Council Packet — Hayward City Council, January 23, 2024 (part 1 of 5)

Tuesday, January 23, 2024
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
City Council Agenda January 23, 2024

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/86804070080?
pwd=7qfWXfpLHNrwsyMD_r0c8hYcbCR-WHo2300.o1lX2AUn3vKe2lB3 Meeting ID: 868 0407 0080
Password: CC0123@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 868 0407 0080
Password: 8167743018
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Andrews

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
CITY OF HAYWARD Page 2 Tuesday, January 23, 2024
City Council Agenda January 23, 2024

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 comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated.

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

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

CONSENT
Approve the Minutes of the City Council Meeting on December 5, 2023

1. MIN 24-005
Attachments: Attachment I Draft Minutes of 12/5/2023
Approve the Minutes of the Special City Council Meeting on December 12, 2023

2. MIN 24-006
Attachments: Attachment I Draft Minutes of 12/12/2023
Approve the Minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency Board/Hayward Economic
Development Corporation Board Meeting on January 8, 2024

3. MIN 24-007
Attachments: Attachment I Draft Minutes of 1/8/2024
CITY OF HAYWARD Page 3 Tuesday, January 23, 2024
City Council Agenda January 23, 2024
Adopt an Ordinance Amending the Zoning Map and Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code) of the Hayward Municipal Code Associated with the Hayward Residential Design Study

4. CONS 24-002
Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
Adopt a Resolution Accepting the Resignation of Commissioner Kelly Sullivan from the Library Commission, Effective
Immediately

5. CONS 24-018
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Appointing Marhya Kelsch to the Library Commission to Fill the Term of Kelly Sullivan Expiring
September 30, 2027

6. CONS 24-019
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Appointing Hayward Youth Commission
Alternates Jesus Alejandro Reynoso and Temiloluwa
Ogunkanmi to Fill the Seats of Sharana Sabesan and Niki Shiva for Terms Expiring June 30, 2025

7. CONS 24-020
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Accepting the Fiscal Year 2024 Statement of Investment Policy and Delegation of Authority

8. CONS 24-003
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III PFM Asset Management Policy Review Memo
Attachment IV FY 2024 Statement of Investment Policy
CITY OF HAYWARD Page 4 Tuesday, January 23, 2024
City Council Agenda January 23, 2024
Adopt a Resolution Accepting and Appropriating $487,981 in Homeless Housing, Assistance and Prevention (HHAP) Funding to Support Hayward Navigation Center Operations

9. CONS 24-008
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Extend an Agreement with the Alameda County Probation Department
through June 30, 2024, to Provide Services as a Delinquency Prevention Network Youth Service Center and to Accept and Appropriate $297,500 from Alameda County to Fund the
Extension

10. CONS 24-016
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $25,000 in Grant Funding from the Eden Health District for the Purchase of Video Laryngoscopes for the Hayward Fire Department

11. CONS 24-017
Attachments: Attachment I Staff Report
Attachment II Resolution
Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton
Construction & Management for the Cinema Place Parking
Garage Project No. 07204 in an Amount Not-to-Exceed
$160,000 and Transfer and Appropriate $160,000 from the General Fund to the Facilities Capital Improvement Fund

12. CONS 24-023
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $506,242.46 in Highway-Railway Crossing
Program Funding from the California Department of
Transportation for the Preliminary Engineering Phase of the Tennyson Road Rail Crossing Safety Improvement Project

13. CONS 24-024
Attachments: Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 5 Tuesday, January 23, 2024
City Council Agenda January 23, 2024

PUBLIC HEARING
Eden Village III: Proposed Demolition of Two Existing
Detached Residences and Construction of a New 12 Unit Small Lot Detached Residential Subdivision on a 1.45-Acre Site Located at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers (APNs) 441-0074-009-00 and 441-0074-009-00),
Requiring Approval of a Zone Change to Planned Development District, Vesting Tentative Tract Map and Approval of an Environmental Consistency Checklist Associated with
Application No. MTA-23-0001. Applicant: Jeffrey Lawrence, Nuvera Homes. Owners: Robert A. Pratt, F TRS Roberta, Anne C.

Wu, and Ngai M. Wang (Report from Director of Development Services Buizer)

14. PH 23-054
Attachments: Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
Attachment IV Project Plans
Attachment V CEQA Environmental Consistency Checklist

LEGISLATIVE BUSINESS
FY 2024 Salary Plan: Adopt a Resolution Approving an
Amendment to the City of Hayward Salary Plan for Fiscal Year 2024 (Report from Director of Human Resources Frye)

15. LB 24-002
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY24 Salary Plan

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

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

CITY OF HAYWARD Page 6 Tuesday, January 23, 2024
City Council Agenda January 23, 2024

ADJOURNMENT
NEXT SPECIAL MEETING, January 30, 2024, 7:00 PM

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.

CITY OF HAYWARD Page 7 Tuesday, January 23, 2024
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-005
DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the City Council Meeting on December 5, 2023

RECOMMENDATION
That the Council approves the City Council meeting minutes of December 5, 2023.

SUMMARY
The City Council held a meeting on December 5, 2023.

ATTACHMENTS
Attachment I Draft Minutes of 12/5/2023
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, December 5, 2023, 7:00 p.m.

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

Pledge of Allegiance: Council Member Bonilla Jr.

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

Absent: None

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on December 5, 2023, at 6:00 p.m., with all members present and one public comment, regarding conference with legal counsel pursuant to Government Code section 54956.9(d)(1) involving City of Hayward, et al. v. Pacific Gas & Electric Company, et al., Alameda County Superior Court, No. 21CV004641. City Attorney Lawson indicated the Council discussed the matter and gave direction to staff but otherwise took no reportable action. The closed session adjourned at 6:30 p.m.

PRESENTATIONS
Keep Hayward Clean and Green Task Force (KHCGTF) Chair Haman and Member Ferreira spoke of the work done through the Task Force, acknowledged participants of the 2023 KHCGTF Beautiful Yard Contest, and announced first place winners Josh Rubietta & David Cheng, second place winners Lisset & Luis Dizon, and third place winner Gloria Fragoso. Mayor Salinas and Council Member Andrews presented certificates of recognition and gift cards to the winners of the contest.

Mayor Salinas announced Hayward had earned two 2023 Awards of Excellence from the International Economic Development Council – a Silver Award in the Resiliency, Recovery & Mitigation category for the “Together for Hayward Restaurant Relaunch and Restore & Reopen” programs and a Bronze Award in the Economic Equity and Inclusion category for the “Together for Hayward Digital Point of Sale Grant” program. Mayor Salinas and City Manager McAdoo recognized the Economic Development team for their efforts with the success of the programs.

Chief Economic Development Officer Nguyen thanked his team for their hard work.

PUBLIC COMMENTS
The following speakers urged the Council to pass a resolution in support of a cease-fire in Gaza and join other Bay Area cities such as Richmond and Oakland; divesting of City funds from anything that supports Israeli military or government; and ending the continued 2 | D e c e m b e r 5 , 202 3
occupation of Palestine. Some speakers spoke about the thousands of civilians who lost their lives and over 6,000 children killed by Israel’s airstrikes.

Calvin Wong, Hayward resident
Briseida Ayala Rodriguez, Hayward resident
Fatima Abdel-Wahab
Stephanie Nasser, community member
Gabriel De la Cruz, Hayward educator and business owner Hilaria Barajas, Hayward resident and educator
Ayah Zedan
Jannah Zedan
Jacquelyn Tran, Hayward resident
Aishwarya Goundar, Hayward resident
Alexis Villalobos
Saida Adem
Andrea Vazquez, Hayward resident and educator
Tri Do, physician
Khalid Ulla, Hayward resident
Cabusd, Hayward teacher
Rosio Andrade, Hayward resident
Haneen Abdullah
Hanadi Alh
Farzava Doost
Arieana Castellanos, Hayward resident
Karen Alcala, Hayward resident
Neda
Avani Bhatnagar, community organizer and teacher
Danae Griffin, Hayward resident and educator
Valeria Ochoa, Hayward resident and community organizer Elizabeth Ackerly, Hayward resident and educator
Amin, Hayward resident
Arzo Mehdavi, former Community Services Commissioner
Elizabeth Blancas, Hayward resident
Nestor Castillo, former educator
Hyanny Kwon, Hayward resident
Ariela Lara, Hayward resident and Oaxacan and climate organizer Chris Corrales, Hayward resident and business owner
Ed Romano, Hayward resident
Jordan Ilagan, Fremont community member
Vasko Yorgov, Hayward resident
Skylar Hope, Oakland energy researcher
C Gerez, Hayward resident and Hayward Youth commissioner

Ishmael Ayesh, Hayward resident
Breanna Salary
Mary Abusafiah, Hayward resident
Naomi Smoller, Castro Valley resident
Yenifer Hernandez, Hayward resident
Collin Thormoto, Community Services commissioner
Daisy Maxion
Maria Moreno, public educator
Claudia Roza, Hayward resident and educator
Hala, Hayward resident
Lala De La O, Hayward resident
Jesse Whitley
Gabby N
Suzanne Abouremeleh
Nayef Abouremeleh
Mousa Abouremeleh
Naheed Hasnat, writer
Jesse Gunn, Community Services Commissioner and teacher Nahla Mohamed, Hayward resident and educator
Joselin Barajas, Hayward resident and community organizer Rahmah Foundation /Masubi, Hayward educator and community member Laura
Yasmeen, Haward student
Zainab
Theresa R suggested a resolution condemning Hamas and freeing Palestine from Hamas.

Stephanie Spencer, Eden Area Interfaith Council Board Member, invited Council to engage with local faith groups about Israel-Palestine incidents; and write a statement of solidarity reflecting communities in Hayward in connection to what is happening in the Middle East.

Sara Lamnin, Hayward Area Recreation and Park District Director, asked the Council to work individually with other community leaders and collectively craft implementable policy asks that can work with federal legislators to minimize impact on City resources.

Miguel Delgado urged the Council to address the situation through a resolution or as individual leaders.
4 | D e c e m b e r 5 , 202 3
Members of the City Council thanked community members for their comments, offered personal comments and encouraged staff to explore options regarding the matter. It was noted that the City Council has a standing policy against expression on international matters but passed a resolution in 1985 against Apartheid in South Africa; and there was a referral process to add action items to future Council agendas.

Mayor Salinas called for a recess at 9:09 p.m. and reconvened the meeting at 9:17 p.m.

CITY MANGAGER’S COMMENTS
There were none.

CONSENT
Consent Item No. 6 was removed from the Consent Calendar for clarification.

1. Approve the Minutes of the City Council Meeting on November 7, 2023 MIN 23-125 It was moved by Council Member Bonilla Jr., seconded by Council Member Roche, and carried unanimously, to approve the minutes of the City Council Meeting on November 7, 2023.

2. Approve the Minutes of the Special Joint City Council and Hayward Housing Authority Meeting on November 14, 2023 MIN 23-126
It was moved by Council/HHA Member Bonilla Jr., seconded by Council/HHA Member Roche, and carried unanimously, to approve the minutes of the Special Joint City Council and Hayward Housing Authority Meeting on November 14, 2023.

3. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with All Star Talent, Inc. for Recruitment Consulting and Services in an Amount Not-to-Exceed $158,300 CONS 23-622
Staff report submitted by Acting Chief of Police Matthews, dated December 5, 2023, was filed.

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

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

Resolution 23-258, “Resolution Authorizing the City Manager to Execute an Agreement with All Star Talent, Inc. for Recruitment Consulting and Services in an Amount Not-To-Exceed $158,300”

4. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreements with The Friends of Chabot College and California State University East Bay Foundation Inc. for Program Management Services for the Tuition Assistance Program Each for a Total Additional Not-to-Exceed Amount of $200,000 CONS 23-623
Staff report submitted by Chief Economic Development Officer Nguyen, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-259, “Resolution Authorizing the City Manager to Execute Amendments to the Professional Services Agreements with the Friends of Chabot College and California State University East Bay Foundation Inc for Program Management Services for the Tuition Assistance Program Each for a Total Additional NotTo-Exceed Amount of $200,000 Through December 31, 2024”

5. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the Watkins Parking Garage Project No. 07204 in an Amount Not-to-Exceed $484,781 and Transfer and Appropriate $425,781 from the General Fund to the Facilities Capital Improvement Fund CONS 23-628 Staff report submitted by Maintenance Services Director Rullman, dated December 5, 2023, was filed.

It was moved by Council Member Bonilla Jr., seconded by Council Member Roche, and carried by the following roll call vote, to adopt the resolution. 6 | D e c e m b e r 5 , 202 3
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-260, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the City Hall Watkins Parking Garage Project No. 07204 in an Amount Not-To-Exceed $484,781 and Amending the FY 2024 Budget Resolution in Order to Appropriate and Transfer $425,781 from the General Fund to the Facilities Capital Improvement Project Fund”

6. Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Brown and Caldwell to Increase the Contract Amount by $8,023,117 to a Not-to-Exceed Amount of $16,672,828 for Final Design Services for the Water Pollution Control Facility (WPCF) Improvements Phase II Project No. 07760, and Authorize Use of Contingency Funds for Design of the Existing Final Clarifiers Retrofit CONS 23-648 Staff report submitted by Public Works Director Ameri, dated December 5, 2023, was filed.

In response to Council Member Roche’s inquiries, Public Works Director Ameri indicated staff had provided a written response, indicated the item was not presented to the Council Infrastructure Committee and the project costs resulted in a 12 percent increase in the estimated construction cost.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-261, “Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Brown and Caldwell to Increase the Contract Amount by Eight Million Twenty Three Thousand One Hundred Seventeen Dollars ($8,023,117) to a Notto-Exceed Amount of Sixteen Million Six Hundred Seventy Two Thousand Eight Hundred Twenty Eight Dollar ($16,672,828) for Final Design Services for the Water Pollution Control Facility (WPCF) Facility Improvements Phase II Project No. 07760, and

Authorize use of Contingency Funds for Design of the Existing Final Clarifiers Retrofit”

7. Adopt a Resolution Approving the Exclusive Negotiation Agreement with Montecito Development Company LLC for the Proposed Development of the California Air National Guard and Skywest Sites at the Hayward Executive Airport CONS 23-650 Staff report submitted by City Manager McAdoo, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-262, “Resolution of the City Council of the City of Hayward Authorizing the City Manager to Execute an Exclusive Negotiating Agreement Between the City of Hayward and
Montecito Development LLC for Proposed Developments at 1401 Golf Course Road (Skywest Property) and 1525 West Winton Avenue (California Air National Guard Site)”

8. Adopt a Resolution Approving a One-Year Extension of the Citywide Community Workforce Agreement with the Building and Construction Trades Council of Alameda County CONS 23-638
Staff report submitted by Public Works Director Ameri, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
8 | D e c e m b e r 5 , 202 3
Resolution 23-263, “Resolution Authorizing an Extension of the Existing Community Workforce Agreement with the Alameda County Building Trades Council to December 31, 2024”

9. Adopt a Resolution Approving an Updated Freeway Agreement with Caltrans Accommodating Changes Relating to the I-880/Whipple Road Industrial Parkway Interchange Improvement Project CONS 23-637
Staff report submitted by Public Works Director Ameri, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-264, “Resolution Approving an Updated Freeway Agreement with Caltrans Accommodating Changes Relating to the I-880 Whipple & Industrial Interchange Project”

10. Adopt a Resolution Approving Plans and Specifications and Call for Bids After Receiving Caltrans Authorization to Proceed with Construction for the Main Street Complete Street Project No. 05283 CONS 23-632
Staff report submitted by Public Works Director Ameri, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-265, “Resolution Approving Plans and
Specifications for the Main Street Complete Street Project, Project No. 05283 and Call for Bids”

11. Adopt a Resolution Authorizing Renaming the Water Pollution Control Facility (WPCF) to “Water Resource Recovery Facility (WRRF),” and New Laboratory Dedication CONS 23-649
Staff report submitted by Public Works Director Ameri, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-266, “Resolution Authorizing Renaming the WPCF to “Water Resource Recovery Facility (WRRF),” and Laboratory Dedication”

12. Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2024 Pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act CONS 23-644
Staff report submitted by Human Resources Director Frye, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-267, “Resolution Agreeing to Meet the Minimum Employer Contribution Toward Medical Cost as Set by California Public Employees Retirement System One Hundred Fifty-Seven Dollars ($157) Per Month for Calendar Year 2024”
10 | D e c e m b e r 5 , 202 3

13. Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the International Association of Firefighters, Local 1909, Hayward Fire Officers Association and Authorizing Staff to Execute the Agreement CONS 23-647 Staff report submitted by Human Resources Director Frye, dated December 5, 2023, was filed.

Council Member Syrop thanked the Hayward Fire Department for its continued service to the community.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-268, “Resolution Approving the Memoranda of Understanding Between the City of Hayward and International Association of Firefighters, Local 1909, Hayward Fire Officers Association and Authorizing Staff to Execute the Agreements”

14. Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Hayward Police Management Unit (HPMU) and Authorizing Staff to Execute the Agreement CONS 23-646
Staff report submitted by Human Resources Director Frye, dated December 5, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-269, “Resolution Approving the Memorandum of Understanding Between the City of Hayward and the Hayward Police Management Unit”

WORK SESSION

15. HEART Pilot Program: Implementation Updates Regarding the Hayward Evaluation and Response Team Program WS 23-045
Staff report submitted by Acting Chief of Police Matthews, dated December 5, 2023, was filed.

City Manager McAdoo introduced Community Services Division Manager Cole-Bloom who provided a synopsis of the staff report.

Mayor Salinas opened the public comment section at 9:41 p.m.

The following individuals expressed support for the Hayward Evaluation and Response Team (HEART) program.

Ro Aguilar suggested increasing the number of places, such as hotels and motels, where members of the unhoused population could get services.

TJ, Hayward Concerned Citizens member, suggested sharing more data about the Case Management and Mental Health Linkages Team (LINK) program and wondered if HEART was a gateway for individuals to have a guaranteed slot in Hayward shelters.

Tom Ferreira was concerned Hayward Police Department positions were used to fund part of the program and wondered where future funding would come from.

Mayor Salinas closed the public comment section at 9:47 p.m.

In response to questions raised by public members, staff indicated that permanent long-term funding solutions and options for the upcoming budget would be evaluated; homeless individuals still must meet eligibility requirements to be admitted at shelters; and hotel-motel projects required substantial operating contributions and instead staff pursued a scatter-site model which was smaller scale and more affordable.

Members of the City Council thanked City, Hayward Police Department & Hayward Fire Department staff for their work, community partners, and state legislators for their continued support of the program.

In response to questions posed by members of the City Council, City staff clarified the following points: the online HEART resource information could be found at www.haywardca.gov/HEART; the Vulnerable Needs Registry was a work in progress and the unmet needs list 12 | D e c e m b e r 5 , 202 3
and vulnerable populations list would be well incorporated into the ESO electronic health record platform; long-term funding would be required to help every unsheltered individual; the Navigation Center allows individuals meeting eligibility requirements to bring their pets with them and works in coordination with Animal Services; Council provided funding through ARPA allocations for a motel voucher program which was used for individuals in need of temporary shelter and waitlisted for the Navigation Center; there is ongoing data analysis to understand the current need for the HEART program; and there is a process for admitting eligible unhoused individuals into the Navigation Center or placing them on a waitlist and assessing the need for medical control and treatment.

Council Member Syrop reiterated the goal of the program was to make the reallocation of funds to sustain the HEART program permanent, supported moving away from pilot to a permanent project, and added the program is of benefit to the community and should be essential in the budget and not be at risk of being chronically underfunded.

Council Member Goldstein favored the permanent funding of the HEART program and noted that data integration was important to streamline operations and report on successes.

Council Member Andrews suggested exploring how to formally make the HEART program available 24 hours to meet the need for mental health services and for Alameda County to identify locations to make appropriate referrals; and favored adding funds to the budget for the motel voucher program to provide temporary shelter until a permanent funding source becomes available.

Council Member Bonilla Jr. supported expanding the HEART program beyond Monday through Friday, encouraged being deliberate when expanding the program, and supported prioritizing more sustainable ongoing funding when having a budget discussion to support the community resource.

Council Member Roche was interested in looking at long-term models and what could be done to expand hours for the HEART program.

Council Member Zermeño favored a 24/7 program, and suggested working with state representatives and county partners to find more stable funding, Mayor Salinas stated that the HEART program reflected an interdepartmental effort which involved Fire, Police, the Youth and Family Services Bureau, and social workers.

PUBLIC HEARING

16. Spectator Ordinance Modifications: Introduction of an Ordinance Amending Chapter 4, Article 12 of the Hayward Municipal Code Relating to Spectators at Illegal Speed Contests and Exhibitions of Speed to Include Sideshows PH 23-048 Staff report submitted by Acting Police Chief Matthews, dated December 5, 2023, was filed.

Acting Police Chief Matthews provided a synopsis of the staff report.

In response to questions posed by members of the City Council, Acting Police Chief Matthews clarified the following points: the proposed modifications to the ordinance were specific to spectators and not individuals engaging in reckless driving; and cases of curious bystanders would be handled on a case-by-case basis and by having conversations with officers.

There being no public comments, Mayor Salinas opened and closed the public hearing at 10:20 p.m.

Council Member Zermeño noted the proposed ordinance modifications strengthened the desire to improve safety for residents; and made a motion to move the item.

Council Member Goldstein seconded the motion.

Council Member Syrop noted he would be supporting the motion, clarified his position that sideshows do not belong in residential neighborhoods, and maintained that sideshows were cultural events that should be regulated and respected as they brought tourists to Hayward and could boost the local economy.

Mayor Salinas shared an incident about a man who had been shot during a sideshow incident on Fourth of July while he was on his way to buy a sandwich, underscored that the proposed ordinance was substantive to neighborhoods, and noted he would be supporting the motion.

It was moved by Council Member Zermeño, seconded by Council Member Goldstein, and carried by the following roll call vote, to approve the introduction of the ordinance.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Introduction of Ordinance 23-_, “Ordinance of the City of Hayward, California Amending Chapter 4, Article 12 of the Hayward Municipal Code Regarding Spectators at Illegal Speed Contests and Exhibitions of Speed”
14 | D e c e m b e r 5 , 202 3

LEGISLATIVE BUSINESS

17. Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2024 LB 23-044
Staff report submitted by City Clerk Lens, dated December 5, 2023, was filed.

City Clerk Lens provided a synopsis of the staff report.

There being no public comments, Mayor Salinas opened and closed the public hearing at 10:40 p.m.

Mayor Salinas acknowledged Council Member Andrews for her service as Mayor Pro Tempore.

Council Member Andrews thanked Mayor Salinas and her colleagues for the opportunity to serve, wished Council Member Zermeño a good transition, and made a motion to select Council Member Zermeño as the Mayor Pro Tempore for 2024.

Council Member Syrop seconded the motion.

Council Member Roche thanked the Mayor and Mayor Pro Tempore for their work and congratulated soon-to-be Mayor Pro Tempore Zermeño.

Council Member Zermeño thanked Council Member Andrews for a job well done.

It was moved by Council Member Andrews, seconded by Council Member Syrop, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-270,“Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2024”

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Goldstein shared that the Airport Holiday celebration would be held on December 6, 2023.

Council Member Zermeño requested staff provide a report to Council on compliance and any violations of the street vendor ordinance.

Council Member Bonilla Jr. inquired about the next steps in the process of public and Council comments related to the cease-fire in Gaza. City Manager McAdoo and City Attorney Lawson stated the mechanism to provide direction would be via a Council referral to modify the Handbook/1977 resolution which prohibits Council from taking policies on federal and international affairs.

