Council Packet — Hayward City Council, November 7, 2023

Tuesday, November 7, 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

November 7, 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. Use eComment on the City's Meeting & Agenda Center webpage at:
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 [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

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

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/84294393477?
pwd=2fBnpHIdzPckv04zA4zdtGGOS8iYgvFiEqw.REsMIhQRqu33ktJS Meeting ID: 842 9439 3477
Password: CC11/7@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 842 9439 3477
Password: 0107628089
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Zermeño
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

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November 7, 2023City Council Agenda

CLOSED SESSION ANNOUNCEMENT

PRESENTATIONS
AC Transit Realign Project
Filipino American History Month Proclamation
Education City Proclamation

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.

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November 7, 2023City Council Agenda

CONSENT
Approve the Minutes of the City Council Meeting on October 17, 2023
MIN 23-1181.

Attachments: Attachment I Draft Minutes of 10/17/2023
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $40,235.40 in Grant Funding From the Alameda County Sheriff’s Office for the FY 2022 Byrne Justice Assistance Grant for Hayward Police Department Operations
CONS 23-5382.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $43,336.80 in Grant Funding From the Alameda County Sheriff’s Office For the FY 2023 Byrne Justice Assistance Grant For Hayward Police Department Operations
CONS 23-5393.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 in an Amount Not-to-Exceed
$1,004,000
CONS 23-5724.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with First Presbyterian Church of Hayward to Increase the Winter Warming Shelter at South Hayward Parish Contract Amount by $495,000 for a
Total Not-To-Exceed Amount of $2,545,000
CONS 23-5845.

Attachments: Attachment I Staff Report
Attachment II Resolution

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November 7, 2023City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Third Amendment to the Existing Ground Lease with Mahabal Hospitality, LLC
CONS 23-5916.

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

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 23-0407.

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 SPECIAL MEETING, November 14, 2023, 7:00 PM

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November 7, 2023City Council Agenda

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

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

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-118
DATE: November 7, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the City Council Meeting on October 17, 2023

RECOMMENDATION
That the Council approves the City Council meeting minutes of October 17, 2023.

SUMMARY
The City Council held a meeting on October 17, 2023.

ATTACHMENTS
Attachment I Draft Minutes of 10/17/2023
CITY OF HAYWARD Printed on 11/2/2023Page 1 of 1
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The City Council meeting was called to order by Mayor Pro Tempore Andrews at 7:00 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Roche

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

Absent: COUNCIL MEMBER Goldstein
MAYOR Salinas

PRESENTATIONS

Aisha Wahab, California State Senator 10th District, provided a Legislative Update regarding:
senate bills that were authored by Senator Wahab and signed into law; assembly and senate bills co-authored by Senator Wahab and signed into law; public safety bills heard and passed in committee; bills related to Fentanyl in schools and colleges/universities; $3.7 million in allocations for Hayward and $1 million for BART; $10.6 million secured for District 10 in 23- 24 budget; secured District grants; and spoke about District office events . Members of the City Council expressed appreciation for how Senator Wahab is representing Hayward and District 10. Senator Wahab presented to the City of Hayward a visual check in the amount of $3.7 million - $1.2 million for the Hayward Evaluation and Response Teams (HEART) and $2.5 million for the Stack Youth and Family Center Phase II Construction.

PUBLIC COMMENTS

Beryl Samwell, Hayward Mobile County Club resident, shared that trees at the mobile park are causing serious issues for the residents, noted there is not enough light to make the trees visible for planes landing at the Hayward Executive Airport , and asked the City to look into the issues raised.

Joyce Acda, Hayward resident and widow of Chris Peña, requested that a permanent ghost bike memorial be installed at the intersection of Mission Boulevard and Orchard Avenue where Chris Peña lost his life, noted the bike would be designed and painted by his children in collaboration with Bike Hayward , and shared that Chris Pena was a lifelong bicycling enthusiast and had participated in public discussions for safety improvements to Campus Drive.

Paul Bonnel, friend of Chris Peña, supported the request to install a permanent ghost bike with a plaque in memory of Chris Peña where his life was taken by a driver while biking home from BART; submitted a petition signed by almost 400 individuals supporting the installation of the memorial; and hoped the driver who struck Chris would be brought to justice and the city reshaped to be safer for pedestrians and cyclists. 2 | O c t o b e r 1 7 , 2 0 2 3
Andrew Kong Knight shared that about 15 years ago he participated in the mural program helping create large murals for the downtown and requested a meeting with City staff to discuss the murals and offer his service to help preserve the murals.

Alejandro Jasso noted that Bike Hayward wanted to honor Chris Peña’s memory and that of pedestrians and cyclists by working with the City to improve safety for multimodal transportation, urged the consideration of the petition to install a permanent bik e ghost memorial, and emphasized the need for more preventative measures such as cameras and more policing, exemplified that Fremont had implemented measures that significantly reduced fatality rates below state and national averages.

CITY MANGAGER’S COMMENTS

City Manager McAdoo expressed her condolences to Chris Peña’s family and noted she would follow up on the memorial ; added that HPD was still investigating the accident; noted that Mayor Salinas and Council Member Goldstein were absent due to illness ; added that staff would follow up on the redwood trees at the mobile home club and Mayor Salinas had also been working with staff on th e matter; added that Chris Peña had been involved with the Campus Drive improvements and hoped that traffic calming installations w ould help slow traffic down; and indicated she would be following up with Andrew Kong Knight about the murals.

CONSENT

1. Adoption of Ordinance Amending the Hayward Municipal Code and Traffic Code to Establish Regulations for Sidewalk Vending CONS 23-530

Staff report submitted by City Clerk Lens dated October 17, 2023, was filed.

Council Member Syrop indicated he was in support of the item and offered an amendment to Section 6 -16.50 to read as follows : “ Section 6 -16.50 Operational Regulations (o) Freestanding signs and any electrical, flashing, wind -powered, or animated freestanding signs are prohibited. Vending equipment may have signs attached to or painted on the vending equipment. The total sign area shall not exceed four square feet.”

It was moved by Council Member Syrop, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the ordinance with an amendment to Section 6-16.50.

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

Ordinance 23-08, “Ordinance of the Council of the City of Hayward Amending the Hayward Municipal Code and Traffic Code to Establish Regulations for Sidewalk Vending”

PUBLIC HEARING

2. Micromobility Feasibility Study: Adopt a Resolution Approving Recommended Short- and Long-term Micromobility Programs PH 23-040

Staff report submitted by Director of Public Works Ameri, dated October 17, 2023, was filed.

Public Works Director Ameri announced the item and introduced Public Works Deputy Director Garcia who provided a synopsis of the staff report related to the Micromobility Feasibility Study and acknowledged Consultant Danielle Parnes with Toole Design.

