Council Packet — Hayward City Council, October 24, 2023

Tuesday, October 24, 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

October 24, 2023City Council Agenda

CITY COUNCIL MEETING
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:
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Password: CC1024@7pm
or
Dial: +1 669 900 6833
Meeting ID: 826 8521 3541
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CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Syrop
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

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October 24, 2023City Council Agenda

CLOSED SESSION ANNOUNCEMENT

PRESENTATION
Presentation of Eden Area Regional Occupational Program Center’s Business Partner of the Year Award and Certificates to Food Action Plan Interns

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes your 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, your item will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated.

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 City Council Meeting on October 10, 2023
MIN 23-1081.

Attachments: Attachment I Draft Minutes of 10/10/2023
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $265,000 in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department CONS 23-5262.

Attachments: Attachment I Staff Report
Attachment II Resolution

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October 24, 2023City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 4 to the Professional Services Agreement with Gray-Bowen-Scott for Transportation Engineering Services in the Amount of $99,000, for a Total Not-To-Exceed Amount of $369,000 and Extending the Termination Date to June 30, 2024.

CONS 23-5333.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions Authorizing the City Manager to Execute First Amendments to the Professional Services Agreements with Willdan Engineering and SNG & Associates, Increasing the Agreements by $200,000 Annually for a Total Not-To-Exceed Amount of $350,000 Per Firm, for On-Call Construction
Inspections Services for the Existing Term of the Agreements CONS 23-5554.

Attachments: Attachment I Staff Report
Attachment II Resolution for Willdan Engineering
Attachment III Resolution for SNG & Associates
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $12,057 Received from Insurance Claims
Reimbursements to be Used by the Hayward Fire Department to Replace Emergency Services Shelter Equipment
CONS 23-5575.

Attachments: Attachment I Staff Report
Attachment II Resolution

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.

Hayward Food Action Plan: Review and Discuss Findings and Staff’s Proposed Next Steps Regarding the Hayward Food
Action Plan (Report from Assistant City Manager Youngblood) WS 23-0416.

Attachments: Attachment I Staff Report
Attachment II Summary of Findings
Attachment III Proposed Food Recovery Actions

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October 24, 2023City Council Agenda
Police Community Advisory Panel Recommendations: Review and Discuss Community Services Commission and Community Advisory Panel Ad Hoc Committee’s Recommendations for
Changes to the Police Community Advisory Panel (Report from City Manager McAdoo and Acting Police Chief Matthews)
WS 23-0387.

Attachments: Attachment I Staff Report
Attachment II Ad Hoc Committee Meeting Minutes

LEGISLATIVE BUSINESS
Council Member Handbook: Adopt a Resolution Approving
Modifications and Edits to the Council Member Handbook
(Report from City Manager McAdoo, City Attorney Lawson, and City Clerk Lens)
LB 23-0398.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Council Member Handbook
Attachment IV Council Appointed Officials Handbook

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.

ADJOURNMENT
NEXT MEETING, November 7, 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.

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October 24, 2023City Council Agenda

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

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-108
DATE: October 24, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on October 10, 2023

RECOMMENDATION
That the Council approves the Special City Council meeting minutes of October 10, 2023.

SUMMARY
The City Council held a meeting on October 10, 2023.

ATTACHMENTS
Attachment I Draft Minutes of October 10, 2023
CITY OF HAYWARD Printed on 10/20/2023Page 1 of 1
powered by Legistar™

The Special City Council meeting was called to order by Mayor Salinas at 7:05 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Goldstein

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

Absent: None

Mayor Salinas read a land acknowledgement for the Ohlone people.

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on October 10, 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)(2) regarding one matter based on facts and circumstances that are likely to result in litigation; 2) conference with legal counsel pursuant to Government Code section 54956. 9(d)(1) regarding City of Hayward v. County of Alameda, et al., Alameda County Superior Court, Case No. 23CV036712; 3) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Mitchell Engineering, Inc. v.

City of Hayward, Alameda County Superior Court, Case No. 22CV011334; and 4) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Roe v.

Montenegro, et al., Alameda County Superior Court, Case No. 22CV010050. Attorney Lawson reported the Council discussed all items and took no reportable action. The closed session adjourned at 6:55 p.m.

PRESENTATION

Mayor Salinas read a Proclamation acknowledging the second Monday of October, October 9, 2023, as Indigenous Peoples’ Day in the City of Hayward and urged all to take the time to deepen their understanding of history, cultural significance, sacrifices, resilience, and contributions of the Indigenous People. Mayor Salinas presented the Indigenous Peoples' Day Proclamation to Muwékma Ohlone Tribal Vice Chairwoma n Monica Arellano and Muwékma Ohlone Tribal Youth Ambassador Lucas Arellano. Monica Arellano greeted the City Council in her native language and along with her son , Lucas Arellano , thanked the Council for the special recognition.

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PUBLIC COMMENTS

Alameda County Supervisor Márquez invited all to attend a community meeting on October 16, 2023, at the Downtown Library, to discuss a bay area affordable housing bond currently proposed for the November 2024 ballot.

TJ with Concerned Citizens urged the City to schedule a work session on the benefits of bringing red light cameras back to Hayward and address continued challenges with traffic problems at intersections.

Peggy Guernsey thanked the Council for the work done addressing a variety of City problems.

Marshawn Wesley, Hayward High School student, invited the Council to attend his school’s Downtown Rally parade on October 13, 2023, requested a space for young aspiring actors in the community to showcase their talent, and asked for help with fundraising for a school trip to Scottland.

South Hayward Now/Ahora member echoed comments of appreciation for the work done by the Council, noted support for the St. Regis project with some concerns, and requested that staff address issues with certain traffic lights that were no longer automatic or were delayed.

CITY MANGAGER’S COMMENTS

City Manager McAdoo thanked the public for comments of appreciation stating that staff were ready to support the community and to make it a better place for all.

CONSENT

1. Approve the Minutes of the Special Joint Meeting of the City Council and the Hayward Redevelopment Successor Agency Board on September 26, 2023 MIN 23-101 It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously, to approve the minutes of the Special Joint City Council and the Hayward Redevelopment Successor Agency Board Meeting on September 26 , 2023 , with edits as indicated on the memorandum and as suggested by Council Member Syrop.

2. Adopt a Resolution Accepting Modifications to the City of Hayward Records Retention Program (Policy and Schedule) CONS 23-503

Staff report submitted by City Clerk Lens and City Attorney Lawson, dated October 10, 2023, was filed.

It was moved by Council Member Syrop, seconded by Council Member Roche, 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 -233, “ Resolution Adopting the Recommended Revisions to the Records Retention Program Policy and Schedule”

3. Adopt a Resolution Authorizing the Formation of the Hayward Economic Development Corporation as a Nonprofit Public Benefit Corporation; and Finding the Action is Exempt from CEQA Review CONS 23-523

Staff report submitted by Assistant City Manager Claussen, dated October 10, 2023, was filed.

It was moved by Council Member Syrop, seconded by Council Member Roche, 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 23-234, “A Resolution of the City Council of the City of Hayward Authorizing the Formation of the Hayward Economic Development Corporation as a Nonprofit Public Benefit
Corporation”

City Clerk Lens noted for the public that Spanish interpretation was being provided for Public Hearing - Item 4 via Zoom in Conference Room 2A and shared the process for individuals to follow to turn on the Zoom interpretation feature.

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PUBLIC HEARING

4. Sidewalk Vendor Program: Introduce an Ordinance Related to Text Amendments to the Hayward Municipal Code and the Traffic Code and Adopt a Resolution Supporting the Proposed Text Amendments to Establish Regulations and Guidelines for Sidewalk Vendors in the City of Hayward, Consistent with SB 946, the “Safe Sidewalk Vending Act” of the State of California; and Finding that the Action is Exempt from CEQA Review (Report from Director of Development Services Buizer) PH 23-038

Staff report submitted by Development Services Director Buizer, dated October 10, 2023, was filed.

Senior Planner Thompson and Assistant Planner Ochoa provided a synopsis of the staff report.

Members of the City Council thanked City staff for the work done related to the sidewalk vendor program.

Mayor Salinas stated the Council support ed street vendors as well as brick and mortar restaurants/businesses, and the City’s goal was to align the proposed ordinance with the State’s regulations by listening to neighborhoods and stakeholders.

Discussion and clarification ensued among members of the City Council and City staff regarding: bathrooms and handwashing w ere covered under the California Health and Safety Code (CHSC) and enforced by the Alameda County Department of Health (ACDH); open flames would be a violation of CHSC; SB 946 allowed sidewalk vendors to have distance requirements from restaurants as long as they were tied to objective public health, safety and welfare standards and not based upon an economic competition; sidewalk vending is prohibited on roadway medians; certain merchandise already prohibited by federal, state, or local law from being vended will continue to be prohibited; it is recommended that a vending permit fee be waived because it appeared there would be no significant time needed to administer the program but staff would track the number of permits and reevaluate a fee in the future; staff had a conversation with the Hayward Area Recreation and Park District , noting there could be a potential space at one of the parks for sidewalk vendors to congregate; vendors would have to report sales information to the City and be required to pay taxes as a part of the annual business license process ; staff was planning to engage a community-based organization to hold workshops for sidewalk vendors and to produce handouts in multiple languages; vendors operating out of their vehicles would be subject to the Peddler Ordinance; during the permitting process, a vendor could provide locations they plan to occupy and on what days; vending on private property is subject to regulations in the Zoning Ordinance; staff would provide a checklist of items needed to get a permit and did not envision an onerous or cumbersome process; the concessionaire exception was contained in the Senate Bill and as the vendor entered into a contractual relationship, the City had obligations to meet ; it was staff’s understanding that for prepackaged food items, a Mobile Food Facility Permit was required ; a valid California Department of Tax and Fee Administration seller's permit must accompany the Sidewalk Vending Permit application; while the location of where education would be held was not identified, staff would look into

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 10, 2023, 7:00 p.m.
busy areas of vending activity; staff was planning to individually inform sidewalk vendors of the permitting process and also invite vendors to a workshop with City and County representatives and someone from a community based organization ; support to help vendors get through the process would be available through the Permit Center counter , via telephone, and a website ; the effective date of the ordinance would be after the thirty -first day of adoption of the ordinance ; the sale of merchandise would make a California Department of Tax and Fee Administration seller’s permit a requirement; the proposed fees are from SB 946 with the intention that local jurisdictions could charge a higher fine for someone operating without a permit compared to a vendor that did have a permit but had an operational violation that needed correction ; since there was a collaborative and educational approach, enforcement staff would provide alternatives for vendors found not in compliance with regulations; the main concern shared through face to face interactions was that getting a permit may be cost prohibitive ; there were resources available through community-based organizations that could provide financial assistance for vendors unable to pay fees; and a permit would have to be displayed including information on the sidewalk vending permit.

Council Member Zermeño suggested that the program include an education component and be shared via a flyer in English, Spanish and Vietnamese with restauranteurs on what is permitted through State regulations.

Council Member Roche suggested that a link to Alameda County be added on the Access Hayward website to help verify a permit for a vendor or to report a vendor that may not have a permit.

Council Member Bonilla Jr. agreed with Council Member Andrews that the approach of educating vendors by going into the field would be effective, and expressed he wanted to make the process as simple as possible.

Council Member Goldstein suggested adding to Access Hayward the ability for someone to report a violation to ensure compliance with food safety regulations and develop a process for the City to take reports of violation s and submit them to Alameda County and or appropriate State departments.

Mayor Salinas stated that there were different types of signs for street vendors and suggested that staff consider signage requirements that were consistent.

Mayor Salinas opened the public hearing at 8:21 p.m.

Guadalupe Angulo , Community Services Commission er, requested that the City provide supportive resources in various relevant languages , host workshops to assist in filling out paperwork, encouraged collaboration with local experienced community organizations, and 6 | O c t o b e r 1 0 , 2 0 2 3
asked for regular updates and reports on the effectiveness of the ordinance and how many vendors successfully completed the permitting process.

South Hayward Now/Ahora member supported the ordinance and SB 946 ; noted that Gov.

Code Section 51038 stated that a local authority could not prohibit a sidewalk vendor from selling food or merchandise in a park owned by a local authority unless there was a concession and this would open many Hayward parks to food vending; and supported a means to fine an unpermitted vendor, and dropping a fee if the vendor obtained a permit within a timeframe.

Araceli Orozco was concerned about the process for obtaining a permit and associated fees, potential language barriers, how vendors would be notified of changes to the City’s ordinance, and suggested establishing a site where vendors could get assistance with the application process and find financial resources.

Tony Solorio expressed support for the proposed ordinance, noted that while he understood that sidewalk vending may not be permitted in certain locations due to safety factors, he wondered if vendors could vend on private property and would need to obtain permission from the property owner.

Peggy Guernsey asked if vendors needed to obtain a county permit first, have signage to identify themselves, have their permit and licenses visible; if there would be reassurance that vendors were using clean equipment; if a reporting party would be at risk if they took photographs of a violation; and which agencies would verify sale receipts and enforce sidewalk obstructed by vending.

Mayor Salinas closed the public hearing at 8:36 p.m.

Council Member Andrews suggested the locations at Eden Youth and Family Center, Stack Center, Eden Area ROP, City Hall, and both libraries for conducting education outreach ; suggested outdoor outreach in areas such as Edna’s Donuts and near Huntwood Avenue; suggested guiding individuals to the community calendar to inform them of outdoor vending opportunities throughout the year; asked that signage guidelines for sidewalk vending be clearly articulated; wondered if CBO grants and updates would be a part of the education; agreed with not having a permit fee and underscored that education was key in implementing the proposed ordinance and ensuring that businesses are supported; acknowledged there were health and safety codes that need to be abided by; was concerned about vendors that use open flame due to surrounding trees and the fire safety hazard this posed and asked staff to follow up with the Fire Department to see if such violations could be addressed immediately; and appreciated the approach of education and making sure the community is supported on both sides of the issue.

Council Member Syrop echoed the Mayor’s comments that when making a rule the Council wanted to ensure it was made correctly, with minimal unintended consequences; shared the City surveyed over 1,300 residents, with over 60% in support of the ordinance, some having minimal concerns, and input by small businesses; supported the item overall and made a motion to move the staff recommendation; noted the process was reasonable as long as there

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 10, 2023, 7:00 p.m.
was technical assistance provided through the City or a CBO and provided in multiple languages to ensure no one was excluded from participating in the formal economy; wanted to revisit the permitting fee in the future as he supported having a progressive fee structure ; thanked everyone in the community who contributed to th e conversation, underscoring the City had been deliberate in its approach, and was pleased with the recommendation.

Council Member Zermeño appreciated the public safety aspect of the ordinance for consumers, peddlers and vendors; liked that vendors will not be allowed to use Styrofoam; indicated that the proposed ordinance could result in sidewalk vendors opening up successful brick and mortar restaurants in the city one day; recommended that the permit fee be reconsidered as every entrepreneur was aware that some funds are required to start a business, noting the permit fee could be a nominal fee of fifty dollars; recommended that staff identify a marketplace location where a few restaurants or sellers could offer culinary delights ; recommended that street vendors have a plan to eventually transition into brick and mortar locations; urged that information be provided to restaurateurs advising why the City could not prohibit street vendors from operating in close proximity due to State regulations; and requested a report in six months on the number of sellers and the effectiveness of the program; and expressed support of the motion.

Council Member Bonilla Jr. stated the ordinance was thoughtful and supported the need of the microeconomy and balancing public safety without overregulating; requested an annual update on the effectiveness of the program; noted that the complexity of the six steps was being underestimated; was interested in the journey of the entrepreneurs from where they are to becoming fully permitted including overcoming any barriers in the process; supported no cost for the permit in the beginning as there may be costs entrepreneurs will be facing; supported finding financial assistan ce, grants, working with nonprofit organizations and offering dedicated support such as a separate support line for the program; and supported the permitting process but including a strong and robust awareness and educational component rooted in community and providing as much assistance as possible to existing sidewalk vendors to obtain the necessary permits.

In response to Council Member Roche ’s request to address the public co mment regarding vending on p rivate property, Senior Planner Thompson indicated that vending on private property would be considered a food vendor and not a sidewalk vendor and per the food vendor application process, the vendor would be required to get permission from the property owner.

Council Member Roche noted the community was seeking a balance in protecting Hayward’s businesses from unfair advantage by vendors setting up in front of or near businesses, and the community’s desire to support the entrepreneurial spirit, cultural benefit, and community socialization around street vending; supported the zero dollar permit fee knowing there will be other costs for street vendors such as the cost of getting a business license or county permit and agreed with the suggestion to evaluate applying a fee in the future ; agreed with not 8 | O c t o b e r 1 0 , 2 0 2 3
criminalizing street vendors; agreed it was reasonable to require street vendors to comply with regulations similar to brick and mortar b usinesses noting this would provide a safe environment for residents and for people walking around town; was glad that congregate spaces w ere being considered for vendors and encouraged the Economic Development Committee to explore this further; was interested in multimodal education efforts and agreed with locations suggested by Council Member Andrews ; suggested volunteers disseminating flyers; suggested setting up tents with mobile off ices located in the community to help individuals with the process; suggested sandwich board signs to have on the streets; suggested a self-help center with a dedicated staff member to get people to comply with the ordinance; and liked the idea of having a hotline for vendors.

Mayor Salinas acknowledged his colleagues on the Economic Development Committee, Council Members Bonilla Jr. and Andrews, for creating a framework for the proposed ordinance; stated that all businesses, including microbusinesses, were leveled up to align and standardize with SB 946 ; agreed that the proposal was a balanced approach and there may be unintended consequences; favored evaluating the program in a year ; appreciated Council Member Zermeño’s suggestion about charging something for the permit fee but noted that the Council was trying to spur innovation and incentivize getting all sidewalk vendors on board; stated that with education dissemination, this may be a great opportunity to use Curbie as it was already in neighborhoods such as South Hayward; and understood that the City should do its part to engage vendors and disseminate information as it was the City’s program but at the same time he did not want to stifle organizations such as the Hayward Chamber of Commerce which could also plan programming around education.

Mayor Salinas thanked Council Member Syrop for allowing him to move the item . Council Member Syrop seconded the motion.

It was moved by Mayor Salinas, seconded by Co uncil Member Syrop, and carried by the following roll call vote, to approve the resolutions.

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

Resolution 23 -235 “ Resolution to Adopt Amendments to the Hayward Municipal Code and Traffic Code to Regulate Sidewalk Vending in Hayward, Compliant with Senate Bill (Sb 946), the “Safe Sidewalk Vending Act” and Finding that the Action is Exempt from CEQA Review”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Zermeño shared there would be a good opportunity to see street vendors at the South Hayward Mercadito event hosted by the Eden Youth and Family Center on October 14, 2023.

Council Member Goldstein shared the Hayward Education Foundation would be celebrating its 40th Anniversary at City Hall on October 19, 2023, with tickets being available for sale.

Council Member Andrews shared upcoming events: Trunk or Treat at The Hub in the HUSD Parent Resource Center on October 14 , 2023, promoted by Fearless Path; Hayward Public Library’s annual Trunk or Treat on October 28, 2023, at the Heritage Plaza; Disposal Day at the City of Hayward’s transfer station on October 14, 2023; and the Keep Hayward Clean and Green Task Force Beautification event on October 28, 2023, at Tennyson Park.

Council Member Syrop shared the Hayward Night Market event held at St. Rose Hospital on September 30, 2023, was successful with over 1,000 attendees, and thanked those who were involved.

