, paint cans, or other debris kept on the property other than recycling materials contained in an enclosed non- habitable structure or appropriate containers; Any Violation of State Housing Laws or Codes established to prevent health and safety hazards and substandard conditions in buildings and parts thereof used for human habitation. To include but not limited to the presence of conditions deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. c. Broken or discarded furniture, household furnishings, appliances, equipment, or othe r items intended for inside use;
d. Fences with broken boards, rotted posts, or fences that are leaning, dilapidated, or in disrepair that are visible from the public right-of-way or when associated with a vacant property found not to be in compliance with fence standards established in Article 29 Vacant Property Ordinance; ; e. Fuel tanks, storage cylinders for any type of gas, or other such containers which are not located in an enclosed structure, connected to a gas barbeque or attached to a recreationa l vehicle, camper, or camping trailer;
f. Graffiti on public or private property;
g. The storage of construction materials on a construction site for more than thirty (30) days where there is no on-going construction activity;
h. Washers, dryers, refrigerators, freezers or other appliances or similar items on the property that is in view of the public right-of-way;
i. Clotheslines or clothes hanging in front yards, side yards, porches, or balconies; however, clotheslines and clothes hanging in rear yards are permitted;

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j. Buildings or structures including, but not limited to walls, windows, fences, signs, retaining walls, driveways, walkways, roofing materials, or other objects which are broken or deteriorated or present a risk to public safety, including but not limited to peeling, flaking, blistering, or otherwise deteriorated paint, where twenty-five percent (25%) or more of any painted surfaces of the building's exterior observable from public view is peeling; or lacks weather protection due to lack of paint. k. Occupied buildings whose doors or windows are boarded up or covered with tarps or similar opaque material, except as otherwise directed by the City's Building Official or designee; l. Occupied buildings with broken or cracked glass windows or doors Violation of any adopted code or regulation or contract as established under the City of Hayward Municipal Code. To Include but not limited to: Chapter 5 – Health and Sanitation, Chapter 9 - Building Regulations, and Chapter 10 – Planning, Zoning and Subdivisions;
m. Unoccupied buildings which are unsecured or neglected or in violation of Article 29 – Vacant Property Ordinance;
n. Materials such as tarps or similar non-permanent articles on roofs for more than thirty (30) days; o. Attractive nuisances or any dangerous machinery or conditions including, but not limited to, abandoned, broken or neglected equipment, tools and vehicle repair equipment; p. Overgrown trees or vegetation that obstruct public right- of-way or sidewalk or obscure the necessary view of drivers or pedestrians on public streets or private driveways; or weeds that exceed four (4) inches in any yard or planter strip; overgrown or unsightly vegetation or weeds which may harbor rats, vermin, or other rodents;
q. Dead trees or dead plant material;
r. Operable boats, trailers, and other vehicles of similar kind and use stored in the front yard on the property which are not entirely located on the designated paved driveway area that provides direct access to the garage from the street, perpendicular to the street or unless the driveway is curved; s. Inoperable, wrecked, dismantled, partially repaired or abandoned boats, trailers, cars, motorcycles, and/or other vehicles of similar kind and use on the property that ar e not stored in an enclosed structure;
t. Unmounted campers or camper shells visible from the public right-or-way which are left in the rear, side, front yard areas;
u. Automobile(s), truck(s), boat(s), trailer(s), and other vehicle(s) of similar kind an d use which are displayed for sale on any parking lot or unimproved property, except for authorized vehicle dealer sales lots;
v. Commercial vehicles, as defined by the California Vehicle Code, that are parked or stored in any residential district, except vehicles operating in the normal course of business; w. Sleeping or living in any vehicle. , or any violation of Article 17 – Camping or Storage of Personal Property;
x. Any structure or condition in violation of Section 10-1.2735.i, of this code (Recycling Facilities and Recycling Collection Facilities).
y. A fence in violation of 10-1.2735.j (Fence Regulations for Vacant Properties) of this code. Any use or discharge of any fireworks, bomb, or explosive preparation of any nature whatsoever on private property within the limits of the City of Hayward in accordance with HMC SEC. 3 -3.00 unless lawfully permitted by the City of Hayward Police Chief, Fire Chief or City Manager.

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SEC. 5-7.25 UNLAWFUL NUISANCE ON PUBLIC PROPERTY.

