Agenda Packet — Hayward City Council, January 30, 2024 (part 1 of 5)

Tuesday, January 30, 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

January 30, 2024City Council Agenda

SPECIAL 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/84408685114?
pwd=M-v9vFnH9aie_1ZRcYC3DNLLu-M0MMm9GDQ._XWMf5wQ2H0Xa9Ud Meeting ID: 844 0868 5114
Password: CC1/30@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 844 0868 5114
Password: 9564324013
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Bonilla Jr.

ROLL CALL

PRESENTATION

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January 30, 2024City Council Agenda
Police Chief Toney Chaplin Retirement Commendation

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
Adopt 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
CONS 24-0421.

Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
Adopt a Resolution Accepting the Resignation of Commissioner Aidan Ali-Sullivan from the Planning Commission, Effective Immediately
CONS 24-0382.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter

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January 30, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $200,000 in Donations and Fee Revenue for the Animal Shelter for Fiscal Year 2024
CONS 24-0063.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to (1) Extend and Amend the Agreement with Advocates for Human
Potential, Inc. for the California Department of Healthcare Services, Behavioral Health Justice Intervention Services Project; and (2) Accept and Appropriate Additional Funding in the Amount of $876,546
CONS 24-0364.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $709,000 in Grant Funding from the Office of Justice Programs - Byrne Discretionary Community Project Funding Program for the Hayward Evaluation and Response Teams (HEART) Program Operations
CONS 24-0375.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with NHA
Advisors, LLC for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Funding Consulting Services in an Amount Not-to-Exceed $85,000 for the Water Pollution Control Facility (WPCF) Improvements - Phase II Project CONS 24-0396.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Approve and Appropriate $60,000 to Implement A Bench for Every Bus Stop Pilot Program Project No. 05343
CONS 24-0407.

Attachments: Attachment I Staff Report
Attachment II Resolution

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January 30, 2024City Council Agenda
Adopt a Resolution Approving Garbage and Recycling Rate Adjustment for 2024-2025
CONS 24-0418.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III WMAC Rates Survey
Adopt a Resolution Authorizing the City Manager to Negotiate an Agreement with Stryker Corporation for the Purchase of Lucas Chest Compression Devices for the Hayward Fire
Department in an Amount Not-to-Exceed $384,836
CONS 24-0439.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Ratifying Updates to the Council
Appointments List
CONS 24-04910.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Council Appointments List - January 25, 2024

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January 30, 2024City Council Agenda

PUBLIC HEARING
1103 Walpert Street Rezoning: Proposed Zone Change of a

4.1-Acre Site Located at 1103 Walpert Street (Assessor’s Parcel Number (APN) 445-0040-003-03), from Planned Development (PD) District to Medium Density Residential (RM) District Consistent with the Medium Density Residential Land Use Designation, and Finding that No Further Environmental
Review is Required Pursuant to the California Environmental Quality Act; Application No. MTA-23-0005. Applicant: Ronald Luter, Arc of the East Bay. Owners: Arc of the East Bay (Report from Development Services Director Buizer)
PH 24-00211.

Attachments: Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
Attachment IV Proposed Zoning Map
Hayward 2040 General Plan: Adopt Resolutions Amending the Hayward 2040 General Plan to Include the Updated Climate Action Plan, an Amended Hazards Element, and a New
Environmental Justice Element; and Approval of Related
Environmental Analysis Prepared Pursuant to the California Environmental Quality Act (Report from Public Works Director Ameri)
PH 24-00312.

Attachments: Attachment I Staff Report
Attachment II Resolution CAP
Attachment III Resolution Hazards and EJE
Attachment IV Public Comments & City Responses
Attachment V Final CEQA GHG Emissions
Attachment VI General Plan Implementation Programs
Attachment VII Final Initial Study and ND for CAP and EJE Attachment VIII CEQA Addendum to CAP
Attachment IX Draft CAP with Appendices
Attachment X Draft Hazards Element and Tech Reports
Attachment XI Draft EJE & Technical Report

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January 30, 2024City Council Agenda

LEGISLATIVE BUSINESS
Housing Emergency: Adopt a Resolution Declaring a State of Emergency on Homelessness, Temporarily Suspending
Applicable Local Planning and Zoning Requirements for
Publicly Owned Property and Specified Private Property to Enable Flexible Responses to the Homelessness Crisis, and Determining that the Common Sense CEQA Exemption Applies (Report from Assistant City Manager Youngblood)
LB 24-00413.

Attachments: Attachment I Staff Report
Attachment II Resolution

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

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

ADJOURNMENT
NEXT MEETING, February 6, 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.

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January 30, 2024City Council Agenda

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-042
DATE: January 30, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt 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

RECOMMENDATION
That the Council adopts the Ordinance introduced on January 23, 2024.

SUMMARY
This item entails adoption of 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, introduced on January 23, 2024, by Council Member Bonilla Jr.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Published Ordinance
CITY OF HAYWARD Printed on 1/26/2024Page 1 of 1
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt 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

RECOMMENDATION

That the Council adopts the Ordinance introduced on January 23, 2024.

SUMMARY

This item entails adoption of 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, introduced on January 23, 2024, by Council Member Bonilla Jr.

BACKGROUND

The Ordinance was introduced by Council Membe r Bonilla Jr., at the January 23, 2024 , 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.

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FISCAL IMPACT

There is no fiscal impact associated with this report.

PUBLIC CONTACT

The summary of the Ordinance was published in the Daily Review c/o Bay Area News Group- East Bay on Friday, January 26, 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

PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE

CITY COUNCIL OF THE CITY OF HAYWARD

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE) OF THE

HAYWARD MUNICIPAL CODE REZONING CERTAIN PROPERT IES TO A PLANNED

DEVELOPMENT DISTRICT IN CON NECTION WITH ZONE CHANGE AND VESTING TENTATIVE MAP APPLICATION NO . MTA -23-0001 FOR THE EDEN VILLA GE III

DEVELOPMENT

WHEREAS, on January 23, 20 24, 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 2 4656 Mohr Drive (Assessor P arcel No. (APN) 441-0074- 030-00) and 24764 Mohr Drive (Assessor P arcel No. (APN) 441-0074-009-00), to a Planned Development District, subject to the findings and condi tions of approval set forth in the companion Resolution 24-011 to this Ordinance.

Section 2. Severance. Should any part of this ordinance be declared by a final decision by a court or t ribunal of competent jurisdiction to be unconstitutional, inv alid or beyond authority of the City, such decision shall not affect the validity of the remainder of this ordinance, which shall cont inue in f ull force and effect, provided the remainder of the ordinance, absent the excised portion, can be reasonably inte rpreted t o give effect to intentions of the City Council.

Section 3 . Effective Date . This ordinance shall become effective immediately upon adoption.

Introduced at a regular meeting of the City Council of the City of Hayward, held the 23 day of January, 2024, by Council Member Bonilla Jr.

This Ordinance will be considered for adoption at a special meeting of the Hayward City Council, to be held on January 30, 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 examin ation by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.

Dated: January 26, 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 24-038
DATE: January 30, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Commissioner Aidan Ali-Sullivan from the Planning Commission, Effective Immediately

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Aidan Ali-Sullivan from the Planning Commission, effective immediately.

SUMMARY
Commissioner Aidan Ali-Sullivan was appointed to the Planning Commission on September 15, 2020. Mr.

Aidan Ali-Sullivan’s resignation becomes effective immediately, per his resignation letter (Attachment III).

Mr. Ali-Sullivan’svacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt a Resolution Accepting the Resignation of Commissioner Aidan Ali - Sullivan from the Planning Commission, Effective Immediately

RECOMMENDATION

That the City Cou ncil a dopts a resolution (Attachment II) accepting the resignation of Commissioner Aidan Ali-Sullivan from the Planning Commission, effective immediately.

SUMMARY AND DISCUSSION

Commissioner Aidan Ali-Sullivan was appointed to the Planning Commission on September 15, 20 20. Mr. Ai dan Ali -Sullivan’s resignation becomes effective immediately, per his resignation letter (Attachment III).

Mr. Ali-Sullivan’s vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC INITIATIVES

The agenda item is a routine operational item and does not re late 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 AIDAN ALI -SULLIVAN

FROM THE PLANNING COMMISSION

WHEREAS, Aidan Ali-Sullivan was appointed to the Planning Commission on September 15, 2020; and

WHEREAS, Aidan Ali-Sullivan submitted a resignation letter on January 12, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Aidan Ali-Sullivan; and commends him for his 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
January 12, 2024
Dear Ms. Lens,
I want to provide a personal update and give notice that I plan to resign from the Hayward Planning Commission, effective January 31, 2024. In this regard, please see the below message I shared at our most recent Planning Commission meeting. I would be grateful if you can share this with the City Council.
—
I would like to provide a personal update and inform my fellow Commissioners that I plan to resign from the Planning Commission effective the end of January. This was not a decision that I took lightly, and I will greatly miss serving on the commission. It has been an honor and a privilege to serve as a commissioner, particularly over the last year as chair. I want to thank city staff and my fellow commissioners for all their support, friendship, and mentorship in this unique role we serve in, and I want to thank the previous Council who put their faith in me by appointing me to this role three and a half years ago. Thank you to my family for their support, my wife, my parents, my niece, who all have often been the lonely single members of the audience at some of my meetings, and for their support.

I have done my best to weigh each project that comes our way to the standard of what is in the best interest of the City of Hayward and its residents, and I am proud of the work I have been a part of through this process. I set out to join the Commission to satisfy my desire to give back to the city and to my community- and I felt that serving on this body would be a unique way to meld my professional and academic backgrounds. As I step away from this position, I am certain the city is in good hands. In my time alone, I have seen 4 of my fellow Commissioners join the City Council; I have no doubt this body before us will continue to produce leaders of our city in the future and I will be cheering you all on. I would leave by simply sharing with my fellow commissioners that you have a unique platform- don’t think your voice is too small - stand up for what is right in what you believe in- here in Hayward and globally. And thank you for all this role has given to me.

With Appreciation,
Aidan Ali-Sullivan
Chair, Hayward Planning Commission

ATTACHMENT III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-006
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $200,000 in Donations and Fee Revenue for the Animal Shelter for Fiscal Year 2024

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $200,000 in donations and fee revenue for the Animal Shelter for Fiscal Year 2024.

SUMMARY
Community members, businesses, and organizations routinely provide monetary donations to the Hayward Animal Shelter to support various necessary expenditures such as veterinary care, spay and neuter services, feline Trap-Neuter-Return programs, and subsidies for low to no cost adoptions. Each of the donations and fees, regardless of the amount, require Council approval to be appropriated and used to support the Animal Shelter. For smaller donations, the approval process can cost more in staff time than the funds received.

Staff requests Council approve and appropriate up to $200,000 in donations and fee revenue for the Hayward Animal Shelter in fiscal year 2024. Staff does not anticipate receiving more than $200,000 in donations and fee revenue this fiscal year but if it does, staff will return to Council to request an increase of the appropriation.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/26/2024Page 1 of 1
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $200,000 in Donations and Fee Revenue for the Animal Shelter for Fiscal Year 2024

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $200,000 in donations and fee revenue for the Animal Shelter for Fiscal Year 2024.

SUMMARY

Community members, businesses, and organizations routinely provide monetary donations to the Hayward Animal Shelter to support various necessary expenditures such as veterinary care, spay and neuter services, feline Trap-Neuter-Return programs, and subsidies for low to no cost adoptions. Each of the donations and fees, regardless of the amount, require Council approval to be appropriated and used to support the Animal Shelter. For smaller donations, the approval process can cost more in staff time than the funds received.

BACKGROUND AND DISCUSSION

The Hayward Animal Shelter (“the Shelter”) routinely receives donations by residents and organizations to support the animals, services, and programs the Shelter provides such as veterinary care, spay and neuter services, the feline Trap-Neuter-Return program, and low to no-cost adoptions. As indicated above, each donation received requires Council approval to be appropriated and used, regardless of the amount of the donation. This means that for smaller donation items, the approval process may cost more in staff time than funds received.

Thus, staff utilizes the process of seeking Council’s approval for the appropriation of donations up to a certain amount, avoiding the need to come to Council each time a small donation is received.

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The Hayward Animal Shelter currently deposits revenue into three account strings; two are for donations and one is for fee revenue. One of the donation project accounts is used for veterinary care for shelter animals and the subsidizing of spay and neuter services for adopted animals as well as subsidization for occasional free adoptions. Another donation account supports the feline Trap-Neuter-Return program. When community members find a healthy stray cat in their neighborhood, they can bring the cat into the shelter to be spayed or neutered as part of the feline Trap-Neuter-Return program. There is a fee charged to the community member to help cover half of the cost of the spay or neuter service for the cat. The remaining cost to spay or neuter the cat is subsidized by donations.

The reasons for these subsidies are the rising costs of veterinary care and spay and neuter services. Even though costs have increased, the animal shelter has not increased the fees charged to adopt an animal from the Hayward Animal Shelter. The Animal Shelter’s fees must remain competitive with surrounding shelters to help the animals in the Hayward shelter find a forever home. Raising the adoption fees could result in community members adopting animals from other shelters where costs are lower. This, in turn, increases costs incurred by the shelter to maintain and provide care for the animals.

The third account is for fee revenue. When the shelter brings in animals who are impounded and unaltered (not spayed or neutered), the owners must pay a state-mandated fee to have their animals released back to them. This program account is also used to collect revenue from spay and neuter vouchers purchased by community members. The community members purchase spay and neuter vouchers from the shelter and take the vouchers to a participating veterinary provider for reduced-cost spay and neuter services. The veterinary provider then invoices the shelter for this service, and the money collected from the community members when they bought the voucher is used to pay the provider's bill from this account. Adoption fees are also deposited into this account and are used to pay for the spay or neuter service for the animal. The total cost of the services provided to the adopted animal is paid for with the adoption fees as well as subsidization from the donations mentioned above.

The expenses incurred by the Animal Shelter have increased each fiscal year and it is anticipated that the revenue received via donations and fees will increase as well. In FY 2022, the Animal Shelter received $185,036.65 in donation and fee revenue and spent $182,836.88.

The remaining revenue was carried forward into the following fiscal year to help cover the cost of the above-mentioned subsidies. In FY 2023, the Animal Shelter received $181,441.79 in donation and fee revenue and spent $183,724.18.

Based on the above, staff recommends that Council authorize the City Manager to accept and appropriate up to $200,000 in donation and fee revenue to support the services and programs offered by the Hayward Animal Shelter. Staff does not anticipate receiving more than $200,000 in donation and fee revenue in FY 2024, but if donation funding received exceeds $200,000, staff will return to Council to increase the appropriation request. As of January 19, 2024, the Hayward Animal Shelter has received $114,483.60 in donation and fee revenue.

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STRATEGIC ROADMAP

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

FISCAL IMPACT

Donations and fee revenue for the Animal Shelter provide necessary veterinary care for shelter animals, as well as subsidize spay and neuter services for adopted animals, low to no- cost adoptions, and the feline Trap-Neuter-Return program. There is no negative impact on the General Fund by accepting and appropriating these revenues and would, in turn, reduce staff costs related to requesting Council approval for each donation or fee payment received.

NEXT STEPS

If the Council authorizes this action, staff will appropriate donation and fee revenue funding into the Animal Shelter’s project accounts PD004 and PD006, and program 21620 as they are received through the end of FY 2024, in an amount not to exceed $200,000.

Prepared by: Laura Gomez, Senior Management Analyst

Recommended by: Bryan Matthews, Chief of Police

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 UP TO $ 200,000 IN DONATIONS AND FEE REVENUE FOR THE HAYWRD ANIMAL SHELTER FOR FISCAL YEAR 2024

WHEREAS, the Hayward Animal Shelter routinely receives monetary donations from community members, businesses, and organizations; and

WHEREAS, donation and fee revenue received by the Hayward Animal Shelter support various necessary expenditures such as veterinary care, spay and neuter services, feline Trap-Neuter-Return programs, and subsidies for low to no cost adoptions; and

WHEREAS, revenue received, regardless of the amount, requires Council approval in order to be appropriated and used to support these programs; and

WHEREAS, for smaller donations, the approval process could cost more in staff time than the funds received.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward hereby authorizes that the City Manager to accept and appropriate up to $200,000 in donation and fee revenue for the Hayward Animal Shelter for FY 2024.

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 24-036
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to (1) Extend and Amend the Agreement with Advocates for Human Potential, Inc. for the California Department of Healthcare Services, Behavioral Health Justice Intervention Services Project; and (2) Accept and Appropriate Additional Funding in the Amount of $876,546

RECOMMENDATION
That the City Council:

1. Adopts a resolution (Attachment II) authorizing the City Manager to extend and amend the agreement with Advocates for Human Potential, Inc. for the Behavioral Health Justice Intervention Services (BHJIS) Grant Project which provides grant funding to support capacity building, infrastructure development, and direct service for the Hayward Evaluation and Response Teams (HEART) program; and

2. Accepts and appropriates $876,546 to the Federal Grants Special Revenue Fund 220.

SUMMARY
In December 2021, to support capacity building and infrastructure development for the Hayward Evaluation and Response Teams (HEART) program, the City applied for the California Department of Health Care Services (DHCS) Behavioral Health Justice Intervention Services (BHJIS) project, funded by the Substance Abuse Mental Health Services Administration (SAMHSA) through the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA). In February 2022, the City was awarded $389,260 for the initial project period from February 15, 2022 through February 14, 2023.