Council Member Syrop indicated he was under the incorrect impression that Council members could make a motion to agendize an item, noting this process had been superseded by Council referrals.

Mayor Salinas thanked staff and all those involved in the Light Up the Season event, underscoring the past weekend was a great way to kick off the holidays in downtown Hayward.

Council Member Andrews acknowledged Phavia Marie Victoria Mapp, who had performed at the 2022 Juneteenth event in honor of Sophia Mason and had passed away recently.

ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 10:57 p.m.

APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-006
DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on December 12, 2023

RECOMMENDATION
That the Council approves the Special City Council meeting minutes of December 12, 2023.

SUMMARY
The City Council held a special meeting on December 12, 2023.

ATTACHMENTS
Attachment I Draft Minutes of 12/12/2023
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
powered by Legistar™

The Special City Council meeting was called to order by Mayor Salinas at 5:30 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Goldstein

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

Absent: None

CLOSED SESSION ANNOUNCEMENTS
The City Council convened in closed session on December 12, 2023, at 4:00 p.m., with all members present and no public speakers, regarding three items: 1) conference with legal counsel pursuant to Government Code section 54957 (a) to discuss matters posing a threat to the security of essential public services; 2) conference with legal counsel pursuant to Government Code section 54956.9 (a) regarding Poulsen, Thor v. City of Hayward, Claim No. 202000029HAY Workers’ Compensation Appeals Board Case No. ADJ12642990; and 3) conference with legal counsel pursuant to Government Code section 54956.9 (d)(1) and 54956.9 (e)(2) regarding Chaplin/City of Hayward Workers’ Compensation Appeals Board Case No. 2296000195. City Attorney Lawson indicated the Council discussed all three items and gave direction to staff but otherwise took no reportable action. The closed session adjourned at 5:10 p.m.

PRESENTATION
Mayor Salinas read a proclamation declaring July 22, 2023, as National Arbor Day in the City of Hayward. The Arbor Day Proclamation was presented to HARD Director Sara Lamnin.

PUBLIC COMMENTS
Arieana Castellanos, Hayward resident, urged the Council to amend its policy on international matters to allow them to pass a resolution for the ceasefire in Gaza, and review its investment policy.

Alejandro Jasso, Bike East Bay vice chair and Bike Hayward president, shared concern about the realignment of the East Bay Greenway project between Hayward and South Hayward BART stations and lack of public outreach; and urged the City to preserve the 2022 proposed alignment along Mission Boulevard as noted in the petition.

Carlos Gutierrez, Golden Gate Boys Choir board member, shared the Board’s disappointment that the invitation for the choir to perform at the opening of the Mt. Eden Mansion was 2 | D e c e m b e r 1 2 , 202 3
rescinded because the City did not approve the music selection which included winter and secular songs.

Bishop Robert Lopez, Eden Area Interfaith Council (EAIC) outgoing president, spoke about the Council’s formation and how it sponsors community education forums about different faiths.

Stephanie Spencer, EAIC member, stated that in response to the community outcry regarding the conflict in the Middle East, the EAIC was offering its network and experience to engage with faith communities of various ethnic backgrounds.

Julie Greenfield distributed a letter for the record on behalf of EAIC Board of Directors.

Sara Lamnin, EAIC member, stated she was working with faith groups on a consensus statement that could be delivered to federal legislators; and shared that a candlelight vigil would be held next week for an interfaith solidarity community service project helping support South Hayward Parish.

Al Mendall, former Hayward Council Member, expressed that while the situation in the Middle East was tragic, the sad reality was that there is no resolution, referral, or action the Council could take to save lives there and emphasized the Council’s job was to work on issues locally to save lives in Hayward.

CITY MANGAGER’S COMMENTS
City Manager McAdoo spoke about the programs the Hayward Public Library had launched in support of senior residents; thanked the Hayward Police Department for their outstanding charitable work collecting toys for its annual drive; and acknowledged staff and community members for the additional charitable work through the Hayward Fire Department and the Adopt-a-Family program.

Mayor Salinas announced the order of items on the agenda would change to ensure certain consent items and the public hearing were heard at or after 7:00 p.m. per legal noticing requirements.

LEGISLATIVE BUSINESS

16. Palace Poker Casino: Transfer of Partial Ownership of the Palace Poker Casino Per the Hayward Card Club Regulations Located at 22821 Mission Boulevard (APN 428-0081- 033-00) and Finding that the Project is Statutorily Exempt from the California Environmental Quality Act, Catherine Aganon and Pamela Roberts (Owners and Applicants) LB 23-046
Staff report submitted by Development Services Director Buizer, dated December 12, 2023, was filed.

Mayor Salinas announced the Legislative Business item, indicated the Council would forego staff’s oral report and Development Services Director Buizer would be available to address questions.

In response to Council Member Roche’s inquiry as to what would occur with the issuance of the transfer if Kaitlynn Roberts did not pass the extensive background check, Development Services Director Buizer indicated the partial ownership would not transfer.

There being no public comments, Mayor Salinas opened and closed the public hearing at 5:58 p.m.

City Manager McAdoo noted that Ms. Kaitlynn Roberts was available via Zoom to address any questions.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-285, “Resolution Finding the Project Exempt from CEQA Review and Approving the Partial Ownership Transfer Per the City’s Card Club Regulations Associated with the Palace Poker Casino Located at 22821 Mission Boulevard”

17. Public Safety Committee: Adopt a Resolution Establishing the Council Public Safety Committee, Dissolving the Police Department Community Advisory Panel, and Consolidating the Council Airport Committee with the Council Infrastructure Committee LB 23-045
Staff report submitted by City Manager McAdoo, dated December 12, 2023, was filed.

City Manager McAdoo provided a synopsis of the staff report.

Discussion ensued among members of the City Council and City staff and the following points were clarified: the AB 481 annual report (Military Equipment Use Policy) will be heard by the Council Public Safety Committee (CPSC) and then presented to the Council; the description of the CPSC’s scope could be proposed at the first committee meeting; the Council’s role in 4 | D e c e m b e r 1 2 , 202 3
an emergency is a topic that would be discussed by the CPSC; the Skywest item would remain on the agenda; and the Community Advisory Panel (CAP) wants to ensure there is community input including outreach and posting of information.

Council Member Syrop suggested that items related to airport ground leases be placed under the consent section of the Council Infrastructure Committee agenda to give tenants/users of the airport the opportunity to discuss.

Council Member Roche suggested having a standing section on the CPSC agenda for the Police/Fire Chief to report on emergent issues regarding crime or residential/business break-in incidents.

Council Member Bonilla Jr. recommended that CPSC meetings be held bimonthly rather than on a quarterly basis.

Council Member Andrews suggested that items, such as crime by urban design, be heard by the CPSC and upon request also presented to the Council Infrastructure Committee (CIC) depending on the project.

Mayor Salinas opened the public hearing at 6:10 p.m.

TJ, Hayward Concerned Citizens’ member, agreed with using the CPSC forum for emergent matters, hoped items such as converter thefts would be addressed by the CPSC, and stated she wanted to see open-minded members appointed to the CPSC.

Mayor Salinas closed the public hearing at 6:12 p.m.

Members of the City Council thanked City staff for the work on preparing the report, acknowledged Council Member Bonilla Jr., for championing the idea around the CPSC, and thanked the Community Services Committee for its advocacy.

Council Member Syrop shared that there may be comments from a CAP member in review of the CPSC, expressed he would be supportive of the new committee meeting bimonthly if there were sufficient agenda items to be addressed and suggested exercising flexibility with the meeting frequency based on need.

Council Member Andrews noted that while she remained concerned about some voices being lost with the proposed change, she hoped meetings would include hefty public comments and tracked appropriately; was concerned about combining the Council Airport Committee (CAC) and CIC given certain pending items such as Skywest; appreciated review of existing committees to minimize overload; noted that reducing crime by design should remain a City priority; should the CPSC be formed, suggested agenda items such as regional updates on human trafficking, catalytic converter thefts, making HEART available 24 hours, and having community service officers in the downtown to improve safety.

Council Member Bonilla Jr. thanked his colleagues for their support in developing the CPSC and Council Member Syrop’s support for the CPSC holding bimonthly meetings, appreciated the transparency that will be provided to the community, encouraged community members

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, December 12, 2023, 7:00 p.m.
to contact the City on what they would like the committee to do, agreed with having standing updates from the Police Chief and Fire Chief to address emergent issues, noted that combining the CAC and CIC made sense as both committees were under the leadership of the Public Works Director, and made a motion to move the item.

Council Member Syrop seconded the motion.

Council Member Zermeño supported the formation of the CPSC and bimonthly meetings as there were many matters to be addressed related to public safety, did not favor dissolving the CAC due to plans for the Hayward Executive Airport such as international flights in and out of the airport, aviation classes for Chabot College and ROP students, and suggested either dissolving the Housing-Homelessness Task Force as issues related to homelessness and housing had been resolved or waiting until February 2024 to bring about the dissolution of the CAC.

Council Member Roche commented that a CPSC should have been created a long time ago; added the proposed committee was a great forum to focus on public safety topics and emerging trend topics among others; noted the committee would satisfy a need in the City for public transparency with meeting videos available for review; understood the concerns about combining the CAC and CIC and indicated that increasing the meeting frequency from quarterly to bimonthly would increase capacity to take on topics related to the executive airport.

City Manager McAdoo suggested that one compromise could be renaming the committee to Council Infrastructure and Airport Committee to acknowledge the executive airport as an important part of the committee.

Council Member Goldstein noted the proposed CPSC would be a benefit to the community enabling direct interaction with elected representatives on issues of public safety; and supported having a section on the agenda dedicated to emergent issues as well as for the list of recommended items.

Mayor Salinas stated he was in favor of the recommendation and changing the frequency of meetings to bimonthly; supported renaming the committee to Council Infrastructure and Airport Committee to preserve the integrity of both committees and agreed there was economic development planned around the airport; noted that through the Hayward Neighborhood Alert Program, community members had opportunities to engage with the police department and the City in a formal way; and mentioned that neighborhood issues and crime could be tackled through neighborhood activities and by engaging with one another.
6 | D e c e m b e r 1 2 , 202 3
It was moved by Council Member Bonilla Jr. seconded by Council Member Syrop, with two amendments: 1) setting the frequency of meetings to bimonthly and 2) changing the name of the consolidated committee to Council Infrastructure and Airport Committee; and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-286, “Resolution to Establish the Council Public Safety Committee, Dissolve the Police Department Community Advisory Panel, and Consolidate the Council Airport Committee with the Council Infrastructure Committee”

18. FY 2024 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2024 LB 23-047 Staff report submitted by Human Resources Director Frye, dated December 12, 2023, was filed.

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

There being no public comments, Mayor Salinas opened and closed the public hearing at 6:34 p.m.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-287, “Resolution Approving the Amended Fiscal Year 2024 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding Resolution No. 23-252 and All Amendments Thereto”

COUNCIL REFERRAL

19. City Council Referral: Recreational Vehicle (RV) Parking in Hayward RPT 23-117 At the request of Council Member Goldstein and Council Member Roche, the item was pulled from the agenda and discussion tabled until the Council’s Strategic Roadmap retreat in February.

20. City Council Referral: City of Hayward Funding and Support for St. Rose Hospital RPT 23- 126
Council referral submitted by Mayor Salinas and Council Member Bonilla Jr., dated December 12, 2023, was filed.

City Manager McAdoo indicated that if Council directed staff to move forward with the request which was to potentially find $250,000 to $500,000 of annual ongoing funding to support operations at St. Rose Hospital, then staff would come back at the Midyear budget with a proposal.

In response to Council Member Roche’s inquiry about a funding source, City Manager McAdoo responded that funds could potentially come from Measure C as a public safety and emergency response item and noted this was a new request.

In response to Council Member Andrews’ inquiry about metrics, Mayor Salinas indicated the plan would include metrics on how the money would be spent and the goals achieved.

Mayor Salinas stated that St. Rose Hospital was an important part of the healthcare system throughout the region serving some of the lowest income and indigent patients and had not received its share of entitlements through the county; and noted there was change in leadership at the county level and was hopeful the City could support the mission of the hospital in partnership with the county.

Council Member Andrews suggested, if funding was provided to St. Rose Hospital, that staff explore a partnership between the hospital and the Hayward Evaluation and Response Team (HEART) program, and research USC Keck School of Medicine’s program as an example of how this could be accomplished; and asked staff to research if other cities were providing funding to hospitals.

Council Member Bonilla Jr. echoed Mayor Salinas’ sentiments with the referral underscoring that St. Rose Hospital was an important safety net hospital in the community; noted the referral sought for staff to bring back options to provide $250,000 to $500,000 in ongoing 8 | D e c e m b e r 1 2 , 202 3
funding to support critical services and to work with Alameda County Health Care Services Agency staff to maximize the benefit of the services; while he appreciated Council Member Andrews suggestions, he did not support St. Rose Hospital taking on more services as the hospital had enough trying to maintain critical services; and noted he would support any additional funding outside of the referral.

Council Member Syrop supported the referral stating it was an outstanding example of what public safety means as it relates to a holistic view of a community’s health; and commented that when a community hospital closes it leads to extreme costs downstream to individuals, families, the government, and taxpayers and has an impact on other emergency services such as police and fire.

Council Member Zermeño noted the referral was important for the community and as a longterm member of the St. Rose Hospital Foundation he supported the referral.

Council Member Goldstein noted that St. Rose Hospital was the only hospital serving the indigent community within fifteen miles; underscored the number of lives saved by emergency care; and emphasized that it was a priority to keep St. Rose working as the hospital was a benefit to the community.

Council Member Roche understood that St. Rose Hospital was an important infrastructure in the community; and favored the City doing its part to contribute to the service and allowing the hospital to leverage funding with the county for further grants.

Mayor Salinas opened the public comment period at 6:51 p.m.

Ms. Karen Moore, Hayward resident, appreciated that Council members were respectful to one another, and urged that more research be done to understand what is going on with the healthcare system.

Susan, Hayward Concerned Citizens member, expressed that while she was not opposed to the City granting funding to support St. Rose Hospital, she shared that Kaiser Hospital donated fourteen million dollars to the hospital when it left Hayward.

Mayor Salinas closed the public comment period at 6:54 p.m.

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

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

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews thanked those who attended the Holiday Party/Toy Drive on December 7, 2023, and Supervisor Márquez and Council Member Roche for their collaboration and Council Member Bonilla Jr. for his help; and shared that toys, baby items, and canned goods were donated to local organizations.

Mayor Salinas noted that December 13 would mark his one-year anniversary serving as Hayward’s Mayor; and expressed gratitude to everyone in the city for their support and words of encouragement.

Council Member Bonilla Jr. thanked Council Member Andrews, Council Member Roche and Supervisor Márquez for the Holiday Party/Toy Drive they hosted on December 7, 2023, which demonstrated their commitment to the community especially during the holidays.

Council Member Syrop expressed his gratitude to staff for organizing the Commission and Task Force Member Reception on December 8, 2023, and thanked the members for attending the event and doing great work.

CONSENT
Consent Item No. 9 was removed from the Consent Calendar for clarification and Consent Items 11 through 14 for comment.

1. Adopt a Resolution Accepting Transmittal of the Annual Mitigation Fee Act Report (AB1600) CONS 23-651
Staff report submitted by Finance Director Gonzales, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
10 | D e c e m b e r 1 2 , 202 3
Resolution 23-271, “Resolution Accepting the Report and Adopting Findings Related to Fees Collected for the Development Projects Subject to the Requirements of the Mitigation Fee Act”

2. Adopt a Resolution Authorizing the Purchase of Two Plunger Valves from Core & Main LP in an Amount Not-to-Exceed $155,850 as part of the 250-Foot Zone for Pressure Reducing Strategy at Decoto Pump Station Project No. 07074 CONS 23-652 Staff report submitted by Public Works Director Ameri, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-272, “Resolution Authorizing the City Manager to Execute the Purchase of Two Plunger Valves from Core & Main LP in an Amount Not-to-Exceed $155,850 as Part of the 250-Foot Zone for Pressure Reducing Strategy at Decoto Pump Station Project No. 07074”

3. Adopt a Resolution Authorizing the City Manager to Apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Pollution Control Facility (WPCF) Improvements – Phase II Project No. 07760 CONS 23-654
Staff report submitted by Public Works Director Ameri, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 23-273, “Resolution Authorizing the City Manager to Apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Pollution Control Facility (WPCF) Improvements – Phase II Project No. 07760”

4. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $515,000 in Awarded Transportation Fund for Clean Air Funding from the Alameda County Transportation Commission for the Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project for Construction of Traffic Signal Infrastructure and Implementation of Adaptive Signal Timing CONS 23-657
Staff report submitted by Public Works Director Ameri, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-274, “Resolution Authorizing the City Manager to Accept Funds from the Alameda County Transportation
Commission for Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project for Construction of Traffic Signal Infrastructure and Implementation of Adaptive Signal Timing”

5. Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Hayward Police Department Locker Room Building Project No. 06926 CONS 23-659 Staff report submitted by Public Works Director Ameri, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution. 12 | D e c e m b e r 1 2 , 202 3
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-275, “Resolution Approving the Plans and
Specifications and Call for Bids for the Hayward Police Department Locker Room Building, Project No. 06926”

6. Adopt a Resolution Authorizing the City Manager to Appropriate Additional Funds in the Amount of $120,000 from Transportation System Improvement - Fund 460 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737 CONS 23-670 Staff report submitted by Public Works Director Ameri, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-276, “Resolution Authorizing the City Manager to Appropriate $120,000 from Transportation System Improvement (Fund 460) to the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737”

7. Adopt a Resolution Approving Addendum Nos. 1,2,3 and 4, Rejecting the Bid from CWS Construction Group, Inc. and Awarding a Construction Contract to Rodan Builders, Inc., for The Stack Center - Phase I Project, Project No. 06960, in the Amount of $8,699,000 and Authorizing an Administrative Change Order Budget of $871,000 CONS 23-672 Staff report submitted by Public Works Director Ameri, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-277, “Resolution Approving Addendum Nos. 1,2,3 and 4, Rejecting the Bid from CWS Construction Group, Inc. and Awarding Construction Contract to Rodan Builders Inc. for The Stack Center – Phase I Project, Project No. 06960 in the Amount of 8,699,000 and Authorizing an Administrative Change Order Budget of $871,000”

8. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with LookingPoint for Implementation of Network Refresh in an Amount Not-to-Exceed $2,340,126 CONS 23-660
Staff report submitted by CIO/Information Technology Director Kostrzak, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-278, “Resolution of the City Council of the City of Hayward Authorizing the City Manager to Negotiate and Execute an Agreement between the City of Hayward and LookingPoint for Network Refresh”

9. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Clifford Moss in an Amount Not-to-Exceed $90,000 Plus Direct Communications Expenses Estimated at $155,000 and with Fairbank, Maslin, Maullin, Metz & Associates (FM3) in an Amount Not-to-Exceed $45,750 for Education and Outreach Services Relating to a Potential Early Extension of the ½ cent Local District Sales Tax and Appropriating Funds for these Agreements CONS 23-675 14 | D e c e m b e r 1 2 , 202 3
Staff report submitted by City Manager McAdoo, dated December 12, 2023, was filed.

Mayor Salinas opened the public comment period at 7:08 p.m.

TJ, Hayward Concerned Citizens (HCC) member, requested staff help the general public better understand the intended purpose of the item; noted that taxpayer dollars could have been used to fund unfinished projects such as the Stack Center; did not agree with spending money on consultants and surveys; and asked staff to explain why $290,750 would be used for items not intended with Measure C funds.

Susan G, HCC member, asked why the City would pay ahead of time for a survey prior to passing Measure C; stated that given the state of the economy it was uncertain that Measure C would pass; and cautioned against engaging with more consultants prior to knowing that there will be access to Measure C funds.

Suzanne Luther, HCC member, was confused if the proposed survey was about how to use the already approved Measure C funds for the next ten years or what residents would be interested in seeing if Measure C was extended ten years out; and stated that residents had already provided input on what they want Measure C funds used for.

Peggy Guernsey noted the City was looking to extend a ½ cent sales tax while it already had the highest sales tax in the county; urged the City to use sales tax generated from car dealerships; and was opposed to spending funds on a consultant.

Tom Ferreira stated that Measure C funds did not provide for any new police equipment nor a new a police building; commented that a proposed extension of Measure C would most likely be used to complete the future Stack Center; requested that public safety be prioritized with Measure C funds; and noted that Supervisor Márquez gave St. Rose Hospital $5 million, and wondered if Measure C funds would go into effect after this is used.

Mayor Salinas closed the public comment period at 6:16 p.m.

City Manager McAdoo clarified the proposed contract was to explore the potential to extend Measure C for an additional thirty years which would allow the City the debt capacity to build the new police building and public safety center; highlighted that Consent Item 5 related to the police department locker room project was an $8 million project funded by current Measure C funds; noted that $1 million had been spent to replace the roofs at the current police building, and that these projects were being done to make the facility livable until at least $100 million could be identified to build a new building; and added that a number of police positions had been hired and police equipment purchased using Measure C funds.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-279, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Clifford Moss in an Amount Not to Exceed $90,000 Plus Direct Communications Expenses Estimated at $155,000 and Fairbank, Maslin, Maullin, Metz & Associates (Fm3) in an Amount Not-to-Exceed $45,750 for Services Relating to a Potential Early Extension of the Half Cent Local District Sales Tax; to Authorize and Appropriate Funds for These Contracts”

10. Adopt an Ordinance Amending Chapter 4, Article 12 of the Hayward Municipal Code Regarding Spectators at Illegal Speed Contests and Exhibitions of Speed CONS 23-665 Staff report submitted by City Clerk Lens, dated December 12, 2023, was filed.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the ordinance.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance 23-09, “Ordinance of the City of Hayward, California Amending Chapter 4, Article 12 of the Hayward Municipal Code Regarding Spectators at Illegal Speed Contests and Exhibitions of Speed”

11. Adopt a Resolution Accepting the Resignation of Commissioner Artavia Berry from the Community Services Commission, Effective Immediately CONS 23-668 16 | D e c e m b e r 1 2 , 202 3
Staff report submitted by City Clerk Lens, dated December 12, 2023, was filed.

Members of the City Council thanked Commissioner Berry for her service to the City through the Community Services Commission, acknowledged her work around public safety and social justice, and commended her on her appointment to the Alameda County Task Force for Reparations.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-280, “Resolution Accepting the Resignation of Artavia Berry from the Community Services Commission”

12. Adopt a Resolution Appointing Hoang Dao to the Community Services Commission to Fill the Unexpired Term of Artavia Berry CONS 23-669
Staff report submitted by City Clerk Lens, dated December 12, 2023, was filed.

Members of the City Council congratulated Hoang Dao on his appointment to the Community Services Commission and welcomed him.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-281, “Resolution Appointing Hoang Dao to the Community Services Commission to Fill the Unexpired Term of Artavia Berry”

13. Adopt a Resolution Accepting the Resignation of Commissioner Arti Garg from the Planning Commission Effective Immediately CONS 23-677

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

Members of the City Council thanked Commissioner Garg for her commitment to the City through her service on the Keep Hayward Clean and Green Task Force, Community Services Commission and Planning Commission; acknowledged her work which included policies on sustainability, initiatives around the Yard Contest, and racial justice; and hoped there would be a role for her in the future.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-282, “Resolution Accepting the Resignation of Arti Garg from the Planning Commission”

14. Adopt a Resolution Appointing Ron Meyers to the Planning Commission to Fill the Unexpired Term of Arti Garg CONS 23-676
Staff report submitted by City Clerk Lens, dated December 12, 2023, was filed.