Discussion ensued among members of the City Council, City staff, and Ms. Parnes with Toole Design regarding: staff confirmed there were Metropolitan Transportation Commission (MTC) funds available for the Short-Term program (promoting existing e -bike rebates and resources) and Measure BB funds for green bike pathways; the clearing house would contain information about e-bike rebate programs and other programs and housed in Public Works and Utilities Department; staff would have to confirm the feasibility of a regional partnership as a part of the long-term program implementation; while there was strong interest in shared micromobility, there were co ncerns expressed by micromobility operators such as lack of user demand which would eventually lead to a stop; the grant that staff is applying for will include bikes as well as e -bikes; during the short -term program implementation staff will investigate the feasibility of the long-term implementation and will present a report to the Council Infrastructure Committee and subsequently to the City Council; and should docking stations be reconsidered, one location for docked biking stations could be the CSU East Bay, allowing students to travel from the campus to the downtown.

Council Member Zermeño asked staff to determine how many cars would not be on the road as a result of the Short -Term program implementation and suggested this be included in educational flyers.

Council Member Roche was in favor of setting up a clearing house where Hayward residents can benefit from existing programs ; recommended that a marketing campaign be included about pathways for biking around downtown using signage and markings through the Stack newsletter; and concurred that a regional approach might be more effective for implementation of dockless systems.
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Council Member Syrop suggested that in pursuing the grant related to storage facilities, staff consider including a bike parking u -shaped metal structure and charging adapters compatible with e-bikes to allow them to charge at various car stations.

Council Member Bonilla Jr. requested that the information provided in the clearing house about programs be available in as many languages as possible.

Mayor Pro Tempore Andrews asked staff if they could investigate when the city of Fremont plans to resume its bikeshare program; and suggested putting information about the clearing house at the downtown bike store and library, and larger retail outlets such as Southland Mall.

Mayor Pro Tempore Andrews opened the public hearing at 8:06 p.m.

Alejandro Jasso, Bike Hayward representative, offered to help connect ing with bike shops, promoting the e-bike rebate program, and translating information into different languages; and emphasized the need for high quality and well-connected bike lane networks to implement a shared micromobility program and prevent accidents with bicyclists.

Mayor Pro Tempore Andrews closed the public hearing at 8:08 p.m.

Council Member Syrop expressed overall support for the Micromobility Feasibility Study; noted that the littering of scooters in public and environmental areas is a concern; emphasized the importance of bike security if moving forward with the program; encouraged staff to plan around biking hot spots and routes in the short -term phase , ensuring individuals can comfortably and securely store their bikes; agreed with Council Member Roche’s comments on bike signage and suggested staff incorporate, in the short or long-term implementation, signs and pavement markings that create the elements of a bicycle boulevard similar to what Berkeley has in place; supported identifying locations, in the long-term phase, where docking made sense such as at the university campus and considering routes such as a route between the BART station and Chabot College; recommended to not exclude a shuttle as a concept for long-term mobility; wanted to see some recommendations incorporated into the short-term planning around the rebate clearing house ; urged staff to work with Bike Hayward as they offered public translation services ; and suggested having educational information at the clearing house on charging adapters , and consider approaches using the clearing house to provide bike lock rebates as incentives for purchasing bikes and perhaps partner with Bike East Bay in this effort.

Council Member Bonilla Jr. expressed general support for the Micromobility Feasibility Study noting that it addressed the need to build multimodal ways of moving through the city; added that for any micromobility program to be successful it needs to be focused on high quality connected bike lane networks, ensuring they are safe and secure, well-lit, used frequently; and echoed sentiments about bike safety, ensuring there are places to store bikes and lock them up.

Council Member Zermeño expressed support for the micromobility program indicating the program would reduce carbon emissions and traffic congestion ; supported the short -term

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 17, 2023, 7:00 p.m.
program implementation plan underscoring the long-term program implementation will focus on a regional program that will address a regional problem; wondered if electric bikes would pose a challenge for AC Transit or BART and ask staff to confirm; recommended organizing a program kickoff event at City Hall Plaza that would include elected officials; and suggested more green bicycle pathways that are well-lit to help warn drivers of designated areas for bicyclists.

Council Member Roche supported the recommendation for a micromobility program; requested that the clearing house include educational information on charging to mitigate fire dangers and in the future focus on electric charging hubs in multi-housing units; and asked that information about helmets be included in the public education when the program is operational.

Council Member Zermeño moved the item per staff’s recommendation and Mayor Pro Tempore Andrews seconded the motion.

Council Member Bonilla Jr. asked staff to consider free helmets or rebates in the clearing house.

Council Member Syrop supported the free helmet idea and pairing this with providing a free bike lock to incentivize and compel individuals to get an e-bike.

Council Member Zermeño stated that Alameda County Board Supervisor Márquez knew how to get free helmets, as she gets them for the All-America Festival every year.

Council Member Syrop shared that Bike Hayward had experience leading e-bike safety classes with an in-person component to build community.

Council Member Zermeño suggested that staff engage Cyclepath Hayward.

Council Member Andrews recommended that staff consider a gift card program with Cyclepath Hayward; received confirmation from staff that improving the connection on Mission Boulevard from South Hayward to downtown had to be approached on an incremental basis; asked staff to approach Caltrans to get rebates and helmets to assist with bike safety; suggested that rebate and clearing house information be available at HUSD, CSUEB, Chabot College and HARD; asked that information about rebates be included as a part of conditions of approval for major developments; and recommended that staff explore working with businesses that are grandfathered in to expand bike security by offering rebates as an incentive.

It was moved by Council Member Zermeño, seconded by Mayor Pro Tempore Andrews, and carried by the following roll call vote, to approve the resolution.

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

Resolution 23-236 “Resolution of the City Council to Approve Short and Long-Term Micromobility Programs”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Roche shared that the East Bay Community Energy (EBCE) was changing its name to Ava Community Energy (AVA) noting it was an affiliation between Alameda County and parts of San Joaquin Valley.

Council Member Zermeño shared that Council Member Bonilla Jr., would be a guest speaker at the October 20, 2023 Latino Business Roundtable meeting hosted by St. Rose Hospital.

Council Member Syrop , also Alameda County Mosquito Abatement District representative, reported that it was West Nile virus season with almost 100 cases being reported and urged residents to report dead birds on mosquitos.org.

Mayor Pro Tempore Andrews, also Bay Area Water Supply and Conservation Board and East Bay Dischargers Authority member, expressed disappointment that three bills related to PFAS (per-or polyfluoroalkyl substances) were vetoed and was concerned about PFAS entering the water supply and the ability to filter out PFAS out of wastewater; and invited all to the Keep Hayward Clean and Green beautification event on October 28, 2023, at Tennyson Park.

COUNCIL REFERRAL

There were none.

ADJOURNMENT

Mayor Pro Tempore Andrews adjourned the City Council meeting at 8:38 p.m.

APPROVED
__________________________________________________________ Angela Andrews
Mayor Pro Tempore, 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 23-538
DATE: November 7, 2023
TO: Mayor and City Council
FROM: Acting Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $40,235.40 in Grant Funding From the Alameda County Sheriff’s Office for the FY 2022 Byrne Justice Assistance Grant for Hayward Police Department Operations

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $40,235.40 in grant funding from the Alameda County Sheriff’s Office for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG).