DHCS contracted with Advocates for Human Potential, Inc. (AHP) as the administrator for the grant. In January 2023, the BHJIS project period was extended through December 31, 2023 and in March 2023, additional funding in the amount of $130,000 was awarded to continue the project through the extended project period. In January 2024, the City was awarded additional funding in the amount of $876,546 and the BHJIS project period was extended through March 31, 2025.

Council approval is requested to authorize the City Manager to extend and amend the agreement with Advocates for Human Potential, Inc. (AHP) to continue the important work of improving the City’s CITY OF HAYWARD Printed on 1/26/2024Page 1 of 2
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File #:CONS 24-036
response to people experiencing mental illness, substance use disorders, and homelessness.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/26/2024Page 2 of 2
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to (1) Extend and Amend the Agreement with Advocates for Human Potential, Inc. for the California Department of Healthcare Services, Behavioral Health Justice Intervention Services Project; and (2) Accept and Appropriate Additional Funding in the Amount of $876,546

RECOMMENDATION

That the City Council:

2. Accepts and appropriates $876,546 to the Federal Grants Special Revenue Fund 220.

SUMMARY

In December 2021, to support capacity building and infrastructure development for the Hayward Evaluation and Response Teams (HEART) program, the City applied for the California Department of Health Care Services (DHCS) Behavioral Health Justice Intervention Services (BHJIS) project, funded by the Substance Abuse Mental Health Services Administration (SAMHSA) through the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA). In February 2022, the City was awarded $389,260 for the initial project period from February 15, 2022 through February 14, 2023. DHCS contracted with Advocates for Human Potential, Inc. (AHP) as the administrator for the grant. In January 2023, the BHJIS project period was extended through December 31, 2023 and in March 2023, additional funding in the amount of $130,000 was awarded to continue the project through the extended project period. In January 2024, the City was awarded additional funding in the amount of $876,546 and the BHJIS project period was extended through March 31, 2025.

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Council approval is requested to authorize the City Manager to extend and amend the agreement with Advocates for Human Potential, Inc. (AHP) to continue the important work of improving the City’s response to people experiencing mental illness, substance use disorders, and homelessness.

BACKGROUND

The HEART program was originally developed from recommendations made by the Public Safety Policy Innovation Workshops that took place in Spring 2021 following deep engagement with the community about public safety and policing in Hayward. For a full background and links to staff reports, visit www.hayward-ca.gov/haywardsafe. For more on the HEART program, visit www.hayward-ca.gov/heart.

The primary goal of HEART is to create an integrated continuum of options for public safety responses to community members experiencing mental illness, homelessness and/or substance use disorders, allowing the right team or resource to respond to the right call for service, improving access to medical, mental health and other support services and reducing the need for police officers to intervene. The HEART model consists of three distinct co- responder teams, that are rooted in national best practices for crisis response systems, including SAMHSA’s National Guidelines for Behavioral Health Crisis Care1 and the National Council of Behavior Health’s Roadmap to the Ideal Crisis System2:

1. The Mobile Integrated Health Unit (MIHU) which includes Hayward Fire Department Community Paramedics to provide medical attention to those experiencing homelessness, mental health issues, and/or substance use.

2. The Hayward Mobile Evaluation Team (HMET) which pairs Crisis Intervention Team (CIT) trained Hayward Police Officers with behavioral health clinicians from the Alameda County Behavioral Health Care Services to address active mental health crises.

3. Case Management & Mental Health Linkages Team (LINK) which includes a Behavioral Health Coordinator, Lead Program Assistant, and Mobile Mental Health Clinicians that receive referrals from HMET and MIHU and provide on-going follow up and connecting those in need with resources available Countywide.

In December 2021, the City applied for a competitive grant from the California Department of Health Care Services (DHCS) for the Behavioral Health Justice Intervention Services (BHJIS) Project, funded by the Substance Abuse Mental Health Services Administration (SAMHSA) through the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA).

The BHJIS Project is intended to help agencies, including local governments, first responders, law enforcement, behavioral health and others, to improve and enhance their collaborative response to individuals facing mental health or substance use crises.

The primary BHJIS goals are to:

1 https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care-02242020.pdf 2 http://crisisroadmap.com/

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- Implement innovative solutions to problems and connect people experiencing mental or substance use crises at the right time and in the right environment; - Improve partnerships/collaboration between system partners and communities; and - Adopt policies and practices to promote diversity, equity, and inclusion and establish culturally and linguistically appropriate services that address structural inequities.

In February 2022, the City was awarded $389,260 for the initial project period from February 15, 2022 through February 14, 2023. DHCS contracted with Advocates for Human Potential, Inc. (AHP) as the administrator for the grant. In January 2023, the BHJIS project period was extended through December 31, 2023, and in March 2023, additional funding in the amount of $130,000 was awarded to continue the project through the extended project period. Most recently, in January 2024, the City was awarded another round of additional funding in the amount of $876,546 and the BHJIS project period was extended through March 31, 2025.

Since the start of this grant with BHJIS, the City has received a total of $1,395,806 in funding to support the HEART program’s personnel, training, and reporting costs.

DISCUSSION

Recent events, backed by research, show it is clear we need new solutions in mental health and crisis response. At least 20 percent of police calls for service involve a mental health or substance use crisis3, a demand that has grown over the past years of global pandemic, isolation, and national unrest. There is an urgent need for increased collaboration between crisis care systems if we are to properly address mental health crisis response.4 For nearly three years, Hayward has been engaging community members and evaluating how to best meet the needs of community members who experience mental illness, substance use and homelessness and require emergency response from our Police and Fire departments. In an effort to balance innovative solutions that meet Hayward’s specific needs with established best practices, staff developed the HEART Program and actively explored funding opportunities to support implementation of these strategies.

The BHJIS project provides critical funding to continue to build the City’s capacity to respond more effectively to people in crisis. Components of the Hayward BHJIS project include:
- Utilize three distinct co-response teams: the Mobile Integrated Health Unit (MIHU), the Hayward Mobile Evaluation Team (HMET), and Case Management and Mental Health Linkages Team (LINK)
- Utilize administrative staff to oversee the project and provide administrative support, conduct planning, training and protocol/policy development to support the co- responder teams;
- Develop and improve data collection and appropriate sharing mechanisms to inform project evaluation, make deliberate improvements, and plan for project expansion;

3 Abramson, A., (2021). Building Mental Health into Emergency Responses. American Psychological Association.

Monitor on Psychology. 52(5), 30.
4 Substance Abuse and Mental Health Services Administration (SAMHSA). National Guidelines for Behavioral Health Crisis Care Best Practice Toolkit. 2020. U.S. Department of Health and Human Services (HHS).

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- Maintain data systems to support clinical record keeping and data collection for direct service personnel;
- Participate in monthly coaching calls and quarterly learning collaborative meetings to receive technical assistance from Advocates for Human Potential, Inc. (AHP).

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, this item relates to Project Q1: Continue to implement and measure the HEART Pilot Program.

FISCAL IMPACT

With the additional $876,546 awarded as part of the recommended amendment, the City will receive a total of $1,395,806 for the BHJIS project from February 2022 through March 2025, spanning across four separate fiscal years ($58,970 in FY 2022; $180,280 in FY 2023; $1,156,556 in FY 2024 & FY 2025).

Accepting and appropriating these funds to the Federal Grants Special Revenue Fund will allow the balance of the unspent BHJIS funds to be carried forward in the FY 2025 budget cycle. As staff continues to develop long term funding models that will allow for the sustainability of the HEART program beyond the pilot period, the awarded grant will provide critical bridge funding to offset the cost to the City’s General Fund while the pilot is implemented, and fund development continues.

PUBLIC CONTACT

The HEART Program was created as a recommendation following the City’s Public Safety Innovation Workshops in 2021. Updates on the Public Safety Police Innovation Projects can be found here: Public Safety Project Implementation.

NEXT STEPS

If the Council authorizes this action, staff will work to: 1) extend and amend the agreement with AHP for the Behavioral Health Justice Intervention Services (BHJIS) project; 2) accept and appropriate $876,546 to the Federal Grants Revenue Fund 220 and 3) continue developing and implementing the HEART program to provide essential mental health, medical, and other social services to the Hayward community.

Prepared by: Emily Hwang, Management Analyst
Amy Cole-Bloom, Community Services Manager

Recommended by: Regina Youngblood, Assistant City Manager

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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 (1) EXTEND AND AMEND THE AGREEMENT WITH ADVOCATES FOR HUMAN POTENTIAL, INC.

FOR THE CALIFORNIA DEPARTMENT OF HEALTHCARE SERVICES,
BEHAVIORAL HEALTH JUSTICE INTERVENTION SERVICES PROJECT; AND (2)

ACCEPT AND APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $876,546

WHEREAS, the City of Hayward is committed to providing appropriate responses to community members experiencing mental illness, substance use and homelessness; and

WHEREAS, the Hayward Evaluation and Response Teams (HEART) program has been developed to more efficiently connect people who request emergency services to needed medical, mental health, and other social services; and

WHEREAS, extending and amending the agreement with Advocates for Human Potential, Inc. will provide funding to develop infrastructure and buil d the capacity of the HEART program to serve the community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward hereby amends the FY 2024 Budget Resolution by authorizing the acceptance and appropriation of funding from the California Department of H ealth Care Services in the amount of $876,546 in the Federal Grant fund 220; and

BE IT FURTHER RESOLVED, that the City Manager is authorized and directed to amend the agreement with Advocates for Human Potential, Inc. to carry out services for the California Department of Health Care Services , Behavioral Health Justice Intervention Services 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: 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 24-037
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $709,000 in Grant Funding from the Office of Justice Programs - Byrne Discretionary Community Project Funding Program for the Hayward Evaluation and Response Teams (HEART) Program Operations

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $709,000 in grant funding to Fund 220 from the Office of Justice Programs - Byrne Discretionary Community Project Funding Program to support ongoing operations for the Hayward Evaluation and Response Teams (HEART) pilot program.

SUMMARY
In March 2023, staff applied for the Byrne Discretionary Community Project Fund/Byrne Discretionary Grants Program through the Office of Justice Programs (OJP) to support continued operations and personnel of the Hayward Evaluation and Response Teams (HEART) pilot program. In August 2023, the OJP awarded the City of Hayward with $709,000 to be spent between October 2023 through June 2025.

Council approval is requested to authorize the City Manager to accept and appropriate this $709,000 award from OJP’sByrne Discretionary Grants Program to continue the important work of improving the City’s capacity to respond to people experiencing mental illness, substance use disorders, and homelessness.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/26/2024Page 1 of 2
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File #:CONS 24-037
CITY OF HAYWARD Printed on 1/26/2024Page 2 of 2
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $709,000 in Grant Funding from the Office of Justice Programs – Byrne Discretionary Community Project Funding Program for the Hayward Evaluation and Response Teams (HEART) Program Operations

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $709,000 in grant funding to Fund 220 from the Office of Justice Programs – Byrne Discretionary Community Project Funding Program to support ongoing operations for the Hayward Evaluation and Response Teams (HEART) pilot program.

SUMMARY

In March 2023, staff applied for the Byrne Discretionary Community Project Fund/Byrne Discretionary Grants Program through the Office of Justice Programs (OJP) to support continued operations and personnel of the Hayward Evaluation and Response Teams (HEART) pilot program. In August 2023, the OJP awarded the City of Hayward with $709,000 to be spent between October 2023 through June 2025.

Council approval is requested to authorize the City Manager to accept and appropriate this $709,000 award from OJP’s Byrne Discretionary Grants Program to continue the important work of improving the City’s capacity to respond to people experiencing mental illness, substance use disorders, and homelessness.

BACKGROUND AND DISCUSSION

The HEART program was originally developed from recommendations made by the Public Safety Policy Innovation Workshops that took place in Spring 2021 following deep engagement with the community about public safety and policing in Hayward.1 Updates on the Public Safety Policy Innovation Workshop Projects can be found here: Public Safety Project Implementation.

1 www.hayward-ca.gov/haywardsafe

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The HEART program is a cross -departmental and inter -agency program between the City Manager’s Office, Police and Fire Departments, and Alameda County Behavioral Health Care Services developed to improve access to medical, mental health, and other support services.

HEART aims to achieve two main goals:

1. Reduce the need for police officers to intervene in calls for service involving people experiencing chronic mental illness, substance use disorders, and homelessness; and

2. Reduce reliance on emergency services for individuals needing long -term case management and follow-up services.

On December 5, 2023, staff provided Council an update on the HEART program and how it has evolved in response to community needs since its inception in the Public Safety Policy Innovation Workshop.2 In its current iteration, the HEART Program consists of three distinct co-responder teams which include:

 The Mobile Integrated Health Unit (MIHU) which includes Hayward Fire Department Community Paramedics to provide medical attention to those experiencing homelessness, mental health issues, and/or substance use.  The Hayward Mobile Evaluation Team (HMET) which pairs the Crisis Intervention Team (CIT) trained Hayward Police Officers with behavioral health clinicians from the Alameda County Behavioral Health Care Services to address active crises.
 Case Management & Mental Health Linkages Team (LINK) which includes a Behavioral Health Coordinator, Lead Program Assistant, and Mobile Mental Health Clinicians that receive referrals from HMET and MIHU and provide ongoing follow-up and connect those in need with resources available countywide.

In March 2023, staff applied for the Byrne Discretionary Community Project Fund/Byrne Discretionary Grants Program through the Office of Justice Programs (OJP) to support continued operations and personnel of the HEART Program. In August 2023, the OJP awarded the City of Hayward with $709,000 to be spent between October 2023 through June 2025.

Staffing transitions delayed the request to accept and appropriate these funds, so staff are now bringing this resolution to Council.

The purpose of Byrne Discretionary Grant is to provide funding for community projects to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime. This grant provides critical funding to continue to build the City’s capacity to respond more appropriately and effectively to people in crisis.

2 December 5, 2023 Council Work Session on Implementation Updates for the HEART Program:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6439964&GUID=16D19787-E2B4-4CE6-AED4- 2C69D4646D48&Options=&Search=

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Components of the Hayward Bryne Grant for the HEART program include:

- Utilize direct services personnel providing direct mental health, case management, and other social services as part of co-responder teams and community engagement and outreach activities;
- Utilize administrative personnel to oversee the project, provide administrative support, and conduct protocol/policy development to support co-responder teams; - Utilize analyst personnel to develop and improve data collection and appropriate sharing mechanisms to inform project evaluation, make deliberate improvements, and plan for project expansion;
- Support indirect costs for financial and performance reporting as part of this grant.

Staff recommend that Council adopts a resolution (Attachment II) to accept and appropriate the $709,000 award to achieve the above activities for the HEART program through June 2025.

STRATEGIC ROADMAP

FISCAL IMPACT

Grant funds from the Byrne grant in the amount of $709,000 will be used in collaboration with additional funding received from the California Department of Health Care Services (DHCS) Behavioral Health Justice Intervention Services (BHJIS) project to support the continued operations and personnel costs of the HEART Program. As staff continues to develop long- term funding models that will allow for the sustainability of the HEART program beyond the pilot period, the awarded grant will provide critical bridge funding to offset the cost to the City’s General Fund. Staff will continue to work with the City’s legislative partners to identify additional grants to support the HEART program when the Byrne and BHJIS grants conclude.

PUBLIC CONTACT

NEXT STEPS

If the Council authorizes this action, staff will 1) accept and appropriate $709,000 to the Federal Grants Revenue Fund 220 and 2) continue developing and implementing the HEART program to provide essential mental health, medical, and other social services to the Hayward community.

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Prepared by: Emily Hwang, Management Analyst
Amy Cole-Bloom, Community Services Manager

Recommended by: Regina Youngblood, Assistant City Manager

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 ACCEPT AND
APPROPRIATE $709,000 IN GRANT FUNDING FROM THE OFFICE OF JUSTICE

PROGRAMS FOR THE HAYWARD EVALUATION RESPONSE TEAMS (HEART)

PROGRAM

WHEREAS, the City of Hayward is committed to providing appropriate responses to community members experiencing mental illness, substance use and homelessness; and

WHEREAS, the Office of Justice Programs, Byrne Discretionary Community Project Fund/Byrne Discretionary Grants Programs has awarded the City a $709,000 grant from October 2023 through June 2025 to provide c ritical funding to continue to build the City’s capacity to respond more effectively to people in crisis through the HEART Program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward hereby amend the FY 2024 Budget Resolution by authorizing the City Manager to accept and appropriate funding from the Office of Justice Programs in the amount of $ 709,000 to the Federal Grant Fund 220.

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 24-039
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with NHA Advisors, LLC for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Funding Consulting Services in an Amount Not-to-Exceed $85,000 for the Water Pollution Control Facility (WPCF) Improvements - Phase II Project

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Professional Services Agreement (PSA) with NHA Advisors, LLC (NHA Advisors) for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Funding Consulting Services in an Amount Not -to-Exceed $85,000 the Water Pollution Control Facility (WPCF) Improvements - Phase II Project.

SUMMARY
The WIFIA loan Letter of Interest (LOI) and application require documents demonstrating the borrower’s financial creditworthiness. The City’s financial advisor has typically prepared these required documents since the documents involve in-depth financing strategies and credit rating analysis of the Wastewater Enterprise Fund. Staff recommends that Council authorize the PSA with NHA Advisors, in an amount not- to-exceed $85,000, for the preparation of the WIFIA loan application and related consulting services.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/26/2024Page 1 of 1
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with NHA Advisors, LLC for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Funding Consulting Services in an Amount Not-to-Exceed $85,000 for the Water Pollution Control Facility (WPCF) Improvements - Phase II Project

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Professional Services Agreement (PSA) with NHA Advisors, LLC (NHA Advisors) for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Funding Consulting Services in an Amount Not-to-Exceed $85,000 the Water Pollution Control Facility (WPCF) Improvements - Phase II Project.

