Council Packet — Hayward City Council, September 12, 2023 (part 1 of 4)

Tuesday, September 12, 2023
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda

September 12, 2023City Council Agenda

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HAYWARD PUBLIC FINANCE AUTHORITY BOARD
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:
1 . U s e e C o m m e n t o n t h e C i t y ' s M e e t i n g & A g e n d a C e n t e r w e b p a g e a t :
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

2. Send an email to List [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

How to provide live Public Comment during the City Council Meeting:

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/86058256852?pwd=dm5UZUllQ0JrQjJMenJtQnl1M3dsZz09 Meeting ID: 860 5825 6852
Password: Cc9/12@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 860 5825 6852
Password: 5052613139

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HAYWARD PUBLIC FINANCE AUTHORITY BOARD
CALL TO ORDER: Mayor/HPFA Chair Salinas
Pledge of Allegiance: Council/HPFA Board Member Andrews AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

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September 12, 2023City Council Agenda

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
August 15, 2023
September 12, 2023

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

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

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

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September 12, 2023City Council Agenda

HAYWARD COMMISSIONS AND KEEP HAYWARD CLEAN AND GREEN TASK FORCE City Commissions and Keep Hayward Clean and Green Task
Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services
Commission, Keep Hayward Clean and Green Task Force,
Library Commission, Personnel Commission and Planning
Commission (Report from City Clerk Lens)
APPT 23-0031.

Attachments: Attachment I Staff Report
Attachment II Resolution

CONSENT
Approve the Minutes of the Special City Council Work Session Meeting on August 15, 2023
MIN 23-0902.

Attachments: Attachment I Draft Work Session Minutes of 8/15/2023 Approve the Minutes of the Special City Council Meeting on August 15, 2023
MIN 23-0923.

Attachments: Attachment I Draft Minutes of 8/15/2023
Approve the Minutes of the Special City Council Meeting on August 22, 2023
MIN 23-0934.

Attachments: Attachment I Draft Minutes of 8/22/2023
Adopt a Resolution Reducing the Keep Hayward Clean and
Green Task Force Membership Size from Thirty Members to Twenty Members and Creating a Waitlist to Account for
Vacancies Throughout the Year
CONS 23-4765.

Attachments: Attachment I Staff Report
Attachment II Resolution
Exhibit I KHCGTF Bylaws
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $3,000 in Awarded Grant Funding from the Best Friends Animal Society in Connection with its GoodPup
Scholarship Grant for the Hayward Police Department’s Animal Services Bureau
CONS 23-4616.

Attachments: Attachment I Staff Report
Attachment II Resolution

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September 12, 2023City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Site License Agreement with East Bay
Community Energy for Electric Vehicle Charging at Multiple Locations and Finding the Action is Exempt from CEQA Review CONS 23-4677.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachement III Site Plans
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Schaaf & Wheeler for
Engineering Design Services in the Amount of $120,000 for a Not-to-Exceed Amount of $320,000, to Complete the Arf
Avenue Trash Capture Project No. 07746
CONS 23-4758.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Spencon Construction, Inc., in the Amount of $982,564.75 and Approving $150,000 in
Administrative Construction Contingency for the FY23
Sidewalk Rehabilitation and Wheelchair Ramps Project No. 05303
CONS 23-4839.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Districts Map
Attachment IV District 6 & 9 Site Map
Attachment V Wheelchair Ramp Site Map
Adopt a Resolution Authorizing the City Manager to Execute a 10-Year Agreement with Axon Enterprises, Inc. for the
Purchase of the Axon Officer Safety Plan 10 Premium Bundle in an Amount Not-to-Exceed $11.5 Million, Appropriating
$300,000 into CIP Project 07418 from Fund 405 Fund Balance, and Transferring $190,927.49 from Fund 730 to Fund 405
CONS 23-49110.

Attachments: Attachment I Staff Report
Attachment II Resolution

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September 12, 2023City Council Agenda

WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.

Residential Design Standards: Draft Regulations for the Hayward Residential Design Study (Report from Director of Development Services Buizer)
WS 23-03611.

Attachments: Attachment I Staff Report
Attachment II Proposed Section 10-1.200, Residential Districts Attachment III Ch 10, Art 1, Zoning Ord. (redline)
Attachment IV Ch 10, Art 2, Off-Street Parking Reg. (redline) Attachment V List of Properties Proposed to be Rezoned
Attachment VI Map of Properties to be Rezoned
I-880/Whipple Road Industrial Parkway Interchange
Improvement Project Work Session: Review and Discuss
Aesthetic Features (Report from Director of Public Works Ameri)
WS 23-03712.

Attachments: Attachment I Staff Report

LEGISLATIVE BUSINESS
Russell City Energy Center: Adopt a Resolution Approving the Expenditure Plan for the Calpine Clean Energy Fund (Report from Public Works Director Ameri)
LB 23-03613.

Attachments: Attachment I Staff Report
Attachment II Resolution

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September 12, 2023City Council Agenda
Lease Obligation Refinancing: Adopt Resolutions of the City Council and the Hayward Public Financing Authority Regarding Amended Savings Requirements Related to the Refinancing of Prior Lease Payment Obligations, Approval of the Preliminary Official Statement and Bond Purchase Contract for Refunding Certificates of Participation (Report by Finance Director Gonzales)
LB 23-03714.

Attachments: Attachment I Staff Report
Attachment II Hayward Refunding Council POS Resolution
Attachment III Hayward Refunding Authority POS Resolution Attachment IV Draft Agenda POS
Attachment V Draft Purchase Agreement

INFORMATIONAL ITEM
Information items are presented as general information for Council and the public, and are not presented for discussion. Should Council wish to discuss or take action on any of the "information” items, they will direct the City Manager to bring them back at the next Council agenda as an Action Item.

Informational Report on Cal Cities 2023 Annual Conference Scheduled for September 20-22, 2023
RPT 23-08615.

Attachments: Attachment I Staff Report

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

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

City Council Referral: Adopting a Resolution to Enter into a Sister City Agreement with the City of Arandas, Jalisco, México, as Requested by the Hayward-Arandas Sister City Committee (Report from Council Members Zermeño and Syrop)
RPT 23-09116.

Attachments: Attachment I Referral Memorandum

ADJOURNMENT

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September 12, 2023City Council Agenda
NEXT MEETING, September 19, 2023, 7:00 PM

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their address to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: APPT 23-003
DATE: September 12, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
City Commissions and Keep Hayward Clean and Green Task Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Personnel Commission and Planning Commission

RECOMMENDATION
That the Council adopts a resolution (Attachment II) confirming eighteen (18) appointments and fourteen (14) reappointments to the City’sCommissions and Task Force as follows: Community Services Commission (9); Keep Hayward Clean and Green Task Force (13); Library Commission (3); Personnel Commission (3); and Planning Commission (4). The resolution also identifies one selected alternate for each City commission. Table 1 provides information by meeting body.

SUMMARY
The annual recruitment for City Commissions and the Keep Hayward Clean and Green Task Force (KHCG TF) was conducted from May 4, 2023, through August 4, 2023. There were thirteen vacancies at the beginning of the recruitment and by the end, there were twenty-three due to the resignation of additional members. Seventy (70) applications were received by the submission deadline and fifty-nine (59) applicants qualified to be considered for appointment. Following a process for evaluating requests for reappointment, reviewing attendance records and overall performance of eligible members of the City’s Commissions and KHCG TF, the Council approved fourteen requests for reappointment as presented in Table 1. Following a pre-screening process and twenty-five interviews, on August 22, 2023, the Council selected twelve applicants for service on the Community Services Commission, Library Commission, Personnel Commission, and Planning Commission. The Council also accepted six recommendations from the KHCG TF Subcommittee for service on the KHCG TF. The resolution confirming the appointment and reappointment of members (Attachment II) contains the names by meeting body.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/7/2023Page 1 of 1
powered by Legistar™

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DATE: September 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: City Commissions and Keep Hayward Clean and Green Task Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Personnel Commission and Planning Commission

RECOMMENDATION
That the Council adopts a resolution (Attachment II) confirming eighteen (18) appointments and fourteen (14) reappointmen ts to the City’s Commissions and Task F orce as follows:

Community Services Commission (9); Keep Hayward Clean and Green Task Force (13); Library Commission (3); Personnel Commission (3); and Planning Commission (4). The resolution also identifies one selected alternate for each City commission. Table 1 provides information by meeting body.

SUMMARY
The annual recruitment for City Commissions and the Keep Hay ward Clean and Green Task Force (KHCG TF) was conducted from May 4, 2023, through August 4, 2023 . There were thirteen vacancies at the beginning of the recruitment and by the end, there were twenty - three due to the resignation of additional members. Seventy (70) applications were received by the submission deadline and fifty -nine (59) applicants qu alified to be considered for appointment. Following a process for evaluating requests for reappointment, reviewing attendance records and overall performance of eligible members of the City’s Commissions and KHCG TF, the Council approved fourteen requests for reappointment as presented in Table 1. Following a pre -screening process and twenty-five interviews, on August 22, 2023, the Council selected twelve appli cants for service on the Community Services Commission, Library Commission, Personnel Commission , and Planning Commission. The Council also accepted six recommendations from the KHCG TF Subcommittee for service on the KHCG TF.

The resolution confirming the appointment and reappointment of members (Attachment II) contains the names by meeting body.

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BACKGROUND AND DISCUSSION

During the special Council meeting on August 15, 20231, and as provided for in the Council Member Handbook, the Council reviewed fourteen reappointment requests and the annual report of Coun cil’s appointed bodies comprising members’ atte ndance record s and completion of mandatory trainings. During the same meeting, staff identified ten members who were invited to meet with Council due to their attendance at meetings being below the seventy-five percent requirement of to tal meetings attended from September 2022 to June 2023. Following the August 15, 2023 meeting, seven members submitted letters to clarify their attendance record. Based on attendance records, three members were dismissed and vacated their seats. One vacated seat belongs to Community Services Commissioner Cerna and two vacated seats belong to Keep Hayward Clean and Green Task Force members Adom and Prasad. Keep Hayward Clean and Green Task Force member Cooper also resigned due to personal reasons.

On August 18, 2023, the KHCG TF Subcommittee, comprised of KHCG TF Members Jeffrey Haman, Chuck Horner, Tom Ferreira, Leah Martinez, and Jean-Yee Yu, interviewed thirteen applicants who h ad indicated KHCG TF as a preference for service on the KHCG TF. Five applicants (Celia Ching W Chung, Sandra Frost, Yoshiko Kimura, Sergey Melnikov, and George M Villamil), selected b y the Subcommittee , were recommended to t he Council. The Subcommittee also recommended a waitlist consisting of two individuals (Vikram Gautham and Gwenda Dossey) who would be considered as unexpected vacancies occur during the year.

Members of the Co uncil reviewed and pre-screened all appl ications and individuall y communicated their selections to the City Clerk as provided in the August 15, 2023 staff report. There were twenty-six applicants who received at least three points and were invited to interview with the Council on August 22, 2023. In an effort to create a good ratio and pool of applicants for service on the Community Services Commission and Personnel Commission, four applicants who received three points across all commissions were added to the lis t of selected individuals. The August 22, 20232, staff report provides information of pre-selected applicants and all the particulars related to the selection/interview process. On August 22, 2023, the City Council selected twe lve applicants for service on City commissions and accepted six recommendations of the KHCG TF Subcommittee for service on the KHCG TF .

The City Council selected Ms. Yoshiko Kimura for service on the Community Service s Commission. The Council selected individuals for service as outlined in Attachment II.

As the Council found more qualified candidates than available seats to appoint, the Council established a list of alternates for the Community Services Commission , Library Commission, Personnel Commission, and Planning Commission as shown in Attachment II.

1 8/15/23 Staff Report: https://hayward.legistar.com/LegislationDetail.aspx?ID=6315721&GUID=4367DF63- C9FC-4B91-95BA-8D1A26D6EB7A&Options=&Search=
2 8/22/23 Staff Report: https://hayward.legistar.com/LegislationDetail.aspx?ID=6320732&GUID=9069A5E5- 53A0-464E-8E3F-25F7CBFEE7CB&Options=&Search=

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The Alternate List will be valid f or one year and will expire when Council appoints new members during the annual appointment process. The City Clerk will follow the process for appointing from the Alternate List, which will involve two separate actions on the sa me Council agenda: 1) reso lution accepting the re signation of a membe r; and 2) resolution recommending an alte rnate f rom the alternate list to fill the vacat ed position for the remainder of the une xpired term. The City Clerk w ill ensure the alternate con tinues to be interested in s erving and would confirm the alt ernate’s eligibility status prior to recommending them for service.

Following Council’s action on August 22, 20 23, s taff and the chair of the KHCG TF Subcommittee collaborated to recommend filling two unexpected vacancies with the two waitlisted individuals who were recommended to Council. The recommendation related to the KHCG TF seeks to fil l enough vacancies to reach a membership of twen ty members. A separate staff report (File ID: CONS 23-476) highlights staff’s recommendation seeking to reduce the KHCG TF membership size from thirty to twenty members based on feedback received at the August 15, 2023 Special City Council meeting and conversations with KHCG TF members and City staff.

Table 1 summarize s all filled seats and approved requests for reappointment by meeting body. Tables 2 through 6 summarize information by meeting body.

TABLE 1: SUMMARY OF FILLED VACANCIES AND APPROVED REAPPOINTMENTS

Body Filled
Seats
Approved
Reappointment(s) Total
CSC3 8 1 9
KHCGTF4 6 7 13
LC5 2 1 3
Pers C6 1 2 3
PC7 1 3 4
18 14 32

3 Community Services Commission
4 Keep Hayward Clean and Green Task Force
5 Library Commission
6 Personnel Commission
7 Planning Commission

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TABLE 2: COMMUNITY SERVICES COMMISSION (CSC):

TABLE 3: KEEP HAYWARD CLEAN AND GREEN TASK FORCE (KHCG TF):

PLEASE NOTE: The ten seats vacated by the following individuals will not be filled due to the KHCG TF membership size being recommended for reduction from thirty to twenty members.

Canice Adom, Tammy Cooper, Pekon Gupta, Esther Lopez, Ron Maldonado, Regneel Prasad, Kaitlin Turner, Gordean Lum-Villiados, Linda Xu, Jason Yeates.

# Name Date
Appointed
Term
Expires
Seeking
Reappointment
Declared
Vacant Resigned
1 Austin Bruckner Carrillo 9/21/21 9/30/23 x
2 Magdalena Cerna 9/15/20 9/30/24 8/22/23
3 Emily Chow 9/10/19 9/30/23 8/15/23
4 Crystal Arrizon 9/15/20 9/30/25 7/27/23
5 Pascal Garcia 9/21/21 9/30/25 8/22/23
6 Arti Garg 9/18/18 9/30/26 12/6/22
7 Elena Lepe 9/27/22 9/30/26 11/15/22
8 Stanley Long 9/21/21 9/30/25 3/28/23
9 George Syrop 12/14/21 9/30/23 3/28/23
# Name Date
Appointed
Term
Expires
Seeking
Reappointment
Not Seeking
Reappointment Resigned

1. Lucas C. Bank 9/20/22 9/30/23 x
2 Jeffrey Haman 9/19/17 9/30/23 x
3 Chuck Horner 2/06/07 9/30/23 x
4 Leah Martinez 9/21/21 9/30/23 x
5 Melissa Milleman 9/15/20 9/30/23 x
6 Shingo Nagae 9/21/21 9/30/23 x
7 Jessica Stanley 9/10/19 9/30/23 x
8 Rodney Hankins 9/10/19 9/30/23 x
9 Shalin Patel 9/20/22 9/30/23 x
10 Jean-Yee Yu 9/15/20 9/30/23 x
11 Suyog Zambre 9/20/22 9/30/23 x
12 Terence Candell 9/20/22 9/30/24 7/25/23
13 Caleb Davis 9/21/21 9/30/24 7/12/22

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TABLE 4: LIBRARY COMMISSION (LC):

# Name Date
Appointed
Term
Expires
Seeking
Reappointment
Not Seeking
Reappointment
Resigned
1 Kelly Sullivan 9/21/21 9/30/23 x
2 Andrea Wong 9/10/19 9/30/23 x
3 Anika Patterson 9/10/19 9/30/23 1/24/23

TABLE 5: PERSONNEL COMMISSION (PERC):

TABLE 6: PLANNING COMMISSION (PC):

# Name Date
Appointed
Term
Expires
Seeking
Reappointment
Resigned
1 Karla Goodbody 1/24/23 9/30/23 x
2 Anika Patterson 1/24/23 9/30/23 x
3 Robert Stevens 9/10/19 9/30/23 x
4 Ray Bonilla Jr. 9/19/17 9/30/26 4/11/23

FISCAL IMPACT

There is no fiscal impact associated with this report.

STRATEGIC ROADMAP

This agenda item rela tes to a proje ct outli ned in the Council’s Str ategic Roadmap. Staff analyzed data pertaining to the composition of members of Council’s appointed bodies. These efforts sought to eliminate racial inequities, mitigate unintended consequences, and advance the goals of the Commitment for an Inclusive, Equitable and Compassionate Community and the 2020 Racial Equity Action Plan. The City made great progress with the passage of Measure OO in November of 2018 which made it possible for Hayward r esidents to be civically engaged regardless of whether they are registered or eligible to be registered to vote. During this recruitment, staff continued recruitment efforts with an equity lens in mind and focused efforts in a reas l acking representation in current meeting bodies. It is staff’s goal to have # Name Date
Appointed
Term
Expires
Seeking
Reappointment
Not Seeking
Reappointment
1 Erika Cortez 9/18/18 9/30/23 x
2 Randy Wright 9/10/19 9/30/23 x
3 Robert Gaumer 9/10/19 9/30/23 x

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Council’s appointed bodies from diverse backgrounds reflecting a di verse, e quitable and inclusive community.

PUBLIC CONTACT

Information about the annual recruitment was disseminated via various channels. Table 8 below provides a summary of the outreach efforts related to the recruitment. All related agendas were posted in accordance with the Brown Act.

TABLE 7: OUTREACH SUMMARY:

2023 Outreach Efforts

Date (s)

Attendance/Reach

Juneteenth Celebration 6/15/23 7,000 attendees
Cinco De Mayo 4/29/23 9,000 attendees
Skate Fest Roller Skating 7/1/23 150 + attendees
All America Festival 7/1/23 500 + attendees
Stack Fest 7/8/23 150-200 attendees
Downtown Hayward Street Parties 7/20/23 7,000 attendees The Daily Review, Hayward Newspaper 7/14/23
4,000
(Subscribers to
hard copy
newspaper)
Water Bill Mailer 3/28/23-6/1/23
30,000 recipients
16,000 residents
(excise tax billing
units)
Social Media:

Facebook
14 times posted 8,557 followers
Social Media:

Twitter
16 times posted 6,428 followers
Social Media:

NextDoor
2 times posted 40,336 followers
Social Media:

Instagram
2 times posted 5,909 followers
City Newsletter - The Stack 2 times posted 56,194 followers Community Partners/Distribution of Packets 7/14/23 79 Organizations

NEXT STEPS

Following Council ’s actions , oath s of affirmation will be adm inistered to newly and reappointed members.

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Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION CONFIRMING THE APPOINTMENT AND REAPPOINTMENT OF

MEMBERS O F THE COMMUNITY SERVICES COMMISSION, KEEP HAYWARD

CLEAN AND GREEN TASK FORCE , LIBRARY COMMIS SION, PERSONNEL

COMMISSION AND PLANNING COMMISSION
WHEREAS, the City conducted its annual recruitment for the Community Services Commission, Keep Hay ward Clean and Green Task Force , Library Commission, Personnel Commission, and Planning Commission; and
WHEREAS, the City Council reviewed fifty-nine applications, accepte d six recommendations from the Keep Hayward Clean and Green Task For ce Subcommittee and interviewed twenty-five eligible applicants on August 22, 2023; and WHEREAS, the City Council selected a total of twelve members.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward does hereby confirm the appointment of the following as members of the commissions and task force, for the terms as designated.

APPOINTMENTS
Community Services Commission
Yoshiko Kimura (Succeeds Emily Chow) September 2027
Mariana Triviso (Succeeds George Syrop) September 2027 Guadalupe Angulo (Succeeds Elena Lepe) September 2026
Jesse Gunn (Succeeds Arti Garg) September 2026
Amardeep Brar (Succeeds Crystal Arrizon) September 2025 Daisy Maxion (Succeeds Pascal Garcia) September 2025
Calvin Wong (Succeeds Stanley Long) September 2025
Tyne Johnson (Succeeds Magdalena Cerna) September 2024

ATTACHMENT II

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Keep Hayward Clean and Green Task Force

Celia Ching Chung (Succeeds Rodney Hankins) September 2027 Gwenda Dossey (Succeeds Terence Candell) September 2024 Sandra Frost (Succeeds Shalin Patel) September 2027
Vikram Gautham (Succeeds Caleb Davis) September 2024
Sergey Melnikov (Succeeds Jean-Yee Yu) September 2027
George Villamil (Succeeds Suyog Zambre) September 2027

Library Commission

Dominique Dozier (Succeeds Anika Patterson) September 2027 Crystal Porter (Succeeds Andrea Wong) September 2027

Personnel Commission

Megan Sediqui (Succeeds Robert Gaumer) September 2027

Planning Commission

Shanta Franco-Clausen (Ray Bonilla Jr.) September 2026

BE IT FURTHER RESOLVED that the City Council of the City of Hayward does hereby confirm the reappo intment of the below -named persons as members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Personnel Commission and Planning Commission, for terms as designated.

REAPPOINTMENTS

Community Services Commission

Austin Bruckner Carrillo September 2027

ATTACHMENT II

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Keep Hayward Clean and Green Task Force

Lucas Banks September 2027
Jeffrey Haman September 2027
Chuck Horner September 2027
Leah Martinez September 2027
Melissa Milleman September 2027
Shingo Nagai September 2027
Jessica Stanley September 2027

Library Commission

Kelly Sullivan

September 2027

Personnel Commission

Erika Cortez September 2027
Randy Wright September 2027

Planning Commission

Karla Goodbody September 2027
Anika Patterson September 2027
Robert Stevens September 2027

BE IT FURTHER RESOLVED that the City Council of the City of Hayward does hereby confirm the selection of the below -named individuals as alternates to fill unexp ired vacancies until June 2024.

ALTERNATES

Name Meeting Body
Hoang Dao Community Services Commission
Marhya Kelsch Library Commission
Maximilian Orlando Personnel Commission
Ron Meyers Planning Commission

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-090
DATE: September 12, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Work Session Meeting on August 15, 2023

RECOMMENDATION
That the Council approves the minutes of the Special City Council Work Session meeting on August 15, 2023.

SUMMARY
The City Council held a special work session meeting on August 15, 2023.

ATTACHMENTS
Attachment I Draft Minutes of August 15, 2023
CITY OF HAYWARD Printed on 9/7/2023Page 1 of 1
powered by Legistar™

The Special City Council Work Session meeting was called to order by Mayor Salinas at 5:36 p.m. The City Council held a hybrid meeting in Conference Room 2A and virtually via Zoom.

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Roche, Syrop, Zermeño MAYOR Salinas

Absent: COUNCIL MEMBER Goldstein
Council Member Goldstein joined the meeting at approximately 5:40 p.m.

PUBLIC COMMENTS
There were none.

SPECIAL WORK SESSION

1. City Commissions and Keep Hayward Clean and Green Task Force: Review of Fourteen Reappointment Requests and Approval of Interview Proce ss for August 22, 2023 WS 23-032
Staff report submitted by City Clerk Lens dated August 15, 2023, was filed.

City Clerk Lens provided a synopsis of the staff report.

There being no public comments , Mayor Salin as opened and closed the pub lic comment period at 5:44 p.m. and a second time at 5:52 p.m.

Discussion ensued among members of the City Council and City staff regarding: concer n about attendance issues of members who were not meeting the 75% attendance policy; Personnel Commission members who missed one of two regular meetings but had attended special meetings and had demonstrated a high level of participation and engagement such as Commissioner Cor tez; the policy of inviting non -compliant members to interview with Council; staff confirmed that dismissed members due to attendance issues would create vacancies for the remainder of vacated terms; there was concern expressed about the KHCG TF membership size which was impacting reaching quorum of meetings and the ability to organize cleanup events ; it was noted the KHC G TF has c ommitted members attending cleanup events and the ir attendance might not be a re flection of their engagement su ch as the case of KHCG TF Member Patton; and the requests for remote participation at C ommunity Ser vices Commission meeting s would be discussed by the Council Ad Hoc C ommittee formed to review the Council Member Handbook in coordination with City staff.

2 | A u g u s t 1 5 , 2 02 3
Council Member Zermeño supported reducing the size of the KHCG TF to twenty members; and suggested that members with attendance or training deficiencies be interviewed by the Mayor and have an exit interview with the City Clerk rather than having to be interviewed by the entire Council.

Council Member Syrop offered adjusting the KHCG TF membership to ten voting members and twenty members serving on a volunteer basis in order to preserve a large workforce, and setting the quorum based on voting members; suggested conducting a recruitment for the KHCG TF twice a year to fill unexpected vacancies; and suggested that members not meeting attendance requirement s reapply and join the application pool to test their commitment.

Council Member G oldstein supported reducing the KHCG TF voting membership ; agreed with the approach of having members, who have challenges attending meetings and completing trainings, reapply to demonstrate commitment; and noted that having members go through an interview process with the Council would not be beneficial.

Council Member R oche concurred with the recommendation to have members with attendance issues reapply as this wo uld encourage them to do th e work a nd show up to meetings; agreed to reduce the KHCG TF membership size ; and supported setting a standard going forward that City commission and KHCG TF meetings were back to in- person meetings.