SUMMARY
The Alameda County Sheriff’s Office applied and qualified for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) funding for eligible Consortium members. The Hayward Police Department (HPD) is a Consortium member and is eligible for an allocation of grant funds. The total allocation for Alameda County consortium members is $693,444.00, of which the HPD will receive $40,235.40. These funds require no local match and will be used to support criminal justice-related activities such as training, equipment, supplies, prevention and education programs, and other related law enforcement and corrections programs.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/2/2023Page 1 of 1
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DATE: November 7, 2023

TO: Mayor and City Council

FROM: Acting Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $40,235.40 in Grant Funding From the Alameda County Sheriff’s Office for the FY 2022 Byrne Justice Assistance Grant for Hayward Police Department Operations

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $40,235.40 in grant funding from Alameda County Sheriff’s Office for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG).

SUMMARY

The Alameda County Sheriff’s Office applied and qualified for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) funding for eligible Consortium members. The Hayward Police Department (HPD) is a Consortium member and is eligible for an allocation of grant funds. The total allocation for Alameda County consortium members is $693,444.00, of which the HPD will receive $40,235.40. These funds require no local match and will be used to support criminal justice-related activities such as training, equipment, supplies, prevention and education programs, and other related law enforcement and corrections programs.

BACKGROUND AND DISCUSSION

The Edward Byrne Memorial Justice Assistance Grant program was created by the Violence Against Women and Department of Justice Reauthorization Act of 2005, which combined both the Edward Byrne Memorial Formula (Byrne Formula) Grant and the Local Law Enforcement Block Grant (LLEBG) into a single program. The Hayward Police Department has participated in the JAG program since 2005. State and local governments are awarded JAG funds based on a statutorily defined formula. The allocation of JAG funds to each state is determined by the state's share of the national population as well as the average number of violent crimes reported during the previous three years. After a state’s allocation is calculated, the state government receives 60% of the total amount directly, with the remaining 40% going to local government entities in the state.

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The Hayward Police Department has been awarded grant funding from the Byrne JAG program since 2005. Some past grant funding uses include:

 Expanding the Dispatch center
 Training supplies for the Dispatch center
 DCS-5 Fingerprint Imaging Workstation
 Maintenance of the police training facility
 Exterior security cameras at the Police Department
 Recruitment advertising
 Interview room upgrade
 License plate reader cameras

For the 2022 Byrne JAG grant award, the Hayward Police Department is discussing potential uses for the funds, including additional training and/or community engagement equipment.

The Alameda County Sheriff’s Office applied for the FY 2022 Byrne JAG funding on behalf of the County’s Consortium members, which include the City of Alameda, City of Berkeley, City of Emeryville, City of Fremont, City of Hayward, City of Livermore, City of Oakland, City of San Leandro, City of Union City, and County of Alameda. Alameda County qualified for a total allocation of $693,444.00 in FY 2022 Byrne JAG Local funds, of which the Hayward Police Department will receive $40,235.40. These funds require no local match and allow a wide range of uses by participating Police Departments. HPD intends to use the funds to support criminal justice-related activities such as training, equipment, supplies, prevention and education programs, and other related law enforcement programs.

STRATEGIC ROADMAP

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

FISCAL IMPACT

The 2022 JAG funds received will not have an impact on the General Fund. The awarded grant funds will be used to support criminal justice-related activities.

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 established MOU between the Alameda County Sheriff’s Office and Consortium members.

Prepared by: Laura Gomez, Senior Management Analyst

Recommended by: Bryan Matthews, Acting Chief of Police

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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 $40,235.40 IN GRANT FUNDING FR OM THE ALAMEDA COUNTY SHERIFF’S OFFICE FOR THE FY 2022 BYRNE JUSTICE ASSIS TANCE GRANT FOR

HAYWARD POLICE DEPARTMENT OPERATIONS

WHEREAS, the Hayward Police Department has a long history of receiving Byrne Justice Assistance (JAG) Grant funds to support police department operations; and

WHEREAS, The County of Alameda applied for and was awarded a total allocation of $693,444.00 in JAG funds, of which the Hayward Police Department will receive $40,235.40; and

WHEREAS, these funds require no local match and will be used to support criminal justice and community policing related activities such as training, equipment, supplies, prevention and education programs, and other related law enforcement and corrections programs.

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 appropriat e the FY 2022 Byrne Justice Assistance Grant to the Byrne Grant Fund (Fund 820) in the amount of $40,235.40.

FURTHER BE IT RESOLVED, by the City Council of the City of Hayward hereby approve the amendment of the FY 2024 Operating Budget Resolution by increasing the approved budget appropriation in the Byrne Grant Fund (Fund 820) by $40,235.40.

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 23-539
DATE: November 7, 2023
TO: Mayor and City Council
FROM: Acting Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $43,336.80 in Grant Funding From the Alameda County Sheriff’s Office For the FY 2023 Byrne Justice Assistance Grant For Hayward Police Department Operations

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $43,336.80 in grant funding from Alameda County Sheriff’s Office for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG), for Hayward Police Department (HPD) operations.

SUMMARY
The Alameda County Sheriff’s Office applied and qualified for the 2023 JAG Grant funding for eligible Consortium members. The HPD is a Consortium member and is eligible for an allocation of grant funds.

The total allocation for Alameda County consortium members is $746,889.00, of which the HPD will receive $43,336.80. These funds require no local match and will be used to support criminal justice related activities such as training, equipment, supplies, prevention and education programs, and other related law enforcement and corrections programs.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/2/2023Page 1 of 1
powered by Legistar™

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DATE: November 7, 2023

TO: Mayor and City Council

FROM: Acting Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $43,336.80 in Grant Funding From the Alameda County Sheriff’s Office For the FY 2023 Byrne Justice Assistance Grant For Hayward Police Department Operations

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $43,336.80 in grant funding from Alameda County Sheriff’s Office for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG), for Hayward Police Department (HPD) operations.

SUMMARY

The Alameda County Sheriff’s Office applied and qualified for the 2023 JAG Grant funding for eligible Consortium members. The HPD is a Consortium member and is eligible for an allocation of grant funds. The total allocation for Alameda County consortium members is $746,889.00, of which the HPD will receive $43,336.80. These funds require no local match and will be used to support criminal justice related activities such as training, equipment, supplies, prevention and education programs, and other related law enforcement and corrections programs.

BACKGROUND AND DISCUSSION

The JAG program was created by the Violence Against Women and Department of Justice Reauthorization Act of 2005, which combined both the Edward Byrne Memorial Formula (Byrne Formula) Grant and the Local Law Enforcement Block Grant (LLEBG) into a single program. The Hayward Police Department has participated in the JAG program since 2005.

State and local governments are awarded JAG funds based on a statutorily defined formula.

The allocation of JAG funds to each state is determined by the state's share of the national population as well as the average number of violent crimes reported during the previous three years. After a state’s allocation is calculated, the state government receives 60% of the total amount directly, with the remaining 40% going to local government entities in the state.

The Hayward Police Department has been awarded grant funding from the Byrne JAG program since 2005. Some past grant funding uses include:

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For the 2023 Byrne JAG grant award, the Hayward Police Department is discussing potential uses for the funds, including additional training and/or community engagement equipment.