SUMMARY

The WIFIA loan Letter of Interest (LOI) and application require documents demonstrating the borrower’s financial creditworthiness. The City’s financial advisor has typically prepared these required documents since the documents involve in-depth financing strategies and credit rating analysis of the Wastewater Enterprise Fund. Staff recommends that Council authorize the PSA with NHA Advisors, in an amount not-to-exceed $85,000, for the preparation of the WIFIA loan application and related consulting services.

BACKGROUND AND DISCUSSION

The WPCF core infrastructure was originally constructed in 1952 to treat wastewater flows from the City of Hayward’s residents and businesses prior to discharge into the San Francisco Bay. Over the years, the WPCF has undergone several major upgrades to meet more stringent discharge requirements, as well as increasing capacity as the City’s population and industry has grown. The WPCF now treats an average flow of approximately eleven million gallons per day (MGD) and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay (Bay).

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In May 2019, the San Francisco Bay Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the Bay. In June 2020, the City completed a comprehensive Master Plan update, the WPCF Phase II Facilities Plan (Facilities Plan), to identify improvements required for the WPCF to upgrade its treatment process to incorporate nutrient reduction in the treated effluent to meet the upcoming requirements. On July 5, 20221, Council authorized design and engineering services with Brown & Caldwell for the WPCF Improvements – Phase II Project (Phase II Project). On December 12, 20232, Council authorized applying for a United States Environmental Protection Agency (EPA) WIFIA loan program.

The WIFIA loan application requires a two-step process, a submission of the Letter of Interest (LOI), and, if invited by EPA, a submission of a more comprehensive application.

Both LOI and application require information and documents demonstrating the borrower’s financial creditworthiness, which are typically prepared by the City’s financial advisor. This agreement would be a new agreement with NHA Advisors to complete this scope of work in addition to the other work currently being undertaken by the firm.

ECONOMIC IMPACT

There is no direct economic impact associated with approving this item.

FISCAL IMPACT
The current total cost for the three WPCF Phase II Improvement projects is now estimated in the range of between $260 and $426 million. It is anticipated that these improvements will affect sewer service rates and sewer connection fees; while the extent to which rates will need to be adjusted cannot be determined with certainty at this point, it is anticipated that customers would see substantial increases over the current rates over the next 10 years.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5714864&GUID=9ED75AE9-FFB6-4BC4-ACD9- 915A6B3F458B&Options=ID|Text|&Search=Brown
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6448360&GUID=CB5A4ECF-8AF0-49B8-B838- 81002AFE119D&Options=ID|&Search=

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The funding for this agreement will be allocated from the following projects in the Sewer Improvement Fund 612.

Project Amount
WPCF Primary Effluent Flow Equalization Project No. 07749 $ 9,000 WPCF New Administration Building & Lab Project No. 07786 $ 11,700 WPCF Phase II Improvement Project No. 07760 $ 64,300 Total $ 85,000

There will be no impact to the General Fund.

STRATEGIC ROADMAP
This agenda item supports the various goals of Council’s Strategic Roadmap. The WPCF Improvements Phase II Project will address infrastructure needs and improvements to increase the reliability of the City’s treatment plant, and construct process improvements to meet more stringent nutrient limits in accordance with upcoming regulatory requirements, while supporting the goals of the City Council. Specifically, this item relates to the implementation of the following projects:

Confront Climate Crises & Champion Environmental Justice.

Mitigate Climate Crisis Impacts through Resilient Design and Community Engagement Project C14b: Implement Shoreline Master Plan, including mitigating sea level rise in the industrial corridor through building requirements and outreach.

Invest in Infrastructure.

Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers Project N19: Update Water Pollution Control Facility Phase II Plan

SUSTAINABILITY FEATURES

The WPCF Improvement Project Phase II will help maintain and improve the biology and health of the Bay which is vital for the region and the State. The Phase II Project will also satisfy the early actor requirements specified in the Water Board’s 2nd Watershed Permit to reduce nitrogen loads to the Bay.

The effects and risks of rising sea water levels will be reviewed and incorporated into the design of the new facilities.

The Administration and Laboratory Building will be reviewed by the Building Division for conformance with State and local requirements related to sustainability (i.e., California Building Code, California Energy Code, etc.) which require a minimal level of energy efficiency, resource conservation, material recycling, etc. In addition, the building will be

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designed and constructed to meet Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification, or better.

PUBLIC CONTACT

As part of the funding process, an environmental study (CEQA and/or Initial Study and Mitigated Negative Declaration) will be posted for public review and comment. In addition, a public hearing will be held to review the environmental study.

The project will include a web page to be hosted on the City’s website with periodic updates throughout the multi-year duration of the project.

NEXT STEPS

If Council approves staff’s recommendation, staff will take the steps necessary to execute a PSA with NHA Advisors and prepare the required documents for the WIFIA LOI and application.

Prepared by: Elli Lo, Senior Management Analyst

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 NEGOTIATE AND

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NHA ADVISOR,

LLC FOR WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT (WIFIA) LOAN APPLICATION AND FUNDING CONSULTING SERVICES IN AN AMOUNT NOT-TO-EXCEED $85,000 FOR THE WATER POLLUTION CONTROL FACILITY (WPCF) IMPROVEMENT – PHASE II PROJECT

WHEREAS, the City of Hayward (City) owns and operates the Water Pollution Control Facility (WPCF), which treats an average flow of approximately eleven million gallons per day; and

WHEREAS, increasing nutrient loadings in the Bay is a growing concern for the Bay Area water quality community. The Water Board issued the first Nutrients Watershed Permit, adopted in 2014, that required Dischargers to evaluate the Bay’s response to current and future nutrient loads and to ev aluate opportunities to remove nitrogen through treatment plant improvements or optimization; and

WHEREAS, on May 8, 2019, the Water Board adopted the 2nd Nutrients Watershed Permit for managing nutrient discharges to the Bay wherein the City of Hayward is listed as an early adopter pledging to reduce nitrogen in its effluent ahead of the Water Board issuing the 3rd Nutrients Watershed Permit in 2024; and

WHEREAS, the main goal of the Phase II Project is to construct improvements necessary for nutrient re moval in compliance with the Water Board’s 2nd Nutrient Watershed Permit early actor provisions; and

WHEREAS, on December 12, 2023, Council authorized the City Manager to apply for the U.S. Environmental Protection Agency (USEPA) Water Infrastructure Fina nce and Innovation Act (WIFIA) Loan; and

WHEREAS, the WIFIA loan application require s documents demonstrating the borrower’s financial creditworthiness, typically prepared by the City’s financial advisor.

DRAFT

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to negotiate and execute a n agreement with NHA Advisor, LLC for WIFIA Loan Application and Funding Consulting Services in an Amount Not- to-Exceed $85,000 for the WPCF Phase II Project in a form to be approved by the City Attorney.

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 24-040
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Approve and Appropriate $60,000 to Implement A Bench for Every Bus Stop Pilot Program Project No. 05343

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to approve and appropriate $60,000 in Fund 216, Measure B Pedestrian and Bicycle, to implement A Bench for Every Bus Stop Pilot Program Project No. 05343.

SUMMARY
The City has a total of 363 transit bus stops, of which only 63 have bus shelters and seating available. To improve access and comfort for transit riders, the implementation of Simme Seats, which are small one to two-seater benches, was explored. For the Pilot Program, 12 locations will be selected for Simme Seats to be installed based on AC Transit’s Accessibility Assessment. Staff recommends adopting the resolution to approve and appropriate the $60,000 for the A Bench for Every Bus Stop Pilot Program Project No. 05343.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/26/2024Page 1 of 1
powered by Legistar™

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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Approve and Appropriate $60,000 to Implement A Bench for Every Bus Stop Pilot Program Project No. 05343

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to approve and appropriate $60,000 in Fund 216, Measure B Pedestrian and Bicycle, to implement A Bench for Every Bus Stop Pilot Program Project No. 05343.

SUMMARY

The City has a total of 363 transit bus stops, of which only 63 have bus shelters and seating available. To improve access and comfort for transit riders, the implementation of Simme Seats, which are small one to two-seater benches, was explored. For the Pilot Program, 12 locations will be selected for Simme Seats to be installed based on AC Transit’s Accessibility Assessment. Staff recommends adopting the resolution to approve and appropriate the $60,000 for the A Bench for Every Bus Stop Pilot Program Project No. 05343.

BACKGROUND

At the June 16th 2023 AC Transit ILC meeting, representatives shared that AC Transit was planning to conduct an assessment of their bus stops to determine which are appropriate for the installation of shelters or benches. The AC Transit staff calculated an overall score for each bus stop to determine priority weighted by:

 Person Minutes – The total number of minutes that passengers wait at a stop  Percentage of People of Color by Block Group
 Percentage of Low-income People by Block Group
 Accessibility to Social Services

Council’s ILC representatives requested that staff collaborate with AC Transit on their Accessibility Assessment of bus stops last fall. It was determined that installing seats at bus stops would be cost-effective and a timely way to improve accessibility and comfort for riders.

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To validate these estimates and gauge the practical implications, Council requested a pilot program of installing five Simme Seats at the most critical bus stops, as ranked by AC Transit’s Accessibility Assessment. The pilot program was requested to obtain realistic maintenance cost data and observe potential benefits, such as a rise in ridership and user satisfaction. The pilot program was approved at the Council meeting held on October 10, 20231, with a modification for the pilot to include ten seats. However, the pilot program expanded to 12 Simme Seats to meet the minimum order quantity required by Simme LLC, the sole source vendor for Simme Seats.

DISCUSSION

The purpose of this project is to improve the accessibility to transit for residents and people traveling to and from Hayward. Twelve (12) bus stops will be selected from the AC Transit Accessibility Assessment and the site conditions review to install Simme Seats without obstructing the pedestrian paths. These 12 seats and locations will help the City determine maintenance costs and effectiveness of seats to improve the transit experience for future locations. QR codes are planned to be installed with Simme Seats to survey user experience.

Location-specific design requirements will need to be researched and determined for each of the 12 bus stops. Sidewalk conditions, bus stop space, and bus stop sign proximity to the curb will influence the work required for each location.

The cost estimate for Simme Seat installation is $2,000 per unit, which includes any minor concrete work that may be necessary at certain bus stops. The maintenance for the Simme Seats is expected to be nominal based on the City of Emeryville’s recent installation of 40 Simme Seats, which have been met with minimal problems according to AC Transit.

ECONOMIC IMPACT

The installation of 12 Simme Seats will enhance comfort and access to transit stops, potentially leading to increased transit ridership in Hayward. There will be no impact on the General Fund.

FISCAL IMPACT

The fiscal impact of the A Bench at Every Bus Stop Pilot Program is $60,000. Fund 216, Measure B Pedestrian and Bicycle will be used for this pilot program.

1 https://hayward.legistar.com/MeetingDetail.aspx?ID=1123084&GUID=BBCF9596-4576-4AF7-83C2- 492AD25B14E0&Options=info|&Search=

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STRATEGIC ROADMAP

This item supports Council’s Strategic Priority of Invest in Infrastructure. This item specifically relates to the following subcategory:

Invest In Multi-Modal Transportation
Project N7: Work with AC Transit to beautify bus shelters and construct more seating at bus stops to improve the ridership experience.

SUSTAINABILITY FEATURES

Increased transit ridership could help reduce use of personal vehicles which would have a positive impact on reducing emissions.

PUBLIC CONTACT

There is no public contact associated with this action.

NEXT STEPS

If Council approves this request, staff will process the project appropriation and begin identifying locations and design requirements for Simme Seats at bus stops. Once the design requirements are determined, Simme Seats will be ordered and installed.

Prepared by: Colin Patterson, Associate Transportation Planner 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 APPROPRIATE FUNDS IN THE AMOUNT OF $60,000 FROM MEASURE B PEDESTRIAN AND BICYCLE (FUND 216) FOR THE A BENCH FOR EVERY BUS STOP PILOT PROGRAM PROJECT NO. 05343

WHEREAS, representatives to AC Transit Interagency Liaison Committee (ILC) requested that staff collaborate with AC Transit on their Accessibility Assessment of bus stops on September 26, 2023; and
WHEREAS, the pilot program was approved at the Council meeting held on October 10, 2023, with a modification for the pilot to include ten seats; and

WHEREAS, the pilot program expanded to 12 Simme Seats to meet the minimum order quantity required by Simme LLC, the sole source vendor for Simme Seats; and

WHEREAS, the fiscal impact of the A Bench at Every Bus Stop Pilot Program is $60,000 and will be funded from Fund 216, Measure B Pedestrian and Bicycle; and

WHEREAS, Measure B ( Pedestrian and Bicycle) Fund 21 6 has sufficient funds to support this effort.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes and directs the City Manager to appropriate $60,000 and implement A Bench for Every Bus Stop Pilot Program Project No. 05343 from Measure B (Pedestrian and Bicycle) Fund 216.

FURTHERMORE, 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 $60,000 in Fund 216 (Measure B Pedestrian and Bicycle).

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 24-041
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Garbage and Recycling Rate Adjustment for 2024-2025

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the recommended garbage and recycling annual rate adjustment of 3.73% for all residential and commercial accounts effective March 1, 2024.

SUMMARY
Refuse rates typically increase on March 1 of each year, in accordance with the Franchise Agreement between the City and Waste Management of Alameda County (WMAC) that became effective on March 1, 2023, and expires February 28, 2033. Rate Year Two (RY2) of the Franchise Agreement will commence on March 1, 2024. Per the Franchise Agreement, the rates for RY2 shall be set based on a Consumer Price Index (CPI) adjustment to WMAC’s current revenues. The calculated RY2 increase is 3.73%.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III WMAC Rates Survey
CITY OF HAYWARD Printed on 1/26/2024Page 1 of 1
powered by Legistar™

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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Approving Garbage and Recycling Rate Adjustment for 2024-2025

RECOMMENDATION

That Council adopts a resolution (Attachment II) approving the recommended garbage and recycling annual rate adjustment of 3.73% for all residential and commercial accounts effective March 1, 2024.

SUMMARY

Refuse rates typically increase on March 1 of each year, in accordance with the Franchise Agreement between the City and Waste Management of Alameda County (WMAC) that became effective on March 1, 2023, and expires February 28, 2033. Rate Year Two (RY2) of the Franchise Agreement will commence on March 1, 2024. Per the Franchise Agreement, the rates for RY2 shall be set based on a Consumer Price Index (CPI) adjustment to WMAC’s current revenues. The calculated RY2 increase is 3.73%.

BACKGROUND

The Franchise Agreement between the City and WMAC for garbage, recycling, and organics collection and processing was approved by Council on June 28, 20221. The Agreement includes Tri-CED continuing to provide residential recycling services to Hayward as a subcontractor to WMAC. The Agreement is in effect for ten years and details a specific rate adjustment process for each year. In the first year of the contract, rates were negotiated and agreed upon at an initial rate. The rates for years two through four are set by a CPI- based calculation. The Franchise Agreement requires the rates for RY5 be set by following a detailed cost-based adjustment to ensure that WMAC receives an after-tax return on its investment of 5.5%. Rate Years Six through Ten are to be set through an index-type of adjustment process considering the CPI, government fees, and other factors.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5709695&GUID=E5867537-1E85-495D-95E4-BB7A6B590715&Options=&Search=

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DISCUSSION

Staff received WMAC’s rate application for RY2 in December 2023 and performed a detailed review of WMAC’s application and ensured all calculations were consistent with the procedures outlined in the Franchise Agreement and confirmed the validity of the proposal.

The Agreement specifies that a minimum of 3% be used as a CPI floor in the rate calculation. The annual percentage change in CPI between 2022 and 2023 was 3.9%. After further contractual procedures that adjust for fees assessed by the State, County, and City, and for projected revenues for WMAC, the resulting increase applied to the RY2 rates is

3.73%.

ECONOMIC IMPACT

If approved, residents and businesses would pay 3.73% more for refuse and recycling services for the period of March 1, 2024, through February 28, 2025. With a 3.73% increase, the new monthly service charge for residential customers with the standard 32-gallon cart for garbage service would be $44.22, or $1.59 higher than the existing rate. For residents subscribing to the smaller 20-gallon cart, the new service charge would be $30.25, or $1.08 higher than the existing rate. A comparison of rates with several nearby communities is included as Attachment III.

FISCAL IMPACT

With the proposed increase, it is projected that City revenues related to this agreement, including those dedicated for street impacts and street cleaning, will increase by approximately $438,670 annually.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to one of the Council’s six Strategic Priorities.

SUSTAINABILITY FEATURES

The rate increase will allow the City, WMAC, and Tri-CED to continue to provide Hayward residents and businesses with recycling and composting services, so they can maximize the diversion of waste from the landfill. Solid waste management involves the safe and responsible management of discarded material from generation through processing to disposal. Reducing waste landfilled by maximizing the reuse, recycling, and composting of materials increases diversion, conserves natural resources, and plays an important role in making a community sustainable. No additional programs are contemplated as part of RY2 services.

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PUBLIC CONTACT

The public was notified of the rate increase in 2022 as part of the new Franchise Agreement announcement mailed to all rate-payers. That notice provided an estimated increase for each year of the Franchise Agreement and indicated that the increase that would be effective on March 1, 2024, would not exceed 6%. If Council approves the proposed rate increase, customers will be notified of the actual increase through bill inserts included with their garbage bill and a message printed on their garbage bill.