Council Membe r Bonilla Jr. agreed that the size of the KHCG TF was large and favored approaches of reducing it to create an impactful meeting body; noted the two requirements for commission/task for ce members was attendance and trainings and was interested i n understanding what prev ented them from meeting these requirements and what they planned to do differently if selected to remain ; and supported having non -compliant members submit an application to be interviewed by the Council.

Council Member Andrews urged the Council to con sider the number of applicants who are considered to serve on the KHCG TF; and stressed the importance of attend ing Planning Commission meetings due to the review of development projects some of which are recommended to Council.

Council Member Goldstein suggested a perfo rmance improvement plan for members wi th attendance and trainings de ficiencies; and suggested having members submit a statement/letter explaining what they would do to correct their deficiencies as a preferable option, and if the responses were not adequate, then the Council could consider dismissing them.

Mayor Salinas agreed that while it was understood that members may have complex lives/careers, the Planning C ommission was responsible for decisions on development projects and the Community Services Commission was responsible for funding de cisions; did not agree with reinterviewing members or having a performance improvement plan ; underscored there should be a different standard in place for the Planning C ommission as

SPECIAL CITY COUNCIL WORK SESSION MEETING
777 B Street, Hayward, CA 94541
Conference Room 2A and Virtual Platform (Zoom)
https://hayward.zoom.us/j/87958007886?pwd=amVWWDFSUk5ja2JkRVdmNm1IRkRDQT09 Tuesday, August 15, 2023, 5:30 p.m.
its membership could lead to opportunities on the City Council; urged Council to take a firm stand on attendance requirements as these have bee n reoccurring issues for many years ; favored the KHCG TF hav ing a core membership of seven members and ten volunteer members; and noted the KHCG TF was a great opportunity for residents to get involved and demonstrate their commitment.

Council Member Andrews supported a mini mum of thirteen members for the KHCG TF; was amenable to having members submit reasons for poor attendance or non-compliance of training requirements to the City Clerk and having that communicated to the City Council in lieu of reinterviewing members; requested that future recruitments include reasons for instances when a former member reapplies for the same or different meeting body to gauge previous attendance issues.

Council Member Syrop agreed with Council Member Andrews’ recommendation to have the KHCG TF membership size reduced to thirteen, as she was the Council lia ison to the KHCG TF.

City Clerk Lens stated the ideas offered by the Council would be taken into consideration by the Council Ad Hoc Committee and City staff via Council Member Handbook amendments; and added that staff reports addressing items raised would return to Council for action in September 2023. It was also noted that non-compliant members would be i nvited to meet with Council on August 22, 2023.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 6:17 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-092
DATE: September 12, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on August 15, 2023

RECOMMENDATION
That the Council approves the minutes of the Special City Council meeting on August 15, 2023.

SUMMARY
The City Council held a special meeting on August 15, 2023.

ATTACHMENTS
Attachment I Draft Minutes of August 15, 2023
CITY OF HAYWARD Printed on 9/7/2023Page 1 of 1
powered by Legistar™

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Conference Room 2A and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 15, 2023, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. The City Council held a hybrid meeting in Conference Room 2A and virtually via Zoom.

Pledge of Allegiance: Council Member Syrop

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: None

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on July 13, 2023, at 5:30 p.m., with all members present and no public speakers, regarding four items: 1) conference with legal counsel pursuant to Government Code Section 54957(a) regarding matters posing threat to the public's right of access to public services or public facilities; 2) conference with legal counsel pursuant to Government Code 54956.9(d)(1) regarding Garcia v. City of Hayward, et al.

Alameda County Superior Court, No. RG19009457; 3) conference with legal counsel pursuant to Government Code 54956.9(d)(1) regarding City of Hayward, et al. v. County of Alameda, et al., Alameda County Superior Court, No. 23 -cv-036712; and 4) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor groups. City Attorney Lawson indicated the Council discussed Items 1 and 4 and took no reportable action; regarding Item 2, the Council discussed the item and unanimously approved settlement of the lawsuit with the City contributing $700,000; and regarding Item 3, the Council discussed the item and gave direction to staff but otherwise took no reportable action . The closed session adjourned at 9:00 p.m.

The City Council convened in closed session on July 24, 2023, at 5:30 p.m., with all members present and no public speakers, pursuant to Government Code Section 54957(a) regarding matters posing threat to the public's right of access to public services or public facilities. City Attorney Lawson indicated the Council unanimously a dded two additional matters to the closed session agenda because information about such matters came to the City's attention after the agenda was posted. Consequently, the Council discussed three matters with no public speakers: 1) conference with legal counsel pursuant to Government Code Section 54957(a) regarding matters posing threat to public's right of access to public services or public facilities, and the Council took no reportable action; however, the Council convened in public at 7 :00 p.m., and adopted a resolution declaring and confirming the emergency proclamation of the City Manager, acting as the City's Director of Emergency Services, on July 9, 2023; 2) the Council reconvened in closed session and discussed pending litigation, Roane v. City of Hayward, Alameda County Superior Court No. 22CV005151, pursuant to Gov ernment Code section 54956.9, and gave direction to staff but otherwise took no reportable action ; and 3) the Council met with its labor negotiations team to discuss all employee groups, pursuant to 2 | A u g u s t 15 , 2 02 3
Government Code sec tion 54957.6 and gave direction to staff but otherwise took no reportable action. The meeting adjourned at 10:00 p.m.

The City Council convened in closed session on August 15, 2023, at 6:1 5 p.m., with all members present and no public s peakers, regarding two items: 1) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor groups; and 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding City of Hayward, et al. v. Pacific Gas & Electric Company, et al. Alameda County Superior Court, No. 21CV00464. City Attorney Lawson indicated th e Council met but did not com plete its closed session and would reconvene at the conclusion of the 7:00 p.m., Council meeting.

Mayor Salinas shared he had joined the Bloomberg Harvard City Leadership program in New Y ork where mayors and senior munic ipal leaders participate in a profe ssional management training program, nominated the City Manager and Acting Police Chief to jo in the program an d that was the reason why City Man ager McAdoo was joining the Council meeting remotely.

PRESENTATIONS

Mayor Salinas noted the City of Hayward’s Economic Development Team earned two awards from the California Association for Local Economic Dev elopment (CALED): 1) an Award of Excellence in the Economic Resiliency and Recovery Category; and 2) an Award of Merit in the Community Partnerships Category for the Hayward Open for Business Video Series with CSU East Bay College of Business & Economics. Chief Economic Development Of ficer Nguyen introduced Mr. Stephen Baiter, CALED Board Member and Executive Director of the East Bay Economic Development A lliance and Professor Nancy Mangold from C alifornia State University East Bay to say a few words about the awards from CALED. Chief Economic Development Officer Nguyen was commended for his work and dedication to economi c development.

Mayor Salinas read a certificate of commendation recognizing Ms. Marjorie Rocha for her service as Executive Director of Eden Council for Hope and Opportun ity Housing (ECHO Housing) and her work in foste ring equal access to housing, and congratulated her upon her retirement from ECHO Housing . Ms. Marjorie Rocha accepted the commendation , spoke about the service through ECHO Housing and thanked the City for such recognition.

PUBLIC COMMENTS

Ms. TJ, with Hayward Concern ed Citizens, expressed there was greater aware ness about fireworks and the process for reporting them, and suggested it would be helpful to provide, via social media platforms, statistics on citation issued and areas with most frequent activity.

Mr. John Ostarello spoke about water consumption during past droughts, favored the solution in the early 70 ’s when the county allocated a fixed number of gallons of water per day per individual, and urged the Council to establish policies and encourage water conservation.

Ms. Lisa Lorenz , President of Bay Philharmonic, announced t he Bay Philharmonic’s new location would be at Chabot College, and shared that talent was being attracted from the East Coast including the Broadway Show Hamilton.

Mr. Jung-Ho Pak, Artistic Director of Bay Philharmonic, shared there would be four dramatic and theatrical programs starting on October 1, 2023, expressed it was the Bay Philharmonic’s mission to showcase diversity and represent the East Bay, had a goal to present the world’s best e ntertainment, invited all to attend the symphony , and noted free tickets would be offered to Chabot College and Las Positas students.

CITY MANGAGER’S COMMENTS

City Manager McAdoo noted she was attending the Bloomberg Harvard City Leadership program in New York sponsored by the Bloomberg Foundation, and that was the reason for her remote participation at the meeting.

CONSENT

Consent Items 6, 7, and 10 were removed from the Consent Calendar for comment.

1. Approve the Minutes of the Special City Council Meeting on June 27, 2023 MIN 23-083 It was moved by Counci l M ember Goldstein, sec onded b y Council Member Zermeño, a nd carried unanimously, to approve the minutes of the City Council Meeting on June 27, 2023.

2. Approve the Minutes of the Special City Council Meeting on July 13, 2023 MIN 23-084 It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, a nd carried unanimously, to approve the minutes of the City Council Meeting on July 13, 2023.

3. Approve the Minutes of the Special City Council Meeting on August 7, 2023 MINS 23- 085
It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, a nd carried unanimously, to approve the minutes of the City Council Meeting on August 7, 2023.

4. Adopt a Resolution Authorizing the City Manager to Amend the Vegetation Management Contract for Specifi c City -Owned and Maintained Properties with Joe ’s Landscape and Concrete by Increasing the Contract by a n Additional $300,727.83, For A Total Not -to-Exceed Amount of $615,727.83, and Extend the Contract Through FY2026 CONS 23-432

Staff report submitted by Maintenance Services Director Rullman, dated August 15, 2023, was filed.

4 | A u g u s t 15 , 2 02 3
It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-208, “Resolution Authorizing the City Manager to Amend the Vegetation Management Contract for Specific-Owned and Maintained Properties with Joe’s Landscape and Concrete by Increasing the Contract by an Additional $300,727.83, for a Total Not-to-Exceed Amount of $615,727.83, and Extend the Contract Through FY2026”

5. Adopt a Resolution Authorizing the City Manager to Ne gotiate and Execute an Amendment to the Memorandum of Understanding with the Hayward Area Recreation and Park District for Operations and Maintenance of Certain Landscape and Lighting Assessment District (LLAD) Parks CONS 23-433

Staff report submitted by Maintenance Services Director Rullman, dated August 15, 2023, was filed.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-209, “Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Memorandum of Understanding with the Haywar d Area Recreation and Park District for Operations and Mai ntenance of Certain Landscape and Lighting Assessment District (LLAD) Parks”

6. Adopt a Resolution Authorizing the City Manager to Appropriate the Necessary Funds and Exec ute Agreements for a Business Assistance Package to Cerveceria LLC, (DBA Buffalo Bill’s Br ewery) Including a $75,000 Grant, a $50,000 Small Business Loan, a $295,000 Economic Development Loan, and a $230,000 CDBG Revolving Loan Fund Small Business Loan to Assist in the Refurbishment a nd Reopening of the Full -Service Restaurant and Outdoor Dining at 1082 B Street CONS 23-440

Staff report submitted by Chief Economic Development Officer Nguyen, dated August 15, 2023, was filed.

In response to Council Member Bonilla Jr.’s request for clarification about the three loans and the grant, Chief Economic Development Office r Ngu yen confirmed the loans will have payment deferrals for one year and interest payments at 1% interest per terms as established, except for the financial assistan ce in the form of a grant in the amount of $75,000. Council Member Bonilla Jr. wanted to ensure this was clear to the public.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-210, “Resolution 1) Authorizing the City Manager to Execute an Agreement for $75,000 to be Dispersed as an Economic Development Grant, a $50,000 Small Business Loan, a $295,000 Economic Development Loan, and a $230,00 0 CDBG Revolving Loan Fund Small Business Loan with Cerveceria LLC (DBA Buffalo Bills) to Assist in the Re -Opening of the Buffalo Bill’s Brewery and Restaurant, and 2) Appropriating Dollars from the Appropriate Fund Accounts for the Implementation of This Business Assistance Package”

7. Adopt a Resolution Aut horizing the Transfer and Appropriation of $100,000 from th e General Fund to the Community Development Block Grant Fund (Fund 225) for Repayment of the Russell City Distillery Loan to the Department of Ho using and Urban Development CONS 23-442

6 | A u g u s t 15 , 2 02 3
Staff report submitted by Assistant City Man ager Youngblood, dated August 15, 2023, was filed.

Council Member Bonilla Jr. received confirmation that the transfer of $100,000 from the General F und to the CDBG Fund 225 t o re pay the Department of Housing an d Urban Development (HUD) for the repayment of the Russel City Distillery loan would be recovered because there was a lien that would be placed on the property and asked if there were penalty or interest that will be charged on the $100,000 in case the loan is not paid according to stipulated terms. Chief Economic Development Officer Nguyen responded that while he did not have the agreement details available, it was typical that when there was a default on the loan, additional interest can be collected.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolutions.

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

Resolution 23-211, “Resolution Authorizing the Transfer and Appropriation of $100,000 from the General Fund to the Community Development Block Grant Fund (Fund 225) for
Repayment of the Russell City Distillery Loan to the Department of Housing and Urban Development”

8. Adopt a Res olution Authorizing the City M anager to Amend the Professional Se rvices Agreement with First Presbyterian Church of Hayward to Increase the Winter Warming Shelter at South Hayward Parish Con tract Amount by $405,686 for a Total Not -To- Exceed Amount of $2,050,000 CONS 23-445

Staff report submitted by Assistant City Manager Claussen, dated August 15, 2023, was filed.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolutions.

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

Resolution 23-212, “Resolution Authorizing the City Manager to Amend the Professional Services Agreement with First
Presbyterian Church of Hayward to Increase the Winter
Warming Shelter at South Hayward Parish Contract Amount by $405,686 for a Total Not to Exceed A mount of $2,050,000 and Extend Emergency Shelter Services Through July 31, 2024”

9. Adopt a Resol ution Authorizing the Cit y Manager to Extend and Amend an Agreement with the Alameda County Probation Department to Provide Services at the Delinquency Prevention Network Youth Service Center and to Accept and Appropriate $250,000 From Alameda County to Fund the Extension CONS 23-446

Staff report submitted by Acting Chief of Police Matthews, dated August 15, 2023, was filed.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolutions.

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

Resolution 23-213, “Resolution Authorizing the City Manager to Extend and Amend an Agree ment with the Alameda County Probation Department to P rovide Services at the Delinquency Prevention Network Youth Service Center and to Accept and Appropriate $250,000 from Alameda County to Fund the
Extension”

10. Adopt a Resolution Authorizing the Purchase of Ammunition from Dooley Enterprises, Inc. for Haywa rd Po lice Department Training and Operations, in an Amount Not -to- Exceed $200,000 CONS 23-448

Staff report submitted by Acting Chief of Police Matthews, dated August 15, 2023, was filed.

In response to Council Member Syrop’s inquiry as to how ammunitions would be purchased in the absence of salary savings, City Manager McAdoo responded such purchase requests would be allocated through the CIP Fund via transfer from the G eneral Fund. It was noted the 8 | A u g u s t 15 , 2 02 3
request was not budgeted in the CIP budget because the department did not an ticipate the number of recruits and training needs.

In response to Council Member Bonilla Jr.’s inquiry as to the drivers for the increase in cost for ammunition and whether the City was spending the amount in increments but with different vendors, Captain Deplitch stated th at Dooley Enterprises was the sole source vendor for ammunition during the last few years, added the request was for training, op erations and HPOA obligations, and noted that in the pre vious y ear the amount of money used for recruitment and training was through personnel and training funds which had been depleted.

In response to Council Member Bonilla Jr.’s inquiry if there were guidelines for the use of salary savings, City Manager McAdoo responded that the policy is to generally avoid use of salary savings and prioritize one-time expenditures, and salary savings could be reallocated to other departments via Council’s action for reappropriation of funds for other uses.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-214, “ Resolution Authorizing the Purchase of Ammunition from Dooley Enterprises, Inc. for Hayward Police Department Training and Operations, in an Amo unt Not -to- Exceed $200,000”

11. Adopt a Re solution Authorizing the City Manager to Accept and Appropriate $113,797.39 in Aw arded Officer Wellness and Mental Health Grant Funding from the State of California Board of State and Community Corrections CONS 23-449

Staff report submitted by Acting Chief of Police Matthews, dated August 15, 2023, was filed.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-215, “Resolution Authorizing the City Manager to Accept and Appropriat e $113,797.39 in Awarded Officer
Wellness and Mental Health Gran t Fundin g from the State of California Board of State and Community Corrections”

12. Adopt a Resolution Awarding a Contract to The Garland Company for the Hayward Executive Airport - Hangars J, K, L, and M Roof Repair Projec t, Project No. 06826, in an Amount Not-to-Exceed $807,000 and Appropriate an Additional $107,000 from the Airport Capital Fund (Fund 621) to Project 06826 CONS 23-451

Staff report su bmitted by Public Works Director Ameri, dated August 15, 2023, was filed.

It was mo ved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-216, “Resolution Authorizing the City Manager to Negotiate and Execute a Contract with the Garland Company for the Hayward Exec utive Airport – Hangars J, K, L, And M Roof Repair Project, Project No. 06826, in an Amount Not -to-Exceed $807,000”

Resolution 23-217, “Resolution Authorizing the Appropriation of $107,000 from the Airport Capital Fund (Fund 621) to the Hayward Executive Airport – Hangars J, K, L, and M Roof Repair Project, Project No. 06826”

13. Adopt a Resolution Approving Pl ans and Specifications, and Calling for Bids for the Municipal Parking Lot No. 11 Improvement Project No. 05741 CONS 23-454

Staff report su bmitted by Public Works Director Ameri, dated August 15, 2023, was filed.

10 | A u g u s t 15 , 2 02 3
It was moved by Council Member Goldstein, seconded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-218, “Resolution Approving Plans and
Specifications and Call for Bids for Municipal Parking Lot No. 11 Improvement Project, Project No. 05741”

14. Adopt a Resolution to Authorize the Mayor to Enter into a Sister City Agreement with the City of Faro, Algarve, Portugal CONS 23-455

Staff report submitted by Assistant City Man ager Youngblood, dated August 15, 2023, was filed.

It was moved by Council Member Goldstein, sec onded b y Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-219, “Resolution Approving the Attached Sister City A greement Between the City of Hayward, California, USA, and Faro, Algarve, Portugal”

LEGISLATIVE BUSINESS

15. FY 2024 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2024 LB 23-032

Staff report submitted by Human Resources Director Frye, dated August 15, 2023, was filed.

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

There being no public comments, Mayor Salinas opened and closed the public hearing at 8:11 p.m.

It was moved by Council Member Roche, seconded by Council Member Bonilla Jr., and carried by the following roll call vote, to approve the resolutions.

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

Resolution 23-220, “Resolution Approving the Amended Fiscal Year 2024 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding
Resolution No. 23-173 and all Amendments Thereto”

16. Cal Cities 2023 Annual Conference: Adopt a Resolution Designating Voting Delegates and Alternates for the Annual Conference Scheduled for September 20-22, 2023 (Report from City Clerk Lens) LB 23-030

Staff report submitted by City Clerk Lens, dated August 15, 2023, was filed.

City Clerk Lens provided a synopsis of the staff report.

Council Member Syrop expressed that he would be interested in being a delegate depending on policy proposals and wonde red if there could be multiple a lternates. C ity Cle rk Lens confirmed there could be up to two alternates.

Council Member Zermeño spoke favorably of Cal Cities conferences and indicated he would be attending Thursday’s session.

There being no public comment, Mayor Salinas opened and closed the public hearing at 8:15 p.m.

Council Member Andrews favored having tw o alternates and shared she was interested in serving as an alternate if no one else was interested.

Council Member Bonilla Jr. indicated that he would be attending the conference as well, made a motion to approve the resolution designating Mayor Salinas as the delegate, and Council Members Goldstein and Syrop as alternates.

12 | A u g u s t 15 , 2 02 3
It was moved by Council Member Bonilla Jr., seconded by Council Member Zermeño and Roche, and carried by the following roll call vote, to approve the resolutions.

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

Resolution 23-221, “A Resolution Designating a Voting Delegate and an Alternate Voting Delegate as Hayward’s Representatives to the Cal Cities 2023 Annual Conference”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews commended Mayor Salinas for his announcement in the news about the lawsuit to protect children at the Assessment Center in Hayward and hoped for a prompt resolution.

Council Member Zermeño encouraged all to attend the Hayward Street Party on August 17, 2023, in downtown Hayward.

Council Member Syrop thanked all attendees of the grand opening of the Makerspace and Art Studio on August 12, 2023, at the Sun Gallery, and thanked those who voted to fund it through the Hayward People’s Budget.

Mayor Salinas highlighted events over the summer to activate economic corridors in the city and the downtown, including the opening of businesses and street parties; appreciated the efforts of the Economic Development team; and shared that as a member of the East Bay Economic Alliance, he was pleased that crime and safety around economic and transit hubs was prioritized.

Council Member Bonilla Jr. shared the Together for Hayward E-Gift Card Program to support City businesses had launched highlighting that participants would receive bonus cards and noted there were over 122 businesses participating.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting back to closed session at 8:25 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-093
DATE: September 12, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on August 22, 2023

RECOMMENDATION
That the Council approves the minutes of the Special City Council meeting held on August 22, 2023.

SUMMARY
The City Council held a special meeting on August 22, 2023.

ATTACHMENTS
Attachment I Draft Minutes of August 22, 2023
CITY OF HAYWARD Printed on 9/7/2023Page 1 of 1
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The City Council meeting was called to order by Mayor Salinas at 4:09 p.m. The City Council held a hybrid meeting in Conference Room 2A and virtually via Zoom.

Pledge of Allegiance: Council Member Zermeño

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: None

PUBLIC COMMENTS
Mr. Mauricio Chavez, Hayward resident and Nor Cal Carpenters Union member, spoke about labor standards and his experience as a union member.

CITY COMMISSIONS INTERVIEWS

1. Annual City Commissions Interviews: Interview Applicants for Community Services Commission, Library Commission, Personnel Commission and Planning Commission; and Consider Keep Hayward Clean and Green Task Force (KHCG TF) Applicants Selected by the KHCG TF Subcommittee (Report from City Clerk Lens) RPT 23-082 The City Council interviewed twenty-five applicants; one applicant did not show.

SELECTION

2. Selection of Members for Service on the Community Services Commission, Library Commission, Personnel Commission, Planning Commission and Confirmation of Members for the Keep Hayward Clean and Green Task Force ACT 23-065 The City Council nominated individuals as listed below pending formal action at the September 12, 2023, Council meeting.

Library Commission:

ZERMEÑO motioned and GOLDSTEIN seconded to select Dominique Dozier and Crystal Porter as members of the Library Commission for terms of four -years each; APPROVED, 7:0:0 (AYES:

Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas) SYROP motioned and GOLDSTEIN seconded to select Marhya Kelsh as the alternate of the Library Commission ; APPROVED, 7:0:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas)
2 | A u g u s t 22 , 2 02 3
Personnel Commission:

GOLDSTEIN motioned and ROCHE seconded to select Megan Sediqui as member of the Personnel Commission for a fo ur-year term ; APPROVED, 7:0:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas)

ANDREWS motioned and SYROP seconded to select Maximilian Orlando as the alternate of the Personnel Commission; APPROVED, 7:0:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas)

Community Services Commission:

SALINAS motioned and ANDREWS seconded to dismiss Magdalena Cerna from th e Community Services Commission; APPROVED, 7:0:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas)

SYROP motioned and GOLDSTEIN seconded to select Mariana Triviso and Yoshiko Kimura for four-year terms each; Guadalupe Angulo and Jesse Gunn for three-year terms each; Amardeep Brar, Calvin Wong, and Daisy Maxion for two-year terms each; and Tyne Johnson for a one- year term as members of the Community Services Commission ; APPROVED, 7:0:0 (AYES:

Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas)

ZERMEÑO motioned and GOLDSTEIN seconded to select Hoang Dao as the alternate of the Community Services Commission; APPROVED, 5:2:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Zermeño; NOES: Syrop, Salinas)

Planning Commission:

BONILLA JR., motioned and SYROP seconded to select Shanta Franco-Clausen as member of the Planning Commission for a three-year term ; APPROVED, 6:1:0 (AYES: Andrews, Bonilla Jr., Roche, Syrop, Zermeño, Salinas; NOES: Goldstein)

ZERMEÑO motioned and BONILLA JR . seconded to select Ron Meyers as the alternate of the Planning Commission; APPROVED, 7:0:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas)

Keep Hayward Clean and Green Task Force:

SYROP motioned and ZERMEÑO seconded to accept the Keep Hayward Cl ean and Green Task Force (KHCG TF) Subcommittee recommendation to se lect Celia Ching Chung, Sandra Frost, Sergey Melnikov, and George Villlamil, as KHCG TF members for four -year terms each ; and accepted selecting Gwenda Dossey and Vikram Gautham as alte rnates of the KHCG TF ; APPROVED, 7:0:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas). The KHCG TF Subcommittee also recommended to dismiss Canice Adom and Regneel Prasad.

It was noted the Council Ad Hoc Committee would address requests from Community Services Commission members for remote participation at their meetings during the review of the Council Member Handbook.

ADJOURNMENT

Mayor Salinas adjourned the special City Council meeting at 11:45 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-476
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Reducing the Keep Hayward Clean and Green Task Force Membership Size from Thirty Members to Twenty Members and Creating a Waitlist to Account for Vacancies Throughout the Year

RECOMMENDATION
That Council adopts a resolution (Attachment II) reducing the Keep Hayward Clean and Green Task Force (KHCGTF) membership size from thirty (30) members to twenty (20) members and creating a waitlist to account for vacancies throughout the year.