Mayor Salinas noted St. Rose Hospital was happy to have hosted the Hayward Night Market event and remained open to the idea of having more events in the future.

COUNCIL REFERRALS

5. City Council Referral: A Bench for Every Bus Stop (Referral from Council Members Syrop and Zermeño) RPT 23-100

Council referral submitted by Council Members Syrop and Zermeño, dated October 10, 2023, was filed.

Council Member Syrop thanked AC Transit Board Member McCalley, AC Transit Director Del Rosario for providing pertinent information , Emeryville Mayor Bauters for inspiring the referral and Council Member Zermeño for cosigning the referral as they were both members on the AC Transit Interagency Liaison Committee. Council Member Syrop indicated the goal of the referral was to determine how to install affordable and low -maintenance cost benches across the city and offered an amendment to the referral by piloting ten seats, instead of five, as this would be a measurable number to try in a variety of places.

Council Member Zermeño thanked AC Transit for supporting th e proposal, spoke about his experience as a bus rider and his advocacy for bus benches as a member of the AC Transit 10 | O c t o b e r 1 0 , 202 3
Interagency Liaison Committee, commented that benches could feature advertising space, and noted the goal was to have sheltered bus stops but benches would be a good starting point.

Council Member Andrews asked if locations with trees could be explored for the installation of benches to make the bus stops more pleasant, asked for the color of the benches to be Hayward branded such as the green color, and suggested coordinating with developers to include in conditions of approval the upgrade of bus shelters.

Council Member Roche supported the idea of having bus stops near trees, sharing that she received a comment from a community member suggesting that for every bus bench a tree be planted, and received confirmation that the referral sought installing benches and alternative funding for their maintenance.

Mayor Pro Tempore Andrews opened the public comment period at 9:21 p.m.

AC Transit Board Member McCalley, also representing Board Member Shaw, shared that AC Transit provides the bus service and the City controls the right -of-way, and through the collaboration the rider experience is the best possible, noted AC Transit encourages cities to fashion shelter and bench designs consistent with their community needs, and was supportive of the referral.

AC Transit Director of Service Development and Planning Robert Del Rosario, supported the Council referral, noted the bus bench was a low cost but effective solution for improving bus stops, looked forward to collaborating with City staff on assessing the 363 bus stops in Hayward to determine which stops are appropriate for bus benches according to adopted guidelines, and appreciated the proposed contribution from the City to start the effort of the initiative.

Peggy Guernsey spoke about her experience as a bus rider noting she had not found AC Transit bus drivers helpful to individuals with disabilities, noted trees in Hayward are not ADA friendly and cause allergic reactions, and underscored that AC Transit had cancelled bus routes to South Hayward.

Diann Castleberry with AC Transit indicated her agency was planning to present to Council on November 7, 2023, the AC Transit Realign Project, with an opportunity to review and update the bus network to better serve the community.

Tom Ferreira, Hayward Concerned Citizens member, wondered about the design of the bus seats.

Mayor Salinas closed the public comment period at 9:28 p.m.

Council Member Syrop thanked the public for their comments noting AC Transit representatives were able to hear concerns expressed; noted the proposed seats were designed so that individuals could not lay down on them and would be installed on both sides of the stop pole or with two seats with a rung in the middle; noted the increase to ten seats would be

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 10, 2023, 7:00 p.m.
$60,000 and it was an opportunity to install infrastructure for the community in places that may need them the most.

It was moved by Council Member Syrop, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the referral with the amendment to pilot ten seats.

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

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 9:35 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-526
DATE: October 24, 2023
TO: Mayor and City Council
FROM: Acting Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $265,000 in Grant Funding from the State of California Office of Traffic Safety for the Hayward Police Department

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $265,000 in awarded grant funding from the California Office of Traffic Safety for the Hayward Police Department.

SUMMARY
The Hayward Police Department applied for and was awarded $265,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department as part of a Selective Traffic Enforcement Program (STEP) grant. The funds will be used for educational and other programs including: impaired driving enforcement; enforcement focusing on distracted driving; seat belt enforcement; special enforcement encouraging motorcycle safety; enforcement and public education in areas with high bicycle/pedestrian collisions; and media outreach strategies designed to enhance public awareness.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/20/2023Page 1 of 1
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DATE: October 24, 2023

TO: Mayor and City Council

FROM: Acting Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $265,000 in Grant Funding From the State of California Office of Traffic Safety for the Hayward Police Department

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $265,000 in awarded grant funding from the California Office of Traffic Safety for the Hayward Police Department.

SUMMARY

The Hayward Police Department applied for and was awarded $265,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department as part of a Selective Traffic Enforcement Program (STEP) grant. The funds will be used for educational and other programs including: impaired driving enforcement; enforcement focusing on distracted driving; seat belt enforcement; special enforcement encouraging motorcycle safety; enforcement and public education in areas with high bicycle/pedestrian collisions; and media outreach strategies designed to enhance public awareness.

BACKGROUND AND DISCUSSION

The California Office of Traffic Safety, the Office providing this grant, strives to eliminate traffic deaths and injuries by making grants available to local and state public agencies for programs that help them enforce traffic laws, educate the public about traffic safety, and provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions.

The Hayward Police Department plans to use these funds to reduce the number of fatalities and persons injured in collisions involving alcohol and other collision-causing factors.

Strategies include the following:
(a) Impaired driving enforcement;
(b) Enforcement focusing on distracted driving;

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(c) Seat belt enforcement;
(d) Special enforcement encouraging motorcycle safety;
(e) Enforcement and public education in areas with high bicycle/pedestrian collisions; and (f) Media outreach strategies designed to enhance public awareness, educate the public, and deter poor behavior.

FISCAL IMPACT

The Selective Traffic Enforcement Program (STEP) grant funds received will not have an impact on the General Fund. The awarded grant funds will be used to allocate resources toward efforts to address traffic safety within the community.

STRATEGIC ROADMAP

The STEP Grant supports the following Strategic Roadmap priorities although it does not fall under a specific project:
 Invest in Infrastructure – Invest in Multi-modal Transportation  Enhance Community Safety and Quality of Life

NEXT STEPS

If the Council authorizes this action, staff will appropriate the funding into the Police Department’s budget and administer the grant per the terms and conditions of the Office of Traffic Safety agreement.

Prepared by: Laura Gomez, Senior Management Analyst

Recommended by: Bryan Matthews, Acting Chief of Police

Approved by:

__________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $2 65,000 IN GRANT FUNDING FROM THE STATE OF

CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE HAYWARD POLICE

DEPARTMENT

WHEREAS, the State of California Office of Traffic Safety has agreed to award the City of Hayward Police Department $2 65,000 to implement best practice strategies under the Selective Traffic Enforcement Program (STEP); and

WHEREAS, the Hayward Police Department shall use these funds to reduce the number of persons killed and injured in traffic collisions involving alcohol and other primary collision factors under the provisions of the grant agreement;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to accept and appropriate $2 65,000 in funding from the California Office of Traffic Safety.

FURTHERMORE, BE IT RESOLVED by the City Council of the City of Hayward hereby approved the amendment to the FY 2024 Budget Resolution by $265,000 for the STEP Grant Funds.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-533
DATE: October 24, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 4 to the Professional Services Agreement with Gray-Bowen-Scott for Transportation Engineering Services in the Amount of $99,000, for a Total Not-To-Exceed Amount of $369,000 and Extending the Termination Date to June 30, 2024

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Gray-Bowen-Scott (GBS) for transportation engineering services, increasing the amount by $99,000, for a total not-to-exceed (NTE) contract amount of $369,000, and extending the termination date to June 30, 2024.

SUMMARY
The City entered into a PSA with GBS on December 13, 2021 to assist with transportation engineering services. GBS has extensive experience in providing professional services for transportation engineering services in the Bay Area. Due to staff vacancies and continued significant transportation engineering workload, staff is requesting a contract amendment to continue receiving these services.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/20/2023Page 1 of 1
powered by Legistar™

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DATE: October 24, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 4 to the Professional Services Agreement with Gray-Bowen-Scott for Transportation Engineering Services in the Amount of $99,000, for a Total Not- To-Exceed Amount of $369,000 and Extending the Termination Date to June 30, 2024

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Gray-Bowen-Scott (GBS) for transportation engineering services, increasing the amount by $99,000, for a total not-to-exceed (NTE) contract amount of $369,000, and extending the termination date to June 30, 2024.

SUMMARY

The City entered into a PSA with GBS on December 13, 2021 to assist with transportation engineering services. GBS has extensive experience in providing professional services for transportation engineering services in the Bay Area. Due to staff vacancies and continued significant transportation engineering workload, staff is requesting a contract amendment to continue receiving these services.

BACKGROUND

The City is currently experiencing a staffing shortage in the Transportation Division of the Public Works & Utilities Department, including a vacant Deputy Director of Public Works- Transportation, Principal Transportation Engineer, Senior Transportation Planner, Associate Transportation Planner, and Engineering Technician position. Regional, state, and federal funding is key to implementing Council priorities related to traffic calming study measures, pedestrian traffic signal improvements, Safe Routes to Schools, and Safe Routes for Seniors efforts. The City is eligible for funding assistance to implement some of these projects, which will improve safety, accessibility, and walkability for the community, but it will be a challenge to secure funds without knowledgeable consultant support. In addition, federal, state, and regional grant programs provide opportunities to secure

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additional funding but require complex and lengthy applications to be submitted in a timely manner.

Due to current staffing shortages, the City needs assistance in preparing projects, grant applications, and funding documents to obtain available funds for needed transportation- related projects. GBS assists in staff augmentation capacity. GBS is also well positioned to represent the City in negotiations with entities such as Caltrans, Alameda County Transportation Commission, Metropolitan Transportation Commission, and the Federal Highway Administration. This is a highly specialized field that requires knowledge of project development, funding sources, and negotiations, in addition to technical transportation engineering. GBS has a strong working relationship with regional and state transportation agencies and a multi-disciplined team that will provide the City with services needed to secure funding and move critical projects forward.

On December 13, 2021, the PSA with GBS was approved in the amount of $70,000, which expired on March 31, 2022. On April 22, 2022, the PSA was amended to a not-to-exceed amount of $150,000 and an expiration date of September 30, 2022 through Resolution No. 22-075. The PSA was later amended in July 2022 to extend the agreement to June 30, 2023.

On February 2nd, 2023, the PSA was amended to a not-to-exceed amount of $270,000 with an expiration date of December 31, 2023 through Resolution No. 23-020. The authorized funds have been largely spent with less than $53,000 remaining.

DISCUSSION

The current PSA with GBS for transportation engineering services expires on December 31, 2023. Due to continuing staff vacancies in the Public Works & Utility’s Transportation Division, and significant transportation engineering workload, staff anticipates that these services will continue to be required. GBS’s advanced knowledge and experience in transportation engineering along with their familiarity with entities such as Caltrans, Alameda County Transportation Commission, Metropolitan Transportation Commission, and the Federal Highway Administration have assisted City staff in projects with imminent funding and delivery deadlines.

As such, staff requests approval of Amendment No. 4 to increase the contract amount by $99,000 for a NTE amount of $369,000. Staff also recommends extending the agreement end date to June 30, 2024 to allow staffing flexibility.

ECONOMIC IMPACT

This PSA facilitates timely transportation projects in the City, which impacts and improves the local economy.

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FISCAL IMPACT

There is sufficient budget available in FY 2024 to fund Amendment No. 4 to the Professional Services Agreement with Gray-Bowen-Scott for Transportation Engineering Services.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Improve Infrastructure by providing professional services to the Public Works & Utilities Department – Transportation Division by assisting with projects with imminent funding and delivery deadlines.

By receiving professional services from GBS, the City is taking steps to improve infrastructure within the City. This is facilitated through communication with entities such as Caltrans, Alameda County Transportation Commission, Metropolitan Transportation Commission, and the Federal Highway Administration and by assisting City staff in projects with imminent funding and delivery deadlines.

PUBLIC CONTACT

No public contact has been made related to this amendment.

NEXT STEPS

If Council approves this request, the City Manager will execute Amendment No. 4 to the PSA with GBS to increase the PSA amount to $369,000 and extend the agreement through June 30, 2024.

Prepared by: Byron Tang, Senior Transportation Engineer Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

GRAY-BOWEN-SCOTT FOR TRANSPORTATION ENGINEERING SERVICES IN THE AMOUNT OF $ 99,000, FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $369,000, AND EXTENDING THE TERMINATION DATE TO JUNE 30, 2024

WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 13th day of December 2021, entitled “Agreement for Professional Services between the City of Hayward and Gray-Bowen-Scott (GBS) for Transportation Engineering Services” and,

WHEREAS, on April 5, 2022, Council adopted Resolution 22 -075 which authorized a $70,000 increase for a contract not -to-exceed $150,000 and extended the agreement to September 30, 2022; and

WHEREAS, the City did not yet exceed the contract amount but still requires these services; and July 2022, the agreement was extended through June 30, 2023; and

WHEREAS, on January 24, 2023, Council adopted Resolution 23 -020, which authorized a $120,000 increase for a contract not -to-exceed $270,000 and extended the agreement to December 31, 2023; and

WHEREAS, the proposed contract amendment would allow GBS to continue to provide much needed staff augmentation support due to three key vacancies in the Transportation Division.

NOW, THEREFORE, BE IT RESOLVED , that the City Council hereby finds and determines as follows that the City Manager is hereby authorized to execute Amendment No. 4 with Gray -Bowen-Scott for services in an amount not -to-exceed amount of $99,000, thereby increasing the total contract amount to a not -to-exceed amount of $369,000, and extending the agreement termination date to June 30, 2024 , in a form approved by the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-555
DATE: October 24, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions Authorizing the City Manager to Execute First Amendments to the Professional Services Agreements with Willdan Engineering and SNG & Associates, Increasing the Agreements by $200,000 Annually for a Total Not-To-Exceed Amount of $350,000 Per Firm, for On-Call Construction Inspections Services for the Existing Term of the Agreements

RECOMMENDATION
That Council adopts resolutions (Attachment II and III) authorizing the City Manager to execute amendments to the Professional Services Agreements (PSAs) with Willdan Engineering and SNG & Associates, increasing the agreements by $200,000 annually for a total not-to-exceed (NTE) amount of $350,000 per firm, for on-call construction inspection services for the existing term of the agreements.

SUMMARY
The Department of Public Works & Utilities routinely uses on-call construction inspectors when in-house staffing levels are inadequate, either due to absences, vacancies, or increased workload. The on-call construction inspection services provide oversight on City-sponsored projects, private developments, and encroachment permits.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - Amendment No. 1 for Willdan Engineering Attachment III Resolution - Amendment No. 1 for SNG & Associates CITY OF HAYWARD Printed on 10/20/2023Page 1 of 1
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DATE: October 24, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt Resolutions Authorizing the City Manager to Execute First Amendments to the Professional Services Agreements with Willdan Engineering and SNG & Associates, Increasing the Agreements by $200,000 Annually for a Total Not- To-Exceed Amount of $350,000 Per Firm, for On-Call Construction Inspections Services for the Existing Term of the Agreements

RECOMMENDATION

That Council adopts resolutions (Attachment II and III) authorizing the City Manager to execute amendments to the Professional Services Agreements (PSAs) with Willdan Engineering and SNG & Associates, increasing the agreements by $200,000 annually for a total not-to-exceed (NTE) amount of $350,000 per firm, for on-call construction inspection services for the existing term of the agreements.

SUMMARY

The Department of Public Works & Utilities routinely uses on-call construction inspectors when in-house staffing levels are inadequate, either due to absences, vacancies, or increased workload. The on-call construction inspection services provide oversight on City- sponsored projects, private developments, and encroachment permits.

BACKGROUND

In October 2021, a Request for Qualifications (RFQ) #2204-091421 was released to obtain proposals for on-call inspection services for three years. In January 20221, Council approved on-call inspection service agreements with three firms, Willdan Engineering, SNG & Associates, and 4Leaf, Inc., in an amount NTE $150,000 annually per firm. All three agreements shall terminate upon completion and acceptance of the work to be provided under the agreement or March 31, 2025.

DISCUSSION

The in-house Construction Inspection Division’s workload supports projects from the Engineering, Transportation, Utilities, Executive Airport, and Environmental Services

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5390885&GUID=2DD4DC2A-BFA5-4A12-B1D6- 1744E4D86072&Options=&Search=

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Divisions, as well as public improvement portions of other City-sponsored projects. In addition, the Inspection Division is responsible for inspection of the public improvements of private development projects, and encroachment purposes. With the currently anticipated workload, it is necessary to continue the supplemental contracted work with on-call construction inspection firms to ensure compliance, meet project deadlines, and provide project oversight.

Staff has contacted the three firms and only two, Willdan Engineering and SNG & Associates, have confirmed their availability for on-call staff. The third firm, 4Leaf, Inc.*, was not able to confirm their availability due to staff shortages.

The following table summarizes the total spent to date for each firm.

Total Spent to Date
Willdan Engineering $200,430
SNG & Associates $49,790
4Leaf, Inc.* $0*
Total $250,220

It is anticipated that SNG will be utilized for the FY23 Pavement Rehabilitation Project and the Sewer Main Replacement Project until mid-2024 with an estimated cost of $230,000.

Willdan will be utilized for the Water Main Replacement Project until mid-2024 with an estimated cost of $220,000.

STRATEGIC ROADMAP

This action will help ensure that the infrastructure projects and City development projects in the Strategic Roadmap are not adversely impacted by construction inspection delays.

ECONOMIC IMPACT

Timely inspection services for City and private development projects would ensure public safety and foster economic activity. Similarly, timely inspection of private development projects, like new housing or commercial properties, allow the contractors to maintain their schedule; once complete, the projects contribute to the City’s economic vitality.

FISCAL IMPACT

Staff recommends increasing the PSA amounts for Willdan Engineering and SNG & Associates from $150,000 to $350,000, annually, per firm for the remainder of the term of the agreement, summarized as follows:

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Original
Proposed
Amendment No.1 Total
First year (February 22, 2022 to
February 21, 2023) $150,000 $ - $150,000 Second year (February 22, 2023
to February 21, 2024) $150,000 $200,000 $350,000 NTE Amount $500,000

This item will have a neutral impact to the General Fund. These services will only be used on City projects with appropriated budget for construction inspection or where inspection- related expenses will be reimbursed by developers and permit holders. Staff recommends increasing the PSA with Willdan Engineering and SNG & Associates, for a NTE amount of $350,000 for each firm. Staff does not expect to use all allocated funding for each firm each year; rather, the budgeted amount will give staff flexibility when services are required due to an increase in projects and workload. If the workload falls short of the forecast, the budget expenditures would be limited to the actual inspection costs incurred.

SUSTAINABILITY FEATURES

There are no sustainability features associated with this item.

PUBLIC CONTACT

No Public contact has been made related to this amendment.

NEXT STEPS

If Council approves this item, the City Manager will execute Amendment No. 1 to the PSAs with Willdan Engineering and SNG & Associates for on-call construction inspections services.

Prepared by: Michael Wolny, Management Analyst
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 INCREASING THE PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN ENGINEERING, BY $200,000 ANNUALLY FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $500,000 FOR THE EXISTING TERM OF

THE AGREEMENTS

WHEREAS, the aforesaid parties have entered into that certain Agreements dated the 22nd day of February 2022, entitled “Agreement for Professional Services between the City of Hayward and Willdan Engineering” for on-call inspections services; and

WHEREAS, additional staff augmentation support is needed to ensure compliance, meet project deadlines, and provide project oversight due to vacancies in the Public Works & Utilities Department; and

WHEREAS, there is a neutral impact on the General Fund since funding for these services are allocated within the appropriated project budgets or will be reimbursed by developers and permit holders.