NEXT STEPS

If Council approves the rate adjustment, it would be effective on March 1, 2024. Staff will work with WMAC to implement the new rates and advise customers. A brief statement regarding the fee increase will be included as a bill insert and printed on the customer’s garbage bills.

Prepared by: Jeff Krump, Solid Waste Program Manager
Erik Pearson, Environmental Services Manager

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 APPROVING THE GARBAGE & RECYCLING RATE
ADJUSTMENT FOR 2024-2025

WHEREAS, the current Franchise Agreement between the City of Hayward and Waste Management of Alameda County (WMAC) became effective on March 1, 2023; and

WHEREAS, garbage and recycling rates typically increase on March 1 of each year and Rate Year Two of the Franchise Agreement will commence on March 1, 2024; and

WHEREAS, the Franchise Agreement dictates that the rates for Rate Year Two shall be set at 3.73% based on a Consumer Price Index (CPI) adjustment to WMAC’s projected Rate Year One revenues, which is calculated by using several factors including the CPI, government fees, and others; and

WHEREAS, the City completed the necessary review of WMAC’s rate adjustment application; and

WHEREAS, calculations based on the methodology specified in the Franchise Agreement show that the increase is appropriate and warranted.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the increase of 3.73% from March 2024 through February 2025 for garbage and recycling rates for residents and businesses in the City of Hayward that are served under the Franchise Agreement.

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

ATTACHMENT III

Comparison of Monthly Garbage & Recycling Rates
Table 1, Multi-family Dwelling Rates (assuming 1x per week service for 20 units) Municipality Garbage (3cy) Recycling (1cy) Organics (1cy) Total Livermore $378.20 $100.85 $100.85 $579.90
Fremont $286.53 $10.99 per unit $116.99 $623.32
Hayward (current) $467.21 $9.12 per unit Included w/ Garbage $649.62 Union City (Republic) $457.23 $104.68 $104.68 $666.59 Hayward (proposed 3.73%) $484.64 $9.46 per unit Included w/ Garbage $673.84 City of Alameda (ACI) $567.90 $8.15 per unit $5.86 per unit $848.10 Castro Valley (ACI) $552.06 $152.52 $282.15 $890.70
Oakland (WMAC) $960.41 $18.01 per unit Included w/ Garbage $1,320.61

Table 2, Single-Family Dwelling Rates (Rates include organics and recycling services.) Municipality Garbage (20 gallon) Garbage (30-35 gallon)* Garbage (60-64 gallon) Union City (Republic) $33.59 $42.00 $84.06
Hayward (current) $29.17 $42.63 $76.03
Livermore $32.76 $43.02 $63.91
Hayward (proposed 3.73%) $30.26 $44.22 $78.87
Fremont $45.93 $46.84 $51.02
City of Alameda (ACI) $39.37 $49.70 $81.65
Castro Valley (ACI) $34.44 $53.39 $92.73
Oakland (WMAC) $51.76 $58.77 $103.67
*Most common container size.

Table 3, Commercial Rates (assuming 1x per week service) Municipality Garbage (3cy) Recycling (1cy) Organics (1cy) Total Fremont $283.62 $94.63 $116.99 $495.24
Livermore $378.20 $100.85 $100.85 $579.90
Hayward (current) $467.21 $90.68 $90.68 $648.57
Union City (Republic) $457.23 $104.68 $104.68 $666.59 Hayward (proposed 3.73%) $484.64 $94.06 $94.06 $672.76
Castro Valley (ACI) $520.81 $143.89 $143.89 $808.59
City of Alameda (ACI) $540.86 $144.23 $144.23 $829.32
Oakland (WMAC) $634.41 (open market) $199.73 -

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-043
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate an Agreement with Stryker Corporation for the Purchase of Lucas Chest Compression Devices for the Hayward Fire Department in an Amount Not -to-Exceed $384,836

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate an agreement with Stryker Corporation for the purchase of LUCAS 3, v3.1, chest compression devices for use by the Hayward Fire Department (HFD).

SUMMARY
Capital Improvement Project (CIP) 07450 is designated for the purchase of replacement Lucas chest compressor devices for the Hayward Fire Department (HFD). HFD would like to complete the purchase with the Stryker Corporation, as they were the previous provider of this equipment and have facilitated a trade-in option of the existing equipment for a cost reduction when purchasing newer equipment. Since the existing Lucas Chest Compression devices are reaching the end of their life capacity, HFD would like to use the trade-in option to purchase the updated LUCAS 3, v3.1 chest compression devices for HFD. The purchase cost of $384,835.54 is covered by the existing CIP budget and is a planned purchase as part of the FY24 CIP project list.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/26/2024Page 1 of 1
powered by Legistar™

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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Fire Chief

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate an Agreement With Stryker Corporation for the Purchase of Lucas Chest Compression Devices For the Hayward Fire Department in an Amount Not-to-Exceed $384,836

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate an agreement with Stryker Corporation for the purchase of LUCAS 3, v3.1, chest compression devices for use by the Hayward Fire Department (HFD).

SUMMARY

Capital Improvement Project (CIP) 07450 is designated for the purchase of replacement Lucas chest compressor devices for the Hayward Fire Department (HFD). HFD would like to complete the purchase with the Stryker Corporation, as they were the previous provider of this equipment and have facilitated a trade-in option of the existing equipment for a cost reduction when purchasing newer equipment. Since the existing Lucas Chest Compression devices are reaching the end of their life capacity, HFD would like to use the trade-in option to purchase the updated LUCAS 3, v3.1 chest compression devices for HFD. The purchase cost of $384,835.54 is covered by the existing CIP budget and is a planned purchase as part of the FY24 CIP project list.

BACKGROUND AND DISCUSSION

The Lucas Chest Compression System provides effective, consistent, and uninterrupted chest compressions during CPR. This automated compression device provides patients with coronary perfusion pressure to adequately perfuse the heart muscle. The American Heart Association recommends limiting of interruptions in CPR because it is difficult to establish and maintain this perfusion pressure. Newer models use lithium ion batteries which provide longer charge times and more effective utilization of resources. Battery-operated chest compression devices are proven to improve patient outcomes in cardiac arrest and are considered cutting-edge technology.

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Lucas 3 v3.1 is the only automated CPR device that meets rate and depth recommendations as required for compliance throughout Alameda County. The Lucas 3 v3.1 meets all county and AHA requirements for emergency medical care. These necessary measures allow for compliance with guidelines to perform emergency medical care and maintain all licensing.

The continual usage of Stryker Corporation as a vendor has secured a redemption value for all equipment that has been in use with HFD for the last 10 years. The offset provided by the return of equipment has lowered the anticipated purchase price by $100,000. This cost reduction has shown Stryker to be the purchasing partner for the execution of this necessary equipment.

The existing equipment in use by the Hayward Fire Department has reached the end of its usable lifespan and is set for planned replacement as part of the CIP Project list for FY24. The purchase is necessary for the safe and successful continuous use of Lucas devices, which has proven to be a valuable tool for safety, speed, accuracy, and improved patient outcomes.

FISCAL IMPACT

There is sufficient funding in the adopted FY 2024 CIP budget to cover the cost of the Lucas Chest Compression Devices from the Stryker Corporation. This project is an approved Capital Improvement Project for the necessary replacement of Lucas Devices, an automatic CPR device that assists emergency medical personnel during onsite emergencies and during transit to medical facilities.

SUSTAINABILITY FEATURES

By continuing to partner with the existing provider for the Lucas devices, the current devices that have exceeded their lifespan will be returned and recycled or refurbished. Additionally, this trade-in secures a significant discount toward the new purchase.

PUBLIC CONTACT

No public contact is needed for this item.

NEXT STEPS

If Council approves the resolution, staff will: 1) work with the City Manager to negotiate an agreement with Stryker Corporation for the purchase of Lucas chest compression equipment; and 2) complete the purchase of Lucas Devices. Once received, staff will distribute all required equipment to fire personnel and process the return of the expiring equipment.

Prepared by: Lauren Dekas, Management Analyst

Recommended by: Garrett Contreras, Fire Chief

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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 AN

AGREEMENT WITH STRYKER CORPORATION FOR THE PURCHASE OF LUCAS

CHEST COMPRESSION DEVICE S FOR USE BY THE HAYWARD FIRE DEPARTMENT IN AN AMOUNT NOT-TO-EXCEED $384,836

WHEREAS, the Hayward Fire Department will fulfill CIP Project 07450 with the purchase of Lucas Chest Compression Devices a necessary life-saving tool used in emergency medicine;

WHEREAS, Hayward previously purchased these devices from the Stryker Corporation with a trade -in option allowing the Hayward Fire Department to purchase newer devices at a reduced cost;

WHEREAS, the existing Lucas Chest Compression devices are reaching their end of life capacity and must be replaced to continue to provide safe, effective, and reliable assistance to fire personnel in the field;

WHEREAS, purchasing the Lucas 3, v3.1 newer device, available from the Stryker Corporation, will result in significant cost savings courtesy of their trade-in program;

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 negotiate an agreement with the Stryker Corporation for the Purchase of Lucas Chest Compression Devices in an amount not to exceed $384,836, and 2) That the Fire Department may expend CIP funds in the amount of $384,836 to complete the purchase.

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 24-049
DATE: January 30, 2024
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution Ratifying Updates to the Council Appointments List

RECOMMENDATION
That Council adopts a resolution (Attachment II) ratifying updates to the Council Appointments List (Attachment III).

SUMMARY
On December 12, 2023, Council adopted a resolution to establish a Council Public Safety Committee and combine the Airport and Infrastructure Committees. Due to these changes, Mayor Salinas has put forth the attached adjustments to the Council Appointments List (Attachment III). Per the Council Handbook, staff is seeking Council ratification of the Council Appointments List by passing the attached resolution (Attachment II).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Proposed Council Appointments List, Dated January 25, 2024 CITY OF HAYWARD Printed on 1/26/2024Page 1 of 1
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: City Manager

SUBJECT: Adopt a Resolution Ratifying Updates to the Council Appointments List.

RECOMMENDATION

That Council adopts a resolution (Attachment II) ratifying updates to the Council Appointments List (Attachment III).

SUMMARY

On December 12, 2023, Council adopted a resolution to establish a Council Public Safety Committee and combine the Airport and Infrastructure Committees. Due to these changes, Mayor Salinas has put forth the attached adjustments to the Council Appointments List (Attachment III). Per the Council Handbook, staff is seeking Council ratification of the Council Appointments List by passing the attached resolution (Attachment II).

DISCUSSION

The Council Handbook states the following about the process for Council Appointments, which includes the City Council considering and ratifying the Mayor’s List via a Consent item:

“It shall be the prerogative of the Mayor, taking into consideration relative length of Council service, individual Council Member preference and equivalency, to assign individual Council Members to these various committees. Normally appointments are for a two-year period but may be renewed at the Mayor's discretion where Council Members have particular experience or expertise with respect to the business of a particular committee.

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

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FISCAL IMPACT

There is no fiscal impact as a result of this action.

Prepared by: Mary Thomas, Assistant to the City Manager

Approved by:
________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-_____

Introduced by Council Member ____________

RESOLUTION TO CONFIRM THE MAYOR’S COUNCIL APPOINTMENTS AS

SHOWN IN THE ATTACHED COUNCIL APPOINTMENTS LIST, DATED
JANUARY 25, 2024

WHEREAS, on December 12, 2023, Council adopted a resolution to establish a Council Public Safety Committee and combine the Airport and Infrastructure Committees; and

WHEREAS, According to the Council Handbook, it shall be the prerogative of the Mayor to assign individual Council Members to these various committees; and

WHEREAS, Also according the Council Handbook , the City Council will consider ratification of the Mayor’s Council Appointments List via a Consent item.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Hayward that the attached Council Appointments List, dated January 25, 2024, is hereby ratified.

IN HAYWARD, CALIFORNIA, January 30, 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

Page 1 of 4 ends

Attachment III

Council Appointments List (effective 1/25/24)
Appointed by Mayor Every Two Years or as Needed

COUNCIL’S APPOINTED OFFICER’S COMMITTEE - As Needed, City Hall, Conference Room 4A  Mark Salinas
 Julie Roche
 Dan Goldstein
 Staff: Regina Youngblood, Assistant City Manager 510-583-4304

COUNCIL’S BUDGET & FINANCE COMMITTEE - Monthly, date and time to be determined.  Mark Salinas
 Ray Bonilla, Jr.
 George Syrop
 Staff: Nicole Gonzales, Director of Finance 510-583-4012

COUNCIL ECONOMIC DEVELOPMENT COMMITTEE - Monthly on the 1st Monday of the month @ 5:30PM, City Hall, Conference Room 2A
 Mark Salinas
 Ray Bonilla, Jr.
 Angela Andrews
 Staff: Paul Nguyen, Chief Economic Development Officer 510-583-5546 & Kelly McAdoo, City Manager 510-583-4300

COUNCIL’S HOMELESSNESS-HOUSING TASK FORCE – Quarterly on the 3rd Thursday (March, June , September, December) @ 6:00PM., City Hall, Conference Room 2A
 Mark Salinas
 George Syrop
 Dan Goldstein
 Staff: Christina Morales, Housing Manager 510-583-4243 & Dustin Claussen, Assistant City Manager, 510-583-4302

COUNCIL’S INFRASTRUCTURE & AIRPORT COMMITTEE - Bi-Monthly on the 4th Wednesday (February, April, June, August, October, December) @ 5:30PM, City Hall, Conference Room 2A or Hayward Airport  Mark Salinas
 Angela Andrews
 George Syrop
 Staff: Alex Ameri, Director of Public Works, 510-583-4720

Delegates to Oakland Airport-Community Noise Management Forum:
 Elected Member: Mayor Mark Salinas Citizen Member: Edward Bogue

COUNCIL’S PUBLIC SAFETY COMMITTEE – Bi-Monthly on the 4th Monday (January, March, May, July, September, November) @ 5:30PM, Conference Room 2A
 Mark Salinas
 Julie Roche
 Ray Bonilla, Jr.
 Staff: Kelly McAdoo, 510-583-4300

COUNCIL’S SUSTAINABILITY COMMITTEE - Typically meets the 2nd Monday (January, March, May, July, September, and November) @ 5:00PM, City Hall, Conference Room 2A  Francisco Zermeño
 Angela Andrews
 Julie Roche
 Staff: Alex Ameri, Director of Public Works, 510-583-4720

Page 2 of 4 ends

COUNCIL LIAISON TO
BOARDS, COMMISSIONS AND COMMITTEES (EFFECTIVE 1/17/24)
Appointed by Mayor Every Two Years or as Needed

COMMUNITY SERVICES COMMISSION
Dan Goldstein

3rd Wednesday of the month @ 7:00PM – City Hall, Conference Room 2A Staff: Jessica Lobedan, Community Services Manager, 510-583-4201

LIBRARY COMMISSION
Julie Roche

3rd Monday of the month @ 6:30PM – Main Library – Main Meeting Room Staff: Jayanti Addleman, Library Director, 510-881-7956

PERSONNEL COMMISSION
George Syrop

2nd Thursday quarterly of the month March, June, September, December @ 5:30PM – City Hall, Conference Room 2A
Staff: Brittney Frye, Director of Human Resources, 510-583-4544

YOUTH COMMISSION
Mark Salinas

2nd Mondays of the month (Sept – May) @ 6:30pm, City Hall, Conference Room 2A No meetings July – August
Staff: Ivan Padilla, Lead Program Assistant, Office: 510-583-5382 Cell: 510-427-1649

KEEP HAYWARD CLEAN & GREEN TASK FORCE
Angela Andrews

4th Thursday of the month @ 7:00PM – City Hall, Conference Room 2A Staff: Todd Rullman, Director of Maintenance Services, 510-881-7746

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COUNCIL LIAISON COMMITTEES
ALAMEDA COUNTY AGENCIES AND OTHER ORGANIZATIONS (EFFECTIVE 1/17/24) Appointed by Mayor Every Two Years or as Needed

AC TRANSIT INTER-AGENCY LIAISON COMMITTEE – QUARTERLY
 Francisco Zermeño - Delegate
 George Syrop – Delegate

ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT – Monthly on the 2nd Wednesday @ 5:00 PM - Hayward  George Syrop – Delegate

ALAMEDA COUNTY TRANSPORTATION COMMISSION – Monthly on the 4th Thursday @ 2:00 PM - Oakland  Mark Salinas – Delegate
 Julie Roche – Alternate

ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY – Monthly on the 4th Wednesday @ 3:00 PM - Oakland  Francisco Zermeño – Delegate
 Dan Goldstein – Alternate

ASSOCIATION OF BAY AREA GOVERNMENTS - General Assembly – Biannual; usually in April and October - SFO  Francisco Zermeño – Delegate
 Julie Roche – Alternate

BAY AREA WATER SUPPLY & CONSERVATION AGENCY - Bi-monthly on the 3rd Thursday beginning in January @ 7:00 PM – at a location central to the three-county district, and not necessarily the same location each month.  Angela Andrews – Delegate (4 Year Term: July 1, 2021 – June 30, 2025)

AVA COMMUNITY ENERGY JOINT POWERS AUTHORITY (PREVIOUSLY THE EAST BAY COMMUNITY ENERGY JPA) – Monthly on the 3rd Wednesday @ 6:00 PM – Hybrid or Lake Merritt Room, CSUEB, The Oakland Center in Transpacific Centre
 Julie Roche – Delegate
 Dan Goldstein – Alternate

EAST BAY DISCHARGERS JOINT POWERS AUTHORITY - Monthly on the 3rd Thursday @ 9:30 AM – San Lorenzo  Angela Andrews – Delegate
 Julie Roche – Alternate

HAYWARD AREA SHORELINE PLANNING AGENCY (HASPA) – Quarterly on the 2nd Thursday (Jan, Apr, July, Oct) @ 3:00 PM Hayward Shoreline Interpretive Center, 4901 Breakwater Ave., Hayward, CA 94545.  Francisco Zermeño – Delegate
 Ray Bonilla, Jr. – Alternate

HAYWARD LOCAL AGENCIES COMMITTEE – Quarterly on the 2nd Thursday @ 4:30 PM - Hayward City Hall, Conference Room 2A (February, April, July and October)
 Mark Salinas – Delegate
 Julie Roche – Delegate

Page 4 of 4 ends

COUNCIL LIAISON COMMITTEES
ALAMEDA COUNTY AGENCIES AND OTHER ORGANIZATIONS CONT. (EFFECTIVE 1/17/24) Appointed by Mayor Every Two Years or as Needed

HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA – Monthly on the 2nd Wednesday @ 8:00 AM - Hayward  Dan Goldstein– Delegate
 Mark Salinas – Alternate

LEAGUE OF CALIFORNIA CITIES EAST BAY DIVISION – Monthly on the 4th Thursday @ 6:30 PM Various Locations in Alameda County
 Mark Salinas - Delegate
 George Syrop – Alternate

SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY– Biannual in January & July - during the BAWSCA meeting – Foster City
 Angela Andrews – Delegate

SOUTH HAYWARD FAMILY CENTER PROJECT GOVERNANCE GROUP – As needed  Mark Salinas – Delegate

VOLUNTEER COMMITTEE (NON-OFFICIAL) – As needed
 Mark Salinas – Delegate

MARTIN LUTHER KING JR. COMMITTEE (NON-OFFICIAL) – As needed  Mark Salinas – Delegate

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 24-002
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
1103 Walpert Street Rezoning: Proposed Zone Change of a 4.1-Acre Site Located at 1103 Walpert Street (Assessor’s Parcel Number (APN) 445-0040-003-03), from Planned Development (PD) District to Medium Density Residential (RM) District Consistent with the Medium Density Residential Land Use Designation, and Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act; Application No. MTA-23-0005. Applicant: Ronald Luter, Arc of the East Bay.