Unfortunately, the TF’s ongoing vacancies have made it difficult to conduct business due to the lack of quorum at monthly meetings. The KHCGTF and staff recommend a reduction in membership from 30 members to 20 members to improve the operational abilities of this body. Additionally, it’s recommended that a waitlist be created for the TF to consider drawing from as vacancies occur during the year.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Exhibit I KHCGTF Bylaws
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DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adopt a Resolution Reducing the Keep Hayward Clean and Green Task Force Membership Size from Thirty Members to Twenty Members and Creating a Waitlist to Account for Vacancies Throughout the Year

SUMMARY
The KHCGTF was formed in November 2006 by the City Council to help address issues impacting community appearance. Its mission is to preserve the environment and enhance the visual appearance of the City through joint efforts of individuals, volunteer groups, businesses, and municipal resources. Unfortunately, the TF’s ongoing vacancies have made it difficult to conduct business due to the lack of quorum at monthly meetings. The KHCGTF and staff recommend a reduction in membership from 30 members to 20 members to improve the operational abilities of this body. Additionally, it’s recommended that a waitlist be created for the TF to consider drawing from as vacancies occur during the year.

BACKGROUND AND DISCUSSION
The KHCGTF’s core mission surrounds quarterly beautification events supported by monthly planning meetings. In addition to their events and monthly meetings, TF members volunteer to provide educational information that supports environmentally friendly topics at various community events throughout the year. While staff believes the KHCGTF’s mission and work product adds a direct value to the community, the lack of consistent participation is impacting the TF’s efficiency, contributions, and ability to conduct business. The TF currently has fifteen (15) vacancies which has resulted in quorum often not being met at monthly meetings Through the first decade of their work, the TF regularly held monthly clean-up events. In 2020, City staff and the TF reviewed the historical attendance of volunteers at events, and it was determined that TF participation and city resources would be better served by reducing the number of annual events from monthly to quarterly. While Maintenance Services staff and

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the TF acknowledge there will always be a need for litter reduction, the City and TF have made substantial programming improvements to directly address this issue. To help offset the reduction in TF events, KHCG created the Adopt-a-Block Program. Currently, the program has 172 groups who are actively working within the community picking up and removing litter and reducing blight. Additionally, over the course of the last five years, the addition of Measure C-funded Maintenance Services staff dedicated to litter, graffiti, and illegal dumping abatement has fully off-set the reduction in events. City staff and TF leadership believe a reduction in force to 20 members and the creation of a waitlist to account for vacancies will improve the TF’s ability to regularly conduct business and support their community events.

FISCAL AND ECONOMIC IMPACT

There is no fiscal impact associated with this report.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.

PUBLIC CONTACT

No public contact is required for this item.

NEXT STEPS

If Council approves this request, staff will work with the KHCGTF to update its bylaws to reflect a 20-member size, update the frequency of events from monthly to quarterly, and create a waitlist to account for vacancies.

Prepared by: Colleen Kamai, Administrative Supervisor Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION REDUCING THE KEEP HAYWARD CLEAN AND GREEN TASK

FORCE MEMBERSHIP SIZE FROM THIRTY MEMBERS TO TWENTY MEMBERS

AND CREATING A WAITLIST TO ACCOUNT FOR VACANCIES THROUGH OUT

THE YEAR
WHEREAS, the City Council formed the Keep Hayward Clean and Green Task Force (KHCGTF) in November 2006 to help address issues impacting community appearance; and WHEREAS, the KHCGTF’s mission is to preserve the environment and enhance the visual appearance of the City through joint efforts of individuals, volunteer groups, and businesses, and municipal resources, and holds monthly meetings and several events throughout the year; and
WHEREAS, the KHCGTF currently has thirty (30) members but has continuously had vacancies which is impacting its operational abilities of this body; and WHEREAS, Maintenance Services staff and the KHCGTF believe reducing the member size will improve the KHCGTF’s ability to regularly conduct its business and support community events.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Keep Hayward Clean and Green Task Fo rce membership is hereby reduced to twenty members and a waitlist is hereby created to account for vacancies throughout the year.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD

KEEP HAYWARD CLEAN AND GREEN TASK FORCE
BYLAWS

ARTICLE I

PURPOSE
SECTION 100. The purpose of the Keep Hayward Clean and Green Task Force is to assist City Staff in their efforts to address issues that impact community appearance by:

A. Providing advice and assistance to the Hayward City Council Suggesting, influencing, and promoting City Ordinances and processes that support a clean and green environment; B. Supporting community improvement goals, and to help solve community appearance; C. Utilize education and outreach to ensure individuals, volunteer groups, businesses, and municipal resources are involved and participate in keeping our City clean and green; D. Creating and sustaining programs which will preserve the environment and enhance the visual appearance of the City of Hayward through the joint efforts of individuals, volunteer groups, businesses, and municipal resources;
E. Improve the quality of life in the many diverse neighborhoods in the City through various clean- up activities and efforts.

ARTICLE II

DUTIES, ROLES, AND RESPONSIBILITIES OF THE TASK FORCE
SECTION 200. The duty of the Task Force is to implement throughout the City of Hayward the public policy stated herein. To this end the Task Force shall, among other things:

1. Review and study problems and applicable needs of the community.

2. Conduct 10 community clean-up events a year to support residents on how to keep clean and green by:
a. Accessing City run programs for rebates, assistance, and incentives. b. Utilization of Access Hayward and other blight and graffiti reporting techniques.

3. Collect data from monthly clean-ups using measurements (i.e. cubic yards) which is consistent with City Standards and turn data into City Staff for processing no later than the Friday following the monthly clean-up.

ARTICLE III

MEMBERSHIP
SECTION 300. The membership of the Task Force shall consist of thirty (30) members as appointed by the City Council.

SECTION 301. As in accordance with City Charter Section 900, in order to be eligible for appointment to the Task Force a person shall be a qualified elector of the incorporated area of the City of Hayward.

EXHIBIT I
SECTION 302. Task Force members shall serve in accordance with Article III, but not in the event of any vacancy by reason of resignation, the Chairperson shall immediately notify the appointing authority to make a reappointment in accordance with the aforementioned policy to fill vacancy.

SECTION 303. As in accordance with City Charter Section 905, members shall serve without compensation, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the Task Force and the overarching budget for such, annually approved by Council.

SECTION 304. Before members can participate as voting members of their respective bodies, they must take the Oath of Office as required by law. The City Clerk or her designee administers the Oath of Office to appointed members.

ARTICLE IV
TERM

SECTION 400. The Charter of the City of Hayward does not apply to the term of office for members of the Keep Hayward Clean and Green Task Force because the Task Force is not a board, commission, or committee as contemplated by the Charter.

SECTION 401. Members shall be required to attend no less than seventy-five percent of all regular activities, including meetings and clean-ups, held by the Task Force. If a member cannot attend a clean- up activity, they must submit a request for an excused absence to the Task Force Chair and the Staff Liaison. If the absence has been deemed excusable as outlined in section 402, item 4, then that member will be able to make up the absence by attending another Hayward public agency (City of Hayward, H.A.R.D. or H.U.S.D) sponsored clean-up activity or an Adopt-a-Block clean-up. The Task Force will provide a list of acceptable make-up clean-up activities every calendar year.

SECTION 402. The mention of “regular activities” in City Resolution 87-323 C. S. shall include “Monthly Clean-Up Events and regular meetings” for KHCG Task Force members.

1. Members of boards or commissions shall be required to attend not less than 75% of all regular meetings held;

2. Attendance records will be reviewed by the City Council in June of each year based on the previous 12-month period (June 1 through May 31), except for appointments effective July 1st or thereafter;

3. The City Council will remove or not reappoint any Task Force member who has failed to attend at least 75% of all regular meetings held during the 12-month period noted in paragraph (4) above, unless, upon the appeal of a Task Force member that is filed within seven (7) days of notification that such attendance requirement has not been met, the City Council determines that a lesser attendance record is the result of unusual and excusable circumstances.

Examples of unusual and excusable circumstances that may, but need not, result in retention of a board or commission member include a comparatively infrequent meeting schedule of the board or commission upon which the member serves over the 12-month period; absences that result from the member’s attendance at other City-sponsored or City-endorsed functions that conflict with a board or commission meeting time; and the illness or injury of a family member that required the absence of the board or commission member from the City. In all cases in which the City Council considers the appeal of a board or commission member under this paragraph, the Council shall take into account the attendance of the board and commission member for the entire period that the member has served on City boards and commissions and the likelihood that the member’s current year attendance will meet the 75% attendance standard in the future.

ARTICLE V

ATTENDANCE

SECTION 500. KHCG Attendance Policy Process:

1. Attendance records will be maintained by KHCG Task Force City Staff.

2. Members requesting to be excused from Task Force Meetings or monthly clean-up events must notify the Task Force Chair AND Task Force City Staff prior to the meeting or event.

3. Attendance standards imply members will be on time for all activities including but not limited to: meetings (currently 7PM) and clean-up events (currently 8AM).

4. The Task Force Staff will excuse members based on the “unusual and excusable circumstances” noted in City Resolution 87-323 C. S.

5. Task Force attendance will be reviewed every four months of the fiscal year; October 30th, February 29th (28th), June 30th. (See example, Attachment 1)

6. Members below 75% attendance (regular meetings and monthly clean-up events combined) or members that have missed two or three consecutive meetings will be sent a letter from the City Clerk’s Office reaffirming the attendance policy.

7. Failure to maintain attendance standards by the next review will result the member’s position being declared vacant by the City Council.

ARTICLE VI
OFFICERS – ELECTIONS & TERMS

SECTION 600. The officers of the Keep Hayward Clean and Green Task Force shall be a Chairperson and Two (2) Vice-Chairpersons.

SECTION 601. All elected officers shall serve a term of two (2) years beginning January 1 and continuing until their successors have been elected. Officers are eligible to succeed themselves only for one additional term of office, totaling four years.

SECTION 602. Officers shall be nominated by a nominating ad-hoc committee selected by the Chairperson. Additional nominations will be permitted from the floor after the nominating ad-hoc committee has reported.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-461
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Acting Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $3,000 in Awarded Grant Funding from the Best Friends Animal Society in Connection with its GoodPup Scholarship Grant for the Hayward Police Department’s Animal Services Bureau

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $3,000 from the Best Friends Animal Society for the Hayward Police Department’s Animal Services Bureau.

SUMMARY
A Best Friends Animal Society representative recently toured the Hayward Police Department’s Animal Services Bureau. The Hayward Animal Services Bureau was then selected to receive a $3,000 grant as part of the Best Friends Animal Society’s GoodPup Scholarship Grant. Through this grant, adopters of long-stay dogs and dogs with some behavioral challenges will be provided with scholarships for 6-weeks of free online behavior training through GoodPup as an incentive to adopt these more challenging dogs who are often overlooked. Funding will provide scholarships for twenty (20) dogs and their adopter with the goal of decreasing the length of time these dogs stay in the shelter and increasing their chances for success in their new home.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: September 12, 2023
TO: Mayor and City Council
FROM: Acting Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $3,000 in Awarded Grant Funding from the Best Friends Animal Society in Connection with its GoodPup Scholarship Grant for the Hayward Police Department’s Animal Services Bureau

BACKGROUND AND DISCUSSION
On July 10, 2023, a Best Friends Animal Society representative toured the Hayward Police Department’s Animal Services Bureau. Hayward Animal Services Bureau’s challenges and programs were discussed. One such challenge is the number of dogs entering the shelter and how long they sit in the shelter’s adoption wards before being adopted, fostered, rescued, or eventually euthanized due to their declining mental health. This is a challenge shelters nationwide are facing due to the unprecedented number of dogs entering shelter systems post-pandemic.

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Hayward Animal Services Bureau recently partnered with GoodPup, an online behavior and training platform offering lifetime discounted subscriptions to owners who adopt a dog or redeem their dog from participating shelters. GoodPup offers 1:1 training using only humane, reward-based training methods. Six- or eight -week training scholarships can be purchased by shelters to give to adopters, or owners considering surrendering their dog for behavior reasons.

Best Friends Animal Society selected Hayward Animal Services Bureau to receive $3,000 in regional discretionary funding as a grant specifically to fund Good Pup scholarships. Funding will provide free 6-week scholarships for training services through GoodPup to adopters of twenty (20) dogs that have the longest length of stay in the shelter, and/or dogs that have been identified as more behaviorally challenged. The intent of these scholar ships is to encourage adopters to select these harder-to-adopt dogs by providing a free training resource to help these dogs transition successfully into their new homes and become well- mannered canine members of the community.

FISCAL IMPACT

Acceptance of the Best Friends Animal Society’s GoodPup Scholarship grant will have no impact on the General Fund.

STRATEGIC ROADMAP

The Best Friends Animal Society’s GoodPup Scholarship supports the Enhance Community Safety & Quality of Life priority outlined in the Council’s Strategic Roadmap although it does not fit into a specific project.

NEXT STEPS

If Council adopts the attached resolution, staff will accept the grant via the Best Friends Animal Society’s online grant platform. Once funding is re ceived, staff will appropriate the funding into the Police Department’s budget and administer the grant per the terms and conditions of the Best Friends Animal Society’s GoodPup Scholarship grant agreement.

Prepared by: Jennie Comstock, Animal Services Administrator

Recommended by: Bryan Matthews, Acting Chief of Police

Approved by:

___________________________________
Kelly McAdoo, City Manager

ATT ACHMENT II

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HAYWARD CITY COUNCIL
REOLUTION NO. 23-__________
Introduced by Council Member _______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE $3,000 IN AWARDED GRANT FUNDING FROM THE BEST FRIENDS ANIMAL SOCIETY

IN CONNECTION WITH ITS GOODPUP SCHOLARSHIP GRANT FOR USE BY THE HAYWARD POLICE DEPARTMENT’S ANIMAL SERVICES BUREAU
WHEREAS, the Best Friends Animal Society has made funds available to organizations for specific projects with the goal of increasing life-saving efforts; and WHEREAS, the Best Friends Animal Society has selected the Hayward Police Department ’s Animal Services Bureau to receive $3 ,000 in funding as part of their GoodPup Scholarship Grant ; and
WHEREAS, funds received from the Best Friends Animal Society will be used to provide free 6-week scholarships for training services through GoodPup to adopters of twenty (20) dogs that have the longest length of stay in shelter, and/or dogs that have been identified as more behaviorally challenged.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to accept and appropriate $3,000 in awarded funding from the Best Friends Animal Society as part of their GoodPup Scholarship Grant for use by the Hayward Police Department’s Animal Services Bureau.

FURTHER BE IT RESOLVED, that the City Council of the City of Hayward hereby approve s the amendment to the FY 2024 Operating Budget Resolution by appropriating $3,000 in grant funding from the Best Friends Animal Society.

ATT ACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-467
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Site License Agreement with East Bay Community Energy for Electric Vehicle Charging at Multiple Locations and Finding the Action is Exempt from CEQA Review

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a site license agreement with East Bay Community Energy (EBCE) for electric vehicle charging at multiple locations, including the addition of The Stack Center, and finding the action is exempt from CEQA review.

SUMMARY
In November last year, Council authorized an agreement with EBCE to develop and operate publicly available electric vehicle (EV) fast charging hubs at up to seven City-owned municipal parking lots and garages. Staff is seeking Council authorization to add The Stack Center as the location of an additional EV charging hub. Staff is also seeking Council authorization to add properties to or remove properties from the agreement as appropriate.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Site Map
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DATE: September 12, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Site License Agreement with East Bay Community Energy for Electric Vehicle Charging at Multiple Locations and Finding the Action is Exempt from CEQA Review

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a site license agreement with East Bay Community Energy (EBCE) for electric vehicle charging at multiple locations, including the addition of The Stack Center, and finding the action is exempt from CEQA review.

SUMMARY

In November last year, Council authorized an agreement with EBCE to develop and operate publicly available electric vehicle (EV) fast charging hubs at up to seven City-owned municipal parking lots and garages. Staff is seeking Council authorization to add The Stack Center as the location of an additional EV charging hub. Staff is also seeking Council authorization to add properties to or remove properties from the agreement as appropriate.

BACKGROUND

In 2018, the EBCE Board of Directors adopted a Local Development Business Plan. One of the key strategies included in the Plan is to develop and implement projects that support electrification of transportation in its service territory. EBCE is also working to align its initiatives with California’s EV goals including:

 By 2025, 1.5 million Zero-Emission Vehicles (ZEVs) on the road and 250,000 public and shared EV chargers in operation.
 By 2030, approximately 1.2 million public and shared chargers to meet the fueling demands of the 7.5 million ZEVs anticipated to be on California roads1.

1 https://www.energy.ca.gov/news/2021-06/report-shows-california-needs-12-million-electric-vehicle-chargers- 2030#:~:text=In%20addition%20to%20the%201.2,trucks%20and%20buses%20also%20anticipated.&text=These%20numbers%20fal l%20short%20of,250%2C000%20chargers%20by%2054%2C000%20installations.

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In support of the above goals, on August 25, 2022, the California Air Resources Board (CARB) approved a rule requiring 100 percent of new car sales in California to be ZEVs by 2035. The rule also includes ZEV targets for 2026 (35 percent) and 2030 (68 percent).

In light of the anticipated demands for EV charging, EBCE seeks to develop, own, and operate a network of publicly available EV fast charging hubs throughout its service territory. EBCE aims to deploy forty to fifty fast charging hubs throughout its service area over the next several years, including two or three hubs in Hayward within the next few years. Each hub is planned to have a minimum of ten dual-port Direct Current Fast Chargers (DCFCs)2. A charging hub with ten dual port DCFCs can charge up to twenty vehicles simultaneously. Due to the loading areas needed for van-accessible parking spaces, each hub may occupy up to twenty-two existing parking spaces.

On November 1, 20223, Council adopted a resolution authorizing the City Manager to negotiate and execute a Multi-Site License Agreement (MSLA) with EBCE to allow the development of charging hubs on City properties. The resolution specifically identifies the following sites as potential locations:

1. Cinema Garage – 22695 Foothill Boulevard

2. Municipal Lot 1 – 919 A Street

3. Municipal Lot 2 – 1042 B Street

4. Municipal Lot 4 – 1147 B Street

5. Municipal Lot 5 – 22456 Maple Court

6. Municipal Lot 6 – 1164 A Street

7. Northeast Corner of Mission Blvd. and Fairway Street

These initial locations were selected because they are under City ownership, large enough to accommodate the twenty-two parking spaces needed, and in proximity of high-density multi-family residences.

Cinema Place Parking Structure – The first hub to be developed will be the Cinema Place parking structure because grant funding has been secured for that project. Approximately $1.2 million in grant funds from the California Energy Commission (CEC) has been secured to fund a fast-charging hub in the Cinema Place parking structure. EBCE’s grant agreement with the CEC requires that the hub be operational by September 1, 2024. EBCE is currently conducting engineering analysis and coordinating with PG&E to design the hub.

DISCUSSION

When the publicly accessible charging hubs were considered by the Council Sustainability Committee (CSC) on October 6, 20224, the CSC unanimously recommended that Council

2 There are generally three types of EV chargers:
 Level 1 – 15-20 Amps, providing a driving distance of 3-4 miles/hour of charge  Level 2 – 40 Amps, providing a driving distance of 25-30 miles/hour of charge  Direct Current Fast Charger (DCFC) – 80 – 400 Amps, providing a driving distance of 125-1,000 miles/hour of charge 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=5901795&GUID=27FCE637-B869-4CDB-949D- 691ACC60E606&Options=&Search=
4 https://hayward.legistar.com/LegislationDetail.aspx?ID=5860959&GUID=18C2C23E-0277-446D-9523- 5C71105382D5&Options=&Search=

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authorize the agreement and requested that the charging hubs be extended to other areas of Hayward. Staff has continued to explore additional potential sites and identified an opportunity for an additional charging hub at The Stack Center, to be developed at Tennyson and Ruus Road. Phase 1 of the Stack Center will include remodeling of the existing Matt Jimenez Community Center and construction of a parking lot, shown as P2 on Attachment III.

Phase 1 plans have been revised to incorporate the conduit needed for 10 dual-port chargers in the parking lot. On June 20, 20235, Council adopted a resolution approving the plans and specifications for Phase 1 of The Stack Center and the bid opening is currently scheduled for October 31, 2023. Phase 2 of The Stack Center development will include construction of a new community center building. During Phase 2, the transformer, switchgear, and EV chargers would be installed.

As with the other charging hubs to be developed by EBCE, and as noted in the key terms of the agreement below, EBCE will cover: the cost of the conduit and installation; the chargers and installation; the cost of operation and maintenance of the chargers; and the cost of the electricity for the chargers. The operators of The Stack Center have expressed concerns about the number of parking spaces that will be dedicated to EV charging and that this could potentially limit the parking available for non-EV drivers. EBCE has indicated flexibility and is open to phasing the installation of the chargers. While the electrical infrastructure will be installed during the parking lot construction, the chargers can be installed as demand is observed. Staff is considering the installation of five dual-port chargers during the Phase 2 construction.

Key Terms of Site License Agreement – The key terms of the draft agreement are:

1. The term of the agreement would be for fifteen years.

2. The agreement would allow charging hubs to be developed on multiple sites owned by the City.

3. EBCE will pay for construction, operation, and maintenance of the chargers.

4. EBCE will pay for electricity used by the chargers.

5. The City will provide the land and access to the parking spaces.

6. EBCE may place signage related to the charging facilities.

7. Rates for charging will be set by EBCE and may change from time to time at EBCE’s sole discretion.

8. After the City and EBCE agree on design details, construction schedule, etc., for each site, the City would issue a “Notice to Proceed” before EBCE can develop each hub.

Staff and EBCE will continue to explore additional potential sites in Hayward including other areas of the City. Staff is also seeking Council’s authorization to allow the City Manager to add or remove sites to the agreement in the future as appropriate.

FISCAL IMPACT

5 https://hayward.legistar.com/LegislationDetail.aspx?ID=6264038&GUID=FCB77542-6C81-473E-A003- C676B8186C9C&Options=&Search=

Page 4 of 5 ends

The recommended agreement and the siting of charging hubs in Hayward will have no costs to the City’s General Fund or other City Funds. EBCE will fully fund the construction and operation of the charging hubs. The City’s contribution for each charging hub will be the dedication of the parking spaces and areas needed for transformers and electrical equipment. The City will receive a small increase in revenues from the utility user tax (UUT) associated with the electricity used for the chargers.

Upon the bid opening for construction of Phase 1 of The Stack Center, the costs of the conduit needed for the charging hub will be known. Staff intends to enter into an MOU to document EBCE’s commitment to cover all costs associated with development of the charging hub.

ECONOMIC IMPACT

EBCE has assured staff that discounted rates will be offered for low-income customers, but details of the program are not yet available. Given that the City has representation on EBCE’s Board of Directors, the City will be able to weigh in on rate setting.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Confront Climate Crisis & Champion Environmental Justice. This item specifically relates to the following Project:

Reduce Greenhouse Gases and Dependency on Fossil Fuels
Project C 2: Continue to collaborate with EBCE to provide public EV charging facilities

SUSTAINABILITY FEATURES

Electrification of vehicles throughout the community is necessary to meet the City’s long- term greenhouse gas (GHG) emissions reduction goals. In June 2020, Council adopted ambitious goals to reduce GHG emissions 55% below 2005 levels by 2030 and to work with the community to develop a plan that may result in the reduction of community-based GHG emissions to achieve carbon neutrality by 2045. Of Hayward’s total GHG emissions, the transportation sector accounts for close to 65%. While active transportation (walking, biking, etc.), ridesharing, and other strategies will be important to achieving needed reductions in Hayward’s transportation emissions, the electrification of cars and trucks will also be necessary.

Hayward’s 2040 General Plan includes the following policy related to EVs.

NR-2.10 – Zero-Emission and Low-Emission Vehicle Use: The City shall encourage the use of zero-emission vehicles, low-emission vehicles, bicycles and other non- motorized vehicles, and car-sharing programs by requiring sufficient and convenient infrastructure and parking facilities throughout the City.

Page 5 of 5 ends

ENVIRONMENTAL REVIEW

The proposed agreement is statutorily exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines. Charging hubs developed on existing parking lots will likely be categorically exempt from environmental review in accordance with CEQA pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) of the CEQA Guidelines.

PUBLIC CONTACT

No public contact has been made regarding the addition of The Stack Center to the multi- site license agreement (MSLA). Before Council approved the MSLA in November 2022, staff did solicit public comments. On September 7, 2022, staff mailed letters to approximately 600 downtown business owners and property owners to solicit comments on the installation of new charging facilities. Public meetings were held on September 20 (on Zoom) and September 22 (in person) to allow community members to ask questions and provide feedback. One person attended the September 20 meeting; no attendees were present for September 22 meeting. On October 11, 2022, staff received a letter from a downtown business owner in support of downtown EV charging and offering thoughts on the locations under consideration.