The Alameda County Sheriff’s Office applied for the FY 2023 Byrne JAG funding on behalf of the County’s Consortium members, which include the City of Alameda, City of Berkeley, City of Emeryville, City of Fremont, City of Hayward, City of Livermore, City of Oakland, City of San Leandro, City of Union City, and County of Alameda. Alameda County qualified for a total allocation of $746,889.00 in FY 2023 Byrne JAG Local funds, of which the Hayward Police Department will receive $43,336.80. These funds require no local match and allow a wide range of uses by participating Police Departments. HPD intends to use the funds to support criminal justice related activities such as training, equipment, supplies, prevention and education programs, and other related law enforcement programs.

STRATEGIC ROADMAP

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

FISCAL IMPACT

The 2023 Byrne Justice Assistance Grant (JAG) funds received will not have an impact on the General Fund. The awarded grant funds will be used to support criminal justice related activities.

NEXT STEPS

Prepared by: Laura Gomez, Senior Management Analyst

Recommended by: Bryan Matthews, Acting Chief of Police

Page 3 of 3 ends

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 $ 43,336.80 IN GRANT FUNDING FR OM THE ALAMEDA COUNTY SHERIFF’S OFF ICE FOR THE FY 2023 BYRNE JUSTICE ASSIS TANCE

GRANT FOR HAYWARD POLICE DEPARTMENT OPERATIONS

WHEREAS, the Hayward Police Department has a long history of receiving Byrne Justice Assistance Grant (JAG) funds to support police department operations; and

WHEREAS, The County of Alameda applied for and was awarded a total allocation of $746,889.00 in JAG funds, of which the Hayward Police Department will receive $43,336.80; and

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 appropriat e the FY 202 3 Byrne Justice Assistance Grant to the Byrne Grant Fund (Fund 820) in the amount of $43,336.80.

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:

APPROVED AS TO FORM:

ATTEST:

City Clerk of the City of Hayward

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 23-572
DATE: November 7, 2023
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 in an Amount Not-to-Exceed $1,004,000

RECOMMENDATION
That the Council adopts a resolution (Attachment I) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to-exceed $1,004.000.

SUMMARY
The American Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure to both support and expand City operations and services in a post-COVID environment. One of the Council’s Strategic Priority projects that supports infrastructure investment is the complete remodel and renovation of aging restroom and locker room facilities in the City’s Corporation Yard (Corp Yard) buildings. This project will improve the aging restroom and locker room facilities utilized by field staff in both Maintenance Services (MS) and Public Works-Utilities Environmental Services (PWUES) by reconfiguring the usable space more efficiently, replacing outdated infrastructure installed over 60 years ago, and making improvements to meet ADA compliance.

Furthermore, the project scope will improve ventilation and modernize the facilities to support adequate social distancing in an effort to reduce transmission of the COVID virus in the workplace. Staff recommends entering into an agreement with Staples Construction Company (Staples Construction) to completely renovate the restroom and locker room facilities at the Corp Yard that will provide accessible, serviceable, and healthy workspaces for City employees.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/2/2023Page 1 of 1
powered by Legistar™

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DATE: November 7, 2023

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 in an Amount Not-to-Exceed $1,004,000

RECOMMENDATION

That the Council adopts a resolution (Attachment I) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to-exceed $1,004.000.

SUMMARY AND BACKGROUND

The American Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure to both support and expand City operations and services in a post-COVID environment. One of the Council’s Strategic Priority projects that supports infrastructure investment is the complete remodel and renovation of aging restroom and locker room facilities in the City’s Corporation Yard (Corp Yard) buildings. This project will improve the aging restroom and locker room facilities utilized by field staff in both Maintenance Services (MS) and Public Works-Utilities Environmental Services (PWUES) by reconfiguring the usable space more efficiently, replacing outdated infrastructure installed over 60 years ago, and making improvements to meet ADA compliance.

DISCUSSION

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The City’s Corporation Yard, located at 24505 Soto Road and 16 Barnes Court, was built in 1964. While many components and facility infrastructure remain operational, they are in a failing state of repair and beyond the end of their useful life. Specifically, the restrooms and locker room facilities are in dire need of major remodel and renovation due to outdated components, lack of space as staff has increased, and ADA compliance issues.

The complete remodel and renovation will consist of lead and asbestos abatement, demolition of all existing fixtures, installing restroom partitions, accessories, lighting, interior walls, door frames, and hardware, and updating plumbing and waste-water infrastructure. New plumbing fixtures will reduce water consumption and energy efficient LED lighting fixtures with occupancy and daylighting sensors will be installed to satisfy California Energy Code Title 24.

The current showers are non-functional and non-ADA compliant. The new showers will be a vital health and safety asset to employees working in and around biohazards, green waste, paint, and underground trench work. New ADA approved partitions, windows, door frames, doors, and HVAC diffusers and ducting will be installed. To complete the project, new paint and epoxy flooring will be installed throughout the restroom and locker room facilities.

Staples Construction was identified as a qualified contractor through Sourcewell, a third party that conducts competitive bidding processes to establish pre-set unit prices for various materials, equipment, and services. California Government Code Section 6500 et seq. authorizes public agencies to enter into an agreement to jointly exercise any power in common to public agencies, including participating in cooperative purchasing agreements, while remaining within the City’s adopted rules and procedures for purchasing.

Staff invited Staples Construction for a walk-through to confirm project scope and submit a proposal. Staff reviewed Staples Construction’s submitted proposal in the amount of $913,000. Staff recommends awarding a contract in said amount with a 10% contingency ($91,000) for a total not-to-exceed contract amount of $1,004,000.

FISCAL IMPACT

The project will be split into two phases:

Phase 1: 24505 Soto Rd $ 466,000
Phase 2: 16 Barnes Ct $ 447,000
Total Construction Costs $ 913,000

Contingency (10%) $ 91,000
Total Contract Amount $1,004,000

In FY 2022, ARPA funds were appropriated for the Corporation Yard Complete Restroom & Locker Room Remodel (Project RP230) to support public health expenditures through capitalizing investments in public facilities to meet operational needs. To date, no funds have been spent on this project, and the budget appropriation for this project have been carried forward and appropriated in FY 2024. This project will be fully funded by ARPA and has no impact on the General Fund.

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SUSTAINABILITY FEATURES

The project scope has various sustainability features, such as reduction in water consumption through updated plumbing fixtures and installing energy efficient LED lighting fixtures with occupancy/daylight sensors that satisfy California Energy Code Title

24. Furthermore, the project requires the contractor to comply with the City’s sustainability efforts, such as recycling all construction and demolition debris.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap Priority of Invest in Infrastructure, specifically:

Invest in City Facilities & Property
Project N13: Continue Corporation Yard safety updates (ARPA)

NEXT STEPS

If approved, the City Manager will negotiate and execute an agreement with Staples Construction Company in an amount not-to-exceed $1,004,000 for the Corporation Yard Complete Restroom & Locker Room Remodel, ARPA Project RP230.

