Council Packet — Hayward City Council, September 26, 2023

Tuesday, September 26, 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 26, 2023City Council Agenda

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HAYWARD REDEVELOPMENT SUCCESSOR AGENCY 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:
h t t p s : / / h a y w a r d . z o o m . u s / j / 8 5 0 8 1 6 2 7 1 6 0 ? pwd=txJBVvVL7z5vuTIwJqb_1w48MsJ-QY2l5Y0.TUa2OodQX0WvVOzg Meeting ID: 850 8162 7160
Password: CC9/26@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 850 8162 7160
Password: 6515846737
CALL TO ORDER: Mayor/Chair Salinas
Pledge of Allegiance: Council/HRSA Member Bonilla Jr.

AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

Page 2 ends

September 26, 2023City Council Agenda

CLOSED SESSION ANNOUNCEMENT

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.

CONSENT
Approve the Minutes of the Special Joint Meeting of the City Council and the Hayward Public Finance Authority Board on September 12, 2023
MIN 23-0981.

Attachments: Attachment I Draft Minutes of 9/12/2023
Adopt a Resolution Authorizing the City Manager to Enter into an Agreement Amending the Ground Lease Between the
Hayward Redevelopment Successor Agency and 1069 B Street LLC California Limited Liability Company, as Successor in Interest to Cinema Place Hayward, LLC
CONS 23-5022.

Attachments: Attachment I Staff Report
Attachment II HRSA Resolution

Page 3 ends

September 26, 2023City Council Agenda
Adopt a Resolution Awarding a Construction Contract to JJ Construction and Design, Inc., for the Municipal Parking Lot No. 11 Improvement, Project No. 05741 in the Amount of
$384,098, and Authorizing a Construction Contingency Change Order Budget of $120,000
CONS 23-5143.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Finding the City’s Lease with the East Bay Regional Park District Allows the Hayward Marsh Restoration Project
CONS 23-5174.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Maps

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.

Spectator Ordinance Modifications: Consider Ordinance
Changes Amending Chapter 4, Article 12 of the Hayward
Municipal Code Relating to Spectators at Illegal Speed Contests and Exhibitions of Speed to Include Sideshows (Report from Acting Police Chief Matthews)
WS 23-0345.

Attachments: Attachment I Staff Report
Attachment II Proposed Spectator Ordinance

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.

Page 4 ends

September 26, 2023City Council Agenda

ADJOURNMENT
NEXT MEETING, October 3, 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.

Page 5 ends

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-098
DATE: September 26, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special Joint Meeting of the City Council and the Hayward Public Finance Authority Board on September 12, 2023

RECOMMENDATION
That the Council approves the minutes of the special joint meeting of the City Council and the Hayward Public Finance Authority Board on September 12, 2023.

SUMMARY
The City Council held a special joint meeting of the City Council and the Hayward Public Finance Authority Board on September 12, 2023.

ATTACHMENTS
Attachment I Draft Minutes of September 12, 2023
CITY OF HAYWARD Printed on 9/21/2023Page 1 of 1
powered by Legistar™

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

The special joint meeting of the City Council and Hayward Public Finance Authority Board meeting was called to order by Mayor/Chair Salinas at 7:00 p.m. The City Council/HPFA held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council/HPFA Board Member Andrews

Present: COUNCIL/HPFA BOARD MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR/CHAIR Salinas

Absent: None

CLOSED SESSION ANNOUNCEMENTS

The City Council convened in closed session on August 15, 2023, at 6:15 p.m., with all members present and no public speakers, 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. 21CV004641. City Attorney Lawson indicated the Council discussed both items, gave direction to staff but took no reportable action. City Attorney Lawson noted the closed session adjourned at 7:00 p.m. to conduct a public meeting and reconvened in closed session at 8:38 p.m. and adjourned the meeting at 9:00 p.m.

The City Council convened in closed session on September 12, 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 54956.9(d)(1) regarding City of Hayward, et al. v. County of Alameda, et al. Alameda County Superior Court, No. 23-cv-036712; 2) conference with legal counsel pursuant to Government Code section 54956. 9(c)(4) designated as anticipated litigation; 3) conference with property negotiators pursuant to Government Code section 54956.8 concerning 1069 B Street (APN 428 -0066-085-00) and 22695 Foothill Boulevard ( APN 428- 0066- 086- 00); and 4) conference with property negotiators pursuant to Government Code section 54956.8 regarding Skywest Properties: 1401 Golf Course Road, APN No. 432 -0134-001-05, California Air National Guard (CANG) Site: 1525 West Winton Avenue; APN No. 432- 0124- 002- 00. City Attorney Lawson indicated the Council discussed Item 1 through 3, gave direction to staff but took no reportable action. Related to Item 4, City Attorney Lawson noted the item was dropped and not discussed.

PUBLIC COMMENTS

Clara Delsener shared she was a family friend of Chris Pena who was killed on September 6, 2023, while riding his bicycle on Mission Boulevard and Orchard Avenue; and urged the City to consider traffic calming measures for the area and increase police presence. 2 | S e p t e m b e r 12, 202 3
Maud Carreon, a friend of the Pena family, urged the Council and the Hayward Police Department to investigate what happened in the fatal hit and run accident and inform the Pena family.

TJ, Hayward Concerned Citizens member, shared her group assisted with a fundraiser campaign for Chris Pena , supported the request for an investigation, and urged evaluating road and pedestrian safety in the Mission Boulevard and Orchard Avenue neighborhoods.

Suzanne, Hayward Concerned Citizens member, stated the accident of Chris Pena was devastating for the community, suggested more police presence along the Mission Boulevard area to conduct speed and red-light violation enforcement, and emphasized the importance of not compromising public safety.

Randy Wright shared that September was Prostate Cancer Awareness Month noting former Alameda County Supervisor Valle passed away from the same cancer and urged all to make donations to a local cancer society.

Mayor Salinas recognized that September 12 was also deceased Supervisor Valle’s birthday.

CITY MANGAGER’S COMMENTS

City Manager McAdoo shared information about two tragic incidents that occurred on September 6, 2023: 1) the loss of Chris Pena noting the Police Department was prioritizing the investigation and the Public Works Department would schedule a Council Infrastructure Committee meeting regarding a traffic calming project on Orchard Avenue and an informational meeting with the community ; and 2) the officer involved shooting noting all protocols governing such incidents were followed and Acting Police Chief Matthews held a news conference on the incident.

HAYWARD COMMISSIONS AND KEEP HAYWARD CLEAN AND GREEN TASK FORCE

1. 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)

Staff report submitted by City Clerk Lens, dated September 12, 2023, was filed.

City Clerk Lens provided a synopsis of the staff report. Members of the City Council congratulated the newly appointed members and thanked them for their commitment to the Hayward community through their service.

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

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

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

Resolution 23-222, “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”

City Clerk Lens administered the oath of allegiance to newly appointed and reappointed members. Mayor Salinas called for a recess to congratulate the members and reconvened the Council meeting at 7:52 p.m.

CONSENT

2. Approve the Minutes of the Special City Council Work Session Meeting on August 15, 2023 MIN 23-090
It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., and carried unanimously, to approve the minutes of the special City Council Work Session meeting on August 15, 2023.

3. Approve the Minutes of the Special City Council Meeting on August 15, 2023 MIN 23- 092
It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., and carried unanimously, to approve the minutes of the special City Council meeting on August 15, 2023.

4. Approve the Minutes of the Special City Council Meeting on August 22, 2023 MIN 23- 093
It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., and carried unanimously, to approve the minutes of the special City Council meeting on August 22, 2023.

5. 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 23-476

Staff report submitted by Maintenance Services Director Rullman, dated September 12, 2023, was filed.

4 | S e p t e m b e r 12, 202 3
It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., 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 -223, “ Resolutions 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”

6. 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 23-461

Staff report submitted by Acting Police Chief Matthews, dated September 12, 2023, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., 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 23-224, “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”

7. 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 23-467

Staff report submitted by Public Works Director Ameri , dated September 12, 2023, was filed.

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., 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 23-225, “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”

8. 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 23-475

Staff report submitted by Public Works Director Ameri, dated September 12, 2023, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., 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 23-226, “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”

6 | S e p t e m b e r 12, 202 3

9. 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 23-483

Staff report submitted by Public Works Director Ameri, dated September 12, 2023, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., 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 23-227, “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”

10. 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 23-491

Staff report submitted by Acting Chief of Police Mathews, dated September 12, 2023, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., 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 23-228, “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

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HAYWARD PUBLIC FINANCE AUTHORITY BOARD
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, September 12, 2023, 7:00 p.m.
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”

WORK SESSION

11. Residential Design Standards: Draft Regulations for the Hayward Residential Design Study (Report from Director of Development Services Buizer) WS 23-036

Staff report submitted by Development Services Director Buizer, dated September 12, 2023, was filed.

Mayor Salinas congratulated Development Services Director Buizer on her promotion to Development Services Director.