NEXT STEPS

If Council approves, staff will continue to negotiate and execute the Multi-Site License Agreement with EBCE. Additionally, staff will continue to work with EBCE to design the charging hub at the Cinema Place parking structure and for The Stack Center. Additional next steps include:

 Execute MSLA.
 Stack Center Phase 1 Bid Opening on October 31, 2023.  Stack Center Award of Contract – late Fall 2023.
 Execute MOU with EBCE outlining the costs EBCE will cover and acknowledging the timing of the phasing of the Stack Center construction.  Phase 1 is scheduled to be completed by June 2024

Prepared by: Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 ends

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A SITE LICENSE AGREEMENT WITH EAST BAY COMMUNITY

ENERGY FOR ELECTRIC VEHICLE CHARGING AT MULTIPLE LOCATIONS

INCLUDING THE STACK CENTER AND FINDING THE ACTION IS EXEMPT

FROM CEQA REVIEW
WHEREAS, the State of California has a goal of 7.5 million zero emission vehicles (ZEVs) on California roads and approximately 1.2 million public and shared chargers to meet the fueling demands of those vehicles by 2030; and WHEREAS, on August 25, 2022, the California Air Resources Board approved a rule requiring 100 percent of new car sales in California to be ZEVs by 2035; and WHEREAS, East Bay Community Energy (EBCE) aims to deploy forty to fifty fast charging hubs throughout its service area over the next several years including two or three hubs in Hayward in the next few years; and
WHEREAS, on November 1, 2022, the City Council of the City of Hayward adopted a resolution authorizing a Site License Agreement with EBCE to d evel op charging hubs at the foll owing potential l ocations:

1. Cinema Garage – 22695 Foothill Boul evard

2. Municipal Lot 1 – 919 A Street

3. Municipal Lot 2 – 1042 B Street

4. Municipal Lot 4 – 1147 B Street

5. Municipal Lot 5 – 22456 Mapl e Court

6. Municipal Lot 6 – 1164 A Street

7. Northeast Corner of Mission Blvd. and Fairway Street WHEREAS, the agreement supports the Strategic Priority of Confront Climate Crisis & Champion Environmental Justice as included in the Strategic Roadmap adopted by Council on June 6, 2023 . Specifically, this project is related to implementation of “Project C2:

Continue to collaborate with EBCE to provide public EV charging facilities”; and WHEREAS, an opportunity to develop a charging hub at The Stack Center has been identified.

ATTACHMENT II

Page 2 ends

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 on behalf of the City of Hayward a Master Site License Agreement with EBCE.

BE IT FURTHER RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to add The Stack Center as a potential site to be listed in the Master Site License Agreement with EBCE.

BE IT FURTHER RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to add properties to or remove properties from the Master Site License Agreement as appropriate.

BE IT FURTHER RESOLVED, that the City Council finds the agreement statutorily exempt from environmental review in accord ance with the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines.

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

UP
UP
C C C
PARKING LOT #1
23 SPACES

OVERFLOW /

TEMPORARY
PARKING LOT #4
(30 SPACES)
B1
(E) TENNYSON PARK
N.I.C.

R U U S R O A D

W E S T T E N N Y S O N R O A D
EVCS

BIORETENTION

LANDFORM
SLOPED
GRASS

SEATING TERRACED

SEATING

PROGRAM
COURT
STAGE
PARKING LOT #2
47 SPACES
PUBLIC
ENTRY
PARKING LOT #3
18 SPACES

PUBLIC ENTRY
PUBLIC
ENTRY

PUBLIC ENTRY

RESTRICTED ENTRY

OUTDOOR

PLAY AREA

OUTDOOR

PLAY AREA

OUTDOOR

PLAY AREA
PROPERTY LINE, TYP.
(N) DRIVE ACCESS
CONCEPTUAL LIMIT OF WORK BOUNDARY.

FOR DETAILED BOUNDARY, SEE C-SERIES

DRAWINGS
DN
C CEV

P A N J O N S T R E E T

EVCS EVCS EVCS EVCS EVCS
EVCS
B2
P1
PL2
PL1
P2
P3
PL3PL4
A1
A2
P4

GATEWAY
PLAZA
PL4
(NEW) SOUTH

HAYWARD YOUTH &

FAMILY CENTER
(REMODEL) MATT

JIMENEZ COMMUNITY

CENTER (MJCC)
EVCS
F.F. 20.5'
1-HR. RATED WALL
@ PROP. LINE
C
C C
A1.20
5 A1.20
1 SP.07
SP.11
SP.12
SP.13
SP.14
SP.16
SP.18
SP.20
SP.06
SP.05
SP.04
SP.26
SP.27
SP.16
26' - 0"
GATE
F.H.

F.H.

F.D.C. P.I.V
.

SEE CIVIL TRUCK

TURN EXHIBIT FOR

FIRE APPARATUS

CIRCULATION
EX03
EX02
SP.28

MC EV EV EV EV EV EV EV EV EV EV EV EV EV S
DN
SP.29
TRASH STAGING (2) 4 CU. YD
DUMPSTERS (1) 3 CU. YD
DUMPSTER - 4 DAY/WEEK
SP.30

EVEV EV
CEVS
MC

S S SS SS S S S S

C C C C
EV
VAN
C
S SS
S
EV

C C C C
S
SP.20
SP.20
SP.20
S S

S S S S S S S S S S S S S S S S S S S S S S S
S S
SP.06
B1
B2
P1
PL2
PL1
P2
P4P3
PL4
PL3
A1
A2
A3

SHEET NOTES
WASTE COLLECTION PER HAYWARD UTILITIES & ENVIRONMENTAL SERVICES:

CONTAINER CAPACITY CALCULATIONS
# OF EMPLOYEES x LBS. TRASH GENERATED PER EMPLOYEE / WEEK ÷ 150 = CUBIC YARDS / WEEK

NORTH BUILDING - BUILDING ONE

BUSINESS TYPE POUNDS PER EMPLOYEE / WEEK
RETAIL - FOOD STORE 112
(3 x 112) ÷ 150 = 2.24
SERVICES - BUSINESS SERVICES 65
(36 x 65) ÷ 150 = 15.6
SERVICES - EDUCATION 31
(14 x 31) ÷ 150 = 2.89
SERVICES - MEDICAL / HEALTH 58
(19 X 58) ÷ 150 = 7.35
B1 TOTAL CUBIC YARDS / WEEK = 28.08
(2) 4CU YD. BINS W/ 4 DAY PICK-UP

SOUTH BUILDING - BUILDING TWO

BUSINESS TYPE POUNDS PER EMPLOYEE / WEEK
MANUFACTURING - FOOD 62
(1* x 65) ÷ 150 = 0.43
*1 EMPLOYEE ASSUMED FOR SPORADIC USE OF (E) KITCHEN
SERVICES - BUSINESS SERVICES 65
(6 x 65) ÷ 150 = 2.6
SERVICES - EDUCATION 31
(10 x 31) ÷ 150 = 2.07
B2 TOTAL CUBIC YARDS / WEEK = 5.1
(3) 96 GALLON CARTS W/ 4 DAY PICK-UP
B1
LEGEND
(NEW) SOUTH HAYWARD YOUTH & FAMILY CENTER
B2 (REMODEL) MATT JIMENEZ COMMUNITY CENTER (MJCC)
P1 PARKING LOT #1 (@NE)
P2 PARKING LOT #2 (BETWEEN B1 & B2)
P3 PARKING LOT #3 (@SW)
P4 OVERFLOW/TEMPORARY PARKING LOT #4 (@SE)
PL1 GATEWAY PLAZA (NW)

PROGRAM COURT PLAZA
OVERFLOW/TEMPORARY PARKING LOT #4 (@SE)
B2 PLAY AREA
PL2
PL3
PL4
A1 WASTE ENCLOSURE (@NE)
A2 ARCHITECTURAL SITE WALL (@NORTH)

BUILDINGS

PARKING LOTS

OUTDOOR PLAZA

SITE ACCESSORY
A3 MOVIE PROJECTING DEVICE STANCHION
Drawing No.

If this drawing is not 30" x 42", it is a reduced print - scale accordingly. All rights reserved. Material may not be reproduced in any form without permission from RossDrulisCusenbery Architecture, Inc.

Drawn By
Date:

Scale:

Checked By
Sheet Title
Preliminary Design. Not For Construction Purposes.

Project No.

As indicated
A1.11

OVERALL

ARCHITECTURAL SITE
PLAN PHASE I+II
January 11, 2023

THE STACK CENTER
680 WEST TENNYSON ROAD &
28200 RUUS ROAD

HAYWARD, CA

PERMIT SET
2018071
GG MC
1" = 20'-0"1 SITE KEY PLAN - PHASE II 0' 10' 20' 40'
N
1/64" = 1'-0"

SITE ZONING DIAGRAM

KEYNOTES
SP.04 PAINTED STRIPES, TYP, S.C.D.

SP.06 SPRING LOADED, ADJUSTABLE BOLLARDS FOR ACCESS CONTROL SP.07 BICYCLE RACKS, S.L.D.

SP.11 SITE FURNITURE, S.L.D.

SP.12 ENTRY DEVICE STANCHION
SP.13 BICYCLE LOCKERS, S.L.D.

SP.14 PV BATTERY STORAGE BANK - BASIS OF DESIGN - (5) TESLA POWER PACKS + INVERTER - 1.15 MW SP.16 PV STRUCTURAL SUPPORT STEEL AND CANOPY ABOVE, TYP.

SP.18 PG&E TRANSFORMER PAD 90"X106", 36" CLEAR 3 SIDES
SP.20 (N) BIORETENTION, S.C.D. & S.L.D.

SP.26 SITE/GROUNDS MAINTENANCE STORAGE
SP.27 WASTE ENCLOSURE
SP.28 SEE LANDSCAPE DRAWING FOR DIMENSIONS & LAYOUT
SP.29 PROPERTY LINE, S.C.D. FOR MORE DETAIL
SP.30 RELOCATE EXISTING TRANSIT STOP SIGNAGE ADJACENT MONUMENT SIGN. SEATING AT MONUMENT SIGN TO BE USED FOR ADDITIONAL BUS STOP PARKING.

REVISIONS
No. Description Date
1 PERMIT SET 2 March 3, 2023

ATTACHMENT III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-475
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Schaaf & Wheeler for Engineering Design Services in the Amount of $120,000 for a Not-to-Exceed Amount of $320,000 to Complete the Arf Avenue Trash Capture Project No. 07746

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the Professional Services Agreement with Schaaf & Wheeler for engineering services related to the installation of a Trash Capture Device on Arf Avenue not to exceed $120,000 to be funded by Caltrans.

SUMMARY
To comply with the trash reduction requirements of the Municipal Regional Stormwater Permit (MRP), the City is collaborating with Caltrans to fund, design, and construct a large trash capture device within the City’s storm drain system to capture trash before the waters flow to the San Francisco Bay. The device will be located at Arf Avenue near Hesperian Boulevard and will be funded by Caltrans. The project mutually benefits the City and Caltrans as the area treated by the large trash capture device includes city and Caltrans right of way (ROW). The Arf Avenue project will be the second of two trash capture projects funded by Caltrans. The first was installed on Tennyson Road earlier this summer. The Arf Avenue project requires additional time and funds from Caltrans to meet the approval requirements by the Alameda County Flood Control and Water Conservation District.

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 the construction cost estimate for the Arf Avenue Trash Capture Project is more than $1,000,000, the CWA agreement will apply to this project.

CITY OF HAYWARD Printed on 9/7/2023Page 1 of 2
powered by Legistar™
File #:CONS 23-475

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/7/2023Page 2 of 2
powered by Legistar™

Page 1 of 7 ends

DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Schaaf & Wheeler for Engineering Design Services in the Amount of $120,000 for a Not-to-Exceed Amount of $320,000 to Complete the Arf Avenue Trash Capture Project No. 07746

The Arf Avenue project requires additional time and funds from Caltrans to meet the approval requirements by the Alameda County Flood Control and Water Conservation District.

Page 2 of 7 ends

BACKGROUND

The National Pollution Discharge Elimination System (NPDES) program was established in 1972 by the Federal Clean Water Act (CWA). The NPDES program was amended in 1986 to regulate stormwater runoff and established a permitting structure for municipal discharge to the waters of the state. From 1990 to 2009 each municipality in the Bay Area was regulated under countywide stormwater permits with individual requirements specific to each county. On October 14, 2009, the first regional stormwater permit, the Municipal Regional Permit (MRP), was adopted by the San Francisco Bay Regional Water Quality Control Board. The MRP regulated municipalities within the counties of Alameda, Contra Costa, Santa Clara, San Mateo as well as the cities of Fairfield, Suisun, and Vallejo and the Vallejo Sanitation and Flood Control District. Municipalities and local agencies included in the MRP are referred to as ‘Permittees’. The MRP is renewed about every five years and is currently on its third cycle (MRP 3.0).

Provision C.10 of the MRP includes the trash reduction requirements for Permittees to reduce all trash from stormwater systems to waters of the state by 90% by July 2023, and by 100% by July 2025.

On April 20, 20211, Council authorized a cooperative agreement with Caltrans to design and implement mutually beneficial trash reduction opportunities. The cooperative agreement allowed Caltrans to fund the design and installation of full trash capture devices.

The first device, located within the Tennyson Road/880 freeway interchange, was installed in July 2023.

In addition to the Tennyson Road project, the City currently has 629 small trash capture devices installed in storm drain catch basins and five large underground trash capture devices installed in storm drainpipes located at Tyrrell and Tennyson, Patrick Avenue and Cotter Way.

Altogether, the City currently has 90% credit for trash reduction, which meets the MRP deadline of July 2023.

Areas currently treated areas for trash using trash capture devices are highlighted in blue in Figure 1 below.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4916428&GUID=5A8A9657-693A-48B0-9D7F-7E207950AC98&Options=&Search=

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Figure 1. Areas of Trash Generation and Current Treatment

The yellow and pink highlighted areas are the remaining areas to treat for trash (yellow is medium generating trash areas and pink are high generating trash areas).

The MRP currently allows for trash reduction credits for product bans such as the City’s plastic bag and polystyrene bans. The MRP 3.0 removes the credits for product bans effective in 2025. The remaining credits for compliance will be achieved with the Arf Avenue trash capture device and addressing private landowners with direct connections to the City’s storm sewer where City-owned devices cannot treat the stormwater. On April 11, 20232, Council adopted amendments to the stormwater ordinance allowing staff to work with property owners to further reduce trash. Table 1 below shows staff’s plan to meet the mandate by 2025.

2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6124946&GUID=265D462B-7AAA-4BFA-87FD- AF3B6BA89FD1&Options=&Search=
High trash
Medium trash
Legend
Low trash
Treated areas

Page 4 of 7 ends

Table 1. Plan to Meet 100% Trash Reduction Requirement by 2025.

Year Compliance Action Credit

2011-2013 City enacted bans on polystyrene and plastic
bags 10%
2015-2020
200 small devices in catch basins, 2 large trash
capture devices (Tyrrell and Tennyson and
Patrick Avenue), 4 large screens in creeks
54%
2020-2022
429 small trash capture devices installed
throughout the City and large device installed on
Cotter Way
20%
2023 Large Trash Capture Project at Tennyson Road
(Collaboration with Caltrans) 6%
Total Reduction as of July 1, 2023 90%
2023-2025
Inspection program with increased enforcement
for private landowners who have direct
stormwater pipe connections that bypass City
treatment
16%
2024
Large Trash Capture Project at Arf Avenue
(Collaboration with Caltrans)

4%
2025 Credit for product bans discontinued per MRP

3.0 -10%
Total 100%

DISCUSSION

Like the City, Caltrans also has a mandate to eliminate trash from stormwater from rights- of-way. Similar to the City, Caltrans has a trash reduction plan, which includes installing trash capture devices to remove trash from stormwater flowing on their ROW. Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space needed for installation and the direction of stormwater flow along freeways. Caltrans and several cities have looked to collaborative projects to install trash capture devices downstream of Caltrans ROW, within city jurisdictions to capture trash in areas required to be treated for trash. A collaborative trash capture project between Hayward and Caltrans would help achieve stormwater compliance for both agencies and would include funding from Caltrans to help carry out Hayward’s plan for compliance.

After review of Hayward’s remaining areas to treat for trash and Caltrans ROW that overlaps with those areas, staff proposed, and Caltrans agreed to fund two projects that will benefit both agencies. Figure 2 below shows the two project areas.

Page 5 of 7 ends

Figure 2. Arf Avenue and Tennyson Road Trash Capture Project Areas with Caltrans

The Tennyson project was installed in July 2023. The remaining large trash capture device is proposed for Arf Avenue near Hesperian Boulevard. The City will receive approximately 10% trash reduction credit with these two projects. The Arf Avenue project needs additional engineering work to meet the Alameda County Flood Control’s requirements, which are intended to prevent flooding in the storm drainpipe. The engineering design services for Arf Avenue, to be provided by Schaaf & Wheeler.

Environmental Review
The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities) of the CEQA Guidelines.

ECONOMIC IMPACT

There will be some benefit to the local economy as installation of the Arf Avenue project will create short-duration construction jobs. Because the project exceeds $1 million, staff will complete a project labor agreement per City policy.

FISCAL IMPACT

Page 6 of 7 ends

The approximate areas treated and the original budget for each project is provided in Table 2 below.

Table 2. Budget and Area Treated for Arf Avenue and Tennyson Road Projects

Project Total Area
(acres)
Total
Caltrans
Area
(acres)
Credit for
MRP
Trash
Reduction
Estimated Cost
for device and
installation
Arf Avenue 446 35 5% $1,400,000
Tennyson Road 436 84 5% $1,400,000
Consultant Services $200,000
Total Cost (as of 2021) $3,000,000
Proposed Additional Consultant Services $120,000
Proposed New Total Cost $3,120,000

The budget and contract with Schaaf & Wheeler were approved by Council in summer of 2021. The additional design to meet Flood Control requirements placed the Arf Avenue project on hold while Tennyson Road was being constructed. The additional time, design, and cost for Arf Avenue has been incorporated into an amended implementation agreement, which has been approved by Caltrans. The engineering design services for Arf Avenue, to be provided by Schaaf & Wheeler, are estimated to not exceed $120,000. Council adoption of the attached resolution (Attachment II) would authorize the City Manager to amend the current agreement with Schaaf & Wheeler to incorporate the additional cost.

The City will be responsible for maintaining the Arf Avenue device including cleaning the device periodically as with the other trash capture devices the City owns. The annual cost to maintain each device is approximately $2,000. Maintenance of the devices will be paid for from the Stormwater Fund and will not impact the General Fund. The cooperative agreement with Caltrans states that Caltrans will fund the design and construction of the project including the cost of engineering services to be provided by Schaaf & Wheeler. Since Caltrans will fund the project and the consulting services, the cost of the project will not impact the City’s funds. In addition to the maintenance, the City’s financial contribution includes staff time associated with management of the design and installation of the devices.

STRATEGIC ROADMAP

This agenda item does not relate to a specific project identified in the Council-adopted Strategic Roadmap, but it supports the priority of Invest in Infrastructure.

SUSTAINABILITY FEATURES

Preventing pollution including trash from entering the waters of the state will benefit aquatic ecosystems and the health of the San Francisco Bay.

Page 7 of 7 ends

PUBLIC CONTACT

No public contact has been made regarding this agenda item. Public notices will be released prior to construction for the neighboring communities and businesses surrounding the project areas. Public notices will address any transportation or other modifications needed during construction to assist to public services.

NEXT STEPS

If Council approves, staff will amend the agreement with Schaaf & Wheeler and complete the design of the Arf Avenue trash capture device. Staff will work with the consultant to finalize the device design, acquire all permits and approvals for the project, and install the device on Arf Avenue by July 2024.

Prepared by: Elisa Wilfong, Water Pollution Control Administrator Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 2 ends

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A N

AMENDMENT TO THE AGREEMENT WITH SCHAAF & WHEELER FOR

ENGINEERING DESIGN SERVICES INCREASING THE AGREEMENT BY $120,000 FOR A NOT -TO-EXCEED AMOUNT OF $320,000 FOR THE ARF AVENUE TRASH CAPTURE PROJECT NO. 07746
WHEREAS, the Municipal Regional Permit (MRP), adopted by the San Francisco Bay Regional Water Quality Control Board (Water Board) on May 11, 2022 , requires 100% removal of trash from the stormwater system by the year 2025; and WHEREAS, the City has achieved 90% removal of trash and submitted to the Water Board a plan for compliance with the current MRP trash mandate; and WHEREAS, the Project will result in the installation of a large trash capture device on Arf Avenue to filter trash and debris from the upstream watershed; and WHERES, a watershed is defined as an area of land that drains all the streams and rainfall to a common outlet such as the outflow of a reservoir, mouth of a bay, or any point along a stream channel; and
WHEREAS, the Project is consistent with the City’s p lan for compliance with the current MRP trash mandate; and
WHEREAS, the State of California Department of Transportation (Caltrans) owns property that is in the watershed and storm water from it will flow into the Project; and WHEREAS, Caltrans and the C ity, pursuant to California Streets and Highways Code (SHC) Sections 114 and 130, have entered into a Cooperative Implementation Agreement for improvements to the State Highway System (SHS) as a watershed stakeholder within the City’s jurisdiction; and
WHEREAS, Caltrans has a willingness to contribute an amount not to exceed $750,000 to the City to construct the Arf Avenue project under the cooperative agreement between Caltrans and the City , within the regional area under the jurisdiction of the City to comply with their trash reduction mandate; and

ATTACHMENT II

Page 2 of 2 ends

WHEREAS, Schaaf & Wheeler and the City will amend the existing Professional Services Agreement for engineering services to design and manage the installation of the Arf Avenue Project with an additional cost not to exceed $120,000; and

WHEREAS, the Project will be completed by July 1, 202 4, to satisfy the Caltrans Cooperative Implementation Agreement funding schedule.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute an amendment with Schaaf & Wheeler in the amount of $120,000 , for engineering services for a total not-to-exceed amount of $320,000, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA September 12, 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 23-483
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Spencon Construction, Inc., in the Amount of $982,564.75 and Approving $150,000 in Administrative Construction Contingency for the FY23 Sidewalk Rehabilitation and Wheelchair Ramps Project No. 05303

RECOMMENDATION
That Council adopts the resolution (Attachment II) Authorizing the City Manager to award a construction contract to the low bidder Spencon Construction, Inc., (Spencon Construction) in the amount of $982,564.75 for the FY23 Sidewalk Rehabilitation and Wheelchair Ramps Project in Districts 6 and 9, Project No. 05303 and approve $150,000 in Administrative Construction Contingency (ACC).

SUMMARY
On June 20, 2023, the City received seven (7) bids for the project ranging from $982,564.75 to $1,711,364. Spencon Construction of San Ramon submitted the lowest bid of $982,564.75, which is 32% lower than the Engineer’s Estimate $1,450,000. Rosas Construction, Inc., of Oakland submitted the second lowest bid in the amount of $1,218,563 which is 16% lower than the Engineer’s Estimate. Staff is recommending that a construction contract be awarded to Spencon Construction in the amount of $982,564.75.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Districts Map
Attachment IV District 6 & 9 Site Map
Attachment V Wheelchair Ramp Site Map
CITY OF HAYWARD Printed on 9/7/2023Page 1 of 1
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DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Spencon Construction, Inc., in the Amount of $982,564.75 and Approving $150,000 in Administrative Construction Contingency for the FY23 Sidewalk Rehabilitation and Wheelchair Ramps Project No. 05303

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to award a construction contract to the low bidder Spencon Construction, Inc., (Spencon Construction) in the amount of $982,564.75 for the FY23 Sidewalk Rehabilitation and Wheelchair Ramps Project in Districts 6 and 9, Project No. 05303 and approving $150,000 in administrative construction contingency (ACC).

On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applied to City projects with construction costs of $1,000,000 or more. This 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 the construction cost estimate for the FY23 Sidewalk Rehabilitation Project is less than $1,000,000, the CWA agreement does not apply to this project.

BACKGROUND
When the Program was initiated, the City was divided into ten districts (Attachment III) to facilitate the selection of sidewalk areas for repairs during each year of a ten-year cycle.

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Although significant progress was made during that first cycle, funding was inadequate to complete all the necessary sidewalk repairs in all of the ten districts. Because there has been significant progress in addressing repair backlogs, recent projects have included two districts. This year, the work will be performed in Districts 6 and 9.

The Sidewalk Rehabilitation Program consists of two components, each performed under a separate construction contract. The first contract, which was started in May, removed tripping hazards from sidewalk displacements or offsets up to 1¾ inches. These hazards were removed by saw cutting or grinding each uplifted sidewalk panel across the width of the sidewalk to produce a smooth and uniform surface that meets Americans with Disabilities Act (ADA) slope requirements. Grinding or saw cutting up to 1¾ inches from a short segment of the typical 4” thick sidewalk section is less expensive and more cost effective than the removal and replacement of an entire sidewalk section.

The second component of the Sidewalk Rehabilitation Program, which is the subject of this report, removes and replaces, with new concrete, all sidewalk displacements exceeding 1¾ inches. Removal and replacement are necessary as grinding more than 1 ¾ inches would compromise the concrete. In addition, it includes the repair of offset or raised concrete curb and gutter, tree trimming, root pruning of existing trees, and planting of new trees. In order to minimize damage to City Street trees and evaluate the health of any trees that may be impacted by the project, the contractor is required to retain an arborist to examine each street tree adjacent to the work and inspect any root pruning that is part of the project.

DISCUSSION

This year’s Project will repair damaged sidewalks in the Tennyson Road South Area (District 6) and the Winton Grove Thelma Area (District 9) (Attachment IV). The project includes repair of approximately 12,000 square feet of damaged sidewalk, and curb and gutters, plus the installation of thirty new or upgraded wheelchair ramps in various locations, tree trimming, root pruning of existing trees and planting of new trees. As part of the project, the contractor will retain an arborist to examine the condition of existing trees and inspect all root-pruning work. Based on the preliminary inspection, staff anticipates removing twenty-eight trees and planting ninety-one new trees in various locations. New trees will be planted where street trees are absent, where an existing tree must be removed because of disease or it is in danger of falling, where a need for extensive root pruning may kill the tree, or where a more suitable tree species will minimize future maintenance efforts. Thirty new wheelchair ramps will also be installed or upgraded to bring wheelchair ramps into compliance with current ADA standards (Attachment V).