Prepared by: Liz Sanchez, Management Analyst II
Allen Koscinski, Facilities Manager

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

__________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN AGREEMENT WITH STAPLES CONSTRUCTION FOR THE

CORPRATION YARD COMPLETE RESTROOM & LOCKER ROOM REMODEL PROJECT RP230 IN AN AMOUNT NOT-TO-EXCEED $1,004,000 AND MAKING

ASSOCIATED FINDING S AUTHORIZING PROCUREMENT OF THE WORK

THROUGH A COOPERATIVELY PURCHASED CONTRACT

WHEREAS, the America Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure investments needed to help maintain and expand City operations and services in a post COVID environment; and

WHEREAS, built in (1964), the Corporation Yard Restrooms and Locker rooms need critical maintenance and repairs throughout the facility: and

WHEREAS, Hayward Municipal Code section 2 -8.01 requires new construction in excess of $35,000 that results in adding space or capacity to an existing facility or that results in extending the useful life of an existing facility to be competitively bid, or alternatively for the work to be procured in the open market if the City Council deems it more beneficial or economical to do so; and

WHEREAS, the City propos es to use a contract that was cooperatively purchased by Sourcewell, a Minnesota public agency, formerly known as the National Joint Powers Authority (NJPA); and

WHEREAS, the City of Hayward is a long -time member of the Sourcewell JPA and is authorized by the Joint Exercise of Powers Act (Gov. Code 6500 et seq.) to enter into agreements with other public agencies, including out of the state agencies, to exercise common powers; and

WHEREAS, cooperative purchasing, sometimes referred to as “piggyback purchasing” is a process where the procurement is conducted by, or on behalf of, one or more public procurements units; and

WHEREAS, Sourcewell advertised a statewide competitive solicitation for bids to provide general building and construction services to Sou rcewell/NJPA members throughout California, which yielded 32 bids from which Staples Construction & Management was awarded a multi-year contract by Sourcewell: and

ATTACHMENT II

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WHEREAS, this procurement method complies with the City of Hayward’s purchasing policies as well as the requirements of Municipal Code section 2 -8.01 relating to procuring works for new construction in the open market as an alternative to competitive bidding; and

WHEREAS, this project is categorically exempt from environmental review pursuant to section 15301 of the CEQA guidelines relating to minor alterations of existing public structures or facilities.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that pursuant to Hayward Municipal Code section 2 -8.01 it is more economical and beneficial to procure the work for the Hayward Police Build ing facilities project by using Sourcewell’s cooperatively purchased contract with Staples Construction, rather than advertising for bids.

BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate and execute an agreement with Staples Construction, in an amount not to exceed $ 1,004,00 for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230, in a form approved by the City Attorney.

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 23-584
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with First Presbyterian Church of Hayward to Increase the Winter Warming Shelter at South Hayward Parish Contract Amount by $495,000 for a Total Not-To-Exceed Amount of $2,545,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the agreement with First Presbyterian Church of Hayward to increase the Winter Warming Shelter contract by $495,000 for a total not-to-exceed amount of $2,545,000 to allow for year-round operations through the end of Fiscal Year 2024.

SUMMARY
Since 2018, First Presbyterian Church of Hayward (FPCH) has received funding support from the City of Hayward to operate an emergency shelter at its South Hayward Parish location. This program was originally conceived of as a Winter Warming Shelter, offering 18 drop-in beds to unhoused individuals during instances of inclement weather. In July of 2021, Council authorized the expansion of the Winter Warming Shelter into a year-round program as part of its Federal Stimulus Expenditure Plan in response to the COVID-19 pandemic.

In its first eighteen months of expanded operations, the year-round shelter provided services to 870 Hayward residents. The year-round shelter is an important resource to the City’s population of single adults experiencing homelessness. With current funding, the shelter can only remain open through the third quarter of FY 2023-24. As a response to this need, City staff reached out to the County for support and the County agreed to contribute $150,000 to support the ongoing operation of the shelter. To continue this program through the end of FY 2023-24 and supplement the County’s support, staff recommends allocating $495,000 in Hayward Evaluation and Response Teams (HEART) program savings to FPCH’s existing contract through FY 2024.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/2/2023Page 1 of 1
powered by Legistar™

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DATE: November 7, 2023

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with First Presbyterian Church of Hayward to Increase the Winter Warming Shelter at South Hayward Parish Contract Amount by $495,000 for a Total Not-To-Exceed Amount of $2,545,000

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the agreement with First Presbyterian Church of Hayward to increase the Winter Warming Shelter contract by $495,000 for a total not-to-exceed amount of $2,545,000 to allow for year- round operations through the end of Fiscal Year 2024.

SUMMARY

Since 2018, First Presbyterian Church of Hayward (FPCH) has received funding support from the City of Hayward to operate an emergency shelter at its South Hayward Parish location.

This program was originally conceived of as a Winter Warming Shelter, offering 18 drop-in beds to unhoused individuals during instances of inclement weather. In July of 2021, Council authorized the expansion of the Winter Warming Shelter into a year-round program as part of its Federal Stimulus Expenditure Plan in response to the COVID-19 pandemic.

Page 2 of 5 ends

BACKGROUND

Beginning on December 1, 2018, FPCH offered emergency shelter services at its South Hayward Parish location with funding support from the City. From 2018 through 2021, the Winter Warming Center provided 18 nightly shelter beds during the fall and winter months, when temperatures fell below 45 degrees or there was a high chance of rain. During these months, the shelter operated from 7 p.m. until 7 a.m. and provided dinner and breakfast services for its clients.

On April 27, 20211, Council accepted American Rescue Plan Act of 2021 (ARPA) funds in response to the ongoing impacts of the COVID-19 pandemic and directed staff to develop a Federal Stimulus Expenditure Plan. On July 13, 2021, Council approved the City of Hayward Federal Stimulus Expenditure Plan and Let’s House Hayward (LHH) Strategic Plan, which detailed goals for reducing homelessness in Hayward and strategies and action steps required to achieve those goals.2

As an identified action step in both the Hayward Federal Stimulus Expenditure Plan and LHH Strategic Plan, FPCH expanded services at the Winter Warming Shelter to operate year-round instead of only during inclement weather. The shelter began offering its expanded service hours in October 2021.