Members of the City Council congratulated Ron Meyers on his appointment to the Planning Commission and welcomed him to his new role.

Mayor Salinas opened the public comment period at 7:06 p.m.

TJ with Hayward Concerned Citizens spoke highly of Ron Meyers and congratulated him on his appointment to the Planning Commission.

Mayor Salinas closed the public comment period at 7:08 p.m.

It was moved by Council MemberGoldstein, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution. 18 | D e c e m b e r 1 2 , 202 3
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-283, “Resolution Appointing Ron Meyers to the Planning Commission to Fill the Unexpired Term of Arti Garg”

PUBLIC HEARING

15. Hayward Residential Design Study: Consideration of Proposed Text Amendments to Hayward Municipal Code Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code); Zoning Map Amendments; and Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act PH 23-049
Staff report submitted by Development Services Director Buizer, dated December 12, 2023, was filed.

Mayor Salinas announced the Public Hearing item, indicated the Council would forego staff’s oral report and Development Services Director Buizer would be available to address questions.

Discussion ensued among members of the City Council, Senior Planner Blanton and Associate Planner Richard and the following points were clarified and recommendations offered:
according to the Transportation Demand Management (TDM) point system, the project site could have a reduction in parking requirements in exchange for items such as a bike facility, and staff could potentially add to this list a shared offsite parking agreement allowing spillover parking for residents during certain hours; points could be given for community rooms but these would go towards open space; consider noise mitigation for a pickleball amenity associated with points; dog waste bag dispensers were amenities associated with points; unbundled parking meant separating the cost of parking from housing and per new state law, all new rental developments with sixteen or more units must unbundle their parking for new construction beginning in 2025; new standards indicate that a higher density development next to lower density development require additional trees and buffers; the development community had clarity about the point system and appreciated the tables and written standards and it was suggested that staff might want to upload the presentation to the website for informational purposes; the Planning Commission’s concern was addressed by modifying the Mission Boulevard Façade Design table related to points for public art by requiring any public art to be approved through the City’s established Mural Art Program; staff recommended requiring households above 3,000 square feet gross floor

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, December 12, 2023, 7:00 p.m.
area to have additional parking; side and rear yard fence height was proposed to increase from six feet to seven feet tall for residential properties; disputes about shared fences were a private property matter; related to bicycle infrastructure, TDM measures were changed to a point system and a residential development may be allowed to reduce the parking requirement by five percent if it achieved a total of 15 points which included a publicly accessible Class IV bicycle facility or a Class I bicycle facility and a 50 percent increase in long-term bicycle storage above Cal Green requirements; and public art at the library was a part of the capital planning process for that facility.

Council Member Roche appreciated reducing points for passive options of Transportation Demand Management (TDM) and increasing points for real solutions promoting disuse of vehicle.

Council Member Goldstein appreciated the approach to unbundling, mailbox safety, open space points, TDM program, and making the Hayward Residential Design Study available online.

Mayor Salinas opened the public hearing at 7:40 p.m.

Karen Moore, Hayward resident, challenged the City to find better solutions for affordable housing; and noted that taller fences, allowing ADUs and reducing parking will not solve the housing problem.

Mayor Salinas closed the public hearing at 7:43 p.m.

Members of the City Council thanked staff for the report and the extensive public outreach.

Council Member Andrews appreciated the proposed regulation related to mailboxes being required to be located within secure areas to resolve the issue of mail theft; expressed disappointment to hear the Planning Commission did not support points for public art and was inclined to revisit public art during the next Strategic Roadmap; expressed the point system was unique to Hayward and easy for individuals to follow; and hoped to see more developments at the Economic Development Committee address these items.

Council Member Syrop agreed with comments about enclosed mailboxes and noted these were essential and hoped that developers would accommodate quickly; recommended the City consider a more ambitious stance on rezoning some of the lower density areas and hoped to continue the conversation at the next Strategic Roadmap planning; and made a motion to approve the item.

Council Member Andrews seconded the motion.

Council Member Bonilla Jr. expressed the proposed was a responsive set of recommendations that were objective, intentional, and included extensive community 20 | D e c e m b e r 1 2 , 202 3
outreach and captured all the feedback provided; thanked the Planning Commission, community, and staff; and spoke favorably of the information presented on the webpage for the Hayward Residential Design Study.

Council Member Roche stated that the plan tried to find a balance between providing local input in how the City is building in Hayward and responding to state laws (SB9, SB35, SB330) that provided guidance and the state’s priority of building affordable housing to meet RHNA (Regional Housing Needs Allocation) numbers.

Council Member Zermeño commended staff for their excellent work.

Mayor Salinas shared that the process had been long and thanked staff for their work and patience.

It was moved by Council MemberSyrop, seconded by Council Member Andrews, and carried by the following roll call vote, to adopt the resolution and introduce the ordinance.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-284, “Resolution to Adopt Zoning Map and Text Amendments to Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code) of the Hayward Municipal Code Related to the Hayward Residential Design Study”
Ordinance 23-09 “Ordinance Amending the Zoning Map and
Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code) and Article 28 (Downtown Development Code) of the Hayward
Municipal Code Associated with the Hayward Residential Design Study”

ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 8:28 p.m. in memory of Ms. Jodie Gordon, acknowledging her work with the Hayward Neighborhood Alert Program.

Council Member Zermeño shared that Ms. Jodie Gordon worked at St. Rose Hospital, contributed to the Southgate community, taught at Cal State Hayward, served on the City’s

Human Services Commission for eight years, joined the Martin Luther King Committee, and joined the Sun Gallery and Hayward Arts Council.

Mayor Salinas wished everyone happy holidays, a happy new year, and a safe holiday season.

APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-007
DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency Board/Hayward Economic Development Corporation Board Meeting on January 8, 2024

RECOMMENDATION
That the Council approves the Special Joint City Council/Hayward Redevelopment Successor Agency Board/Hayward Economic Development Corporation Board meeting minutes of January 8, 2024.

SUMMARY
The City Council/ Hayward Redevelopment Successor Agency Board/Hayward Economic Development Corporation Board held a meeting on January 8, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 1/8/2024
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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SPECIAL JOINT CITY COUNCIL/HAYWARD REDEVELOPMENT SUCCESSOR AGENCY

BOARD/HAYWARD ECONOMIC DEVELOPMENT CORPORATION BOARD MEETING 777 B Street, Hayward, CA 94541
Conference Room 2A and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Monday, January 8, 2024, 6:20 p.m.

The Special Joint City Council/Hayward Redevelopment Successor Agency (HRSA) Board/Hayward Economic Development Corporation (HEDC) Board of Directors meeting was called to order by Mayor/HRSA/HEDC ChairSalinas at 6:20 p.m. The City Council/HRSA/HEDC Board of Directors held a hybrid meeting in Conference Room 2A and virtually via Zoom.

Pledge of Allegiance: Mayor/HRSA Chair/HEDC Chair Salinas

ROLL CALL

Present: COUNCIL MEMBERS/HRSA/HEDC BOARD OF DIRECTORS Andrews, Goldstein, Roche, Syrop, Zermeño
MAYOR/HRSA/HEDC CHAIR Salinas

Absent: COUNCIL MEMBER/HRSA/HEDC BOARD DIRECTOR Bonilla Jr.

Mayor/HRSA/HEDC Chair Salinas announced that Council Member/HRSA/HEDC Board Director Bonilla Jr. was on a business trip and had intended to join the meeting via teleconference participation pursuant to AB 2449 as noticed on the agenda; however, due to challenges with the hotel, his participation was not feasible and therefore he would not be able to participate in the meeting.

PUBLIC COMMENTS
There were none.

CONSENT

1. Adopt Resolutions Pertaining to: City of Hayward Authorizing Conveyance of Funds to the Hayward Economic Development Corporation (Corporation); Hayward RedevelopmentSuccessor Agency Approving the Conveyance Agreement and Consenting to the Transfer of the Property Located at 22631-228522 Foothill Blvd., and the Assignment of the Seller's Rights, Duties, and Obligations to the Corporation; and Corporation Approving the Conveyance Agreement and Assignment of Enforceable Obligations; and Finding the Action is Exempt from CEQA Review CONS 24-014 Staff report submitted by Assistant City Manager Claussen, dated January 8, 2024, was filed.

City Manager McAdoo provided a synopsis of the staff report and Assistant City Manager Claussen reviewed details of the transaction.
2 | J a n u a r y 8 , 2 0 2 4
Discussion ensued among members of the City Council, City Manager McAdoo, Finance Director Claussen, and Deputy City Attorney Sidelnikov and the following points were clarified:

The duty of the Hayward Redevelopment Successor Agency (Successor Agency) is to wind down the affairs of the former Redevelopment Agency including disposing of assets, and by consenting to the transfer, the Hayward Economic Development Corporation (Corporation) would own the leaseholds; at the end of the ground lease, the Successor Agency transfers the ownership of the land to the City at no cost and the Corporation continues to own the building; according to the Property Disposition Plan, the City could dispose of the land to a developer at fair market value with proceeds distributed to various taxing entities, the City could retain the land for its own use but would have to pay for fair market value to the taxing entities for the land, or the City could keep part of the property and dispose of another part; City staff could serve as both staff to the Corporation and the City, and the Corporation would issue the RFP and potentially contract with a consultant; the benefit of acquiring the leasehold interest gives the City the ability to have some control and incentivize bringing in a new business to downtown; the proposed transfer would be subject to approval rights of the Countywide Oversight Board and the State Department of Finance; there was a concern about spending $8.6 million from the City’s General Fund and the repayment taking several budget cycles; $8 million would not be enough to close the gap on unfinished projects such as the Stack Center or La Vista Park and there would be revenue returning from the $8.6 million investment; the proposed transaction would not be an expense but a loan issued and the goal was to achieve a balanced mid-year budget; the City could get into an agreement with Cinemark Century for three years to provide stability; the Economic Development team could explore working with local restaurants to generate more sales tax in order to raise more revenue; coworking space could help occupy empty storefronts in the interim and help support businesses in the downtown; the goal with the consultant was to review a long-term strategic assessment of the theater to improve patronage; if the market plummeted, staff could come up with a proposal for another development for the site; and since the Corporation would own the building, the Corporation’s staff could hold tenants accountable for certain standards.

There being no public comments, Mayor Salinas opened and closed the public comment period at 6:57 p.m.

Mayor Salinas stated the City went through a process to help 1069 B Street, LLC restructure its agreement with the City and after this was done the owner without informing the City went to auction, and therefore he was not interested in the City pursuing a partnership with this group; added that the proposed site had the potential to change the entire B Street corridor, downtown and be a model site; believed the City was capable of pursuing the proposed and build La Vista Park and the Stack Center and could reaffirm the commitment at the priority setting meeting; and added that although it would take resources amounting $8.6 million, it was the City’s opportunity to demonstrate its commitment to economic development; and made a motion to move the item.

Council Member Zermeño seconded the motion.

SPECIAL JOINT CITY COUNCIL/HAYWARD REDEVELOPMENT SUCCESSOR AGENCY

Council Member Syrop hoped the community would see the proposal as an investment and that the City was not just concerned about the building but also about generating sales tax revenue from tenants operating at the site and attracting other businesses to a vibrant downtown; suggested one of the spaces be allocated as an incubator for a small set of kitchens to get businesses started; noted that as the Corporation’s loan gets paid off, there was potential to make loans for renovation of other buildings and launch newer programs; saw the proposal as a way to invest capital and get ahead of an issue; and was happy to support the initiative.

Council Member Zermeño stated that the proposed project was the right thing to do for the downtown and the City and emphasized the value of investing in real estate.

Council Member Roche stated that she remained skeptical about the project due to the amount of money that would be allocated from the City’s General Fund and the uncertainty of when this would be paid back; was concerned about other upcoming obligations and considered the City as responsible for delivering services to the community and not managing retail; noted that despite all positive prospects there were other properties in the area that the City had a hard time attracting businesses to and was not sure if the proposed would prove to do better; appreciated the creativity that went into the recommendation; underscored her position on being fiscally conservative; and stated that part of the problem with the property was garage access and suggested this is something that could be looked into.

Council Member Andrews noted she had similar concerns expressed by Council Member Roche; was concerned the proposed site was vacant and represented a public safety issue; expressed she would be inclined to support the proposal if there was a promise to prioritize the Stack Center and La Vista Park; shared that the proposal could be an opportunity for event space which could also be a community benefit; wondered if it would be possible to have community service officers’ presence in the downtown to improve public safety; remained concerned about the amount of money and absent landlords in the downtown; concurred with her colleagues that the downtown was an important space and referenced cities known for their downtowns; expressed she would be inclined to support the proposal if there was reassurance that the City would not lose focus on its priorities and there would be a balanced mid-year budget.

Council Member Goldstein stated he favored the proposal and his inquiry about the City getting any hard assets had been addressed; trusted staff had evaluated the risks and opportunities of the proposal; was optimistic taxpayers would benefit because the City would manage the property, receive income and make a long-term difference in the downtown; added that in addition to the La Vista Park, the Stack Center, and other priorities, the surrounding area to the St. Regis property needs attention as businesses will not locate 4 | J a n u a r y 8 , 2 0 2 4
near it due to issues related to homelessness; and added that the City needs to make sure the downtown looks clean, feels safe, warm and welcoming.

City Manager McAdoo commented that staff appreciated the trust the Council had placed in them, noting that staff worked hard to bring forth recommendations that have been well thought through and analyzed.

It was moved by Mayor/HRSAB Chair/HEDCB Chair Salinas, seconded by Council/HRSAB/HEDCB Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL/HRSAB/HEDCB MEMBERS Andrews, Goldstein, Syrop, Zermeño
MAYOR HRSA/HEDC CHAIR Salinas
NOES: COUNCIL/HRSAB/HEDCB MEMBER Roche
ABSENT: COUNCIL/ HRSAB/HEDCB MEMBER Bonilla Jr.

ABSTAIN: None
Resolution 24-001, “Resolution of the City Council of the City of Hayward Authorizing the Conveyance of $8.6 Million from the General Fund to the Hayward Economic Development
Corporation for Purchase of 1069 B Street, LLC’s Leasehold Interest in the Cinema Place Property and Finding the Action is Exempt from CEQA Review”
HRSA Resolution 24-01 “Resolution of the Board of Directors of the Redevelopment Successor Agency of the City of Hayward Approving the Conveyance Agreement and Consenting to the Transfer of the Leasehold Interest in the Cinema Place Property from 1069 B Street, LLC, to the Hayward Economic Development Corporation, and Approving Assignment of Rights and Duties Under the Various Agreements that Govern the Relationship between the 1069 B Street, LLC and the Successor Agency, as Well as Finding the Action is Exempt from CEQA Review”
HEDC Resolution 24-01 “Resolution of the Board of Directors of the Hayward Economic Development Corporation Approving the Conveyance Agreement for the Transfer of the Leasehold Interest in the Cinema Place Property from 1069 B Street, LLC, to the Hayward Economic Development Corporation, and Accepting the Assignment of Rights and Duties Under the Various Agreements that Govern the Relationship Between 1069 B Street, LLC and the Successor Agency”

SPECIAL JOINT CITY COUNCIL/HAYWARD REDEVELOPMENT SUCCESSOR AGENCY

COUNCIL REPORTS AND ANNOUNCEMENTS
There were none.

COUNCIL REFERRALS
There were none.

ADJOURNMENT
Mayor/HRSAB Chair/HEDCB Chair Salinas adjourned the special joint City Council/Hayward Redevelopment Successor Agency Board/Hayward Economic Development Corporation Board of Directors meeting at 7:36 p.m.

APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward
Chair, Hayward Redevelopment Successor Agency Board
Chair, Hayward Economic Development Corporation Board
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
Secretary, Hayward Redevelopment Successor Agency Board Secretary, Hayward Economic Development Corporation Board CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-002
DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt an Ordinance Amending the Zoning Map and Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code) of the Hayward Municipal Code Associated with the Hayward Residential Design Study

RECOMMENDATION
That the Council adopts the ordinance introduced on December 12, 2023.

SUMMARY
This item entails adoption of an ordinance amending the Zoning Map and Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code) of the Hayward Municipal Code, introduced on December 12, 2023, by Council Member Syrop.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Notice Published
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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Page 1 of 2 ends

DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Amending the Zoning Map and Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code) of the Hayward Municipal Code Associated with the Hayward Residential Design Study

RECOMMENDATION
That the Council adopts the ordinance introduced on December 12, 2023.

BACKGROUND
The Ordinance was introduced by Council Member Syrop at the December 12, 2023, meeting of the City Council with the following vote:

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

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

Page 2 of 2 ends

FISCAL IMPACT
There is no fiscal impact associated with this report.

PUBLIC CONTACT
A summary of the ordinance was published in the Daily Review c/o Bay Area News Group-East Bay on Friday, January 12, 2024. Adoption, at this time, is therefore appropriate.

NEXT STEPS
The Hayward Municipal Code and other related documents will be updated accordingly.

Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 2 ends

PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE

CITY COUNCIL OF THE CITY OF HAYWARD
ORDINANCE AMENDING THE ZONING MAP AND CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE), ARTICLE 2 (OFF-STREET PARKING REGULATIONS), ARTICLE 24 (MISSION BOULEVARD CODE) AND ARTICLE 28 (DOWNTOWN DEVELOPMENT CODE) OF THE

HAYWARD MUNICIPAL CODE ASSOCIATED WITH THE HAYWARD RESIDENTIAL DESIGN STUDY
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Provisions. The City Council incorporates by reference the findings contained in Resolution 23-287 approving the Zoning Map and Zoning Text Amendments to the Hayward Municipal Code as detailed in Exhibits A, B, C, D, E, and F.

Section 2. The Zoning Map is hereby amended to rezone 49 properties with High Density Residential and Commercial/High Density Residential General Plan land use designations from Single Family Residential District to Planned Development District, Medium Density Residential District, High Density Residential District and Neighborhood Commercial District, as illustrated in the Exhibit F, introduced herewith and as specifically shown in this Ordinance.

Section 3. Chapter 10, Planning, Zoning, and Subdivisions of the Hayward Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to add certain text (as indicated by underline) and delete certain provisions (as indicated by strikethrough) in the attached Exhibits A thorough E, related to the following: elimination of Hayward Municipal Code Sections 10-1.200: SingleFamily Residential District, Section 10-1.300: Residential Natural Preservation District, Section 10-1.400: Medium Density Residential District and Section 10-1.500: High Density Residential and replacement of those existing Sections with Section 10-1.200: Residential Districts; and miscellaneous revisions to Chapter 10 Article 1: Zoning Ordinance, Article 2:

Off-Street Parking Regulations, Article 24: Mission Boulevard Code and Article 28:

Downtown Development Code, introduced herewith and as specifically shown in this Ordinance.

Section 4. Severance. Should any part of this Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this Ordinance, which shall continue in full force and effect, provided that the remainder of the Ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.

Section 4. Effective Date. Pursuant to Section 620 of the City Charter, the Ordinance shall become effective immediately upon adoption by the City Council.

ATTACHMENT II

Page 2 of 2 ends

Section 5. Notice to Assessor. Pursuant to Government Code section 65863.5, the City Manager, or her designee, is authorized and directed to notify the county assessor of the rezoning of properties pursuant to this Ordinance. Such notice shall be provided within 30 days of adoption of this Ordinance.

Introduced at a regular meeting of the City Council of the City of Hayward, held the 12th day of December, 2023, by Council Member Syrop.

This Ordinance will be considered for adoption at a special meeting of the Hayward City Council, to be held on January 23, 2024, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.

Dated: January 19, 2024
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 24-018
DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Commissioner Kelly Sullivan from the Library Commission, Effective Immediately

RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Kelly Sullivan from the Library Commission, effective immediately.

SUMMARY
Commissioner Kelly Sullivan was appointed to the Library Commission on September 21, 2021 and reappointed on September 12, 2023. Ms. Kelly Sullivan’s resignation becomes effective immediately, per her resignation letter (Attachment III).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT Adopt a Resolution Accepting the Resignation of Commissioner Kelly Sullivan from the Library Commission, Effective Immediately

RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Kelly Sullivan from the Library Commission, effective immediately.

SUMMARY AND DISCUSSION
Commissioner Kelly Sullivan was appointed to the Library Commission on September 21, 2021 and reappointed on September 12, 2023. Ms. Kelly Sullivan’s resignation becomes effective immediately, per her resignation letter (Attachment III).

FISCAL IMPACT
There is no fiscal impact associated with this action.

STRATEGIC INITIATIVES
The agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.

Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION No. 24-______
Introduced by Council Member ______________

RESOLUTION ACCEPTING THE RESIGNATION OF KELLY SULLIVAN FROM

THE LIBRARY COMMISSION
WHEREAS, Kelly Sullivan was appointed to the Library Commission on September 21, 2021; and
WHEREAS, Kelly Sullivan was re-appointed to the Library Commission on September 12, 2023; and
WHEREAS, Kelly Sullivan submitted a resignation letter on January 17, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Kelly Sullivan; and commends her for her civic service to the City.

IN COUNCIL, HAYWARD, CALIFORNIA, ________________2024.

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
From: Kelly Sullivan Luman
Sent: Wednesday, January 17, 2024 1:06 PM
To: Jayanti Addleman <[email protected]>
Subject: Commissioner Sullivan Resignation
Library Commissioner/Chair Goward and Library Director Addleman, I regret to inform you that I need to resign from the Library Commission effective January 15, 2024. It has been an honor to serve on the Library Commission for the past 2 years.

I would like to express my gratitude for the opportunities and experiences while serving on the Library Commission. It has been a privilege to serve alongside dedicated individuals committed to improving the services and access of the Hayward Library in our city.

Thank you for your understanding and I wish the entire Library Commission continued success in their efforts to better serve our community.

Sincerely,
Library Commissioner Kelly Sullivan
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-019
DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Appointing Marhya Kelsch to the Library Commission to Fill the Term of Kelly Sullivan Expiring September 30, 2027

RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Marhya Kelsch to the Library Commission to fill the unexpired term of Kelly Sullivan, which will expire on September 30, 2027.

SUMMARY
The Council, during its September 12, 2023 Council meeting, confirmed the list of 2023 alternates and selected Marhya Kelsch as the alternate for the Library Commission. On January 17, 2024, Ms. Kelly Sullivan, now former member of the Library Commission, submitted a letter of resignation which created an unexpected vacancy on the Library Commission. Ms. Marhya Kelsch was contacted to confirm her eligibility status and her interest in serving on the Library Commission. If appointed to the Library Commission, Ms. Marhya Kelsch’s term would be effective immediately and would end on September 30, 2027.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Appointing Marhya Kelsch to the Library Commission to Fill the Term of Kelly Sullivan Expiring September 30, 2027

SUMMARY AND DISCUSSION
The Council, during its September 12, 2023 Council meeting1, confirmed the list of 2023 alternates and selected Marhya Kelsch as the alternate for the Library Commission. On January 17, 2024, Ms. Kelly Sullivan, now former member of the Library Commission, submitted a letter of resignation which created an unexpected vacancy on the Library Commission. Ms. Marhya Kelsch was contacted to confirm her eligibility status and her interest in serving on the Library Commission. If appointed to the Library Commission, Ms.