Development Services Director Buizer introduced Senior Planner Blanton and Associate Planner Richard who provided a synopsis of the staff report.

Mayor Salinas opened the public comment section at 8:04 p.m.

Planning Commissioner Stevens supported a point system for façade design; shared Los Gatos implemented items for their points based on standards which could be applied to Medium Density Residential (RM) and High Density Residential (RH) zone districts; noted that (RL) Low Density Residential and (RNP) Residential Natural Preservation standards could be improved by merging them; noted the parking space for homes exceeding 2,900 square feet should be based on actual house size and not the 2.0 covered per dwelling unit plus 2.00 open per dwelling unit standard; and suggested further evaluating tandem parking and considering occupancy related to RL zones.

Mayor Salinas closed the public comment section at 8:07 p.m.

Members of the City Council thanked staff for a comprehensive report and appreciated the community and stakeholder input.

Discussion and clarification ensued among members of the City Council and City staff regarding levels of standards affecting feasibility of high density and medium density residential developments such as setbacks, heights, parking and open space requirements; tandem parking would not requi re two electric vehicle (EV) charging stations; staff was not proposing any parking reductions other than for senior housing and special needs housing for which there was demonstrated data displaying there is no need for as much parking as is currently allotted; there are State laws such as SB 9, State Density Bonus Law, AB 2097, limiting the City’s ability to require or restrict parking; parking reduction projects would be required to implement 8 | S e p t e m b e r 12, 202 3
certain Transportation Demand Management (TDM) measures, such as work with AC Transit to install a bus stop with an enclosure; the proposed unbundled parking policy requires that a notice be posted highlighting the cost difference in rent for units that forgo a parking space , similar to the City of Oakland; use regulations for residential districts such as cultural, religious and educational facilities which do not tend to be commercial; staff could explore having commercial spaces on the first floor through an Administrative Use Permit or Planning Commission consideration; the Neighborhood Edge District (NE), Mission Boulevard Civic Space (MB-CS) and the B Street Special Design Streetcar District (SD -1) are special districts designed to not take away any requirements but make them enforceable ; certain parking reduction projects required implementation of TDM measures; and staff could continue to explore a solution for mailbox security outside zoning regulations.

Council Member Zermeño supported the options and recommendations report associated with the Hayward Residential Design Study presented on page five of the report and was optimistic about tandem parking as proposed; and shared he continues to receive concerns from residents about inadequate parking on streets.

Council Member Syrop expressed support for unbundled parking and agreed that staff would evaluate the wording of the proposed policy so that language was clear on noticing the cost of rents when residents opt out of unbundled parking; supported staff’s proposal on the structuring of the TDM and wanted to see more bicycle incentives included such as a set amount of bicycle vouchers offered to certain income level households or for inclusive units ; and wondered what could be done with the current regulations to help incentivize smaller spaces for casual uses such as tiny supermarkets selling produce to help reduce trips made to grocery stores, avoid using vehicles and contributing to carbon emissions, and could encourage walkability in neighborhoods; and asked staff to explore the feasibility for the mail area to exist behind a locked area such as a glass door to improve mail security.

Council Member Bonilla Jr. expressed support for the following: recommendation offered by the Planning Commission to use a point system rather than a menu of options for façade design standards; reducing the front yard setback to 10 feet in RH District; adding the same design standards from the residential districts to the Mission Boulevard and Downtown Development Codes; having a point system for open space amenities; developing a streamlined development review process for small lot detached residential subdivisions ; amending the RL District to allow reduced lot sizes and setbacks through the administrative review process as it relates to detached residential subdivisions ; Council Member Syrop’s comments on TDM and bike vouchers; modifying percentages for projects close to meeting parking requirements; setting a point system for open space amenities ; reducing parking ratios for seniors and those with disabilities; reducing yard setbacks but cautioning that high quality landscape buffers not be sacrificed for setbacks; unbundling parking and appropriate noticing to provide transparency.

Council Member Bonilla Jr. suggested reducing the Courtyard/Garden amenity for four people to 15 or less points; adding a size requirement for sports courts, swimming pools/hot tubs, and community rooms; and noted that unbundled parking would provide more flexibility to households.

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

Council Member Roche supported the point system for façade design; shared concerns about the TDM program noting the Mosaic building on Mission Boulevard did not serve the intended purpose; noted the 10 percent for on-site transit route maps and schedule should not have any points for multi-unit developments; supported TDM measures such as infrastructure for bicycle parking or financial contribution towards capital improvement s; favored being more aggressive with TDM measures so developers provide significant contributions such as charging stations for electric bikes, additional EV parking; was interested in seeing the overall effectiveness of TDMs ; stated that if the City was to have urban buildings in suburban environments, there should be unbundled parking structures that could also accommodate EV charging stations; urged staff to reduce softer TDM measures and value higher infrastructure or capital contributions; did not support reducing setbacks, citing the Holiday Bowl project as an example of a development that lacked a buffer and was built close to the sidewalk; and asked for consideration of points being added for developments that improve roads and lighting enabling families to get to local parks safely as a community benefit.

Council Member Syrop echoed Council Member Roche’s TDM plan comments.

Council Member Andrews concurred with the concerns made by Planning Commissioner Stevens on the issue of parking not ing that a 2,900 square foot h ouse in Hayward would demand more parking and noted she would be seeking a calculation that worked for Hayward; agreed with having a scorecard system; agreed with her colleagues on TDM measures; favored a point system that would take into consideration mailbox design to keep residents’ mail safe; supported staff exploring rooftop amenities receiving more points ; supported exploring additional points for long -term bike parking spaces s uch as by doubling the CalGreen requirement; recommended adding a façade design to the Mission Boulevard Code and getting points for a public art component; and expressed she was amenable to reduced setbacks for certain developments with landscaping coordination that would allow for residents to mitigate clutter.

Council Member Goldstein stated th at installation of cameras worked at addressing the challenges with mailboxes; preferred having a point system versus a menu of options; noted that commercial space at ground floor level that have not been occupied yet contributed to the failure of TDM plans; pointed out that available and secure BART bike lockers would serve to incentivize using alternatives to driving to the BART station; urged exploring alternatives to get motorists out of cars ensuring the safety of bicyclists; was concerned with assigning 75 points to swimming pool/hot tub amenities from a water use and climate change view point; expressed health concerns about dry cleaning establishments being closely situated near residential developments; appreciated the built-in standards for trees; emphasized that CC&Rs indicate the HOA is responsible for trees when required; and favored extra points for rooftop amenities for their great use of space.

10 | S e p t e m b e r 12, 202 3
Mayor Salinas noted that the AC Transit had received funding for a bicycle program with a goal to provide as many bicycle vouchers to low-income neighborhoods and neighborhoods of color and emphasized that if this could be achieved at a county level then it might be feasible for a multi-unit development project to provide bicycles for residents in the future; stated that if alternative forms of transportation are embedded with development projects from the outset, then children grow up knowing that residents do not drive but bike in Hayward; and noted there were safety reasons for calming traffic down, and agreed to incentivize getting people out of cars and onto bicycles to improve the city.

Senior Planner Blanton indicated that staff would make modifications based on input provided and present Residential Design Standards for the Council to adopt at a future Council meeting.

12. I-880/Whipple Road Industrial Parkway Interchange Improvement Project Work Session: Review and Discuss Aesthetic Features (Report from Director of Public Works Ameri) WS 23-037

Staff report submitted by Director of Public Works Ameri, dated September 12, 2023, was filed.

Public Works Director Ameri shared that in the interest of full accuracy , staff distributed a revised report discussing aesthetic features of the I-880/Whipple Road Industrial Parkway Interchange Improvement Project based on comments received from AC Transit ; and introduced Project Manager with Alameda CTC Gary Sidhu, Vice President and Project Manager Sasha Dansky with Mark Thomas and Project Landscape Architect Erik Smith.

Mr. Sasha Dansky and Mr. Erik Smith provided an overview of the project.

There being no public comments, Mayor Salinas opened and closed the public comment section at 9:25 p.m.

Members of the City Council commended City staff, AC Transit staff and the Mark Thomas team for the presentation.

Discussion and clarification ensued among members of the City Council, City staff, Alameda CTC staff and the Mark Thomas team regarding the start of construction which was anticipated in Fiscal Year 2025/2026 ; and Measure BB funding through ACTC ’s Transportation Expenditure Plan allocated for the project would have to be spent on the proposed project.

Council Member Zerme ño favored the following: the colored lighting featured on the underpasses which was currently lacking would be an improvement; the use of tree, leaves, carnation (City flower ) and the cliff swallow bird as a design on retaining walls ; and exploring aesthetic improvements and safety of the Tennyson/I-880 Interchange.

Council Member Roche favored the following: overpasses throughout the city having the clean Hayward H branding ; overlapping arches noting the waves with the oak leaves

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HAYWARD PUBLIC FINANCE AUTHORITY BOARD
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, September 12, 2023, 7:00 p.m.
appeared busy looking; option two for the undercrossing lighting; and the emanating sun for lower treatments.