On July 5, 2022, Council authorized an extension to the Winter Warming Shelter agreement to continue extended operations using the remaining funds allocated by the Federal Stimulus Expenditure Plan and received from the US Treasury in June 2022.3 However, the extension and distribution of remaining funds were not executed prior to the end of Fiscal Year 2023 due to constrained provider capacity caused by increased demand for shelter services and necessary changes to the scope of work. Staff went back to Council on August 15, 2023, to finalize these changes and Council authorized the City Manager to allocate an additional $405,868 in remaining FY 2023 funds allocated by the Federal Stimulus Expenditure Plan and extend the Winter Warming Shelter agreement through FY 2023-24.4

DISCUSSION

FPCH recently notified the City that, even with the ARPA allocation for FY 2023-2024, they still had a funding gap to cover operations for the full duration of FY 2023-2024. FPCH informed the City that their current funding, inclusive of ARPA, allows the shelter to only

1 April 27, 2021 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4923169&GUID=F3B939CF-3D97-4F0A-A5AE- 8F3A12255314&Options=&Search=
2 July 13, 2021 City Council Meeting Agenda and Materials: CITY OF HAYWARD - Meeting of City Council on 7/13/2021 at 6:00 PM (legistar.com)
3 July 5, 2022 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5709698&GUID=55CE1563-86DB-4F2F-8D3E- F5ADBBB68E84&Options=&Search=
4 August 15, 2023 City Council Meeting Agenda and Materials: CITY OF HAYWARD - File #: CONS 23-445 (legistar.com)

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remain open through the third quarter of FY 2023-24. To continue the shelter for the entirety of FY 2023-24, FPCH requires an additional $645,000. City staff engaged Alameda County Supervisor Márquez’s office to contribute $150,000 to this funding gap. Staff are now bringing this item to Council with the recommendation to fund the balance of the remaining gap from General Fund savings related to the administration of the HEART program (see Table 1).

TABLE 1: WINTER WARMING SHELTER SERVICES FUNDING GAP
FBCH FY 2023-24 Funding Gap Amount
FBCH FY 2023-24 Quarter 3 Funding Gap $645,000
FY 2023-24 Funding Contributions
Alameda County Contributions $150,000
Proposed FY 2023 HEART Program Savings $495,000
Subtotal – Funding Contributions $645,000

As the only drop-in emergency shelter serving single adults experiencing homelessness in Hayward, the expanded Winter Warming Shelter provides a critical service to the City’s unhoused population. Other emergency shelters supported by the City require referrals or have other specific criteria. In the first eighteen months of expanded operations, FPCH reported serving 1,499 individuals experiencing homelessness from throughout Alameda County, 58.0% (n=870) of whom were from Hayward.

According to the City’s 2022 Point-in-Time (PIT) count, 74.6% of people experiencing homelessness in Hayward are adults over the age of 25, and 70.5% report living alone. Adult men constitute the largest population of unhoused individuals in Hayward, representing 64% of all individuals experiencing homelessness and 69% of unsheltered individuals. Since beginning its expanded services, adult men have been the Winter Warming Shelter’s primary clients. Approximately 80% (651) of individuals served at the Winter Warming Shelter are between the ages of 18 and 62 and over 75% (n=652) identify as men.

If the expanded Winter Warming Shelter services were to close, those who are unhoused who use those services would no longer have access to basic human needs at the site, and without these human needs being met, individuals may resort to unlawful activity to meet their survival needs of food, water, and use of a restroom. It is possible the surrounding community would see an increase in crime and a decrease in the quality of life for Hayward residents.

Consequently, the lack of these services could also increase demand for the already strained emergency medical and law enforcement systems.

The City’s HEART program response teams routinely utilize South Hayward Parish’s shelter services, and the shelter is a vital service that mitigates harm in the community. Given the frequent collaboration between HEART and South Hayward Parish and the reliance on shelter services by HEART, the HEART team proposed allocating Fiscal Year 2022-2023 program savings to ensure their ongoing ability to keep the nightly shelter open. Staff recommend that Council authorize the City Manager to amend the existing professional services agreement with FPCH to increase the contract amount by $495,000 funded by unspent HEART program savings generated from delayed program launch (see Table 2).

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TABLE 2: WINTER WARMING SHELTER SERVICES AGREEMENT RECOMMENDED AMOUNT INCREASE Original agreement Amount
FY 2022 General Fund Allocation $25,000
FY 2023 General Fund Allocation $25,000
FY 2022 ARPA Year 1 Allocation $1,619,314
FY 2023 ARPA Year 2 Allocation $380,686
Subtotal $2,050,000
Recommended amendment
FY 2024 HEART Program Savings $495,000
Total excluding County contribution $2,545,000

Staff are working with South Hayward Parish and Alameda County to identify funding to continue the shelter as a nightly service after FY 2023-24.

ECONOMIC IMPACT

There is a positive economic impact from addressing unsheltered homelessness by moving individuals into emergency housing with supportive services to help transition them to more permanent housing opportunities.

FISCAL IMPACT

This item is a one-time transfer from the HEART pilot program savings and has no ongoing fiscal impact on the General Fund.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Preserve, Protect, and Produce Housing, under
 Project H2: Implement the Homelessness Reduction Strategic Plan

NEXT STEPS

If Council approves, staff will move forward to increase First Presbyterian Church of Hayward’s contract amount by $495,000 and execute the contract amendment for FY 2023-

24. Prepared by: Emily Hwang, Management Analyst I

Recommended by: Amy Cole-Bloom, Community Services Manager

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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 M ANAGER TO AMEND THE

PROFESSIONAL SERVICES AGREEMENT WITH FIRST PRESBYTERIAN

CHURCH OF HAYWARD TO INCREASE THE WINTER WARMING SHELTER AT SOUTH HAYWARD P ARISH CON TRACT AMOUNT BY $ 495,000 FOR AN AMOUNT NOT TO EXCEED $2,545,000

WHEREAS, the City Council of the City of Hayward by Resolution No. 21 -145, dated July 13, 2021, authorized the City Manager to Negotiate and Execute a n Agreemen t with CONTRACTOR for FY21-22 Winter Warming Center Expansion and Day-Resource Center at South Hayward Parish Services for an amount not-to-exceed $1,644,314; and

WHEREAS, the City Council of the City of Hayward by Resolution No. 23 -212 dated August 15, 2 023, autho rized the City Manager or her design ee to amend the professional services Agreement with First Presbyterian Ch urch of Hayward to increase the Winter Warming Shelter contract amount by $405,686 for a not-to-exceed amount of $2,050,000 for FY21-23 Winter Warming Shelter services; and

WHEREAS, the City Counc il of the City of Hayward by Resolution No. 23 -212 dated August 15, 2023, also authorized the City Manager or her design ee to extend the term of the professional services Agreement with First Presbyterian Church of Hayward to end on June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED THAT, that the City Council of the City of Hayward hereby authorizes the City Manager or her design ee to amend the professional services Agreement with First Presbyterian Church of Hayward to increase the Winter Warming Shelter contract amount by $ 495,000 for a not -to-exceed amount of $2, 545,000 to allow for year-round operations through the end of Fiscal Year 2024.

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 23-591
DATE: November 7, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Third Amendment to the Existing Ground Lease with Mahabal Hospitality, LLC

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Third Amendment to the Ground Lease with Mahabal Hospitality, LLC.

SUMMARY
In November 2017, the City entered into lease agreements with Mahabal Hospitality, LLC and Ramesta Hospitality, LLC to build two new hotels on vacant airport parcels. Construction of the Home2Suites hotel (developed by Ramesta Hospitality) was completed in early 2022 and the hotel opened for business in March of that year. Plans and specifications for the Hyatt Place hotel property (developed by Mahabal Hospitality) were approved and construction will commence by the end of 2023.