NOW, THEREFORE, BE IT RESOLVED , that the City Council hereby finds and determines as follows that the City Manager is hereby authorized to execute Amendment No. 1 increasing the Professional Services Agreements with Willdan Engineering for services, by $200,000 annually for a total not-to-exceed amount of $500,000, in a form approved by the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 INCREASING THE PROFESSIONAL SERVICES
AGREEMENT WITH SNG & ASSOCIATES , BY $200,000 ANNUALLY F OR A TOTAL NOT-TO-EXCEED AMOUNT OF $500,000 FOR THE EXISTING TERM OF

THE AGREEMENTS

WHEREAS, the aforesaid parties have entered into that certain Agreements dated the 22nd day of February 2022, entitled “Agreement for Professional Services between the City of Hayward and SNG & Associates” for on-call inspections services; and

WHEREAS, additional staff augmentation support is needed to ensure compliance, meet project deadlines, and provide project oversight due to vacancies in the Public Works & Utilities Department; and

WHEREAS, there is a neutral impact on the General Fund since funding for these services are allocated within the appropriated project budgets or will be reimbursed by developers and permit holders.

NOW, THEREFORE, BE IT RESOLVED , that the City Council hereby finds and determines as follows that the City Manager is hereby authorized to execute Amendment No. 1 increasing the Professional Services Agreements with SNG & Associates for services, by $200,000 annually for a total not-to-exceed amount of $500,000, in a form approved by the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-557
DATE: October 24, 2023
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $12,057 Received from Insurance Claims Reimbursements to be Used by the Hayward Fire Department to Replace Emergency Services Shelter Equipment

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $12,057 received from insurance claims to be used by the Hayward Fire Department to replace stolen emergency services shelter equipment.

SUMMARY
The Matt Jimenez Community Center has housed emergency shelter equipment for the Hayward Fire Department for emergency operations within the City. Due to theft, there is a need to replace emergency equipment, including 47 cots, blankets, pillows, clothing, and bottled water for the emergency operations center managed by the Hayward Fire Department. The insurance claim reimbursements of $12,057 will be used to purchase all necessary items to replace pre-existing equipment and supplies.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/20/2023Page 1 of 1
powered by Legistar™

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DATE: October 24, 2023

TO: Mayor and City Council

FROM: Fire Chief

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $12,057 Received from Insurance Claims Reimbursements to be Used by the Hayward Fire Department to Replace Emergency Services Shelter Equipment

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $12,057 received from insurance claims to be used by the Hayward Fire Department to replace stolen emergency services shelter equipment.

SUMMARY

The Matt Jimenez Community Center has housed emergency shelter equipment for the Hayward Fire Department for emergency operations within the City. Due to theft, there is a need to replace emergency equipment, including 47 cots, blankets, pillows, clothing, and bottled water for the emergency operations center managed by the Hayward Fire Department. The insurance claim reimbursements of $12,057 will be used to purchase all necessary items to replace pre-existing equipment and supplies.

BACKGROUND AND DISCUSSION

The Matt Jimenez Community Center, named for former Fire Chief Matt Jimenez, has been an integral part of the community for many years, hosting after-school programs, sporting events, Police Activities League (PAL) events, community dances, and more. Currently, the facility is hosting pickleball, and the upcoming PAL Futsal League. The facility has also housed the emergency shelter equipment for the Hayward Fire Department for emergency operations within the City.

A theft in December 2022 resulted in the need to replace existing emergency cots, pillows, blankets, and supplies as called for in the emergency operations plan. These items are used by Hayward residents during emergency shelter/evacuation procedures and are an integral part of maintaining health and wellbeing during disasters. The emergency plan for the City of

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Hayward includes the ability to have the Matt Jimenez Community Center operate as an emergency shelter in the instance of evacuations.

The insurance claim reimbursements will be used to replace 47 cots, 10 pillows, 15 blankets, various clothing, and bottled water supplies. This will replace the damaged/stolen items and bring the shelter operation back to full operating capacity. Any remaining funds will be used for necessary cleaning fees, repairs, and updates as needed based on the existing status of the building. Cost estimates are listed below:

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Enhance Community Safety and Quality of Life. This item is not specifically related to a project identified within the Strategic Roadmap but is integral to the preparation and implementation of emergency safety services throughout the city in the event of a disaster.

FISCAL IMPACT

If approved by Council, the insurance reimbursement funds will be appropriated to the General Fund and funds will be used to replace equipment and supplies. The insurance reimbursement received will offset the use of the General Fund, which would otherwise be used to replace these supplies.

PUBLIC CONTACT

No public contact is needed for this item.

NEXT STEPS

If Council approves the resolution to appropriate the funds, staff will deposit insurance reimbursement funds into Fund 100 and complete the purchase of cots, clothing, bedding, and water supplies to replenish emergency shelter stock.

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Prepared by: Lauren Dekas, Management Analyst I

Recommended by: Garrett Contreras, Fire Chief

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $12,057 RECEVIED FROM INSURANCE CLAIMS

REIMBURSMENTS TO BE USED BY THE HAYWARD FIRE DEPARTMENT TO REPLACE EMERGENCY SERVICES SHELTER EQUIPMENT.

WHEREAS, these funds are designated to be used to replenish stolen/damaged emergency shelter equipment

WHEREAS, the funds will be deposited into fund 100 and immediately used to purchase essential materials to properly house the public in a state of emergency.

WHEREAS, any additional funds will be used to cover necessary repairs and maintenance at the Matt Jimenez Community Center, which will also house the emergency supplies.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hayward authorizes the City Manager to accept and appropriate $12,057 in insurance reimbursement funds to the Hayward Fire Department General Fund ( Fund 100 ) for the purchase of emergency shelter equipment.

FURTHER, BE IT RESOLVED, that the City Council of the City of Hayward hereby approves the amendment of the FY 2024 Operating Budget Resolution by increasing the budget appropriation of $12,057 to the General Fund.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 23-041
DATE: October 24, 2023
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Hayward Food Action Plan: Review and Discuss Findings and Staff’s Proposed Next Steps Regarding the Hayward Food Action Plan

RECOMMENDATION
That Council reviews this report and provides feedback and direction to staff.

SUMMARY
This report summarizes the background, findings, and next steps of the Hayward Food Action Plan process. In 2022, the City received grant funding from the Stupski Foundation to conduct planning activities to identify assets and gaps and build capacity in Hayward food systems. At this work session, staff is seeking Council feedback on the attached summary document (Attachment II) before finalizing it and sharing it on the City’s website. In addition, staff is seeking Council direction on actions that staff is proposing the City take moving forward, specifically whether these are the right areas on which the City should continue to take a leadership role.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Planning Activities and Findings Attachment III Proposed Food Recovery Actions
CITY OF HAYWARD Printed on 10/20/2023Page 1 of 1
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DATE: October 24, 2023

TO: Mayor and Council Members

FROM: Assistant City Manager

SUBJECT: Hayward Food Action Plan: Review and Discuss Findings and Staff’s Proposed Next Steps Regarding the Hayward Food Action Plan

RECOMMENDATION

That Council reviews this report and provides feedback and direction to staff.

SUMMARY

This report summarizes the background, findings, and next steps of the Hayward Food Action Plan process. In 2022, the City received grant funding from the Stupski Foundation to conduct planning activities to identify assets and gaps and build capacity in Hayward food systems. At this work session, staff is seeking Council feedback on the attached summary document (Attachment II) before finalizing it and sharing it on the City’s website. In addition, staff is seeking Council direction on actions that staff is proposing the City take moving forward, specifically whether these are the right areas on which the City should continue to take a leadership role.

BACKGROUND

At the height of the COVID-19 pandemic, the City launched and staffed a food distribution site in partnership with Chabot Community College and the Hayward Recreation and Park District that distributed 1,701,432 pounds of food to 179,700 people. This collaborative effort was a successful example of partnership among organizations across sectors to coordinate services and programs for our most vulnerable communities.

Despite that success, throughout the response to the COVID-19 pandemic, community- based organizations (CBOs) and educational partners came to the City expressing the need for more capacity building and intentional planning to shift from being reactive to preventative when it comes to food security. At the same time, various community groups were in touch with the City about a desire to see more support for growing food locally and bolstering the local food economy. Since then, the City has taken the following steps:

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 On October 19, 2021, Council adopted a resolution to join Alameda County’s ALL IN Eats partnership. The purpose of ALL IN is to provide leadership, innovation, and collaboration across public, private, and community sectors to address the root causes of poverty.

 At the January 29, 2022 Strategic Roadmap Planning session, Council unanimously ranked the project to “explore funding opportunities to increase the circular food economy in Hayward” as one of the highest priority items.

 On October 11, 2022, Council authorized the City Manager to accept a grant from the Stupski Foundation for $125,000 to convene community partners and develop a community-informed Hayward Food Action Plan.

 On October 25, 2022, staff presented to Council initial findings from conversations with over 30 community leaders, organizations, and service providers. These leaders were enthusiastic about being part of a more centralized network of partners, and the vast majority continued to engage throughout a year-long process focused on strengthening relationships among partners, creating opportunities for collaboration, and creating an inventory of assets, gaps, and recommendations.

 On June 6, 2023, Council included the following item in their adopted Strategic Roadmap for fiscal years 2024 to 2025+ under Confront Climate Crisis & Champion Environmental Justice: C8 - Continue to partner with Alameda County All In Eats to encourage food recovery.

City’s Role in the Planning Process
The City of Hayward, like most other cities in Alameda County, does not have a division specifically dedicated to food. The Community Services Division funds social service agencies that distribute food, Environmental Services conducts activities to increase food recovery, Economic Development has programs that support food businesses, and the Planning Division has land use ordinances that govern agricultural activities.

Regionally, the following agencies have traditionally been responsible for food systems work in Alameda County:

 Alameda County Social Services Agency, in partnership with their contracting agency Alameda County Food Bank, are the leads on addressing food insecurity, including being the local administrator of CalFresh benefits.

 StopWaste plays a lead role in coordinating regional food recovery activities in response to SB 1383.

 Alameda County Board of Supervisors has funded the bulk of the regional work to grow a circular food economy, particularly the office of the late Supervisor Wilma Chan.

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 Alameda County Resource Conservation District (ACRCD) provides leadership on the management of regional agricultural and grazing land.

 University of California Agriculture and Natural Resources is the statewide Department that organizes local programs like Master Gardeners and Urban Agriculture. In addition, UC Berkeley is one of the land-grant institutions that conducts research and outreach as part of the US Department of Agriculture’s Cooperative Extension program.

The City’s role in this planning process was as the fiscal sponsor and convener of local partners. The goal of the Hayward Food Action Plan work has been to help Hayward’s non- profit and educational partners better understand the action steps needed to close services gaps in Hayward and strengthen relationships among each other.

DISCUSSION

The Hayward Food Action Plan helped Hayward’s non-profit and educational partners build a network across the City and developed a list of assets, gaps, and recommended actions. From August 2022 to October 2023, the City took on the role as the convener and facilitated a network of partners to offer their expertise and knowledge on the current food system landscape.

Findings

The attached draft document (Attachment II) summarizes the activities completed during development of the plan, participating partners, assets, gaps, and recommendations developed by partners. The goal of this document is to highlight the planning work done over the past year, give an overview of Hayward’s food system’s key assets and gaps, and identify next steps. At this work session, staff is seeking feedback from Council on this document before finalizing it and sharing it on the City’s website.

Brief Summary of Assets (see Attachment II for more details and photos):
 Many of Hayward’s community members have agricultural backgrounds and knowledge.
 Hayward is home to fertile land and low pest populations.  Hayward’s community-based organizations have developed their own local networks to increase food recovery.
 The Bay Area has a large pool of regional professionals in food systems work: food banks, food recovery, educational institutions.
 There is a willingness to collaborate across sectors.  Hayward has a large food industry sector in our own backyard.  The Hayward area is home to a handful of community-based projects that nurture food systems work: Hayward Community Garden, Lydia’s Farm, Brown Girl Farm, Dig Deep, Eden Area ROP Garden, Tennyson High Farm, Feed Hayward.

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Brief Summary of Gaps:
 There is inconsistent citywide access to affordable food/food distribution. Service providers have experienced increases in demand for food but lack the capacity to expand services to address the demand.
 Limited refrigerated warehouse space presents barriers for service providers to expand their services to the community.
 Service providers struggle to keep up with rapid shifts in client demographics and offering proper access to culturally relevant foods.
 Community members expressed a lack of access to training and enrichment activities in cooking and gardening, especially after Project Eat ceased operations at Hayward schools (Project Eat was previously operated by Alameda County Office of Education).
 Despite large areas of undeveloped land and good soil, community members expressed barriers to access land for growing food.
 Partners expressed a need for more centralized coordination in the food recovery industry that is attempting to respond to the requirements of SB 1383.  Small food entrepreneurs expressed a lack of programs to support them with business growth, especially assistance to meet regulatory requirements and the need for affordable commercial kitchen space.

Next Steps

Now that the grant work has concluded, many partners have identified their own action steps they plan to take to close the gaps in Hayward’s food system. The partners have expressed gratitude that the City took the initial step in convening this partnership. In addition, during the final planning meeting, partners expressed the desire to see the following cooperative work continue.

 Ongoing space to continue convening and sharing resources:
o Feed Hayward has committed to hosting a partnership meeting at least once a quarter moving forward.

 Ongoing City support to seek funding opportunities and communicate resources to the community:
o City staff and other partners have reaffirmed a willingness to write letters of support when other partners are applying for funding. The City will also maintain a webpage that summarizes the planning work that occurred over the past year.
o City staff will continue to explore funding opportunities for related food work that is currently in the City’s scope of work and share opportunities and offer letters of support for partners.
o City staff plans to organize a central food resource page to share with the public and partners along with the food distribution map.

 Centralized coordination in food recovery (SB 1383):

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o StopWaste hosts regional resource groups and offers technical support around SB1383 response. However, partners have shared the need for additional coordination and more localized solutions to connect food generators with food distributors and ensure businesses have what they need to successfully meet the State mandate. Hayward’s Environmental Services Division is proposing a series of related action steps as part of the proposed Climate Action Plan (see Attachment III for a draft list). o Local partners that are crucial to food recovery include Daily Bowl and Dig Deep Farms, which is housed in the Alameda County Deputy Sheriffs Activities League (DSAL) and was championed by late Supervisor Wilma Chan. DSAL and Daily Bowl, in partnership with Tri-CED, recently approached City staff with a proposal and funding request to increase food recovery activities in Hayward. Staff is reviewing this proposal.

In addition to the items above, staff is proposing that the City stay involved with food system work in several areas, which are listed on the next pages. At this work session, staff is seeking direction from Council on the following nine actions, specifically whether these are the right areas on which the City should continue to take a leadership role. These actions are not ranked or listed in any specific order.

1 - Continue community lease for Hazel Garden
Gaps this seeks to address Access to land to grow food & Access to training and enrichment activities
Description Community members in the Prospect Hill neighborhood have maintained a public garden on 22196 Main Street for
decades, referred to as the Hazel Community Garden. This City is the owner of this parcel. In 2022, staff became aware that there was no written lease agreement for the garden.

Council authorized staff to execute a lease in October 2022 with Forestr.org, which agreed to sponsor oversight of the garden operations on behalf of the neighborhood. The lease ends December 31, 2024, with the option for a two-year
extension. Staff is recommending extending the lease upon Council’s direction.

Fiscal Impact Funded through December 2023: As part of the current lease, the City agrees to pay for water and once-a-year clearing of brush on the sloped edge of the garden that boarders San Lorenzo creek. In 2023, this was paid for using one-time funding sources. If the City continues the lease with these terms, this would cost approximately $14,000 annually.

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2 – Create a Business Plan for an Entrepreneurship Hub at the Stack Center Gap this seeks to address Entrepreneurial support for small food businesses Description The future Stack Center campus will combine what is now the Eden Youth and Family Center and the Matt Jimenez
Community Center (MJCC). Community members have long
asked for programming to support local entrepreneurs. In response, the Stack Center will include several spaces
designed for workshops, events, and popups. However, there are currently no providers identified to occupy these spaces once they are built.

In addition, the MJCC currently has a commercial kitchen that is unused and outdated. In December 2022, Council
authorized staff to work with DSAL to expand the commercial kitchen and operate a business incubator program. As staff has worked on this project, both parties have identified opportunities to expand the scope to meet additional
entrepreneur needs.

At this point, staff is recommending that the City hire a consultant to help create a business plan to raise money and create a sustainable operating model for a Entrepreneurship Hub.

Fiscal Impact Unfunded: The cost to hire a one-time consultant to create a business plan to build and operate an Entrepreneurship Hub is approximately $40,000. If Council directs staff to move forward with this proposal, staff would then use the business plan to apply for capital funding grants to build the Hub, including funding from the federal Economic Development Administration (EDA).

3 - Continue South Hayward farmer’s market feasibility study Gap this seeks to address Entrepreneurial support for small food businesses & Citywide access to affordable food/food distribution
Description Staff worked with AIM and Eden Youth and Family Center to survey the community to gauge the interest and expectations for a South Hayward Farmer’s Market. Survey data has been shared with AIM and staff will continue to work with AIM to explore the possibility of a South Hayward Farmer’s Market.

Fiscal Impact Funded: This work has been covered through the Stupski grant. Any future work will be absorbed into existing budgets.

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4 – Continue work to respond to SB 1383 requirements for food recovery Gap this seeks to address Centralized coordination in the food recovery industry (SB 1383)
Description Hayward’s Environmental Services Division staff is responsible for local tasks related to SB 1383, and they work closely with StopWaste to provide input on the regional activities that are facilitated by StopWaste.

Staff is proposing a series of action steps related to food recovery and SB 1383 as part of the proposed Environmental Justice Element and Climate Action Plan, which are scheduled to go to Council in December and January (see Attachment III for a draft list).

As mentioned above, staff is currently evaluating a proposal from Tri-CED, Daily Bowl, and DSAL, to fund a one-year food recovery program in Hayward.

Fiscal Impact Unfunded: The proposal from Tri-CED, Daily Bowl, and DSAL includes a request for approximately $300,000 for a one-year pilot. The actions and programs identified in the draft Environmental Justice Element and Climate Action Plan will require additional staff and funding. Details will be provided in a future report to Council.

5 - Learn & Earn Summer Internship for HUSD students
Gap this seeks to address Access to training and enrichment activities Description In summer of 2023, the City piloted a summer internship with the Hayward Unified School District, Eden Area ROP, and Forestr.org to offer work experience that teaches about food systems and provides stipends to students. The program was rated highly by student interns and the participating
organizations.

Staff recommends continuing this program for the next two summers, while looking for grant funds to support the work moving forward.

Fiscal Impact Funded through FY23: This program is paid for through the Stupski grant for summers of 2023 and 2024. If the City continues to support this program, it will be approximately $18,000 annually.

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6 - Continue Seed Lending Library programs
Gap this seeks to address Access to training and enrichment activities Description The Hayward Library’s Seed Lending Library provides an opportunity for community members to “borrow” seeds. In addition, the assigned Librarian coordinates regular free workshops on how to grow food.

The Seed Lending Library is working with the City Manager’s Office and Alameda County Master Gardeners to plan a series of workshops in spring 2024 as one of the People’s Budget projects.

Fiscal Impact Funded: Staff time for this work is absorbed into the existing operating budget.