Marhya Kelsch’s term would be effective immediately and would end on September 30, 2027.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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

1 City Council Meeting 9/12/2023
CITY OF HAYWARD - File #: APPT 23-003 (legistar.com)

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NEXT STEPS
Following Council’s action, the oath of affirmation will be administered to Ms. Marhya Kelsch.

Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION No. 24-__________
Introduced by Council Member ________________

RESOLUTION APPOINTING MARHYA KELSCH TO THE LIBRARY

COMMISSION TO FILL THE UNEXPIRED TERM OF KELLY SULLIVAN WHEREAS, the City Council conducted its annual recruitment for City commissions and the Keep Hayward Clean and Green Task Force from May 4, 2023 through August 4, 2023; and
WHEREAS, on September 12, 2023, the City Council established an alternate list comprising eligible applicants who would be appointed to serve as vacancies occurred during 2023; and
WHEREAS, Marhya Kelsch was selected as the alternate for the Library Commission; and
WHEREAS, Library Commissioner Kelly Sullivan resigned, effective January 15, 2024, which created a vacancy on the Library Commission.

THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Marhya Kelsch is selected from the alternate list and appointed to fill Kelly Sullivan’s unexpired term, which will expire on September 30, 2027.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024.

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 24-020
DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Appointing Hayward Youth Commission Alternates Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi to Fill the Seats of Sharana Sabesan and Niki Shiva for Terms Expiring June 30, 2025

RECOMMENDATION
That Council adopts a resolution (Attachment II) appointing Hayward Youth Commission Alternates Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi to fill the seats of Sharana Sabesan and Niki Shiva for terms expiring June 30, 2025.

SUMMARY
Sharana Sabesan was appointed to the Hayward Youth Commission on June 15, 2021 and reappointed on June 20, 2023. Niki Shiva was appointed on June 20, 2023. Since Sharana Sabesan and Niki Shiva have not attended meetings since September 2023, Hayward Youth Commission advisors are recommending that their seats be declared vacant. Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi were appointed to the Hayward Youth Commission as alternate members on June 20, 2023 and have been selected from the Alternate List and recommended to fulfill the unexpired terms, which will end June 30, 2025.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt a Resolution Appointing Hayward Youth Commission Alternates Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi to Fill the Seats of Sharana Sabesan and Niki Shiva for Terms Expiring June 30, 2025

SUMMARY AND DISCUSSION
Sharana Sabesan was appointed to the Hayward Youth Commission on June 15, 2021 and reappointed on June 20, 2023. Niki Shiva was appointed on June 20, 2023. Since Sharana Sabesan and Niki Shiva have not attended meetings since September 2023, Hayward Youth Commission advisors are recommending that their seats be declared vacant. Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi were appointed to the Hayward Youth Commission as alternate members on June 20, 2023 and have been selected from the Alternate List and recommended to fulfill the unexpired terms, which will end June 30, 2025.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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

Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
___________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION No. 24-__________
Introduced by Council Member ________________

RESOLUTION APPOINTING JESUS ALEJANDRO REYNOSO AND

TEMILOLUWA OGUNKANMI TO THE HAYWARD YOUTH COMMISSION

TO FILL THE SEATS OF SHARANA SABESAN AND NIKI SHIVA FOR TERMS EXPIRING JUNE 30, 2025
WHEREAS, the City conducted its annual recruitment for the Hayward Youth Commission from March 9, 2023 to May 19, 2023; and
WHEREAS, on June 20, 2023, the City Council established an alternate list comprising eligible applicants who would be appointed to serve as vacancies occurred during 2023/2024; and
WHEREAS, Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi were selected as alternates for the Hayward Youth Commission; and
WHEREAS, seats of Hayward Youth Commissioners Sharana Sabesan and Niki Shiva are declared vacant since they have not attended any meetings since September 2023.

THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi are selected from the alternate list and appointed to fill Commissioners Sharana Sabesan’s and Niki Shiva’s unexpired terms, which will expire on June 30, 2025.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024.

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 24-003
DATE: January 23, 2024
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
Adopt a Resolution Accepting the Fiscal Year 2024 Statement of Investment Policy and Delegation of Authority

RECOMMENDATION
That the Council adopts a resolution (Attachment II) reaffirming the updated Fiscal Year 2024 Statement of Investment Policy and Delegation of Authority.

SUMMARY
There are no recent changes to California Government Code Section 53601 (Code) that govern the investment of public funds. Staff worked in conjunction with the City’s portfolio manager, PFM Asset Management, to review the City’s Statement of Investment Policy (Policy) and recommends no changes to the Policy (Attachment IV) at this time.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III PFM Asset Management Annual Policy Review Memo Attachment IV FY 2024 Statement of Investment Policy
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT: Adopt a Resolution Accepting the Fiscal Year 2024 Statement of Investment Policy and Delegation of Authority

RECOMMENDATION
That the Council adopts a resolution (Attachment II) reaffirming the updated Fiscal Year 2024 Statement of Investment Policy and Delegation of Authority.

SUMMARY
There are no recent changes to California Government Code Section 53601 (Code) that govern the investment of public funds. Staff worked in conjunction with the City’s portfolio manager, PFM Asset Management, to review the City’s Statement of Investment Policy (Policy) and recommend no changes to the Policy (Attachment IV) at this time.

BACKGROUND
The City’s Statement of Investment Policy (Policy) requires that staff submit to the Council for approval any recommended changes to the Policy. In addition, the State statutes that govern investment activity require the Council to annually affirm the Policy and to annually confirm the delegation of investment authority, which in the City of Hayward, is to the Director of Finance. This year’s Policy has no recommended changes to it. A memo confirming that no changes are needed is provided in Attachment III. Staff worked in conjunction with the City’s portfolio manager, PFM Asset Management, to review the policy.

DISCUSSION
As part of the overview of the FY 2023 year-end investment portfolio, staff reviewed and evaluated the need for any changes to the Policy. PFM, the City’s portfolio manager, has also reviewed the Policy and prepared a memorandum recommending no changes to the Policy (Attachment III). In conjunction with the City’s portfolio manager, staff recommends that the Council approve the FY 2024 Policy as is (Attachment IV).

STRATEGIC ROADMAP
This is a routine operational item and does not relate to any of the priorities outlined in the

Page 2 of 2 ends

Council’s Strategic Roadmap.

FISCAL IMPACT
There is no fiscal impact.

PUBLIC CONTACT
The recommended changes to the Policy (Attachment IV) were presented to Council Budget and Finance Committee on November 1, 2023, and discussed by the Investment Advisory Committee during its quarterly meeting on November 16, 2023.

Prepared and Recommended by: Nicole Gonzales, Director of Finance Approved by:
_________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24 -________
Introduced by Council Member ________________

RESOLUTION REAFFIRMING THE STATEMENT OF INVESTMENT POLICY AND

RENEWING THE DELEGATION OF AUTHORITY TO MAKE INVESTMENTS TO

THE DIRECTOR OF FINANCE
WHEREAS, by Resolution No. 22-300, dated December 6, 2022, the City Council adopted a Statement of Investment Policy for the City of Hayward; and WHEREAS, under section 53607 of the California Government Code, the authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a one-year period by the legislative body to the treasurer of the local agency, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a periodic report of those transactions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the FY 2024 Statement of Investment Policy is hereby reaffirmed as amended, and that the authority of the Director of Finance, or his or her designee, to make investments pursuant to the Policy is hereby renewed.

BE IT FURTHER RESOLVED that the Director of Finance and her/his successors in office is authorized to order the deposit or withdrawal of money in the accounts of the City of Hayward, the Public Financing Authority, the Successor Agency of the Redevelopment Agency of the City of Hayward, and the Housing Authority within the Local Agency Investment Fund of the State of California for the purpose of investment in accordance with the provisions of Section 16429.1 of the California Government Code; and further authorized to delegate responsibility for daily deposits or withdrawals of money in the above referenced accounts as required to ensure proper functioning of the fiscal operations of the City and these agencies.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA __________________ 2024.

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
October 20, 2023
Memorandum
To:

From:

Re:

Nicole Gonzales, Director of Finance
City of Hayward
Monique Spyke, Managing Director
Allison Kaune, Senior Analyst
PFM Asset Management LLC
Investment Policy Review
We have completed our review of the City of Hayward’s (the “City”) FY 2023 Investment Policy (the “Policy”). The Policy is well written and in compliance with California Government Code.

This year we are recommending no changes.

Please let us know if you have any questions. Thank you.

ATTACHMENT III
FY 20232024
Statement of Investment Policy
Finance Department
Director of Finance, Dustin ClaussenNicole Gonzales
Policy last amended: Dec 6, 202212, 2023

ATTACHMENT IV
FY 2023 2024 - Statement of Investment Policy

Page 1 ends

Table of Contents
I. Introduction.............................................................................................................................................................................3 II. Statement of Objectives .....................................................................................................................................................3 III. Use of State Investment Guidelines..............................................................................................................................4 IV. Delegation of Authority ....................................................................................................................................................4 V. Investment Advisory Committee ....................................................................................................................................5 VI. Ethics and Conflict of Interest ........................................................................................................................................5 VII. Investment Policy Adoption ..........................................................................................................................................5 VIII. Standard of Prudence.....................................................................................................................................................5 IX. Reporting ...............................................................................................................................................................................6 A. Monthly............................................................................................................................................................................................... 6 B. Periodic............................................................................................................................................................................................... 6 C. Annual................................................................................................................................................................................................. 6 X. Investment Instruments ....................................................................................................................................................7 A. United States Treasury Notes, Bonds, Bills, or Certificates of Indebtedness............................................................ 8 B. Federal Agency or United States Government-Sponsored Enterprise (GSE) Obligations.................................. 8 C. Banker’s Acceptances.................................................................................................................................................................... 8 D. Prime Commercial Paper............................................................................................................................................................. 8 E. Negotiable Certificates of Deposit............................................................................................................................................ 9 F. Repurchase Agreements .............................................................................................................................................................. 9 G. Medium-Term Notes...................................................................................................................................................................... 9 H. Money Market Funds...................................................................................................................................................................10 I. Alameda County Investment Pool. .........................................................................................................................................10 J. Other Investment Pools. .............................................................................................................................................................10 K. State of California’s Local Agency Investment Fund.......................................................................................................11 L. Collateralized Certificates of Deposit ...................................................................................................................................11 M. Municipal Bonds............................................................................................................................................................................11 N. Supranationals..............................................................................................................................................................................12 O. Asset-Backed Securities..............................................................................................................................................................12 XI. Prohibited Investments .................................................................................................................................................12 XII. Credit Downgrade ..........................................................................................................................................................12 XIII. Maturity and Diversification.....................................................................................................................................13 XIV. Internal Controls ...........................................................................................................................................................13 FY 2023 2024 - Statement of Investment Policy

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XV. Banks and Security Dealer Selection.......................................................................................................................15 XVI. Risk Tolerance................................................................................................................................................................15 XVII. Safekeeping and Custody ..........................................................................................................................................17 Appendix A............................................................................................................................................................................................18 Comparison and Interpretation of Credit Ratings1 ............................................................................................................18 Appendix B............................................................................................................................................................................................19 Glossary .................................................................................................................................................................................................19 FY 2023 2024 - Statement of Investment Policy

Page 3 ends

I. Introduction
The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment policy and to organize and formalize investment-related activities. Activities that comprise good cash management include accurate cash projections, the expeditious collection of revenue, the control of disbursements, cost-effective banking relations, and arranging for a short-term borrowing program that coordinates working capital requirements and investment opportunities.

A. Included – Funds included in this Statement of Investment Policy are described in the City’s annual financial report, and include: General Fund, Special Revenue Funds, Capital Projects Funds, Enterprise Funds, Internal Service Funds, Fiduciary Funds, Housing Finance Agency Funds, Successor Hayward Housing Authority funds, and Hayward Redevelopment Agency Successor Agency funds. The Statement of Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds.

B. Excluded – The following funds are excluded from the Statement of Investment Policy: Deferred Compensation Fund assets and monies held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of the City, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements may be invested in accordance with the ordinance, resolution, indenture or agreement approved by the City Council which govern the issuance of those bonds, or lease installment sale, or other agreement, rather than this Statement of Investment Policy.

II. Statement of Objectives
It is the policy of the City of Hayward to invest public funds not required for immediate day-to-day operations in safe and liquid investments with maturities under five years, in conformance with the California state statutes governing the investment of public funds.

Investments are intended to achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default.

FY 2023 2024 - Statement of Investment Policy

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In managing the City of Hayward’s Investment Portfolio, the City’s primary objectives are safety, liquidity, and yield.

1. Safety – Safety of principal is the foremost objective of the City, followed by liquidity and yield. Each investment transaction shall seek to first ensure that capital losses are avoided, whether they are from securities defaults or erosion of market value.

2. Liquidity – The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated.

3. Yield – The City may establish a performance benchmark based on current investment objectives and constraints. The investment portfolio shall be managed to attain a marketaverage rate of return throughout budgetary and economic cycles, taking into account the City's policy constraints and cash flow requirements. The City should not take undue risk to obtain above-market rates of return.

4. Diversification – The City's investment portfolio will be diversified to avoid concentrating investments in specific security types or in individual financial institutions.

While the City will not make investments for the purpose of trading or speculation as the dominant criterion, the Director of Finance shall seek to enhance total portfolio return by means of active portfolio management.

III. Use of State Investment Guidelines
Government Code Sections 53601, 53607, and 53646 of the State of California regulate investment practices. It is the policy of the City of Hayward to use the State's provisions for local government investments as the base for developing and implementing the City's investment policies and practices.

IV. Delegation of Authority
The responsibility for conducting the City’s investment program is hereby delegated to the Director of Finance, who has established written procedures for the operation of the investment program, consistent with this Statement of Investment Policy. The Finance Director has further authority, with consent of the City Council, to engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s Statement of Investment Policy.

Such managers must be registered under the Investment Advisors Act of 1940.

FY 2023 2024 - Statement of Investment Policy

Page 5 ends

V. Investment Advisory Committee
The City Manager will appoint an Investment Advisory Committee (IAC). The IAC shall, at minimum, consist of the Assistant City Manager, Director of Finance or Deputy Director of Finance, City Attorney or Assistant City Attorney, one department head, and a minimum of one non-City employee that possesses financial skills to be chosen by the City Manager as available.

The IAC shall meet at least quarterly for the purpose of overseeing the implementation of the City's investment program and assuring it is consistent with the Statement of Investment Policy as approved by the Council. The committee shall include in its discussions such topics as economic outlook, portfolio diversification and maturity structure, potential risks to the City's funds, approval of authorized financial institutions, and the performance of the investment portfolio. Written investment procedures must be approved by the IAC.

VI. Ethics and Conflict of Interest
Officers and employees involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program or impair their ability to make impartial decisions.

All members of the City’s IAC shall annually file Statements of Economic Interests (SEIs or Form 700) with the California Fair Political Practices Commission.

VII. Investment Policy Adoption
The City's Statement of Investment Policy shall be annually reviewed and approved by the Investment Advisory Committee and thereafter shall be reviewed and approved by the City Council at a public meeting.

VIII. Standard of Prudence
All participants in the investment process shall act responsibly as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. Nevertheless, in a diversified portfolio, it must be recognized that occasional measured losses are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.

The standard of prudence to be used by investment officials shall be the “prudent investor standard,” which states:
“When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character FY 2023 2024 - Statement of Investment Policy

Page 6 ends

and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.”
Investment officers acting in accordance with written procedures and the Statement of Investment Policy, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this Policy.

IX. Reporting
The following investment activity reports will be completed.

A. Monthly
The Director of Finance shall post a monthly investment and transaction summary to the City’s public website that will be available to the City Manager, Investment Advisory Committee, City Council Budget & Finance Committee, City Council, and the general public.

Code section 53607 requires agencies to make a monthly report of transactions available to the legislative body.

The investment summary will list investment transactions executed during the month, and will report key aspects of the investment portfolio, including the following information about each investment instrument: issuer, par amount, purchase price, sales price, realized gains and losses, maturity dates, credit ratings, and the percentage of the portfolio by each type of investment.

B. Periodic
While there is no legislative requirement for quarterly investment activity reporting, the Director of Finance shall submit periodic investment reports to the City Manager, Investment Advisory Committee, City Council Budget & Finance Committee, and City Council.

A periodic report shall include all components of the City’s monthly report, highlight key aspects of information contained in the investment reports, and inform readers of economic conditions affecting the portfolio. The report will present recent investment performance and future investment strategy; disclose any perceived threats to portfolio quality, security or liquidity; compare the portfolio performance to that of the City’s established performance benchmark, state compliance with the Investment Policy and include a statement denoting the ability to meet expenditure requirements for the next six months.

C. Annual
While there is no legislative requirement for submission of an annual investment report, the Director of Finance shall present a comprehensive annual report on the investment program and investment activity no later than 180 days following the end of the fiscal year. This report shall be presented to the Investment Advisory Committee. The annual report shall include a performance summary, shall suggest policies and improvements that might enhance the investment program, and include an investment plan for the ensuing fiscal year.

In conjunction with its review of the annual investment report, the Investment Advisory Committee shall review and reaffirm the Statement of Investment Policy of the City, whether FY 2023 2024 - Statement of Investment Policy

Page 7 ends

or not specific policy modifications are suggested.

Following the annual review of the Statement of Investment Policy by the Investment Advisory Committee, the Investment Policy shall be submitted to the City Council, together with any changes recommended by the Investment Advisory Committee. The City Council shall consider any such recommended changes and approve the Statement of Investment Policy at a public meeting of the City Council.

X. Investment Instruments
A summary and description of authorized investment instruments is below.

INVESTMENT INSTRUMENT SUMMARY
Security Type
Maximum
Maturity
Min
Credit
Quality
Authorized
Investment
Limit
Per
Issuer
Limit
A. US Treasury Notes/Bills 5 Years None 100% 100%
B. US Agencies 5 Years None 100% 40%
B. US Agencies–Mortgage-Backed 5 Years None 20% 20%
C. Banker’s Acceptance (BA) 180 days A-1 40% 5%
D. Commercial Paper 270 days A-1 40% 5%
E. Negotiable Certificates of
Deposit
5 Years “A” 30% 5%
F. Repurchase Agreements 1 Year None 20% 20%
G. Medium Term Notes (MTN) 5 Years “A” 30% 5%
H. Money Market Fund N/A AAAm 20% 10%
I. Alameda County Investment
Pool
None None 10% 10%
J. Shares of beneficial interest
issued by a joint powers authority
None AAAm 100% N/A
K. LAIF None None Max amount
allowed by
Advisory Board
N/A
L. Collateralized Certificates of
Deposit
5 Years None 25% 20%
M. Municipal Bonds 5 Years “A” 20% 5%
N. Supranationals 5 Years “AA” 30% 30%
O. Asset-Backed Securities 5 Yr WAL1 “AA” 20% 5%
The following sections describe individual investment types. The sections specify a percentage limitation for a particular category of investment. That percentage is applied on the date of purchase. A later increase in a percentage resulting from a change in values or assets shall not constitute a violation of the Policy restriction. For purposes of compliance with this Policy, an investment’s term or remaining maturity shall be measured from the settlement date to final maturity. A security purchased in accordance with this Policy shall 1 WAL – Weighted Average Life. See glossary for definition FY 2023 2024 - Statement of Investment Policy

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not have a forward settlement date exceeding 45 days from the time of investment.

Unless stated otherwise in the Policy, no more than 5% of the City’s portfolio may be invested in securities issued by any one issuer.

A. United States Treasury Notes, Bonds, Bills, or Certificates of Indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest with a final maturity not exceeding five years from the date of trade settlement.

CA Govt Code 53601(b)
B. Federal Agency or United States Government-Sponsored Enterprise (GSE) Obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies, or United States government-sponsored enterprises with a final maturity not exceeding five years from the date of trade settlement. There is no limit to the amount of the City’s portfolio that may be invested in federal agency or GSE securities, except that the aggregate investment in federal agency mortgage-backed securities shall not exceed 20% of the City’s total portfolio. Furthermore, the aggregate investment in any one federal agency or GSE issuer shall not exceed 40% of the City’s total portfolio.

CA Govt Code 53601(f)
C. Banker’s Acceptances, otherwise known as bills of exchange or time drafts, that are drawn on and accepted by a commercial bank with a final maturity not exceeding 180 days from the date of trade settlement, rated at least “A-1” or the equivalent by a nationally recognized statistical-rating organization (NRSRO). The aggregate investment in banker’s acceptances shall not exceed 40% of the City’s total portfolio.

CA Govt Code 53601(g)
D. Prime Commercial Paper with the highest letter and numerical rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph 1 or paragraph 2 below:
(1) The entity meets the following criteria:
• is organized and operating in the United States as a general corporation; • has total assets in excess of five hundred million dollars ($500,000,000); and • has debt other than commercial paper, if any, that is rated in a rating category of at least "A" or its equivalent by a NRSRO.
(2) The entity meets the following criteria:
• is organized within the United States as a special purpose corporation, trust, or limited liability company;
• has program wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond; and • has commercial paper that is rated "A-1" or higher, or the equivalent, by a FY 2023 2024 - Statement of Investment Policy

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NRSRO.

Eligible commercial paper shall have a final maturity not exceeding 270 days from the date of trade settlement. The aggregate investment in commercial paper shall not exceed 40% of the City’s total portfolio. Furthermore, the City may invest no more than 5% of its total investment assets in the commercial paper and the medium-term notes of any single issuer.

CA Govt Code 53601(h)
E. Negotiable Certificates of Deposit issued by a nationally- or state-chartered bank, a savings association or a federal association as defined by Section 5102 of the California Financial Code, a state or federal credit union, or by a federally-licensed or statelicensed branch of a foreign bank with a final maturity not exceeding five years from the date of trade settlement. Deposits are limited to institutions which have long-term debt rating in a rating category of at least “A” or the equivalent by a NRSRO. The aggregate investment in negotiable certificates of deposit shall not exceed 30% of the City’s total portfolio.

CA Govt Code 53601(i)
F. Repurchase Agreements with a final termination date not exceeding 360 days from the date of trade settlement collateralized solely by United States Treasury, federal agency, or United States government sponsored enterprises permitted by this Statement of Investment Policy. The purchased securities (the “collateral”) shall have a minimum market value of 102% of the dollar value of the funds invested. The market value of the collateral securities shall be marked-to-the-market daily and the value shall be adjusted no less frequently than weekly. No substitution of collateral shall be allowed without the prior approval of the Finance Director. All collateral securing repurchase agreements must be delivered to the City’s custodian bank or handled under a tri-party repurchase agreement. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to repurchase agreement.

Approved repurchase agreement counterparties shall have a repurchase agreement counterparty credit rating of at least “A-1” or the equivalent and a long-term credit rating of at least “A” or the equivalent by a NRSRO. Repurchase agreement counterparties shall execute a City approved master repurchase agreement with the City. No more than 20% of the City’s total portfolio shall be invested in repurchase agreements.

CA Govt Code 53601 (j)
G. Medium-Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a final maturity not exceeding five years from the trade settlement, and rated in a rating category of at least “A” or the equivalent by a NRSRO at the time of purchase. The aggregate investment in medium-term notes FY 2023 2024 - Statement of Investment Policy

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shall not exceed 30% of the City’s total portfolio. Furthermore, the City shall invest no more than 5% of its total investment assets in the commercial paper and the mediumterm notes of any single issuer.

CA Govt Code 53601 (k)
H. Money Market Funds. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.).

To be eligible for investment pursuant to this subdivision these companies shall either:
(1) attain the highest ranking letter or numerical rating provided by not less than two of the three largest NRSROs, or
(2) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $1,000,000,000.