Prior to construction of the first hotel, the Federal Aviation Administration (FAA) requested additional information regarding siting and penetrations of protected airspace. A seven-month period was required for approval of the revised Airport Layout Plan (ALP) and property release documents by the FAA, causing construction of the Hyatt Place development to be pushed back to November 2020, which is outside the lease-mandated two-year construction timeline of no later than November 2019. Accordingly, an amendment for this extension was approved by Council on October 1, 2019 that allowed for a three- year construction window from November 2020 to November 2023. However, soon after the amendment was executed, the COVID19 pandemic impacted development of the Hyatt hotel, including the construction schedule and revenue projections. As a result, the project incurred further, significant delays. As the business environment has returned to pre-COVID19 levels, this third amendment is required to extend the Hyatt Place construction period from June 1, 2023 to June 1, 2026, and allow for construction of a banquet facility and retail space by no later than June 1, 2028.

CITY OF HAYWARD Printed on 11/2/2023Page 1 of 2
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File #:CONS 23-591
Council Airport Committee Review
This item was presented to the Council Airport Committee (CAC) during their October 26, 2023 meeting and was unanimously recommended for approval.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
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DATE: November 7, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Third Amendment to the Existing Ground Lease with Mahabal Hospitality, LLC

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Third Amendment to the Ground Lease with Mahabal Hospitality, LLC.

SUMMARY

In November 2017, the City entered into lease agreements with Mahabal Hospitality, LLC and Ramesta Hospitality, LLC to build two new hotels on vacant airport parcels.

Construction of the Home2Suites hotel (developed by Ramesta Hospitality) was completed in early 2022 and the hotel opened for business in March of that year. Plans and specifications for the Hyatt Place hotel property (developed by Mahabal Hospitality) were approved and construction will commence by the end of 2023.

Prior to construction of the first hotel, the Federal Aviation Administration (FAA) requested additional information regarding siting and penetrations of protected airspace. A seven-month period was required for approval of the revised Airport Layout Plan (ALP) and property release documents by the FAA, causing construction of the Hyatt Place development to be pushed back to November 2020, which is outside the lease-mandated two-year construction timeline of no later than November 2019. Accordingly, an amendment for this extension was approved by Council on October 1, 20191 that allowed for a three-year construction window from November 2020 to November 2023. However, soon after the amendment was executed, the COVID19 pandemic impacted development of the Hyatt hotel, including the construction schedule and revenue projections. As a result, the project incurred further, significant delays. As the business environment has returned to pre-COVID19 levels, this third amendment is required to extend the Hyatt Place construction period from June 1, 2023 to June 1, 2026, and allow for construction of a banquet facility and retail space by no later than June 1, 2028.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4148712&GUID=4F08BD8E-32C3-42D4-8A30-252061B16693&Options=&Search=

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Council Airport Committee Review

This item was presented to the Council Airport Committee (CAC) during their October 26, 20232 meeting and was unanimously recommended for approval.

BACKGROUND

Over the past several years, staff developed a plan to market non-aeronautical parcels on Airport property. A developer expressed interest in three parcels for the potential development of two hotels. This interest culminated in an agreement on November 14, 20173, Council approved a ground lease agreement between the City and both Ramesta Hospitality, LLC (for the Home2Suites hotel on Hesperian Boulevard), and Mahabal Hospitality, LLC (for the Hyatt Place hotel at the corner of West A Street and Skywest Drive).

On October 16, 20184, a First Amendment was approved by Council in order to finalize financing requirements with the developer’s lender for each lease.

On October 1, 20195, a Second Amendment was approved by Council in order to allow for an additional three years to construct the hotel. This request was needed due to a lengthy FAA approval process that in turn affected construction milestones. Additional review time was required due to staff turnover at the FAA:

 A revised Airport Layout Plan (ALP)
 An approved airspace study
 Completion of an FAA property release for non-aeronautical purposes  The preparation of a site plan and a drawing depicting the hotels in relation to the Federal Regulation, Title 14 Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, (Part 77) protected airspace has affected construction milestones

The Second Amendment with the hotel developer required that construction for the Hyatt Place hotel be completed by no later than November 30, 2023. However, due to conditions outside of the developer’s control, the lease with Mahabal Hospitality, LLC must be amended a third time to permit a revised construction date.

DISCUSSION

The developer is in the process of preparing final environmental documents for the Hyatt Place hotel situated on the corner of Skywest Drive and West A Street. Once approved by

2 https://hayward.legistar.com/MeetingDetail.aspx?ID=1126516&GUID=B3771542-291C-423B-A121- 83106DD31F57&Options=info|&Search=
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=3210067&GUID=95082EE2-D0CC-4F2E-B305-9C8291EBF970&Options=&Search= 4 https://hayward.legistar.com/LegislationDetail.aspx?ID=3701970&GUID=B2C33FC2-BA36-4F9D-B545-F8C88FA1D03B&Options=&Search= 5 https://hayward.legistar.com/LegislationDetail.aspx?ID=4148712&GUID=4F08BD8E-32C3-42D4-8A30-252061B16693&Options=&Search=

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the City, the developer will receive a grading permit and break ground later this year. The site for the Hyatt Place hotel is depicted in Attachment III. The leasehold is approximately 160,000 square feet and will contain the following features and amenities:

 A minimum of 110 rooms;
 A banquet facility that seats a minimum of 200 persons, and can be subdivided into three smaller rooms and include retail space;
 A swimming pool; and
 A nationally-branded restaurant.

FAA Approval
The FAA reviewed documentation for the site, including the ALP, airspace studies, and property releases for non-aeronautical use. They determined that the proposed development is in conformance with FAA standards. The FAA subsequently approved construction of the hotel.

Impact of COVID19
Soon after approval from the FAA, the COVID19 pandemic impacted work in many different industries, including the construction trades. As a result, work on the Hyatt Place hotel was curtailed until the effects of the pandemic eased and physical and financial conditions improved. In early 2023, the developer submitted construction plans to the City. After several revisions the plans were approved. A second phase of environmental work is underway and results will be forwarded to the City. Once approved, the developer will break ground on the project, which is expected later this year.

Lender Requirements
To secure new financing, the developer’s lender is requesting an amendment to the ground lease that changes the construction timeline for the hotel from a November 2023 completion date to June 1, 2026. A second timeline for the construction of a banquet hall/retail space would allow for completion two years after construction of the hotel, or no later than June 1, 2028. Other changes related to more technical aspects of the lease (address changes, binding effect of amendment, etc.) were also requested by the lender. All other terms and conditions of the lease remain unchanged.

Council Airport Committee Review
This item was presented to the CAC during their October 26, 2023 meeting and was unanimously recommended for approval.

ECONOMIC IMPACT

This hotel development will generate work for skilled and unskilled tradespeople during the construction phase, and retail/service sector jobs after the hotel is built.

FISCAL IMPACT

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Once a Certificate of Occupancy is issued, the Airport Operating Fund will realize a revenue increase of approximately $210,000 per year from the Hyatt Place hotel. Additional economic impact from transient occupancy, sales, and property taxes is estimated approximately $500,000, which will benefit the City’s General Fund. The City’s General Fund will also benefit from additional business license fees.