7 – Continue supporting food access organizations through the Community Agency Funding Process and technical support
Gap this seeks to address Citywide access to affordable food/food distribution Description The City funds several food access organizations through the Community Agency Funding process and offers technical
support to any organization that reaches out for help. Most recently, the San Lorenzo Family Help Center reached out to the Community Services Division for a new location which the City helped to facilitate.

Fiscal Impact Funded: This work is funded through the annual CDBG allocation and existing operating budget.

8 - Emergency planning for food distribution during a disaster Gap this seeks to address Citywide access to affordable food/food distribution Description The Fire Department has hired a consultant to assist with a citywide emergency preparedness plan. Part of this work is to create a plan for large-scale food distribution in case of an emergency. Staff plans to bring Council a working version of the Emergency Preparedness Plan to adopt sometime in
2024.

Fiscal Impact Funded: The consultant work and staff time are absorbed into the existing operating budget.

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9 - Alameda County Resource Conversation District project to create sample land leases Gap this seeks to address Access to land to grow food
Description ACRCD applied for and recently received Land Access grant funding through the USDA Farm Services Agency to create a standardized process and legal documents to lease public land more easily to gardens and farms. Hayward and Oakland are the two agency partners for this grant, which begins
implementation in November. The goal of the work is to
provide all Hayward public agencies an easy-to-follow lease process and portal if they have public lands that are available for lease for agricultural purposes.

Fiscal Impact Funded: Staff time for this work will be absorbed into the existing operating budget.

FISCAL IMPACT

Five of the nine activities above are covered by existing funding sources.  South Hayward farmer’s market feasibility study
 Continue Seed Lending Library programs
 Continue supporting food access organizations through the Community Agency Funding Process and technical support
 Emergency planning for food distribution during a disaster  ACRCD project to create sample land leases for agriculture and gardening

Four of the activities are unfunded or unfunded after a certain date. Based on Council direction at this work session, staff will either: 1) bring budget requests for each of these four items to Council for further consideration during the FY 2024 midyear or FY 2025 annual budget processes, or 2) no longer pursue these activities.  Continue the community lease for the Hazel Garden
 Create a business plan for an Entrepreneurship Hub at the Stack Center  Continue the Learn & Earn Summer Internship program
 One-year pilot for DSAL, Daily Bowl, and Tri-CED to increase food recovery activities in Hayward

Implementation of food recovery-related activities identified in the draft Climate Action Plan and draft Environmental Justice Element will require additional staff and funding. Details will be provided in a future Council report.

STRATEGIC ROADMAP

This agenda item is the direct result of a former project in the City’s Strategic Roadmap under the priority Confront Climate Crisis & Champion Environmental Justice: Explore

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funding opportunities to increase the circular food economy in Hayward as part of the Alameda County All in Eats Initiative.

This item is related to the following Strategic Roadmap projects that were adopted in June, 2023:

Enhance Community Safety and Quality of Life
 Q8 – Update comprehensive Emergency Management Plan
 Q16 – Continue to provide educational, cultural, and social support programs at the Hayward Library
 Q21 – Work with partners to design programming for the future Stack Center Community Event Plaza

Confront Climate Crisis & Champion Environmental Justice  C1 – Implement Year 1 Programs from the adopted GHG Roadmap (Climate Action Plan)
 C7 – Continue to identify opportunities for compost hubs and other distribution mechanisms for compost in Hayward
 C8 - Continue to partner with Alameda County All In Eats to encourage food recovery
 C12 – Implement Year 1 Programs from the adopted General Plan Environmental Justice Element, with a focus on mitigating the impact on frontline communities

Grow the Economy
 E3 – Continue to partner with DSAL to build and launch the commercial kitchen incubator program at the Stack Center
 E5 – Finalize Sidewalk Vendor Ordinance and provide a training on how to apply for a business license
 E7 – Provide cradle to career educational programs for all ages through cross- agency pathways, in partnership with the Hayward Promise Neighborhoods

NEXT STEPS

Based on Council’s feedback, staff will finalize the attached document and post it on the website. In addition, staff will proceed with the proposed nine action areas based on Council’s direction.

Prepared by: Emily Hwang, Management Analyst, Community Services Division Mary Thomas, Assistant to City Manager
Javier Castro, Acting Senior Secretary
Nicole Grucky, Senior Sustainability Specialist
Erik Pearson, Environmental Services Manager

Recommended by: Regina Youngblood, Assistant City Manager Dustin Claussen, Assistant City Manager

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Approved by:

_____________________________________
Kelly McAdoo, City Manager

Nurturing collaboration among Hayward food
providers, educational partners, and food recovery
organizations
Hayward Food Action Plan
October 2023
DRAFT
Attachment II
4Cs
Agricultural Institute of Marin
Alameda County Community Food Bank
Cal State East Bay
Centro Community Partners
Chabot College
Daily Bowl
Deputy Sheriffs' Activities League, Dig Deep Farms
Downtown Streets Team
Eden Area Regional Occupational Program
Eden United Church of Christ
Eden Youth and Family Center
First Presbyterian Church of Hayward/South Hayward Parish ForestR.org
Hayward Community Gardeners
Hayward Environmental Services staff
Hayward Promise Neighborhoods (HPN)
Hayward Unified School District/Tennyson High School/Cherryland Elementary Humanity for 100K Trees
Life Elder Care
Meals on Wheels
Mercy Brown Bag
SOS Meals On Wheels
Spectrum
StopWaste
Teach Earth Action
Tiburcio Vasquez Health Center
UC Cooperative Extension and Nutrition staff
This could not be possible without your
participation!
Thank you to our partners
Hayward Food Action Plan October 2023
Summary of Assets
Summary of Gaps
Recommended Priorities and Next Steps
Table of Contents
About the Food Action Plan02
03 08
07 10
Process Highlights
City of Hayward
Food Action Plan
Community-based organizations & staff conversations
Community-based organization interviews
19 work sessions across three different working groups on the topics: Food Access and Security, Food Recovery, and Career Pathways & Entrepreneurship
Organized talks with United Food and Commercial Workers Labor Union and Homeless Garden Project Tours to Dig Deep Farm's Food Hub in San Leandro and Alicia's Tamales Los Mayas A Food Action Plan Partners Retreat to Homeless Garden Project & UC Santa Cruz’s Center for Agroecology (hosted on March 22, 2023)
Street vendor interviews performed by Chabot interns
Surveying and analysis for Hayward Promise Neighborhoods and South Hayward Parish on preferred foods and line management performed by CSUEB interns
A food distribution resource map for the public completed by CSUEB Interns The Learn & Earn Pilot Program in partnership with HUSD, EAROP, Forestr.org, and Mills College South Hayward Farmer’s Market Interest survey outreach and analysis in partnership with Eden Youth and Family Services; dot surveying and community engagement completed at the Downtown Hayward Farmer’s Market
About the Hayward Food Action Plan
From August 2022 through October 2023, the City of Hayward, City Manager’s Office met with over 30 community organizations, educational partners, and service providers to convene and develop a community-informed Food Action Plan for Hayward and its surrounding communities.

During this planning process, the City engaged partners to articulate top assets and gaps, identified opportunities for partnership, collected local data to support the work of our partners, and developed recommended priorities.

The process from August 2023 through October 2023 included:

Hayward Food Action Plan October 2023
Food Action Plan Partner Retreat to UC Santa Cruz’s Center for Agroecology in March 2023 2 Strengthening relationships among partners
During the planning process, one of the main goals of Food Action Plan was to convene and strengthen relationships among community partners. For 10 months, the City hosted work group sessions across three different topics: Career and Entrepreneurship, Food Access & Security, and Food Recovery. With over 30 organizations involved, these work group and resource meetings brought organizations together to learn about each other’s work.

On March 22, 2023, the City hosted a retreat with Food Action Partners to Santa Cruz where partners took tours of the Homeless Garden Project and UC Santa Cruz’s Center for Agroecology. At the Homeless Garden Project, partners learned about their model which engages unhoused community members in growing food for the community and connects them to long-term employment opportunities and case management resources. Afterwards, partners toured US Santa Cruz’s Center for Agroecology to learn about their educational model to teach students and the community about agroecological systems.

Food Action Plan Highlights
Hayward Food Action Plan
Click the box to watch this 3 minute video!
Food Action Plan Retreat Highlight Video
What is Agroecology?
Agroecology is the application of
ecological principles to agricultural
systems and practices. New farming
methods, like agroecology, practice
farming that works with nature and
reduces climate change
Food Action Plan Partner Tour to the Homeless Garden Project 3 Interviews of street vendors
Food Action Plan Highlights
Hayward Food Action Plan
Collecting local data to better
address local problems
Coordinating hours of distribution
Improving access to culturally relevant
foods
Improving language access to assistance
At the beginning of the planning process, the
Food Access & Security working group was
polled to identify their priority areas on
action items we could work towards. The top
three topics to address were:

1. 2.

3. Engaging educational partners to collect local data
The City partnered with Chabot College and California State University - East Bay and hosted 18 Food Action Plan college interns to work with partners and gather data on the top three topics identified by partners as well as other topics. Deliverables from these partnerships include: a map of Hayward and nearby food distribution sites for the public, surveys and analysis of clients at two different food distributions to learn about food preferences and dietary restrictions, and interviews of street vendors. Data was shared among partners for collective learning.

Public map of food distributionsides in and around Hayward Survey and analysis of food preferences
at South Hayward Parish and Hayward
Promise Neighborhoods
4 Map of Downtown Hayward
Farmer’s Market Attendees’
Location of Residence
South Hayward Farmer’s Market Interest
Survey with Eden Youth & Family Center
and Promotoras
The City collaborated with the Agricultural Institute of Marin (AIM) and Eden Youth and Family Center’s
Outreach and Promotoras Team to collect
information for a South Hayward Farmer’s Market
Interest Survey. The survey was distributed by the
City of Hayward’s Community and Media Relations
Team and heavily distributed by Eden Youth and
Family Center’s Promotoras Team focusing on South
Hayward community members.

The survey was translated into English, Spanish,
Tagalog, and Chinese and gathered nearly 1400
responses with overwhelming support. City staff will
continue to work with AIM to bring a farmer’s market
to South Hayward and can present findings to
Council if desired.

City staff also completed
dot surveying at the
Downtown Hayward
Farmer’s Market at the
request of AIM to determine
if Downtown Hayward market
attendees were coming
from South Hayward. The map
to the right shows a high
concentration in North
Hayward and Castro Valley.

With a few market
goers near the South
Hayward area.

Food Action Plan Highlights
Hayward Food Action Plan
5 Forging meaningful opportunities for Hayward youth
The City and Hayward Unified School District co-created a paid internship pilot program for 8 HUSD student in the summer of 2023. Interns worked with Eden Area Regional Occupational Programs, Forestr.org, Mills College to get hands on experience as well as professional development skills. They worked on Tennyson High School’s farm, cultivated and tended to EAROP’s garden, worked on Mill’s College’s farm, and developed a gleaning network and webpage for Hayward with Forestr.org. Youth broadened their knowledge on what it means to take part in their food system, and developed life skills in communication, team building, and work ethic.

For this work, the City was presented the EAROP’s Business Partner of the Year Award and will continue to sponsor another year of this pilot program through the grant planning funds of the Food Action Plan.

Food Action PlanHighlights
Hayward Food Action Plan
This remarkable opportunity for
students – to learn skills supporting
sustainability, food security, and
climate awareness, while earning a
stipend – was the result of a rich
collaboration between the City of
Hayward, Hayward Unified School
District, and the Eden Area Regional
Occupational Program. This, in turn,
was the result of a year-long effort to
build and braid systems that will
enhance food security for all
Hayward residents.
-Blaine C. Torpey, Superintendent of EAROP
6 Summary of Assets
Hayward Food Action Plan
Hayward is rich in knowledge, passion, and
dedication
Hayward is a diverse community with 39 percent Hispanic or Latino, 29 percent Asian, 16 percent White, and 11 percent two or more races. Its population has a wealth of generational knowledge of agricultural practices, health, and nutrition from different cultural backgrounds. The opportunity to link Hayward’s youth to this knowledge not only benefits their personal development, but also teaches them to be proud of their backgrounds and deepens their cultural roots. This was most apparent during the pilot internship program coordinated with Hayward Unified School District, Eden Area Regional
Occupational Programs, and Forest.org.

Tennyson Farm, Eden Area ROP’s Garden, and Forestr.org are just a few examples of grassroots projects that nurture community connection through food in and around Hayward.

Other examples include the Hayward Community Garden, Hazel Garden, Lydia’s Farm, Brown Girl Farms, Dig Deep Farm and Food Hub. It’s only natural these activities are occurring in Hayward given that the area was a predominantly agricultural area until the 1960s. The transition from being a predominantly agricultural community to suburban community left behind fertile, low pest land. As a result, Hayward has an abundant inventory of formerly agricultural land, much of it owned by the City and HUSD.

Community members with
agricultural backgrounds and
knowledge
Hayward is home to fertile land and
low pest populations
Hayward CBOs have developed
their own local networks to
increase food recovery
Hayward has a large food industry
sector
The Hayward area is home to a
handful of community-based
projects that nuture food systems
work
The Bay Area has a large pool of
regional professionals in food
systems work
There is willingness to collaborate
across sectors
Identified Assets
7 Hayward food recovery organizations leading the effort CBOs in Hayward have developed their own networks among each other. Organizations like Daily Bowl, a food recovery organization and consultant on SB1383, act as “connectors” and coordinate transporting recovered food across the Bay Area with food resource partners like South Hayward Parish. Another example of a connector organization is Forestr.org which focuses on gleaning, the practice of collecting excess harvest, from both private and public land fruit trees and redistributes the produce to food resource partners across Castro Valley, Contra Costa, and Hayward. Nine food recovery organizations (FROs) in Hayward including South Hayward Parish and Hope 4 the Heart put Hayward on the map for its food recovery efforts. In 2022, Hayward FROs ranked 2nd in the County in total pounds recovered out of 17 jurisdictions reporting 2,041,065 pounds of recovered food.

Partners expressed a need for more
centralized coordination around
food recovery specifically in
response to SB1383
Warehouse locations with
refrigeration for food distribution is
extremely limited
Barriers to access land for growing
Educational programming like
Project Eats ceased operations and
there is little to no support to
continue the work
Inconsistent citywide access to
affordable food and food
distribution. Service providers have
experienced increase in demand
for food, but lack the capacity to
expand services to address the
demand.

Nonprofits addressing food and
poverty are concentrated among a
few, compared to neighboring
cities with more condensed
nonprofit capacities
Service providers struggle to keep
up with rapid shifts in client
demographics (translation services,
outreach materials, offering
culturally appropriate food)
Small food entreprenuers
expressed a lack of programs to
support them with business growth
Lack of centralized coordination of
resource sharing across
organizations.

Summary of Gaps
Hayward Food Action Plan
Identified Gaps Increased demand for recovered foods may impact Hayward commercial businesses
Senate Bill 1383 (SB1383) aims to keep food and other
compostable materials out of landfills to reduce emissions that contribute to climate change. In Alameda County, the law is implemented and enforced under the Organics Reduction and Recycling Ordinance (ORRO), adopted by Council on November 16, 2021. In addition, SB1383 requires Tier 1 (supermarkets, grocery stores, wholesale food vendors) and Tier 2 (restaurants facilities, hotels, large venues) commercial edible food generators to recover the maximum amount of their edible food that would otherwise be disposed. StopWaste and partners provided insight on how Tier 2 organizations are facing challenges complying with SB1383 requirements and that
regional infrastructure is needed.

Tier 1 enforcement began in January 2022, with many Tier 1 generators in compliance due to already existing infrastructure.

Enforcement for Tier 2 generators will begin January 2024.

Many Tier 2 generators like local larger scale restaurants and hotels do not have existing infrastructure in place or may not be aware of these new state requirements, which could result in continued food waste and fines up to $500. StopWaste hosts resource groups and offers technical support around SB1383 response. However, the issue requires a more localized solution in an equitable, Hayward-centric manner.
8 Summary of Gaps
Hayward Food Action Plan
Partners expressed a need for more
centralized coordination around
food recovery specifically in
response to SB1383
Warehouse locations with
refrigeration for food distribution is
extremely limited
Barriers to access land for growing
Educational programming like
Project Eats ceased operations and
there is little to no support to
continue the work
Inconsistent citywide access to
affordable food and food
distribution. Service providers have
experienced increase in demand
for food, but lack the capacity to
expand services to address the
demand.

Identified Gaps Increased demand for recovered foods may impact Hayward commercial businesses
In addition to the City’s efforts, partners that are crucial to this work include Dig Deep Farms and Daily Bowl. The County’s partnership with Dig Deep Farms has demonstrated a
coordinated effort to move towards a circular economy that includes food recovery, farming, and second chance
employment opportunities. Dig Deep Farms is currently housed in the Alameda County Deputy Sheriffs Activities League (DSAL), championed by late Supervisor Wilma Chan. However, partners have expressed concerns with this work being in the Sheriff’s Office due to lack of community trust. Furthermore, DSAL staff have communicated they are seeking a new community partner to take on the administration and operation of Dig Deep Farms and Tri-CED Community Recycling has expressed interest in fulfilling that role. City staff is currently considering a proposal and funding request from Tri-CED which would incorporate Daily Bowls and other food recovery organizations.

Limited local warehouses with refrigeration
presents barriers to food distribution
In this past year, two organizations have reached out to the City asking for help to find warehouse locations with and without refrigeration including the San Leandro Family Help Center, which the City helped identify a temporary location at the old Skywest golf course clubhouse. The City’s Community Services and Economic Development Divisions have worked together to identify warehouse locations; however, warehouses with
refrigeration in the area is extremely limited. As the City builds upon their emergency preparedness plan, addressing solutions to the limited warehouse spaces with refrigeration will be essential. Industry partners and the Hayward Area Recreation District will be key to finding solutions to this gap.
9 Summary of Gaps
Hayward Food Action Plan
Partners expressed a need for more
centralized coordination around
food recovery specifically in
response to SB1383
Warehouse locations with
refrigeration for food distribution is
extremely limited
Barriers to access land for growing
Educational programming like
Project Eats ceased operations and
there is little to no support to
continue the work
Inconsistent citywide access to
affordable food and food
distribution. Service providers have
experienced increase in demand
for food, but lack the capacity to
expand services to address the
demand.

Identified Gaps Food providers struggle to keep up with changing client demographics
Prior to the pandemic, the service population for Eden United Church of Christ’s food distribution was 88 percent Latino or Hispanic. It is now 47 percent Asian or Pacific Islander and 43 percent Latino or Hispanic. This demographic shift was echoed by other service providers presenting obstacles to access additional resources for these new populations including offering translation services, updating outreach and operations materials, and procuring food that is culturally relevant. Not only are organizations sensitive to providing food that is appropriate to specific cultures, but they also aim to meet the dietary needs of the clients. In a survey performed by CSUEB interns at South Hayward Parish, 47.1% of survey participants (N=74) stated they are diabetic or had little to no tolerance to sugar. ACCFB is engaged in conversations around food procurement needs in Hayward and are consistently working towards meeting the food preferences and dietary needs of clients.