The purchase price of shares shall not exceed 20% of the City’s total portfolio and shall not include any commission that the companies may charge. Furthermore, no more than 10% of the City’s total portfolio may be invested in any one money market fund.

CA Govt Code 53601 (l)
I. Alameda County Investment Pool. The City’s maximum investment in the Alameda County pool is limited to 10% of the City’s total aggregate portfolio.

CA Govt Code 53684
J. Other Investment Pools. Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. 3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).

CA Govt Code 53601 (p)
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K. State of California’s Local Agency Investment Fund (LAIF). The City's participation in LAIF shall conform to State Regulation. The City maintains a total of two LAIF investment accounts and may invest the maximum amount permitted by LAIF’s Local Investment Advisory Board. In general, it is the City's intention to use investment in LAIF as a temporary repository for short-term funds needed for liquidity purposes. The Finance Director shall maintain appropriate information concerning LAIF's current investment policies, practices and performance on file. The Finance Director shall also maintain files on LAIF's requirements for participation, including, but not limited to, limitations on deposits or withdrawals and the composition of the portfolio.

CA Govt Code 16429.1
L. Collateralized Certificates of Deposit in FDIC-insured financial institutions located in California with a maximum maturity no longer than five years from the date of deposit.

Deposits are limited to banks who have a long-term debt rating in a rating category of at least “A” or the equivalent and a short-term debt rating of at least “A-1” or the equivalent by a NRSRO. The City may waive collateral for any portion of its deposit that is covered by federal deposit insurance.

Money shall not be deposited in any state or federal credit union if a member of the legislative body of the City, or any person with investment decision making authority of the administrative office, manager's office, budget office, auditor-controller's office, or treasurer's office of the City, also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or supervisory committee, of the state or federal credit union.

The amount on deposit shall not exceed the total paid-up capital (to include capital notes and debentures) and surplus of any depository bank, or the total of the net worth of any savings and loan association. However, deposits in collateralized certificates of deposit shall not exceed 25% of the City’s total portfolio, nor shall the City deposit more than 20% of its total portfolio in the collateralized certificates of deposit of any one bank.

CA Govt Code 53649
M. Municipal Bonds issued by the state of California and any local agency within the state, including bonds payable solely out of revenues from a revenue-producing property owned, controlled, or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency.

Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenueproducing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California.

The aggregate investment in municipal bonds may not exceed 20% of the City’s total portfolio.

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CA Govt Code 53601(c), CA Govt Code 53601(d), and CA Govt Code 53601(e) N. Supranationals defined as United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a final maturity not exceeding five years from the trade settlement, and eligible for purchase and sale within the United States. Supranationals shall be rated in a rating category of at least “AA” or the equivalent by a NRSRO at the time of purchase.

The aggregate investment in supranationals may not exceed 30% of the City’s total portfolio.

CA Govt Code 53601(q)
O. Asset-Backed Securities defined as all mortgage pass-through securities, collateralized mortgage obligations, mortgage-backed or other pay-through bonds, equipment lease-backed certificates, consumer receivable pass-through certificates, and consumer receivable-backed bonds, with a final maturity not exceeding five years from the trade settlement.

Asset-backed securities shall be rated in a rating category of at least "AA" or the equivalent by a NRSRO at the time of purchase and have a maximum remaining maturity of five years or less.

The aggregate investment in asset-backed securities may not exceed 20% of the City’s total portfolio.

CA Govt Code 53601(o)
XI. Prohibited Investments
Investments not specifically approved by this Statement of Investment Policy are prohibited, including inverse floaters, range notes, mortgage derived interest-only strips, and securities that could result in zero interest accrual if held to maturity, except as provided in the subsequent paragraph.

Notwithstanding the prohibitions stated in the above paragraph, effective January 1, 2021, the City may invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. The City may hold these instruments until their maturity dates. Securities described in this paragraph shall remain in effect only until January 1, 2026, and as of that date is repealed.

XII. Credit Downgrade
The minimum rating criteria for particular investment categories is applied on the date of purchase. The City may from time to time be invested in a security whose rating is FY 2023 2024 - Statement of Investment Policy

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downgraded. In the event a rating drops below the minimum allowed rating category for that given investment type, the securities shall be reviewed and a plan of action shall be recommended by the Director of Finance or investment manager. The Director of Finance may consult the Investment Advisory Committee on the action to be taken and shall advise its Chairman and Members of the final disposition of the matter either by e-mail or fax.

If an investment advisor is used, the investment advisor will immediately notify the Director of Finance if a purchased security has been downgraded below accepted minimums specified herein, or if the security is placed on negative credit watch, where downgrade could result in a rate drop below acceptable levels of that fact. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the rate drop, prognosis for recovery or further drop, and market price of the security. The City Council will be advised of the situation and intended course of action by e-mail or fax.

XIII. Maturity and Diversification
Maturities shall be based on a review of cash flow forecasts. Maturities will be scheduled to permit the City to meet all projected obligations.

The City may not invest in a security that exceeds five years from the date of purchase unless City Council has granted express authority to make that investment no less than three months prior to the investment.

XIV. Internal Controls
The Finance Director shall establish a system of internal controls. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls deemed most important include:
• Clearly delegating authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities.
• Separating transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. • Delivery versus payment. All trades where applicable will be executed by delivery vs. payment (DVP). This ensures that securities are deposited in the eligible financial institution before the release of funds. A third party custodian as evidenced by safekeeping receipts will hold securities.
• Avoiding physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities FY 2023 2024 - Statement of Investment Policy

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must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities.
• Confirming telephone transactions for investments and wire transfers in writing.

Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. • Developing wire transfer agreements with the lead bank or third party custodian.

This agreement should outline the various controls and security provisions, and delineate responsibilities of each party making and receiving wire transfers.

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XV. Banks and Security Dealer Selection
The Investment Advisory Committee shall approve all financial institutions from which securities are purchased or sold.

In selecting financial institutions for the deposit or investment of City funds, the Finance Director shall consider the creditworthiness of institutions. The Finance Director shall continue to monitor financial institutions' credit characteristics and financial history throughout the period in which City funds are deposited or invested.

Only primary government securities dealers that report to the New York Federal Reserve shall be used for the purchase of repurchase agreements. (It is acknowledged that inclusion on the primary dealer listing of the Federal Reserve Bank of New York is not a guarantee of creditworthiness.)
Effective October 14, 1987, the City shall be prohibited from investing funds with any person who is knowingly or intentionally engaged in the development or production of nuclear weapons. Person is defined as any person, private corporation, institution or other entity, which is within the jurisdiction of the City of Hayward.

If a third-party investment advisor is authorized to conduct investment transactions on the City’s behalf, the investment advisor may use its own list of approved broker/dealers and financial institutions for investment purposes.

XVI. Risk Tolerance
The City recognizes that investment risks can result from issuer defaults, market price changes, or various technical complications leading to temporary illiquidity. Portfolio diversification is employed as a way to control risk. Investment managers are expected to display prudence in the selection of securities as a way to minimize default risk. No individual investment transaction shall be undertaken that jeopardizes the total capital position of the overall portfolio.

The Director of Finance shall periodically establish guidelines and strategies to control risks of default, market price changes and illiquidity. All investment reports shall specifically address whether current investment results have been affected by any of the foregoing risks, and shall explain what actions investment officials have taken to control or correct for such risks.

A thorough investigation of any money market fund or investment pool, including LAIF and the Alameda County Pool, is required prior to investing, as well as on an ongoing basis. The following information should be obtained and analyzed:

I. A description of eligible investment securities
II. A written statement of investment policies and objectives III. A description of interest calculation and their distribution, and the treatment of gains and losses
IV. A description of how the securities are safeguarded and how often the FY 2023 2024 - Statement of Investment Policy

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securities are priced and the program audited
V. Information about the size and frequency of deposits and withdrawals allowed, and how much notice is needed for withdrawals
VI. A schedule for receiving statements and portfolio listings VII. A fee schedule, as well as how and when the fees are assessed VIII. The rating of the pool/fund
IX. Information about investment advisers, including registration with the Securities and Exchange Commission, length of experience and total assets under management
In addition to these general policy considerations, the following specific policies will be strictly observed:

1. All investment funds will be placed directly with qualified financial institutions. The City will not deposit or invest funds through third parties or money brokers.

2. A competitive bid process, utilizing financial institutions approved by the Investment Advisory Committee, will be used to place investment purchases. Based on annual evaluation, securities dealers, banks, and other financial institutions will be dropped or continued on the eligibility list. The following criteria will be used in the evaluation:
a. Number of transactions competitively won
b. Prompt and accurate confirmation of transactions
c. Efficient securities delivery
d. Accurate market information account servicing
If a third party investment advisor is authorized to conduct investment transactions on the City’s behalf, the investment advisor may rely on its review process and use its own list of approved broker/dealers for investment purposes.

3. The Finance Director may designate an official to manage investments and designate a second official to perform investment management during absences of the primary designee. The Finance Director shall ensure that competent investment management is maintained and shall ensure that, if both designated investment officials are replaced or are simultaneously absent, any temporary replacement(s) shall be closely supervised, indoctrinated in the requirements of this Statement of Investment Policy, and given written investment procedures regulating the authority to invest in maturities beyond six months by means of appropriate controls and restraining requirements.

4. In order to assist in identifying "qualified financial institutions," the Finance Director shall forward copies of the City's Statement of Investment Policy to those financial institutions with which the City is interested in doing business and require written acknowledgement of the policy.

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XVII. Safekeeping and Custody
To protect against potential fraud and embezzlement, the assets of the City shall be secured through third-party custody and safekeeping procedures.

The investment official shall be bonded to protect the public against possible embezzlement and malfeasance. An independent auditor shall review safekeeping procedures annually. The auditor may conduct surprise audits of safekeeping and custodial procedures.

All cash and securities in the City’s portfolio shall be held in safekeeping in the City’s name by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and the City.

All securities will be received and delivered using standard delivery versus payment (DVP) procedures; the City's safekeeping agent will only release payment for a security after the security has been properly delivered. The only exception to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools, and (ii) money market funds, since the purchased securities are not deliverable.

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Appendix A
Comparison and Interpretation of Credit Ratings1
Long-Term Debt Ratings Debt Ratings
Rating Interpretation Moody’s Standard &
Poor’s
Fitch
Best Quality Grade Aaa AAA AAA
High Quality Grade Aa1
Aa2
Aa3
AA+
AA
AAAA+
AA
AAUpper Medium Grade A1
A2
A3
A+
A
AA+
A
AMedium Grade Baa1
Baa2
Baa3
BBB+
BBB
BBBBBB+
BBB
BBBSpeculative Grade Ba1
Ba2
Ba3
BB+
BB
BBBB+
BB
BBLow Grade B1
B2
B3
B+
B
BB+
B
BPoor Grade to Default Caa CCC+ CCC
In Poor Standing -
-
CCC
CCC-
-
-
Highly Speculative
Default
Ca
C
CC
-
CC
-
Default -
-
-
-
-
D
DDD
DD
D
Short-Term/Commercial Paper Investment Grade Ratings
Rating Interpretation Moody’s Standard &
Poor’s
Fitch
Superior Capacity P-1 A-1+/A-1 F1+/F1
Strong Capacity P-2 A-2 F2
Acceptable Capacity P-3 A-3 F3
1 These are general credit rating guidelines and are for information only.

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Appendix B
Glossary
ASK PRICE: The price at which a seller offers to sell a security to a buyer.

ASSET-BACKED SECURITIES: Bonds created from various types of consumer debt.

Returns on these securities come from customer payments on their outstanding loans.

The primary types of asset-backed securities are mortgages, home equity loans, auto loans, leases, credit card receivables and student loans.

BANKERS’ ACCEPTANCE: A letter of credit issued in a foreign trade transaction which allows exporters to receive payment prior to importation of their goods. Banks provide short-term financing to facilitate the transaction and may sell the obligation to a third party. Bankers’ Acceptances are secured by the issuer of the bill, while the underlying goods also serve as collateral.

BANK DEPOSITS: Collateral in the form of currency that may be in the form of demand accounts (checking) or investments in accounts that have a fixed term and negotiated rate of interest.

BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.

BID PRICE: The price at which a buyer offers to purchase a security from the seller.

BOND: A debt investment in which an investor loans money to an entity (corporate or governmental) that borrows the funds for a defined period of time at a fixed interest rate called a coupon payment. Bonds are used by companies, municipalities, states and the U.S. government to finance a variety of projects and operating activities.

BROKER: A broker aligns buyers and sellers of securities and receives a commission when a sale occurs. Brokers generally do not hold inventory or make a market for securities.

CALIFORNIA LOCAL AGENCY OBLIGATIONS: Bonds that are issued by a California county, city, city and county, including a chartered city or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation.

CD (CERTIFICATE OF DEPOSIT): Time deposits issued by a bank, savings or federal credit union, or state-licensed branch of a foreign bank. Negotiable Certificates of Deposits rely on the credit rating of the issuing entity.

COLLATERAL: Securities, evidence of deposit, or other property that a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

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COLLATERALIZATION: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security.

COMMERCIAL PAPER: Short-term unsecured promissory note issued by a company or financial institution. Commercial paper is issued at a discount and matures at face value.

Usually a maximum maturity of 270 days, and given a short-term debt rating by one or more NRSROs.

COUNTY POOLED INVESTMENT FUNDS: The aggregate of all funds from public agencies placed in the custody of the county treasurer or chief finance officer for investment and reinvestment.

COUPON: The annual rate of interest that a bond’s issuer promises to pay the bondholder, expressed as a percentage of the bond’s face value.

CREDIT RISK: Credit risk is the likelihood that an issuer will be unable to make scheduled payments of interest or principal on an outstanding obligation.

CUSTODIAN: An agent such as a broker or a bank that stores a customer’s investments for safekeeping. The custodian does not have fiduciary responsibilities.

DEALER: A dealer, as opposed to a broker, acts as a principal in security transactions, selling securities from, and buying securities for his/her own position.

DEFAULT: To default is to fail to repay principal or make timely interest payments on a bond or other debt investment security, or failure to fulfill the terms of a note or contract.

DELIVERY VERSUS PAYMENT (DVP): A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

DURATION: The weighted average time to maturity of a bond where the weights are the present values of future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates.

FIDUCIARY: An individual who holds something in trust for another and bears liability for its safekeeping.

FLOATING RATE INVESTMENTS: Notes whose interest rate is adjusted according to the interest rates of other financial instruments. These instruments provide protection against rising or falling interest rates, but may pay lower yield than fixed rate notes.

FUTURES: Commodities, which are sold in the present time and are to be delivered at a future date.

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INTEREST ONLY STRIPs: Securities with cash flow based entirely on the monthly interest payments received from a mortgage, Treasury, or bond payment. No principal is included in these types of securities.

INVERSE FLOATING RATE INVESTMENTS: Variable-rate notes (such as inverse floating rate notes) whose coupon and value increase as interest rates decrease.

INVESTMENT PROGRAM: The process of modern portfolio management. The process includes establishing investment policy, analysis of the economic and capital markets environment, portfolio monitoring and rebalancing, and measuring performance.

LIQUIDITY: The ease with which investments can be converted to cash at their present market value. Liquidity is significantly affected by the number of buyers and sellers trading a given security and the number of units of the security available for trading.

LOCAL AGENCY BONDS: These bonds are issued by a county, city, city and county, including a chartered city or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation.

LOCAL AGENCY INVESTMENT FUND (LAIF): A voluntary investment fund open to state and local government entities and certain non-profit organizations in California in which organization pools their funds for investment. LAIF is managed by the State Treasurer’s Office.

MARKET RISK: Market risk is the risk that investments will change in value based on changes in general market prices.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MASTER REPURCHASE AGREEMENT: A written contract which includes provisions specific to the governmental agency that is signed by an authorized officer with each counterparty. A master agreement will often specify details to the nature of transactions, the relationship of the parties to the agreement, parameters pertaining to the ownership and custody of collateral, and remedies in the event of default by either party.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MEDIUM TERM NOTES (MTN): Unsecured, investment-grade senior debt securities of major corporations that are sold either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial FY 2023 2024 - Statement of Investment Policy

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paper, bankers’ acceptances, etc.) are issued and traded.

MORTGAGE-BACKED SECURITIES: A debt instrument with a pool of real estate loans as the underlying collateral. The mortgage payments of the real estate assets are used to pay interest and principal on the bonds.

MORTGAGE PASS-THROUGH SECURITIES: A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

MUTUAL FUNDS: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Money market mutual funds invest exclusively in short-term (1-day to 1-year) debt obligations such as Treasury bills, certificates of deposit, and commercial paper. The principal objective is the preservation of capital and generation of current income.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO): The formal term to describe a credit rating agency that is registered with the U.S. securities and exchange commission's office of credit ratings. Ratings provided by NRSROs are used frequently by investors and are used as benchmarks by federal and state agencies.

Examples include Moody’s, Standard and Poor’s, and Fitch.

OFFER: The price asked by a seller of securities. See Ask Price and Bid Price.

OPTION: A contract that provides the right or obligation, depending on the buyer or seller’s position within the contract, to buy or to sell a specific amount of a specific security within a predetermined time period at a specified price. A call option provides the right to buy the underlying security. A put option provides the right to sell the underlying security. The seller of the contracts is called the writer.

PORTFOLIO: A collection of securities held by an investor.

PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms.

PRINCIPAL ONLY STRIPS: Securities with cash flow based entirely on the principal payments received from an obligation.

RANGE NOTES: A range note is a bond that pays interest if a specified interest rate remains above or below a certain level and/or remains within a certain range.

RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price.

REPURCHASE AGREEMENT (RP, Repo): A contractual transaction between an investor FY 2023 2024 - Statement of Investment Policy

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and an issuing financial institution (bank or securities dealer). The investor exchanges cash for temporary ownership or control of collateral securities, with an agreement between the parties that on a future date, the financial institution will repurchase the securities.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held by the bank in the customer's name.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES AND EXCHANGE COMMISSION (SEC): A federal government agency comprised of five commissioners appointed by the President and approved by the Senate. The SEC was established to protect the individual investor from fraud and malpractice in the marketplace. The Commission oversees and regulates the activities of registered investment advisers, stock and bond markets, broker/dealers, and mutual funds.

STATE OBLIGATIONS: Registered treasury notes or bonds of the 50 United States, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the 50 United States.

STRIPS: Bonds, usually issued by the U.S. Treasury, whose two components, interest and repayment of principal, are separated and sold individually as zero-coupon bonds.

Strips are an acronym for Separate Trading of Registered Interest and Principal of Securities.

SUPRANATIONALS: International financial institutions that are generally established by agreements among nations, with member nations contributing capital and participating in management. Supranational bonds finance economic and infrastructure development and support environmental protection, poverty reduction, and renewable energy around the globe.

TRUSTEE: An individual or organization, which holds or manages and invests assets for the benefit of another. The trustee is legally obliged to make all trust-related decisions with the trustee's interests in mind, and may be liable for damages in the event of not doing so.

U.S. AGENCY OBLIGATIONS: Federal agency or United States government-sponsored enterprise obligations (GSEs), participations, or other instruments. The obligations are issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. Issuers include: Fannie Mae, Farmer Mac, Federal Farm Credit Banks, Freddie Mac, Federal Home Loan Banks, Financing Corporation, Tennessee Valley Authority, Resolution Trust Funding Corporation, World Bank, Inter-American Development Bank, and PEFCO.

U.S. TREASURY OBLIGATIONS (TREASURIES): Securities issued by the U.S. Treasury and FY 2023 2024 - Statement of Investment Policy

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backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the U.S. and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

Treasury Bills: All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury Bills (T-bills). The Treasury currently issues 3-month and 6-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth cash flows.

Treasury Notes: All securities issued with initial maturities of 2- to 10-years are called Treasury Notes (T-notes), and pay interest semi-annually.

Treasury Bonds: All securities issued with initial maturities greater than 10-years are called Treasury Bonds (T-bonds). Like Treasury Notes, they pay interest semi-annually.

WAL: Weighted Average Life: Is the weighted average time for principal repayment, that is, the average time it takes for every dollar of principal to be repaid. The time weights are based on the principal payments, i.e., the years with more principal payments will have a higher weight..

YIELD: The rate of annual income return on an investment, expressed as a percentage.

Yield does not include capital gains.

Income Yield is obtained by dividing the current dollar income by the current market price for the security.

Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

ZERO-COUPON BOND: A bond on which interest is not payable until maturity (or earlier redemption), but compounds periodically to accumulate to a stated maturity amount.

Zero-coupon bonds are typically issued at a discount and repaid at par upon maturity.

CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-008
DATE: January 23, 2024
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Accepting and Appropriating $487,981 in Homeless Housing, Assistance and Prevention (HHAP) Funding to Support Hayward Navigation Center Operations

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $487,981 in California Homeless Housing, Assistance and Prevention (HHAP) funding awarded to the City by Alameda County to support housing and respite services for individuals experiencing homelessness provided by the Hayward Navigation Center. d

SUMMARY
Beginning in fiscal year 2022, the City has received California state Homeless Housing, Assistance and Prevention (HHAP) funding through a subrecipient agreement with Alameda County. The agreement supports the Hayward Navigation Center (HNC) and requires the City to allocate 16 beds at the HNC via the County’s Coordinated Entry System (CES). The initial agreement awarded $589,391 in funding for fiscal years 2020 through 2022. In August 2022, the contract term was extended through fiscal year 2023 with no additional funding. In November 2023, a second amendment to the agreement extended the term of the contract until June 30, 2024, and increased the awarded amount by $487,981, for a total not-toexceed $1,077,375. All HHAP funds are intended for HNC operations.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Accepting and Appropriating $487,981 in Homeless Housing, Assistance and Prevention (HHAP) Funding to Support Hayward Navigation Center Operations

SUMMARY
Beginning in fiscal year 2022, the City has received California state Homeless Housing, Assistance and Prevention (HHAP) funding through a subrecipient agreement with Alameda County. The agreement supports the Hayward Navigation Center (HNC) and requires the City to allocate 16 beds at the HNC via the County’s Coordinated Entry System (CES). The initial agreement awarded $589,391 in funding for fiscal years 2020 through 2022. In August 2022, the contract term was extended through fiscal year 2023 with no additional funding. In November 2023, a second amendment to the agreement extended the term of the contract until June 30, 2024, and increased the awarded amount by $487,981, for a total not-to-exceed $1,077,375. All HHAP funds are intended for HNC operations.

BACKGROUND AND DISCUSSION
On July 13, 2021, the Hayward City Council adopted a resolution authorizing the City Manager to accept and appropriate $589,391 in HHAP funding provided by the State of California’s Homeless Coordinating and Financing Council (HCFC) through Alameda County (“the County”).
1 The award was drawn from Rounds 1 and 2 of the HHAP funding allocated to the County.

1 July 13, 2021 Hayward City Council Meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6230209&GUID=B25EFB97-ADB4-45D7-BC5F0BC0EE034F45

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HHAP is a state program consisting of four rounds of one-time block grant funding provided to counties and selected cities. The funding is intended to support regional coordination and development of local capacity to address homelessness, with a focus on moving individuals experiencing homelessness into permanent housing.