It shall be unlawful for any person owning, leasing, renting, occupying, or having charg e or possession of any private property in the City to maintain or to allow to be maintained such property for any purposes so as to create any of the following conditions on adjacent or contiguous public property:
a. The discarding of furniture, appliances, containers of used motor oil, car batteries, tires and other household waste upon a public street, right-of-way or other public property; b. The depositing or spilling of debris, including trash, paper, wood, plant cuttings and other vegetation onto the public right-of-way or other public property;
c. The depositing of mud, dirt, sand, gravel, or concrete onto the public right -of -way that is not associated with the construction or repair of any building or structure pursuant to section 3 -5.02 of this code. In the event that such material is deposited in the public right -of-way the responsible party shall make every effort to ensure that the material does not flow into a public storm drain or watercourse and shall remove the material as quickly as is feasible; d. The existence of any condition or use which unlawfully obstructs the free passage or use of any public right-of-way, street, or sidewalk.

SEC. 5-7.30 ADMINISTRATIVE CITATION/ABATEMENT NOTICE. AUTHORITY AND ENFORCMENT a. Enforcement: Compliance with these regulations shall be enforced by the City Manager or designee.

The designated Code Enforcement Official is authorized and directed to use the provisions of this Article and the Hayward Municipal Code for abating violations of the conditions defined by this Article as a public nuisance or abating the unlawful conditions defined in this Article.

1. Nothing in this chapter shall be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a blighted property, nor shall this chapter in any way limit the city 's right to enforcement under any other provision of t his Code or create a duty or obligation on the part of the city to enforce this chapter. b. Inspections: The Enforcement Official as designated by the City Manager pursuant to Section 1 -3.06 shall have authority to inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of this code. All inspections, with the exception of those inspections conducted at the public right-of-way, shall be at the consent of the property owner or tenant in legal possession of the property at the time of inspection or by Court approved Inspection warrant pursuant to Section 5-7.50.

1. Right of Entry: Upon presentation of proper credentials, the Enforcement Official, after having obtained the consent of the owner or occupant, may enter at reasonable times during daylight hours and for probable cause, any building, structure, or premises in the City to perform any duty imposed upon him/her by this code. i. Except in emergency situations, the Enforcement Official shall not en ter any building, structure, or premises without the consent of the owner or occupant thereof, unless he/she possesses an inspection warrant obtained and issued in the manner provided by sections 1822.50 et seq. of the Code of Civil Procedure of the State of California or any amendments thereto to or replacements thereof. ii. Except as hereinabove permitted, no person shall hinder or prevent the Enforcement Official while in the performance of the duties described above, from entering upon, and into any building, structure, or premises under his jurisdiction,

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at all reasonable hours during daylight hours and for probable cause, for the purpose of inspecting the same to determine whether or not the provisions of this code are observed therein.
c. Notice and Order: In lieu of an Administrative Citation, if the City designee or Enforcement Inspector determines that a property is in violation of the provisions of this Article or the Hayward Municipal Code, a Notice and Order may be issued and mailed via 1st class mail pursuant to Article 7, of the City of Hayward General Provisions Code, unless otherwise authorized under Summary Abatement, Section 5-7.65 or any other manner provided by law. The Notice and Order will include the following information:

1. Correction Notice Content as required by SEC. 1-7.15 of Article 7, of the City of Hayward General Provisions Code.

3. Notification that non-compliance may result in a City abatement in accordance with the provisions set forth in this Article and Hayward Municipal Code.

4. Notification that all inspection/abatement costs, penalties, and any other applicable fees will be assessed upon the property, and if not paid, will constitute a lien or special assessment.

7. A description of any costs the City Council may adopt by resolution from time to time relating to the enforcement of this Article.
d. Administrative Citation: Whenever an Enforcement Officer finds that a provision of this Code has been violated, including, but not limited to, a failure to comply with a Notice and Order, conditions imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the City or failure to comply with any County, State or Federal laws the violation of which constitutes a public nuisance, such Enforcement Officer is authorized to issue administrative penalties, fees and fines as defined under Chapter 1 – General Provisions -Article 7 and Cumulative Remedies under Chapter 5 Article 7 of the Hayward Municipal Code.