Disconnected stream of local resources
One of the gaps brought up by partners was that there is no centralized stream of communication for the community to access localized information on resources for where they can find food or where they can grow food. Individual organizations do their own targeted outreach for their specific programming, groups like the South Hayward Neighborhood Collective meet monthly to share information with one another, and the school district has Family Engagement Specialists that coordinate community newsletters. Additionally, the City’s Library Department hosts a Community Resource Guide and shares
information onsite, and the County has their 211 site which provides general information on services. However, partners expressed the need for a dedicated central landing page specific to the Hayward area that brings together these different networks and resources to be easily accessible to the whole community.
10 Summary of Gaps
Hayward Food Action Plan
Partners expressed a need for more
centralized coordination around
food recovery specifically in
response to SB1383
Warehouse locations with
refrigeration for food distribution is
extremely limited
Barriers to access land for growing
Educational programming like
Project Eats ceased operations and
there is little to no support to
continue the work
Inconsistent citywide access to
affordable food and food
distribution. Service providers have
experienced increase in demand
for food, but lack the capacity to
expand services to address the
demand.

Identified Gaps Partners seeking investments in educational programming and sustainable solutions
Partners have expressed the value in convening since these Hayward CBOs are at their maximum capacity addressing the day-to-day issues of the community. Compared to neighboring cities with more condensed nonprofit capacity, Hayward’s nonprofit groups addressing food and poverty are concentrated among a few. In the past, Hayward has hosted various
successful coordinated efforts provided by the County like the former Project Eat which was managed by the County’s
Department of Education and birthed the Tennyson Farm and Farm to Fork curriculum at Tennyson High. However,
coordinated efforts by the County have come and gone due to political turnover and the unfortunate loss of champions dedicated to this work. Furthermore, Hayward does not have an obvious organization with the capacity or mission to sustain and lead this local coordination effort and offer Hayward CBOs support in technical support, resource sharing, and resilience planning.
11 Recommended Priorities and Next Steps
Hayward Food Action Plan
Wide to narrow: distilling three main priorities
The process of convening and collecting information from partners with diverse perspectives takes attentive listening and facilitation. In an activity with partners, City staff asked hypothetically, “In an ideal world, if you could have one thing related to the Food Action Plan, what would it be?” Partners responded with the below sticky notes with responses varying from hosting community fridges to receiving support for applying for funding to building funding streams for food recovery.

In the following activity, staff asked partners, “Of those suggested, which ones feel most attainable, yet aspirational?” Partners responded with the below sticky notes. Responses include desire to continue convening, seek further funding and infrastructure to support food access and food recovery, and developing a resource page.

Image 1. Hypothetical question responses from Food Action Partners 12 Image 2. Hypothetical question responses from Food Action Partners Continue convening and
sharing information across
partners
Ongoing City support to
seek funding opportunities
and communicate
resources
Centralized coordination in
food recovery specifically in
response to SB1383
Three Main
Priorities
Recommended Priorities and Next Steps
Hayward Food Action Plan
13 Continue convening and
sharing information across
partners
Ongoing City support to
seek funding opportunities
and communicate
resources
Centralized coordination in
food recovery specifically in
response to SB1383
Three Main
Priorities
Wrapping up and next steps
Feed Hayward has committed to hosting a partnership meeting at least once a quarter moving forward.

City staff will continue to explore funding opportunities for related food work that is currently in the City’s scope of work and share opportunities and offer letters of support for partners.

City staff plans to organize a central food resource page to share with the public and partners along with a public food distribution map.

StopWaste hosts regional resource groups and offers technical support around SB1383 response. However, partners have
shared the need for additional coordination and more localized solution to connect food generators with food distributors and ensure businesses have what they need to successfully meet the State mandate. Hayward’s Environmental Services Division is proposing a series of related action steps as part of the proposed Climate Action Plan (see Attachment III for a draft list).

Local partners that are crucial to food recovery include Daily Bowl and Dig Deep Farms, which is housed in the Alameda County Deputy Sheriffs Activities League (DSAL) and was championed by late Supervisor Wilma Chan. DSAL and Daily Bowl, in partnership with Tri-CED, recently approached City staff with a proposal and funding request to increase food recovery activities in Hayward. Environmental Services staff is reviewing this proposal.

Ongoing space to continue convening and sharing resource Ongoing City support to seek funding opportunities and communicate resources to the community
Centralized coordination in food recovery specifically in response to SB1383

ATTACHMENT III
Proposed Food Recovery Actions
Food recovery and food access are both highlighted in the draft Climate Action Plan and draft Environmental Justice Element that will be brought to Council in December 2023 and January 2024, tentatively, for adoption.

Within the draft Climate Action Plan (CAP), City staff have outlined the following complimentary actions to ensure compliance with SB1383 and meeting equity goals:
 Action SW 1.3: Continue to implement edible food recovery ordinance for edible food generators, food recovery services, or organizations that are required to comply with SB1383.
 Action SW 1.5: Work with StopWaste to conduct targeted outreach with food recovery organizations, generators, haulers, facilities, and local agencies to promote strategies to implement requirements of SB1383.
 Action SW 1.10: Establish an edible food recovery program to minimize food waste.

Leverage CalRecycle supports projects that prevent food waste or rescue edible food. Partner with existing pantries like CSUEB, South Hayward Parish to identify and advertise locations for surplus food to be taken in the community.  Action SW 1.12: Work with local organizations, StopWaste, and investigate various funding/grant opportunities to fund edible food recovery organizations so they can expand and handle increased volume.
 Action SW 1.14: Partner with StopWaste to conduct a feasibility study and identify next steps to ensure edible food reuse infrastructure in Hayward is sufficient to accept capacity needed to recover 20% of edible food disposed of within Hayward.  Action SW 2.1: Continue to implement the ORRO adopted in November 2021 in alignment with the Countywide ORRO ordinance. Support StopWaste and County Environmental Health in the enforcement of the ORRO within the City.  Action 2.15: Explore funding opportunities to increase the circular food economy

Within the draft Environmental Justice (EJ) General Plan Element, City staff have outlined the following complimentary programs to ensure equitable food access:
 Program EJ-3.2: Partner with local non-profits and food banks to expand the availability of subsidized food programs for marginalized communities.  Program EJ-3.3: Develop a City-sponsored food delivery program for senior citizens and disabled residents in Hayward that may have limited access to food banks and non-profits due to transportation impediments.
 Program EJ-3.4: Partner with Alameda County in the All In Eats and other programs intended to support the circular food economy and expand food access.

Page 1 of 1 ends

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 23-038
DATE: October 24, 2023
TO: Mayor and City Council
FROM: City Manager
Acting Chief of Police

SUBJECT
Police Community Advisory Panel Recommendations: Review and Discuss Community Services Commission and Community Advisory Panel Ad Hoc Committee’sRecommendations for Changes to the Police Community Advisory Panel

RECOMMENDATION
That Council: 1) reviews and discusses recommendations from the Community Services Commission (CSC) and Police Community Advisory Panel (CAP) ad hoc committee regarding changes to the CAP to increase transparency and 2) provides staff with direction on any next steps related to the CAP.

SUMMARY
Over the past several years, some members of the CSC have been increasingly interested in the topics of racial equity and public safety and considering policy recommendations that could be made to the City Council. Some of these efforts include adopting a letter of support affirming Black Lives Matter and accompanying recommendations for Council consideration, and recommending Council issue a formal apology to Black, Indigenous, and People of Color (BIPOC) on behalf of the City of Hayward for its implicit and explicit role in perpetuating historical institutional racism in the City of Hayward. The formal apology was also accompanied by specific actions that the CSC recommended the City take, some of which Council integrated into its first Strategic Roadmap update.

On June 21, 2023, the CSC held a discussion about the Hayward Police Department’s (HPD) CAP. City Manager Kelly McAdoo and Acting Police Chief Bryan Matthews attended the meeting to address the CSC’squestions and considerations regarding the CAP. Prior to the June meeting, the CSC identified the following items for consideration regarding the CAP, all of which require Council direction:
1) That the CAP be a Brown Act meeting body
2) That members of the CAP complete a Form 700 Statement of Economic Interest, as other members of City Boards and Commissions complete
3) That interviews to fill CAP vacancies be public
CITY OF HAYWARD Printed on 10/20/2023Page 1 of 2
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File #:WS 23-038
4) That there be a designated seat on the CAP for a member of the CSC 5) That there be increased transparency and communication from the CAP to the broader community
At the June discussion, the CSC adopted a motion to form an ad hoc committee consisting of members of the CSC and CAP, along with a member of Council appointed by the Mayor. The ad hoc committee ultimately consisted of three CSC members, one CAP member, and one Council Member (Council Member Roche), and met on August 21 and September 25, 2023.

The ad hoc committee discussed the above considerations and mostly came to consensus on recommendations, with some varying perspectives on making the CAP a Brown Act body and requiring CAP members to complete a Form 700. Their recommendations were shared with the CAP via email and at the October 9, 2023, CAP meeting. They will also be reported to the full CSC on October 18, 2023, which is after the completion of this report writing. Should the CSC take any action, staff will provide Council with a supplementary memorandum in advance of this work session date.

Staff recommends that the Council review the recommendations from the ad hoc committee as described in this report and provide staff with direction on any changes to the CAP.

ATTACHMENTS
Attachment I Staff Report
Attachment II Ad Hoc Committee Minutes
CITY OF HAYWARD Printed on 10/20/2023Page 2 of 2
powered by Legistar™

Page 1 of 6 ends

DATE: October 24, 2023

TO: Mayor and City Council

FROM: City Manager
Acting Chief of Police

SUBJECT: Police Community Advisory Panel Recommendations: Review and Discuss Community Services Commission and Community Advisory Panel Ad Hoc Committee’s Recommendations for Changes to the Police Community Advisory Panel

RECOMMENDATION

That Council: 1) reviews and discusses recommendations from the Community Services Commission (CSC) and Police Community Advisory Panel (CAP) ad hoc committee regarding changes to the CAP to increase transparency and 2) provides staff with direction on any next steps related to the CAP.

SUMMARY

Over the past several years, some members of the CSC have been increasingly interested in the topics of racial equity and public safety and considering policy recommendations that could be made to the City Council. Some of these efforts include adopting a letter of support affirming Black Lives Matter and accompanying recommendations for Council consideration, and recommending Council issue a formal apology to Black, Indigenous, and People of Color (BIPOC) on behalf of the City of Hayward for its implicit a nd explicit role in perpetuating historical institutional racism in the City of Hayward. The formal apology was also accompanied by specific actions that the CSC recommended the City take, some of which Council integrated into its first Strategic Roadmap update.

Page 2 of 6 ends

5) That there be increased transparency and communication from the CAP to the broader community

At the June discussion, the CSC adopted a motion to form an ad hoc committee consisting of members of the CSC and CAP, along with a member of Council appointed by the Mayor. The ad hoc committee ultimately consisted of three CSC members, one CAP member, and one Council Member (Council Member Roche), and met on August 21 and September 25, 2023.

Staff recommends that the Council review the recommendations from the ad hoc committee as described in this report and provide staff with direction on any changes to the CAP.

BACKGROUND

The staff report from the June 21, 2023, CSC meeting reviews the CSC mission and purview and summarizes the body’s work of the last several years to advance racial equity and public safety in the City.1 This includes writing a letter of support affirming Black Lives Matter and developing short -term, near -term, and long -term recommendations fo r the Council’s consideration,2 which were reviewed and discussed in July 2020 at the Council and Budget Finance Committee.3

Among the recommendations was that the Council issue an apology to the Black, Indigenous, and People of Color (BIPOC) Communities on behalf of the City for its complicity in institutional racism in the City of Hayward. At the September 2021 CSC meeting, the CSC recommended that Council adopt a resolution apologizing to BIPOC individuals on behalf of the City of Hayward for its impli cit and explicit role in perpetuating historical institutional racism in the City of Hayward and to review the associated 11-point workplan to address the City’s historical wrongdoings. 4 The Council then adopted the recommended resolution and

1 Community Services Commission Meeting, June 21, 2023, https://hayward.legistar.com/LegislationDetail.aspx?ID=6262146&GUID=6151FEC1 -EEF0-4F39-A1BA- A375B8FA622B&Options=&Search=
2 Community Services Commission Meeting, July 15, 2020, https://hayward.legistar.com/LegislationDetail.aspx?ID=4590492&GUID=B0148C0F -740C-4D0A-BC0B- 14EECDE77EFD&Options=&Search=
3 Council and Budget Finance Committee Meeting, July 29, 2020, https://hayward.legistar.com/LegislationDetail.aspx?ID=4600482&GUID=8F86DDDF -DB21-4479-8DC8- E287D2216533
4 Community Services Commission Meeting, September 15, 2021, https://hayward.legistar.com/LegislationDetail.aspx?ID=5134393&GUID=F9E12BE6 -7847-433C-8682- EA47F224909E&Options=&Search=

Page 3 of 6 ends

reviewed the associated workplan at the November 2021 Council meeting.5 At the December 2021 CSC meeting, the CSC prioritized the 11 recommendations for addressing racial equity6 to then inform the Council’s Strategic Roadmap discussion. 7 In May 2022, Council adopted the updated Strategic Roadmap that integrated a subset of the CSC’s prioritized recommendations into the FY 2023 budget.8

On June 21, 2023, the CSC hosted City Manager Kelly McAdoo and Acting Police Chief Bryan Matthews to discuss the CSC’s concerns regard ing the CAP. CSC members asked several questions, focusing on themes of transparency and information sharing, understanding the current membership of the CAP, and identifying ways in which the CAP was operating in alignment with its guiding documents. Following the discussion, the CSC adopted a motion to form an ad hoc committee with CAP and CSC members and a Council member appointed by the Mayor to further review and discuss the five items for consideration identified in the June 21, 2023, staff report.

The ad hoc committee consisted of the following members:
 CSC Commissioner and Vice Chair Austin Bruckner Carrillo  CSC Commissioner Linda Moore
 CAP Member Georgette Munoz
 CSC Commissioner Lenita Wheeler
 Council Member Julie Roche

The committee met on August 21 and September 25, 2023. This report includes a summary of their discussions in order for Council to review and provide staff with direction for further action.

The CSC met on October 18 , 2023, to discuss the ad hoc committee’s recommendations.

Given the close timing of this meeting with this work session, staff are unable to include information from that discussion in this report; however, staff plan to provide a memorandum to Council wi th any supplementary information about the CSC’s discussion and any actions taken.

DISCUSSION

At the ad hoc committee’s first meeting on August 21, 2023, the group discussed each of the five considerations from the June 21, 2023, staff report in detail. The minutes from this

5 City Council Meeting, November 16, 2021,
https://hayward.legistar.com/LegislationDetail.aspx?ID=5213904&GUID=FD8EB2CB -F75B-4F98-849F- 046FD5945066&Options=ID|Text|&Search=racism
6 City Council Meeting, December 15, 2021,
https://hayward.legistar.com/LegislationDetail.aspx?ID=5357324&GUID=BE032359 -5F5E-4509-A463- F0F9B39C371C&Options=ID|Text|&Search=racism
7 City Council meeting, January 29, 2022,
https://hayward.legistar.com/LegislationDetail.aspx?ID=5393313&GUID=12247277 -54D4-42FA-B0D1- 1DB3ADCC23D7&Options=ID|Text|&Search=roadmap
8 City Council Meeting, May 3, 2022,
https://hayward.legistar.com/LegislationDetail.aspx?ID=5565349&GUID=459912E5 -E1C0-4580-BE80- 3DFEFBC33C72&Options=&Search=

Page 4 of 6 ends

meeting are available as Attachment II and summarize their discussion of each consideration.

At the second ad hoc committee meeting on September 25, 2023 , staff proposed an alternative process of bringing the recommendations from the first meeting directly to Council for action. Staff made this recommendation based on comments from the CSC’s September meeting expressing concern about the pace of the racial equity and public safety work and based on feedback from CAP members with co ncerns about the CSC making recommendations regarding another appointed body. Following discussion of this alternative approach, staff recommended taking the ad hoc committee’s recommendations to a Council Work Session on October 24, which would include a memo outlining any further discussion from the CSC’s monthly meeting on October 18. One member of the ad hoc supported this approach while two members did not (one member was absent) . Council Member Roche indicated that bringing the ad hoc committee’s recommendations to Council for consideration was a reasonable approach. . This work session staff report was included as an attachment to the October 18 CSC item for commissioners’ reference.

To ensure a clear understanding of each ad hoc member’s perspective regarding the five considerations for changes to the CAP, members went through the list and clearly articulated their preferences. That discussion is summarized in Table 1 below.

Table 1. Ad Hoc Member Preferences

Considerations Ad Hoc Member Preference
Bruckner Carrillo Moore Munoz

1. That the CAP be
a Brown Act
meeting body
Only comfortable with
“Brown Act adjacent”
option if the CSC votes
in support of it;
otherwise wants a
Brown Act body
Prefers a “Brown Act
adjacent” alternative
that includes public
meetings noticed 72
hours in advance but
does not require a
quorum
Prefers a “Brown Act
adjacent” alternative
that includes public
meetings noticed 72
hours in advance but
does not require a
quorum

2. That members
of the CAP
complete a
Form 700
In favor of Form 700
requirement
In favor of Form 700
requirement; open to
creating an alternative
internal form as a
compromise
Not completely
opposed but expressed
concerns that the
requirement would
create barriers to
participation

3. That interviews
to fill CAP
vacancies be
public
In favor of 1) Council
making nominations
for applicants to be
interviewed
confidentially by panel
of Police Chief, the City
Manager, the Mayor,
and a member of
Council appointed by
the full Council and 2)
public Council vote on
panel
In favor of 1) Council
making nominations
for applicants to be
interviewed
confidentially by panel
of Police Chief, the City
Manager, the Mayor,
and a member of
Council appointed by
the full Council and 2)
public Council vote on
panel
In favor of 1) Council
making nominations
for applicants to be
interviewed
confidentially by panel
of Police Chief, the City
Manager, the Mayor,
and a member of
Council appointed by
the full Council and 2)
public Council vote on
panel

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Considerations Ad Hoc Member Preference
Bruckner Carrillo Moore Munoz
recommendations with
full list of applicants
made public
recommendations with
full list of applicants
made public
recommendations with
full list of applicants
made public

4. That there be a
designated dual
seat on the CAP
for a member of
the CSC
Not necessary if the
first three
recommendations are
adopted
Not necessary if the
first three
recommendations are
adopted
Not necessary if the
first three
recommendations are
adopted

5. That there be
increased
transparency &
communication
from the CAP to
the broader
community
Not necessary if the
first three
recommendations are
adopted
Not necessary if the
first three
recommendations are
adopted
Not necessary if the
first three
recommendations are
adopted

Staff recommends that Council takes the following action:
 Review and discuss the recommendations from the CSC and CAP ad hoc committee regarding changes to the CAP to increase transparency
 Provide staff with direction on any next steps related to the CAP

In addition to t he changes recommended in the table above, staff also recommend s that further efforts around transparency for the CAP be made through enhancements to the CAP website with regular updates and additional information regarding members, meeting dates, and other activities. In addition, staff recommends a change to the CAP membership criteria that would preclude individuals holding elected office from serving on the CAP. Members of appointed bodies would still be eligible to participate. These criteria would go into effect with the next CAP recruitment process that would run concurrently with the recruitment process for other City boards and commissions.

ECONOMIC IMPACT

There is no economic impact associated with this item.

FISCAL IMPACT

There is no fiscal impact associated with this item.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, it relates to the following project:

Project Q5 Conduct an analysis of the Community Advisory Panel for the Police Department

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PUBLIC CONTACT

Each CSC meeting is open to the public and is noticed in advance. No comments were received from the public related to the CAP items preceding October 18 . Any public comments received at the October 18, 2023, CSC meeting will be included in the supplementary memorandum to Council.

NEXT STEPS

Staff will implement Council direction as provided in this work session.