Owners: Arc of the East Bay

RECOMMENDATION
That the Council considers the Planning Commission’s recommendation and introduces the Ordinance (Attachment II) approving the Zone Change to Medium Density Residential District and adopts the resolution (Attachment III) approving the proposed Zone Change (Attachment IV) and finding that no further environmental review is required pursuant to the California Environmental Quality Act, based on the analysis set forth in the staff report based on the Findings and subject to the Conditions of Approval contained in the resolution.

SUMMARY
The applicant, Arc of the East Bay, is requesting approval of a Zone Change from Planned Development (PD) to Medium Density Residential (RM) at 1103 Walpert Street to allow the applicant to market the property to housing developers and to allow for a greater variety of housing development on the site. The existing PD District, established with the adoption of Resolution No. 04-127 on July 27, 2004, allows for the development of five group homes. The group home complex has not been completed since the PD District was established 20 years ago and the property owner has no intention of building the remainder of the group home complex. Thus, the applicable PD District significantly limits the development potential on the site.

This zone change application does not include a specific development proposal at this time. However, any future development would be required to undergo planning review and be consistent with the applicable Zoning and General Plan regulations. The proposed zone change would be consistent with the site’s current Medium Density Residential (MDR) land use designation in the Hayward 2040 General Plan.

CITY OF HAYWARD Printed on 1/26/2024Page 1 of 2
powered by Legistar™
File #:PH 24-002

ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
Attachment IV Proposed Zoning Map
CITY OF HAYWARD Printed on 1/26/2024Page 2 of 2
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DATE: January 30, 2024

TO: Mayor and City Council

FROM: Development Services Director

SUBJECT: 1103 Walpert Street Rezoning: Proposed Zone Change of a 4.1-Acre Site Located at 1103 Walpert Street (Assessor’s Parcel Number (APN) 445-0040- 003-03), from Planned Development (PD) District to Medium Density Residential (RM) District Consistent with the Medium Density Residential Land Use Designation, and Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act; Application No.

MTA-23-0005. Applicant: Ronald Luter, Arc of the East Bay. Owners: Arc of the East Bay

RECOMMENDATION

That the Council considers the Planning Commission’s recommendation and introduces the Ordinance (Attachment II) approving the Zone Change to Medium Density Residential District and adopts the resolution (Attachment III) approving the proposed Zone Change (Attachment IV) and finding that no further environmental review is required pursuant to the California Environmental Quality Act, based on the analysis set forth in the staff report based on the Findings and subject to the Conditions of Approval contained in the resolution.

SUMMARY

The applicant, Arc of the East Bay, is requesting approval of a Zone Change from Planned Development (PD) to Medium Density Residential (RM) at 1103 Walpert Street to allow the applicant to market the property to housing developers and to allow for a greater variety of housing development on the site. The existing PD District, established with the adoption of Resolution No. 04-127 on July 27, 2004, allows for the development of five group homes.

The group home complex has not been completed since the PD District was established 20 years ago and the property owner has no intention of building the remainder of the group home complex. Thus, the applicable PD District significantly limits the development potential on the site.

This zone change application does not include a specific development proposal at this time.

However, any future development would be required to undergo planning review and be consistent with the applicable Zoning and General Plan regulations. The proposed zone

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change would be consistent with the site’s current Medium Density Residential (MDR) land use designation in the Hayward 2040 General Plan.

BACKGROUND

From 1961 to 2010s, the Walpert Association owned and operated a community center that provided career, recreational, and educational opportunities to individuals with intellectual and development disabilities (I/DD) at 1101 Walpert Street. In 2004, the Walpert Association applied for a rezoning of the 1103 Walpert Street property, which is directly behind their community center, to provide residential opportunities for their clients. On July 27, 2004, the City Council approved the zone change from Medium Density Residential (RM) to Planned Development (PD) at the subject property to allow the construction of a group home complex1.

The proposed group home complex consisted of five residential buildings, a maintenance building, an accessway, parking, and other associated site improvements. However, due to financial constraints, only two of the five residential buildings, the accessway and parking were completed in 2009. According to the applicant, the buildings were used as offices rather than residences.

The Arc of the East Bay, which has operated in Hayward since 1969, became the owner of 1101 and 1103 Walpert Street in the 2010s. The Arc of the East Bay is also a service provider for individuals with I/DD. Their mission is to ensure that every individual affected by I/DD in the East Bay will have access to the information, advocacy, and skills they need to participate as active members of their communities. Most of their operations take place in the community center at 1101 Walpert; however, the organization does use the two residential buildings at 1103 Walpert Street for their administrative offices and adult day programs.

More information about their organization and programming can be found on their website2.

On January 11, 20243, the Planning Commission held a public hearing on the proposed project where the Commissioners recommended 7:0 that the City Council approve the proposed zone change.

DISCUSSION

Project Description

Existing Conditions: The project site is located within the Mission Foothills neighborhood, in northeastern Hayward. The site is composed of a 4.1-acre flag lot with a 30- to 50-foot- wide driveway access. The project site is generally flat with two sloped areas near Ward Creek and along a portion of the northern property line. As noted previously, the site is currently developed with two approximately 3,400 square feet buildings used for office

1 July 27, 2004 City Council Public Hearing https://portal.laserfiche.com/Portal/DocView.aspx?id=137990&repo=r-b6d2994c 2 Arc of the East Bay Website https://arceastbay.org/
3 January 11, 2024 Planning Commission Public Hearing
https://hayward.legistar.com/LegislationDetail.aspx?ID=6464324&GUID=D04ED3A1-82A5-4A7A-A227-34BDA4329BF3&Options=&Search=

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and group assembly uses, an accessway with two fire vehicle turnarounds, 14 parking spaces, and other minor site improvements.

The project site is predominantly surrounded by residential uses with the Walpert Hills Apartments to the east, attached residential units to the north and detached residential units to the south. There are also several non-residential uses abutting the property with the Arc of the East Bay community center to the north, Ward Creek and Memorial Park to the south and All Saints Cemetery to the west.

Project Description: The project proposes a Zone Change from PD District to RM District to allow for a greater variety of housing development on the site. Prior to submitting this application, the Arc of East Bay tried partnering with housing developers to construct housing for the I/DD clientele and the Hayward community at large. The existing zoning, which only allows for development of a group home complex, has been a barrier preventing this partnership. As noted above, the proposed Zone Change application does not include a proposal for development. If the rezoning is approved, the Arc of the East Bay will partner with an affordable housing developer to develop the site with integrated housing4.

Policy Context and Code Compliance

Hayward 2040 General Plan: The project site is designated as MDR in the Hayward 2040 General Plan, which allows residential densities ranging from 8.7 to 17.4 dwelling units per acre. This land use designation allows for detached residential units, attached residential units and multi-dwelling unit developments. The proposed Zone Change to RM District is consistent with the applicable MDR Hayward 2040 General Plan land use designation. The project is also consistent with the following policies of the General Plan:

 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- density apartments, condominiums, transit-oriented developments, live-work units, and units in mixed-use developments.
 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.
 H-3.6 Flexible Standards and Regulations. The City shall allow flexibility within the City’s standards and regulations to encourage a variety of housing types.  H-4.1 Flexible Development Standards. The City shall review and adjust as appropriate residential development standards, regulations, ordinances, departmental processing procedures, and residential fees that are determined to be a constraint on the development of housing, particularly housing for lower- and moderate-income households and for persons with special needs.

4 Integrated housing is housing in which individuals with disabilities live in the same community as individuals without disabilities.

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 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 located within a Planned Development (PD) District that only allows for the development of a group home complex. The applicant is requesting to rezone the project site to RM District to allow for a wider range of development types. Future development of the site will be subject to review by the city and compliance with our current regulations.

In accordance with Section 10-1.34255 of the Hayward Municipal Code, the following findings are required in order to approve the proposed Zone Change:

 Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward.  The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted policies and plans.
 Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified.
 All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.

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

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

The State of California is experiencing a housing crisis, with housing demand far outstripping supply. The recently adopted Hayward Housing Element found that Hayward is one of many cities in the State that is severely impacted by the housing crisis, experiencing high rates of cost burden, homelessness, overcrowding, and potential displacement of existing residents.

The proposed rezoning would remove barriers to allow for a greater variety of housing development on the site, make the site more attractive to housing developers, and thus expand the development opportunities on the site such as allowing for integrated multi-unit housing, which is not obtainable under current regulations.

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

1.3400AM_S10-1.3425PLCOPR

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Furthermore, the RM district was recently updated as part of the Hayward Residential Design Study. The Hayward Residential Design Study developed objective design and development standards to ensure the development of quality housing which is reflective of the community’s values. Therefore, future development of the site under the RM district will be more compatible and consistent with the City’s current vision than the existing PD, which approved in 2004.

Environmental Review

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan. On July 1, 20146, the City Council adopted Resolution No. 14-108, approving the Hayward 2040 General Plan Program Environmental Impact Report (EIR).

In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessary. However, none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. The Program EIR covers the subject zoning map amendments, and the said amendments are fully consistent with the General Plan Land Use diagram.

Based the analysis provided in this staff report, no new or unanticipated levels of development are anticipated that were not previously identified in the General Plan and General Plan EIR, and no new or unanticipated traffic, residential or employment density, or construction impacts are expected to be generated because of the rezoning. Therefore, the proposed Amendments substantially conform to the Goals and Policies set forth in the General Plan that were analyzed in the related Program EIR. No further environmental review is necessary.

STRATEGIC ROADMAP

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

ECONOMIC IMPACT

The proposed project may result in the redevelopment of an underutilized site in an existing residential setting. Any future 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, future development 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

6 July 1, 2014 City Council Public Hearing: https://hayward.legistar.com/MeetingDetail.aspx?ID=454197&GUID=D9DE9F92-CD16-42A8- B5DC-7A907388002D&Options=info|&Search=

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The project does not include any development at this time and therefore, it will have no fiscal impact. The fiscal impact of any future development will be evaluated when received.

SUSTAINABILITY FEATURES

The project does not include any development and therefore, there are no project specific sustainability features at this time. However, the proposed project may result in residential development on an infill site. Infill residential development helps preserve wild spaces and previously undeveloped land by reducing the need for sprawl. Furthermore, infill development has the potential to reduce vehicle miles traveled, and in turn, improve regional air quality.

PUBLIC CONTACT

On May 25, 2023, a Notice of Receipt of Application was mailed out to 307 property owners, residents, businesses, and community groups (Mission Foothills Neighborhood Task Force) within 300 feet of the project site.

On December 22, 2023, notices of this 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.

To date, staff has received no public comments.

NEXT STEPS

If the City Council approves the proposed project, the applicant will reach out to developers for partnerships and market the site.

Prepared by: Taylor Richard, Associate Planner

Recommended by: Sara Buizer, AICP, Development Services Director

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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ORDINANCE NO. 24-_

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING

ORDINANCE) OF THE HAYWARD MUNICIPAL CODE

REZONING A PROPERTY TO THE MEDIUM DE NSITY

RESIDENTIAL DISTRICT IN CONNECTION WITH ZONE
CHANGE APPLICATION NO. MTA-23-0005

WHEREAS, on January 30, 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 Municip al Code is hereby amen ded to rezone one parcel located at 1103 Walpert Street (Assessor P arcel No. (APN) 445-0040-003-03), to the Medium Density Residential District, subject to the findings and condi tions 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 shal l not affect the validity of the remainder of this or dinance, which shall continue in f ull force and effect, provided the remaind er of the ordinance, absent the excised portion, can be reasonably inte rpreted to give effect to intentions of the City Council.

Section 3. Effective Date.

This ordinance shall become effective immediately upon adoption.

ATTACHMENT II

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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

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-___

Introduced by Council Member __________

RESOLUTION APPROVING A ZONE CHANGE AND FINDINGS THAT NO

FURTHER ENVIRONMENTAL REVIEW I S REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONME NTAL QUALITY ACT ; ARC O F THE EAST B AY (APPLICANT/OWNER)

WHEREAS, on May 9, 20 23, Arc of the East Bay , submitted Zone Change Application No. MTA-23-0005, to rezone an existing parcel from Planned Development (PD) District to Medium Density Residential (RM) District located at 1103 Walpert S treet (Assessor’s Parcel Number (APN) 445-0040-003-03); and

WHEREAS, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan and certified by the City Council on July 1, 2014 pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168 . In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred . The Program EIR covers the subject zoning map amendments, and the said amendments are fully consistent with the General Plan Land Use designation. Future development would undergo site and project specific review. No further environmental review is necessary; and

WHEREAS, on January 11, 20 23, the Planning Commission held a duly noticed public hearing on th e proposed project and voted 7:0 to recommend City Council’s approval of the project; and

WHEREAS, on January 19, 20 24, 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 30, 20 24, the City Council he ld a p ublic hearing and accepted public testimony on the proposed project.

ATTACHMENT III

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NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following findings:

CALIFORNIA ENVIRONMNTAL QUALITY ACT

A. Pursuant to California Environmental Quali ty Act (CEQA) Guidelines Section 15168, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan. On July 1, 20145, the City Council adopted Resolution No. 14 -108, approving the Hayward 2040 General Plan Program Environmental Impact Report (EIR).

B. In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessar y.

However, none of the conditi ons described in Section 15162 calling for prepa ration of a subsequent EIR have occurred. The Program EIR covers the subject zoning map amendments, and the said amendments are fully consistent with the General Plan Land Use diagram.

C. Based the analysis pr ovided in this staff report, no new or unanticipated levels of development are anticipated that were not previously identified in the General Plan and General Plan EIR, and no new or unanticipated traffic, residential or employment density, or construction impacts are expected to be generated because of the rezoning. Therefore, the proposed Amendments substantially conform to the Goals and Policies set forth in the General Plan that were analyzed in the related Program EIR. No further environmental review is necessary.

ZONE CHANGE

A. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward.

The State of California is experiencing a housing supply crisis, with housing demand far outstripping supply. In 2018, California ranked 49th out of the 50 states in housing units per capita. As noted in the recently adopted Hayward Housing Element, the city is one of many cities in the State that is severely impacted by the housing crisis, experiencing high rates of cost burden, homelessness, overcrowding, and potential displacement of existing residents. The proposed rezoning would remove barriers to allow for a greater variety of housing development on the site.

Unlike the existing Planned Development (PD) district, the Medium Density Residential (RM) district was recently updated as part of the Hayward Residential Design Study. The Hayward Residential Design Study developed objective design and development standards to ensure the development of quality housing which is reflective of the community’s values. Therefore, future development of the site under the RM district will be more compatible and consistent with the City’s current vision than the Planned Development District that was adopted in 2004.

ATTACHMENT III

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B. The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted policies and plans.

The proposed rezoning from PD to RM District will be in harmony with all applicable City policies including but not limited to the Zoning Ordinance, Hayward 2040 General Plan, and the City Council Strategic Roadmap priority to preserve, protect and produce housing for all. The intent of the RM District, which is to promote and encourage a suitable e nvironment for households of all types and sizes, seamlessly aligns with the existing General Plan land use designation of Medium Density Residential (MDR). The MDR designation allows for the development of detached residential units, attached residential units and multi -dwelling units with a density of 8.7 to 17.4 dwelling units per net acre. The rezoning further aligns with the following policies in the Housing and Land Use Elements of the Hayward 2040 General Plan which focuses on goals and policies to accommodate future growth and promote housing development.
 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 si ngle family uses, moderate - density townhomes, and higher -density apartments, condominiums, transit - oriented developments, live -work units, and units in mixed -use developments.
 H-3.4 Residential Uses Close to Services. The City shall encourage development of r esidential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.  H-3.6 Flexible Standards and Regulations . The City shall allow flexibility within the City’s standards and regulations t o encourage a variety of housing types.
 H-4.1 Flexible Development Standards. The City shall review and adjust as appropriate residential development standards, regulations, ordinances, departmental processing procedures, and residential fees that are determined to b e a constraint on the development of housing, particularly housing for lower - and moderate -income households and for persons with special needs.
 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.