Council Member Bonilla Jr. favored the following: the Hayward Hills theme and the clean Hayward H ; option two for lighting ; and the design on the retaining wall which was in alignment with the Hayward Hills theme as this was a beautiful way of acknowledging that Hayward was a green community that cared about its environment.

Council Member Syrop favored the following: the Hayward Hills theme for the overpass; the concrete barrier inspiration option one; using the Hayward H branding; the oak wing wall that had painted trees on the bottom and hills on the top ; option B – retaining wall and fencing for the oak leaf theme and moving away from the concrete embankment (option C); and option two for the undercrossing lighting as this created a clear place for pedestrians, cyclists and other forms of transportation, and would be well illuminated.

Council Member Andrews reiterated the need for more pedestrian safety improvements on Tennyson Road, underscoring the freeway exit was particularly dangerous and requested addressing concerns at the Tennyson Road exit to be expedited.

Council Member Andrews favored the following: expand aesthetic improvements to include other exits; consider spelling out Hayward across the whole overpass from Whipple entering Hayward; have lampposts to create a more pedestrian-friendly area; have lamppost designs match what is in place in the downtown to make it more inviting for people to walk; the art deco with arches ; lighting option three for undercrossing lighting; and the hills design but more curved and defined.

Mr. Dansky clarified that the lighting that would be applied would be along the local street on Whipple Road, the lighting on Industrial Boulevard would be freeway lighting along the roadway for safety purposes ; and noted that having a city name displayed on a freeway overpass was in violation of a state standard and therefore not an option that could be explored.

Council Member Goldstein favored the following: oak tree motif with vertical and wing wall motif; was concerned about the branding resembling Oakland, but liked the aesthetic; the oak leaf railing , but if there was opposition to this then he was amenable to the art deco theme design; the Hayward H branding; and lighting option two for undercrossing lighting.

In response to Council Member Roche’s comment that the Whipple Road underpass floods frequently during the winter season , Mr. Dansky stated the project was addressing the flooding issue and included significant drainage improvements including the installation of a pump at the location to prevent water from ponding in the area.

12 | S e p t e m b e r 12, 202 3
In response to Council Member Roche ’s inquiry if the project included repairing the path through the underpass, Mr. Dansky indicated that the project would include improvements such as a class one path and noted that there will be paths on both the north and south sides of Whipple Road. Council Member Roche asked if the project would close access as th e location experience d heavy homelessness with mini encampments popping up in the medians. Mr. Dansky stated slope paving would be constructed that goes up to the underside of the bridge to have a sloped area that would not allow for inhabiting or encampments.

Council Member Zermeño commented that one of the reasons for the proposed project was for public safety reasons and requested the addition of a couple of lamps by the 880/A Street underpass to improve the area.

Mayor Salinas favored the following: the Hayward Hills theme but agreed with making the design distinctly a hill and clarifying the motif ; preferred a bigger H to resemble an appropriate size for the gateway into the city; option two for the undercrossing lighting; and stated the improvements would change the corridor.

LEGISLATIVE BUSINESS

13. Russell City Energy Center: Adopt a Resolution Approving the Expenditure Plan for the Calpine Clean Energy Fund (Report from Public Works Director Ameri) LB 23-036

Staff report submitted by Public Works Director Ameri , dated September 12, 2023, was filed.

City Manager McAdoo provided background for the item related to the Russell City Energy Center and introduced Environmental Services Manager Pearson who provided a synopsis of the report.

In response to questions raised, Environmental Services Manager Pearson indicated the request for proposals (RFP) to find a firm to design the program and install the water heaters would be issued in the next month ; and there may be an application process to select participants in clean energy projects , and households with older water heaters could be prioritized.

Council Member Bonilla Jr. supported prioritizing households with older water heaters and those experiencing the highest need; and simplifying the application process for prospective applicants.

Council Member Roche urged that local labor be considered when selecting the provider for the service as they may have the expertise in providing heat water pumps.

Mayor Salinas opened the public hearing at 9:55 p.m.

Jordan Ackerman, with the Construction Trades Workforce Initiative, urged to consider the utilization of labor standards to attract high contractors to bid the work such as prevailing wage

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HAYWARD PUBLIC FINANCE AUTHORITY BOARD
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, September 12, 2023, 7:00 p.m.
requirements, contributions to workers skills and training with apprenticeships, healthcare and pension benefits, and targeting requirements to hire local disadvantaged groups in the community.

EJ shared that his membership had over 40 years of experience and training on heat pump water heaters; and urged the Council to consider local workforce and provide middle-class career opportunities to its constituents when making decisions about the RFP.

Mayor Salinas closed the public hearing at 9:59 p.m.

Council Member Syrop stated the item was a good example of equity and environmental justice being prioritized; appreciated staff for being quick and adept at securing funds; supported the use of local labor for projects like the proposed; noted a just transition ensured skilled labor is used, there were good paying jobs, and that individuals being serviced by the skilled labor needed it the most; hoped the city takes this into account when issuing the RFP; and made a motion to move the item.

Council Member Andrews hoped the item becomes a model for incidents that happen in the community to show accountability and leveraging funds to help benefit initiatives to respond to social justice ; and agreed with the comments from the public related to the RFP , and commended staff.

In response to Council Member Andrews’ inquiry if the location was equipped to address future incidents by having contact for emergency response, City Manager McAdoo shared the new plant manager had met with Public Works Director Ameri, Fire Chief Contreras and her to establish connections and ensure they are adhering to rules and cooperation agreements.

Council Member Bonilla Jr. expressed support for the investment in clean energy for Fire Station No. 6 and the Regional Training Center, working with low-income communities near the Russell City Energy Center to pay for and install electrical heat pump water heaters, the installation of water heaters by the local workforce, and the inclusion of labor standards within the RFP process and prioritizing it; appreciated the accountability and transparency components and how decisions are centered amongst the most vulnerable in the community.

Council Member Zermeño expressed his support of the project as it dealt with equity, social justice, local hire, decrease of carbon footprint; noted it would set an example of utilization of funds; and disclosed that although he lived in the affected area, he would not be eligible to receive the water heater. Council Member Zermeño seconded the motion.

Council Member Goldstein congratulated staff for securing the funding for the project; agreed with his colleagues on the use of the funds, as this would allow to give back to the community in a social justice context; and expressed his support of labor standards. 14 | S e p t e m b e r 12, 202 3

It was moved by Council Member Syrop, seconded by 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 23-229, “Resolution Approving the Expenditure Plan for the Calpine Clean Energy Fund”

14. 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 23-037

Staff report submitted by Director of Finance Gonzale s, dated September 12, 2023, was filed.

Finance Director Gonzales announced the item and introduced Financial Advisory Craig Hill with NHA Advisors who provided a synopsis of the staff report.

There being no public comment, Mayor Salinas opened and closed the public hearing at 10:13 p.m.

Council Member Roche thanked Finance Director Gonzales, appreciated the financial advisor’s review of the proposal as it would result in savings to the City, and made a motion to approve the item.

Council Member Goldstein seconded the motion.

Council Member Syrop thanked staff for helping the Council navigate complex and technical questions, appreciated the savings identified for the residents, and expressed support for the motion.

It was moved by Council/HPFA Member Roche, seconded by Council/HPFA Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

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

Resolution 23-230, “Resolution of the City Council of the City of Hayward Amending the Savings Requirement Established by the City Council in Resolution No. 23 -168 Related to the Delivery and Sale of Refunding Certificates of Participation to Refinance Outstanding 2014 Lease Payments and 2015 Lease Payments, Approving a Preliminary and Final Official Statements and a Purchase Contract, and Providing Other Matters Related Thereto”

HPFA Resolution 23-02, “ Resolution of the Board of Directors of the Hayward Public Financing Authority Amending the Savings Requirement Established by The Board of Directors in Resolution No. HPFA 23-01 Related to the Delivery and Sale of Refunding Certificates of Participation to Refinance Outstanding 2014 Lease Payments and 2015 Lease Payments, Approving Preliminary and Final Official Statements and a Purchase Contract, and Providing Other Matters Related Thereto”

INFORMATIONAL ITEM

15. Informational Report on Cal Cities 2023 Annual Conference Scheduled for September 20- 22, 2023 RPT 23-086

Staff report submitted by Assistant City Manager Youngblood , dated September 12, 2023, was filed.

The written report was informational only. Mayor Salinas shared that he would be attending the conference along with Council Members Syrop, Goldstein, Zermeño, Roche and Bonilla Jr.