Prepared by: Amy Cole-Bloom, Community Services Manager

Recommended by: Regina Youngblood, Assistant City Manager Bryan Matthews, Acting Police Chief

Approved by:

_______________________________________
Kelly McAdoo, City Manager

Page 1 of 5 ends

COMMUNITY SERVICES COMMISSION
AD HOC COMMITTEE: CAP RECOMMENDATIONS
777 B Street, Hayward, CA 94541
Conference Room 2A

MEETING MINUTES
Monday, August 21, 2023 – 5:30 - 7:00 p.m.

ATTENDEES

Ad Hoc Members Present:
• Austin Bruckner Carillo, CSC Commissioner / Vice Chair • Linda Moore, CSC Commissioner
• Georgette Munoz, CAP Member
• Lenita Wheeler, CSC Commissioner

Ad Hoc Members Absent:
• Pascal Garcia-Montpetit, CSC Commissioner

Council Liaison:
• Council Member Julie Roche

Staff:
• Amy Cole-Bloom, Acting Community Services Manager
• Bryan Matthews, Acting Police Chief
• Kelly McAdoo, City Manager
• Regina Youngblood, Assistant City Manager

DISCUSSION

Following introductions, staff provided the attached presentation (Attachment I).

Ad hoc members discussed the following five considerations as outlined in the presentation and June 21, 2023, CSC informational item:

1. That the CAP be a Brown Act meeting body

2. That members of the CAP complete the form 700 Statement of Economic Interest

3. That interviews to fill CAP vacancies be public

4. That there be a designated dual seat on the CAP for a member of the CSC

5. That there be increased transparency and communication from the CAP to the broader community

The following notes summarize key points from the discussion of each consideration.

That the CAP be a Brown Act meeting body
Acting Community Services Manager Cole-Bloom summarized the CSC discussion from June.

Commissioner Bruckner Carillo spoke in favor of making the CAP a Brown Act body, citing the need for public transparency and engagement.

Page 2 of 5 ends

Acting Chief Matthews and City Manager McAdoo stated that the current nature of the CAP allows for the opportunity to cover a range of topics within shorter timeframes without being constrained by what is on a published agenda.

City Manager McAdoo confirmed that it is possible to hold confidential meetings in compliance with the Brown Act through a closed session. She no ted that if the CAP were a Brown Act body, meetings would require a quorum to move forward.

City Manager McAdoo suggested amending the CAP bylaws to reflect the ad hoc committee’s expectations about transparency and community engagement while still maintaining the flexibility and confidentiality that currently exists. Commissioner Moore expressed concerns with bylaw revisions as a solution given that other components of the bylaws are not currently being followed. She shared that she was open to alternatives other than a Brown Act body but noted that she expected it to still have the same standards as other public meeting bodies, including for recruitment, attendance, and meeting frequency.

Commissioner Bruckner Carillo expressed his comfort with not making the CAP a Brown Act body as long as the meetings are public. He emphasized and sought confirmation from the City Manager that Brown Act meeting bodies can still discuss confidential information, which the City Manager confirmed.

Commissioner Wheeler requested clarification on what types of confidential items the CAP discusses, and the nature of the third-party facilitator originally hired to work with the CAP.

City Manager McAdoo summarized that a third-party facilitator had been hired as a neutral facilitator, but she had to withdraw. Acting Chief Matthews shared examples of confidential items discussed by the CAP, including body worn camera footage, critical incidents , and officer involved shootings.

Council Member Roche shared concerns that changing the CAP to a Brown Act body changes the nature of the CAP for members in terms of the required commitment and nature of participation.

Members of the ad hoc committee reached a consensus that they will review revised bylaws that make the CAP a “Brown Act adjacent” body, with clear expectations for making the meetings public and establishing structures similar to other those of public meeting bodies, with the exception of having a quorum.

That members of the CAP complete the Form 700 Statement of Economic Interest City Manager McAdoo summarized the purpose of the Form 700 Statement of Economic Interest as a way to identify financial conflicts among those serving. She stated that she did not believe that requiring CAP members to complete the Form 700 would create any strong barriers to participation. City Manager McAdoo clarified that the forms are submitted to the state and are only reviewed if a complaint is filed, though they can be requested by the public.

Council Member Roche expressed some concern about the requirement and stated that she would need to think about it given the current expectations of the CAP.

That interviews to fill CAP vacancies be public

Page 3 of 5 ends

City Manager McAdoo summarized the interview process for other City of Hayward boards and commissions.

Commissioner Bruckner Carillo expressed his strong belief that the whole interview process should be public and that the whole Council should have the opportunity to provide input on the selection process as opposed to the Mayor being the only elected official making appointments alongside the City Manager and Police Chief.

Members and staff discussed different options for making interviews public while still protecting the privacy of applicants who may have prior justice involvement or be undocumented immigrants.

Commissioner Wheeler asked for more information about the initial benchmarking research completed by City staff when the CAP was developed to better understand what elements of the CAP are typical of bodies in other jurisdictions. Commissioner Bruckner Carillo noted that the findings of the initial benchmarking research are likely out of date, noting that many police advisory bodies have evolved since 2020. Acting Chief Matthews and City Manager McAdoo stated that staff will share the original research if available and will work to update the research in advance of the next ad hoc meeting.

Council Member Roche noted that the CAP was established to be a direct ear to the Chief, as opposed to a policy advisory body that makes recommendations to Council. She expressed concern that some of the changes being discussed would change the nature of the CAP. Sh e stated her willingness to discuss with her Council colleagues.

Members reached consensus that they would be comfortable recommending that interview panel consist of the Police Chief, the City Manager, the Mayor , and a member of Council appointed by the full Council. They also recommended that the full Council vote on the interview panel’s recommended appointments in a public meeting and that the full list of applicants be made public.

That there be a designated dual seat on the CAP for a member of the CSC Commissioner Bruckner Carillo shared that in prior years, there was a member of the CSC who also served on the CAP and provided updates on CAP activities to the CSC. He noted that CSC members were under the impression that the CSC member’s seat was designated for the CSC, but that they now understand that there are no designated seats.

Acting Community Services Manager Cole-Bloom summarized the CSC discussion from June.

Acting Chief Matthews noted that any member of the CSC can apply for the CAP.

Panelist Munoz asked for more information about the CSC standing item on racial equity and public safety. Members and staff discussed the origin of the standing item and its purpose.

Commissioner Bruckner Carillo stated that he does not have a strong opinion about the dual seat consideration or the fifth consideration because if the first three considerations discussed are implemented, the last two would be addressed.

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Council Member Roche expressed concern about a dual seat, stat ing that the CSC does not have purview over the CAP and that a dual seat would establish a challenging precedent. She suggested that a departmental report to the CSC would be more appropriate.

Commissioner Wheeler stated that, while she could not speak for the CSC as a whole, she did not think the dual seat was necessary.

The members reached consensus that a dual seat serving on the CSC and CAP is not necessary and would not likely be included in the proposed recommendations to Council.

That there be increased transparency and communication from the CAP to the broader community
Acting Community Services Manager Cole- Bloom referenced the examples of efforts to increase transparency and improve communication that were included in the presentation and asked if there were other activities the members would want to include. Commissioner Wheeler clarified that the examples are not exhaustive and sought input from other members to see if they had additions.

Panelist Munoz asked for clarification about how CS C agendas are published and how the community is notified of meetings. She also asked for more information about what website improvements for the CAP website would entail.

Following the discussion of the five considerations, there was additional conversation to clarify that the current CAP bylaws do not establish any quorum requirements. There was also discussion about how the CAP responds to emergency or critical public safety items.

Commissioner Moore asked for clarification on how much time would be needed to notice emergency meetings of the CAP. Members emphasized the importance of being able to notice all CAP meetings publicly in advance, even for those called with shorter notice.

Council Member Roche stated that she would like to see greater input from the CAP on this process, including presenting the recommendations to the CAP at an upcoming meeting.

Commissioner Bruckner Carillo requested that when the information is presented to the CAP that it be made clear that, if the CAP were a Brown Act body, it could still discuss confidential information.

NEXT STEPS

Staff and members discussed the timeline for the ad hoc committee’s future meetings and reporting to the CSC and determined that an additional month is needed to complete the work of the ad hoc committee. Under the updated timeline, the CSC members on the ad hoc will provide a progress report to the CSC in September and present their recommendations in October.

Staff will sc hedule the next ad hoc meeting and will conduct the following activities in advance of the next meeting:
• Create a redline draft of bylaws reflecting the committee’s recommendations • Share the matrix of CAP benchmarking research with the committee • Update and share the original matrix of CAP benchmarking research • Send June 21, 2023, CSC meeting materials and recording to the CAP

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• Send Brown Act information guide to the CAP

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-039
DATE: October 24, 2023
TO: Mayor and City Council
FROM: City Manager, City Attorney and City Clerk

SUBJECT
Council Member Handbook: Adopt a Resolution Approving Modifications and Edits to the Council Member Handbook

RECOMMENDATION
That the Council adopts a resolution to implement final edits and modifications to the Council Member Handbook (Attachment II).
..End

SUMMARY
The Council Member Handbook was adopted in July 1983 to provide procedural rules for how the Council will operate. The Council typically reviews the handbook annually and adopts changes to processes and procedures as necessary. The Council held a retreat on April 22, 2023 and discussed proposed changes to the handbook. As a follow up to that discussion, the Mayor appointed an Ad Hoc Committee, comprised of Council Members Goldstein, Syrop and Mayor Salinas, to review and recommend final edits to the handbook. The Ad Hoc Committee met on June 12, July 10, and September 18 and staff has prepared this report and attachments to capture the edits and modifications made to the Council Handbook. The Ad Hoc Committee recommends that the Council adopts a resolution (Attachment II) to implement the final proposed changes to the Handbook.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Council Member Handbook
Attachment IV City Council’s Appointed Officials Handbook CITY OF HAYWARD Printed on 10/20/2023Page 1 of 1
powered by Legistar™

Page 1 of 15 ends

DATE: October 24, 2023

TO: Mayor and City Council

FROM: City Manager
City Attorney
City Clerk

SUBJECT: Council Member Handbook: Adopt a Resolution Approving Modifications and Edits to the Council Member Handbook

RECOMMENDATION

That the Council adopts a resolution to implement final edits and modifications to the Council Member Handbook (Attachment II).

SUMMARY

The Council Member Handbook was adopted in July 1983 to provide procedural rules for how the Council will operate. The Counci l typically reviews the hand book annually and adopts changes to processes and procedures as necessary. The Council held a retreat on April 22, 2023 and discussed proposed changes to the handbook. As a follow up to that discussion, the Mayor appointed an Ad Hoc Committee, comprised of Council Members Goldstein, Syrop and Mayor Salinas, to review and recommend final edits to the handbook. The Ad Hoc Committee met on June 12, July 10, and September 18 and staff has prepared this report and attachments to capture the edits and modifications made to the Council Handbook. The Ad Hoc Committee recommends that the Council adopts a resolution (Attachment II) to implement the final proposed changes to the Handbook.

BACKGROUND AND DISCUSSION

The Council Member Ha ndbook ( Handbook) provi des p rocedural rules for how the City Council will operate as a body. The Handbook was adopted in July 1983 and since then, has gone through various revisions over the years as needed. The last revision was completed in 2021.

At the April 22, 2023, Council Governance Retreat, the Council reviewed the Handbook and discussed various modifications. Following the meeting, the Mayor appointed an Ad Hoc Committee consisting of himself, Councilmember Goldstein, and Councilmember Syrop to

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finalize proposed changes to the handbook. The Ad Hoc Committee met on June 121, July 10,2 and September 183 and was able to reach a consensus regarding proposed changes to the handbook. The most substantive changes to the Council handbook include 1) Compensation for Members of the City Council; 2) Council Office Budget and Expenditure Guidelines ; 3) Special Meetings; 4) Agenda; 5) Delivery of Agenda; 6) Rules, Decorum, and Order; 7) Motion to Amend; 8) Council Committees and Appointments to Alameda County Agencies and Other Regional Boards; 9) Responsibility of Council Liaison; and 10) Committees, Commissions and Task Forces (City Council’s Appointed Officials Handbook-Term of Office & Attendance and Vacancies).

1) COMPENSATION FOR MEMBERS OF THE CITY COUNCIL: (pages 5-6)

City staff conducted a review of these sections and do not recommend any changes to the language therein. Three compensation options were drafted by Human Resources to bring pay for the Mayor and Council into closer alignment with the intent of the ordinance governing Council compensation. The Ad Hoc Committee selected Option 2.

Option 1:

Make no changes to the current Mayor and Councilmember salaries. Adhere to provisions outlined in the Hayward Municipal Code Chapter 2, Article 1, Section 2-1.10 moving forward and beginning in FY2025.

Option 2:

Update Mayor and Councilmember salaries to reflect salaries that would be in place had provisions outlined in the Hayward Municipal Code Chapter 2, Article 1, Section 2-1.10 been applied consistently beginning FY2004 through FY2024. Based on CPI data through this period, the salary of Mayor would be $69,288 and the salary of Councilmember would be $43,305; adhere to provisions outlined in the Hayward Municipal Code Chapter 2, Article 1, Section 2-1.10 moving forward and beginning in FY2025.

Option 3:

Update Mayor and Councilmember salaries to reflect salaries that would be in place had provisions outlined in the Hayward Municipal Code Chapter 2, Article 1, Section 2-1.10 been applied consistently beginning FY2016 through FY2024. Based on CPI data through this period, the salary of Mayor would be $52,782 and the salary of Councilmember would be $32,989; adhere to provisions outlined in the Hayward Municipal Code Chapter 2, Article 1, Section 2-1.10 moving forward and beginning in FY2025.

1 6/12/23 Ad Hoc Committee: Modifications to Handbook CITY OF HAYWARD - File #: RPT 23-064 (legistar.com)
2 7/10/23 Ad Hoc Committee: Modifications to Handbook CITY OF HAYWARD - File #: RPT 23-064 (legistar.com)
3 9/18/23 Ad Hoc Committee: Modifications to Handbook CITY OF HAYWARD - Meeting of Ad Hoc Committee on 9/18/2023 at 2:00 PM (legistar.com)

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Handbook excerpt (pages 5-6)

COMPENSATION FOR MEMBERS OF THE CITY COUNCIL
4Any compensation to be paid to members of the Council shall be established by ordinance and shall apply to all incumbent members of the Council. The Council may likew ise c hange s uch com pensation; however, such change shall not be effective until one or more members of Council becomes eligible for such change in compensation by virtue of beginning a new term of office.

In addition, each member of the Council shall receive reimbursement on order of the Council for Council authorized traveling and other expenses when on official duty. (Sec. 603. City Charter] Ordinance 01 -12 will be updated in 2019.

Compensation for Members of the City Council:

(a) Each Cou ncil Member shall receive com pensation for services rendered in an official capacity.

(b) From and after the fiscal year beginning July 1, 2003, and for each fiscal year thereafter, the compensation for the Mayor and each Council Member may be increased by an amount equivalent to the percent increase in the "Consumer Price Index San Francisco-Oakland Metropolitan Area - All Items," published by the Bureau of L abor Statistics, United States Department of Labor, for the twelve -month period ending June of each fiscal year. However, in no event shall any such increase be greater than 5%.

(c) In addition, the Mayor and members of Council shall receive reimbursement for Council authorized travel and expenses while on official City duty.

(d) Each Council Member and the Mayo r may make volunt ary contribution to deferred c ompensation b enefits unde r the City of Hayward's Deferred Compensation Plan for employees. The rate of compensation received under this plan by the Mayor an d each Council Member shall be the same as that received by Unrepresented Management employees, as amended from time to time.
(Section 2-1.10, Hayward Municipal Code)

2) COUNCIL OFFICE BUDGET AND EXPENDITURE GUIDELINES: (page 13)

The Council Ad Hoc Committee reviewed the section and provided input as noted below in red underlined and strike through text.

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Handbook excerpt (page 13)

COUNCIL OFFICE BUDGET AND EXPENDITURE GUIDELINES
The City Council adopts an annual City budget for all se rvices. The Council holds budget work sessions in May and June, which are open to the publi c. The draft budget is also s cheduled for a pu blic hearing in June at a City Co uncil meeting and adopted at the following City Council meeting.

As part of the annual budget adoption, the City Council may appropriate budgets for each Councilmem ber and the Mayor t o utilize in the execution of the duties of their respective offices.

The use of these funds mus t always be in complia nce with the City's purchasing policies , the Employee Expense Reimbursement Policy, and other applicable City policies and procedu res. In addition, the Council has established the following additional policies to govern the use of these funds:

1) Councilmembers and the Mayor can be reimbursed for actual and necessary expenses incurred in the pe rformance of official duties, subject to budget, applicable laws, ethical standards, and procedures established by Council. The Mayor is allocated a total of $5,000 to cover educational and discretionary expenses and e ach Councilmember is allocated a total of $2,500 for the same. An expense will not be reimbursable if it supports a political activity or if it is paid for or reimbursed by another entity or person.

2) Expenses may be incurred for the following activities:

a) Attending educational seminars or seminars designed to improve elected officials' skill and/or information level; b) Purchase of books or educational materials th at will be returned to the City at the end of the term of office;
c) Participating in regional, state, and national organizations whose activities affect the City's interests or where the Council member serves as the appointed voting delegate (or alternate) or where the Council member serves on a committe e or is asked to share the City's expertise;

d) Attending City -sponsored events or functions where payment shall be made for the Councilmember only to participate; e) Communicating w ith representatives of regional, state, and national gover nment on City -adopted policy positions when such trips have been preapproved and authorized by the whole Council;
f) Sponsorship of community events; and

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g) Other expenses approved by the City Manager and Mayor Council in advance of their incurrence.

Should the City Manager and Mayor disagree on approving certain expenses, members of the City Council could bring forward a Council Referral Memorandum to be considered by the entire Council.

3) Reimbursable expenses may incl ude (a nd in compliance with the City's Employee Expense Reimbursement Policy): registration fees; transportation; lodging; meals (excluding alcohol); and long-distance phone calls/internet connectivity (used for City business).

Administrative Rule 2.51 - Employee Expense Reimbursement Policy

3) SPECIAL MEETINGS/CALLING/NOTICE: (page 20)

The Council Ad Hoc Committee reviewed the section and did not recommend any changes but request ed t hat staff in clude language about extr a me etings during future Council orientations.

4) AGENDA: (page 22)

The City has created protocols to disconnect a caller upon direction of the Chair should meetings become disrupted during Zoom public comments. The City also created language for the Public Comment section of the City Council agenda to inform the public the City will not tolerate disruptions during public meetings. The Public Comments section for Council Meeting Agendas is proposed to be revised as noted below in red underlined text.

Handbook excerpt (page 22)
AGENDA

Public Comments for Council Meeting Agendas shall read:

The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informationa l Staff Presentation items. The Council we lcomes your 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, your item will be taken under consideration and may be referred to staff. (Res. 02 -058, May 7. 2002)
(Agenda Revisions: City Manager's Weekly Report - November 25, 2009)

The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City

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Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated.

5) DELIVERY OF AGENDA: (page 23)

The Council Ad Hoc Committee reviewed the section and did not recommend any changes.

The City Manager and City Clerk agreed to modify the timeline for submittal and review of Council reports to work towards the goal of delivering agenda packets on Thursdays. 6) RULES, DECORUM AND ORDER: (pages 32-33)
The Council Ad Hoc Committee suggested that staff inc lude Code of Conduct language related to issues on social media and other matters . Approved language is noted below in red underlined text.

Handbook excerpt (pages 32-33)

RULES, DECORUM, AND ORDER
The purpose of the meeting is the business of the city of Hayward.