Whenever the Enforcement Officer determines that any property within the City is being m aintained in violation of one (1) or more of the provisions of this Article, the Enforcement Officer shall give written notice to the owner of said property stating the section(s) being violated. The notice shall set forth a reasonable time limit for the owner to abate the condition, which shall be no less than three (3) calendar days or not more than fourteen (14) calendar days from the date of the notice unless otherwise authorized by another section of this code, and which may also set forth suggested methods of correcting the violation(s). At the discretion of the Enforcement

Created: 2023-05-19 09:25:02 [EST]
(Supp. No. 19)

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Officer, an extension(s) not to exceed fourteen (14) days at a time may be granted for good cause for correcting the violation(s).

The notice shall direct the property owner either to abate the violation(s) or request an administrative hearing. If the notice period provided for correcting the violation is less than seven (7) days, then the owner may request an administrative hearing any time prior to the end of the time period provi ded in the notice. If notice is served by mail, the owner may request an administrative hearing, to show cause why the violation(s) should not be abated by the City at the property owner's expense. The notice shall also indicate that if the nuisance is aba ted by the City, the costs thereof will be assessed upon the property, and if not paid, will constitute a lien or special assessment upon the property until paid. The notice shall also include a description of any costs the City Council may adopt by resolution from time to time relating to enforcement of this Article.

SEC. 5-7.35 MANNER OF GIVING ABATEMENT NOTICE.

A copy of the notice provided for in this section shall be served on the property owner in accordance with State law. A copy of the notice will be mailed to the owner's address as it appears on the last equalized assessment roll or as known to the Enforcement Officer. The failure of any person to receive notice properly given shall not affect the validity of any proceedings hereunder.

SEC. 5-7.40 ADMINISTRATIVE HEARING.

Any owner may request an Administrative Hearing. The purpose of an Administrative Hearing is to allow the owner to dispute the factual findings of the violation(s). If a hearing is requested , at the time fixed for the Administrative Hearing, the Hearing Officer shall hear and consider all relevant evidence, objections, or protests offered on behalf of the owner to show why the condition should not be abated. The Hearing Officer may also consider rebuttal evidence offered by the City. The hearing may be continued from time to time. If, at the conclusion of the hearing, based upon the record, the Hearing Officer is satisfied that the condition exists and concludes that it should be abated, he or she shall issue a written decision setting forth his/her findings and shall cause the same to be served upon the persons attending the hearing. The right to Judicial Review shall be governed pursuant to section 1-7.13 Administrative Citation - Right to Judicial Review.

SEC. 5-7.50 INSPECTION WARRANTS.

Whenever there exists cause to suspect a violation of any provision of this Article, and the owner refuses to permit entry for investigation, the Enforcement Officer may seek to obtain a warrant issued by the Superior Court of Alameda County for the purposes of inspection.

SEC. 5-7.60 ABATEMENT WARRANTS.

Once notice has been given of a violation of any provision of this Article, and t he owner does not abate or cause to abate the violation as required, the Enforcement Officer may seek to obtain a warrant issued by the Superior Court of Alameda County for the purposes of abatement.

SEC. 5-7.65 SUMMARY ABATEMENT BY CITY.

If the Enforcement Officer finds that a violation constitutes an imminent danger to the public health or safety, he or she shall have the authority to abate the condition or cause the condition to be abated summarily and without notice. The expenses of such abatement shall become a lien or special assessment on the property and, if unpaid, collected as provided herein.

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(Supp. No. 19)

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SEC. 5-7.70 ABATEMENT OF NUISANCES.

If the nuisance is not abated as ordered within the abatement period, the Enforcement Officer shall take all steps necessary to cause the same to be abated by such City employees or private contractors the Enforcement Officer may authorize to enter upon the property for such purposes. The expenses of such abatement, including administrative costs, of abating the nuisance shall be billed to the owner and shall become due and payable thirty (30) days thereafter. Failure to pay may result in a lien or special assessment being placed on the property after a hearing on the matter if requested as provided hereinafter.

SEC. 5-7.80 NOTICE OF LIEN/SPECIAL ASSESSMENT.

Pursuant to California State Government Code Sections 38773.1 and 38773.5, prior to placing any liens or special assessments against a property for unpaid inspection fees, charges or penalties, all applicable owners shall be properly served written notice of past due amounts, and the right to have a Lien/Special Assessment Hearing as described hereinafter.