COUNCIL REPORTS AND ANNOUNCEMENTS

Mayor Salinas spoke about his trip to Faro, Portugal , along with Council Members Andrew and Syrop, City Manager McAdoo, CSUEB President Dr. Sandeen , members of the Hayward- Faro Sister City Committee, IT Director Kostrzak, Zach Ebadi, and Bolthar Garcia; shared that 58 years ago Hayward entered into a sister city agreement with Faro with the establishment of the Portuguese Park located in downtown Hayward; noted that earlier in February 2023, Portuguese delegates were hosted by Hayward; shared the trip coincided with Portugal Day; 16 | S e p t e m b e r 12, 202 3
noted CSUEB entered into an agreement with the local university for the advancement of scientific research and promote exchanges with university students; shared he was honored with the key to the City of Faro; stated that on the City of Hayward Avenue there is an eight- foot green Hayward H that was unveiled as public art; and thanked Faro Mayor Rogério Bacalhau Coelho and its Council for the experience.

Council Member Syrop expressed his gratitude to the Hayward -Faro Sister City Committee for the work that went into fostering and helping develop the relationship ; was inspired by ideas he would like to implement in Hayward ; communicated the value of sister city relationships to see how cities help manage their residents ; and shared that although Faro had a population of 60,000 residents, they manage five million tourists annually.

Council Member Andrews thanked City staff and the Hayward-Faro Sister City Committee for coordinating and documenting the trip ; acknowledged the beauty and culture of Faro ; admired how Faro and Hayward appreciate and acknowledge their employees; highlighted that public art was displayed everywhere and looked forward to implementing ideas ; and appreciated the diversity of Faro and how they manage to celebrate their culture.

COUNCIL REFERRAL

16. 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 23-091

Staff report submitted by Council Members Zermeño and Syrop, dated September 12, 2023, was filed.

Council Member Zermeño noted he was one of the founding members of the Arandas-Hayward Sister City Committee; stated the referral served to formalize the Hayward-Arandas relationship; shared that the Arandas Committee visited Hayward and three vehicles had been donated to Arandas’ Fire Department; noted Arandas has a population of 95,000; shared that Arandas dedicated a tree to Hayward and a part of Hayward’s Spring Grove Park would be dedicated by HARD to Arandas; and urged his colleagues to approve the referral.

Council Member Syrop noted he was happy to support Council Member Zermeño on the referral to formalize the relationship; and indicated it was exciting to bring new energy into sister city relationships.

Council Member Zermeño mentioned there was a Sister City book collection at the Hayward Public Library.

Council Member Roche shared that the exchange between sister cities was more than cultural, it was an educational exchange benefiting the local university and a business exchange; and added that the exchanges help to enrich what is being done locally.

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

Mayor Salinas noted he would be supporting the referral; highlighted the diplomatic work that was involved when he was transitioning to become the Mayor in interactions with members of the Ghazni and Funabashi Sister City committees and the meeting in 2023 with the Faro Sister City Committee; hoped that Council Member Zermeño and the City would invest more in building the relationship between the Hayward Council and Arandas and include the Council in the work done by the Arandas Committee ; and encouraged to use the Faro -Hayward relationship as a model moving forward.

Council Member Syrop requested that as part of the resolution to formalize the relationship a document be created to outline commitments and responsibilities of the relationship as the Council enters into the agreement.

It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried by the following roll call vote, to direct staff to draft a resolution for a Sister City Agreement with the City of Arandas in Jalisco, México.

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

ADJOURNMENT

Mayor/Chair Salinas adjourned the special joint meeting of the City Council and Hayward Public Finance Authority Board at 10:41 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward
Chair, Hayward Public Finance Authority Board

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
Secretary, Hayward Public Finance Authority Board

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-502
DATE: September 26, 2023
TO: Mayor and City Council
Hayward Redevelopment Successor Agency Board of Directors FROM: City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter into an Agreement Amending the Ground Lease Between the Hayward Redevelopment Successor Agency and 1069 B Street LLC California Limited Liability Company, as Successor in Interest to Cinema Place Hayward, LLC

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement to amend the ground lease between 1069 B Street LLC and the Hayward Redevelopment Successor Agency.

SUMMARY
In 2005, the Redevelopment Agency (RDA) entered into a ground lease with the Cinema Place developer, which expires in 2056. In 2007, the RDA entered into a Parking Lot Maintenance Agreement with the Cinema Place developer for Municipal Lot 3 (the City oversees the maintenance, including utilities, cleaning contracts, and facility updates). The lease and parking agreements were subsequently transferred to the Successor Agency and the current tenant: 1069 B Street, LLC. This staff report outlines a proposed amendment to the current ground lease to help mitigate some of the financial impacts of the COVID-19 pandemic.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/21/2023Page 1 of 1
powered by Legistar™

Page 1 of 3 ends

DATE: September 26, 2023

TO: Mayor and City Council
Hayward Redevelopment Successor Agency Board of Directors

FROM: City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter into an Agreement Amending the Ground Lease Between the Hayward Redevelopment Successor Agency and 1069 B Street LLC California Limited Liability Company, as Successor in Interest to Cinema Place Hayward, LLC

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement to amend the ground lease between 1069 B Street LLC and the Hayward Redevelopment Successor Agency.

SUMMARY

In 2005, the Redevelopment Agency (RDA) entered into a ground lease with the Cinema Place developer, which expires in 2056. In 2007, the RDA entered into a Parking Lot Maintenance Agreement with the Cinema Place developer for Municipal Lot 3 (the City oversees the maintenance, including utilities, cleaning contracts, and facility updates). The lease and parking agreements were subsequently transferred to the Successor Agency and the current tenant: 1069 B Street, LLC. This staff report outlines a proposed amendment to the current ground lease to help mitigate some of the financial impacts of the COVID-19 pandemic.

BACKGROUND AND DISCUSSION

Beginning with the onset of the COVID-19 pandemic in March 2020, the closing of non- essential commercial stores and indoor dining began in Alameda County. This closure also applied to movie theaters. In March 2021, theaters began in some locations to open in a very limited way. Since that time, the restrictions have been all but eliminated, but the impacts are still being felt by the industry. As of March 2023, Century Theaters which operates the Cinema Place movie theater, ,reported approximately a 60% reduction in customer attendance from pre-pandemic levels. These factors have made it very challenging for the theater to continue to operate in a fashion similar to the way it did in the pre-pandemic

Page 2 of 3 ends

economy. Because of this, Century Theaters, the theater’s operator, informed 1069 B Street LLC that, at the end of its lease on October 31, 2023, did not plan to renew its lease of the site and would cease operations at Cinema Place.

Since March of 2023, City staff have worked with representatives from 1069 B Street LLC and Century Theaters in an effort to avoid a closure of the theater at Cinema Place as this is an important business in the downtown corridor. Over recent months, 1069 B St LLC has been offering a reduced rent to Century Theater for three years to entice them to stay.

Century has tentatively agreed to the reduced terms and plans to remain in operation for at least three additional years.

The City also has an interest in keeping the theater in operation and 1069 B Street LLC and City staff have engaged in discussions to offer reductions in the annual amounts due to the Successor Agency. The parties have agreed to subsidize these payments in lieu with an amount estimated in value of $352,197.

These terms include:
• Abatement of rent and parking maintenance fees paid to Successor Agency for three years (Oct 1, 2023 to Sept 2026)
• Rent forgiven annually only if Century Theater remains fully operational • 1069 B Street must provide bi-annual updates on Century Theater's general performance and health, including sales data reporting.

STRATEGIC ROADMAP

This agenda item applies to Grow the Economy Strategic priority: 2b Engage owners and encourage activation of vacant sites. The proposed use will continue to keep a key site along the B Street corridor activated.

ECONOMIC IMPACT

This project supports the Economic Development Division team’s efforts to maintain and grow the economy and prevent a vacant downtown anchor site by ensuring active use. A direct quantification of the economic impacts is not estimable.

FISCAL IMPACT

The funding to make the Successor Agency whole, as required by the Alameda County Redevelopment Agency Oversight Board, is estimated at $352,197 over three years and will be allocated from the General Fund.

Page 3 of 3 ends

NEXT STEPS

Upon authorization by the City Council, staff will prepare agreements to execute with the business owner for the proposed ground lease amendment.