On June 20, 2023, seven (7) bids were received. The bids ranged from $982,564.75 to $1,711,364. The low bid was from Spencon Construction of San Ramon in the amount of $982,564.75 which is 32% lower than the Engineer’s Estimate $1,450,000. Rosas Brother Construction, Inc., submitted the second lowest bid of $1,218,563, which is 16% lower than the Engineer’s Estimate.

ACO funds and the low bid will allow staff to mark and repair more damaged sidewalks in both districts.

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All bid documents and licenses are in order. Staff recommends award of a construction contract to the lowest responsive bidder, Spencon Construction in the amount of $982,564.75.

This project is categorically exempt for environmental review under the California Environmental Quality Act, Section 15301(c) that covers the operation, repair, maintenance or minor alteration of existing streets, sidewalks, and gutters.

ECONOMIC IMPACT

The project will have a positive impact on the community as it provides safer and more accessible sidewalks and ramps for pedestrians. Dividing the City into ten districts allows staff to select and recommend districts to ensure equitable distribution of this service to all City residents and businesses.

FISCAL IMPACT

The FY23 Capital Improvement Program (CIP) includes $1,800,000 for the Sidewalk Rehabilitation Project where $1,000,000 is from Street System Improvements Fund (Fund 450) and $800,000 in Measure BB Local Transportation (Fund 216). Reimbursement from property owners for the sidewalk rehabilitation is estimated to be approximately $150,000.

The estimated project costs are as follows:

Contract Construction $982,564
Trip Hazard Removal (under a separate contract) $60,000 Design and Administration $150,000
Construction Survey, Inspection, and Testing $150,000
Administrative Change Orders $150,000
TOTAL $1,492,564

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap.

SUSTAINABILITY FEATURES

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This project requires that all material generated during construction and demolition be sent to designated facilities for recycling. Recycled Portland Cement Concrete will be required for use as aggregate base for the concrete curb, gutter, and sidewalk. The improvements made to the sidewalks will encourage the public to walk more as opposed to driving their vehicles. This reduces both carbon emissions and carbon footprints, which is beneficial for the environment.

PUBLIC CONTACT

Owners of the affected properties have received certified letters regarding the program along with a response form to return to the City indicating their choice to complete the repairs themselves, pay the $550 fee for single-family homes or cover the cost of actual repair costs for commercial and investment properties that the City contractor will complete. Property owners have the option of paying the fee in one lump sum or in twelve monthly payments.

The response form also includes a list of trees that an owner can choose from for a replacement tree. Before construction commences, a second notice will be sent to all property owners who did not respond to the first notice to assure they are aware of the program.

NEXT STEPS

The estimated schedule for this project is as follows:

Begin Construction October 16, 2023
Complete Construction February 06, 2023

Prepared by: Mir Ali, Assistant Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member __________
RESOLUTION A WARDING THE FY23 SIDEWALK REHABILITATION AND WHEELCHAIR RAMPS PROJECT NO. 05303, CONSTRUCTION CONTRACT TO

SPENCON CONSRUCTION
WHEREAS, by resolution on May 16, 2023, the City Council approved the plans and specifications for the FY23 Sidewalk Rehabilitation Project No. 05303 and called for bids to be received on June 20, 2023; and
WHEREAS, on June 20, 2023, (7) seven bids were received ranging from $982,564.75 to $1,711,364: Spencon Construction, Inc., of San Ramon , California, submitted the lowest bid in the amount of $ 982,564.75, which is 32% lower than the Engineer’s Estimate of $1,450,000; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Spencon Construction, Inc., is the lowest responsible bidder whose bid complies with the specifications and is hereby awarded the construction contract for the FY23 S idewalk Rehabilitation Project No. 053 03, in the amount of $ 982,564.75 in accordance with the aforementioned plans and specifications on file in the Office of the City Clerk of the City of Hayward. All other bids are hereby rejected.

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that the Director of Public Works is authorized to expend up to $ 1,800,000 for project design, construction, project administration, and contingency costs to complete the project.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with Spencon Construction, Inc., in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

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 IV

ATTACHMENT V

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-491
DATE: September 12, 2023
TO: Mayor and City Council
FROM: City Manager
Acting Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a 10-Year Agreement With Axon Enterprises, Inc. for the Purchase of the Axon Officer Safety Plan 10 Premium Bundle in an Amount Not-to-Exceed $11.5 Million, Appropriating $300,000 into CIP Project 07418 from Fund 405 Fund Balance, and Transferring $190,927.49 from Fund 730 to Fund 405

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute a 10-year agreement with Axon Enterprises, Inc for the purchase of the Axon Officer Safety Plan 10 Premium Bundle in an amount not-to-exceed $11.5 million.

The attached resolution would also appropriate $300,000 into Capital Improvement Project 07418 - Integrated Cameras and Equipment from Fund 405 Fund Balance, and transfer $190,927.49 from the Information Technology Operating Budget (Fund 730) into Capital Improvement Project 07418 (Fund 405).

SUMMARY
The Hayward Police Department currently contracts with Axon for the use of several Axon products, including Body Worn Cameras, Evidence.com, and TASER products, all of which are essential to operations within the police department.

In a continuing effort to broaden transparency, mitigate liability, advance investigative capabilities, and improve crime solvability, the Hayward Police Department is recommending entering into a new agreement with Axon, to not only keep staff equipped with the latest Body Worn Cameras and TASERs, but to include other features that come with the Axon Officer Safety Plan 10 bundle, which include auto transcribing functions, redaction assistant, AXON Performance, virtual reality training aids and other accountability tools.

In late 2022, Axon notified the HPD that they would be transitioning towards an all-inclusive subscription -based business model under one agreement, as opposed to having separate agreements for each piece of Axon equipment purchased. It is more cost-effective to keep the Fleet 3, jail van, and interview room CITY OF HAYWARD Printed on 9/7/2023Page 1 of 2
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File #:CONS 23-491
agreements with Axon in place until their expiration so the bundling of HPD’s current products into one agreement will occur when previously executed agreements end. The HPD recommends entering into the bundled, subscription-based agreement, as more fully described in this staff report.

Notably, Axon is the sole source vendor for products included with this agreement.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/7/2023Page 2 of 2
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DATE: September 12, 2023

TO: Mayor and City Council

FROM: City Manager
Acting Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a 10-Year Agreement With Axon Enterprises, Inc. For the Purchase of the Axon Officer Safety Plan 10 Premium Bundle in an Amount Not-To-Exceed $11.5 Million, Appropriating $300,000 into CIP Project 07418 from Fund 405 Fund Balance, and Transferring $190,927.49 from Fund 730 to Fund 405

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute a 10-year agreement with Axon Enterprises, Inc for the purchase of the Axon Officer Safety Plan 10 Premium Bundle in an amount not-to-exceed $11.5 million.

The attached resolution would also appropriate $300,000 into Capital Improvement Project 07418 – Integrated Cameras and Equipment from Fund 405 Fund Balance, and transfer $190,927.49 from the Information Technology Operating Budget (Fund 730) into Capital Improvement Project 07418 (Fund 405).

SUMMARY

The Hayward Police Department currently contracts with Axon for the use of several Axon products, including Body Worn Cameras, Evidence.com, and TASER products, all of which are essential to operations within the police department.

In late 2022, Axon notified the HPD that they would be transitioning their newest and future TASER distributions towards an all-inclusive subscription-based business model. Starting

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with their TASER 10, these upgraded devices will only be available under one of their Officer Safety Plans, which could effectively umbrella all Axon products and services under one agreement, as opposed to having separate agreements for each service or piece of Axon equipment purchase. It is more cost-effective to keep the Fleet 3, jail van, and interview room agreements with Axon in place until their expiration so the bundling of HPD’s current products into one agreement will occur when previously executed agreements end. The HPD recommends entering into the bundled, subscription-based agreement, as more fully described in this staff report.

Notably, Axon is the sole source vendor for products included with this agreement.

BACKGROUND AND DISCUSSION

The City of Hayward currently contracts with Axon Enterprise, Inc. to provide the Hayward Police Department’s body-worn cameras (BWCs), Fleet 3 in-car vehicle camera systems, and interview room cameras. The City currently maintains four (4) separate agreements with Axon Enterprise, Inc. for these services. Additionally, the Hayward Police Department also utilizes Axon’s TASER products which, until recently, were only available through a third- party distributor. In late 2022, Axon notified the Hayward Police Department that they would be transitioning away from third-party vendors and moving towards an all-inclusive subscription-based business model. There are no other products like Axon’s on the market therefore Axon Enterprises, Inc. is a sole source vendor for products included in these agreements.

This new agreement with Axon Enterprise, Inc. will bundle the existing agreement for Body- Worn Cameras and Evidence.com into the Officer Safety Plan (which will include TASER related purchases) into one ten-year (10-year) subscription-based agreement (OSP10) and will eventually combine all Axon agreements into one starting in fiscal year 2029 when the Fleet 3 Jail Van and Interview Room contracts expire. It would also allow the Hayward Police Department to plan for and upgrade all Axon equipment and software as new technologies emerge, replace outdated equipment, and add significant functionality over current systems.

Bundling these agreements into a subscription-based business model allows the Department to better manage the services provided by Axon Enterprise, Inc., update the City’s existing equipment, extend the service terms, and consolidate and better project costs.

An important aspect of the proposed contract is the included evidentiary hardware and software upgrades, and accountability tools that record and store data from the TASERs and video from all three camera systems (BWC, Fleet 3, and Interview). This software has built-in auditing and accountability tools. These tools ensure that supervisors routinely audit in an objective manner how and when their officers record video, use their TASERs, or even draw their weapons. Additionally, it transcribes audio from the video feeds that is critical both in routine police investigations and when there are allegations of employee misconduct. The transcription software allows investigators to instantly perform keyword searches to find the specific use of a word in the video. As it is now, such an investigation would involve hours of work to manually review footage. The included software streamlines work and acts as a service multiplier.

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The payment schedule below reflects both the individual and consolidated costs for all current and proposed agreements with Axon Enterprises, Inc.:

Fiscal
Year OSP10 Fleet 3 Patrol
Fleet 3
Jail Van
Interview
Room
10%
Contingency Total
2024 $1,279,141.39 $157,103.51 $3,180.29 $10,567.54 $144,999.27 $1,594,992 2025 $693,633.45 $157,103.51 $3,180.34 $10,567.54 $86,448.48 $950,933.32 2026 $721,378.77 $157,103.51 $3,180.34 $10,567.54 $89,223.02 $981,453.18 2027 $750,233.96 $157,103.51 $3,180.34 $10,567.54 $92,108.54 $1,013,193.89 2028 $780,243.30 $157,103.51 $3,180.34 $10,567.54 $95,109.47 $1,046,204.16 2029 $811,453.00 $127,099.54 $2,227.35 $7,822.79 $94,860.27 $1,043,462.95 2030* $843,911.18 $132,183.52 $0.00 $0.00 $97,609.47 $1,073,704.17 2031 $877,667.60 $137,470.86 $2,316.43 $8,135.70 $102,559.06 $1,128,149.65 2032 $912,774.30 $142,969.70 $2,409.09 $8,461.13 $106,661.42 $1,173,275.64 2033 $949,285.37 $148,688.48 $2,505.45 $8,799.58 $110,927.89 $1,220,206.77 Total $8,619,722.32 $1,473,929.65 $25,359.97 $86,056.90 $1,020,506.88 $11,225,575.72 *There are no payments due for the jail van or interview room in FY 2030 due to the timeline on the payment schedule

The FY 2024 cost of the Axon OSP10 contract is higher than the remaining years in the agreement due to the one-time cost of the hardware. Due to the one-time expense, staff is requesting an additional appropriation of $300,000 into the General Capital Fund (Fund 405) CIP budget for project 07418 – Integrated Cameras and Equipment. This additional appropriation will fund the payments for all current and proposed agreements with Axon Enterprises, Inc in FY 2024.

Community Engagement Efforts
As part of HPD’s ongoing efforts to be transparent, provide information, and engage community dialogue, the planned proposal was presented to the Community Advisory Panel (CAP) on January 30, 2023. At that time, we discussed the benefits of the accountability tools that are included in the subscription-based model, and there were no objections or concerns expressed by any of the CAP members.

STRATEGIC ROADMAP

While this agenda item does not directly support one of the 27 enumerated projects in the Strategic Roadmap, the implementation of the Axon OSP10 Body Worn Camera contract would further the Strategic Priority of Enhancing Community Safety and Quality of Life through its enhanced investigative abilities as well as the transparency and accountability tools included in the package.

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FISCAL IMPACT

Staff recommends funding the agreement with Axon through the Capital Improvement Project (CIP) 07418 – Integrated Cameras and Equipment (Fund 405 – General Capital Fund). In FY 2024, the available budget for CIP project 07418 is $1.11 million. In addition to the available budget for the CIP Integrated Cameras and Equipment (07418) project, funding for Body- Worn Cameras and Evidence.com is included in the Information Technology Operating Budget (Fund 730) annually in the amount of $190,927.49. The Axon OSP10 agreement includes Body-Worn Cameras and digital evidence storage. Since the Information Technology Department would no longer be required to fund this equipment and software, staff recommends that the appropriated budget of $190,927.49 be reallocated and transferred from the Information Technology (Fund 730) operating budget to project 07418 (Fund 405 – General Capital Fund) to offset the annual cost of the agreement with Axon.

To ensure adequate funding for FY 2024, an increase of $300,000 in budget appropriation to CIP Project 07418 from the General Capital Fund Balance (Fund 405) will be required to fully fund the first year of the agreement with Axon.

10-Year Fiscal Impact of Agreement with Axon:

The Hayward Police Department submitted a 10-year CIP budget for project 07418 (Fund 405 – General Capital Fund) and the total funding requested over the 10-year period is $8,930,000. Combining all current and proposed agreements with Axon Enterprises, Inc., the total funding requested over a 10-year period plus a 10% contingency will be $11,225,575.72.

If the 10-year funding request for CIP project 07418 is considered, the remaining funding required over a 10-year period for all Axon agreements is $2,295,575.72. With the offset of the current body-worn cameras and digital evidence storage system agreement currently funded in the Information Technology operating budget (Fund 730), the remaining additional funding required over a 10-year period is $386,305.72. Rounding up for Police Department CIP appropriation consistency, the estimated additional appropriation requests over a 10- year period will be $390,000.

Therefore, the additional fiscal impact on the General Fund for all current and proposed Axon agreements would be an average of $39,000 per fiscal year, funded by the Police Department’s CIP project 07418 budget (Fund 405 – General Capital Fund). The increased funding will be requested during the annual CIP budget process based on the needs for the upcoming fiscal year, and should not exceed $390,000 over a 10-year period.

While there is a small additional fiscal impact to the General Fund, these agreements broaden transparency, mitigate liability, advance investigative capabilities, and improve crime solvability thereby enhancing community safety and quality of life.

The table below provides a summary of the annual fiscal impact of the agreement with Axon.

To meet the annual cost of the agreement with Axon, staff will request the following additional appropriations for FY 2025-2033 in CIP project 07418 (Fund 405 – General Capital Fund) during the annual CIP budget process:

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Fiscal
Year
Additional
Appropriation Needed
(Fund 405)
Funding from IT
Operating Budget
(Fund 730)
Actual Net
Fiscal Impact
Estimated Additional
CIP Appropriation
2024 $484,992 $190,927 $294,065 $300,000
2025 $150,934 $190,927 -$39,993 $0
2026 $176,454 $190,927 -$14,473 $0
2027 $188,194 $190,927 -$2,733 $0
2028 $201,205 $190,927 $10,278 $0
2029 $178,463 $190,927 -$12,464 $0
2030 $188,705 $190,927 -$2,222 $0
2031 $218,150 $190,927 $27,223 $0
2032 $243,276 $190,927 $52,349 $15,000
2033 $265,207 $190,927 $74,280 $75,000
Total $2,295,580 $1,909,270 $386,310 $390,000

NEXT STEPS

If Council adopts this resolution, staff will enter into a ten-year purchase/service agreement with Axon Enterprises, Inc. for the purchase of the Axon Officer Safety Plan 10 Premium (OSP10) with Auto Transcribe, Redaction Assistant, AXON Performance, Virtual Reality Training Aids, and more in an amount not-to-exceed $9.7 Million.

Staff will also continue to contract with Axon Enterprises, Inc. for the Fleet 3 cameras in patrol vehicles and the jail van, and the cameras in the interview room.

The total for all Axon Enterprises, Inc. agreements will be in a not-to-exceed amount of $11.5 million over a 10-year period.

Prepared by: Dan Olsen, Police Captain
Laura Gomez, Senior Management Analyst

Recommended by: Bryan Matthews, Acting Chief of Police

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 10 -YEAR AGREEMENT WITH AXON ENTERPRISES, INC. FO R THE PURCHASE OF TH E AXON OFFICER SAFETY PLAN 10 PREMIUM BUNDLE IN AN AMOUNT NOT-TO- EXCEED $1 1.5 MILLION APPROPRIATE $3 00,000 INTO CIP PROJECT 07418, AND TRANSFER $190,927.49 FROM FUND 730 TO FUND 405
WHEREAS, the City of Hayward contracts with Axon Enterprises, Inc. for body-worn cameras, digital evidence storage, Fleet 3 cameras in patrol vehicles and the jail van, and interview room cameras; and
WHEREAS, the City of Hayward intends to contract with Axon Enterprises, Inc. for the purchase of Axon Officer Safety Plan 10 Premium (OSP10); and WHEREAS, the OSP10 broadens transparency, mitigates liability, advances investigative capabilities, and improves crime solvability; and
WHEREAS, Axon Enterprises, Inc. is a sole source vendor; and WHEREAS, the Hayward Police Department’s intends to fund this purchase through the Capital Improvement Project 07418 – Integrated Cameras and Equipment; and WHEREAS, year one of the OSP10 agreement includes a one -time hardware cost requiring an additional appropriation of $3 00,000 into the General Capital Fund (Fund 405) for CIP project 07418; and
WHEREAS, the City of Hayward’s Information Technology Operating Budget currently funds the body-worn camera and digital evidence storage contract; and WHEREAS, the OSP 10 includes body-worn cameras and digital evidence storage so staff requests a transfer of $190, 927.49 from the Information Technology Operating Budget (Fund 730) into General Capital Fund (Fund 405) CIP project 07418; and WHEREAS, the OSP10 agreement is not-to-exceed $9.7 million and all agreements with Axon Enterprises, Inc. are not to exceed $11.5 million over a 10-year period.

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute an agreement with Axon Enterprises, Inc. for the purchase of the Axon Officer Safety Plan 10 Premium (OSP10) in an amount not-to-exceed $9.7 million and not-to-exceed $11.5 million for all agreements with Axon Enterprises, Inc.

FURTHER BE IS RESOLVED, that by the City Council of the City of Hayward hereby approves and amends the FY 2024 Operating and Capital Budget resolutions to appropriate $300,000 into the General Capital Fund (Fund 405) for Capital Improvement Project 07418 – Integrated Cameras and Equipment, and authorize the transfer $190,927.49 from the Information Technology Operating Budget (Fund 730) into the General Capital Fund for Capital Improvement Project 07418.

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 #: WS 23-036
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Residential Design Standards: Draft Regulations for the Hayward Residential Design Study

RECOMMENDATION
That the Council provides feedback on the draft regulations for the Hayward Residential Design Study.

Residential Natural Preservation (RNP); Low Density Residential (RL, previously referred to as “RS” or “Single Family Residential”); Medium Density Residential (RM); and High Density Residential (RH). Within this section are new standards and revisions related to building types, setbacks, heights, lot coverage, design standards, and open space. The revised standards are aimed at facilitating new development up to the maximum allowed densities set forth in the Hayward 2040 General Plan while promoting visually attractive development that is aligned with community priorities. The new consolidated Residential District is included in its entirety as Attachment II.
· Additional changes to Chapter 10, Article 1, Zoning Ordinance. In addition to the consolidated Residential District section, further updates were made to Chapter 10, Article 1 of the Hayward Municipal Code to remove subjective standards related to residential development, align with recent State housing legislation, and complete simple “clean up” updates required by the City’s Housing Element. Revisions to the Zoning Ordinance are provided in redline in Attachment III. · Chapter 10, Article 2, Parking Regulations. The proposed updates include changes to the Off- Street Parking Regulations which are aimed at addressing community concerns, introducing new Transportation Demand Management and unbundled parking policies, and ensuring that CITY OF HAYWARD Printed on 9/7/2023Page 1 of 3
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File #:WS 23-036
Transportation Demand Management and unbundled parking policies, and ensuring that standards align with State Law. There are also “clean up” revisions to correct terminology for consistency, remove redundancies, and consolidate all residential parking standards in this Article. Revisions to the Off-Street Parking Regulations are provided in redline in Attachment IV. · Zoning Map Amendments. The Hayward 2040 General Plan and Zoning Ordinance shape and regulate development throughout the City. Under California State law, the Zoning Ordinance shall be internally consistent and compatible with the City’s adopted General Plan. Furthermore, if inconsistencies exist, residential development is required to fully comply with the General Plan. Of the 20,791 RL zoned parcels in the city, 857 of those parcels have General Plan land use designations that require a greater density than is currently allowed by the RL District. To remedy these inconsistencies, two changes are proposed. First, all residentially zoned parcels will default to their underlying General Plan land use designations to determine the applicable density range.

Second, as identified in Attachment V, 49 parcels are proposed to be rezoned where defaulting to the density allowed by the underlying General Plan land use designation is not sufficient to address the inconsistency.

At the August 24 Planning Commission work session, staff received the following specific feedback on the draft standards:
· The Commission generally supported the updated development standards as proposed. However, they suggested the façade design standards use a point system rather than a menu of options to allow for the options to be weighted differently. They also suggested staff consider further reducing the front yard setback for RH zoned properties. · The Commission supported adding some of the design standards for the Residential Districts to the Mission Boulevard Code, including a point system for façade design. · The Commission applauded the point system for open space amenities but recommended minor adjustments, including reducing point values for pools and amphitheaters, increasing the number of lower point options, and re-weighting options based on frequency of use (i.e. basketball courts are more likely to be used daily than amphitheaters).
· The Commission unanimously recommended that staff develop standards to streamline the development review process for small lot detached residential subdivisions. · The Commission supported the idea of Transportation Demand Management measures, but recommended expanding the measures to incentivize ride-share services, shuttle services, services aimed at larger households, and other alternative modes of transportation. Additionally, they wanted staff to explore converting the proposed TDM table into a point system and/or restricting eligibility for the TDM reductions to certain transit-rich areas of the city. · The Commission supported establishing reduced parking ratios for senior and special needs housing, understanding these populations have less parking demand than other types of housing.

At this work session, staff is requesting specific feedback from the Council on the following questions:
· Does the Council support the updated development standards being proposed? · Does the Council support the recommendations proposed by the Planning Commission at the CITY OF HAYWARD Printed on 9/7/2023Page 2 of 3
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File #:WS 23-036
August 24 Work Session?

ATTACHMENTS
Attachment I Staff Report
Attachment II Proposed HMC Section 10-1.200, Residential Districts Attachment III Additional Revisions to HMC Chapter 10, Article 1, Zoning Ordinance (redline) Attachment IV Revisions to HMC Chapter 10, Article 2, Off-Street Parking Regulations (redline) Attachment V List of Parcels Proposed to be Rezoned
Attachment VI Map of Parcels Proposed to be Rezoned
CITY OF HAYWARD Printed on 9/7/2023Page 3 of 3
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DATE: September 12, 2023
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT: Residential Design Standards: Draft Regulations for the Hayward Residential Design Study

RECOMMENDATION
That the Council provides feedback on the draft regulations for the Hayward Residential Design Study.

SUMMARY
The Hayward Residential Design Study is a long-range planning project that will result in the development of objective residential design standards as well as zoning amendments that ensure General Plan and Zoning Ordinance consistency. At this work session , staff is requesting Council’s feedback on the following proposed revisions to the Hayward Municipal Code:
 Consolidated Residential District Section. Sections 10-1.200 through 10-1.5001 of the Municipal Code have been consolidated into a single section governing the four residential zoning districts: Residential Natural Preservation (RNP), Low Density Residential (RL, previously referred to as “RS” or “Single Family Residential”), Medium Density Residential (RM), and High Density Residential (RH). Within this section are new standards and revisions related to building types, setbacks, heights, lot coverage, design standards, and open space. The revised standards are aimed at facilitating new development up to the maximum allowed densities set in the Hayward 2040 General 1 HMC Section 10-1.200, Single-Family Residential District (RS):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.200SIMIREDIRS
HMC Section 10-1.300, Residential Natural Preserve District (RNP):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.300RENAPRDIRN
HMC Section 10-1.400, Medium Density Residential District (RM):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.400MEDEREDIRM
HMC Section 10-1.500, High Density Residential District (RH):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.500HIDEREDIRH

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Plan while promoting visually attractive development that is aligned with community priorities. The new consolidated Residential District is included in its entirety as Attachment II.

 Additional changes to Chapter 10, Article 1, Zoning Ordinance. In addition to the consolidated Residential District section, further updates were made to Chapter 10, Article 1 of the Hayward Municipal Code to remove subjective standards related to residential development, align with recent State housing legislation, and complete simple “clean up” updates required by the City’s Housing Element. Revisions to the Zoning Ordinance are provided in redline in Attachment III.