ATTACHMENT III

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C. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified.

No development project is being proposed in association with this Zone Change.

However, the change from PD to RM District is consistent with the Medium Density Residential land use designation attributed to the site and analyzed in th e Environmental Impact Report (EIR) prepared for the Hayward 2040 General Plan.

The General Plan EIR analyzed the streets, utilities, and public facilities , ensuring their capacity for future growth. The rezoning is full consistent with the General Plan land use designation as described further in Finding B.

D. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.

Approval of the rezoning would reclassify the PD parcel as RM, which is compatible with the existing underlying General Plan land use designati on of MDR as noted in Finding B. Both the RM zoning district and MDR General Plan land use designatio n allow for a variety of residential development as well as compatible community serving uses. Any future uses would be evaluated for consistency with the RM District use regulations prior to their establishment. While the current PD zoning only allows for the development of five group homes, the proposed rezoning would expand the development opportunities on the site such as allowing for integrated multi-unit housing which is not obtainable under the existing regulations.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby approves the Zone Change Application No. MTA-23- 0005, subject to the adopt ion of the companion ordinance (Ordinance No. 24-___) rezoning one parcels located at 1103 Walpert Street (Assessor Parcel No. (APN) 445-0040-003-03), to the Medium Density Residen tial District, subject to the attached conditions of approval (Exhibit I); and finds that no further environmental review is necessary.

ATTACHMENT III

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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
Exhibit I
I-1

ZONE CHANGE APPLICATION NO. MTA-23-0005 – Applicant/Owner: Arc of the East Bay– Proposed Zone Change to rezone an existing parcel from Planned Develo pment (PD) District to Medium Density Residential (RM) Di strict located a t 1103 Walper t Stree t (Assessor’s Parcel Number (APN) 445-0040-003-03).

GENERAL

1. The approval of Zoning Map Amendment Application No. MTA-23-0005 shall be limited to rezoning of the 4.1-acre site at 1103 Walpert Steet (APN: 445-0040-003- 03) from Planned Development (PD) district to the Medium Density Residential (RM) district.

2. The developer shall assume the defense of and shall pay on behalf of and hold harmless the City, its officers, employees, volunteers and agents from and against any or all loss, liability, expense, claim costs, suits and damages of every kind, nature and description directly or indirectly arising from the performance and action of this permit.

3. The permittee, property owner or designated representative shall allow the City’s staff to access the property for site inspection(s) to confirm all approved conditions have been completed and are being maintained in compliance with all adopted city, state and federal laws.

4. Failure to comply with any of the conditions set forth in this approval, or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a Certificate of Occupancy until full compliance is reached. The City' s requirement for full compliance may require minor corrections and/ or complete demolition of a non-compliant improvement regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were filed to construct the project.

5. All outstanding fees owed to the City, including permit charges and staff time spent processing or associated with the development review of this application shall be paid in full prior to any consideration of a request for approval extensions and/or the issuance of a building permit.

6. If determined to be necessary for the protection of the public peace, safety and general welfare, the City of Hayward may impose additional conditions or restrictions on this permit. Violations of any approved land use conditions or requirements will result in further enforcement action by the Code Enforcement Division. Enforcement includes, but is not limited to, fines, fees/penalties, special assessment, liens, or any other legal remedy required to achieve compliance including the City of Hayward instituting a revocation hearing before the Planning Commission.

Exhibit I
I-2

7. The owner shall maintain in good repair all building exteriors, walls, lighting, drainage facilities, landscaping, driveways, and parking areas. The premises shall be kept clean and weed-free.

8. The applicant shall be responsible for graffiti-free maintenance of the property and shall remove any graffiti within 48 hours of occurrence or City notification.

9. Any future development shall be reviewed by the Planning Director or the reviewing body specified by the Zoning Ordinance. Future development shall be compliant with all applicable local and state regulations.

-END OF CONDITIONS-

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Marchand Ct
Carmelita Dr
Antonella Pl
2nd St
Roxanne Ave
Rowena Dr
Tiegen Dr
Leona Dr
Janssen Ct
Walpert St
Walpert St
Holmes Way
Marie Dr
Amaranth Loop
Fletcher Ln
RH
PD
MB-CN
RM
RS
RH
RSB6RSB6
RS
RSB6
A
PD
RH
RSB6
RSB6
RS
PD
RM
RM
MB-CS
I
0 100 200 300
Feet
Proposed Zoning Map
December 2023

MTA-23-0005 Map and Text Amendment
Address:
1103 Walpert St
Applicant:

Judy Vierra/The Arc of the East Bay
Owner:

Ronald Luter
SITE
RM
Zoning Classifications

RESIDENTIAL
RH High Density Residential, min lot size 1250 sqft
RM Medium Density Residential, min lot size 2500 sqft
RS Single Family Residential, min lot size 5000 sqft
RSB6 Single Family Residential, min lot size 6000 sqft

MISSION BLVD FORM-BASED CODE
MB-CS Civic Space Zone

OPEN SPACE
A Agricultural
OTHER
PD Planned Development

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 24-003
DATE: January 30, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Hayward 2040 General Plan: Adopt Resolutions Amending the Hayward 2040 General Plan to Include the Updated Climate Action Plan, an Amended Hazards Element, and a New Environmental Justice Element; and Approval of Related Environmental Analysis Prepared Pursuant to the California Environmental Quality Act

RECOMMENDATION
That the Council adopts a resolution approving an amendment to the Hayward 2040 General Plan to incorporate the updated Climate Action Plan (Attachment II), and reviews and makes findings to approve the Initial Study, Negative Declaration, and Greenhouse Gas Emissions Thresholds Guidance Report prepared pursuant to the California Environmental Quality Act; and that the Council adopts a resolution approving amendments to the Hayward 2040 General Plan to include an updated Hazards Element and a new Environmental Justice Element (Attachment III), and makes findings to approve the related Addendum prepared pursuant to the California Environmental Quality Act.

SUMMARY
This report summarizes amendments to the Hayward 2040 General Plan and Climate Action Plan including:
· An updated Climate Action Plan (CAP) to address the climate crisis and establish the policies and programs needed to meet the greenhouse gas (GHG) reduction targets adopted by Council. · An updated Hazards Element incorporating new policies and programs and amendments to existing policies to adequately address climate crisis hazards and improve community resilience in compliance with recent state legislation.
· A new Environmental Justice Element addressing negative environmental impacts known to disproportionately affect marginalized populations, by adopting specific policies and programs that address pollution burden, public facilities, food access, safe and sanitary homes, physical activity and health, and civic engagement, as required by State law.

This project was initiated in the summer of 2021 when the City hired Rincon Consultants to conduct a CITY OF HAYWARD Printed on 1/26/2024Page 1 of 2
powered by Legistar™
File #:PH 24-003
comprehensive update of the City’s Housing Element, Climate Action Plan, Hazards Element and Environmental Justice Element. Community engagement for all four elements was conducted between 2021 and 2023 in order to maximize community outreach, support relationship building, and ensure comprehensive and consistent messaging around the topics of housing, environmental justice, safety and hazard planning, and climate change. Earlier this year, the City completed work on the Housing Element, which was subsequently certified by the State in July 2023.

The CAP, Hazards, and Environmental Justice Elements were released for a 40-day public review period between October 2023 and December 2023. A summary of comments, staff responses, and modifications to the Draft documents is included in Attachment IV to this report. Following recommendations of approval by the Council Sustainability Committee (November 13, 2023), and the Planning Commission (December 14, 2023), staff is recommending that the City Council review and approve the updates to the Climate Action Plan, Hazards Element and new Environmental Justice Element and related CEQA Greenhouse Gas Emissions thresholds (Attachment V), General Plan Implementation Programs (Attachment VI), and related environmental analysis for the CAP and Hazards Element/Environmental Justice Element (Attachments VII and VIII, respectively).

The City’s GHG reduction targets are very ambitious and will be very challenging to achieve. The CAP, Hazards, and Environmental Justice elements have a combined total of 223 new actions and programs that would implement the draft policies. The updated CAP identifies more than 180 actions and programs - all of which will need to be implemented to meet the 2030 GHG reduction target in less than six years.

As a result, staff will request significant resources to implement the CAP. In addition, significant community participation will be required to successfully implement the various programs included in the CAP. These documents are aspirational and even if all goals and programs are not achieved within the stated timeframes, progress will have been made towards the City’s long term GHG reduction and related goals.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution CAP
Attachment III Resolution Hazards and Environmental Justice Elements Attachment IV Public Comments and Responses
Attachment V Final CEQA GHG Emissions Thresholds+Guidance Report Attachment VI General Plan Implementation Programs
Attachment VII Final Initial Study and Negative Declaration for CAP and Environmental Justice Attachment VIII CEQA Addendum to CAP
Attachment IX Draft CAP with Appendices
Attachment X Draft Hazards Element and Technical Reports Attachment XI Draft Environmental Justice Element and Technical Report CITY OF HAYWARD Printed on 1/26/2024Page 2 of 2
powered by Legistar™

Page 1 of 16 ends

DATE: January 30, 2024

TO: Mayor and City Council

FROM: Director of Development Services
Director of Public Works

SUBJECT: Adopt Resolutions Amending the Hayward 2040 General Plan to Include the Updated Climate Action Plan, an Amended Hazards Element, and a New Environmental Justice Element; and Approval of Related Environmental Analysis Prepared Pursuant to the California Environmental Quality Act

RECOMMENDATION

That the Council adopts a resolution approving an amendment to the Hayward 2040 General Plan to incorporate the updated Climate Action Plan (Attachment II), and reviews and makes findings to approve the Initial Study, Negative Declaration, and Greenhouse Gas Emissions Thresholds Guidance Report prepared pursuant to the California Environmental Quality Act; and that the Council adopts a resolution approving amendments to the Hayward 2040 General Plan to include an updated Hazards Element and a new Environmental Justice Element (Attachment III), and makes findings to approve the related Addendum prepared pursuant to the California Environmental Quality Act.

SUMMARY

This report summarizes amendments to the Hayward 2040 General Plan and Climate Action Plan including:
 An updated Climate Action Plan (CAP) to address the climate crisis and establish the policies and programs needed to meet the greenhouse gas (GHG) reduction targets adopted by Council.
 An updated Hazards Element incorporating new policies and programs and amendments to existing policies to adequately address climate crisis hazards and improve community resilience in compliance with recent state legislation.  A new Environmental Justice Element addressing negative environmental impacts known to disproportionately affect marginalized populations, by adopting specific policies and programs that address pollution burden, public facilities, food access, safe and sanitary homes, physical activity and health, and civic engagement, as required by State law.

Page 2 of 16 ends

This project was initiated in the summer of 2021 when the City hired Rincon Consultants to conduct a comprehensive update of the City’s Housing Element, Climate Action Plan, Hazards Element and Environmental Justice Element. Community engagement for all four elements was conducted between 2021 and 2023 in order to maximize community outreach, support relationship building, and ensure comprehensive and consistent messaging around the topics of housing, environmental justice, safety and hazard planning, and climate change. Earlier this year, the City completed work on the Housing Element, which was subsequently certified by the State in July 2023.

The CAP , Hazards, and Environmental Justice Elements were released for a 40-day public review period between October 2023 and December 2023. A summary of comments, staff responses, and modifications to the Draft documents is included in Attachment IV to this report. Following recommendations of approval by the Council Sustainability Committee (November 13, 2023), and the Planning Commission (December 14, 2023), staff is recommending that the City Council review and approve the updates to the Climate Action Plan, Hazards Element and new Environmental Justice Element and related CEQA Greenhouse Gas Emissions thresholds (Attachment V), General Plan Implementation Programs (Attachment VI), and related environmental analysis for the CAP and Hazards Element/Environmental Justice Element (Attachments VII and VIII, respectively).

The City’s GHG reduction targets are very ambitious and will be very challenging to achieve.

The CAP , Hazards, and Environmental Justice elements have a combined total of 223 new actions and programs that would implement the draft policies. The updated CAP identifies more than 180 actions and programs – all of which will need to be implemented to meet the 2030 GHG reduction target in less than six years. As a result, staff will request significant resources to implement the CAP . In addition, significant community participation will be required to successfully implement the various programs included in the CAP . These documents are aspirational and even if all goals and programs are not achieved within the stated timeframes, progress will have been made towards the City’s long term GHG reduction and related goals.

BACKGROUND

In July 2009, Hayward adopted its first CAP , which included aggressive goals for reducing GHG emissions. The CAP was amended and incorporated into the General Plan1 in 2014 and includes actions necessary to meet Hayward’s 2020 GHG reduction target (20% below 2005 levels by 2020). This target was achieved two years early, with Hayward’s 2018 emissions inventory showing that community-wide emissions were reduced by 21.6% from 2005 to 2018. In January 2021, staff presented Hayward’s 2019 GHG inventory2 to the Council Sustainability Committee (CSC) indicating that emissions had been reduced by

25.7% since 2005.

1https://www.hayward-ca.gov/sites/default/files/documents/General_Plan_FINAL.pdf 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4747797&GUID=2B1F0C6F-B961-4AA3-9553-240ACE74B4B1&Options=&Search=

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On July 1, 2014, Council adopted Resolution No. 14-108, approving the Hayward 2040 General Plan3 (General Plan), a comprehensive planning document that provides a policy framework to guide decision-making related to land use, growth and development, safety, and open space conservation. The General Plan contains various State-mandated Elements including Land Use, Mobility, Natural Resources, Facilities/Services, Hazards, and Housing.

Hayward’s General Plan also contains Elements that are not mandated by the State but address jurisdiction specific issues such as Economic Development, Education and Community Health and Quality of Life.

In September 2016, the State adopted Senate Bill 10004 requiring jurisdictions to analyze the presence of disadvantaged communities and to incorporate environmental justice policies into their general plans. Disadvantaged communities are neighborhoods with low- income households that are exposed to pollution (e.g., freeways, landfills) as determined by the California Environmental Protection Agency (CalEPA). In 2017, State law was amended to require jurisdictions to update the Hazards Element in conjunction with the Housing Element, and that environmental justice policies to be incorporated into the General Plan upon the adoption of two or more general elements.

On June 16, 20205, Council introduced and on June 23, 20206, Council adopted an ordinance amending Hayward’s Climate Action Plan and General Plan to include the following goals:
 Reduce emissions by 30% below 2005 levels by 2025.
 Reduce emissions by 55% below 2005 levels by 2030.
 Work with the community to develop a plan that may result in the reduction of community based GHG emissions to achieve carbon neutrality by 2045.

On July 20, 20217, Council adopted a resolution authorizing the City Manager to execute an agreement with Rincon Consultants to prepare General Plan amendments related to the Housing Element, Climate Action Plan, Environmental Justice Element, and the Hazards Element.

Staff presented draft policies and programs for the CAP and the Environmental Justice Element to the CSC on May 9, 20228, to Council during a work session on May 24, 20229, and to the Planning Commission during a work session on May 26, 202210. On October 6,

3 https://www.hayward2040generalplan.com/
4 Environmental Justice in Local Land Use Planning. https://oag.ca.gov/environment/sb1000 5 Amending the 2040 General Plan and Adoption of Ordinance to Comply with State Law Changes to Establish Vehicle Miles Traveled (VMT) Thresholds & Updates Greenhouse Gas Emissions (GHG) Reduction Targets. June 16, 2020 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=4568609&GUID=46FF5863-9294-4217-9119-9631D7A2BB6F&Options=&Search= 6Second Reading of VMT Thresholds and GHG Emission Reduction Targets Ordinance. June 23, 2020 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=4576651&GUID=4E2F5527-D216-4472-BB79-5D9A37A41AE8&Options=&Search= 7 https://hayward.legistar.com/LegislationDetail.aspx?ID=5034289&GUID=A1DD2D35-7B4A-42C8-9284- 7DEB78AAD470&Options=&Search=
8 https://hayward.legistar.com/LegislationDetail.aspx?ID=5644445&GUID=18072FD1-2F1C-4355-91BE-CA6780C8961A&Options=&Search= 9 https://hayward.legistar.com/LegislationDetail.aspx?ID=5659884&GUID=5AF582D6-E7A0-4DB1-95EB-2F51C8FE0B50&Options=&Search= 10 https://hayward.legistar.com/LegislationDetail.aspx?ID=5658537&GUID=3F6E3D98-6992-436C-96FE-EB4F06B9C642&Options=&Search=

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202211, staff presented a draft list of CAP measures and actions to the CSC who provided the following comments:
 The significant community outreach – especially the surveys completed by students is appreciated.
 More information on the timing of each recommended action would be helpful.  Prioritize the actions that will have the largest impact on GHG emissions.  Resiliency policies suggested by Save the Bay should be addressed.  We need to have more schools involved.
 The full list is overwhelming; a summary version would be helpful for CSC and Council review.
 Buy-in from the full Council is needed. A survey may be appropriate.

On February 5, 2023, in accordance with statutory deadlines, the 6th Cycle Housing Element was adopted by the City Council and certified by the State Department of Housing and Community Development (HUD) on July 27, 202312. However, the Hazards Element and Environmental Justice Element paralleled the process for the Climate Action Plan in that the policies and programs for all three are closely linked.