The City was awarded HHAP funding via a subrecipient agreement with the County for housing and respite services to be provided through the HNC. The City agreed to fill 16 beds at the HNC utilizing the County CES over the initial contract term of July 1, 2019, through June 30, 2022. The CES is used by the County to prioritize, identify, and match homeless individuals with supportive services. Per the agreement, the City would provide reporting to the Alameda County Office of Homeless Care and Coordination (OHCC)to ensure compliance with HHAP goals and the terms of the subrecipient agreement. The agreement was amended in September 2022 to extend its term through June 30, 2023. This first amendment to the agreement did not include additional funding for the HNC.

On May 23, 2023, staff reported on HNC operations and funding and notified the Council that the County would award Rounds 3 and 4 of HHAP funding to the City to support continued operations at the Hayward Navigation Center.2 The total award of $487,981 consists of $308,413 of the County’s Round 3 allocation and $179,568 of its Round 4 allocation. Staff advised they would return to Council for authorization to accept and appropriate the additional HHAP award once it became available.

On November 20, 2023, the City and the County executed an amendment to the existing subrecipient agreement, extending the term of the agreement through June 30, 2024, and increasing the award amount by $487,981 for a total not-to-exceed $1,077,375. Staff recommends that Council adopt a resolution authorizing the City Manager to accept and appropriate the $487,981 in HHAP funding.

FISCAL IMPACT
Acceptance of Rounds 3 and 4 in HHAP funding has no impact on the General Fund. Funds will be appropriated into the Local Grants Fund and would support the operation of the HNC in conjunction with existing City and State funding.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect, and Produce Housing, under Project H2: Continue to oversee the operations of the Navigation Center

PUBLIC CONTACT

2 May 23, 2023 Hayward City Council Meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6230209&GUID=B25EFB97-ADB4-45D7-BC5F0BC0EE034F45

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This item is related to the Let’s House Hayward (LHH) Strategic Plan, under Strategy 2.1, to Expand Housing-Focused Shelter Capacity through continued oversight and management of the Hayward Navigation Center. Through the LHH process, the City’s consultant Homebase, City staff, and partners throughout the Hayward community, including those with lived experiences of homelessness, worked together to engage a diverse set of stakeholders to develop the plan.
3 Prepared by: Rick Rivera, Management Analyst
Recommended by: Amy Cole-Bloom, Community Services Manager Regina Youngblood, Assistant City Manager
Approved by:
__________________________________________
Kelly McAdoo, City Manager

3 For more information on the Let’s House Hayward! Strategic Plan process, please visit https://www.haywardca.gov/lets-house-hayward

ATTACHMENT II

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HAYWARDCITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $487,981 IN HOMELESS HOUSING, ASSISTANCE AND

PREVENTION (HHAP) FUNDING TO SUPPORT HAYWARD

NAVIGATION CENTER OPERATIONS
WHEREAS, the HHAP grant administered by the State of California Business, Consumer Services, and Housing Agency (BCSH) provides jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges; and
WHEREAS, the City of Hayward entered into an agreement with the County of Alameda for the allocation of $589,391 in HHAP Round 1 and HHAP Round 2 funds; and WHEREAS, the funds awarded through this agreement were intended to support operations at the Hayward Housing Navigation Center (HNC); and WHEREAS, through HHAP Round 3 the County of Alameda was awarded $11.2 million, and the County of Alameda Continuum of Care was awarded $12.0 million; and WHEREAS, through HHAP Round 4 the County of Alameda was awarded $12.2 million, and the County of Alameda Continuum of Care was awarded $13.0 million; and WHEREAS, the County of Alameda amended its agreement with the City of Hayward for HNC operations by adding $487,981 in HHAP Round 3 and Round 4 funds, changing the total not-to-exceed amount to $1,077,375;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate $487,981 in HHAP funding from the BCSH through the County of Alameda to support the Hayward Housing Navigation Center.

FURTHER, BE IT RESOLVED, that the City Council of the City of Hayward hereby approve the amendment to the FY 2024 budget resolution with the appropriation of $487,981 in the local grant fund.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA , 2024
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 24-016
DATE: January 23, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Extend an Agreement with the Alameda County Probation Department through June 30, 2024, to Provide Services as a Delinquency Prevention Network Youth Service Center and to Accept and Appropriate $297,500 from Alameda County to Fund the Extension

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to extend an agreement with the Alameda County Probation Department through June 30, 2024, to provide services as a Delinquency Prevention Network Youth Service Center, and to accept and appropriate $297,500 from Alameda County to fund the extension.

SUMMARY
Since the 1970s, the Youth and Family Services Bureau (YFSB) has had an annual contract with the Alameda County Probation Department to provide services to the Delinquency Prevention Network (DPN) Youth Service Center. Services provided include crisis intervention, counseling, case management, and diversion programs and the services are provided to youth who are justice system-involved or at elevated risk of system involvement.

In 2018, the City was awarded a three-year contract to continue to provide DPN services with the option to extend for two additional years. In 2021, the contract was extended through June 30, 2023. In December 2022, a Request for Proposals was released soliciting bids to continue to provide DPN Youth Service Center services. The City of Hayward completed the application process and received a Notice of Intent to Award in May 2023. Subsequently, the County received a bid protest from an unsuccessful bidder. On June 14, 2023, the City was notified that rather than executing new contracts for successful RFP bidders, existing DPN contracts would be extended for a six-month period (July 2023 through December 2023) to accommodate the bid protest process. In November 2023, the City was again notified that existing DPN contracts would be extended for an additional six-month period (January 2024 through June 2024) while the bid protest process continued. Additional funding in the amount of $297,500 is being awarded to continue services through the additional six-month extension.

CITY OF HAYWARD Page 1 of 2 Printed on 1/19/2024
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File #: CONS 24-016
Council approval is requested to authorize the City Manager to extend the agreement with the Alameda County Probation Department to continue the important work of providing crisis intervention, counseling, case management and diversion services to youth who are system involved or at elevated risk of justice system involvement.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 2 of 2 Printed on 1/19/2024
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Extend an Agreement With the Alameda County Probation Department Through June 30, 2024, to Provide Services as a Delinquency Prevention Network Youth Service Center and to Accept and Appropriate $297,500 From Alameda County to Fund the Extension

Page 2 of 6 ends

Council approval is requested to authorize the City Manager to extend the agreement with the Alameda County Probation Department to continue the important work of providing crisis intervention, counseling, case management and diversion services to youth who are system involved or at elevated risk of justice system involvement.

BACKGROUND
YFSB’s central mission is to ensure Hayward’s richly diverse youth and families feel safe, supported, and experience community connectedness and general wellbeing. YFSB’s groundbreaking model of integrating youth serving systems across Hayward, including embedding mental health clinicians in a police department setting, allows YFSB to meaningfully improve the well-being of youth and families by maintaining alignment across the systems with which families have contact. This is achieved through offering comprehensive, culturally responsive services and opportunities that promote family stability and prevent juvenile justice involvement through empowering families to build on their strengths, supplement needs and create pathways to achieving goals. For nearly 45 years, the Bureau has successfully done this supporting thousands of families to address challenges and improve their individual and family functioning. Less than 10% of youth who participate in YFSB’s services are arrested or re-arrested within one year.

Since the 1970s, YFSB’s core service of providing mental health counseling to youth and families who are either system involved or at elevated risk of system involvement has been primarily funded through an annual contract with the Alameda County Probation Department for Delinquency Prevention Network (Youth Service Center) services.

In the Fall of 2017, the Probation Department in partnership with the Alameda County General Services Agency released a Request for Proposals (RFP) as part of a competitive bid process to identify the most qualified service providers to continue to deliver these services in specified geographic regions County wide. Hayward was identified as Region 8. Through the RFP, the County outlined both general and specific requirements for contractors.

The general requirements specified that services utilize evidence-based practices and incorporate three specific approaches:
- Trauma Informed Care Approach, which recognizes the long-lasting impact of trauma, including historical trauma, and implements services and interventions accordingly; - Positive Youth Development Approach, which values and honors the strengths that youth and families possess as the basis of what is needed to achieve their goals; and - Cultural Responsiveness Approach, which emphasizes the importance of developing policies, systems, and structures that are relevant for families across racial/ethnic identities as well as gender, sexual orientation, language capacity, socioeconomic status, exposure to trauma, migration, and other factors that directly impact culture.

In December 2017, YFSB completed the application and interview process to provide the services outlined above. The submitted proposal was selected and annual funding in the

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amount of $500,000 was awarded. In May 2018, after the conclusion of the competitive bid process, the City received a Standard Services Agreement from the County specifying a threeyear contract award (FY18-FY21) for $1.5 million in total funding with an option to extend an additional two years (FY21-FY23). The contract extension was executed in May 2021 bringing the total amount of funding over the five-year contract term (through June 30, 2023) to $2.5 million, offsetting the cost of the 6.8 FTE (5.0 FTE Family Counselors, 1.0 FTE Counseling Supervisor, and 0.8 FTE Administrative support) required to provide the contracted services.

In December 2022, an RFP was released soliciting bids to continue to provide DPN Youth Service Center services. The City of Hayward completed the application process and received a Notice of Intent to Award in May 2023. Subsequently, the County received a bid protest from an unsuccessful bidder. On June 14, 2023, the City was notified that rather than executing new contracts for successful RFP bidders, existing DPN contracts would be extended for six months (July 2023 through December 2023) to accommodate the bid protest process. In November 2023 the City was notified that the bid protest was ongoing and once again, the current contract would be extended for an additional six-month period (January 2024 through June 2024). Additional funding in the amount of $297,500 is being awarded to continue services through the additional six-month extension.

Program evaluation of YFSB’s Youth Service Center services over the last five years has shown the effectiveness of YFSB’s evidence-based approach. For Youth Service Center cases closed July 2018 to December 2022 (which is the most recently available data), 96% were determined to be successful. 80% demonstrated reduced risk behavior as defined by either improved scores on an evidence-based outcome tool (PCOMS), improved GPA, or improved truancy. 97% were not arrested or incarcerated while receiving services. 99% of participants were not arrested within six months of completing services and 98% were not arrested within 12 months.

DISCUSSION
YFSB’s Youth Service Center services have successfully served Hayward youth and families for more than four decades. At a time when the needs of families are only increasing, it is more important than ever to maintain critical mental health services for youth. Moreover, as the field of law enforcement strives to be responsive to the needs of the community, programs like YFSB that prioritize the use of mental health services can be part of the solution. The services that will be provided under the recommended agreement have been developed in partnership with the Alameda County Probation Department. They reflect best practices for keeping youth positively engaged in the community and preventing involvement with the

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juvenile justice system.1,2 Moreover, the program model allows for universal access to services with all City of Hayward residents being eligible to participate at no cost, regardless of insurance or immigration status. Services like those provided by YFSB have been shown to mitigate the negative impacts of arresting youth during adolescence, including reducing the likelihood of future arrest or incarceration and increasing school enrollment and graduation rates.3
Components of YFSB Delinquency Prevention Network (Youth Service Center) Services (through June 30, 2024)
- Family-focused mental health counseling and crisis intervention for at-risk and system-involved youth ages eight to 18, as well as Transition Age Youth (TAY), ages 18-21 with active probation involvement or non-minor dependents. At-risk and system-involved youth are defined as youth who are habitually truant, youth who runaway, and/or youth at risk of becoming wards under Section 601 and youth described in Section 602 of the California Welfare and Institutions Code; - Support for The Alameda County Crisis Receiving Home that provides receiving capability for police departments and other appropriate community agencies for youth who are beyond parental control and need short-term (72 hour) respite placements; - Case management services to link youth and families to appropriate community resources; and
- Diversion services specifically aimed at diverting identified problem behavior and preventing formal entry into the juvenile justice system.

Youth and Family Services Bureau Program Staff
The YFSB staff are highly qualified to provide the described services. Table 1 below outlines their education and licensure status. Clinical staff range in years of experience from three to 25 years. The YFSB Family Counselors and Clinical Supervisors reflect the diversity of the Hayward community and six are bilingual, bicultural Spanish speakers.

Table 1. YFSB Clinical Staff Training/Licensure
Degree/Licensure Number of Clinical Staff
Licensed Clinical Psychologist 2
Licensed Clinical Social Worker 3
Licensed Marriage and Family Therapist 6
Registered Associate Social Worker earning
hours towards licensure
2 1
Josh Weber, Michael Umpierre, and Shay Bilchik, Transforming Juvenile Justice Systems to Improve Public Safety and Youth Outcomes (Washington, DC: Georgetown University Center for Juvenile Justice Reform, 2018). 2 The Annie E. Casey Foundation. (2018). Transforming Juvenile Probation: A Vision for Getting it Right. Baltimore, MD: Author. Retrieved from https://www.aecf.org/resources/transforming-juvenile-probation/ 3 Cauffman, E., Beardslee, J., Fine, A., Frick, P.J., & Steinberg, L. (2020). Crossroads in Juvenile Justice: The Impact of Initial Processing Decision on Youth Five Years after First Arrest. Development and Psychopathology.

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Program Sustainability
It is anticipated that these programs will continue for many years to come and an increase in funding has been awarded as part of the current contract extension. Continued increases are also expected when the new contracts are executed after the bid protest is resolved. County financing comes from state allocations for Juvenile Probation Activities Funding and the Juvenile Justice Crime Prevention Act and is a recurring expenditure in the County’s operating budget.

The services that will be provided under the recommended agreement are part of the YFSB’s overarching strategy to reduce and prevent juvenile involvement in the justice system by linking youth to services and opportunities that help them stay positively connected with the community. Addressing the root causes underlying youth behavior problems, such as mental health challenges, family functioning issues, school engagement problems, and insufficient access to positive activities and supports are critical components to encourage youth success and prevent contact with law enforcement. For youth who do encounter law enforcement, these services give officers more options and minimize formal processing in the juvenile justice system. This has a clear nexus with public safety and contributes to the overall wellbeing of Hayward families.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, this item relates to Project Q17: Continue to provide family support programs through the Youth and Family Services Bureau.

FISCAL IMPACT
With the additional $297,500 awarded as part of the recommended amendment, the City will receive a total of $3,047,500 for DPN Youth Service Center services from July 2018 through June 2024, spanning six fiscal years. The 6.8 FTE required to provide the services discussed above are included in the City’s FY 2024 Operating Budget; accepting and appropriating these funds will help to offset the cost of these positions. While the revenue from these agreements does not fully cover the cost of the positions, the costs are further offset by additional revenue from the Medical Administrative Activities (MAA) program. Any remaining net costs to the City General Fund are already included in the budget.

NEXT STEPS
If the Council authorizes this action, staff will work to: 1) Extend and amend the agreement with Alameda County Probation Department for Delinquency Prevention Network (DPN) Youth Service Center services through June 2024; and 2) accept and appropriate $297,500 and 3) continue providing essential mental health services to Hayward youth and families.

Prepared by: Perla O’Shea, Management Analyst
Emily Young, YFSB Administrator

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Recommended by: Bryan Matthews, Chief of Police
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARDCITYCOUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND AN

AGREEMENT WITH THE ALAMEDA COUNTY PROBATION DEPARTMENT
THROUGH JUNE 30, 2024, TO PROVIDE SERVICES AS A DELIQUENCY

PREVENTION NETWORK YOUTH SERVICE CENTER AND TO ACCEPT AND APPROPRIATE $297,500 FROM ALAMEDA COUNTY TO FUND THE

EXTENSION
WHEREAS, the Hayward Police Department’s Youth and Family Services Bureau (YFSB) has a long-standing history of providing delinquency prevention services to youth and families at risk of juvenile justice involvement; and WHEREAS, in 2018, the YFSB was awarded a three-year contract with the Alameda County Probation Department to continue providing services as a Delinquency Prevention Network Youth Service Center; and
WHEREAS, in 2021, the contract was extended through June 30, 2023; and WHEREAS, in December 2022, a Request for Proposal was released by Alameda County Soliciting bids to continue to provide services as a Delinquency Prevention Network Youth Service Center, which the City was awarded; and
WHEREAS, on June 14, 2023, the City was notified that rather than executing a new contract to provide services as a Delinquency Prevention Network Youth Service Center, existing contracts would simply be extended, to help accommodate a bid protest process related to a bid protest Alameda County received; and
WHEREAS, in November 2023, the City was notified that a second contract extension of an additional six months would be awarded to continue to provide services as a Delinquency Prevention Network Youth Service Center while the bid protest process continued; and
WHEREAS, extending and amending the agreement with the Probation Department is necessary to continue to provide these services and generate the associated revenue.

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute contracts, and any supporting documents, with the Alameda County Probation Department for services provided by the Hayward Police Department’s Youth and Family Services Bureau; and hereby approves the amendment of the City of Hayward Budget Resolution by accepting and appropriating grant funds in the amount of $297,500.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024 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 24-017
DATE: January 23, 2024
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $25,000 in Grant Funding from the Eden Health District for the Purchase of Video Laryngoscopes for the Hayward Fire Department

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $25,000 in grant funding from the Eden Health District for the purchase of video laryngoscopes for the Hayward Fire Department.

SUMMARY
The Hayward Fire Department has been awarded a $25,000 grant from the Eden Health District that is to be applied to the purchase of video laryngoscopes for emergency medical personnel. The purchase requires minimal additional funds from the City and will be covered by the existing Fire Department budget.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $25,000 in Grant Funding From the Eden Health District for the Purchase of Video Laryngoscopes for the Hayward Fire Department

BACKGROUND AND DISCUSSION
The Eden Health District (District) was established in 1948 by the residents of Castro Valley, Hayward, San Leandro, and San Lorenzo, to build and operate Eden Hospital. They have since continued to fund public health projects to assist local communities in providing necessary health services. The District has invested more than $100 million to advance the health and well-being of residents within their boundaries. They have included a grant program to agencies serving those communities, and annually fund $25,000 grants for health-related initiatives.

The Hayward Fire Department has been awarded one of this year’s grant for the purchase of video laryngoscopes for all fire apparatus in use. This addition will allow for a more successful first-time intubation rate for patients in need. By adding a crucial improvement to airway establishment successful intubation will increase, allowing for additional life-saving care to progress. Statistically speaking, the first-pass success rate for intubations that include a video laryngoscope ranges from 85%-98%, per an extensive study performed by a compilation of

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qualified studies completed by The British Journal of Anesthesia1. By incorporating the video element into the standard practice of establishing airways for patients, the success rate of first-time intubation will increase by 14% on average. Increasing the success rate of first-time airway establishment will decrease the risk of dental trauma, decrease contamination of instruments, and decrease airway inflammation and injury.

FISCAL IMPACT
The acceptance and appropriation of this grant will allow for the purchase of medical equipment otherwise purchased with the use of the Department’s existing budget. This grant does not require a match and therefore will have no significant impact on City funds. Bids are currently being sourced, and any overage needed will be paid by the existing Hayward Fire budget and is expected to be minimal.

PUBLIC CONTACT
No public contact is needed for this item.

NEXT STEPS
If Council adopts the resolution to appropriate funds, staff will route the agreement to be executed by the City Manager to continue with the purchasing protocol to complete the purchase. Staff will then coordinate with the approved and chosen provider for delivery and implementation.

Prepared by: Lauren Dekas, Management Analyst
Recommended by: Garrett Contreras, Fire Chief
Approved by:
_________________________________
Kelly McAdoo, City Manager

1 https://www.sciencedirect.com/science/article/pii/S0007091217303653

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $25,000 IN GRANT FUNDING FROM THE EDEN HEALTH

DISTRICT FOR THE PURCHASE OF VIDEO LARYNGOSCOPES FOR THE

HAYWARD FIRE DEPARTMENT
WHEREAS, the Hayward Fire Department has been selected as the recipient of the Eden Health District’s annual $25,000 grant for health-related initiatives; WHEREAS, the Hayward Fire Department intends to use the awarded grant funding to purchase video laryngoscopes for the Fire Department, equipment which has been proven to increase the success rate of first-time intubation, while reducing associated damage and trauma associated with the procedure;
WHEREAS, the Hayward Fire Department will source an appropriate video laryngoscope provider and follow purchasing guidelines.

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following findings and takes the following actions: 1) That the City Manager is authorized and directed to accept and appropriate $25,000 in grant funds from the Eden Health District for the purchase of video laryngoscopes for use by the Hayward Fire Department; 2) amend the FY 2024 budget resolution by accepting and appropriating the $25,000 in grant funding .

ATTACHMENT II

Page 2 ends

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024 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 24-023
DATE: January 23, 2024
TO: Mayor and City Council
FROM: Maintenance Services Director

SUBJECT
Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the Cinema Place Parking Garage Project No. 07204 in an Amount Not-to-Exceed $160,000 and Transfer and Appropriate $160,000 from the General Fund to the Facilities Capital Improvement Fund

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a contract with Newton Construction & Management for the Cinema Place Parking Garage Project No. 07204 in an amount not-to-exceed $160,000 and transferring and appropriating $160,000 from the General Fund to the Facilities Capital Improvement Fund.

SUMMARY
The Cinema Place Parking Garage is located at 22695 Foothill Blvd, this parking facility is utilized by patrons of the Cinemark Century Theater and Downtown businesses. Built in 2007, this facility needs a series of capital repairs that have developed over the past 17 years of public use. During Facilities Management preventative maintenance inspection, staff identified a handful of locations which had fractured concrete infrastructure. Facilities Management contracted with a structural engineer to perform a structural and seismic assessment of the entire parking garage facility. The engineer’s structural assessment identified and recommended the appropriate type of repair to the areas with failing structural concrete. The proposed scope of work will include the repairs to both existing staircases, as each show obvious signs of fracturing and are causing spalling (concrete failure).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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DATE: January 23, 2024
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 Newton Construction & Management for the Cinema Place Parking Garage Project No. 07204 in an Amount Not-to-Exceed $160,000 and Transfer and Appropriate $160,000 From the General Fund to the Facilities Capital Improvement Fund

SUMMARY AND BACKGROUND
The Cinema Place Parking Garage is located at 22695 Foothill Blvd, this parking facility is utilized by patrons of the Cinemark Century Theater and Downtown businesses. Built in 2007, this facility needs a series of capital repairs that have developed over the past 17 years of public use. During Facilities Management preventative maintenance inspection, staff identified a handful of locations which had fractured concrete infrastructure. Facilities Management contracted with a structural engineer to perform a structural and seismic assessment of the entire parking garage facility. The engineer’s structural assessment identified and recommended the appropriate type of repair to the areas with failing structural concrete. The proposed scope of work will include the repairs to both existing staircases, as each show obvious signs of fracturing and are causing spalling (concrete failure).

DISCUSSION
The Cinema Place Parking Garage, located at 22625 Mission Blvd, was constructed in 2007 as a three-level parking structure with 244 parking spaces. The Maintenance Services Facilities Management Division is tasked with all preventative maintenance and component replacement within this facility. Timely preventative maintenance and capital replacement schedules are

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vital to maximizing the useful life of a facility’s overall infrastructure, building systems, and components. The recommended repair scope to this facility includes:
 Concrete Spalling at Stair Landing to Building Column Connections – Carefully remove loose and spalled concrete to reach sound material, clean off rust on the exposed reinforcing steel and apply a concrete patching product. Install a new hotdipped galvanized steel bracket at underside of the stair landing to supply a secondary means of support from the landing to the column and to confine the concrete patch.
 Concrete Spalling at Stair Connection to Second Floor Slab – Carefully remove loose and spalled concrete to reach sound material and clean off rust on exposed reinforcing steel. Apply a concrete patching product and epoxy injection at any joints to mitigate future water infiltration. Install a new hot-dipped galvanized piece of steel angle at the underside of stair to supply a secondary means of support for the stair and to confine the concrete patch.
 Concrete Cracking and Efflorescence at Underside of Stairs – Clean off efflorescence at underside of stairs, remove any loose concrete, and epoxy inject cracks to mitigate further water infiltration.
 Concrete Cracking Below Nosing Strips – Remove loose concrete to reach sound material and apply a concrete patching product and silicone sealant. Ensure that the nosing strip is firmly affixed to the concrete to prevent a tripping hazard.  Weathering of Concrete Stairs and Steel Handrails – Apply an exterior paint system to the steel handrails.
 Remove and reinstall the existing light fixtures in the stairwells as needed to allow for structural repair and painting work.