 Chapter 10, Article 2, Parking Regulations. The proposed updates include changes to the Off-Street Parking Regulations2 which are aimed at addressing community concerns, introducing new Transportation Demand Management and unbundled parking policies, and ensuring that standards align with State Law. There are also “clean up” revisions to correct termin ology for consistency, remove redundancies and consolidate all residential parking standards in this Article. Revisions to the Off-Street Parking Regulations are provided in redline in Attachment IV.

 Zoning Map Amendments. The Hayward 2040 General Plan and Zoning Ordinance shape and regulate development throughout the City. Under California State law, the Zoning Ordinance shall be internally consistent and compatible with the City’s adopted General Plan. Furthermore, if inconsistencies exist, residential development is required to fully comply with the General Plan. Of the 20,791 RL zoned parcels in the city, 857 of those parcels have General Plan land use designations that require a greater density than is currently allowed by the RL District. To remedy these inconsistencies, two changes are proposed. First, all residentially zoned parcels will default to their underlying General Plan land use designations to determine the applicable density range. Second, as identified in Attachment V, 49 parcels are pr oposed to be rezoned where defaulting to the density allowed by the underlying General Plan land use designation is not sufficient to address the inconsistency.

At the August 24 th Planning Commission work session, staff received the following specific feedback on the draft standards:

 The Commission generally supported the updated development standards as proposed.

However, they suggested the façade design standards use a point system rather than a menu of options to allow for the options to be weighted differently. They also suggested staff consider further reducing the front yard setback for RH zoned properties.  The Commission supported adding some of the design standards for the Residential Districts to the Mission Boulevard Code, including a point system for façade design.  The Commission applauded the point system for open space amenities but recommended minor adjustments, including reducing point values for pools and

2 HMC Chapter 10, Article 2, Off-Street Parking Regulations:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART2OREPARE

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amphitheaters, increasing the number of lower point options, and re-weighting options based on frequency of use (i.e. basketball courts are more likely to be used daily than amphitheaters).
 The Commission unanimously recommended that staff develop standards to streamline the development review process for small lot detached residential subdivisions.  The Commission supported the idea of Transportation Demand Management measures, but recommended expanding the measures to incentivize ride-share services, shuttle services, services aimed at larger households, and other alternative modes of transportation. Additionally, they wanted staff to explore converting the proposed TDM table into a point system and/or restricting eligibility for the TDM reductions to certain transit-rich areas of the city.
 The Commission supported establishing reduced parking ratios for senior and special needs housing, understanding these populations have less parking demand than other types of housing.

At this work session, staff is requesting specific feedback from the Council on the following questions:

 Does the Council support the updated development standards being proposed?  Does the Council support the recommendations proposed by the Planning Commission at the August 24th Work Session?

BACKGROUND

Summary of State Legislation. In response to California’s housing crisis, the State legislature has passed several laws removing barriers for residential development, protecting existing housing inventory, and expediting permit processing. These laws include Senate Bill 9 (SB 9), Senate Bill 35 (SB 35), and Senate Bill 330 (SB 330).

Under these State laws, residential development must be approved if the project meets all objective development and design standards and is consistent with the City’s Zoning Ordinance and General Plan. Objective standards are defined as standards that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available to and knowable by both the development applicant or proponent and the public official before submittal.” In other words, an objective standard must be written in such a way that anyone reading it would have the same understanding as to what the standard requires. The draft regulations described later in the report were crafted to ensure their objectivity and align with State law.

Project Overview. In 2019, the City of Hayward was awarded a n SB 2 Planning Grant by the California Department of Housing and Community Development (HCD) for various housing projects, including the Hayward Residential Design Study. The Hayward Residential Design Study is an update to the City’s zoning regulations to support the development of quality housing while ensuring that the City’s residential standards are “objective” by including measurable, enforceable, and understandable parameters . In addition, t he Study aims to

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resolve inconsistencies between the General Plan, Zoning Ordinance, and other portions of the Municipal Code to eliminate ambiguity that may pose as a barrier to residen tial development.

Kickoff Meeting Joint Session . On February 1, 2022, 3 the Council and Planning Commission held a joint work session to provide initial guidance and feedback on the Hayward Residential Design Study. The Council and Commission provided significant feedback during this session, including that new standards should address building massing, height and setback standards, frontage treatments including landscaping, aesthetics, relationship to existing development, and the development of “missing middle” housing.4

Initial Public Outreach. To date, outreach efforts for the Hayward Residential Design Study have included an online community survey, an online interactive mapping tool, in -person “walkshops” (walking workshops) and various in -person community events. These efforts were promoted through the City’s e -newsletter, social media platforms, Permit Center, libraries, and community -based organizations. The community survey and promotional materials were provided in Spanish, Mandarin, and English.

Through these efforts, staff has gathered both quantitative and qualitative data that has been used to inform the development of the draft standards and zoning amendments attached to this staff report . Key findings from the outreach include a range of community priorities, including allowing for a variety of architectural styles, avoiding “bulky” buildings, creating a relationship between buildings and the street, ensuring well designed landscaping and open space areas, consideration of an existing neighborhood ’s design characteristics, and development of strategies to reduce on-street parking demand. A full summary and analysis of public outreach conducted to date is available on the City’s website.5

Informational Reports . On October 11, 2022 6 and October 27, 2022, 7 the City Council and Planning Commission respectively, received Informational Report s from staff providing a status update on the Hayward Residential Design Study. The Reports and their attachments provided a detailed overview of community outreach conducted to date, a project vision statement and objectives, and background information related to relevant State legislation, including a summary of the City’s current regulations for residential development and best practices from surrounding communities . As th ese items w ere informational only , n o discussions were held, or actions taken.

3 Joint Session of City Council and Planning Commission, February 1, 2022:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5397460&GUID=B175606F-4591-4D2E-B41A-328BD292B038 4 The term “Missing Middle Housing” was originally coined by Daniel Parolek of Opticos Design to refer to small scale multi-unit residential development that is naturally more walkable and affordable than traditional detached residential subdivisions. More information about Missing Middle Housing can be found here: https://missingmiddlehousing.com/about/. 5 Project Webpage on City of Hayward Website:
https://www.hayward-ca.gov/your-government/departments/planning-division/residential-design-study 6 Informational Report to the City Council, October 11, 2022:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5866918&GUID=894C7C53-DC5C-4221-B088-0EBF8B2AEA96 7 Informational Report to the Planning Commission, October 27, 2022:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5892998&GUID=7857C30F-1A87-4B4B-9E5E-A8B0339C69FF

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Parking Analysis. On January 24, 20238 and February 9, 20239, the City Council and Planning Commission respectively, held work sessions to provide feedback on the proposed Parking Analysis and Recommendations Report associated with the Hayward Residential Design Study.

The Council and Commission provided clear guidance during these sessions, including to maintain parking requirements along Mission Boulevard and further consider Transportation Demand Management (TDM) strategies and the unbundling of parking.

Options and Recommendations Report. On April 13, 202310 and April 18, 202311 , the Planning Commission and City Council respectively, held work sessions to provide feedback on the Options and Recommendations Report associated with the Hayward Residential Design Study.

Comments and recommendations from the Council and Planning Commissions are summarized below:

 Increased building heights are acceptable if necessary to allow for the maximum densities permitted by the General Plan;
 Employ a menu of options or a points system for design features rather than being overly prescriptive and use specific numbers and percentages for these design features where possible;
 Minimize “boxy” building styles;
 Consider specific standards that distinguish the ground floor, middle, and top of buildings;
 Require stepped back upper floors, including for detached residential units;  Allow for a diversity of design styles;
 Ensure high quality open spaces that are located outside of required setback areas;  Incentivize pet relief areas, dog parks, and dog runs in multi-unit development;  Incentivize or require, where possible, pedestrian and bicycle connections; and  Consider standards regarding mailbox design , building entrances, and lighting to enhance security.

Stakeholder Interviews. During spring of this year, the project team held interviews with various stakeholders to gather feedback on the recommendations outlined within the Options and Recommendations Report. The stakeholders included market-rate and affordable housing developers, architects, community and housing advocates, neighborhood group representatives and other “walkshop” attendees. The stakeholders expressed support for building height increases, upper story massing requirements, a variety of facade treatments

8 Work Session of the City Council, January 24, 2023: https://hayward.legistar.com/MeetingDetail.aspx?ID=1067802&GUID=1C292A3B-F528- 43B6-BE57-6258FAD071AF&Options=info|&Search=
9 Work Session of the Planning Commission, February 9, 2023:
https://hayward.legistar.com/MeetingDetail.aspx?ID=1079506&GUID=73806132-61F2-40A7-ABB7-FE0E8074DF34&Options=info|&Search= 10 Work Session of the Planning Commission, April 13, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6124459&GUID=9247590B-5A20-47F4-9149-33DE135F8263&Options=&Search= 11 Work Session of the City Council, April 18, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6171585&GUID=D0718FF2-DDC8-4949-9F0C-6FD5FA838B2F&Options=&Search=

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and open space amenity requirements. A comprehensive summary of all stakeholder feedback is available on the project website12.

Planning Commission Work Session on Draft Regulations. On August 24, 2023,13 staff presented the draft regulations and amendments contained in Attachments II through VI of this agenda item at a work session of the Planning Commission. A summary of the Commission’s feedback on the draft regulations is provided in the Discussion section below.

DISCUSSION

The proposed revisions to the Hayward Municipal Code consist of changes to Chapter 10, Article 1, Zoning Ordinance,14 including a new, consolidated section for the residential zoning districts, and revisions to Chapter 10, Article 2, Off-Street Parking Regulations. In addition, changes to the Zoning Map are proposed to ensure consistency between the Hayward 2040 General Plan and the Zoning Ordinance. The proposed revisions are discussed in detail below.

Consolidated Residential District Section. For the purposes of clarity and easier navigation, Sections 10-1.200 through 10-1.500 of the Municipal Code are proposed to be consolidated into a single section governing the four residential zoning districts: Residential Natural Preservation (RNP), Low Density Residential (RL , previously referred to as “RS” and “Single Family Residential”), Medium Density Residential (RM), and High Density Residential (RH). This consolidation is consistent with other recent updates adopted by the city, including the Industrial District. Within the new Residential District section , some of the proposed development standards, such as building setbacks, are established by zoning district while other proposed standards, such as façade design, are set by building type. This ensures that development within each zoning district maintains a similar scale, while allowing for different design requirements for different building types.

 Building Types. In the current Zoning Ordinance, residential uses are classified as single-family dwellings, second single family dwellings, condominiums, townhouses, and multi-family dwellings. The proposed Residential District re-classifies residential uses within three categories, based on number of residential units per building :
detached residential units, duplexes/triplexes, and multi-unit residential developments with four or more units. Not only does this provide clearer, more neutral descriptions of residential building types, but it sets the stage for different development standards for different scales of housing.

 Setbacks. As shown in Table 1 below, front yard setbacks are proposed to be reduced from 20 feet to 15 feet in the RL District (excluding garages, which must continue to be setback 20 feet to accommodate driveway parking) and 10 feet in the R M and RH Districts. Additionally, side yard setbacks for the RL, RM, and RH Districts have been

12 Hayward Residential Design Study Website:
https://www.hayward-ca.gov/your-government/departments/planning-division/residential-design-study 13 Planning Commission Work Session, August 24, 2023: https://hayward.legistar.com/LegislationDetail.aspx?ID=6319713&GUID=12261BD6-8DE2- 48A3-8665-1A03BF3D8E68&Options=&Search=
14 HMC Chapter 10, Article 1, Zoning Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR

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reduced from 5 to 10 feet, depending on lot width, to 5 feet for all lots. Much of the existing housing stock in Hayward was constructed with 5-foot side setbacks, so this update brings a significant portion of existing development into code compliance. Rear yards in the RM and RH Districts have been reduced from 20 feet to 10 feet. As proposed, these reduced setbacks will allow greater flexibility for site layouts, which the Options and Recommendations Report identifies as critical for development feasibility.

However, the proposed setbacks will still allow for ample landscape buffers, which were identified as a priority by the Council, Commission, and community members.

TABLE 1: EXISTING AND PROPOSED YARD SETBACKS
Standard
Existing Proposed
All Residential
Districts RNP RL RM RH
Front Yard 20 20
15 (primary
structure)
20 (attached
garage)
10 10
Side Yard 5, or 10% of lot
width up to 10’
max, whichever is
greater
10 5 5 5
Side Street Yard 10 10 10 10 10
Rear Yard 20 30 20 10 10

 Building Heights. In the existing Zoning Ordinance, building heights are set by zoning district with a 30- foot maximum height allowed in the RL and RNP Districts and a 40- foot maximum height permitted in the RM and RH Districts. The analysis in the Options and Recommendations Report found that these height limits are generally appropriate for detached homes but present a significant constraint for multi-unit development.

To address this, as shown in Table 2, height limits are now proposed to be set based on building type. Detached residential units will continue to be limited to 30 feet or 2 - stories in height, regardless of which zoning district they are located in. Duplexes and triplexes in the RL District would also be limited to 30 feet and 2 -stories, in order to maintain a consi stent massing to existing development. However, duplexes and triplexes located in the higher density RM and RH Districts would be permitted to be built up to 40 feet or 3 -stories in height. Further, multi-unit developments would be allowed to build up to 50 feet or 4 stories in the RM District and up to 60 feet or 5 stories in the RH District. While this additional height is necessary to allow buildings in the RM and RH Districts to be built to the maximum allowed densities, the height limits are still generally lower than what is permitted in the higher density areas of the city, which are concentrated along the Mission Boulevard corridor and in downtown.

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TABLE 2: EXISTING AND PROPOSED MAXIMUM BUILDING HEIGHTS Standard
Existing Proposed
All
Residential
Districts

RNP RL RM RH
Detached Residential
Unit(s)
301 30
(2-stories)
30 (2-stories)
30 (2-stories)
30 (2-stories)4
Duplex/Triplex 30 - 402 - 30
(2-stories)
40 (3-stories)
40 (3-stories)
Multi-Unit Residential
(4+ Units)
403 - - 50
(4-stories)
60 (5-stories)
Notes:

1. Existing height limit in RL and RNP Districts

2. Existing height limit in RL District is 30 feet and in RM and RH Districts is 40 feet.

3. Existing height limit in RM and RH Districts.

4. Only applicable to existing detached residential unit(s)

 Lot Coverage. The Options and Recommendations Report identified lot coverage as a constraint to residential development, particularly in the RM and RH Districts. To address this, maximum lot coverage limitations are proposed to be removed from all residential zoning districts and instead, setbacks will define the developable area of each parcel, with height limits tied to the building massing and façade design, which will control the size and massing of structures.

 Design Standards. The existing Zoning Ordinance does not include any design requirements for development in the residential zoning districts. Community members, the Council and the Commission expressed support for the adoption of design standards to help ensure that future housing is attractive and consistent with community priorities. As proposed in Sections 10-1.204 to 10-1.206 of Attachment II, the proposed residential design standards are organized into the following three categories:

o Standards Applicable to All Residential Development. Many of the standards in this section are carried over from the existing Zoning Ordinance. However, some new standards have been introduced requiring building entrances to be visible from streets or walkways, retaining walls to be architecturally treated, and required landscaped areas to be largely covered by plants. In addition, this section specifies that density shall be determined by the General Plan (more on this below) and that hillside developments on slopes exceeding 15 percent shall be “stepped down” the hillside to preserve the natural slope. As proposed, new development would also be required to install landscape buffers with evergreen trees if the new buildings are 15 feet or taller than existing buildings on abutting properties. Finally, there are also significant changes proposed to the open space

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requirements for developments with four or more units, which are discussed further below.

o Standards Applicable to Detached Residential Units, Duplexes, and Triplexes (1- 3 Units). There are two new standards proposed for Detached Residential Units, Duplexes, and Triplexes, which tend to be smaller in mass and scale than most multi-family residential buildings. First, to control building massing, the floor area of the highest story is restricted to a maximum of 75 percent of the gross floor area of the first floor. This will ensure that two- and three-story buildings have upper floor stepbacks that provide architectural variation and reduce the overall massing of the structure. To ensure further architectural interest, detached residential units, duplexes, and triplexes are also required to use at least two design elements from a menu of options which includes dormer windows, balconies, front porches, building material variety, window detailing, and use of projections or recesses.

o Standards Applicable to Multi-Unit Residential Development (4+ Units). The proposed standards for multi -unit residential development build upon the requirements for smaller structures with some additional standards that are more appropriate to larger buildings. As currently proposed, f ourth and fifth stories of buildings are limited to 85 percent of the gross floor area of the first floor to reduce the overall massing of the largest buildings. In addition, facades that exceed 75 feet in length are required to be broken up using recesses or projections. Three design elements are also required from a menu of options, which includes building material variety, roof and façade variation, window detailing, balconies, elevated ground floor units, and additional architectural features. Moreover, in direct response to Council and Commission feedback, four and five story buildings are further required to have a clearly defined base and top that is visually distinct from the middle of the buildi ng.

 Open Space. Significant revisions are proposed to the open space requirements for residential developments with four or more units in order to provide developers more flexibility and ensure that open space areas are designed to be desirable areas with high quality amenities. Each development will be required to include a co mbination of common use or private open space equal to at least 150 square feet per dwelling unit.

Common use open space can be indoors or outdoors and must be available to all residents. For developments with 21 or more units, at least half of the required open space must be located outdoors. Additionally, as shown in Table 3 below, depending on the number of dwelling units in a development, the project will be required to achieve between 50 and 200 points worth of open space amenities. Proposed open space amenities and their associated points values are listed in Table 4. These points have

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been assigned based on perceived level of impact and community interest but can be adjusted if needed.

TABLE 3: RESIDENTIAL OPEN SPACE AMENITIES BY PROJECT SIZE Size of Project
(number of dwelling units)
Points Value
4 – 10 50
11 – 20 100
21 – 50 150
51 and up 200

TABLE 4: RESIDENTIAL OPEN SPACE AMENITIES AND ASSOCIATED POINTS VALUES Amenity Type Points Value
Courtyard/Garden
With seating and/or tables for at least 4 people 25
With seating and/or tables for at least 10 people 35
With seating and/or tables for at least 20 people 50
Pergola, shade, trellis or arbor structure 15
Playground with at least 3 pieces of play equipment including slides, swings, monkey bars, climbing walls, etc. 40
Community Garden with at least 5 garden beds 40
Permanent affixed barbecue 15
Outdoor kitchen with a countertop, sink, an appliance and seating and tables for at least 10 people 50
Sports Court
Bocceball 20
Table Tennis 20
Badminton 30
Tennis 30
Pickleball 30
Basketball 50
Splash Pad or Fountain 25
Swimming Pool or Hot Tub 75
Open Lawn Areas with no dimension less than 10 feet 15 Walking/running path at least 1000 linear feet in length with lighting and signage (i.e. mile markers, information boards, etc.) 25
Amphitheater with seating for at least 25 people 75
Community Room
Library Room with bookshelves and seating for at least 5 people 25 Media Room with television and seating for at least 10 people 35 Game Room with a least two game tables or consoles 30
Gathering Room with countertop, cabinets, and sink 50
Gym/Fitness Room with at least 5 pieces of gym equipment 50 Co-working space with wi-fi, tables and seating for at least 8 people, and a bathroom 75 Fenced Dog Park with trash can
Measuring at least 50 feet by 20 feet 25
Measuring at least 100 feet by 20 feet with a dog waste bag dispenser and dog water fountain.
50  Additional Changes. Additional changes have been made to the Residential District section of the code to eliminate subjective standards and reduce redundancy. To allow

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for a detailed comparison, the proposed Residential District is included as Attachment II while the existing residential code sections are found in Sections 10-1.200 to 10-1.500 of the Municipal Code.15

Additional Revisions to Chapter 10, Article 1, Zoning Ordinance. In addition to the updated Residential District section, updates are also proposed to Chapter 10, Article 1 of the HMC to remove any subjective standards related to residential development, to align with recently adopted State legislation, and to “clean up” some discrepancies following the adoption of the City’s 6th Cycle Housing Element. This includes updating the City’s ADU Ordinance to align with State law, adding references to SB 9, AB 2011 and SB 6, and complying with SB 234 to allow home-based daycares, by right, in all districts where residential uses are permitted. Further, a new section has been added about the demolition and replacement of existing housing, consistent with the provisions of SB 330 . In addition, t he findings within the Reasonable Accommodations section16 have been updated and the Special Design District sections have been updated to revise and/or remove subjective standards. All additional revisions to Chapter 10, Article 1, Zoning Ordinance are provided in redline in Attachment III.

Revisions to Article 2, Off-Street Parking Regulations. The proposed updates include changes to the Off-Street Parking Regulations, which are aimed at addressing community concerns and ensuring standards align with State Law and involves some “clean up” revisions to correct terminology for consistency and remove redundancies. The most significant revisions to this Article are discussed below. All additional revisions to Chapter 10, Article 2, Off-Street Parking Regulations are provided in redline in Attachment IV.

 Unbundled Parking. The Hayward 2040 General Plan states the City should encourage multi-unit developments to separate (i.e., “unbundle”) the cost of parking from lease or rent payments, which is currently explicitly not permitted by the Municipal Code.

Aligned with the General Plan, this ban has been removed and re placed with a new regulation which allows develop ers the option to unbundl e parking. When developments opt to offer unbundled parking, the proposed policy requires that a notice be posted in common area(s) that highlights the cost difference in rent for units that

15 HMC Section 10-1.200, Single-Family Residential District (RS):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.200SIMIREDIRS
HMC Section 10-1.300, Residential Natural Preserve District (RNP):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.300RENAPRDIRN
HMC Section 10-1.400, Medium Density Residential District (RM):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.400MEDEREDIRM
HMC Section 10-1.500, High Density Residential District (RH):
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.500HIDEREDIRH
16 HMC Section 10-1.145, Reasonable Accommodation:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.100GEPR_S10-1.145REAC

Page 12 of 17 ends

forgo a parking spot. The regulation is modeled after the City of Oakland’s Unbundled Parking Policy.17

 Transit Demand Management (TDM). Currently, the Municipal Code allows for a reduction in the number of required off-street parking spaces for non -residential developments that implement a TDM plan; however, there is no similar option available for residential developments. Aligned with the Parking Analysis and Council and Commission feedback, the proposed update s include a reduction for residential developments of at least 50 units that provide specific TDM measures. Please note only one reduction would be allowed for each project. Table 5 contains a summary of the proposed reductions that would be permitted in exchange for specific TDM measures.

TABLE 5: RESIDENTIAL TRANSPORTATION SYSTEMS MANAGEMENT PROGRAM Reduction Allowed (%) TDM Measures
10 On-site transit route maps and schedules, a car sharing space AND car sharing membership for all residents
15 A bicycle facility OR a bus shelter
20 A financial contribution for capital improvements OR monthly bus passes made available to all units based on bedroom count

 Senior and Special Needs Housing18 Parking. The Municipal Code allows for a 25 percent reduction in parking spaces for senior and special needs housing if certain findings can be made. Based upon TransForm’s parking database,19 an average of 49 percent of parking spaces are unused in the surveyed senior, special needs and affordable housing development projects. Furthermore, the demand for parking in senior and special needs housing developments is typically significantly lower than other residential developments. Instead of allowing a reduction, a new, lower parking ratio (parking spaces per dwelling unit) of 0.5 for senior housing and 0.3 for special needs housing is proposed.

 Driveways and Tandem Parking. Currently, the Municipal Code requires detached residential units, where there is no street parking , to provide two covered and two uncovered parking spaces per dwelling unit. It is also stated that the driveway area cannot satisfy the uncovered parking space requirement.. The proposed update includes a provision that would allow driveways to satisfy the uncovered parking requirement, as long as they meet the parking space dimensions in the Code. The Code also currently only allows tandem parking for multi -unit dwellings in limited scenarios but the proposed updates would allow tandem parking for multi-unit dwellings, as long as the tandem spaces are assigned to the same unit . Both changes are intended to create additional flexibility for developments needing to meet their parking requirements.

17 City of Oakland Unbundled Parking Policy:
https://library.municode.com/ca/oakland/codes/planning_code?nodeId=TIT17PL_CH17.116OREPALORE_ARTVSTREPALOFA_17.116.310UN PA
18 This terminology is used to be consistent with terminology in Health and Safety Code Section 15312. 19 Transform’s Parking Database: http://database.greentrip.org/

Page 13 of 17 ends

Consistency with Hayward 2040 General Plan. The Hayward 2040 General Plan and Zoning Ordinance shape and regulate development throughout the city. The General Plan serves as a city’s “blueprint” for future decisions concerning a variety of issues. The land use designations within the General Plan determine what densities and general land uses are allowed in various parts of the city. The Zoning Ordinance contains regulations that determine the form and design of development and the specific uses are allowed . Under California State law , the Zoning Ordinance is required to be internally consistent and compatible with the General Plan 20.

Furthermore, if inconsistencies between the General Plan and Zoning Ordinance exist, State law requires that development is comply with the requirements of the General Plan.21

The City currently has several land use designations and zoning districts that allow for residential development. However, this project focuses on bringing parcels that are zoned Low- Density Residential (RL, previously referred to as “RS” or “Single Family Residential”) into conformance with the densities permitted by the Hayward 2040 General Plan. Of the over 20,000 RL zoned parcels in the city, as shown in Table 6, 857 of these parcels are inconsistent with their underlying residential General Plan land use designations, in that the General Plan requires a higher density than is currently allowed by the Zoning Ordinance.22 Because of this inconsistency, these parcels would require rezonings and be subject to environmental analysis in order to redevelop, which would not otherwise be required if their General Plan and zoning designations were in alignment.