STRATEGIC ROADMAP

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

SUSTAINABILITY FEATURES

The Airport is strongly committed to developing projects that are environmentally responsible. Therefore, all plans proposed by the developer incorporated features that are compatible with the City’s sustainability guidelines.

PUBLIC CONTACT

This topic was discussed at the CAC meeting of October 12, 20176, with unanimous support expressed for the project. Furthermore, the projects were approved by Council on November 14, 2017. The First Amendment for both developments was reviewed and approved by Council on October 16, 2018. The Second Amendment was presented to and approved by the Council Airport Committee on September 19, 2019. This Third Amendment was presented to and approved by the CAC on October 26, 2023. The staff report and relevant attachments for this item have been posted on the City’s website and distributed to interested parties.

NEXT STEPS

If approved, Airport staff will prepare the Third Amendment for execution by the City Manager, in a form approved by the City Attorney.

Prepared by: Doug McNeeley, Airport Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________________
Kelly McAdoo, City Manager

6 https://hayward.legistar.com/MeetingDetail.aspx?ID=568912&GUID=DFD876B7-E18C-4EB1-95C5- A1D1C28F8C8A&Options=info|&Search=

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND EXECUTE A THIRD AMENDMENT TO THE

GROUND LEASE WITH MAHABAL HOSPITALITY, LLC

WHEREAS, the City of Hayward (“City”) owns and operates Hayward Executive Airport (“Airport”); and

WHEREAS, on November 14, 2017, the City of Hayward approved leases with Ramesta Hospitality, LLC and Mahabal Hospitality, LLC for the development of two hotels on Airport property; and

WHEREAS, on November 16, 2018, the City approved a First Amendment related to a request from the developer’s lender for clarifying language in the leases that complies with the terms of the construction loan; and

WHEREAS, the ground lease stipulates that the Mahabal Hospitality, LLC development, which is the Hyatt Place Hotel on West A Street, commence construction no later than November 30, 2019; and

WHEREAS, on October 1, 2019, the City approved a Second Amendment relat ed to a request from the developer to extend the construction commencement date by one year to November 30, 2020 due to delays outside the developer’s control; and

WHEREAS, due to impacts resulting from the COVID19 pandemic, which curtailed development of the hotel by nearly three years, the developer is requesting an additional extension of the construction commencement date.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute a Third Amendment to the ground lease with Mahabal Hospitality, LLC, in a form to be approved by the City Attorney , to reflect an extension of the construction commencement date to June 1, 2023, with the hotel to be completed by June 1, 2026 and the banquet facility and retail space to be completed by no later than June 1, 2028.

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
Mahabal (Hyatt) Parcel

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-040
DATE: November 7, 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).

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 and 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 adopt 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 11/2/2023Page 1 of 1
powered by Legistar™

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DATE: November 7, 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 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 and Syrop and Mayor Salinas, to review and recommend final edits to the handbook. The Ad Hoc Committee met on June 12, July 10, and Septembe r 18 and staff has prepared this report and attachments to ca pture the edits and modifications made to the Council Handbook. The Ad Hoc Committee recommends that the Council adopt a resolution (Attachment II) to implement the final proposed changes to the Handbook.

BACKGROUND AND DISCUSSION

The Council Member Handbook ( 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 recommended 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.

Handbook excerpt (pages 5-6)

COMPENSATION FOR MEMBERS OF THE CITY COUNCIL

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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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 wi ll 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.

Handbook excerpt (page 13)

COUNCIL OFFICE BUDGET AND EXPENDITURE GUIDELINES

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The City Council adopts an annual City budget for a ll se rvices. The Council holds budget work sessions in May and June, which are ope n 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 pol icies, the Employee Expense Reimbursement Policy, and other applicable City polici es 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 reimburse d 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 discretionar y 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
g) Other expenses approved by the City Manager and Mayor Council in advance of their incurrence.

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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 oppor tunity to address the City Council on items not listed on the agenda or Informatio nal 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 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

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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 in clude 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 question 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 spea k 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 Cler k 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 May or; unless 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 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.

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(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 o f 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 assignments (both within the Ci ty of Hayward or with inter-government a gencies), 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, 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

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scheduled for conside ration by the Cou ncil at the ne xt 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 ce nsure 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 Coun cil 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 Memb ers 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 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

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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, ea ch of which s hall act as a fact -finding c ommittee for the purpo se of considering a ll 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 . Participat ion a nd attendance at th ose commi ttee me etings is important. C ontinued absences f rom 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.

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

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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 OFFI CIALS 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 rev iew. 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 Force is not a boa rd, commission, or c ommittee as contemplated by the Charter. Its purpose is focuse d on improving the quality of life in the many diverse neighborhoods in the City through Saturday and other clean- up activities. The Task

Page 11 of 16 ends

Force is not delegated with legal o r 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 ter m 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 requir ed 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 pre pared for meetings, e.g., re viewing the materials in the agenda packet. The Counci l /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 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 atten d three consecu tive regular meetings of a com mission wi ll be c ause for Council to

Page 12 of 16 ends

declare the memb er’s position vacant. After three consecutive absences or in the event atten dance 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 r ecord 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 wishin g to resign shall su bmit a letter of resignation to the City Clerk.

Once the lette r 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 Cou ncil 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 of 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 resigna tion 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 a nd 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 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

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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 a physical or mental disability that is not otherwise accommodated; or (d) travel while on official business. AB 2449 limits a member to

Page 14 of 16 ends

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.

Following the last Ad Hoc meeting, staff were asked to review the Work Session section in the Council Member Handbook. City staff conducted a review and recommends deleting the last sentence as this is no longer the Council’s practice. The proposed deletion is noted in red strike-through text.

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Handbook excerpt (page 26)
Work Session
When a work session is required, Council Members will meet at City Hall unless otherwise noticed according to State law. Members of the public are enc ouraged to attend work sessions. Comments on an item appearing in the work session section of the agenda follows staff's presentation. Except for the procedural motions required by the Brown Act which may be made at a work session (and which are discussed more fully in the section "Amended Agenda") no formal action shall be taken, no moti ons shall be offered, no arguments entered into; the sole purpose of said meetings being to provide background information to members of the Council and to allow Council Members to ask questions and to express personal opinions. A Work Session presentation and discussion shall be limited to one hour.

Staff were also asked to review t he Bylaws section in the Council Appointed Officials Handbook. Staff rev iewed the section an d recommend that amendments be reviewed by the Council. Council could also refer the bylaws to staff for a recommendation on whether bylaws are necessary or if there is a universal set of guidelines the Council could adopt that would apply to all advisory bodies.

Council Appointed Officials Handbook excerpt (page 13)
Bylaws

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

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 Co uncil Member Handbook.

ECONOMIC AND FISCAL IMPACT

Any changes to the Mayor and City Council compensation will be included in the FY 2025 Operating Budget process. The remaining proposed changes to the Council Member Handbook have no anticipated economic or fiscal impact.

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.

Page 16 of 16 ends

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 November 7, 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
Attachment IV
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 CouncilNovember 7, 2023

Hayward City Council
November 7, 2023