Prepared by: Dustin Claussen, Assistant City Manager

Recommended by: Paul Nguyen, Chief Economic Development Officer Dustin Claussen, Assistant City Manager

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 2 ends

REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF HAYWARD

RESOLUTION NO. RSA 23-____

Introduced by Agency Member __________

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

THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE

REDEVELOPNENT AGENCY OF THE CITY OF HAYWARD, AUTHORIZING THE

CITY MANAGER /EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEM ENT

AMENDING THE GROUNDL EASE BETWEEN THE HAYWARD
REDEVELOPMENT SUCCES SOR AGENCY AND 1069 B STREET LLC

CALIFORNIA LIMITED L IABILITY COMPANY, AS SUCCESSOR IN INTEREST

TO CINEMA PLACE HAYWARD, LLC

WHEREAS, in 2005, the Redevelopment Agency (RDA) entered into a ground lease with (Lease) the Cinema Place developer, which expires in 2056

WHEREAS, i n 2007, the RDA entered into a Parking Lot Maintenance Agreeme nt (Parking Agreement) with the Cinema Place developer for Municipal Lot 3; and

WHEREAS, the Lease and Parking Agreements were subsequently transferred to the Successor Agency and the current tenant, 1069 B Street, LLC (Levy).; and

WHEREAS, in March 2020 Federal, State, and Loca l branches of government issued orders regarding the state of emergency pertaining to the COVID-19 pandemic; and

WHEREAS, the COVID -19 orders resulted in closing non-essential commercial stores, indoor dining, and movie theaters such the local Centur y Theaters which operates Cinema Place; and

WHEREAS, while Cinema Place has re-opened, the theater reports approximately a 60% reduction in customer attendance from pre-pandemic levels; and

WHEREAS, in an effort to avoid closure of the Cinema Place and to prevent a vacant downtown anchor site , the City is interested in providing a financial assistance package that would incentivize Century Theaters from termin ating their lease, and , in stead encourage commitment of continued operation of, at minimum, the next three years.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward, acting as the Governing Board of the Successor Agenc y for the R edevelopment A gency of the City of Hayward, authorizing the City M anager/Executive Director to enter into an agreement with 1069 B Street LLC temporarily amending the obligations under the Lease and Parking Agreements, as set forth in the staff report attached to this resolution.

ATTACHMENT II

Page 2 of 2 ends

IN HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: BOARD MEMBERS:

CHAIR:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ATTEST: _________________________________________________ Secretary of the Redevelopment Successor
Agency of the City of Hayward

APPROVED AS TO FORM:

_______________________________________________
General Counsel of the Redevelopment
Successor Agency of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-514
DATE: September 26, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Awarding a Construction Contract to JJ Construction and Design, Inc., for the Municipal Parking Lot No. 11 Improvement, Project No. 05741 in the Amount of $384,098, and Authorizing a Construction Contingency Change Order Budget of $120,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II) awarding the construction contract to JJ Construction and Design, Inc. (JJ Construction) in the amount of $384,098 and authorizing a contingency change order budget of $120,000 for a total not-to-exceed contract amount of $504,098 for the Municipal Parking Lot No. 11 Improvement, Project No. 05741.

SUMMARY
On September 12, 2023, eleven (11) bids were received for the Municipal Parking Lot No. 11 (Muni Lot 11) Improvement Project, of which four (4) were local contractors from Hayward. JJ Construction of Hayward submitted the low bid in the amount of $384,098, which is 19.98% lower than the Engineer’s Estimate of $480,000. Bear Construction, Inc., of Hayward, submitted the second lowest bid in the amount of $430,530, which is 10.31% lower than the Engineer’s Estimate. Innovate Concrete, Inc., of San Jose, submitted the third lowest bid in the corrected amount of $430,571 which is 10.29% lower than the Engineer’s Estimate.

The project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 9/21/2023Page 1 of 1
powered by Legistar™

Page 2 of 4 ends

DATE: September 26, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Awarding a Construction Contract to JJ Construction and Design, Inc., for the Municipal Parking Lot No. 11 Improvement, Project No. 05741 in the Amount of $384,098, and Authorizing a Construction Contingency Change Order Budget of $120,000

RECOMMENDATION

That the Council adopts a resolution (Attachment II) awarding the construction contract to JJ Construction and Design, Inc. (JJ Construction) in the amount of $384,098 and authorizing a contingency change order budget of $120,000 for a total not-to-exceed contract amount of $504,098 for the Municipal Parking Lot No. 11 Improvement, Project No. 05741.

SUMMARY

On September 12, 2023, eleven (11) bids were received for the Municipal Parking Lot No. 11 (Muni Lot 11) Improvement Project, of which four (4) were local contractors from Hayward.

JJ Construction of Hayward submitted the low bid in the amount of $384,098, which is

19.98% lower than the Engineer’s Estimate of $480,000. Bear Construction, Inc., of Hayward, submitted the second lowest bid in the amount of $430,530, which is 10.31% lower than the Engineer’s Estimate. Innovate Concrete, Inc., of San Jose, submitted the third lowest bid in the corrected amount of $430,571 which is 10.29% lower than the Engineer’s Estimate.

Page 3 of 4 ends

BACKGROUND

This project is part of an annual pavement rehabilitation and preventive maintenance program for the City’s nine municipal parking lots. To further improve the much-needed public parking requirements in the Downtown area, improvements of all other Municipal Lots including Municipal Lot Nos. 1 through 8 have been completed. These improvements brought about not only the pavement and its aesthetic condition of the parking lots, but also added additional parking stalls, including accessible parking spaces for American with Disabilities Act (ADA) compliance, sidewalk for safe passage of pedestrian using the parking lot and lighting upgrades.

DISCUSSION

This project consists of improving the current condition of Muni Lot 11 by upgrading the parking configuration to City standards and ADA parking spaces requirements. Additional improvements include pavement rehabilitation, additional landscaping, additional LED parking lot lighting, parking stall striping, markings and signages.

Muni Lot 11 is in close proximity to the Downtown area servicing public parking needs for offices, banks, and retail establishments on Foothill Boulevard, Second Street, Russell Way and City Center Drive. Improvements to be performed with this project include the reconfiguration of the parking stalls to be in compliance with City standards and ADA requirements. On September 12, 2023, eleven (11) bids were received for the Municipal Parking Lot No. 11 (Muni Lot 11) Improvement Project. JJ Construction of Hayward submitted the low bid in the amount of $384,098, which is 19.98% lower than the Engineer’s Estimate of $480,000. Bear Construction, Inc., of Hayward submitted the second lowest bid in the amount of $430,530, which is 10.31% lower than the Engineer’s Estimate.

Innovate Concrete, Inc., of San Jose submitted the third bid in the corrected amount of $430,571 which is 10.29% lower than the Engineer’s Estimate.

On November 15, 2016, Council adopted 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 this Project is less than $1,000,000, the CWA does not apply.

ECONOMIC IMPACT

The improvement of the parking amenities will provide convenience for visitors to the Downtown area and may increase activity to nearby businesses.

The work has been scheduled to ensure that most parking stalls are available for use during construction in order to minimize impact on the downtown businesses.

FISCAL IMPACT

The estimated project costs are as follows:

Construction Contract $384,098
Construction Contingency $120,000
Landscaping – City Staff $60,000
Design and Administration $30,000
Construction Survey, Inspection and Testing $30,000
TOTAL $624,098

The Adopted FY23 Capital Improvement Program (CIP) includes $750,000 for the Muni Lot No. 11 Improvement Project No. 05741 in the Street System Improvements – Fund 450. This item has no impact on the General Fund.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap Priority to Invest in Infrastructure.

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

Invest in Multi-Modal Transportation
Project N1: Improve access and mobility in downtown Hayward.

SUSTAINABILITY FEATURES

This project upgrades the condition of the parking requirements, particularly the availability of accessible parking spaces and safe pathways.

The project requires the contractor to recycle all construction and demolition debris resulting from the construction of the project.

PUBLIC CONTACT

Immediately after the construction contract is awarded, a preliminary notice explaining the project will be distributed to the businesses adjacent to the limit of work. After the construction work has been scheduled, businesses will be notified at least seven-two hours prior to actual commencement of work.

NEXT STEP

Begin Construction October 16, 2023
Complete Construction December 21, 2024

Prepared by: Hector M. Leuterio, Assistant Civil Engineer Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________________
Kelly McAdoo, City Manager

Page 1 of 2 ends

ATTACHMENT II

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

RESOLUTION APPROVING CONSTRUCTION OF THE MUNICIPAL PARKING LOT NO. 11 IMPROVEMENT, PROJECT NO. 05741, AND AWARDING THE CONSTRUCTION CONTRACT TO JJ CONSTRUCTION AND DESIGN, INC.

WHEREAS, by Resolution No. 23-218 on August 15, 2023, the City Council approved the plans and specifications for the Municipal Parking Lot No. 11 Improvement, Project No. 05741, and called for bids to be received on September 12, 2023; and

WHEREAS, Eleven (11) bids were received, ranging from $384,098 to $568,600; JJ Construction and Design Inc., of Hayward, California submitted the lowest bid in the amount of $384,098, which is 19.9% lower than the Engineer’s Estimate of $480,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Hayward that the City Manager is authorized to award JJ Construction and Design, Inc., a construction contract for the Municipal Parking Lot No. 11 Improvement, Project No. 05741 in the amount of $384,098 with a contract change order budget of $ 120,000, for a total not -to-exceed contract amount of $504,098, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward at and for the price named and stated in the bid of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with JJ Construction and Design, 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.

Page 2 of 2 ends

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA ,2023.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

City Clerk of the City of Hayward

APPROVED AS TO FORM:

City Attorney of the City of Hayward

ATTACHMENT III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-517
DATE: September 26, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Finding the City’s Lease with the East Bay Regional Park District Allows the Hayward Marsh Restoration Project

RECOMMENDATION
That Council adopts a resolution (Attachment II) affirming the City’s intentions regarding a parcel of land leased to the East Bay Regional Park District for the Hayward Marsh Restoration Project.