Overall, once repairs are complete, the Cinema Place Parking Garage will have an improved appearance that is both safe and inviting for the patrons of Cinema Century Theater and visitors to Downtown businesses. This capital project is part of the Facilities’ commitment to provide facilities for the public that are serviceable and in a good state of repair.

Maintenance Services is proposing to use Sourcewell, formerly the National Joint Powers Authority (NJPA), which competitively bids construction tasks with pre-set unit prices and specifications for general construction services including materials, equipment, and labor costs, to contract with Newton Construction Company for the renovations. Sourcewell previously went through a competitive bidding process and awarded a contract to Newton Construction and Management. 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. A job walk was held, and Newton Construction & Management submitted a proposal in the amount of $139,786. Additionally, the City is requesting a project contingency in the amount of $20,214. There is insufficient budget appropriation in the Facilities Capital Improvement Budget to cover the full cost of the $160,000 contract with Newton Construction & Management, staff is requesting a $160,00

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General Fund transfer to Facilities CIP. Staff has reviewed this proposal and recommends a contract award not-to-exceed $160,000.

FISCAL IMPACT
This item will be funded through the General Fund and will have an impact of $160,000. The City maintains the Cinema Place parking garage under a Parking Maintenance Agreement with the lease holder of Cinema Place. The lease holder is responsible for paying for upkeep and any capital upgrades to the garage. On January 8, 20241, the City Council authorized the conveyance of $8.6 million ($8.5 million purchase price and $100,000 for contingency/closing costs) from the City's General Fund to the Hayward Economic Development Corporation for purchase of 1069 B Street, LLC's leasehold interest in the Cinema Place property. As part of the purchase negotiations, the City has agreed to pay for the cost of the parking garage upgrades directly.

The purchase price in the final conveyance agreement has been reduced by $65,000 to reflect the costs of these needed repairs as the prior owner had 50% responsibility for maintenance costs at the garage. The reduction in purchase price does not include the contingency amounts identified in this report.

Staff is requesting a transfer and appropriation from the General Fund to the Facilities Capital Fund in the amount of $160,000 to fully fund the contract.

Cinema Place Parking Garage Repairs
General Fund Transfer to Facilities Capital Fund
Project #07204
$139,786
Contingency $ 20,214
Project Total $160,000

SUSTAINABILITYFEATURES
The City of Hayward is committed to developing projects that are environmentally responsible. Therefore, staff will ensure that the work scope proposed by the contractor incorporates features that are in line with the City’s sustainability guidelines.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure.

NEXT STEPS
If this item is approved, the City Manager will execute a contract with Newton Construction & Management for a not-to-exceed amount of $160,000 to support Project 07204 and staff will transfer and appropriate $160,000 from the General Fund to the Facilities Capital Fund.

1 Hayward City Council Meeting - January 8, 2024 (legistar.com)

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Prepared by: Allen Koscinski, Facilities Manager
Liz Sanchez, Management Analyst II
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. 24-____
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN AGREEMENT WITH NEWTON CONSTRUCTION &
MANAGEMENT FOR THE CINEMA PLACE PARKING GARAGE PROJECT NO. 07204 IN AN AMOUNT NOT-TO-EXCEED $160,000 AND AMENDING THE FY 2024 BUDGET RESOLUTION IN ORDER TO APPROPRIATE AND TRANSFER $160,000 FROM THE GENERAL FUND TO THE FACILITIES CAPITAL

IMPROVEMENT PROJECT FUND
WHEREAS, the Facilities Capital Improvement Program is created to fund facility infrastructure projects with a focus on providing safe, clean and green facilities for employees and the public; and
WHEREAS, built in (2007), the Cinema Place Parking Garage needs maintenance and repairs throughout the building; and
WHEREAS, an assessment of the structural condition of the parking garage was completed in September (2022); and
WHEREAS, the finding revealed areas within the Cinema Place parking structure are in need of urgent repairs; 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 proposes 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

ATTACHMENT II

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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 Sourcewell/NJPA members throughout California, which yielded 32 bids from which Newton Construction & Management was awarded a multi-year contract by Sourcewell; and 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; and
WHEREAS, an additional appropriation is the amount of $160,000 is required to complete the Cinema Place Parking Garage Project No. 07204 in the total amount of $160,000.

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 Cinema Place Parking Garage facilities project by using Sourcewell’s cooperatively purchased contract with Newton Construction & Management, rather than advertising for bids.

BE IT FURTHER RESOLVED, by the City Council of the City of Hayward hereby authorizes the City Manager to negotiate and execute an agreement with Newton Construction & Management, in an amount not to exceed $160,000 for the Cinema Place Parking Garage improvements in a form approved by the City Attorney.

BE IT FURTHER RESOLVED, that the City Council of the City of Hayward hereby approves amending the FY 2024 budget resolution to transfer and appropriate $160,000 from the General Fund to the Facilities Capital Improvement Fund, for a total allocation of $160,000 for the Cinema Place parking Garage Project No. 07204.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024 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 24-024
DATE: January 23, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $506,242.46 in HighwayRailway Crossing Program Funding from the California Department of Transportation for the Preliminary Engineering Phase of the Tennyson Road Rail Crossing Safety Improvement Project

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $506,242.46 in Awarded Section 130 Fund from the California Department of Transportation for Tennyson Road Rail Crossing Safety Improvement Project.

SUMMARY
The Tennyson Road at-grade rail crossing was identified for funding of safety improvements through the Federal Section 130 funds distributed by the California Department of Transportation (Caltrans). The Section 130 program is a federally funded program administered by the States for the elimination of hazards at highway-rail at-grade crossings. Staff recommends adopting the resolution to accept and appropriate the $506,242.46 Federal Section 130 funding awarded to the City from Caltrans.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 1/19/2024
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $506,242.46 in Highway-Railway Crossing Program Funding from the California Department of Transportation for the Preliminary Engineering Phase of the Tennyson Road Rail Crossing Safety Improvement Project

Staff recommends adopting the resolution to accept and appropriate the $506,242.46 Federal Section 130 funding awarded to the City from Caltrans.

BACKGROUND
The State of California, through the California Public Utilities Commission (CPUC) and Caltrans has identified that the Tennyson Road at-grade rail crossing would benefit from the safety improvements fund. The Railway-Highway Crossings (Section 130) Program is a federal program that provides funding to the States on a formula basis. Projects funded through this program are 100% funded for both the railroad and road agency and do not require a local match. These funds are used for safety improvements to reduce the number of fatalities, injuries, and crashes at public railway-highway grade crossings. The Section 130 Program for California is administered by Caltrans and provided through Caltrans Local Assistance.

The Tennyson Road Rail Crossing Safety Improvement Project was previously identified as a grade crossing in need of upgrades and previously managed by the Alameda County Transportation Commission (ACTC) as an element of ACTC’s Rail Safety Enhancement Program (Phase A), which was funded with state and local funds. After the initial obligation of Section 130 funds, ACTC informed Caltrans that they could not receive and

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use the Section 130 federal funds due to ACTC’s consultant teams not being eligible to be reimbursed with federal funds. Therefore, in September of 2023, Caltrans requested the City to manage the project. Caltrans will also separately contract with the Union Pacific Railroad (UPRR) for costs to design and construct UPRR’s improvements at the crossing.

The Tennyson Road rail crossing consists of a four-lane, generally east-west oriented roadway and one track of the UPRR Roseville Division, Niles Subdivision, intersecting at a 100-degree crossing angle. The roadway has a width of 91 feet, which includes 5-foot bicycle lanes in both directions and 18-foot-wide raised concrete medians on both sides of the crossing. There are concrete sidewalk approaches to the crossing. UPRR and Amtrak currently operate trains at the crossing. From October 2016 to June 2023, there were four train-involved reported incidents at the Tennyson Road rail crossing; out of four incidents, two were pedestrians, one was bicyclist and one was a motorist-involved collision. One of two pedestrian and bicyclist incidents resulted in fatality and the motorist collision resulted in injuries.

DISCUSSION
The purpose of the project is to improve multimodal safety at the Tennyson Road at-grade rail crossing. This will be done in multiple ways, through (1) the reduction of queues during peak hours due to the signalized intersection of Whitman Street/Beatron Way and Tennyson Road east of the crossing, (2) improvement of facilities for the significant pedestrian and bicycle traffic at the crossing, (3) improvement of the pedestrian crossing

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on Tennyson Road near the track, and (4) limiting of trespass activities on the railroad right-of-way near the crossing.

The project includes the design and installation of traffic signals located near the railroad crossing to prevent queuing over the tracks, additional warning devices, roadway narrowing to accommodate both vehicular warning devices and pedestrian facilities, and pedestrian and bicyclist facilities improvements. The City’s scope of work for this project includes two phases: preliminary engineering and construction. Under preliminary engineering, the traffic and pedestrian studies will be prepared to develop the design plans.

The $506,242.46 of funding is for the preliminary engineering phase only. Under the Section 130 Program, Caltrans will provide funding for the construction phase at a later date. Additionally, the scope of work for UPRR includes but is not limited to removing and replacing the existing curb- and median- mounted warning devices and installing new warning devices for pedestrians, new concrete surface and requisite track structure, and new signal house and circuitry.

The funding agreement with Caltrans will need to be executed following the approval of this resolution. The budget for the City’s scope of work for the preliminary engineering phase is $506,242.46, which is 100% reimbursement-based after the contract is executed with Caltrans. There will be no contribution required from the City.

ECONOMIC IMPACT
The road users, including motorists, pedestrians, and bicyclists, utilizing the Tennyson Road rail crossing will benefit from a safer and more accessible crossing.

FISCAL IMPACT
The total cost for the City’s scope of work will be fully reimbursed by Caltrans through Federal Section 130 funds. This agenda item requests that the Council authorize the acceptance and appropriation of $506,242.46 to complete the preliminary engineering phase of the project. There is no fiscal impact as this phase will be fully reimbursed by Caltrans through Federal Section 130 funds.

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

Project N1: Continue to implement major corridor traffic calming initiatives.

Project N4: Implement Safe Routes for School, with a focus on Cesar Chavez and Palma Ceia.

SUSTAINABILITY FEATURES
There are no sustainability features associated with this action.

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PUBLIC CONTACT
There is no public contact associated with this action.

NEXT STEPS
If Council approves this request, the City Manager will enter into a funding agreement with Caltrans for a total amount of $506,242.46 Section 130 funds. Once the funding agreement is executed, Section 130 funds will be available to reimburse project costs.

Prepared by: Jade Kim, Assistant Transportation Engineer Byron Tang, Senior Transportation Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $506,242.46 IN HIGHWAY-RAILWAY CROSSING PROGRAM

FUNDING FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION

FOR THE PRELIMINARY ENGINEERING PHASE OF THE TENNYSON ROAD

RAIL CROSSING SAFETY IMPROVEMENT PROJECT
WHEREAS, Tennyson Road at-grade rail crossing was identified for funding of hazard elimination and safety improvements through the Federal Section 130 funds distributed by the California Department of Transportation (Caltrans); and WHEREAS, The Section 130 program is a federally funded program administered by the States for the elimination of hazards at highway-rail at-grade crossings; and WHEREAS, The purpose of the project is to improve safety at Tennyson Road atgrade rail crossing by mitigating existing potential hazards to reduce the chance of future incidents; and
WHEREAS, There will be no matching contribution required from the City; and WHEREAS, The City will contract with Caltrans Division of Local Assistance to design rail safety improvements for the Tennyson Road at-grade rail crossing.

WHEREAS, Caltrans will provide funding for the construction phase at a later date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate $506,242.46 from Caltrans for the Tennyson Road Rail Crossing Safety Improvement Project.

FURTHERMORE, BE IT RESOLVED, that the City Council of the City of Hayward hereby authorized the amendment of the FY 2024 Budget Resolution by increasing the appropriation of $506,242.46 from Caltrans for the Tennyson Road Rail Crossing Safety Improvement Project.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA , 2024.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCILMEMBERS:

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 #: PH 23-054
DATE: January 23, 2024
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Eden Village III: Proposed Demolition of Two Existing Detached Residences and Construction of a New 12 Unit Small Lot Detached Residential Subdivision on a 1.45-Acre Site Located at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers (APNs) 441-0074-009-00 and 441-0074-009-00), Requiring Approval of a Zone Change to Planned Development District, Vesting Tentative Tract Map and Approval of an Environmental Consistency Checklist Associated with Application No. MTA-23-0001. Applicant: Jeffrey Lawrence, Nuvera Homes. Owners: Robert A. Pratt, F TRS Roberta, Anne C. Wu, and Ngai M. Wang

RECOMMENDATION
That the City Council considers the Planning Commission’s recommendation and introduces the Ordinance (Attachment II) approving the Zone Change to a Planned Development District and adopts the Resolution (Attachment III) approving the Planned Development Rezoning, Vesting Tentative Map (Attachment IV) and Consistency Checklist prepared for the project (Attachment V), based on the analysis set forth in the staff report and based on the Findings and subject to the Conditions of Approval contained in the resolution.

SUMMARY
The applicant is requesting approval of a Planned Development Rezoning and Vesting Tentative Tract Map (8670) Application No. MTA-23-0001 to construct 12 detached single-family residential units with a private street and other site improvements at 24764 and 24656 Mohr Drive. The 1.45-acre project site is currently zoned Single-Family Residential -Min. Lot Size - 4,000 sf (RSB4) and Medium Density Residential - Min. Lot Area -3,500 sf (RMB3.5) with a Limited Medium Density Residential (LMDR) land use designation in the Hayward 2040 General Plan.

The project requires a Tentative Tract Map to subdivide the property and a Zone Change from RSB4 and RM3.5 to a Planned Development (PD) District, to allow for exceptions to lot standards, setbacks, and parking location requirements. To offset these exceptions, the development will include an entry pilaster, decorative LED streetlights, greater capacity rooftop solar panels, electric vehicle charging stations, additional rainwater collection barrels, Junior Accessory Dwelling Units (JADUs), security measures for the JADUs, a high strength mailbox in a secure location, a donation of lumber to the La Vista Park CITY OF HAYWARD Page 1 of 2 Printed on 1/19/2024
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File #: PH 23-054
development, reuse of the removed trees on-site, and a programmed common open space area.

ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
Attachment IV Project Plans
Attachment V CEQA Consistency Checklist
CITY OF HAYWARD Page 2 of 2 Printed on 1/19/2024
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DATE: January 23, 2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT: Eden Village III: Proposed Demolition of Two Existing Detached Residences and Construction of a New 12 Unit Small Lot Detached Residential Subdivision on a

1.45-Acre Site Located at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers (APNs) 441-0074-009-00 and 441-0074-009-00), Requiring Approval of a Zone Change to Planned Development District, Vesting Tentative Tract Map and Approval of an Environmental Consistency Checklist Associated with Application No. MTA-23-0001. Applicant: Jeffrey Lawrence, Nuvera Homes. Owners: Robert A. Pratt, F TRS Roberta, Anne C. Wu, and Ngai M. Wang

SUMMARY
The applicant is requesting approval of a Planned Development Rezoning and Vesting Tentative Tract Map (8670) Application No. MTA-23-0001 to construct 12 detached singlefamily residential units with a private street and other site improvements at 24764 and 24656 Mohr Drive. The 1.45-acre project site is currently zoned Single-Family Residential - Min. Lot Size – 4,000 sf (RSB4) and Medium Density Residential – Min. Lot Area -3,500 sf (RMB3.5) with a Limited Medium Density Residential (LMDR) land use designation in the Hayward 2040 General Plan.

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strength mailbox in a secure location, a donation of lumber to the La Vista Park development, reuse of the removed trees on-site, and a programmed common open space area.

BACKGROUND
On September 16, 20141, the City Council approved a Planned Development Rezoning and Tentative Tract Map for the Eden Village I development, located immediately west of the project site. Eden Village I includes 13 detached residences, a tot lot, an outdoor patio, and a private street (Wonderland Way).

On October 29, 20192, the City Council approved a Planned Development Rezoning and Tentative Tract Map for the Eden Village II development, also located immediately west of the project site. Eden Village II includes five detached residences, an open space and continuation of the Eden Village I private street.

On January 11, 2023, the Planning Division received Planned Development Rezoning and Vesting Tentative Tract Map Application No. MTA-23-0001 to construct Eden Village III. The proposed project is a distinct subdivision that serves as a continuation of the Eden Village I and II development pattern. Eden Village I and II are located along Wonderland Way which is directly east of the project site, across Mohr Drive.

On October 12, 20233, the Planning Commission held a public hearing on the proposed project and continued the item to a future meeting to allow the applicant to revise their project based on the Commission’s feedback. Following the hearing, the applicant revised the proposed project and added additional amenities to address the Commission’s feedback.

On December 7, 20234, the Planning Commission held a second public hearing on the proposed project where the Commissioners unanimously recommended the City Council approved the proposed project.

Existing Conditions: The project site is located within the Mt. Eden neighborhood, which is in northwestern Hayward. The site is composed of two existing parcels that total approximately 1.45 acres. Parcel 1 is a rectangular parcel that totals approximately one acre and is located at 24764 Mohr Drive (Assessor’s Parcel Number (APN) 441-0074-009- 00). Parcel 2 is an approximately 0.45-acre rectangular parcel and located directly north of Parcel 1 at 24656 Mohr Drive (Assessor’s Parcel Number (APN) 441-0074-009-00).

Combined, Parcels 1 and 2 extend for approximately 92 feet along Mohr Drive.

1 September 16, 2014 City Council Public Hearing https://hayward.legistar.com/MeetingDetail.aspx?ID=454206&GUID=2BD78C70-06D9- 477E-9D4C-C7ECB646EB6F&Options=info|&Search=Mohr
2October 29, 2019 City Council Public Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=4205895&GUID=A9F6E4D6- BC70-4B72-8430-C0CF0FCF0612&Options=&Search=
3 October 12, 2023 Planning Commission Public Hearing https://hayward.legistar.com/MeetingDetail.aspx?ID=1124737&GUID=67075ADB9355-409C-A805-663A7D025B3D&Options=info|&Search= 4 December 7, 2023 Planning Commission Public Hearing https://hayward.legistar.com/MeetingDetail.aspx?ID=1142163&GUID=F868AFD1- 2E38-4723-A070-A33BEFCF3FEF&Options=info|&Search=

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The project site is generally flat and developed with two detached residences, accessory buildings, landscaping, and paved areas for vehicle and pedestrian access. The residences were likely constructed in 1926. Over time, the residences were altered, and the site contained ancillary agricultural uses and a local trucking business (Parcel 1). Both residences have deteriorated considerably due to vandalism, fire, and exposure to the elements and were ultimately vacated in October 2021 and September 2022. Due to its current condition, the site has had an active Code Enforcement case since April 2021 and two previous encampments of unhoused individuals. Currently, there are no encampments on the site.

The project site is predominantly surrounded by residential uses with the Long Court Townhouses to the northeast, Eden Village I and Eden Village II to the west and detached residences to the south. There are also several non-residential uses abutting the property with a religious facility (Iglesia Ni Cristo) to the north and recreational fields associated with Chabot College to the east.

The project site is located approximately 0.4 miles west of I-880, approximately 0.8 miles north of SR-92 and approximately 0.5 miles east of AC Transit bus routes 60 and 97 on Hesperian Boulevard. Direct vehicular and pedestrian access to the site is along Mohr Drive. Within the vicinity of the site, there are also Class III bicycle routes present on Eden Avenue and Clawiter Road.

DISCUSSION
Project Description: The Eden Village III project proposes to subdivide two existing parcels into 17 parcels to allow for the construction of 12 detached residential units, a common open space and private street that will provide access to the site from Mohr Drive. The project includes a Zone Change from RSB4 District and RMB3.5 District to PD District to allow for exceptions from certain development standards. The proposed detached residential lots would range in size between 2,758 to 4,720 square feet. Additional details on the required and proposed development standards are listed in Table 1 below.

Building Architecture: There are three architectural styles proposed for the development, which include Farmhouse, Cottage, and Craftsman elevations. The architecture includes a variety of pitched gabled roofs with multiple roof planes; varied wall planes of stucco, siding, and/or stone veneer; shutters accenting some windows; and porches. There are six color scheme options that include neutral tones with complementary accent colors. The proposed designs are more modern but still consistent with the previously approved architectural designs for the other Eden Villages projects.

The detached residential units range from 2,124 to 2,489 square feet and will feature two floor plans. Floor Plan 1 has four bedrooms, three bathrooms, a coat closet, a loft, and an open concept living room. Floor Plan 2 has three bedrooms, three bathrooms, a loft, an open concept living room and a JADU. The eight JADUs will each have a kitchenette, an independent exterior entrance, and a bathroom. The doorway connecting the JADU to the

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primary residence will be a solid core door with a double locking (hotel style) dead bolt system.

Parking and Circulation: Each residence will include a two-car garage and 20-foot-long driveway to accommodate two additional vehicles. Along the proposed private street, there will also be six on-street parking spaces for guest parking. The private street, which ranges from 21 to 27 feet wide, will provide two-way vehicular and emergency vehicle access from Mohr Drive and will include a hammerhead allowing for fire apparatus turnaround. Along the southern side of the private street, there will also be a new four-foot-wide sidewalk that provides pedestrian access to the site and open space areas. A stone veneer pilaster with signage is proposed at the entrance to the subdivision and the private street will include decorative LED streetlights.

Mailbox: Based on Commission feedback, the mailbox was relocated from the frontage along Mohr Drive to the common open space area near the rear of the project site. The new mailbox location will be in view of several residences, providing for more “eyes on the street5”. It will also be on a dead-end street, rather than a thoroughfare, making it hard to break into unnoticed. The cluster mailbox was upgraded to a higher strength model made of heavy-duty aluminum with stainless steel hardware.

Landscape and Open Space: New landscape plantings are proposed along Mohr Drive, in front yards, common open space areas and along the northeastern side of private street.

The plantings will include a variety of drought-tolerant shrubs and groundcovers consistent with the Bay Friendly Water Efficient Landscape Ordinance6. The project proposes 45 trees total, with 15 existing trees to be preserved and 30 new trees to be planted. The tree species include western redbud, crape myrtle, flaxleaf paperbark, flowering plum, chinese pistache, and coastal live oak. The project also proposes the removal of 47 protected trees, which is discussed in greater detail in the Code Compliance Section below. However, many of these trees will be reused on- and off-site. As such, usable lumber selected by City staff from the removed trees will be donated to the La Vista Park Development for benches and seating.

Abutting the Chabot recreational fields, the project proposes an approximately 2,837 square foot common open space area bound by a wooden corral fence. The open space is centered around an existing 77-inch diameter redwood tree and includes a mix of permeable pavers, turf block, and native plantings. To ensure the protection of the 77-inch diameter redwood, a rolled curb was added at the end of the street to further limit grading in and around the dripline of the tree. Several large boulders will also be placed to provide protection for the base of the tree.