SEC. 5-7.90 LIEN/SPECIAL ASSESSMENT HEARING.

Any owner may request a Lien/Special Assessment Hearing. The purpose of the Lien/Special Asse ssment Hearing is to provide an opportunity for any objections which may be raised by any person liable to be charged for the work of abating cited code violations and related charges associated with their property. The Enforcement Officer shall attend said Lien/Special Assessment Hearings with his or her record thereof, and upon the hearing, the Hearing Officer may make the modifications in the proposed lien/special assessment as deemed necessary.

When a Lien/Special Assessment Hearing is requested, the amount of the cost of abating cited code violations upheld by the Hearing Officer, including inspection charges and administrative expenses shall, after being confirmed by the City Council, constitute a lien or special assessment on the property for the amou nt of the charges until paid. The right to Judicial Review shall be governed pursuant to section 1 -7.13 Administrative Citation - Right to Judicial Review.

SEC. 5-7.100 ACCOUNT AND REPORT OF COST.

The Enforcement Officer shall keep an account of the cost of abating the nuisance on each separate lot or parcel of land where the work is done by the City, as well as any inspection charges which remain unpaid, and shall render an annual itemized report in writing to the City Council showing the cost of abatement, including any salvage value, and outstanding inspection charges. The City Council shall review and confirm the annual report and lien/special assessment list, amended as necessary, by way of resolution.

SEC. 5-7.110 NOTICE OF REPORT.

The City Clerk shall post a copy of the report and lien/special assessment list on the bulletin board designated for the posting of agendas for City Council meetings together with a notice of filing thereof and of the time and place when and where it will be submitted to the City Council for confirmation by way of resolution.

Notice shall also be published once in a newspaper of general circulation that is published and circulated within the City. The posting and first publication of the notice shall be made and completed at least ten (10) days before the time the report is considered by the City Council.

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(Supp. No. 19)

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SEC. 5-7.120 COLLECTION ON TAX ROLL.

After City Council confirmation of the annual report and lien/special assessment list, a copy shall be given to the City Director of Finance who may receive the amount due on the abatement cost and issue receipts at any time after the confirmation and until a list of unpaid liens/special assessments is sent annually to the County Auditor for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. All laws and ordinances applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to such liens or special assessments and this lien or special assessment shall have priority of the taxes with which it is collected.

SEC. 5-7.130 PROCEDURE NOT EXCLUSIVE; VIOLATION AN INFRACTION.

The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances and regulations or abating public nuisances in any other manner provided by law. Nothing in this Article shall be deemed to prevent the City Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Article constitutes an infraction, as set forth in Chapter 1, Article 3 of the Hayward Municipal Code.

Repealed and Replaced by Ordinance 09-02, adopted February 17, 2009; amended by Ordinance 12-06, adopted November 13, 2012. Section 5-7.20 amended by Ordinance 15-24 , adopted October 13, 2015; Section 5-7.20 amended by Ordinance 15-32 , adopted December 1, 2015.

Failure to pay may result in a lien or special assessment being placed on the property after a hearing on the matter if requested as provided in Chapter 5, Article 7 of this Code. a.b. Any persons in violation of any provision of the Community Preservation Ordinance is chargeable of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. The remedies provided in these regulations shall be cumulative and may include administrative citation pursuant to Chapter 1, Article 7 of this Code and/or abatement pursuant to Chapter 5, Article 7 of this Code, in addition to any other procedures provided in the Hayward Municipal Code or by state law. Administrative action hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such violation. All inspection, fines and penalties fees for violation of the Community Preservation Ordinance shall be as established by resolution of the City Council in the Master Fee Schedule for the City of Hayward Code Enforcement Division.

Created: 2023-05-19 09:25:02 [EST]
(Supp. No. 19)

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environment, and thus are not subject to CEQA. Thus, it can be seen with certainty that the proposed project would not have a significant effect on the environment.

Section 7. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of th e City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-029
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
Refunding Certificates of Participation: Adopt Resolutions Authorizing Issuance of Certificates of Participation in an Amount Not to Exceed $55 Million to Refinance Prior Lease Payment Obligations

RECOMMENDATION
That Council adopts: 1) the two resolutions authorizing the Hayward City Council and the Board of Directors of the Hayward Public Financing Authority (the “City”) to authorize delivery and sale of 2023 Refunding Certificates of Participation (“Refunding Certificates of Participation) in the principal amount not to exceed $55 million to refinance the City’s 2015 Certificates of Participation and 2014 Lease Agreement; and 2) the resolution authorizing and approving the recommended revisions to the City’s Debt Management and Debt Disclosure Policies.