SUMMARY
The Hayward Marsh is a 145-acre area on the Hayward Regional Shoreline that is managed by the East Bay Regional Park District (EBRPD). The marsh was used by the Union Sanitary District (USD) as additional treatment for its secondary treated wastewater since 1985. USD is no longer using the marsh for that purpose and EBRPD seeks to restore it to provide wildlife habitat, flood protection, and improved public access. A four-acre portion of the northeast corner of the property is owned by the City and leased to EBRPD, and the lease is set to terminate in 2031. Staff is seeking Council confirmation that the current lease terms and conditions allow the restoration project and that the lease should be renewed in 2031 for another 25 years.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Maps
CITY OF HAYWARD Printed on 9/21/2023Page 1 of 1
powered by Legistar™

Page 1 of 4 ends

DATE: September 26, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Finding the City’s Lease with the East Bay Regional Park District Allows the Hayward Marsh Restoration Project

RECOMMENDATION

That Council adopts a resolution (Attachment II) affirming the City’s intentions regarding a parcel of land leased to the East Bay Regional Park District for the Hayward Marsh Restoration Project.

SUMMARY

The Hayward Marsh is a 145-acre area on the Hayward Regional Shoreline that is managed by the East Bay Regional Park District (EBRPD). The marsh was used by the Union Sanitary District (USD) as additional treatment for its secondary treated wastewater since 1985.

USD is no longer using the marsh for that purpose and EBRPD seeks to restore it to provide wildlife habitat, flood protection, and improved public access. A four-acre portion of the northeast corner of the property is owned by the City and leased to EBRPD, and the lease is set to terminate in 2031. Staff is seeking Council confirmation that the current lease terms and conditions allow the restoration project and that the lease should be renewed in 2031 for another 25 years.

BACKGROUND

The majority of Hayward Marsh is owned by the EBRPD and has been used by the Union Sanitary District (USD) since 1985 as additional treatment for its secondary treated wastewater. The marsh consists of five managed ponds controlled by a series of tide gates and channels and includes islands for federally listed nesting birds, including endangered California least terns and Western snowy plovers. Over the years the ponds have silted in reducing the original design capacity to support favorable conditions for wastewater treatment and wildlife habitat therefore USD is no longer using the marsh for discharge of its wastewater. The location of the existing Hayward Marsh is shown in Attachment III and the four-acre parcel owned by the City is shown below in Figure 1.

Page 2 of 4 ends

Figure 1. Location Map

DISCUSSION

The Hayward Marsh Restoration Project1 is identified in the Hayward Regional Shoreline Adaptation Master Plan2 as one of many projects intended help improve resiliency to sea level rise. In addition, EBRPD seeks to implement the restoration project to provide wildlife habitat enhancements, improved public access and flood protection for the City and EBRPD. Project improvements will include widening of the Bay-side levee which currently supports the San Francisco Bay Trail to protect the trail from erosion and flooding and enhance the trail’s longevity. The Marsh’s existing central levee will be raised to protect tidal marsh habitat, salt pannes, and new nesting bird islands from sea level rise; and new upland habitat will be created behind this raised levee to allow the marsh to migrate as sea level increases. The restoration plan is shown in Attachment III, page 3.

A four-acre portion of Pond 1 is owned by the City and leased to EBRPD. In 1982, the City entered into a lease agreement with EBRPD for an approximately four-acre parcel shown in Attachment II, page 4. The project plans call for Pond 1 to be converted to uplands and seasonal wetlands. Before EBRPD continues to spend significant resources preparing detailed design plans, staff is seeking confirmation that the current lease terms and conditions allow the proposed work and that the lease may continue for another 25 years beyond its current expiration date.

1 https://www.ebparks.org/projects/restore-hayward-marsh-project 2 http://www.hayward-ca.gov/shoreline-master-plan

Page 3 of 4 ends

Term of Lease Agreement – The initial 1982 lease agreement was for a 25-year term, which ended in 2007. The agreement states the lease is to be automatically renewed for an additional term of 24 years, so it will be up for renewal in 2031. The agreement states that either party may give written notice of nonrenewal at least six months prior to expiration.

Given the significant investment EBPRD is making in the property, staff would like to confirm that Council supports extending the lease. If extended for another 25 years, the new expiration would be in 2056.

Use of Property – The lease agreement states, “premises leased to District shall be utilized for wildlife habitat and recreational activities pursuant to plans prepared by District and approved by City”. The language refers to plans that were prepared prior to the lease agreement. Staff recommends that the language be interpreted to also allow for new plans such as those that may be prepared to implement projects identified in the Hayward Regional Shoreline Adaptation Master Plan. In this case, the District would prepare plans to accompany a Grading Permit application for the City’s review.

Grading Permit & Truck Access – According to EBRPD’s preliminary design, the project will require approximately 800,000 cubic yards of fill. This would require more than 30,000 truck trips over a two to three-year period. EBRPD originally proposed a truck access route that would pass through the City’s Water Pollution Control Facility (WPCF). Given the significant impact this would cause to the City’s property, staff strongly recommends against allowing the Park District to use any part of the WPCF for truck access. The Grading Permit application will include details showing how the grading and importing of fill will be accomplished. The District will need to show a truck access route that will not impact any portion of the City’s WPCF before a Grading Permit application will be accepted for consideration.

ECONOMIC & FISCAL IMPACT

The use of the City’s four-acre parcel by the EBRPD for the Hayward Marsh Restoration project will not have any economic or fiscal impacts to the City.

STRATEGIC ROADMAP

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

Mitigate Climate Crisis Impacts through Resilient Design and Community Engagement Project C13 Work with HASPA partners to seek grant funding to implement the Shoreline Master Plan and provide an update to Council.

The Hayward Marsh Restoration project is one of the projects identified in the Hayward Regional Shoreline Adaptation Master Plan.

Page 4 of 4 ends

SUSTAINABILITY FEATURES

The Hayward Marsh Restoration project would improve wildlife habitat, flood protection and resiliency to sea level rise.

PUBLIC CONTACT

The EBRPD held a public workshop to present the restoration alternatives on October 26, 2021. Approximately thirty stakeholders attended the meeting and their comments are included in the meeting summary3.

NEXT STEPS

If Council adopts the attached resolution and after an acceptable truck access plan is agreed upon, EBRPD will submit a Grading Permit application for the City’s review.

Prepared by: Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________
Kelly McAdoo, City Manager

3 https://www.ebparks.org/sites/default/files/SummaryPacketRestoreHaywardMarsh.pdf

ATTACHMENT II

Page 1 of 2 ends

HAYWARD CITY COUNCIL

RESOLUTION NO. 23-_____

Introduced by Council Member

RESOLUTION FINDING THE CITY’S LEASE WITH THE EAST BAY REGIONAL

PARK DISTRICT ALLOWS THE HAYWARD MARSH RESTORATION PROJECT

WHEREAS, the Hayward Marsh is a 145-acre area on the Hayward Regional Shoreline that is managed by the East Bay Regional Park District (EBRPD); and WHEREAS, the Hayward M arsh was used by the Union Sanitary District (USD) as additional treatment for its secondary treated wastewater since 1985; and

WHEREAS, USD is no longer using the marsh and EBRPD seeks to restore it to provide wildlife habitat, flood protection and improved public access by implementing the Hayward Marsh Restoration Project; and

WHEREAS, a four -acre portion of the northeast corner of the Hayward Marsh , a portion of Assessor’s Parcel Number 438-0080-013-06, is owned by the City of Hayward and leased to EBRPD; and
WHEREAS, on May 11, 1982, Council approved the current lease by adopting Resolution 82-153; and
WHEREAS, the lease was executed on July 14, 1982, automatically renewed in 2007, and is scheduled to expire on July 14, 2031.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward finds the proposed Hayward Marsh Restoration Project is allowed by and is consistent with the terms and conditions of the current lease.

BE IT FURTHER RESOLVED that the City Council finds that the current lease should be extended beyond 2031 for at least another 25 years.

BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager to prepare a lease extension for Council’s consideration before the current lease expires in 2031.

Page 2 of 2 ends

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
Vicinity Map
1 ATTACHMENT III
Existing Conditions
2 Attachment III
3 Attachment III
Area of 4-acre Lease
City of Hayward
Water Pollution
Control Facility
Portion of Pond 1
Leased to EBRPD
4 Attachment III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 23-034
DATE: September 26, 2023
TO: Mayor and City Council
FROM: Acting Chief of Police

SUBJECT
Spectator Ordinance Modifications: Consider Ordinance Changes Amending Chapter 4, Article 12 of the Hayward Municipal Code Relating to Spectators at Illegal Speed Contests and Exhibitions of Speed to Include Sideshows

RECOMMENDATION
That the City Council discusses and considers amendments (Attachment II) to the Spectator Ordinance in Chapter 4, Article 12 of the Hayward Municipal Code (“HMC”) to include the definition of “sideshows” and ability to regulate sideshow spectators, to align with the Legislature’s 2021 adoption of the definition of “sideshow(s)” under Assembly Bill (“A.B.”) No. 3.