5 “Eyes on the Street”, popularized by Urbanist Jane Jacobs, is a planning concept which notes that residents monitor the street in the course of their activities therefore making the street safer.
6 Bay Friendly Water Efficient Landscape Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART12BIEWAEFLA OR

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The common open space will be programmed with two benches, a picnic table, a decorative trash receptacle, planters, a community art sign with a plaque, a tic-tac-toe playboard, percussion play equipment, and a precast concrete corn hole game. The benches, picnic table, planters, and community art sign will be refashioned from any remaining usable lumber from the removed trees. The plaque will commemorate the 77-inch diameter preserved redwood on site as it is one of the largest trees in the Eden Valley area and nature’s unmatched Public Art project. If there is no remaining usable lumber on-site, these items will be constructed out of reclaimed lumber. Illustrations of these elements are shown on Sheet L2-L3 in Attachment IV. The remaining branches and leaves will be processed and used as mulch in the common open space and residence’s yards.

Lastly, there are three bioretention areas planned for the project: two along Mohr Drive and one located in the southeastern corner of the site. The bioretention areas will provide a total area of 1,135 square feet of storm water treatment and connect to a new storm drain in accordance with the Municipal Regional Stormwater Permit (MRP) C.3. requirements7.

These areas will also be planted with a mixture of shrubs and groundcovers.

Utilities: The existing utilities that serve the project site, including sanitary sewer, water, and storm drain systems, have sufficient capacity to adequately serve the proposed development. A new eight-inch sanitary sewer line, eight-inch water line and twelve-inch storm drain will be installed within the project site and connect to the existing utilities on Mohr Drive.

Homeowners Association: As part of the standard conditions of approval, the project is required to form a Homeowners’ Association (HOA) with required Covenants, Conditions and Restrictions (CC&R’s) to ensure the future homeowners will be responsible for maintaining all the project components, including the private street, utilities, and other privately owned common areas and facilities on the site, including landscaped areas, stormwater detention areas, preservation and replacement of trees, and decorative paving.

Policy Context and Code Compliance
Hayward 2040 General Plan: The project site is designated for Limited Medium Density Residential (LMDR) land uses in the Hayward 2040 General Plan, which allows residential densities ranging from 8.7 to 12.0 dwelling units per acre. This land use designation allows for detached residential units, attached residential units and supportive compatible uses. The project is consistent with the Hayward 2040 General Plan in that the development proposes a density of 9.8 dwelling units per acre, consistent with the General Plan. The project is also consistent with the following policies of the General Plan:

1. H-3.1 Diversity of Housing Types. The City shall implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low-density single family uses, moderate-density townhomes, and higher-

7 MRP C3 Requirements: https://www.hayward-ca.gov/sites/default/files/documents/Stormwater-Requirments-C3-Checklist.pdf

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density apartments, condominiums, transit-oriented developments, live-work units, and units in mixed-use developments.

2. H-3.4 Residential Uses Close to Services. The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.

3. LU-1.3 Growth and Infill Development. The City shall direct local population and employment growth toward infill development sites within the city, especially the catalyst and opportunity sites identified in the Economic Development Strategic Plan.

The project’s consistency with the Hayward 2040 General Plan is discussed further in the Resolution (Attachment III).

Zoning Ordinance: The project site is composed of two parcels (Parcel 1 and Parcel 2)that contain different zoning designations. Parcel 1 is located within the RSB4 District where lots 5 through 12 are proposed (see Table 1). Parcel 2 is located within the RMB3.5 District where lots 1 through 4 are proposed (see Table 2). The applicant is requesting to rezone the parcels to PD District to allow for modified development standards related to the lot standards, setbacks and parking as shown in Table 1 and Table 2.

Table 1: RSB4 Zoning Compliance (Parcel 1, Proposed Lots 5-12) Development Standard Requirement Proposed Consistent
Min. Lot Size 4000 sf 2758-4720 sf No
Min. Lot Area Per
Primary Use
4000 sf 2758-4720 sf No
Min. Lot Frontage 35 ft 31.85-49.5 No
Min. Average Lot Width 50 ft 46 ft No
Max. Lot Coverage 40% 32-47% No
Min. Average Lot Depth 80 ft 67.5 ft No
Min. Front Setback 20 ft 11-16 ft No
Min. Side Yard Setback 5 ft 4-5 ft No
Min. Rear Yard Setback 20 ft 10-32 ft No
Height 30 ft 28.6 ft Yes
Min. Driveway Length 20 ft 20 ft Yes
Parking 2 covered and 2 nondriveway uncovered
spaces/unit
2 covered and 2
driveway
spaces/unit
No
Table 2: RMB3.5 Zoning Compliance (Parcel 2, Proposed Lots 1-4) Development Standard Requirement Proposed Consistent
Min. Lot Size 6000 sf 3375-3479 sf No
Min. Lot Area Per
Primary Use
3500 sf 3375-3479 sf No
Min. Lot Frontage 35 ft 43.5-46 ft Yes
Min. Average Lot Width 60 ft 46 ft No
Max. Lot Coverage 40% 44-46% No

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Min. Average Lot Depth 80 ft 67.5 ft No
Min. Front Setback 20 ft 16-19 ft No
Min. Side Yard Setback 5 ft 5 ft Yes
Min. Rear Yard Setback 20 ft 10 ft No
Height 40 ft 28.6 ft Yes
Min. Driveway Length 20 ft 20 ft Yes
Parking 2 covered and 2 nondriveway uncovered
spaces/unit
2 covered and 2
driveway
spaces/unit
No
The proposed PD rezoning would allow for these modifications if they are adequately offset by providing amenities not otherwise required or exceeding required development standards. As such, the project proposes the following amenities:
 Entry pilaster along Mohr Drive that coordinates with Eden Village I and II projects;  Decorative, energy-efficient LED streetlights;
 High-strength cluster mailbox located in a secure location;  Rooftop solar panels exceeding the kilowatt hour requirement of the 2022 California Energy Code by 15 to 20 percent;
 Electric vehicle charging stations in each garage;
 One additional rainwater collection barrel for all residences than required by Code;  Programmed common open space area;
 Donation of lumber from removed trees to the La Vista Park Development;  Reuse of remaining usable lumber from the removed trees for a community art plaque, wood planters, picnic tables and benches in the common open space area;  Reuse of tree limbs and leaves from the removed trees as mulch in the common open space and residence’s yards;
 Protective measures for the existing 77-inch diameter redwood tree;  Eight JADUs; and
 A solid core door with a double locking (hotel style) dead bolt system between the JADU and primary dwelling unit
Per Section 10-1.2535 8of the Hayward Municipal Code, the following findings are required to approve the PD rezoning:

1. The development is in substantial harmony with the surrounding area and conforms to the General Plan and applicable City policies;

2. Streets and utilities, existing or proposed, are adequate to serve the development;

3. In the case of a residential development, that the development creates a residential environment of sustained desirability and stability, that sites proposed for public facilities, such as playgrounds and parks, are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereon,

8 PD Rezoning Findings:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-

1.2500PLDEDIPD_S10-1.2535FIRE

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and the development will have no substantial adverse effect upon surrounding development;

4. In the case of a development in increments, each increment provides a sufficient proportion of total planned common open space, facilities, and services so that it may be self-contained in the event of default or failure to complete the total development according to schedule; and

5. Any latitude or exceptions to development regulations or policies is adequately offset or compensated for by providing functional facilities or amenities not otherwise required or exceeding other required development standards.

The project’s consistency with these Findings is discussed in Attachment III.

Tentative Tract Map: The project proposes to create 17 new parcels, including 12 detached residential lots and five parcels that contain open space, landscaping, and a private street.

The purpose of the Subdivision Ordinance9 is to ensure that all proposed subdivisions are consistent with the procedures, policies, and programs of the Hayward 2040 General Plan, underlying zoning district, and Subdivision Map Act. As such, the following Tentative Tract Map findings are required for the project.

1. The proposed subdivision is not in conflict with the General Plan and applicable specific plans and neighborhood plans;

2. The proposed subdivision meets the requirements of the City Zoning Ordinance; and

3. No approval of variances or other exceptions are required for the approval of the subdivision.

The project’s consistency with these Findings is discussed in Attachment III.

Tree Preservation Ordinance: The proposed project is subject to requirements set forth in the Tree Preservation Ordinance10 to protect significant trees and ensure removal of trees provides benefits for the neighborhood. There are currently 67 trees on the project site; 62 of which are considered “protected” and subject to the Tree Preservation Ordinance. As noted above, the project proposed to remove 47 protected trees, protect 15 existing trees and plant 30 new trees. To mitigate the loss of protected trees, the project will upsize the 30 new trees, include 5,543 square feet of permeable pavement and contribute $44,962 to the La Vista Park development. Due to the site constraints, off-site mitigation in the form of a one-time contribution for tree plantings at the La Vista Park development was included as a condition of approval for the proposed development (Attachment III).

Regional Housing Needs Allocation & Affordable Housing Ordinance: Local jurisdictions report progress annually on meeting their Regional Housing Needs Allocation (RHNA) goals which are included in the City’s Housing Element. The 6th Cycle Housing Element (2023-

9 Subdivision Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART3SUOR 10 Tree Preservation Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART15TRPR_S10-

15.10PUIN

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2031) was adopted by the City Council on February 7, 2023, and subsequently certified by the State Department of Housing and Community Development in July 2023. In the next eightyear cycle (2023-2031), the City is required to build 4,624 units at a variety of income levels.

According to the Housing Element, Appendix C, Table C-3, Planned, Approved and Pending Projects, there are a total of 2,073 units that are approved or otherwise pending at various income levels during the upcoming cycle. The proposed development would add 12 abovemoderate income units and eight JADUs to the City’s above moderate- and moderate-income housing unit totals, respectively.

The proposed project is also subject to the requirements set forth in Hayward Municipal Code Chapter 10, Article 17-Affordable Housing Ordinance11. An applicant may satisfy the requirements of the ordinance by paying an affordable housing in lieu fee or including affordable units within the proposed development. The applicant has elected to pay the applicable in-lieu fees for the project. As conditioned, the affordable housing in-lieu fees shall be paid either prior to issuance of a building permit or prior to approval of a final inspection or issuance of an occupancy permit. The affordable housing in-lieu fee will be used to increase the supply of affordable housing in the city by funding new construction, acquisition of affordability covenants and substantial rehabilitation of existing housing.

Park Impact Fees: Hayward Municipal Code Chapter 10, Article 16 – Property DevelopersObligations for Parks and Recreation12 sets forth the parkland dedication requirements for developments based on the residential unit count. Pursuant to the ordinance, the applicant must pay fees in lieu of land dedication (also referred to as park impact fees). Currently, the park impact fee rates are $18,817 for a three-bedroom unit, and $26,175 for a four-bedroom unit. The proposed development features eight three-bedroom units and four four-bedroom units. As such, the developer would be obligated to pay $255,236 in park impact fees under the current fee rates.

Traffic Impact Fees: Hayward Municipal Code Chapter 10, Article 30 -Property Developers – Traffic Impact Fees13 sets forth traffic impact fees obligations for certain new developments which contribute additional burden upon the City’s local transportation system. Under the current rates, the applicant would have to pay a total of $41,700 in traffic impact fees, $3,475 for each detached residential unit.

Staff believes the City Council can approve of the proposed project based on the analysis below and per the findings and conditions of approval (Attachment III). Staff also believes the project complies with the intent of City development policies and regulations, including the Hayward 2040 General Plan, the Zoning Ordinance, and the Subdivision Ordinance. Key findings from staff’s analysis are described below.

11 Affordable Housing Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART17AFHOOR 12Property Developers – Obligations for Parks and Recreation:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART16PRDEBLPAR E
13 Property Developers- Traffic Impact Fees:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART30PRDERAIMF E_S10-30.00AU

Page 10 of 13 ends

Potential Impacts to Future Residents: As noted in the Public Contact section, Chabot Las Positas Community College District requested future residents be notified about the lighting and noise associated with the active educational, athletic, and community activities that run year-round adjacent to the property. Staff did not include a condition that requires notification as staff believes this is a private matter between property owners and the disclosure of any noise, or other impacts, would already be required as part of sale of the homes between the developer and the new homeowner. Furthermore, staff notes that the proposed residences are setback at least 32 feet from the Chabot College property, which is more than a typical 20-foot rear yard setback requirement of most single-family developments and that this requirement was not conditioned for either Eden Village I or II projects.

Neighborhood Compatibility: Staff believes the project will complement the existing residential neighborhood, which primarily consists of detached single-family homes. Notably, the surrounding developments (Eden Village I and II) which are located to the west, have similar densities and scale to the project being proposed. The proposed development pattern is also in alignment with several General Plan policies that encourage infill development to match surrounding development, including the small lot detached residential subdivisions between West Street and Depot Road. Furthermore, a variety of architectural styles, including farmhouse, cottage, and craftsman, will provide complexity and variation in the development while reflecting surrounding development. These architectural styles are seen along Baron Way, Continental Avenue, Gerald Way, Mohr Drive and West Street. The farmhouse architectural style also serves as an ode to the area’s rich history as a farming community.

The development will also be well-integrated into the existing neighborhood with the new private street and sidewalk connecting residents to local transit, bike facilities and open space.

There are two nearby AC Transit bus routes (60 and 97) on Hesperian Boulevard which residents can use to get to Hayward BART, South Hayward BART, Southland Mall, Bay Fair BART, and Union City BART. There are also Class III bicycle routes present on Eden Avenue and Clawiter Road. In addition to the proposed common open space, there are two public parks (Rancho Arroyo Park and Greenwood Park) within the immediate vicinity of the project site for residents to use. The interconnected nature of the proposed development ensures it will remain a desirable and stable place to live for decades to come.

Planned Development Exceptions and Amenities: As described above, a Zone Change to the PD District is necessary to allow for exceptions to lot standards, setbacks, and parking location requirements. The lot standard exceptions include deviations from lot size, lot area per primary use, lot frontage, average lot width, average lot depth and lot coverage. The setback exceptions range from one to ten feet deviations from the required front, side and rear setbacks.

The Off-Street Parking Regulations currently require that detached residential units that abut a street with no on-street parking lane provide two covered spaces and two uncovered spaces which do not block access to the covered parking. It is important to note the development will provide all 48 required off-street parking spaces and another six perpendicular on-street

Page 11 of 13 ends

parking spaces. The requested exception is only to allow the driveway spaces to count towards the required uncovered parking and these exceptions are necessary in order to construct the small lot subdivision consistent with the abutting Eden Village I and II projects.

Eden Village I and II were granted similar exceptions from lot standards, setbacks, and parking requirements.

To offset these requested exceptions, the project proposes numerous amenities that will improve the neighborhood aesthetics and feel, support City goals towards sustainability and expand the City’s housing stock. The neighborhood aesthetics will be enhanced with the proposed 2,837 square foot common open space area in addition to the proposed stone veneer pilaster with signage and decorative LED streetlights amenities, which help create an inviting entrance for residents.

Other amenities are the inclusion of rooftop solar panels that exceed the kilowatt hour requirement by 15 to 20 percent, electric vehicle chargers in all residence’s garages, an additional rainwater collection barrel for all residences and the reuse of the removed trees.

Based on the 2021 Greenhouse Gas (GHG) Emissions Inventory, 35,844 metric tons of carbon dioxide equivalent come from electricity usage and 345,905 metric tons of carbon dioxide equivalent come from transportation in the city. The proposed project amenities will reduce emissions, bringing the city closer to its goal of reducing GHG emissions by 30 percent below 2005 levels by 2025.

Lastly, the project includes eight JADUs. According to the recently adopted 6th Cycle Hayward Housing Element (Appendix B: Housing Needs Assessment), seniors and college students have more difficulty finding affordable housing. In the City of Hayward, over 27 percent of households include seniors and almost nine percent of households include college students.

These JADUs will be affordable by design and create housing opportunities for these households.

Environmental Review
CEQA Environmental Consistency Checklist. The project’s environmental assessment was completed using a Consistency Checklist (Attachment V), which tiers off the General Plan Environmental Impact Report which was certified by the City Council in 2014 with the adoption of the Hayward 2040 General Plan. The Infill Checklist was prepared in accordance with Public Resources Code Section 21000 et seq. and the CEQA Guidelines, California Code of Regulations Section 15000 et seq.

A Consistency Checklist is intended to streamline the environmental review process for eligible projects by limiting the topics subject to review at the project level where the effects of development have been addressed in an EIR. In accordance with CEQA Guidelines Section 15183, if the project would result in new specific effects or more significant effects, and uniformly applicable development policies or standards would not substantially mitigate such effects, those effects are subject to CEQA. With respect to the effects that are subject to CEQA, the lead agency is to prepare a Mitigated Negative Declaration or EIR if the written checklist shows the effects of the infill project would be potentially significant.

Page 12 of 13 ends

The Consistency Checklist, prepared for the proposed project and included as Attachment V to the staff report, concluded that the project would not have significant effects on the environment that either have not been analyzed in a prior EIR or are more significant than previously analyzed, or that uniformly applicable development policies would not substantially mitigate. Pursuant to Public Resources Code Section 21094.5, such effects are exempt from further CEQA review.

STRATEGIC ROADMAP
This project supports the Strategic Priority of Preserved, Protect and Produce Housing for All; however, it is not tied to implementation of any specific projects.

ECONOMIC IMPACT
The proposed project would result in the redevelopment of an underutilized site in an existing residential setting. The proposed development would connect to existing public utilities and services and is not expected to have a negative result on the City regarding public utilities or public services. Furthermore, the project would result in new residents moving into Hayward, which should generate demand for goods and services, thereby providing stimulus for new or existing jobs and services in the City’s economy.

FISCAL IMPACT
According to the City of Hayward Fiscal Impact Model (2017) prepared by Applied Development Economics, Inc., the project would generate an estimated $24,324 in annual revenue from property and utility user taxes and approximately $23,735 in annual costs related to City Services, resulting in a net positive impact of approximately $589 per year.

SUSTAINABILITY FEATURES
The project includes sustainability features to improve energy efficiency, reduce greenhouse gas emissions and conserve water. All the residences will be fully electric in accordance with Hayward’s Reach Code (also known as the 2022 All-Electric & ElectricReady Ordinance)14. Rooftop solar panels will be installed on all the residences. The solar panels will exceed the kilowatt hour requirement of the 2022 California Energy Code by 15 to 20 percent. Furthermore, an electric vehicle charger will be installed in all residence’s garages exceeding Hayward’s Electric Vehicle Charging Infrastructure requirements15.

As noted previously, the proposed landscaping will be drought resistant in accordance with the Bay Friendly Water Efficient Landscape Ordinance and all the residents will be

14 Reach Code Requirements:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH9BURE_ART82022AECELADOR EWCO
15 EV Charging Infrastructure Requirements:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART2OREPARE_VIII

REEVCHIN

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provided with two 55-gallon rain barrel located at the rear of unit that connects to the gutter downspout. The rain barrels will capture water that can be used to irrigate planting areas and reduce water runoff. The common open space and driveways will have permeable pavement to further reduce water runoff. The site will be graded to ensure the majority of water runoff will be diverted to the three bioretention stormwater treatment areas.

PUBLIC CONTACT
On January 18, 2018, a Notice of Receipt of Application was mailed out to 180 property owners, residents, businesses, and community groups (Mt. Eden Neighborhood Task Force and South Hayward Parish) within 300 feet of the project site. Staff received the one public comment from Chabot Las Positas Community College District requesting future residents be notified about the lighting and noise associated with the active educational, athletic and community activities that run year-round adjacent to the property (see Discussion below for additional information on this topic).

On September 29, 2023, notices of October 12th Planning Commission public hearing were sent to all property owners and residents within a 300-foot radius of the project site and were published in The Daily Review. Staff received the same comment as noted above from the Chabot Las Positas Community College District.

On November 17, 2023, notices of the December 7th Planning Commission public hearing were sent to all property owners and residents within a 300-foot radius of the project site and were published in The Daily Review. Staff received two public comments in support of the project.

NEXT STEPS
If the City Council approves the proposed project, the applicant will apply for all necessary post-entitlement permits to complete their project.

Prepared by: Taylor Richard, Associate Planner
Recommended by: Sara Buizer, AICP, Development Services Director Approved by:
________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 ends

ORDINANCE NO. 24-_
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING

ORDINANCE) OF THE HAYWARD MUNICIPAL CODE REZONING

CERTAIN PROPERTIES TO A PLANNED DEVELOPMENT DISTRICT IN

CONNECTION WITH ZONE CHANGE AND VESTING TENTATIVE MAP
APPLICATION NO. MTA-23-0001 FOR THE EDEN VILLAGE III

DEVELOPMENT
WHEREAS, on January 23, 2024, the City Council held a public hearing and adopted findings in support of the requested zone change;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Provisions.

Chapter 10 of the Hayward Municipal Code is hereby amended to rezone two parcels located at 24656 Mohr Drive (Assessor Parcel No. (APN) 441-0074-030-00) and 24764 Mohr Drive (Assessor Parcel No. (APN) 441-0074-009-00), to a Planned Development District, subject to the findings and conditions of approval set forth in the companion Resolution (No. 24-___) to this Ordinance.

Section 2. Severance.

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

Section 3. Effective Date.

This ordinance shall become effective immediately upon adoption.

ATTACHMENT II

Page 2 ends

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2024, by Council Member __________________________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2024, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: _______________________________________
Mayor of the City of Hayward
DATE: _____________________________________________
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

Page 1 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 24-___
Introduced by Council Member __________

RESOLUTION APPROVING PLANNED DEVELOPMENT ZONE CHANGE AND VESTING TENTATIVE MAP (TRACT 8670) FOR THE EDEN VILLAGE III DEVELOPMENT; AND APPROVING THE RELATED ENVIRONMENTAL
CONSISTENCY CHECKLIST; NUVERA HOMES AND ROBERT A. PRATT, F TRS ROBERTA, ANNE C. 1U AND NGAI M. WANG (APPLICANT/OWNERS) WHEREAS, on January 11, 2023, Jeffrey Lawrence, on behalf of Nuvera Homes, submitted Zone Change and Vesting Tentative Map (8670) Application No. MTA-23-0001, to demolish two existing detached residences and construct a new 12-unit small lot detached residential subdivision on an approximately 1.45-acre site located at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers (APNs) 441-0074-009-00 and 441-0074-009-00); and WHEREAS, an Environmental Consistency Checklist tiering off the Hayward 2040 General Plan EIR was prepared in accordance with Public Resources Code Section 21000 et seq. and the CEQA Guidelines, California Code of Regulations Section 15000 et seq. and concluded that the proposed development would not have any significant effects on the environment that either: 1) have not already been analyzed in prior EIRs, or 2) that are more significant than previously analyzed, or 3) that uniformly applicable development policies would not substantially mitigate (referred to in the Environmental Consistency Checklist and Conditions of Approval as Standard Conditions of Approval or SCAs); and WHEREAS, on October 12, 2023, the Planning Commission held a duly noticed public hearing on the proposed project and continued the item to allow the applicant to revise their project based on Commission’s feedback; and WHEREAS, on December 7, 2023, the Planning Commission held a duly noticed public hearing on the proposed project and voted 4:0:2 to recommend City Council approval of the project; and
WHEREAS, on January 12, 2024, notice of the City Council public hearing related to the proposed project was mailed to all property owners and residents within 300 feet of the project site as well as those who requested such notice; and was published in The Daily Review; and
WHEREAS, on January 23, 2024, the City Council held a public hearing and accepted public testimony on the proposed project.

ATTACHMENT III

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Hayward City CouncilJanuary 23, 2024

Hayward City Council
January 23, 2024