On March 13, 202313, staff presented a draft survey featuring 19 actions to the CSC. In late March, staff sent to Council the survey, which was revised to incorporate CSC comments. On May 16, 202314, staff presented to Council a report on the CAP Update15 which included draft GHG emissions reduction measures and actions16. Council offered comments including the following:
 There was support for measures and actions which included: prioritizing conducting an urban tree canopy study, creating exemptions for electrification of existing homes for low-income residents, prioritizing a ban on problem solid waste materials and creating a new staff position.
 The City’s Recycling Fund and grants should be considered for project implementation.
 Timeframes for measures and respective actions seemed a little long.  Proposed projects need to include pathways for low-income residents.

In addition, prior to the May 16 Council meeting, the Keep Hayward Clean and Green Task Force submitted a letter of support for various actions across the Building Electrification and Transportation sectors of the CAP.

Between October 4, 2023 and November 14, 202317, the Draft CAP , Hazards Element and Environmental Justice Element were released for a 40-day public review period. On

11 https://hayward.legistar.com/LegislationDetail.aspx?ID=5860957&GUID=64D86CA2-B9AA-4EBB-8236- 1D2362C48DB6&Options=&Search=
12 Hayward Housing Element Timeline. https://www.hayward-ca.gov/your-government/departments/planning-division/hayward-housing- element-climate-action-plan-safety-element-and-environmental-justice-update 13 https://hayward.legistar.com/LegislationDetail.aspx?ID=6058176&GUID=42713090-8BC0-44FF-8852-4B58DE142895&Options=&Search= 14 CITY OF HAYWARD - Meeting of City Council on 5/16/2023 at 7:00 PM (legistar.com) 15 Group-UES-Administration - Attachment II Full list of CAP Measures.pdf - All Documents (sharepoint.com) 16 https://hayward.legistar.com/View.ashx?M=E2&ID=1099951&GUID=EA02DC11-6511-4D76-A839-5DA0F2B41DCB 17 Hayward Housing and Climate Update website. https://haywardhousingandclimateupdate.com/get-involved/

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October 30, 2023, a public workshop was held to receive comments on the Draft documents. The virtual workshop was attended by 16 community members who generally supported the proposed General Plan Amendments and made comments regarding the following:
 Current lack of bike parking areas in Hayward.
 Accounting for Russell City Energy Center emissions in the GHG emission inventory.  Tree planting – species and locations.
 Addressing gentrification in the CAP .
 Cleaning up local creeks.
 Partnering with Chabot College and CSU East Bay.
 How can the City address climate change while allowing new development that destroys the natural world?
 How is the City getting the word out about the CAP?
 Carbon sequestration may not be effective in the long run.  Does the CAP address emissions from airport?
 Is there an intention to improve Hayward Loop?
 How is the City planning to make the city more resilient to drought and/or flooding?  How will synthetic turf be recycled?
 Grant funding to fund CAP actions, including shoreline restoration/resiliency work.  Sanctuary areas where old growth trees could be protected.

During the 40-day public review period, staff received 10 emails and three letters from an individual member of the public, Saves the Bay/Greenbelt Alliance, and the Hayward Area Recreation District. Public comments focused on issues related to artificial turf, food recovery programs, support for certain education programs, measuring airport emissions, managing fire hazards, tribal outreach and adoption of a smoke-free multi-family housing ordinance. Saves the Bay/Greenbelt Alliance comments provided specific changes and additions to policies around climate change, sea level rise, green infrastructure, monitoring pollution burden, increasing green/open space and tree canopy. The Hayward Area Recreation District comments center on expanding park connectivity to include City-wide assets, that geographical areas be well defined, that safety policies be expanded to discuss collaboration between HARD and Hayward Police Department and that the City and HARD work collaboratively with Hayward Unified School District to identify joint use facilities to expand park and recreational offerings. Copies of all comments on the proposed CAP and General Plan Amendments are included as Attachment IX.

On November 13, 202318, staff presented the Draft CAP, Hazards Element and Environmental Justice Element to the CSC. The Committee discussed various topics including completion of an Urban Forest Management Plan, a future ban on synthetic turf, emergency evacuation routes, rebates for e-scooters, tree planting, installation of shade structures where trees are not possible, air quality, resiliency of the City’s water supply infrastructure, recognition of the need to limit car parking to reduce emissions versus the

18 November 13, 2023, Council Sustainability Committee meeting. https://hayward.legistar.com/MeetingDetail.aspx?ID=1135182&GUID=620F5DE1-164D-4D6F-89E4-43122290528A&Options=&Search=

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need for residents to have safe, convenient parking, and distribution of compost per State Law. Following the discussion, the Committee voted unanimously to recommend that the full Council adopt the General Plan amendments.

On December 14, 202319, the Planning Commission held a Public Hearing to consider the draft CAP , Hazards Element and Environmental Justice Element and voted 5:1 to recommend that Council adopt the General Plan Amendments and related environmental analysis. There were two public comments made at the hearing emphasizing the inclusion of an assessment of flood risk from extreme storms in future Hazards updates, and concern about the efficacy of the CAP and environmental health while the City continues to develop.

Planning Commissioner comments included overall support for the documents while voicing concern surrounding outreach, equity, roadmaps and action prioritization, impacts of electric appliances, cost of implementing actions, transportation, and seismic retrofitting.

A comprehensive list of community and Commission comments and staff responses is provided in Attachment IV to this report.

Statutory Requirements: The Climate Action Plan update is being undertaken pursuant to Health and Safety Code 38566 (as amended by Senate Bill 32), which set a statewide GHG reduction target of 40% below 1990 levels by 2030. Although the City of Hayward targets utilize a different baseline year from the State of California, Hayward’s GHG reduction targets are equivalent to the State’s targets. The CAP update is also being undertaken pursuant to Health and Safety Code 38562.2 (as amended by Assembly Bill 1279), which requires that California achieve net zero GHG emissions as soon as possible, but no later than 2045.

Amendments to the Hazards Element are being undertaken pursuant to Government Code 65302 (as amended by Senate Bill 379), which required that local jurisdictions include climate adaptation and resiliency strategies in the safety elements of their general plans upon the next revision of their housing elements. Further, the evacuation analysis prepared for the Hazards Element update was undertaken pursuant to Assembly Bill 747 and Senate Bill 99, which require that agencies evaluate the resiliency of the transportation system, capacity of evacuation routes and identify key routes for communities with limited access.

The Environmental Justice Element is being undertaken pursuant to Government Code Section 65040.12(e) (Senate Bill 1000), requiring that jurisdictions to identify “disadvantaged communities” and to incorporate environmental justice policies and programs into their general plans.

General Plan Amendments: Per HMC Section 10-1.3425(b), the Planning Commission may recommend approval of the General Plan Amendment(s) upon making the following findings:

19 December 14, 2023 Planning Commission Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=6445381&GUID=A4B7B941- 81FB-41F6-AE64-7B0DDAF2F6F6&Options=&Search=

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1. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward.

2. The proposed change is in conformance with the purposes of the Zoning Ordinance and all applicable, officially adopted policies and plans.

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified; and

4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and further, a beneficial effect will be achieved which is not obtainable under existing regulations.

DISCUSSION

Climate Action Plan

The CAP update identifies policies and programs necessary to put Hayward on a path to carbon neutrality by 2045 and achieve the City’s adopted 2030 GHG reduction target, aligned with State targets per SB 32. The updated CAP provides measures, or specific, quantifiable goals, and actions to support those measures. For example, Measure BE-2 is to electrify single-family residential buildings in order to achieve 91 therms/person/year by 2030 and is supported by 16 actions. One Action, BE-2.1, is to conduct a feasibility study to develop strategies to electrify 10% of existing buildings by 2030. Actions may be feasibility studies, policies, or programs.

An analysis of GHG emission reduction quantification was conducted by consultants that modeled the expected reduction in GHG emissions for 13 measures out of the total 17 draft measures to collectively reduce GHG emissions by 55% by 2030. This trajectory and quantification allows this document to be classified as a “qualified CAP” according to SB 32, meaning it can be used for future GHG emissions analysis streamlining related to the California Environmental Quality Act (CEQA).

Draft Measures – The draft measures address emissions resulting from the following five sectors:
 Building Energy
 Transportation
 Waste
 Water and Wastewater
 Carbon Sequestration

The 13 measures with quantified GHG reductions are spread throughout the sectors; there are four in building energy, five in transportation, one in waste, one in wastewater, and two in carbon sequestration. To support and implement the Measures, the CAP has 182 actions that will be implemented over the course of the next six years. The full draft CAP is available on the project website or directly here. A complete list of the Measures and Actions is included in Table 29, Section 13, of the draft CAP .

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Inter-departmental collaboration and support will be crucial to the success of equitable and efficient implementation of CAP actions. Staff is currently working to identify gaps in funding and personnel. Additionally, many departments have completed or are currently conducting studies and programs that align with CAP measures. Of the 182 Actions, 40 are already underway. Two examples are the Micromobility Feasibility Study by the Transportation Division and the Tree Preservation Ordinance Update by the Planning Division. The existing CAP Actions that are underway may be further developed by assigning staff leads and/or additional funding.

Several measures include feasibility studies as the first step in implementation to identify gaps in resources and information. These studies will equip staff to minimize unintended consequences and center equity when implementing policies and programs. The updated CAP (Attachment IX) includes the following appendices:

 Appendix A - Climate Regulatory Context
 Appendix B - GHG Inventory Methodology and Modeling
 Appendix C - GHG Emissions Forecasts and Gap Analysis  Appendix D - GHG Reduction Measures Quantification and Evidence  Appendix E - GHG Reduction Measures Cost Ranges
 Final CEQA GHG Emissions Thresholds+Guidance Report

Once the CAP is adopted, the Measures and Actions will be incorporated into Part 4, Administration and Implementation, of the Hayward 2040 General Plan. Attachment VI shows in tracked changes the existing General Plan programs that are proposed to be amended or deleted as many are intended to be replaced by the new CAP Measures and Actions.

Hazards Element. The Hazards Element update (Attachment X) includes policies and programs to address natural and man-made hazards including expanding regional coordination and addressing seismic and geologic hazards, flood hazards, rising sea levels, urban wildfire hazards, climate change adaptation and resiliency, hazardous materials, evacuation capacity, and airport hazards.

In accordance with State law, the City prepared a Climate Change Vulnerability Assessment20 and an Evacuation Analysis21 as part of the Hazards Element update (see also Attachment X). The Assessment identified new and anticipated climate-change related impacts and hazards in Hayward, including extreme heat, variable precipitation, drought, regional wildfire, and sea level rise. The Evacuation Analysis identified opportunities to improve connectivity and resiliency of the transportation system under a range of emergency scenarios. These reports, along with work that the City has completed in conjunction with the Shoreline Adaptation Master Plan22, were utilized to update and

20 Climate Change Vulnerability Assessment. https://haywardhousingandclimateupdate.com/wp-content/uploads/2023/10/Safety- Appendix_A-Climate-Vulnerability-Assessment_Public-Review-Draft.pdf 21 Hayward Evacuation Analysis. https://haywardhousingandclimateupdate.com/wp-content/uploads/2023/10/Safety-Appendix- B_Hayward-Evacuation-Analysis-Memorandum_DRAFT.pdf
22 Shoreline Adaptation Master Plan. https://www.hayward-ca.gov/shoreline-master-plan

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create new policies and programs in the Hazards Element to address these emerging hazards. The following goals are proposed to be modified:
 Goal 1. Regional Coordination;
 Goal 2. Seismic and Geologic Hazards;
 Goal 3. Flood Hazards;
 Goal 4. Rising Sea Levels;
 Goal 5. Urban Wildfire Hazards;
 Goal 6. Climate Change Adaptation and Resilience; and  Goal 8. Evacuation Capacity

Environmental Justice Element. California law defines “environmental justice” as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (Government Code Section 65040.12(e)). Through SB 1000, jurisdictions are required to identify “disadvantaged communities” within their planning area and incorporate environmental justice policies and programs into their general plans.

According to the Environmental Justice Technical Report23 prepared to accompany the Environmental Justice Element (Attachment XI), none of the 37 census tracts within the City of Hayward meet the state definition of a “disadvantaged community” (DAC). A DAC is defined as a tract that scores in the 75th percentile threshold using the CalEPA Cal EnviroScreen tool, which uses existing environmental, health, and socioeconomic data to rank census tracts based on 20 indicators based on pollution burden and population characteristics (Environmental Justice Technical Report, pgs. 3-6). There are, however, three census tracts that are nearing the 75th percentile threshold: Tract 37101, scoring in the 74th percentile; Tract 35500, scoring in the 73rd percentile; and Tract 37300, scoring in the 70th percentile (Technical Report, Figure 3 and Table 1). The three highest scoring census tracts in Hayward are generally located in the western portion of the City. All other census tracts score between the 5th and 67th percentiles.

The Environmental Justice Element addresses the negative environmental impacts that have been shown to disproportionately affect marginalized populations, including racial, ethnic, and socioeconomic minorities. The Element includes goals and policies that address pollution burden, public facilities, food access, safe and sanitary homes, physical activity and health and civic engagement. Consistent with other General Plan Elements, Environmental Justice Programs are included in Attachment VI, General Plan Implementation Programs.

The Hayward 2040 General Plan contains other Elements, such as the Natural Resources Element, Mobility Element, Health and Quality of Life Element and the updated Housing Element, that also address many of the topics covered within the Environmental Justice Element. To clearly show those connections, each Environmental Justice topic area in the

23 Environmental Justice Technical Report. https://haywardhousingandclimateupdate.com/wp-content/uploads/2023/10/EJ-Appendix-A- Hayward-EJ-Background-Tech-Report-Final-Clean.pdf

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Element concludes with a cross reference to other General Plan goals, policies and programs that would support implementation of those policies and programs.

Environmental Review

Climate Action Plan
An Initial Study evaluating the potential environmental impacts of the Climate Action Plan Update and CEQA GHG Emissions Thresholds and Guidance was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). The Initial Study found that the proposed project would not result in any potential impacts and a Negative Declaration was prepared.

On October 5, 2023, notice of the proposed project was provided to 12 Native American Heritage Commission (NAHC)-identified local Native American tribal representatives. On October 18, 2023, the NAHC provided an updated list with five additional representatives for local Native American Tribal groups. Notice was provided to these additional representatives on October 27, 2023.

On October 24, 2023, a representative from the Confederate Villages of Lisjan requested a consultation. City staff was scheduled to meet with a representative from the Confederate Villages of Lisjan to initiate the consultation, but the representative canceled the meeting and chose not to reschedule the meeting after determining that the project did not include site specific development, and included policies that would be applicable City-wide. Thus, the consultation was concluded.

The 30-day public comment period for the proposed Initial Study and Negative Declaration (IS-ND) was from November 8, 2023, to December 8, 2023. A Notice of Intent to Adopt a Negative Declaration (NOI) was filed with the Alameda County Clerk and published in the Daily Review, posted at City Hall and delivered to the Hayward libraries, and emailed to all interested parties on November 8, 2023. Staff did not receive any comments on the draft IS/ND.

Copies of the Draft Initial Study and Draft Negative Declaration (Attachment VII) and the CEQA GHG Emissions Thresholds and Guidance report (included with Attachment V) were considered and recommended by the Planning Commission.

Hazards Element & Environmental Justice Element
On July 1, 2014, the City Council adopted Resolution No. 14-108, approving the Hayward 2040 General Plan Update and related Program Environmental Impact Report (EIR)24. In accordance with CEQA Guidelines Section 15164, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Such conditions include:

24 Hayward 2040 General Plan Draft and Final EIR with Mitigation Monitoring and Reporting Program:
https://www.hayward-ca.gov/your-government/documents/planning-documents

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1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

As none of the conditions listed above were triggered by the proposed General Plan Amendments related to the Hazards Element and proposed Environmental Justice Element, an Addendum was prepared and included as Attachment VIII to this report.

ECONOMIC IMPACT

Climate change is expected to negatively impact national and local economies. The updated CAP, Hazards Element and Environmental Justice Element have the potential to make Hayward’s economy more resilient to climate change through potential co-benefits such as increased health and job creation. For example, increases in active transportation (walking and biking) and tree planting, would result in community health benefits. Also, the electrification of existing homes and businesses would generate many jobs, especially within the electrical trade. While there are upfront or increased costs associated with many proposed programs, equity is built into the foundation of the General Plan amendments.

Staff will provide information to Hayward community members and businesses to help them receive assistance with financial support through rebates, tax credits, other incentives, or exemptions, especially for low-income community members.

FISCAL IMPACT

Preparing the CAP update has not impacted the City’s General Fund. Council approved a total budget of $720,000 for the General Plan updates. The project is funded by a Local

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Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development (HCD), the Development Services Department’s Planning Policy Fund, and the Public Works and Utilities Department’s Recycling, Water, and Sewer Funds.

The CAP , Hazards and Environmental Justice elements have a combined total of 223 new actions and programs that would implement the draft policies. Of the total, 52 are currently underway. Several CAP actions require feasibility studies to be completed before more substantial programs or ordinances can be developed. The details of programs will be determined by the feasibility studies, which will involve program specific community engagement. Exact resource and staffing needs have yet to be determined and some may be supported by external sources such as grants. However, the 2030 GHG reduction target is less than six years away and time is of the essence. Staff has estimated the staff positions and funding needed for implementation of the actions and programs in the updated CAP , Environmental Justice Element, and Hazards Element beginning in the next one to two years. In addition to filling current vacancies, inter-departmental staff discussions have revealed the following staffing needs:

1. Transportation Division – Significant funding and three to four new staff positions would be needed to implement 52 CAP , Environmental Justice, and Hazards actions/programs that would be led by this Division and seven actions/programs that would be supported by this Division.