SUMMARY
While, under current law, driving unsafely during sideshows is illegal, generally, being a spectator at a sideshow is not. Given the recent rise in the number of dangerous sideshows occurring throughout California, cities and counties have begun creating local ordinances as mechanisms to allow for the regulation of spectators at sideshows. This is because subject matter experts from cities across the country unanimously agree that if spectators can be curbed from attending these events, drivers will either stop holding these extremely dangerous shows or relocate to places they can find an audience.

The City of Hayward already has what is referred to as a “Spectator Ordinance,” (Article 12 of Chapter 4 of the HMC) that allows the City to regulate spectators. However, the current Spectator Ordinance, which was adopted in 2009, is deficient as it only covers spectators who are present at what are commonly known as drag races or speed contests. It does not currently allow for the regulation of spectators at sideshows. The proposed amendments, attached hereto, would cure this deficiency by updating the Spectator Ordinance to include the same definition of “sideshows” used by the Legislature in AB 3, introduced recently, in 2021 due to the increased prevalence of sideshows in California.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 9/21/2023Page 1 of 2
powered by Legistar™
File #:WS 23-034
Attachment II Proposed Ordinance Amendment
CITY OF HAYWARD Printed on 9/21/2023Page 2 of 2
powered by Legistar™

Page 1 of 5 ends

DATE: September 26, 2023

TO: Mayor and City Council

FROM: Acting Chief of Police

SUBJECT: Spectator Ordinance Modifications: Consider Ordinance Changes Amending Chapter 4, Article 12 of the Hayward Municipal Code Relating to Spectators at Illegal Speed Contests and Exhibitions of Speed to Include Sideshows

RECOMMENDATION

That the City Council discusses and considers amendments (Attachment II) to the Spectator Ordinance in Chapter 4, Article 12 of the Hayward Municipal Code (“HMC”) to include the definition of “sideshows” and ability to regulate sideshow spectators, to align with the Legislature’s 2021 adoption of the definition of “sideshow(s)” under Assembly Bill (“A.B.”) No.

3. SUMMARY

While, under current law, driving unsafely during sideshows is illegal, generally, being a spectator at a sideshow is not. Given the recent rise in the number of dangerous sideshows occurring throughout California, cities and counties have begun creating local ordinances as mechanisms to allow for the regulation of spectators at sideshows. This is because subject matter experts from cities across the country unanimously agree that if spectators can be curbed from attending these events, drivers will either stop holding these extremely dangerous shows or relocate to places they can find an audience.

Page 2 of 5 ends

BACKGROUND

The proliferation and sophistication of “sideshows” have advanced dramatically in the last few years. They have gone from small gatherings in industrial areas during early morning weekend hours, to taking over large intersections during broad daylight with hundreds of spectators livestreaming the event directly to social media. They often attract other criminal elements and the drivers/spectator’s coordination around law enforcement’s response has become increasingly complex. Subject matter experts from cities across the country unanimously agree that if spectators can be curbed from attending, drivers will stop or relocate to places where they can find an audience.

In response to the recent increase of sideshows in California, in January of 2021, the California Legislature passed A.B. 3, which amended Section 23109(i)(2) of the California Vehicle Code, to include the following definition of “sideshow” (and increased penalties for drivers who participate in sideshows):

For purposes of this section, “sideshow” is defined as an event in which two or more persons block or impede traffic on a highway or in an off-street parking facility, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators.

California Vehicle Code § 23109(i)(2).

The City believes that including the Legislature’s definition of “sideshow(s)” in the City’s Spectator Ordinance will assist HPD in curbing the number of dangerous sideshows that occur in Hayward. While under state law, the City of Hayward can regulate drivers for driving recklessly while engaging in sideshows per the provisions of the Vehicle Code, the Vehicle Code does not provide any mechanism by which the City can regulate spectators at these illegal shows. As such, since the introduction of A.B. 3, numerous cities and counties have created what are known as “Spectator Ordinances,” as mechanisms by which cities and counties can regulate spectators at these dangerous illegal shows.

As previously mentioned, Hayward already has a Spectator Ordinance, which the City adopted in 2009. However, the current ordinance relates solely to speed or drag races, and does not cover what the Legislature has now defined as “sideshows.” Thus, in order to be able to fully regulate spectators at all illegal driving shows, including sideshows, the City is proposing minor amendments to the current Spectator Ordinance, to include the definition of “sideshows.”

DISCUSSION

As the Spectator Ordinance currently stands, HPD can only cite/arrest spectators if the spectator is present at an event involving “illegal motor vehicle speed contests” or “illegal exhibitions of speed.” Under California law, “a person engages in an exhibition of speed when

Page 3 of 5 ends

he or she accelerates or drives at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else.”

Based on this definition, there would need to be some use of a dangerous or unsafe acceleration of speed during the sideshow for a spectator at the sideshow to fall within the purview of Hayward’s Spectator Ordinance. For instance, without amendment, the City would not be able to regulate spectators at an event in which a car was not speeding, but was driving on the opposite side of the street or up and off of the sidewalk as a part of the show, since there is no element of unlawful speed.

The minor edits suggested by staff, which align with the Legislature’s intent to allow for further regulation of sideshows, would close this gap making it clear that the City can regulate any and all spectators at both a speed racing event, and a sideshow event, creating a safer environment for residents of Hayward.

Summary of Minor Updates to Ordinance

To make up for this enforcement gap, staff have added the following types of minor updates to the current Spectator Ordinance:

1. The Ordinance currently references California Vehicle Code § 23109, which makes the exhibition of speed unlawful and includes the new definition of “sideshow.” Staff have amended the Ordinance to also include reference to California Vehicle Code § 23103, which penalizes “reckless driving,” in order to better capture all types of unsafe driving used during sideshows;

2. Language was inserted into Sec. 4-12.001 "Purpose" to provide information on the importance of regulating sideshows and those who attend them as spectators, including information about the prevalence, popularity and dangerous nature of sideshows;

3. The Definitions of “sideshow(s)” and “reckless driving” were added to Sec. 4-12.002.

The purpose of adding these definitions is to both broaden the City’s ability to regulate all dangerous driving behavior being performed for the purpose of spectating, and to provide potential spectators notice of what the unlawful behavior entails;

4. The definition of the term “present” was inserted into Sec. 4-12.002, to provide notice to both City staff and potential violators when their “presence” at a sideshow is unlawful. Specifically defining these terms is what ensures that the standards are not unconstitutionally vague;

5. The terms “sideshow,” and “reckless driving” were added to Sec. 4-12.003, which summarizes the potential criminal/administrative penalties for violating the Ordinance;

6. The terms “sideshow” and “reckless driving” were added to Sec. 4-12.004, which provides for “relevant circumstances to prove [a] violation”; and

7. The terms “sideshow” and “reckless driving” were added to Sec. 4-12.005, which discusses the admissibility of prior acts to prove a violation.

Page 4 of 5 ends

Enforcement/Penalties

The Hayward Police Department (HPD) would be responsible for enforcement of this Ordinance. Under the Ordinance, HPD has the option of providing a written warning (warning citation) or enforcing the Ordinance criminally or administratively. If HPD decides to enforce the Ordinance criminally, a spectator unlawfully attending an illegal vehicle sideshow may be charged with a misdemeanor, subject to a maximum of six (6) months in jail and a fine of one thousand dollars ($1,000).

If HPD chooses to enforce the Ordinance administratively, a first violation of the Ordinance would result in an administrative citation with a five hundred ($500) fine. A second violation would result in an administrative citation and a seven hundred fifty dollar ($750) fine. A third/any subsequent violation(s) would result in an administrative citation with a one thousand dollar ($1,000) fine. The City would need to issue a notice of violation within thirty (30) days of the violation, which the violating person can then challenge via the administrative hearing process set forth in Article 7 of Chapter 1 of the Hayward Municipal Code.

This Ordinance has been in place since 2009 and has been used primarily to educate and deter potential violators. The goal in updating this Ordinance is to provide the City with a variety of options to address the safety concerns associated with sideshows and to serve as a deterrent for would be participants and spectators. These options include the issuance of warning citations, administrative citations, and/or criminal citations by the HPD. The City recognizes the concerns associated with an Ordinance designed to include the potential enforcement of spectators; however, the need for multiple enforcement options in the interest of community safety outweighs them. These options are not designed for use on individuals or groups protected by State and Federal law, nor would they be used to disproportionately impact such individuals or groups. The Ordinance includes very specific language, identifies very specific conduct, and identifies very specific processes for appealing a violation, which can ensure the constitutionality of the Ordinance as well as the equal enforcement of it.

Staff are seeking Council’s guidance on the proposed changes to the Ordinance as well as suggestions for addressing the unique challenges associated with sideshows through the use of this Ordinance.

FISCAL IMPACT

There is no fiscal impact associated with this item.