SUMMARY
This report provides analysis of refunding the 2015 Certificates of Participation and 2014 Lease Agreement to yield potential savings. Under current market conditions, the City’s municipal advisor (NHA Advisors) and underwriter (BofA Securities, Inc.) estimate annual savings from a potential refunding of the 2015 Certificates of Participation to be approximately $720,000 per year and net present value savings to be approximately $1.9 million. Under current market conditions, it is estimated that a potential refunding of the 2014 Lease Agreement would result in a slight net present value loss. Staff and NHA Advisors continue to discuss the benefits of refunding the 2014 Lease Agreement.

For Council’s consideration, this report also includes recommended revisions to the Debt Management Policy and Debt Disclosure Policy to ensure compliance with current Government Code, and industry best practices.

ATTACHMENTS
Attachment I Staff Report
Attachment II Authorizing Resolution - City of Hayward
Attachment III Authorizing Resolution - Hayward Public Financing Authority CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:LB 23-029
Attachment IV Draft Trust Agreement
Attachment V Draft Lease Agreement
Attachment VI Draft Site Lease
Attachment VII Draft Assignment Agreement
Attachment VIII Draft Escrow Deposit and Trust Agreement Attachment IX Resolution Approving Debt Management and Debt Disclosure Policies Revisions Attachment X Exhibit 1 - Debt Management and Debt Disclosure Policies Revisions CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Finance

SUBJECT: Refunding Certificates of Participation: Adopt Resolutions Authorizing Issuance of Certificates of Participation in an Amount Not to Exceed $55 Million to Refinance Prior Lease Payment Obligations

RECOMMENDATION

That Council adopts: 1) the two resolutions authorizing the Hayward City Council and the Board of Directors of the Hayward Public Financing Authority (the “City”) to authorize delivery and sale of 2023 Refunding Certificates of Participation (“Refunding Certificates of Participation) in the principal amount not to exceed $55 million to refinance the City’s 2015 Certificates of Participation and 2014 Lease Agreement; and 2) the resolution authorizing and approving the recommended revisions to the City’s Debt Management and Debt Disclosure Policies.

SUMMARY

This report provides analysis of refunding the 2015 Certificates of Participation and 2014 Lease Agreement to yield potential savings. Under current market conditions, the City’s municipal advisor (NHA Advisors) and underwriter (BofA Securities, Inc.) estimate annual savings from a potential refunding of the 2015 Certificates of Participation to be approximately $720,000 per year and net present value savings to be approximately $1.9 million. Under current market conditions, it is estimated that a potential refunding of the 2014 Lease Agreement would result in a slight net present value loss. Staff and NHA Advisors continue to discuss the benefits of refunding the 2014 Lease Agreement.

BACKGROUND

In August 2014, the City entered into a Lease Agreement dated August 1, 2014 (the “2014 Lease Agreement”), with the Public Property Financing Corporation of California (the “Corporation”), for the purpose of financing a new Fire Station No. 7 and a Firehouse Health

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Clinic to be located at the same site as Fire Station No. 7, under which the City agreed to pay semiannual lease payments (the “2014 Lease Payments”) to the Corporation. The Corporation assigned its right to receive the 2014 Lease Payments to Umpqua Bank (“Umpqua Bank”). The City may prepay the 2014 Lease Payments on any date, without a prepayment premium. As of September 1, 2023, the 2014 Lease Agreement will have an outstanding principal balance of $2,482,104.

In October 2015, the Authority and the City entered into a Lease Agreement, dated August 1, 2015 (the "2015 Lease Agreement"), for the purpose of financing the acquisition and construction of a number of capital improvements, including, but not limited to, (i) a new library and community learning center, (ii) improvements to existing fire stations and (iii) complete street rehabilitation and slurry seal repairs (collectively, the “2015 Project”), under which the City agreed to pay semiannual lease payments (the “2015 Lease Payments”) to the Authority. The Authority assigned its rights to receive the 2015 Lease Payments to The Bank of New York Mellon Trust Company, N.A. (the “2015 Trustee”), and the 2015 Trustee executed and delivered the $67,535,000 City of Hayward 2015 Certificates of Participation (Capital Projects) (the “2015 Certificates of Participation”). The 2015 Certificates of Participation can be prepaid on November 1, 2023, and any date thereafter, without premium. As of September 1, 2023, the 2015 Certificates of Participation will have an outstanding principal balance of $52,245,000.