POINTS OF ORDER
The Presiding Officer shall determine all Points of Order subject to the rig ht of any member to appeal to the Council. I f any appeal is taken, the questio n shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall sustain or reverse the Presiding Officer's determination.

DECORUM AND ORDER – COUNCIL MEMBERS

(a) An y Council M ember desiring to speak shall addr ess the Chair and, upon recognition by the Mayor, shall confine himself/herself to the question under debate.

(b) A Council Member desiring to question a staff member shall address questions to the City Manager, Ci ty Attorney, or the City Clerk in appropriate cases, who shall be entitled to a nswer the in quiry himself/herself or to designate some member of the staff for that purpose.

(c) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor; u nless a Point of Order is raised by ano ther Council Member; or unless the speaker chooses to yield to questions from anoth er Council Member.

(d) Any Council Member challenged while speaking, shall cease speaking immediately until the question of order is determined. If ruled to be in order, the Council Member

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shall be permitted to proceed. If ruled to b e not in order, the Council Member shall remain silent or shall alter remarks so as to comply with rules of the Council.

(e) Council Members shall accord the utmost courtesy to each other, to City employees and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.

(f) Any Council Member may move to require the Mayor to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to so act.

(g) Section 611 of the City Charter provides that the City Council may deter mine its own rules of procedure, may punish its members for disorderly conduct, and compel their attendance at Council meetings. In addition to the sanctions identified herein, the failure of the Mayor or a Council Member to observe t hese rules of decorum may warrant the Member’s removal from the Council Chambers in accordance with the procedures described in the section entitled “Enforcement of Decorum.” Sanctions and Procedures for Violations of Rules of Decorum and Order

(h) Council Members who fail to observe these rules of Decorum and Order, or violate any s tate or fe deral law, th e City Charter, or any City ordinance or policy, may be reprimanded or formally censu red, lose s eniority or committee assi gnments (both within the Ci ty of Hayward or with inter-government agencies), have official travel restricted or be ordered to at tend Council meetings, if the Council Member is absent without justification. Serious infractions of these rules of Decorum and Order could lead to other sanctions as deemed a ppropriate by the Cou ncil, inclu ding, bu t not limited to, refer ral to the Alameda Dist rict A ttorney and/or Civil Grand Jury if the conduct is egregious or allegedly criminal in nature. Council Members should point out to the offending Council Member any perceived infraction of these rules of Decorum and Order as it oc curs. No Council Member shall be repri manded, sanctioned, or censured for the exercise of the Member’s First Amendment rights. However, nothing herein shall be construed to prohibit the City Council from individually or collectively condemning or expressing disapproval of behavior in violation of these rules.

(i) It is the responsibility of the Mayor to initiate formal action if a Council Member’s behavior may warrant reprimand, sanction, or censure. If no action is taken b y the Mayor, action on the all eged viol ation m ay be p laced on a futu re agen da for consideration by a majority of the full Council.

(j) Reprimand is the least severe form of action for a violation of these rules and may be issued by majority vote of the City Council without findings of fact or investigation.

Reprimand is not considered a sanction or censure.

(k) Formal censure, loss of seniority or committee assignments and travel restrictions may be r equested by any Council M ember in wr iting submitted to the Ma yor. The written request must set forth specific allegations of violations of state or federal law,

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the City Charter, or City ordinances or policies, including these rules of Decorum and Order, upon which the proposed sanction is based. If the Mayor determines that the request for censure or s anction warrants Council consideration, the request shall be scheduled for conside ration by the Cou ncil at the next regularly sch eduled Council meeting. If a majority of the Council wishes to take action on the request for sanction or censure, the request shall be scheduled for public hearing far enough in advance to give the affected Council Member adequate time to prepare a response to the request.

The Cou ncil Member shall be give n the opportunity to make ope ning an d closing statements; to present or question witnesses; and is entitled to be represented by an advisor or counsel of the Member’s choosing. The Mayor, or the Mayor Pro Tempore if the Mayor is th e subject of th e sanction request, shall preside over the proceedings.

The rules of evidence shall not apply. The City Attorney or designee shall provide legal advice to the Coun cil, as ne eded. A decision to censur e or impose other sanction requires the adoption of a r esolution containing findings with respect to the specific charges, based on substantial ev idence, by a tw o-thirds vote of the Cou ncil. A Member's criticism of another Member (or Members) at a Council meeting or other public meeting, or criticism in a publication or via a social media platform, is protected speech and cannot be punished as described above.

(l) The Mayor and Council a re reminded that social media platforms should not be used to announce in advance of a noticed meeting how a Member intends to vote on a particular matter, as announcing how a Member intends to vote raises issues of due process and fairness. A Member's soc ial m edia platforms can otherwise be used to encourage members of the public to attend such upcoming meetings. The Brown Act does not prohibit Member s from communicating with the public via so cial media platforms regarding city is sues/business; however th e Brown Act does prohibit members from directly responding to any social media posts by other members regarding city issues/business.

7) MOTION TO AMEND: (Page 42)

The Council Ad Hoc Committee reviewed the section and approved its amendment as noted below in red underlined and strike through text.

Handbook excerpt (page 42)

MOTION TO AMEND
A friendly amendment shall be in order if it is consented to by both the maker of the motion and the second. A friendly amendment shall be consistent with the substance and purpose of the motion. While the motion is pending, no other motion shall be permissible except for a point of order which shall take precedence over the pending motion. A point of order is permissible only for the purpose of clarifying the procedural status of the pending motion or a friendly amendment to the pending motion. A motion to amend the pending motion in substance or purpose or a substitute motion to alter the substance or purpose of the pending motion shall not be in order or permissible. If a point of order is raised, the presiding officer shall clarify the procedural status of the pending

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motion and any friendly amendment. The pending motion, with the friendly amendment, shall then be voted on. If the motion fails to pass, other motions shall be in order including motions that are substantively different from the failed motion. A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. Similarly, a substitute motion shall not be in order.

An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall be treated as a substitute motion and shall not be in order. Amendments shall be voted upon first The main motion shall then be voted on either as amended or as originally stated if the amendment failed to pass.

8) COUNCIL COM MITTEES AND APPOINTMENTS TO AL AMEDA COU NTY AGE NCIES AND OTHER REGIONAL BOARDS: (page 50)

The Council Ad Hoc Committee reviewed the section and approved language as noted below in red underlined text.

Handbook excerpt (page 50)

COUNCIL COMMITTEES AND APPOINTMENTS TO ALAMEDA COUNTY AGENCIES

AND OTHER REGIONAL BOARDS

The Cou ncil may organize among its members such s tanding committees as it may determine, each of which s hall act as a fact -finding c ommittee for the purpo se of considering al l available in formation on proposed legislation or matters o f p olicy referred to s uch com mittee by Council an d makin g rec ommendations thereon to th e Council as a whole. (Sec. 600a, City Charter)

Each Council Member shall be assigned by the Mayor to various standing committees, including Alameda Co unty agencies and other regional boards . Participation a nd attendance at th ose commi ttee me etings is important. C ontinued absences fr om meetings without good cause may result in removal from a committee at the discretion of the Mayor, taking into consideration advice from other committee me mbers.

Attendance will be reported annually to the Mayor and Council for Mayor’s appointees.

Additionally, each Council Member shall be a ssigned by the Mayor as Li aison to various boards, committees and commissions , and other public ag encies or quasi-public agencies.

It shall be the prerogative of the Mayor, taking into consid eration r elative length of Council service, i ndividual Council M ember p reference and equiv alency, t o a ssign individual Council Members to these various committees. Normally appointments are for a two-year period but may be r enewed at the Mayor's discretio n where C ouncil Members have particular experience or expertise with respect to the business of a particular committee.

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Upon the Mayor’s selection, the City Council will consider ratification of the Mayor’s Council Appointments List via a Consent item. If terms coincide with the Mayor’s appointments, the item will also include resolutions appointing members to the Alameda County Abatement District Board of Trustees and the Bay Area Water Supply and Conservation Agency and the San Francisco Bay Area Regional Water System Financing Authority Boards of Directors.

9) RESPONSIBILITY OF COUNCIL LIAISON

The Council Ad Hoc Committee reviewed the section, suggested that language be added, and approved language as noted below in red underlined text.

Handbook excerpt (page 52):

COUNCIL LIAISON
The Mayor shall designate a m ember of Council to be a liaison to each city board and commission. Th e method and length of appointment shall be as provided above in the section on Council Committees.

RESPONSIBILITY OF COUNCIL LIAISON

It shall be the responsibility of a Council liaison to attend as many board or commission meetings as possible in order to be currently aware of issues being dealt with, to listen and observe, and to bring back to the Council any needs, requests, or information from a board or commission. A Coun cil Liaison could share information during the Council Reports and Announcements section of the Council agenda or could ask the City Clerk to forward notes/minutes of meetings atte nded to the entire Council. A Council Liaison shall not take part in the deliberations of the commission. The Council liaison also plays an important role informing and advising the Council’s appointed bodies.

10) COMMITTEES, COMMISSIONS AND TASK FORCES: (page 53)
(CITY COUNCIL’S APPOINTED OFFICI ALS HANDBOOK - TERM OF OFFICE & ATTENDANCE AND VACANCIES) (page 10)

The Council Ad Hoc Committee reviewed the section and suggested that City staff p rovide language for review . City staff conducted a review of these sections and provided recommendations as noted below in red underlined and strike through text.

Handbook excerpt (page 10)
Term of Office:

Section 902 of the Charter of the City of Hayward does not apply to the term of office for members of the Keep Hayward Clean and Green Task Force because the Task

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Force is not a board, commission, or c ommittee as contemplated by the Charter. Its purpose is focused on improving the quality of life in the many diverse neighborhoods in the City through Saturday and other clean- up activities. The Task Force is not delegated with legal or jurisdictional responsibilities as are other boards, commissions, or committees created by the Council.

The term of office for the City’s appointed officials shall terminate when successors are appointed.

Members who have successfully completed one term on one of the Coun cil’s appointed bodies may be eligible to be re-appointed to a second term. According to Resolution 87-323, the City Council will remove or not re appoint any commission or task force member who has failed to attend at least seventy -five percent of all regular meetings held during the period September to Ju ne. Special meetings held in lieu of regular mee tings will be taken in to account whe n preparing the attendance record. Members eligible for reappointment and who ha ve failed to meet the required per formance criteria will be encoura ged to submit an application to be considered at th e same time applicati ons for n ew candidates are received. The Council would only interview candidates seeking re -appointment who have failed to meet the required performance crite ria. The performance criteria consist of the following: attending no less than seventy-five percent of all regular meetings held; complying with training and statutory requirements; being an active and focused participant; and being prepared for meetings, e.g., re viewing the materials in the agenda packet. The Council /Staff Liaiso n, in concert with the Chair, will provi de performance data to the Ci ty Clerk, who in turn will forward it to the Council as part of the re -appointment process at the same time ap plications for new candidates are received. Current members, ide ntified as ne cessitating an interview, woul d be invited to i nterview wi th the City Council at a special meeting preceding the interviews for prospective members.

Current commission members wh o have served a minimum of two full consecutive terms on the same body will be eligible to request consideration of appointment to a different bod y. Their requ est will be considered by City Council during the annual interviews.

Handbook excerpt (page 11-12):

Attendance and Vacancies

Members shall be required to attend no less than seventy-five percent of all regular meetings held. If a member misses two consecutive meet ings, the sta ff liaiso n

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designated to the Council’s appointed body will notify the City Clerk of said absences.

The City Clerk will notify the member in writing that failure by a member to attend three consecu tive regular meetings of a com mission wi ll be c ause for Council to declare the memb er’s position vacant. After three consecutive absences or in the event attendance at seventy -five percent of meetings is not maintained, the City Clerk will not ify the Counc il. Attendance records will be reviewed by the City Clerk and will issue notices to members with attendance issues. The City Clerk will present an attendance record to the Council during the annual interview process for the Council’s appointed bodies.

The Keep Hayward Clean and Green Task Force considers its “Monthly Clean -Up Events” as an invaluable function and therefore equally important of its attendance policy; therefore, the attendance policy in City Resol ution 87 -323 C.S. related to regular meetings will be extended to the monthly clean-up events.

A member wishing to resign shall su bmit a letter of resignation to the City Clerk.

Once the letter is submitted, the City Clerk will prepare a recommendation f or Council to accept the resignation.

Any vacancies in any commission shall be filled by appointment by the Council during the annual appointment process for the City’s Appointed Officials.

As the City Coun cil finds more qualified candi dates than available seats to app oint every year , the Council will established an alternate list when selecting new members. in 2020. The alternate list is will be valid for one year and expire s at the beginning o f the new rec ruitment process. The process for appoin ting from the alternate list will involves two separate Council actions: adoption of a resolution accepting the resignation of a member; a nd adoption of a resolution recommending an alternate from the alternate list to fulfill the vacated positio n for the remainder of the unexpired term. The City Clerk will would ensure the alternate continues to be interested in serving and will would confirm the alternate’s eligibility status prior to recommending an alternate.

Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a special vacancy notice shall be posted in the office of the City Clerk, and as may be directed by the City Council, the City Clerk will conduct a special recruitment for the purpose of filling the unexpected vacancy.

The City Clerk sh all, pursuant to Government Code Section 54972 , prepare an appointments list of all regular and ongoing commissions which are appointed by the City Council, which shall contain the information required in said section. All efforts will be made to provide public information relative to vacancies prior to such appointments.

The Brown Act provides that all meetings of a legislative body (commission/task force) of a local agency be open and public, and all public members be permitted to attend and participate, see Government Code section 54953(a). The Act requires

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posting an agenda, at least 72 hours before a regular meeting, containing a brief description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the agenda, see Government Code section 54954.2. Government Code section 54953(b) allows for meetings to occur via teleconference as follows:

1) all teleconference locations must be identified in the notice and agenda of the meeting;
2) each teleconference location must be accessible to the public; 3) members of the public must be allowed to address the legislative body at each teleconference location;
4) the agenda must be posted at each teleconference location; and 5) at least a quorum of the legislative body must be present within the boundaries of the local agency.

Pursuant to AB 361, until January 1, 2024 the Brown Act allows legislative bodies to meet by teleconference without following the requirements of Government Code section 54953(b) as follows:
1) The meeting occurs during a state of emergency declared by the governor; 2) The posted agenda for the meeting must include the means by which the public can participate via a call-in option or internet-based option; 3) If the public’s ability to view/participate remotely is interrupted, the legislative body can take no action on items until the public’s remote access is restored; 4) The legislative body adopts a resolution every 30 days confirming the continued existence of the state of emergency and the need to continue appearing via teleconference.

Pursuant to AB 2449, until January 1, 2026 the Brown Act allows legislative bodies to meet by teleconference without following the requirements of Government Code section 54953(b) as follows:

1) At least a quorum of the body participates in person at a single physical location that is identified on the agenda, open to the public, and within the boundaries of the agency.

2). The public shall be provided notice of the means to remotely observe the meeting and address the legislative body.

3) A member of the legislative body may participate remotely only in one of two circumstances:

A. With “just cause”, the member can participate remotely after giving notice as soon as possible. AB 2449 defines “just cause” as (a) a family childcare or caregiving need; (b) a contagious illness; (c) a need related to

Page 14 of 15 ends

a physical or mental disability that is not otherwise accommodated; or (d) travel while on official business. AB 2449 limits a member to participating remotely under this provision to two (2) meetings per calendar year.

B. In “emergency circumstances,” defined as a physical or family emergency that prevents the member from attending in person, the member can participate remotely by requesting approval to do so from the legislative body. The legislative body may take action on the request as soon as possible, including at the beginning of the meeting, even if there was not sufficient time to place the request formally on the agenda.

C. Under either circumstance, the member in question must give a general description of the circumstances relating to their need to appear remotely, but need not disclose any medical diagnosis, disability, or other confidential medical information.

D. The member must disclose if anyone 18 years or older is present in the room with them during the meeting and describe the general nature of their relationship to that person.

E..a member cannot participate solely by teleconference under the new teleconference framework for more than three (3) consecutive months or more than twenty (20) percent of the agency’s regular meetings (or more than two meetings if the agency meets fewer than ten (10) times per year).

Also until January 1, 2026, t he Bro wn Act r equires the leg islative body to have a procedure for receiving and reso lving requests for ac commodation pursuant to the Americans with Disabilities Act, and to resolve any doubts in favor of accessibility.

Outside of the limited ci rcumstances autho rized by AB 361 and AB 2449, public meetings can still occur via teleconference if the legislative body complies with the general (pre-pandemic) agenda, notice, and quorum requirements of the Brow n Act contained in Government Code section 54953(b).

The City Council has expressed a strong preference for commissioners and task force members to attend meetings in person.

Upon Council review of the proposed changes to the handbook, staff recommends that the Council adopts a resolution (Attac hment II) a pproving the redline edits to the Council Member Handbook.

ECONOMIC AND FISCAL IMPACT

There is no anticipated economic or fiscal impact with the discussion of this report.

Page 15 of 15 ends

STRATEGIC ROADMAP

The agenda item is a routine operational item and does not specifically relate to a project in the Council’s Strategic Roadmap.

PUBLIC CONTACT

All related agendas were posted in accordance with the Brown Act.

NEXT STEPS

Following adoption of the resolution, staff will finalize and publish an updated version of the Council Member Handbook and the Council’s Appointed Officials Handbook.

Prepared and Recommended by: Michael Lawson, City Attorney Miriam Lens, City Clerk
Regina Youngblood, Assistant City Manager
Michael Vigilia, Sr. Assistant City Attorney

Approved by:

____________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 1 ends

HAYWARD CITY COUNCIL

RESOLUTION NO. 23-_______

Introduced by Council Member ______________

RESOLUTION APPROVING MODIFICATIONS TO THE COUNCIL MEMBER

HANDBOOK

WHEREAS, following the annual Council governance retreat on April 22, 2023, the Mayor convened an Ad Hoc Committee comprising himself, Council Member Goldstein, and Council Member Syrop to review and recommend proposed modifications to the Council Member Handbook; and

WHEREAS, the Council has reviewed and accepted the modifications and edits to the Handbook as presented in the October 24, 2023 staff report and attachments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward adopts the proposed modifications to the Council Member Handbook and authorizes the City Clerk to finalize and publish the revised Handbook.

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 COUNCIL’S

APPOINTED OFFICIALS HANDBOOK

COMMISSIONS, COMMITTEES AND

KEEP HAYWARD CLEAN AND GREEN TASK FORCE

SEPTEMBER 2021

City’s Appointed Officials Handbook 2021 Page 2

On behalf of the City Council, we want to express our appreciation for your interest in serving the City of Hayward. We have developed this Handbook to help you understand the requirements for service on the City’s Commissions/Committees/Task Forces. In addition to the Handbook, the City’s website www.hayward-ca.gov provides useful information.

Welcome to the City! We look forward to working with you.

Office of the City Clerk
City’s Appointed Officials Handbook 2021 Page 3

Introduction to City Government 4
City of Hayward Organization 5
City of Hayward Charter 6
Hayward Strategic Priorities 7
City of Hayward Budget 8
General Information 9
Meeting Responsibilities 16
Conflict of Interest Guidelines 18
Resources 19
City’s Appointed Officials Handbook 2021 Page 4

The City of Hayward operates within a Council-Manager form of government. (City Charter Section 300)
The City of Hayward Council is composed of six Council Members and a Mayor who are elected by the qualified voters of the city at large. The Mayor is the official head of the city for all ceremonial purposes, presides at the meetings of the Council, and signs official documents of the Council. The powers of the Council are subject to the provisions of the City Charter and the Constitution of the State of California. The City Manager is the head of the administrative branch of the city government.