TABLE 6: GENERAL PLAN RESIDENTIAL LAND USE DESGINATION INCONSISTENCIES WITH RL ZONING

DISTRICT
General Plan Land Use
Designation
Allowed density
(dwelling units per
acre)
Allowed Residential Uses Parcels with an
Inconsistent RL (RS)
Zoning
Limited Medium Density
Residential (LMDR)

8.7-12 Detached & attached single-family
homes, multi-family homes, second
units
85 Medium Density Residential
(MDR)

8.7-17.4 Detached & attached single-family
homes, multi-family homes, second
units
723
High Density Residential (HDR) 17.4-34.8 Attached single-family homes, multi- family homes
7 Commercial High Density
Residential (C/HDR)
Up to 34.8 Attached single-family homes, mixed
use with multi-family homes on upper
floor; multifamily homes, live-work
units
42 Total 857

The following Zoning Ordinance text and map amendments are proposed to address the inconsistencies shown in Table 6:

 LMDR & MDR Inconsistencies: A series of Zoning Ordinance text and map amendments is proposed to address the inconsistencies of parcels with Limited Medium

20 Government Code Section 65300.5:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65300.5. 21 Government Code Section 65589.5 (j)(4):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65589.5. 22 Currently, the RL District does not have an explicit density standard, but rather, allowable density is determined through allowed uses (typically one primary detached dwelling unit, or two if a lot exceeds 10,000 square feet) and minimum lot size requirements.

Page 14 of 17 ends

Density Residential (LMDR) or Medium Density Residential (MDR) General Plan land use designations, but which are zoned as Low Density Residential (RL). As shown in Table 6, LMDR parcels are required to have a density of 8.7 to 12 dwelling units per acre, while MDR parcels must have a density between 8.7 and 17.4 dwelling units per acre.

The RL District does not currently have an explicit density standard, but rather, allowable density is determined through allowed uses (typically one primary detached dwelling unit, or two if a lot exceeds 10,000 square feet) and minimum lot size requirements. In some cases, this creates an inconsistency. For example, for lots that are between 5,001 and 9,999 square feet, only one unit would be allowed per the RL District requirements, while at least two would be required by the LMDR and MDR General Plan land use designations. For lots over 15,000 square feet, a maximum of two units would be permitted by the RL District, while at least three would be required by the General Plan designations.

These inconsistencies are proposed to be remedied by amending the Zoning Ordinance to remove references to the number of dwelling units allowed per lot, and instead specify that residential development is allowed at the density set by the applicable General Plan land use designation. However, the form of residential development within the RL District will be limited to two-story detached residential units, duplexes, and triplexes to ensure the new development reflects the size and height of the existing neighborhoods.

 HDR Inconsistencies: The majority of RL zoned parcels with a General Plan land use designation of High Density Residential (HDR) are currently developed with religious institutions or multi -unit residential buildings. Based on the existing surrounding development and zoning, five parcels are proposed to be rezoned to High Density Residential (RH) and one rezoned to Medium Density Residential with a minimum lot size of 4,000 square feet ( RMB4). The final parcel is a mapping error and should be rezoned to Planned Development in accordance with Ordinance 85-01323.

 CHDR Inconsistencies: The final group of inconsistencies are parcels zoned as RL with an underlying General Plan land use designation of Commercial High Density Residential (CHDR). Most of the parcels with this inconsistency are located along 12th and 13th Streets where the existing development is predominately detached residential units. This area is proposed to be rezoned to RM to provide a transition between the higher density residential uses along Mission Boulevard Corridor to the east and the lower density residential areas to the west. There are four parcels which are proposed to be rezoned to High Density Residential (RH), consistent with neighboring parcels and development. The last parcel with this type of inconsistency is County owned, along with the adjacent parcel which is zoned Neighborhood Commercial ( CN). The parcel is proposed to be rezoned CN to be consistent with the adjacent parcel under the same ownership.

23 City Council Ordinance 85-013: https://portal.laserfiche.com/Portal/DocView.aspx?id=53935&repo=r-b6d2994c

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A comprehensive list and m ap of all 49 parcels proposed to be rezoned can be found in Attachment V and VI.

Other Topics for Consideration. In addition to the revisions described above and detailed in the attachments to this staff report, staff would like the Council to consider two additional potential updates to the Municipal Code.

 Mission Boulevard and Downtown Development Codes. Two other sections of the Municipal Code that regulate residential development are the Mission Boulevard Code (Chapter 10, Article 24)24 and the Downtown Development Code (Chapter 10, Article 28).25 Both of these code sections were updated within the past five years and contain design and development standards that are largely objective already, with one notable exception – the Architectural Standards section of the Mission Boulevard Code (Section 10-24.3.2.010).26 As currently written, the seven standards within this section covering façade articulation, materials, openings, and roofs would be considered subjective per State law. For ease of understanding and simplicity of implementation, staff recommends that the Mission Boulevard Code adopt the same or similar design standards as are proposed for the Residential Districts (summarized on pages 7 and 8 of this staff report and shown in Attachment II).

 Small Lot Subdivisions. Over the past several years , “small lot subdivisions” or detached residential subdivisions with reduced minimum lot sizes of 3,500 to 4,500 square feet and reduced side and rear yard setbacks, have been a popular development typology within Hayward and beyond. Currently, small lot subdivisions are inconsistent with the development standards of the RL District, meaning that properties must be rezoned and environmental review must be conducted in orde r to allow this type of development, adding significant time and expense to the entitlement process . Staff recommends that the Council consider amending the RL District to allow reduced lot sizes and setbacks through an administrative review process, possibly with additional design requirements.

Planning Commission Recommendations. At the August 24th Planning Commission work session, staff received the following specific feedback on the draft standards:

 The Commission generally supported the updated development standards as proposed.

24 HMC Chapter 10, Article 24, Mission Boulevard Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART24MIBOCO 25 HMC Chapter 10, Article 28, Downtown Development Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART28DECO 26 HMC Section 10-24.3.2.010, Architectural Standards:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART24MIBOCO_SUB ARTICLE_10-24.3SUZO_DIV10-24.3.2GEST_10-24.3.2.010ARST

Page 16 of 17 ends

 The Commission supported adding some of the design standards for the Residential Districts to the Mission Boulevard Code, including a point system for façade design.  The Co mmission applauded the point syste m for open space amenities but recommended minor adjustments, including reducing point values for pools and amphitheaters, increasing the number of lower point options, and re-weighting options based of frequency of use (i.e. basketball courts are more likely to be used daily than amphitheaters).
 The Commission unanimously recommended that staff develop standards to streamline the development review process for small lot detached residential subdivisions.  The Commission supported the idea of Transportation Demand Management measures, but recommended expanding the measures to incentivize ride-share services, shuttle services, services aimed at larger households , and other alternative modes of transportation. Additionally, they wanted staff to explore converting the proposed TDM table into a point system and/or restricting eligibility for the TDM reductions to certain transit-rich areas of the city.
 The Commission supported establishing reduced parking ratios for senior and special needs housing, understanding these populations have less parking demand than other types of housing.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Preserve, Protect and Produce Housing for All. Specifically, this item relates to the implementation of the following project (s):

Project 4, Part 4d: Implement housing incentives and production work plan in accordance to state housing limits; Develop an Overlay Zoning District to allow RS zoned properties (single family residential) to develop into a variety of housing types at densities permitted under the applicable General Plan designation.

FISCAL IMPACT

Consultant Mintier Harnish’s approved contract and associated budget, including contingency, is $234,910. There is sufficient funding to cover the cost of the contract through the use of the HCD SB2 Planning Grant that was originally awarded in 2019. There is no additional fiscal impact associated with the draft regulations for the Hayward Residential Design Study.

NEXT STEPS

Using the feedback received from this work session and the input from all project meetings and community outreach events held to date, the final draft of the objective standards and zoning amendments will be brought back to the Planning Commission and City Council for final consideration and adoption later this Fall.

Page 17 of 17 ends

Prepared by: Taylor Richard, Associate Planner
Elizabeth Blanton, AICP, Senior Planner

Recommended by: Sara Buizer, AICP, Development Services Director

Approved by:

___________________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II
Sec. 10-1.200 Residential Districts
Sec. 10-1.201 Purpose
a. Low Density Residential District (R L). The RL District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment for households of all types and sizes. The R L District is to suitable for detached residential units, duplexes, triplexes, and the community services appurtenant thereto as permitted by this Zoning Ordinance.
b. Residential Natural Preservation District (RNP ). The purpose of the Residential Natural Preservation (RNP) District is to allow for the development of area where topographic configuration is a major consideration in determining the most appropriate physical development of the land, and to allow such development only where it is subservient to and compatible with the preserv ation of major natural features of the land such as preserving the tree line in this zoning district. It is the intention of the regulations for this district that such district be served by limited circulation facilities, and that it be utilized where lar ge open spaces, individual privacy, and semi -agricultural pursuits are suited to the land.
c. Medium Density Residential District (RM). The RM District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment for households of all types and sizes through a compatible mingling of different housing types and densities and compatible community services. d. High Density Residential District (RH). The RH District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable high density residential environment through the development of multi unit buildings and compatible community services.

Sec. 10-1.202 Use Regulations—Residential Districts
Table 10-1.202, Land Use Regulations—Residential Districts, sets the land use regulations for Residential Districts by letter designation as follows unless a use or activity is prohibi ted or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Hayward Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit. "C" designates uses that are permitted after review and approval of a Conditional Use Permit. "-" designates uses that are not allowed.

A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

Section numbers in the right -hand column refer to other sections of the Zoning Ordinance or other limitations as well as subsections following the Table.

Land uses are defined in Article 1, Section 10 -1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity City of Hayward

to a class ification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited.

Unless otherwise explicitly stated, all uses shall be conducted indoor.

TABLE 10-1.202: USE REGULATIONS—RESIDENTIAL DISTRICTS
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “-“ Use Not Allowed
Use
District
Additional Regulations

RNP RL RM RH
Residential Uses
Detached residential unit(s) P P P -

Subject to density limitations in the
General Plan; See Section 10-1.204 (e)
Additions to detached residential units
existing before Effective Date are
permitted.

Duplex/Triplex - P P P Subject to density limitations in the General Plan; See Section 10-1.204 (e)
Multi-unit residential (4+ attached
units)
- - P P Subject to density limitations in the
General Plan; See Section 10-1.204 (e)
Accessory dwelling unit(s) P P P P Where primary use is residential. See Section 10-1.2740 for criteria and
standards.

Two-Unit Development - P - - As provided in Government Code Sections 66411.7 and 65852.21, as amended from
time to time
Group home (6 or fewer residents,
excluding staff)
P P P P See definitions
Large group home (7 or more
residents, excluding staff)

C C C C
Boarding home - - C C
Dormitory - - C C
Other Uses
Ambulance service - A A A
Cultural facility A A A A
Day care, home (State-licensed, less
than 24-hour care for children or
adults, 14 or fewer persons,
excluding staff)
P P P P See definitions
Day care center (State-licensed, less
than 24-hour care for children or
A A A A See definitions

ATTACHMENT II

RNP RL RM RH
adults, 15 or more persons,
excluding staff)
Educational facility A A A A
Hospital, convalescent home - A A A
Livestock A A - -
Parking lot - A A A
Recreational facility A A A A
Religious facility A A A A
Wind energy conversion system A A A A Allowed by right if accessory to a primary use
Golf course - C C C
Country club - C C C
Public agency facilities P P P P See definitions
Accessory buildings and uses P P P P See Section 10-1.205a.

Garage sales P P P P 4 per year per dwelling. See General Regulations Section 10-1.2735.e.

Home Occupation P P P P See definitions
Home Occupation, expanded A A A A See definitions
Household pets P P P P See definitions and Section 10-1.2735 Apiaries P P - - See definitions and Section 10-1.2735

Sec. 10-1.203 Development Standards
Table 10-1.203, Development Standards -Residential Districts, prescribes the development standards for Residential Districts.

TABLE 10-1.203: DEVELOPMENT STANDARDS—RESIDENTIAL DISTRICTS Standard RNP RL RM RH
Lot Requirements. See also combining B District (Section 10-1.2400) City of Hayward

TABLE 10-1.203: DEVELOPMENT STANDARDS—RESIDENTIAL DISTRICTS Standard RNP RL RM RH
Minimum Lot Size (sf) See also Section 10-1.2720 for Special Lot Requirements 20,000 5,000 5,000 7,500
Townhomes -
Consistent with
building footprint
and associated
private outdoor
areas
Consistent with
building footprint
and associated
private outdoor
areas
Consistent with
building footprint
and associated
private outdoor
areas
Minimum Lot Frontage (ft) 35 35 35 35
See also Section 10-1.2720 for Special Lot Requirements Minimum Flag Lot Frontage (ft) See City Standard Detail SD-109 for additional flag lot criteria.

One-Flag Lot 22 22 - -
Two-Flag Lots 28 28 - -
Minimum Average Lot Width (ft) See also Section 10-1.2720 for Special Lot Requirements 100 50 60 60
Maximum Rear Yard Coverage 40% 40% - -
Minimum Average Lot Depth (ft) 100 80 80 80
Yard Requirements. See also combining B District (Section 10-1.2400) Minimum Yards (ft) See also Section 10-1.2725 for Special Yard Requirements and Exceptions.

For townhome-style subdivisions, yard requirements apply to the perimeter of the common ownership property, not individual townhome lots.

Front Yard 20 15 (street-facing
structures)
20 (attached
garage)
10 10
Side Yard 10 5 5 5
Side Street Yard 10 10 10 10
Rear Yard 30 from the tree
line

20 Exception:

Reduction of the
required rear yard
to 10 feet is
permitted for one-
story portions of
the primary
structure(s),
provided the
required rear yard
10 10

ATTACHMENT II

TABLE 10-1.203: DEVELOPMENT STANDARDS—RESIDENTIAL DISTRICTS Standard RNP RL RM RH
area is not
reduced by more
than 20 percent
Height Limit
Maximum Height (ft) See also Section 10-1.2730 for Special Height Requirements and Exceptions Building Height
Detached Residential Unit(s) 30 (2-stories) 30 (2-stories) 30 (2-stories) 30 (2-stories) Only applicable to
units existing
before Effective
Date
Duplex/Triplex - 30 (2-stories) 40 (3-stories) 40 (3-stories) Multifamily Residential (4+
Units)
- - 50’ (4-stories) 60’ (5-stories)

Accessory Building Height
(excluding ADUs)
14 (1-story) 14 (1-story) 14 (1-story) 14 (1-story)
Fences/hedges/walls See Section 10-1.205(e) for additional standards Front and Side Street Yard 4 4 4 4
Side and Rear Yard 7 7 7 7

Sec. 10-1.204 Minimum Design Standards Applicable to All Districts a. Accessory Buildings, Detached. Detached accessory buildings, including but not limited to carports, garages, greenhouses, freestanding patio covers, and sheds shall meet the following criteria. Does not include Accessory Dwelling Unit(s) - see Section 10-1.2740. (1) Shall not be left unfinished with metal or plywood. (2) Shall not be located in a required front yard or side street yard. (3) Shall not be located in front of the primary building, with the exception of detached carports or garages.
(4) Accessory buildings less than or equal to 120 square feet in area may be setback a minimum of 3 feet from a side and rear property line.
(5) Accessory buildings exceeding 120 square feet in area shall be setback a minimum of 5 feet from a side and rear property line.
(6) Shall be setback a minimum of 5 feet from any structure. (7) The total area of all accessory buildings shall not exceed 50 percent of the ground floor area of the primary building(s).

City of Hayward

(8) Accessory buildings may include a bathroom but may not include a kitchen or bedroom. b. Additions to Primary Building(s).
(1) At the time that cumulative additions to a residence increase the original building floor area by more than 50 percent or increase the number of bedrooms, the residence shall be required to provide all required off -street parking (per Section 10 -2.200 of the Off -Street Parking Regulations).
c. Building Entrances.
(1) At least one residential building shall have a primary entrance facing and visible from a street. The entrances of o ther residential buildings on site shall face and be visible from either a street, driveway, or a pedestrian walkway.
d. Decks and Ramps.
(1) Decks and ramps 12 inches or less in height (excluding railings) may be located in any required yard area.
(2) Ramps required for persons with physical disabilities may be located in any required yard area.
(3) Decks and ramps between 12 to 30 inches in height (excluding railings) may be located in any rear or side yard but no closer than 3 feet to the rear or side property line. (4) Decks 30 inches or more in height (excluding railings) shall conform to the minimum yard setback requirements of the primary building.
e. Density.
(1) Allowable density shall be determined by the parcels General Plan land use designation and net acreage.
(2) Net acreage excludes land required for public and private streets, parks, and other public facilities.
f. Fences, Hedges and Walls. (See also Section 10-1.2725(g).) (1) Barbed wire, razor, or electrified fences are prohibited. (2) Retaining Walls.
o Retaining walls which are not a part of building walls shall not exceed 6 feet in height as measured from finished grade elevation to top of wall. o A maximum of two successive, approximately parallel retaining walls is permitted when they are separated by a minimum horizontal distance of 6 feet as measured between centerline of the walls.
o Any additional successive walls shall require a minimum of 15 feet separation. o The sides of exposed exterior retaining walls that are visible from the public right -of- way, private streets and driveways, and private and public common open space shall be architecturally treated with colored concrete, plaster, stone veneer, brick, tile, natural stone, cultured stone, the same material as the primary residential building or acceptable alternative as approved by the Planning Director. Alternatively, the exposed exterior retaining wall shall be screened by landscaping that blocks 50 percent of the visible wall area at maturity.
g. Hillside Standards. Applicable to parcels located in the Hayward Hills, defined as east of Mission Boulevard and south of “D” Street. See Section 10 -1.3500 fo r slope calculation formula. See Section 10-8.23 for additional requirements that exceed 20%.

ATTACHMENT II

(1) Setbacks Abutting Permanent Open Space. All structures, including decks that exceed 12 inches in height, shall be setback a minimum of 30 feet from any rear property line and 10 feet from any side property line that abuts permanent open space, defined as land identified within a Habitat Conservation Plan or Natural Community Conservation Plan , land with a conservation easement, and/or regional park land.
(2) Slopes Equal to or Exceeding 15 Percent: Where the existing slope is equal to or exceeds 15 percent, dwellings sh all exhibit a stepped design that preserves the natural slope by adhering to the following standards:
o At each point, t he lowest floor of the structure shall not exceed eight feet above the adjacent exterior finished grade.

o Grading of areas to the side and rear of the b uilding to create flat open spaces is not permitted on lots with an existing slope exceeding 25 percent. h. Landscaping.
(1) Applicable to All Districts
o Landscape Buffers. New development with building facades that are at least 15 feet taller than the tallest existing buildings on the abutting parcels, shall include a landscape buffer at least 12 feet wide between the new and existing buildings. o The landscape buffer shall include 15-gallon evergreen trees that create a continuous tree canopy at maturity as defined by the Sunset Western Garden Book. o Landscaping Near BART or Railroad Track.
 Parcels abutting and in direct view from the BART or railroad track right-of-way shall include a minimum 10-foot wide landscape strip along the property line(s) abutting or in view from the BART or railroad track right-of-way.  A minimum of one 15-gallon buffer tree shall be planted for every 20 lineal feet of property line.
(2) Applicable to RL and RNP Districts
o Required front and street side yards shall be landscaped except for permitted driveways and walkways. At least 75% of the designated landscape areas shall be covered with live plants at maturity as defined by the Sunset Western Garden Book. o Ground covering mulch shall not include gravel, decorative rock, decomposed granite and non-biodegradable materials.
o A minimum of one 15 -gallon-size tree shall be planted within the required front yard and side street yard of each lot.

City of Hayward

o Edible fruit bearing or invasive root -system trees as defined by the Invasive Plant Council are prohibited in front or street side yards.
o For a lot with more than 50 feet o f street frontage, one tree shall be planted for every 50 feet or fraction thereof of frontage.
(3) Applicable to RM and RH Districts
o All required yards shall be landscaped except for permitted driveways and walkways.

At least 75% of the designated landscape areas shall be covered with live plants at maturity as defined by ____.
o Ground covering mulch shall not include gravel, decorative rock, decomposed granite and non-biodegradable materials.
o Edible fruit bearing or invasive root -system trees as defined by t he Invasive Plant Council are prohibited in all front and street side yards. o Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch box tree per 30 lineal feet of frontage or fraction thereof unless otherwise approved by the City Landscape Architect.
i. Lighting, Exterior. Exterior lighting shall be provided so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. j. Mechanical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way. Equipment to be screened includes, but is not limited to, all roof -mounted equipment, air con ditioners and related equipment, emergency generators, utility meters, cable equipment, backflow prevent ers, irrigation control valves, electrical transformers, pull boxes, and ducting. Screening materials shall be consistent with the exterior colors and materials of the building. The Planning Director or other approving authority may waive this requirement where screening is infeasible due to existing development or health and safety or utility requirements. k. Open Space. For developments with four or more residential units, a minimum of 150 square feet of open space is required per dwelling unit. Common use and/or private open space can be used to satisfy this requirement.
(1) For a development with 21 or more units, 50 percent of the required open space shall be outside.
(2) Required open space shall not include the required front or side street yard or exceed 5 percent slope.
(3) Common use open space shall be available to all residents. (4) Private open space which is directly available to individual units shall adhere to the following requirements.
o Private open space areas shall be at least 50 square feet in size and shall have no dimension less than 5 feet.
o Grade-level open space shall be screened from view by fencing or landscaping. (5) All new developments shall achieve the following point values for residential amenities, based on the total number of dwelling units in the project. For amenities not listed, the Planning Director may assign point values based on similarities to listed amenities. The residential amenities may be used to satisfy the open space requirement specified above.

ATTACHMENT II

TABLE 10-1.204.1: RESIDENTIAL OPEN SPACE AMENITIES BY PROJECT SIZE
Size of Project
(number of dwelling units)
Points Value
4 – 10 50
11 – 20 100
21 – 50 150
51 and up 200

City of Hayward

TABLE 10-1.204.2: RESIDENTIAL AMENITIES AND ASSOCIATED POINTS VALUE Amenity Type Points Value
Courtyard/Garden
With seating and/or tables for at least 4 people 25
With seating and/or tables for at least 10 people 35
With seating and/or tables for at least 20 people 50
Pergola, shade, trellis or arbor structure 15
Playground with at least 3 pieces of play equipment including slides, swings, monkey bars, climbing walls, etc. 40
Community Garden with at least 5 garden beds 40
Permanent affixed barbecue 15
Outdoor kitchen with a countertop, sink, an appliance and seating and tables for at least 10 people 50
Sports Court
Bocceball 20
Table Tennis 20
Badminton 30
Tennis 30
Pickleball 30
Basketball 50
Splash Pad or Fountain 25
Swimming Pool or Hot Tub 75
Open Lawn Areas with no dimension less than 10 feet 15 Walking/running path at least 1000 linear feet in length with lighting and signage (i.e. mile markers, information boards, etc.) 25 Amphitheater with seating for at least 25 people 75
Community Room -
Library Room with bookshelves and seating for at least 5 people 25 Media Room with television and seating for at least 10 people 35 Game Room with a least two game tables or consoles 30
Gathering Room with countertop, cabinets, and sink 50
Gym/Fitness Room with at least 5 pieces of gym equipment 50 Co-working space with wi-fi, tables and seating for at least 8 people, and a bathroom 75

ATTACHMENT II

TABLE 10-1.204.2: RESIDENTIAL AMENITIES AND ASSOCIATED POINTS VALUE Amenity Type Points Value
Fenced Dog Park with trash can
Measuring at least 50 feet by 20 feet 25
Measuring at least 100 feet by 20 feet with a dog waste bag dispenser and dog water fountain. 50

l. Projections into Yards.
(1) Architectural features such as bay windows, chimneys, cornices, eaves, open or covered porches and entries, may extend 2 feet into any required side yard and 5 feet into any required front or rear yard.
(2) Uncovered first floor landing places and outside open stairways may project 3 feet into any required yard, provided they do not exceed 6 feet in height (excluding railings) above ground level.
(3) Uncovered second or third floor landing places and outside open stairways may project 3 feet into a required rear yard, but no closer than 5 feet to a side property line. (4) Balconies may extend 5 feet into any required front or rear yard. m. Separation Between Residential Units. If there are multiple detached residential units located on the same property, each unit shall be setback at least 10 feet from each other. The separation for ADUs may be reduced to 5 feet.
n. Swimming Pools or Hot Tubs. May not be located in the required front or street side yard. All wall lines of a swimming pool or hot tub shall setback 5 feet from any structure and the side and rear property lines.
o. Trash and Recycling Facilities.
(1) Outdoor trash and recycling facilities shall be screened from view, utilizing a wood , metal, masonry or landscape screening unless where not visible to other residential units or from the street.
(2) Shall be a maximum of 300 feet away from any residential building entrance, as measured by path of travel.
(3) Trash and recycling facilities shall have covered roofs.

Sec. 10-1.205 Detached Residential, Duplex, and Triplex Minimum Design Standards a. Building Massing. If multistory, floor area of the highest story shall not exceed 75 percent of the gross floor area of the first floor.
b. Façade Design. All buildings shall include at least two of the following design elements:
(1) At least two dormer windows that project from the roof by at least 18 inches along the front facade.
(2) At least 4 inches of window recess on all windows located on street facing facades. (3) Window moldings at least four inches wide on all windows.

City of Hayward

(4) Use of shutters on at least 50 percent of street facing windows. (5) At least one variation in the facade plane in the form of projections or recesses at least 18 inches deep along the front facade.
(6) Use of at least two distinct building materials that each make up at least 25 percent of the total building facade.
(7) A street facing balcony with no dimensions less than 5 feet. (8) A street facing porch with no dimensions less than 5 feet.