DISCUSSION

Under current market conditions, the City’s municipal advisor (NHA Advisors) and underwriter (BofA Securities, Inc.) estimate annual savings from a potential refunding of the 2015 Certificates of Participation to be approximately $720,000 per year and net present value savings to be approximately $1.9 million (3.5% of the unpaid principal amount of the 2015 Certificates of Participation). It is anticipated that the refinancing will not require a debt service reserve fund. As a result, a refunding of the 2015 Certificates of Participation will also allow for the release of the debt service reserve fund for the 2015 Certificates of Participation, which has a balance of approximately $5.5 million and that may be used to contribute to the refunding and, as a result, reduce the principal amount of the Refunding Certificates of Participation.

Under current market conditions, it is estimated that a potential refunding of the 2014 Lease Agreement would result in a slight net present value loss. Staff will continue monitoring this potential refunding since there are economies of scale to including it in the refunding of the 2015 Certificates of Participation. Even though it is unlikely that there will be significant savings from refunding the 2014 Lease Agreement, the City could elect to refund the 2014 Lease Agreement to unencumber the leased asset securing this financing (Police Station, located at 300 West Winton Avenue). Otherwise, the 2014 Lease Agreement would not be refunded unless it generates positive savings.

To ensure that the City is in compliance with Government Code regulations, and industry best practices, staff recommends several revisions to the Debt Management Policy and Debt Disclosure Policy (Attachments IX and X).

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STRATEGIC ROADMAP

This agenda item does not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap.

FISCAL IMPACT
Measure C savings from the refunding of the 2015 COPs is projected to be about $720,000 annually, and net present value savings to be approximately $1.9 million.

While the 2014 Lease Agreement would result in a slight net present value loss, the City could elect to refund the 2014 Lease Agreement to unencumber the leased asset securing this financing (Police Station, located at 300 West Winton Avenue). If the City decided not to refund and unencumber the leased assets, then the 2014 Lease Agreement would not be refunded unless it generates positive savings.

PUBLIC CONTACT
The agenda for this item was posted in compliance with the California Brown Act.

NEXT STEPS

Staff anticipates that a public offering of the Refunding Certificates of Participation will offer the most cost-effective financing outcome for the City. Pending City Council approval of the base financing documents at this meeting, staff will work with the financing team to finalize the underlying financing documents and develop the credit package and preliminary official statement (“POS”) necessary to obtain a credit rating and access the capital markets. At the first City Council meeting in September, the City Council will be asked to approve the POS and bond purchase contract, and the City will enter the capital markets shortly thereafter.

Given the recent turmoil in the financial markets, the resolutions preserve the possibility of proceeding on a private placement basis if staff concludes it would be more cost-effective than a public offering.

Prepared and Recommended by: Nicole Gonzales, Director of Finance

Approved by:

_______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-______

Introduced by Council Member

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD

AUTHORIZING DELIVERY AND SALE OF REFUNDING CERTIFICATES OF PARTICIPATION TO REFINANCE OUTSTANDING 2014 LEASE PAYMENTS AND 2015 LEASE PAYMENTS, AND APPROVING RELATED DOCUMENTS AND

ACTIONS

WHEREAS, the City of Hayward (the "City") previously entered into a Lease Agreement dated as of August 1, 2014 (the “2014 Lease”), with the Public Property Financing Corporation of California (the “Corporation”), for the purpose of financing a new Fire Station No. 7 and a Firehouse Health Clinic to be located at the same site as Fire Station No. 7 (the “2014 Project”), under which the City agreed to pay semiannual lease payments (the “2014 Lease Payments”) to the Corporation for use and occupancy of a Police Station, located at 300 West Winton Avenue in the City (the “2014 Leased Property”); and

WHEREAS, the Corporation assigned its right to receive the 2014 Lease Payments to Umpqua Bank (“Umpqua Bank”) pursuant to an Assignment Agreement, dated as of August 1, 2014 (the “2014 Assignment Agreement”); and