City commissions are established by the City Charter, the Municipal Code, and the City Council. The Planning Commission is established by the City Charter. All other commissions are established by ordinances. The City Council may also establish committees and task forces by resolution.

Special purpose Advisory Committees are formed at the discretion of the City Council to provide greater public participation in the development of plans and r ecommendations in relation to a committee's specific assignment. (City Charter 900)
City’s Appointed Officials Handbook 2021 Page 5

City Council members are elected directly by Hayward residents. The City Council is made up of one Mayor and six Council Members.

The Mayor and City Council adopt and implement legislation and policy, as well as appoint the City Manager, City Attorney, City Clerk, and the various commissions.

The City Manager is the C ity’s chief executive officer and appoints all other C ity staff inc luding department heads. The City Manager is responsible for the daily administration of the City government and provides direction and leadership to the departments in implementing the policies of City Council.

Follow the link below for the City of Hayward’s Organizational Chart.

https://www.hayward-ca.gov/sites/default/files/pictures/COH-Org-210907.pdf

City’s Appointed Officials Handbook 2021 Page 6

The City of Hayward Charter was adopted on March 7, 1956. The Charter defines the form of government and its functions and regulations.

Follow the link below for the City of Hayward Charter.
https://www.hayward-ca.gov/your-government/codes-regulations City’s Appointed Officials Handbook 2021 Page 7

In approving the annual budget for the City, the Council establishes priorities. In June 2021, the City Council adopted a n updated Strategic Roadmap, created with input from the c ommunity, the C ity Council, and City staff, which defines a shared vision for the city and identifies the top priorities and projects that need to happen in the coming years to address current gaps in achieving that vision.

https://www.hayward-ca.gov/sites/default/files/Attachment%20III%20Strategic%20Roadmap.pdf

City’s Appointed Officials Handbook 2021 Page 8

The City Council adopts an annual City budget for all services. The Council holds budget work sessions in May and June, which are open to the public. The draft budget is also scheduled for a public hearing and adoption in June at a City Council meeting.

For comprehensive information regarding the city budget, follow the link below. http://www.hayward-ca.gov/your-government/documents/budget-documents City’s Appointed Officials Handbook 2021 Page 9

Application Procedure and Membership:

Volunteer service provides a way for residents who have special experience or interest to participate in the City’s decision-making process by advising the City Council and staff on numerous topics.

Applications for service on any Commission, Committee, or Task Force (Council’s Appointed Officials) are valid for one year from the date of receipt and are public record. Applicants for service on the Community Services Commission are required to complete supplemental forms, which are also public documents.

State and local law require that selected members abstain from participation in decisions that may affect financial interests, including sources of income, interests in real property or investments. If appointed, certain members may be required to fill out a disclosure statement which identifies certain financial interests beginning with the immediate twelve -month period prior to the appointment.

The Community Services Commission supplemental forms will require applicants to identify any organizations, associations, or entities by which they are employed or associated that might be affected by decisions of these bodies.

Planning Commission and Community Services Commission applicants will be required to file the Fair Political Practices Commission Statement of Economic Interests (Form 700), which is a public record.

It is the City Council’s desire for a pplicants for the Planning Commission to ha ve applicable experience on other elected/appointed legislative bodies.

Application forms and information that describe duties and time commitments are available from the Office of the City Clerk. Information about the number of vacancies is available from the Office of the City Clerk or on the City’s Commissions & Task Forces webpage.

The City Clerk conducts recruitments for the Council's appointed bodies from April to July annually, with interviews in July and appointments each September. Recruitment for the Hayward Youth Commission is conducted each April and May, with interviews and appointments annually in June.

City’s Appointed Officials Handbook 2017 Page 10
Passage of Measure OO in the November 2020 municipal election amended the Hayward City Charter to remove language restricting appointment to City commissions and other bodies to registered voters. The change opens service on City Council -appointed advisory bodies to City residents who are not registered or who are ineligible to be registered to vote.

To be eligible for appointment to any Commission, Committee or Task Force (Council’s Appointed Officials) a person shall be a resident of the incorporated area of the City of Hayward. (City Charter Section 900)

The City Council will interview eligible applicants at a special Council meeting and will confirm the selections made at a regular Council meeting which will be followed by the administration of Oath of Office by the City Clerk.

No member of any commission shall be a member of any other commission or hold any paid office or employment in the City government, (City Charter Section 900) The Council’s appointed officials serve without compensation but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the Council. (City Charter Section 905) Before members can participate as voting members of their respective bodies, they must take the Oath of Office as required by law. The City Clerk or her designee administers the Oath of Office to appointed members.

Term of Office:

All members are appointed by the City Council, and they could be subject to removal by a motion of at least four affirmative votes of the Council. The Council’s appointed officials shall serve for no more than two and one-half consecutive full terms of four years on any one commission. (Resolution 73-235)
Section 902 of the Charter of the City of Hayward does not apply to the term of office for members of the Keep Hayward Clean and Green Task Force because the Task Force is not a board, commission, or committee as contemplated by the Charter. Its purpose is focused on improving the quality of life in the many diverse neighborhoods in the City through Saturday and other clean- up activities. The Task Force is not delegated with legal or jurisdictional responsibilities as are other boards, commissions, or committees created by the Council.

The term of office for the City’s appointed officials shall terminate when successors are appointed.

City’s Appointed Officials Handbook 2021 Page 11
Members who have successfully completed one term on one of the Council’s appointed bodies may be eligible to be re-appointed to a second term. The Council would only interview candidates seeking re-appointment who have failed to meet the required performance criteria. The performance criteria consist of the following: attending no less than seventy-five percent of all regular meetings held; complying with training and statutory requirements; being an active and focused participant; and being prepared for meetings, e.g., reviewing the materials in the agenda packet. The Council /Staff Liaison, in concert with the Chair, will provide performance data to the City Clerk, who in turn will forward it to the Council as part of the re-appointment process at the same time applications for new candidates are received. Current members, identified as necessitating an interview, would be invited to interview with the City Council at a special meeting preceding the interviews for pr ospective members.

Current commission members who have served a minimum of two full consecutive terms on the same body will be eligible to request consideration of appointment to a different body. Their request will be considered by City Council during the annual interviews.

Attendance and Vacancies

If a member of a commission absents themselves from three consecutive regular meetings of such commission, unless by permission of such commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified resident of the City, their office shall become vacant and shall be so declared by the Council. (City Charter Section 905) Members shall be required to attend no less than seventy-five percent of all regular meetings held. If a member misses two consecutive meetings, the staff liaison designated to the Council’s appointed body will notify the City Clerk of said absences. The City Clerk will notify the member in writing that failure by a member to attend three consecutive regular meetings of a commission will be cause for Council to declare the member’s position vacant. After three consecutive absences or in the event attendance at seventy -five percent of meetings is not maintained, the City Clerk w ill notify the Council. Attendance records will be reviewed by the City Clerk and will issue notices to members with attendance issues. The City Clerk will present an attendance record to the Council during the annual interview process for the Council’s appointed bodies.

The Keep Hayward Clean and Green Task Force considers its “Monthly Clean- Up Events” as an invaluable function and therefore equally important of its attendance policy; therefore, the attendance policy in City Resolution 87-323 C.S. related to regular meetings will be extended to the monthly clean-up events.

City’s Appointed Officials Handbook 2021 Page 12
A member wishing to resign shall submit a letter of resignation to the City Clerk. Once the letter is submitted, the City Clerk will prepare a recommendation for Council to accept the resignation.

Any vacancies in any commission shall be filled by appointment by the Council during the annual appointment process for the City’s Appointed Officials.

As the City Council finds more qualified candidates than available seats to appoint every year, the Council established an alternate list in 2020. The alternate list is valid for one year and expires at the beginning of the new recruitment process. The process for appointing from the alternate list involves two separate Council actions: adoption of a resolution accepting the resignation of a member; and adoption of a resolution recommending an alternate from the alternate list to fulfill the vacated position for the remainder of the unexpired term. The City Clerk would ensure the alternate continues to be interested in serving and would confirm the alternate’s eligibility status prior to recommending an alternate.

The City Clerk shall, pursuant to Government Code Section 54972, prepare an appointments list of all regular and ongoing commissions which are appointed by the City Council, which shall contain the information required in said section. All efforts will be made to provide public information relative to vacancies prior to such appointments.

Election of Officers:

The Council’s appointed officials shall organize by electing one of its members to serve as the presiding officer at the pleasure of such commission. Each commission shall hold such regular and special meetings as such commission may require. All proceedings shall be open to the public. (City Charter Section 904)

Staff Liaison Role:

Staff support is available to commissions via staff members assigned as liaisons to each appointed body. The staff liaison is responsible for creating meeting schedules, preparing meeting agendas and reports, and notifying the City Clerk of attendance problems, resignations, and members’ change of contact information. The staff liaison is responsible for ensuring that appointed members are oriented about policies and procedures as they relate to the body.

City’s Appointed Officials Handbook 2021 Page 13
The staff liaison is also responsible for updating bylaws by working with members and the City Attorney and sending the original to the City Clerk after formal adoption by the commission.

All communications addressed to a specific appointed body are received by the staff liaison or their designee and relayed to the appointed body. In 2021, members of the Planning Commission were issued City email addresses to receive correspondence in their capacity as members of the Planning Commission. The roster of appointed officials is a publi c document available in the office of the City Clerk. The roster includes the name, residence or mailing address, and either a home or business telephone number for each member. Commissioners may interact with the public; however, if they are contacted by the public outside of a meeting, commissioners should encourage public members to send their comments to the staff liaison or their designee for distribution to all commissioners or come to a meeting and speak during public comment.

Council Liaison Role:

Every year, the Mayor will appoint Council Members to serve as liaisons to the Council’s appointed bodies. It shall be the responsibility of a Council liaison to attend as many commission meetings as possible in order to be aware of current issues, to listen and observe, and to bring back to the Council any needs, requests, or information from a commission. A Council liaison shall not take part in the deliberations of the commission.

Budget:

Budget allocations are not established for commissions; however, funds necessary for the routine business of commissions are included in the departmental budget for each City department which provides staff support to a commission.

The use of the City logo is restricted to communications generated from a City department. The City of Hayward does not provide business cards for members of appointed commissions.

Bylaws:

The Council’s appointed officials may adopt bylaws which are not inconsistent with the City Charter, or other policies that may be established by the Council. Bylaws must be filed with the City Clerk.

Orientation:

City staff provides annual trainings regarding the structure and the operation of City government and the legal and ethical duties and responsibilities of members of the Council’s appointed bodies.

All members of City commissions are required to attend Ethics and Harassment Prevention trainings either in person/virtual or by completing online training.

City’s Appointed Officials Handbook 2021 Page 14
This requirement must be fulfilled within six months of the appointment of any member. Record and compliance with this requirement will be maintained in the Office of the City Clerk.

Staff liaisons provide new members with pertinent materials which will assist new members in becoming fully functioning members of the body. Chairpersons are required to become familiar with parliamentary procedure of conducting and presiding over meetings.

Ethics Training:

Assembly Bill 1234, now California Government Code Section 53234 , was signed into law on October 7, 2005. This law requires, among other things, that all local agencies that provide compensation, salary, or a stipend to, or reimburses the expenses of members of a legislative body must provide Ethics Training to local agency officials by January 1, 2007, and every two years thereafter. The Council has determined such training shall be extended to and include all employees and members of advisory bodies, such as commissions, and task forces.

Assembly Bill 1234 requires local officials who are compensated for their service or reimbursed for their expenses to complete ethics training on a biennial basis.

On September 16, 2008, the City Council adopted Resolution 08-130 which amended the Hayward Council Member Handbook by expanding the Ethics Training requirement to members of commissions, task forces, and committees established by Council.

Harassment Prevention Training:

AB 1825 and SB 1343, now California Government Code Section 12950.1 , require immediate and continual Sexual Harassment Prevention Training for supervisors. This law increases the training obligations of all employers with employees within the State of California and extends their obligations beyond the training requirements discussed by the U.S. Supreme Court, the Equal Employment Opportunity Commission ("EEOC"), and other federal and state courts and legislative bodies. While AB 1825 and SB 1343 do not specifically define "supervisor," the definition contained in the California Fair Employment and Housing Act ("FEHA") will presumably apply. Under the FEHA, a supervisor is any individual having the authority "to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that ac tion be taken if the exercise of that authority is not merely routine or clerical in nature, but requires the use of independent judgment. Training is mandatory for all employees who become supervisors after January 1, 2006, within six months of assumption of a supervisory position and a once every two years thereafter.

Members of commissions, task forces and committees established by Council are also required to obtain the above-described training.

City’s Appointed Officials Handbook 2021 Page 15
On October 12, 2010, the City Council adopted Resolution 10- 159, which updated the City’s Harassment Policy by extending the policy against harassment and retaliation to City Council and all appointees.

Assembly Bill 1661, now California Government Code Section 53237 , was signed into law on September 29, 2016. This law requires local agency officials to receive sexual harassment prevention training and education if the local agency provides any type of compensation to those officials. The law also requires an entity that develops curricula to satisfy this requirement to consult with the city attorney regarding its sufficiency and accuracy.

Notwithstanding the foregoing limitations, the Council requires such training for all employees and members of advisory bodies including commissions, committees, and task forces.

City’s Appointed Officials Handbook 2021 Page 16

Public Meetings:

The Brown Act or “Open Meeting Law” is officially known as the Ralph M. Brown Act and is found in the California Government Code § 54950 et seq. The Brown Act was enacted in 1953 to guarantee the public’s right to attend and participate in meetings of local legislative bodies. A legislative body is defined as “A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision- making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.” (Government Code § 54950 (b))

All meetings must be properly noticed under the Brown Act. Meetings include retreats, workshops, and similar types of events. A meeting can be in person, via telephone, or video conference.

According to the Brown Act, the agenda for a regular meeting must be posted in “a location that is freely accessible to members of the public” at least 72 hours before the meeting. Any meeting not on the regular meeting schedule is a special meeting. Notice of a special meet ing must be posted at least 24 hours prior to a meeting. Agendas are posted on the bulletin board in front of City Hall, on the bulletin board in the Office of the City Clerk, and on the City’s website.

Meetings that are not noticed are considered serial meetings, which are illegal. “A majority of the members of a legislative body shall not, outside a meeting authorized by the Act, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.” (Government Code § 54952.2 (b))

A type of unintentional serial meeting could result from improper use of email. To avoid this, members of legislative bodies should never use the “reply to all” function to an email that may be addressed to a quorum of the legislative body. The Brown Act’s 2021 amendments (via AB 992) include messaging via social media as a form of communications that could constitute serial meetings.

Attendance at a public conference is permissible as long as a quorum of the body do not discuss among themselves specific business that is within the subject matter of the jurisdiction. Purely social events are not considered meetings as long as the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the local agency. (Government Code § 54952.2 (c) (5))

Government Code 54954 requires that each legislative body of a local agency, except for advisory committees or standing committees, provide the time and place for holding regular meetings.

City’s Appointed Officials Handbook 2021 Page 17
Government Code 54953 allows meetings to be conducted by teleconferencing under procedures including the requirement that each location be identified in the agenda and made accessible to the public, that all votes must be by roll call, and public comment may be made at any of the noticed locations.

Government Code 54954.3 requires that public comment for regular meetings be allowed on any item of interest to the public that is within th e subject matter jurisdiction of the city. At special meetings the public comments can be restricted to the subject matter to be considered at the special meeting.

Government Code 54954.2 allows members of the legislative body or its staff to make brief responses to comments made at public comment but cannot be used to start a discussion between commissioners or to take action in response to comments.

When a meeting is canceled a notice of cancellation shall be posted at all the locations where the notice and the agenda are regularly posted. Interested members of the public shall be noticed as soon as possible.

It is recommended that the Council’s appointed officials follow the procedures for the conduct of meetings as established in the Parliamentary Procedure and Robert’s Rules of Order. In instances where Robert’s Rules of Order are inconsistent with the provisions of the City Charter, the Charter shall take precedence.

While the appointed body is in session, the members should not interrupt the proceedings, any commissioners, or any member of the public who has the floor. Persons attending the meeting should observe the rules and procedures of the legislative body. Members who do not follow the rules for decorum may be asked to leave the meeting.

Council liaison and members of the Council’s appointed bodies have a mutual obligation to accord the utmost courtesy to one another and shall refrain from rude and derogatory remarks, abusive comments, or other chastising, particularly in public.

If a Council liaison has a specific concern about the behavior and/or statements of an individual commission member, they should bring it first to the attention of the commission Chairperson in private. If no resolution is affected, then the matter should be brought to the attention of the Mayor for their action.

Conversely, commission members should discuss a concern about a Council liaison with their respective Chairperson and not go directly to the Mayor or to other Council Members.

Decorum among commission members shall be the same as applicable to the Council.

Copies of rules, bylaws, and meeting minutes of each one of the Council’s appointed bodies shall be kept on file in the Office of the City Clerk where they shall be available for public inspection.

City’s Appointed Officials Handbook 2021 Page 18

Conflict of Interest:

According to Government Code 81000, also known as the “Political Reform Act,” public officials should perform their duties in an impartial manner, free from bias, caused by their own financial interest. The regulation prohibits a commissioner from making, participating in making, or influencing a governmental decision, if the commissioners knows that the decision will have a material financial effect on interests of the Appointed official.

The State Fair Political Practices Commission (FPPC) enforces these prohibitions. Members are encouraged to consult with the City Attorney or the FPPC before participating in a matter that would create a possible conflict of interest. Public officials specified in Government Code 87200, such as planning commissioners, must publicly identify the economic interest that creates the conflict, step down from the dais, and must then leave the room. The identification of the conflict of interest must be made orally and as part of the official record.

The State of California requires that designated individuals who make or participate in making governmental decisions that could affect their personal economic interests file Stat ements of Economic Interests, Form 700s The Hayward Conflict of Interest Code, Administrative Rule 9.1 specifies the Council’s appointed bodies that are subject to the disclosure requirement. Designated members have 30 days after the date of appointment to file an Assuming Office Statement of Economic Interests with the City Clerk. If a member resigns or is terminated, a Leaving Office Statement of Economic Interests must be filed within 30 days of termination. All designated members are required to file annual statements and will be routinely advised of the deadlines by the City Clerk.

The City of Hayward has a free filing system, NetFile, that al lows individuals to create and electronically file their Statements of Economic Interests disclosure reports mandated by the FPPC.

Incompatible Public Offices:

The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices which are incompatible in terms of their duties.

City’s Appointed Officials Handbook 2021 Page 19

Application
https://www.hayward-ca.gov/your-government/commissions-task-forces

Commissions, Committees, and Task Forces
https://www.hayward-ca.gov/your-government/commissions-task-forces

Council Standing Committees
https://www.hayward-ca.gov/your-government/council-standing-committees

California Law
http://leginfo.legislature.ca.gov/faces/codes.xhtml

Conflict of Interest Code – Admin Rule 9.1
http://static.netfile.com/agency/hwd/AdministrativeRule9.1ConflictofInterestCode.pdf

List of Current Council’s Appointed Officials
https://www.hayward-ca.gov/your-government/boards-commissions

NetFile
https://public.netfile.com/pub/?aid=hwd

Robert’s Rule of Order
http://www.robertsrules.org/

Statement of Economic Interest – Form 700
http://www.fppc.ca.gov/Form700.html

Hayward City CouncilOctober 24, 2023

Hayward City Council
October 24, 2023