STRATEGIC PRIORITIES

This agenda item relates directly to the Council’s Strategic Initiative to Enhance Community Safety & Quality of Life as it relates to the cleanliness and blight reduction goals. It would also have secondary benefits to the initiatives focusing on Confronting Climate Crisis & Champion

Page 5 of 5 ends

Environmental Justice by reducing greenhouse gases and Investing in Infrastructure by protecting our City-Owned facilities & Property.

NEXT STEPS

Following this work session, staff will make the appropriate changes to the ordinance language and would then return to Council for introduction and adoption of the updated Ordinance.

Prepared by: Dan Olsen, Patrol Division Captain and Amy Rothman, Deputy City Attorney

Recommended by: Bryan Matthews, Acting Chief of Police

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

ORDINANCE No. 23-
ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING CHAPTER 4, ARTICLE 12 OF

THE HAYWARD MUNICIPAL CODE REGARDING SPECTATORS AT ILLEGAL SPEED

CONTESTS AND EXHIBITIONS OF SPEED
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Chapter4, Article 12 of the Hayward Municipal Code is amended to read as follows:

ARTICLE 12 SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS, SIDESHOWS, AND

EXHIBITIONS OF SPEED

SEC. 4-12.001 PURPOSE.

The Council for the City of Hayward finds and declares as follows:

Pursuant to California Vehicle Code Sections 23103 and 23109, motor vehicle speed contests, sideshows and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races. Streets within the City of Hayward have been the site of continuing and escalating illegal street racing and sideshows over the past several years. Such street racing conduct threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City of Hayward.

The illegal street races occur on a regular basis on various streets within the City. Hundreds of racers and spectators gather on the streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process.

Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers drive quickly from street to street, race for several hours, and then move to other locations upon the arrival of police. Those who participate in this illegal activity are very sophisticated, using their cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. They also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. Traffic accidents, property crimes and calls for police service have increased.

In most cases, illegal street races attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities can flourish. In 2008 alone the Hayward Police Department had over eighty (80) documented calls for service for street racing incidents. Many of these incidents revealed from seventy-five (75) to over two hundred (200) vehicles involved in street racing where the informants reported nearly being hit by street racing vehicles, roads being blocked, traffic control devices being ignored and a clear danger being presented by the activities. Speeds have been estimated at 75—100 MPH by those reporting the activity.

ATTACHMENT II

Sideshows occur on a regular basis on various streets within the City. Hundreds of drivers and spectators gather on the streets late at night and in the early morning hours, blocking the streets, sidewalks, and off-street parking facilities to traffic. Sideshow drivers perform motor vehicle stunts, use dangerous and unsafe acceleration of speed, and other reckless driving without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby and do so to show off or make an impression on spectators.

Sideshow drivers and spectators drive quickly from street to street, perform their stunts, and then move to other locations upon the arrival of police. Those who participate in this illegal activity are very sophisticated, using their cell phones, police scanners, social media, and other electronic devices to communicate with each other to avoid arrest. They also use the Internet to provide information on where to gather and when and give advice on how to avoid detection and prosecution. Violent crimes, traffic accidents, property crimes and calls for police service have increased, and sideshows have gained popularity. In most cases, sideshows attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal driving stunts and creates an environment in which these illegal activities can flourish.

This article makes evidence of specified prior acts admissible to show the propensity of the defendant to be present at or attend illegal street races and/or sideshows, if the prior act or acts occurred within three (3) years of the presently charged offense. This article is adopted to prohibit spectators at illegal street races and/or sideshows with the aim of significantly curbing this criminal activity. The article targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing, participating in or spectating at illegal street races and/or sideshows will be discouraged.

SEC. 4-12.002 DEFINITIONS.
(a) "Illegal motor vehicle speed contests" or "illegal exhibitions of speed" means any speed contest of exhibitions of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).
(b) “Sideshow” means any unlawful reckless driving or exhibition of speed as defined by California Vehicle Code Sections 23103 and 23109, including but not limited to an event in which two or more persons block or impede traffic on a highway or in an off-street parking facility, for the purpose of performing motor vehicle stunts, including but not limited to deliberately driving in circles at high rates of speed until vehicle wheels break or lose traction with the roadway, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. (California Vehicle Code Sections 23109(i)(2)) (c) “Reckless driving” means any driving which comes within the confines of California Vehicle Code Section 23103, including sideshows, illegal motor vehicle speed contests, illegal exhibitions of speed and speed racing.
(d) "Preparations" for the "illegal motor vehicle speed contest", "exhibition of speed", or “sideshow” include, but are not limited to situations in which:
(1) A group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being "spectators" at the event;
(2) A group of individuals has lined one (1) or both sides of the street or highway for the purpose of participating in or being a "spectator" at the event;

ATTACHMENT II

(3) A group of individuals has gathered on private property open to the general public without the consent of the owner, operator or agent thereof for the purpose of participating in or being a "spectator" at the event;
(4) One (1) or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event;
(5) Two (2) or more vehicles have lined up with motors running for an "illegal motor vehicle speed contest" or "exhibition of speed";
(6) One (1) or more drivers is revving his engine or spinning his tires in preparation for the event; or
(7) An individual is stationed at or near one (1) or more vehicles serving as a race starter. (e) "Spectator" means any individual who is present at an "illegal motor vehicle speed contest," or "exhibition of speed," “sideshow” or other “reckless driving” exhibition or at a location where "preparations" are being made for such activities, for the viewing, observing, watching, or witnessing the event as it progresses. "Spectator" includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
(f) A person is “present” at the “illegal motor vehicle contest,” “exhibition of speed,” “sideshow,” or other “reckless driving” exhibition, if that person is within two hundred (200) feet of the location of the race or exhibition, or within two hundred (200) feet of the site of the Preparations for those activities.

SEC. 4-12.003 SPECTATOR AT ILLEGAL SPEED CONTEST OR EXHIBITION OF SPEED— CRIMINAL VIOLATIONS; ADMINISTRATIVE CITATIONS.
(a) Any individual who is knowingly present as a "spectator," either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition, is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of one thousand dollars ($1,000.00).
(b) Any individual who is knowingly present as a "spectator," either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where "preparations" are being made for an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of one thousand dollars ($1,000.00).
(c) An individual is present at the "illegal motor vehicle speed contest," "exhibition of speed," or “sideshow” if that individual is within two hundred (200) feet of the location of the event, or within 200 feet of the location where "preparations" are being made for the event. (c) As an alternative to criminal enforcement of the provisions of this Article, the Chief of Police (or his or her designee), at his or her discretion, may issue an administrative citation for a violation of this Article. A first violation of this Article shall result in an administrative citation with a five hundred dollar ($500.00) fine. A second violation shall result in an administrative citation with a seven hundred fifty dollar ($750.00) fine. A third or

ATTACHMENT II

subsequent violation shall result in an administrative citation with a one thousand dollar ($1,000.00) fine.

The Chief of Police (or his or her designee) shall give notice of a violation of this Article by issuing the administrative citation to any and all responsible persons identified by the Chief of Police within thirty (30) days of the violation. The issuance and enforcement of an administrative citation shall be subject to the processes and procedures set forth in Article 7 of Chapter 1 of this Code.

Exemption: Nothing in this section prohibits law enforcement officers or their agents from being "spectators" at an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition in the course of their official duties."

SEC. 4-12.004 RELEVANT CIRCUMSTANCES TO PROVE VIOLATION. (a) The time of day;
(b) The nature and description of the scene;
(c) The number of people at the scene;
(d) The location of the individual charged in relation to any individual or group present at the scene;
(e) The number and description of motor vehicles at the scene; (f) That the individual charged drove or was transported to the scene; (g) That the individual charged has previously participated in an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition; (h) That the individual charged has previously aided and abetted an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition; (i) That the individual charged has previously attended an an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition; (j) That the individual charged previously was present at a location where "Preparations" were being made for an “illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition or where an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition was in progress.

SEC. 4-12.005 ADMISSIBILITY OF PRIOR ACTS.

The list of circumstances set forth in Sec. 4-12.004 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or attend an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that an an "illegal motor vehicle speed contest," "exhibition of speed," “sideshow,” or other “reckless driving” exhibition was taking place at the time of the presently charged offense.

Prior acts are not limited to those that occurred within the City of Hayward.

ATTACHMENT II

Section 2. California Environmental Quality Act (CEQA). The City Council independently finds and determines that this action is exempt from CEQA pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code; and, under Section 15061(b)(3) of the CEQA Guidelines, as an activity that is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

The general exemption applies in this instance because it can be seen with certainty that there is no possibility that the proposed amendments could have a significant effect on the environment, and thus are not subject to CEQA. Thus, it can be seen with certainty that the proposed project would not have a significant effect on the environment.

Section 3. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

Section 4. This Ordinance shall become effective thirty (30) days after adoption by the City Council.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the ___ day of __, 2023, by Council Member _______,

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

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Hayward City CouncilSeptember 26, 2023

Hayward City Council
September 26, 2023