WHEREAS, Section 10.2 of the 2014 Lease provides that the City may prepay the 2014 Lease Payments on any date on and after August 1, 2019, subject to providing 45 days’ prior written notice to the Corporation and Umpqua Bank, in an amount equal to the principal amount of the 2014 Lease Payments to be prepaid, plus accrued interest to the prepayment date, without a prepayment premium after August 1, 2022; and

WHEREAS, Section 10.1 of the 2014 Lease authorizes the City to establish a security deposit for prepayment of the 2014 Lease Payments , after which all obligations of the City under the 2014 Lease shall cease and terminate, except for the obligation to pay the 2014 Lease Payments from the security deposit; and

WHEREAS, the Hayward Public Financing Authority (the “Authority") and the City previously entered into a Lease Agreement, dated as of August 1, 2015 (the "2015 Lease"), for the purpose of financing acquisition and construction of a number of capital improvements, including, but not limited to, (i) a new library and community learning center, (ii) improvements to existing fire stations and (iii) complete street rehabilitation and slurry seal repairs (collectively, the “2015 Project”), under which the City agreed to pay semiannual lease payments (the “2015 Lease Payments”) to the Authority for use and occupancy of certain of the City’s fire stations and a library and community learning center (th e “2015 Leased Property”); and

ATTACHMENT II

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WHEREAS, the Authority assigned its rights to receive the 2015 Lease Payments to The Bank of New York Mellon Trust Company, N.A. (the “201 5 Trustee”), pursuant to an Assignment Agreement, dated as of October 1, 2015 (the “2015 Assignment Agreement”); and

WHEREAS, pursuant to a Trust Agreement, dated as of October 1, 2015 (the “2015 Trust Agreement”), the 2015 Trustee caused to be executed and delivered the $67,535,000 City of Hayward 2015 Certificates of Participation ( Capital Projects) (the “ 2015 Certificates”), which evidence direct, undivided fractional ownership interests in the 2015 Lease Payments; and

WHEREAS, Section 9.2 of the 2015 Lease provides that the City may prepay the 2015 Lease Payments on November 1 2023, in an amount equal to the principal component of the 2015 Lease Payments to be prepaid, plus accrued interest to the prepayment date, without a prepayment premium; and

WHEREAS, Section 9.1 of the 2015 Lease authorizes the City to establish a security deposit for prepayment of the 2015 Lease Payments in amount sufficient to prepay the 2015 Lease Payments, after which all obligations of the City under the 2015 Lease shall cease and terminate, except for the obligation to pay the 2015 Lease Payments from the security deposit; and

WHEREAS, under Section 3.01 of the 2015 Trust Agreement, the 2015 Certificates are subject to prepayment on November 1, 2023, and any date thereafter, without premium; and

WHEREAS, in order to take advantage of favorable interest rates prevailing in the municipal bond market, the City wishes at this time to provide for the refinancing of the 2014 Lease Payments, the 2015 Lease Payments and the 2015 Certificates from the proceeds of 2023 Refunding Certificates of Participation (Lease Refinancing ), (the “Refunding Certificates”); and

WHEREAS, the Refunding Certificates will be executed and delivered under a Trust Agreement (the “Trust Agreement”), among The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), the Authority and the City; and

WHEREAS, the Refunding Certificates will represent direct, undivided fractional ownership interests in lease payments (the “Lease Payments”) to be made by the City to the Authority under a Lease Agreement (the “Lease Agreement”) for use and occupancy of certain real property and improvements (the “Leased Property”); and

WHEREAS, to accommodate the Lease Agreement, the City and the Authority will simultaneously enter into a Site and Facilities Lease (the “Site Lease”), under which the City will lease the Leased Property to the Authority, and the Authority will agree to make a one - time lease payment from proceeds of the Refunding Certificates; and

ATTACHMENT II

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WHEREAS, the lease payment made by the Authority to the City shall be used to prepay the 2014 Lease Payments, the 2015 Lease Payments and the 2015 Certificates, and to pay the financing costs; and

WHEREAS, the City may enter into an Escrow Deposit and Trust Agreement with an trustee to establish a security deposit for the prepayment of the 2014 Lease Payments; and