Sec. 10-1.206 Multi-unit Residential (4+ units) Minimum Design Standards a. Building Massing.
(1) Floor area of the fourth and fifth stories each shall not exceed 85 percent of the gross floor area of the first floor.
(2) Facades between 75 and 125 feet long shall have vertical breaks using recesses or projections of the façade plane that are at least 8 feet wide and 2 feet deep at least once every 75 feet.
(3) Facades that equal to or greater than 125 feet long shall have vertical breaks using recesses or projections that are at least 15 feet wide and 10 feet deep at least once every 125 feet.
b. Façade Design.
(1) All multi-unit residential buildings shall include at least three of the following design elements:
i. Use of at least two distinct building materials that each make up at least 25 percent of the total building facades.
ii. Variation in roof height by utilizing sloped roofs of at least 15 percent or varying the parapet height by at least 2 feet on a flat roof.
iii. Use of at least three arches, columns, beams/lintels, and/or other features determined to be similar by the Planning Director along all street facing facades . iv. At least 4 inches of window recess on all windows located on street facing facades. v. Window moldings at least four inches wide on all windows. vi. Use of shutters on at least 50 percent of street facing windows. vii. Ground floor units elevated above the sidewalk by at least 3 feet. viii. Balconies on at least 50 percent of street facing units with no dimensions less than 5 feet.
(2) Four and five story buildings shall have clearly a defined base and top. o The building base shall be defined as the ground floor. The base shall be differentiated from the middle of the building using at least one of the following design features:
 Using a siding or cladding material on the base that is different from the middle of the building facade.
 Horizontal decorative bands that separate the building base from the middle of the building. Bands shall be of a distinct building material that measures at least 12 inches wide and 2 inches deep along the length of all building facades.

ATTACHMENT II

 Awnings above the ground floor that are at least 2 feet deep and line at least 30 percent of street facing facades.
 Incorporating windows along the building base that make up at least 40 percent of street facing facades.
o The building top shall be defined as the area above the top floor . The top shall be differentiated using at least one of the following features:
 Cornices or horizontal decorative bands along the top of all building facades.

Bands shall be of a distinct building material that measures at least 1 8 inches wide and 4 inches deep along the length of all bui lding facades visible from the street.
 Roof overhang of at least 2 feet.
 Upper story step back of at least 6 feet along at least 75 percent of street facing facades.
 Roof open space with trees and or landscaping that is visible from the street for at least 25 percent of the street facing facades.

Sec. 10-1.207 Non-residential Development Minimum Design and Performance Standards For non-residential development refer to standards contained in the Neighborhood Commercial District, Section 10 -1.845, Minimum Design an d Performance Standards. All non-residential development shall comply with the Hillside Design Guidelines.

Sec. 10-1.208 Performance Standards Applicable to All Districts a. Entrance Lighting. All building entrances shall be lit from dawn to dusk for high visibility of th e building entrance and safety.
b. Landscaping Maintenance.
(1) After initial installation, all plantings shall be maintained in a reasonably weed -free and litter-free condition, including replacement where necessary, as determined by the Planning Director.
(2) Required parking lot, buffer, front and street side trees shall not severely pruned, topped, pollarded, disfigured or removed without issuance of a Tree Permit as defined in the Tree Preservation Ordinance.

Sec. 10-1.209 Site Plan Review Required
Site Plan Review approval shall be required before issuance of any building or construction permit only if the Planning Director determines that a project materially alters the appearance and character of the property or area, or may be incompatible with City policies, standards, and guidelines.

SEC. 10-1.100 GENERAL PROVISIONS
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SEC. 10-1.100 GENERAL PROVISIONS1
SEC. 10-1.125 ESTABLISHMENT OF ZONING DISTRICTS.

Zoning districts are designated as follows:

RESIDENTIAL
RLS Single-FamilyLow Density Residential District
RNP Residential Natural Preservation District
RM Medium Density Residential District
RH High Density Residential District
RO Residential-Office District
MH Mobile Home Park District

COMMERCIAL
CN Neighborhood Commercial District
CN-R Neighborhood Commercial—Residential District
CG General Commercial District
CO Commercial Office District
CL Limited Access Commercial District
CB Central Business District
CR Regional Commercial Retail District
SMU Sustainable Mixed Use District

DOWNTOWN/CENTRAL CITY
CC-C Central City—Commercial District
CC-P Central City—Plaza District
CC-R Central City—Residential District
NE Neighborhood Edge District
NG Neighborhood General District
UN Urban Neighborhood District
UNL Urban Neighborhood Limited District
DM Downtown Main Street District
UC Urban Center

MISSION BOULEVARD
MB-NN Mission Boulevard Neighborhood Node District
MB-CC Mission Boulevard Corridor Center District
MB-CN Mission Boulevard Corridor Center District
MB-CS Mission Boulevard Civic Space District

INDUSTRIAL
I Industrial District
BP Business Park District
LM Light Manufacturing, Planning/Research and Development District 1Section 10-1.120(c) and Section 10-1.160(c) amended by Ordinance 10-06, adopted March 2, 2010.

Section 10-1.145 amended by Ordinance 14-08 , adopted February 4, 2014.

ATTACHMENT III

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IL Light Industrial District
IG General Industrial District
IP Industrial Park District

AIR TERMINAL
AT-AC Air Terminal—Aviation Commercial District
AT-C Air Terminal—Commercial District
AT-IP Air Terminal—Industrial Park District
AT-O Air Terminal—Operations District
AT-R Air Terminal—Recreational District
AT-RM Air Terminal—Medium Density Residential District

OPEN SPACE
A Agricultural District
FP Flood Plain District
OS Open Space District

PUBLIC FACILITIES
PF Public Facilities District

SPECIAL DISTRICTS
B Special Lot Standards Combining Districts
PD Planned Development District
SD-1 "B" Street Special Design Streetcar District
SD-2 Mission Corridor Special Design District
SD-3 Cottage Special Design District
SD-4 Cannery Area Special Design District
SD-5 Mission Garin Area Special Design District
SD-7 Hayward Foothill Trail Special Design District

SEC. 10-1.145 REASONABLE ACCOMMODATION.

A. Purpose. The purpose of this Section is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, and procedures.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this section, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing -related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

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3. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

4. A reasonable accommodation may be granted in compliance with this Section without the need for the approval of a variance.

C. Procedure.

1. A request for reasonable accommodation shall be submitted on an application form provided by the Development Services Department or in the form of a letter to the Director of Development Services, and shall contain the following information:
a) The applicant's name, address, and telephone number; b) Address of the property for which the request is being made; c) The current use of the property;
d) The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
ed) The zoning code provision, regulations, or policy from which reasonable accommodation is being requested; and
fe) Without disclosing a medical diagnosis, explain how Why the reasonable accommodation is necessary to make the specific property accessible to the individual based on their disability- related limitations.

2. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by Subsection C1 of this Section for concurrent review with the application for discretionary approval.

3. A request for reasonable accommodation shall be reviewed by the Director of Development Services or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director or his/her designee shall make a written determination within 3045 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

4. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the applicable deciding bodyPlanning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the deciding bodyPlanning Commission in compliance with the applicable review procedure for the discretionary review.

D. Approval Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the Application materials. following factors:

1. Whether the housing in the request will be used by a person with a disability under the Acts;

2. Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

3. Whether the requested reasonable accommodation would impose an undue financial administrative or enforcement burden on the City;

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to, land use and zoning;

5. Potential impact on surrounding uses;

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6. Physical attributes of the property and structures; and

7. Other reasonable accommodations that may provide an equivalent level of benefit.

E. Conditions of Approval. In granting a request for reasonable accommodation, the Director of Development Services or his/her designee, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation addresses the purpose of this Ordinancewould comply with the findings. The condition shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

F. Appeals.

1. Any person dissatisfied with any action of the Director of Development Services pertaining to this Section may appeal to the Planning Commission within 10 days after written notice of the Director's decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.

2. Any person dissatisfied with any action of the Planning Commission pertaining to this Section may appeal to the City Council within 10 days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.

3. The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals.

Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

4. If an appeal is not filed within the time or in the manner prescribed in this subsection, the right to review of the action against which the complaint is made shall be deemed to have been waived.

5. After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date, and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.

6. The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

SEC. 10-1.600 RESIDENTIAL-OFFICE DISTRICT (RO)2
SEC. 10-1.615 USES PERMITTED IN THE RO DISTRICT.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District.

2Section 10-1.600 amended by Ordinance 13-12 , adopted November 19, 2013.

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(1) Residential Uses.
(a) Boarding Home.
(b) Group home (6 or fewer residents, excluding staff. See definitions) (c) Multiple-family dwelling.
(d) Single-family dwelling.
(2) Other Uses.
(a) Day care home. (State-Licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(b) Public agency facilities. (See definitions)
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the RO District:
(1) Residential Uses.
(a) Accessory dwelling unit(s). (Where primary use is residential. (Also referred to as "“Granny flat, in-law unit, second dwelling unit.") See Section 10-1.2740 for criteria and standards.) (b) Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc.) can be met for each dwelling) (2) Other Uses.
(a) Accessory buildings and uses. (See Section 10.1.245.a & b) (b) Garage sales. (4 per year per dwelling. See General Regulations Section 10 -1.2735.d.) (c) Home Occupation. (See definitions)
(d) Household pets.
(Amended by Ordinance 17-16, adopted Nov. 7, 2017)
SEC. 10-1.645 MINIMUM DESIGN AND PERFORMANCE STANDARDS.

The City recognizes that high-quality design of commercial structures can contribute to a positive appearance of neighborhoods and improve the overall character of the community. This Section establishes design and performance standards that shall apply to the construction of residential and commercial buildings and certain commercial uses in the RO District, including but not limited to cultural, educational, religious or recreational facilities.

Single-family dwellingResidential Uses.

For single-family dwellings, additions, accessory buildings andresidential uses refer to the development criteria and standards contained in the RS DistrictResidential Districts, Section 10-1.200.

Multiple-family dwelling.

For multiple-family dwellings, additions, accessory buildings and uses refer to the development criteria and standards contained in the RM or RH Districts, Sections 10-1.400 and 10-1.500, whichever is most consistent with the General Policies Plan and Neighborhood Plan.

SEC. 10-1.700 MOBILE HOME PARK DISTRICT (MH)

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SEC. 10-1.700 MOBILE HOME PARK DISTRICT (MH)3
SEC. 10-1.715 USES PERMITTED.
a. Primary uses.

Mobile home(s).
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the MH District:
(1) Accessory buildings and uses.
(2) Garage sale. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home occupation. (See definitions)
(4) Household pets.
(5) Sales and display of mobile homes.
(6) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
SEC. 10-1.750 SUSTAINABLE MIXED USE DISTRICT (SMU)4
SEC. 10-1.765 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District as primary uses:
(1) Residential Uses.

Multiple-family dwelling units. (at 25.0 to 55.0 units per net acre.) (2) Retail.
(a) Bakery
(b) Bookstore
(c) Card shop
(d) Coffee/espresso shop
(e) Delicatessen
(f) Floral shop

3Note(s)—Amended by Ordinance 13-06 , adopted May 21, 2013.

Section 10-1.700 amended by Ordinance 13-12 , adopted November 19, 2013. 4Section 10-1.750 added by Ordinance 09-08, adopted July 7, 2009.

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(g) Gift shop
(h) Jewelry store
(i) Supermarket
(3) Administrative and Professional Offices/Services.
(a) Accounting and financial offices
(b) Law offices
(c) Medical and dental offices
(4) Personal Services.
(a) Barber or beauty shop
(b) Dry cleaner/laundry
(c) Nail salon
(d) Tailor/seamstress shop
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the SMU District:
(1) Residential Uses.
(a) Accessory Dwelling Unit (s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(2) Other Uses.
(a) Home Occupation. (See definitions)
(2) (b) Household pets.
(3) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)

SEC. 10-1.800 NEIGHBORHOOD COMMERCIAL DISTRICT (CN)5
SEC. 10-1.815 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN District as primary uses.
(1) Administrative and Professional Offices/Services.

5Note(s)—Section 10-1.815a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.820a. amended by Ordinance 01-01, adopted January 16, 2001.

Section 10-1.820b. amended by Ordinance 99-18, adopted October 12, 1999; Ordinance 04-19, adopted December 21, 2004; Section 10-1.845w. added by Ordinance 01-08, adopted July 17, 2001; Section 10-1.845 amended by Ordinance 07-16, adopted November 6, 2007.

Section 10-1.800 amended by Ordinance 13-12 , adopted November 19, 2013.

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(a) Accounting and financial offices (not including check-cashing business). (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.

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(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Consignment store.
(l) Coffee/espresso shop.
(m) Delicatessen.
(n) Fabric store.
(o) Floral shop.
(p) Furniture store.
(q) Garden supplies store.
(r) Gift shop.
(s) Hardware store.
(t) Jewelry store.
(u) Locksmith shop.
(v) Music store.
(w) Nursery (plant).
(x) Paint/wallpaper store.
(y) Pet grooming shop.
(z) Pet store.
(aa) Plumbing and heating store.
(bb) Restaurant. (Where not abutting a residential district or property and no bar) (cc) Sporting goods store.
(dd) Stationary store.
(ee) Supermarket.
(ff) Theater. (Small Motion Picture or Live Performance only.) (gg) Thrift store.
(hh) Toy store.
(ii) Variety store.
(jj) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.

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(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)
(b) Catering facility.
(c) Christmas tree or pumpkin patch lot. (See Section 10-1.2735c. for standards) (d) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.
(e) Educational facility. Small, generally less than 2,000 square feet, designed to augment the learning process of elementary and secondary students.
(f) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN District:
(1) Accessory buildings and uses. (See Section 10.1.845) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
SEC. 10-1.900 NEIGHBORHOOD COMMERCIAL-RESIDENTIAL DISTRICT (CN-R)6 SEC. 10-1.915 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN-R District as primary uses:
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing store.) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic or acupuncture office.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

6Note(s)—Repealed and replaced by Ordinance 06-14, adopted July 11, 2006.

Section 10-1.900 amended by Ordinance 13-12 , adopted November 19, 2013.

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None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor non-residential uses only; required at 27.0 to 55.0 units per net acre above ground-floor commercial uses in the SD6 Special Design District) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Coffee/espresso shop.
(l) Delicatessen.
(m) Fabric store.
(n) Floral shop.
(o) Furniture store.
(p) Garden supplies store.

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(q) Gift shop.
(r) Hardware store.
(s) Jewelry store.
(t) Locksmith shop.
(u) Music store.
(v) Nursery (plant).
(w) Paint/wallpaper store.
(x) Pet grooming shop.
(y) Pet store.
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and no bar) (bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater (Small Motion Picture or Live Performance only.) (ff) Thrift store.
(gg) Toy store.
(hh) Variety store.
(ii) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)
(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735c. for standards) (c) Day Care Center. (Less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(d) Educational facility. (Small, generally less than 2,000 sq. ft. design to augment the education) (e) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN-R District:
(1) Accessory buildings and uses (See Section 10.1.845a.—d.). (2) Garage sales (4 per year per dwelling. See Section 10-1.2735d.).

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(3) Home Occupation (See definitions).
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
SEC. 10-1.920 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R District, subject to the approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

Medical/Dental laboratory.
(2) Automobile Related Uses.

Parking lot.
(3) Personal Services.

Massage parlor. (When located within an established beauty or tanning salon) (4) Residential Uses.

Multiple-family dwellings with ground level units. (Not allowed in the SD6 Special Design District.) (5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.

Restaurants. (When abutting residential district or use or containing a bar.) (7) Other Uses.
(a) Animal grooming service.
(b) Animal hospital.
(c) Convalescent hospital.
(d) Cultural facility.
(e) Educational facility.
(f) Home occupation - expanded.
(g) Recreational facility.
(h) Religious facility.
(i) Temporary use.
(j) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff).
b. Conditional Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.

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(b) Payday loan facilities.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Massage parlor. (When not located within an established beauty or tanning salon) (b) Tattoo parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses. (See General Regulations Sections 10-1.2750 (a) Bar, Cocktail lounge. et seq. for regulations of alcohol.) (b) Dance or night club.
(c) Liquor store.
(d) Theater, Large Motion Picture (See Section 10-1.1045 for special requirements; not allowed in the SD6 Special Design District.)
(6) Service Commercial Uses.

None.
(7) Other Uses.

None.

SEC. 10-1.945 MINIMUM DESIGN AND PERFORMANCE STANDARDS.

The City recognizes that high-quality design of commercial and residential structures can contribute to a positive appearance of commercial districts and neighborhoods and improve the overall character of the community. This Section establishes design and performance standards that shall apply to the construction of residential and commercial buildings and certain commercial uses in the CN -R District, including but not limited to cultural, educational, religious or recreational facilities.

Multiple-family dwellingResidential Uses.

For multiple-family dwellingsresidential uses, refer to the criteria and standards contained in the RM or RH Residential Districts, Sections 10-1.400 200and 10-1.500 respectively, whichever is most consistent with the General Plan and associated Neighborhood Plan.

Non-Residential Uses.

For commercial buildings and uses, including but not limited to cultural, educational, religious or recreational facilities, refer to the criteria and standards contained in the CN District, Section 10 -1.800.

All non-residential uses are subject to the following requirements; provided, however, that exceptions from these requirements may be authorized by approval of a conditional use permit:
(1) Offices shall be no larger than 2,000 square feet and no more than 2,000 square feet of office space may be contained in any building or group of buildings on a parcel or building site. (2) Operating hours shall not begin before 7:00 a.m. nor end after 10:00 p.m.

Mixed-Use Development.

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Mixed-use development, which entails residential uses over ground floor non -residential uses, shall be subject to the following requirements:
(1) Shall provide separate entrances, isolation of noise and smell generating activities, and other compatibility features shall be addressed.
(2) Special attention shall be given to architectural and landscape continuity, vehicular access and attractive pedestrian orientation. Where at all possible, parking in front of the building shall be avoided.
(3) A minimum of 150 square feet of usable open space per residential dwelling unit shall be provided.

In the SD6 Special Design District:
(a) For at least 40% of the units in each development, a minimum of one hundred (100) square feet of usable private open space, consisting of a private yard, patio, porch, deck balcony or a combination of the above, shall be provided for each unit. (b) All developments shall provide a minimum fifteen percent (15%) of the lot area plus 100 square feet per unit for each unit that is not provided private open space as usable common open space for passive and active recreational uses. Usable open space areas shall not include public or private rights-of-way; vehicular parking area; areas adjacent to or between structures less than fifteen (15) feet apart; required building setback areas; private patios or yards; or areas having a slope greater than 3:1. Usable open space can include roof decks (including roof deck above structured or podium parking) or interior group open space accessible to all residents in the development.
(c) All common opens space associated with developments shall have, at a minimum, a landscaped area of six hundred (600) square feet complete with two (2) benches. Additional amenities may include, but are not limited to, a swimming pool, spa, tot lot with pla y equipment, picnic shelter with barbecue area, court game facilities and indoor exercise facilities. The types of amenities shall be dependent upon the nature of development and shall be approved by the reviewing authority.
(4) Studio apartments shall be required to have only one covered off-street parking space per dwelling unit.

In the SD6 Special Design District, residential units are allowed a maximum of 1.5 spaces per studio or one-bedroom unit and 2.0 spaces for units with two or more bedrooms; non -residential uses are required to provide 1.0 space for each 315 square feet of non-residential gross floor area. (5) For properties located along Mission Boulevard between Harder Road and Industrial Parkway, compliance with provisions in the SD6 Special Design District.

SEC. 10-1.1000 GENERAL COMMERCIAL DISTRICT (CG)

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SEC. 10-1.1000 GENERAL COMMERCIAL DISTRICT (CG)7
SEC. 10-1.1015 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CG District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing stores) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.
(a) Automobile parts store.
(b) Automobile dealership. (Dealership selling primarily new vehicles, when all minimum design standards are met and when located along Mission Blvd. between Highland/Sycamore and 700 feet south of Harder Road.)
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.

7Section 10-1.1015 a.(5)(ee) added by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1020 a.(3) amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1020 b.(1)(b) amended by Ordinance 99-18, adopted Oct. 12, 1999.

Section 10-1.1020 b.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1045 g. amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1045 h. added by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1045 v. added by Ordinance 01-08, adopted July 17, 2001.

Section 10-1.1045 w. added by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1015 a., 10-1.1020 a., 10-1.1045, and 10-1.1045 h. amended by Ordinance 06-11, adopted July 11, 2006.

Section 10-1.1005 through 10-1.1020 amended by Ordinance 13-14 , adopted November 19, 2013.

Section 10-1.1000 amended by Ordinance 13-12 , adopted November 19, 2013.

Section 10-1.1000 amended by Ordinance 14-17 , adopted July 1, 2014.

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(d) Health club.
(e) Martial arts studio.
(f) Music studio.
(g) Nail salon.
(h) Palm reading service.
(i) Photography studio.
(j) Physical fitness studio.
(k) Shoe repair shop.
(l) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle store.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Consignment store.
(l) Coffee/Espresso shop.
(m) Delicatessen.
(n) Fabric store.
(o) Floral shop.
(p) Furniture store.
(q) Gift shop.
(r) Hardware store.
(s) Jewelry store.
(t) Locksmith shop.

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(u) Music store.
(v) Nursery (plant).
(w) Paint/wallpaper store.
(x) Pet grooming shop.
(y) Pet store.
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and with no bar) (bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater (Small Motion Picture or Live Performance only.) (ff) Thrift shop.
(gg) Toy store.
(hh) Variety store.
(ii) Video sales and rental store.
(6) Service Commercial Uses.
(a) Appliance service and repair shop. (Not ancillary to a primary use.) (b) Copying or reproduction facility.
(c) Equipment rental.
(d) Hotel or motel.
(e) Mailing or facsimile service.
(f) Not Used
(g) Reverse vending machine(s). (When located within a convenience zone.) (h) Upholstery shop (furniture).
(7) Other Uses.
(a) Broadcasting studio.
(b) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served.)
(c) Catering facility. (Where not abutting a residential district or property.) (d) Christmas tree or pumpkin patch lot. (See Section 10-12750 et seq. for standards) (e) Day Care Home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(f) Educational facility. (Small, generally less than 2,000 square feet, designed to augment the learning process of elementary and secondary school students.) (g) Public agency facilities.

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b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CG District:
(1) Accessory buildings and uses. (See section 10-1.1045) (2) Garage sales. (4 per year per dwelling. See Section 10-l.2735d) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
SEC. 10-1.1100 COMMERCIAL OFFICE DISTRICT (CO)8
SEC. 10-1.1115 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CO District.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (excluding check cashing stores) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance Studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.

8Section 10-1.1115 a.(4) amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1120 b.(1)(c) amended by Ordinance 99-18, adopted October 12, 1999.

Section 10-1.1125 b. amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1100 amended by Ordinance 13-12 , adopted November 19, 2013.

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(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Multiple-family dwellings.
(b) Small group homes associated with single-family dwellings. (c) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Day Care Home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(b) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CO District:
(1) Accessory buildings and uses. (See Section 10.1.845) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
SEC. 10-1.1145 MINIMUM DESIGN AND PERFORMANCE STANDARDS.

The City recognizes that high-quality design of commercial structures can contribute to a positive appearance of neighborhoods and improve the overall character of the community. This Section establishes design and performance standards that shall apply to the construction of residential and commercial buildings and certain commercial uses in the CO District, including but not limited to cultural, educational, religious or recreational facilities.

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Single-family dwellingResidential Uses.

For single-family dwellingsresidential uses refer to the applicable criteria and standards contained in the RS Residential Districts, Section 10-1.200.

Multiple-family dwelling.

For multiple-family dwellings refer to the criteria and standards contained in the RM or RH Districts, Sections 10-1.400 and 10-1.500 respectively, whichever is most consistent with the General Policies Plan Map and Neighborhood Plan.

SEC. 10-1.1200 LIMITED ACCESS COMMERCIAL DISTRICT (CL)9 SEC. 10-1.1215 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CL District.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (excluding check cashing stores.) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dry cleaner/laundry.
(c) Martial arts studio.
(d) Music studio.
(e) Nail salon.
(f) Palm reading service.
(g) Physical fitness studio.
(h) Shoe repair shop.

9Section 10-1.1200 amended by Ordinance 13-12 , adopted November 19, 2013.

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(i) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Coffee/espresso shop.
(b) Delicatessen.
(c) Restaurant. (Where not abutting a residential district or property and no bar) (6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Hotel or motel.
(c) Mailing or facsimile service.
(d) Reverse vending machines. (When located within a convenience zone) (7) Other Uses.
(a) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735.c. for standards)
(b) Day Care Home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(c) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CL District:
(1) Accessory buildings and uses. (See Section 10.1.1045) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
SEC. 10-1.1220 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CL District subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

Parking lot.

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(3) Personal Services.
(a) Suntan parlor.
(b) Massage parlor. (When ancillary to a primary and related use such as a beauty salon) (4) Residential Uses.

None.
(5) Retail Commercial Uses.

Restaurant. (Where abutting a residential district or property) (6) Service Commercial Uses.

Recycling collection area. (When located within a convenience zone.) (7) Other Uses.
(a) Hospital, convalescent home.
(b) Kennel.
(c) Temporary use.
(d) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff).
b. Conditional Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CL District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

Drive-in establishments.
(3) Personal Services.

Massage parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.

Bar, cocktail lounge. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol) (6) Service Commercial Uses.

None.
(7) Other Uses.

None.

SEC. 10-1.1300 CENTRAL BUSINESS DISTRICT (CB)

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Hayward City CouncilSeptember 12, 2023

Hayward City Council
September 12, 2023