WHEREAS, the City will enter into an Escrow Deposit and Trust Agreement with the 2015 Trustee to establish a security deposit for the prepayment of the 2015 Lease Payments and the 2015 Certificates; and

WHEREAS, the City Council wishes to authorize and direct staff, without further authorization or approval by this City Council, to determine whether the Refunding Certificates should be sold to an underwriter in a public offering or privately placed with a financial institution to be identified by staff, with such determination to be based upon staff’s conclusion, subject to compliance of the sale with the parameters set forth in this Resolution, that the method of sale selected by staff will be most beneficial to the City; and

WHEREAS, in furtherance of the public purposes of the City, the City Council wishes at this time to authorize and approve all proceedings for the refinancing of the 2014 Lease Payments, the 2015 Lease Payments and the 2015 Certificates, the delivery and sale of the Refunding Certificates for such purpose, and the documents specified below, subject to staff returning to the City Council for final approval of a Preliminary Official Statement and a purchase agreement among the City, the Authority and the underwriter of the Refunding Certificates, if staff determines that the Refunding Certificates should be sold in a public offering (no further approvals being required for a private placement of the Refunding Certificates with a financial institution); and

WHEREAS, in accordance with Government Code Section 5852.1, the City Council has obtained and wishes to disclose the information set forth in Exhibit A hereto.

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

Section 1. Approval of Refinancing Plan and Related Documents. The City Council hereby approves the refinancing plan outlined above. To that end, the City Council hereby approves each of the following financing documents in substantially t he respective forms on file with the City Clerk, together with any changes therein or additions thereto approved by the Mayor, the City Manager, or any designees of the City Manager (each, an “Authorized Officer”):

 Site Lease, between the City as lessor and the Authority as lessee, whereby the City leases the Leased Property to the Authority. An Authorized Officer shall select the Leased Property for purposes of this financing.

ATTACHMENT II

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 Lease Agreement, between the Authority as lessor and the City as lessee, whereby the Authority leases the Leased Property back to the City in consideration of the payment by the City of semiannual lease payments.

 Trust Agreement, among the City, the Authority and the Trustee, whereby the Trustee agrees to execute and deliver the Refunding Certificates.

 Escrow Deposit and Trust Agreement between the City and the 2015 Trustee, relating to prepayment of the 2015 Lease and the 2015 Certificates.

Each Authorized Officer is hereby authorized and directed on behalf of the City to execute the final form of each of the foregoing documents, and the City Clerk is hereby authorized and directed to attest to the final form of each of the foregoing documents.

Execution of each of t he foregoing documents by an Authorized Officer shall be conclusive evidence of the approval of any changes therein or additions thereto by an Authorized Officer. The schedule of lease payments attached to the Lease Agreement shall correspond to the payme nts of principal and interest represented by the Refunding Certificates, to be determined upon the sale thereof as set forth in Section 2.

Section 2. Sale of Refunding Certificates. The City Council hereby authorizes and directs the Finance Director, f ollowing consultation with the City Attorney, municipal advisor and special counsel, to determine whether selling the Refunding Certificates to an underwriter in a negotiated public offering, or selling the Refunding Certificates in a private placement to one or more financial institutions to be selected by the Finance Director will be more beneficial to the City. The City Council hereby approves BofA Securities, Inc. to act as underwriter if the Refunding Certificates are sold in a negotiated public offering and placement agent if the Refunding Certificates are privately placed; BofA Securities, Inc. was selected following a competitive process.

The City Council hereby directs the Finance Director to work with the City Attorney, municipal advi sor and special counsel to prepare a form of purchase agreement for execution by the City in connection with a negotiated public offering and to submit the agreement to the City Council for approval if the Finance Director determines to sell the Refunding Certificates in a negotiated public offering.

The City Council hereby authorizes an Authorized Officer to execute a term sheet with a private placement purchaser of the Refunding Certificates, subject to the terms meeting the parameters set forth in the following paragraph.

The Refunding Certificates shall be sold at such price and shall bear interest at such rates as shall (a) an aggregate minimum net present value savings to the City of at least 3% of the principal component of the 2014 Lease Payments and the 2015 Lease Payments and (b) positive net present value savings for each of the 2014 Lease Payments and the 2015 Lease Payments (when calculated separately), as such savings shall be verified and

ATTACHMENT II

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Hayward City CouncilJune 20, 2023

Hayward City Council
June 20, 2023