2. Environmental Services Division – Two new staff positions would be needed to implement the building electrification, solid waste, and environmental justice actions and programs.

3. Landscape Maintenance Division – Two new staff positions, including a City Arborist, would be needed to implement the 18 actions/programs related to tree planting and maintenance and landscaping.

4. Building, Housing, Community Services, Utilities, and Planning Divisions – All have expressed that additional funding or personnel may be required to implement one or more actions or programs.

The total cost of new staff positions is expected to be approximately $3.5M per year. This amount could vary if outside consultants are hired for certain programs and/or if grants are secured. To improve the City’s ability to secure grants, a dedicated staff position focused on grant writing and administration may be warranted.

If the CAP , Hazards and Environmental Justice elements are adopted by Council, each Department will submit staffing requests that may be considered as part of Council’s adoption of the updated Strategic Roadmap and the FY 2025 budget.

The above does not include costs related to new vehicles, equipment, or facility improvements. Some costs will be one-time costs and some will be ongoing annual expenses. As an example, as noted in a January 8, 2024, report to the CSC, the cost to electrify the City’s fleet is expected to be $2.5 to $3M per year above current fleet procurement and maintenance costs. The cost of installing electric vehicle charging

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infrastructure will be one time or infrequent. Staff will present a detailed report on fleet electrification to Council in the near future.

STRATEGIC ROADMAP

This agenda item supports all of the projects listed in the Strategic Priority to Confront Climate Crisis & Champion Environmental Justice, and specifically relates to implementation of the following Projects under that heading:

Reduce Greenhouse Gases and Dependency on Fossil Fuels:

Project C1: Implement Year 1 Programs from the adopted GHG Roadmap (Climate Action Plan).

Project C2: Continue to collaborate with EBCE to provide public EV charging facilities Project C3: Present a plan on EV charging for city facilities to CIC (for fleet and employee commuters)
Project C4: Continue to transition City facilities from natural gas to electric, with a focus on HVAC systems
Project C5: Explore a partnership with EBCE to offer incentives to purchase electric appliances to encourage community members make the transition from gas to electric
Project C6: Improve e-bike adoption through the creation of an e-bike rebate program and ensuring that electric transit infrastructure such as EV chargers also serve e-bike and not just electric cars

Reduce waste by promoting a circular economy:

Project C7: Continue to identify opportunities for compost hubs and other distribution mechanisms for compost in Hayward
Project C8: Continue to partner with Alameda County All In Eats to encourage food recovery

Mitigate climate crisis impacts through resilient design and community engagement:

Project C 12: Implement Year 1 Programs from the adopted General Plan Environmental Justice Element, with a focus on mitigating the impact on frontline communities.

Project C9: Prepare an ordinance to create smoke-free multifamily housing Project C10: Plant 1,500 trees annually, directly and in partnership with community groups
Project C11: Update Tree Preservation Ordinance
Project C12: Implement Year 1 Programs from the adopted General Plan Environmental Justice Element, with a focus on mitigating the impact on frontline communities
Project C13: Work with HASPA partners to seek grant funding to implement the Shoreline Master Plan and provide an update to Council

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Project C14: Continue to pursue water conservation measures like increasing recycled water supplies

This agenda item also supports projects listed in the Strategic Priority to Invest in Infrastructure, and specifically relates to implementation of the following Projects under that heading:

Invest in Multi-Modal Transportation:

Project N1: Continue to implement major corridor traffic calming initiatives Project N2: Develop a micro-mobility policy (eBikes, eScooters) Project N3: Complete construction of Mission Boulevard phase 3 Project N4: Implement Safe Routes to Schools, with a focus on Cesar Chavez and Palma Ceia
Project N5: Implement six intersections for Safe Route for Seniors in the Downtown area Project N6: Continue to add approximate 10 miles of bike lanes annually, with a focus on protected bike lanes and intersections that have high traffic/incidents Project N7: Work with AC Transit to beautify bus shelters and construct more seating at bus stops to improve the ridership experience

Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers:

Project N 22: Develop a Recycled Water Master Plan

PUBLIC CONT ACT

There is considerable overlap between the issues addressed in the Climate Action Plan, Housing Element and Environmental Justice Element. As a result, staff conducted public outreach for all three projects simultaneously, with an emphasis on equity and extensive community involvement.

Prior to the Environmental Justice and CAP community workshops, staff reached out to over 100 community-based organizations and groups in Hayward to gauge interest in collaborating on the General Plan updates. Staff members have also visited various locations around Hayward (grocery stores, laundromats, farmers market, BART stations, etc.) to pass out flyers with information on the General Plan Updates and how residents can be involved. Collectively, Environmental Services and Planning staff visited 19 different locations across the City. Housing outreach has included standard surveys and interviews and an interactive housing simulation that allows people to identify sites and areas for future development.

Additionally, staff organized a Gallery Walk Event, featuring large poster boards with information on the Climate Action Plan, Housing Element, Environmental Justice Element, Hazards Element, and the History of Hayward. The posters were printed in both English and Spanish and were displayed in City Hall, the Downtown Hayward Library, BART, the Farmers Market and at Chabot and Hayward NAACP Branch offices in conjunction with outreach events. Additionally, staff offered the posters to various organizations and Alameda County Transit Authority requested the posters to display in their Hayward

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facility where approximately 400 Hayward residents are employed. Community members were invited to learn about the General Plan updates by walking through the gallery and engage with the posters through QR codes.

Another avenue of community engagement has been through surveys and interviews conducted by college students in Hayward. Chabot College students have helped the City by surveying residents about parks, housing, and climate action. In Spring 2021, Chabot College students interviewed 252 residents about their experience, concerns, and ideas for parks in Hayward. Chabot students also interviewed approximately 550 residents online in Fall 2021 and Spring 2022 about housing, discrimination, pollution, and community amenities. In Summer 2022, Chabot students interviewed approximately 350 residents about their experience, concerns, and thoughts on initiatives regarding general climate change and climate action. Additionally, students in a public health capstone class at California State University East Bay (CSUEB) conducted surveys, receiving over 250 responses, around park access, pollution, access to healthy food, and safe and sanitary housing.

Staff has been hosting various focus group and meetings with stakeholders since the May CSC meeting. The City hosted a focus group with members from Tennyson High School’s Green Team – eight students and two teachers participated. In July, staff hosted four focus groups with Eden Housing tenants at Alta Mira, Tennyson Gardens, Montgomery Plaza, and Hayward Senior, with 48 participants total. Staff also met with Eden Housing staff, Save the Bay staff, the Sierra Club, and the Starr King Unitarian Universalist Church. Staff has been in communication with the Bay East Association of Realtors, who have informed staff they will oppose any requirements that are triggered by the sale of a home. Staff tabled at the Hayward Community Family Fair on June 17, 2022, the Juneteenth Wellness Festival on June 18, 2022, and the Downtown Street Party on August 18, 2022. Staff hosted a second community public workshop on July 19, 2022, where residents had the opportunity to discuss and provide input on the draft measures.

In October 2022, Council received a letter from non-profit organization Save the Bay, urging the City to incorporate policies centered on equitable climate resilience to the General Plan Update. The letter and staff’s responses with the proposed policies from the draft Hazards Element and Climate Action Plan corresponding to their comments were included in the May 16, 2023, Council report.

In addition, staff shared the draft General Plan amendments with agency partners whose participation will be critical to the successful implementation of the draft actions and programs. These include the Bay Area Air Quality Management District, the Hayward Area Recreation and Park District, StopWaste, the Bay Area Regional Energy Network, and Ava Community Energy.

Finally, staff is currently partnering with Local Clean Energy Alliance and CSU East Bay to have students survey Spanish speaking community members and host one focus group to gather insights on building electrification.

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NEXT STEPS

Upon adoption of the attached resolutions, staff will file a Notice of Decision with the County Recorder to document adoption of the CEQA documents and integrate all policies and programs into the Hayward 2040 General Plan. Staff will seek budget approval for the staff positions necessary to implement the new policies and programs.

In addition, staff will continue to work with the consultant team to create streamlining tools and checklists that can be used for future development projects to align GHG analysis with the City’s CAP. These tools will provide clarity in how to meet the GHG targets for future projects and give the City the ability to easily review development proposals for consistency with the Hayward 2040 General Plan.

Prepared by: Makenna Colucci, Climate Action Fellow
Leigha Schmidt, Principal Planner
Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works
Sara Buizer, Development Services Director

Approved by:

_________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member __________

RESOLUTION ADOPTING THE UPDATED CLIMATE ACTION PLAN AS AN AMENDMENT TO THE HAYWARD 2040 GENERAL PLAN, GREENHOUSE GAS

EMISSIONS T HRESHOLDS AND THE INITIAL STUDY AND NEGATIVE

DECLARATION PREPARED PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

WHEREAS, on July 28, 2009, the Hayward City Council adopted the City’s first Climate Action Plan (CAP), which included aggressive goals for reducing GHG emissions; and

WHEREAS, on July 1, 2014, an updated CAP was incorporated into the comprehensive update of the Hayward 2040 General Plan (General Plan), which was adopted by Council with Resolution No. 14 -108. The General Plan is a comprehensive policy framework to guide decision-making related to land use, growth and development, safety, and open space conservation, infrastructure and services. The General Plan contains various State-mandated Elements including Land Use, Mobility, Natural Resources, Facilities/Services, Hazards, and Housing and includes several elements which are not mandated by the State but were added to address local issues surrounding Economic Development, Education a nd Community Health and Quality of Life.

WHEREAS, on September 8, 2016, California Governor Jerry Brown signed Senate Bill 32 (Pavley), setting a statewide greenhouse gas (GHG) reduction target of 40% below 1990 levels by 2030; and

WHEREAS, on September 18, 2018, California Governor Jerry Brown signed Executive Order B-55-18, committing California to achieving carbon neutrality no later than 2045, and achieving and maintaining net negative emissions thereafter; and

WHEREAS, on January 15, 2019, the Hayw ard City Council unanimously approved a resolution endorsing the declaration of a climate emergency. The Declaration states that climate change threatens our community, as well as cities across the globe, and requests regional collaboration in restoring a safe concentration of GHG in our atmosphere; and

WHEREAS, on June 23, 2020, the Hayward City Council adopted goals to reduce GHG emissions by 30% below 2005 baseline levels by 2025, 55% by 2030, and to work with the community to develop a plan that may re sult in the reduction of community based GHG emissions to achieve carbon neutrality by 2045; and

ATTACHMENT II

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WHEREAS, the City of Hayward targets utilize a baseline different from the State of California’s but Hayward’s GHG reduction targets are equivalent to the State’s; and

WHEREAS, on July 20, 2021, Council adopted a resolution authorizing the City Manager to execute an agreement with Rincon Consultants to prepare General Plan amendments related to the Housing Element, Climate Action Plan, Environmental Justice Element, and the Hazards Element; and

WHEREAS, the City conducted extensive community outreach over the last two years including development of a n interactive, educational project website; social media posts; dissemination of a multi -lingual housing survey; compilation of extensive contact lists for community and advocacy groups, faith -based and school organizations, Homeowners Associations, Neighborhood Groups, Mobile Home Parks ; creation of a bilingual informational gallery used throughout the City including farmers markets, the Hayward Main Branch Library, Chabot College, and at events for the Hayward Promise Neighborhood, the NAACP, Hayward Community Family Fair , the Juneteenth Event and the Downtown Stree t Fair; and, focus groups and community workshops related to housing, environmental justice and climate change; and

WHEREAS, draft policies and programs for the CAP and the Environmental Justice Element were presented to the CSC on May 9, 2022, to Council during a work session on May 24, 2022, and to the Planning Commission during a work session on May 26, 2022; and

WHEREAS, on September 16 , 2022 , California Governor Gavin Newsom signed AB 1279, (Muratsuchi), which codifies the statewide carbon neutrality goal to achieve carbon neutrality no later than 2045; and

WHEREAS, on October 6, 2022, staff presented to the CSC a draft list of CAP measures and actions; and

WHEREAS, on May 16, 2023, staff presented to Council a report on the CAP Update which included draft GHG emissions reduction measures and actions; and

WHEREAS, on October 4, 2023, the Draft CAP, Hazards Element and Environmental Justice Element were published to the City of Hayward website, which began a 40-day public review period that ended on November 14, 2023.

WHEREAS, on October 30, 2023, a public workshop was held to receive comments on the draft CAP; and

WHEREAS, the updated CAP includes a greenhouse gas emission inventory and forecast, analysis and quantification of greenhouse gas reduction measures and targets, and the updated CAP also set forth a general process for implementation, monitoring and reporting of progress, and meaningful community engagement; and

ATTACHMENT II

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WHEREAS, the updated CAP meets t he criteria of Section 15183.5 of the State CEQA Guidelines and therefore is a California Environmental Quality Act Qualified Climate Action Plan; and

WHEREAS, the GHG Emissions Thresholds and Guidance Report quantifies greenhouse gas emissions thresholds of significance which were created on the basis of the best available science and factual evidence, and provides guidance for future projects to reduce GHG emissions to less-than-significant levels; and,

WHEREAS, as provided in Government Code Sections 6 5352 – 65352.5, Hayward provided project information related to the General Plan Amendments to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and

WHEREAS, the Ci ty prepared an Initial Study and Negative Declaration (IS/ND), to evaluate the potential environmental impacts of the updated CAP and CEQA GHG Emissions Thresholds in conformance with Section 15063 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”); and

WHEREAS, on November 8, 2023, a Notice of Intent to adopt an IS/ND for the updated CAP and CEQA GHG Emissions Thresholds was filed with the Alameda County Clerk and sent to the State Clearinghouse, and other interested agencies and parties; and

WHEREAS, the draft IS/ND was circulated for a 30-day review period, with the public review period commencing on November 8, 2023, and ending on December 8, 2023; and

WHEREAS, On November 13, 2023, staff presented the Draft Climate Action Pl an, Hazards Element and Environmental Justice Element to the Council Sustainability Committee. The Committee provided comments related to completion of an Urban Forest Management Plan, consideration of a future ban on synthetic turf, emergency evacuation routes, rebates for e -scooters, additional tree planting, resiliency of the City’s water supply infrastructure, balancing reducing parking requirements with parking demand, and distribution of compost per State Law. Following the discussion, the Committee v oted unanimously to recommend that the City Council adopt the General Plan amendments; and

WHEREAS, On December 14, 2023, the Planning Commission held a Public Hearing to consider the draft CAP, Hazards Element and Environmental Justice Element and voted 5:1 to recommend that Council adopt the General Plan Amendments and related environmental analysis. P lanning Commissioner comments included overall support for the documents while voicing concern surrounding outreach, equity, roadmaps and action prioritization, impacts of electric appliances, cost of implementing actions, transportation, and seismic retrofitting. Following the discussion, the Planning Commission voted 5:1 to recommend approval of the General Plan Amendments; and
WHEREAS, on January 30, 2024, the City Council conducted a duly and properly noticed public hearing, reviewed the General Plan Am endments in conjunction with the

ATTACHMENT II

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updated Hazards Element and new Environmental Justice Element and all pertinent Attachments, including all public, Committee and Commission comments and City staff’s responses to those comments.

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following findings and takes the following actions:

The foregoing recitals are true and correct and are incorporated by reference into this action.

CALIFORNIA ENVIRONMNTAL QUALITY ACT – CLIMATE ACTION PLAN A. In July 2014, the City Council certified a Final Program Environmental Impact Report, adopted the Statement of Overriding Considerations, approved the Mitigation Monitoring and Reporting Program, Adopted the Hayward 2040 General Plan, and Approved related amendments to the General Plan Land Use Map for certain properties in the Planning Area.

B. Pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15063 and 15070, an Initial Study (IS) was prepared for the updated draft Climate Action Plan with the finding that a Negative Declaration (ND) was appropriate because all potential impacts will be less than significant. Rather, the IS found that adoption of the draft Climate Action Plan (CAP) will have beneficial environmental impacts in that its adoption will allow Hayward to implement the programs necessary to meet its 2030 greenhouse gas (GHG) reduction target and put Hayward on a path to meet the goal of carbon neutrality by 2045; and, minimize the effects of the climate crisis such as increasingly intense wildfires, coastal erosion, disruption of water supply, threats to agriculture, spread of insect-borne diseases, and continuing health threats from air pollution among other impacts.

C. The ND was prepared by Rincon Consultants, Inc., on behalf of the City of Hayward acting as the Lead Agency, and the IS/ND was published for a 30-day public review between November 8, 2023 and December 8, 2023.

D. The proposed ND was independently reviewed, considered and analyzed by the Planning Commission and reflects the independent judgment of the Planning Commission; that such independent judgment is based on substantial evidence in the record; that the Planning Commission recommends City Council adoption of the proposed ND and its findings and conclusions as its source of environmental information; and, the proposed ND is legally adequate and was completed in compliance with CEQA. Based on the ND and the whole record before the Planning Commission, there is no substantial evidence that the project will have a significant effect on the environment.

ATTACHMENT II

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E. That the project complies with CEQA, and that the ND was presented to the Planning Commission, which reviewed and considered the information contained therein prior to recommending City Council approval of the project. The custodian of the record of proceedings upon which this decision is based is the Development Services Department of the City of Hayward, located at 777 B Street, Hayward, CA 94544.

GENERAL PLAN AMENDMENT – CLIMATE ACTION PLAN

A. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward;

Adoption of the draft Climate Action Plan (CAP) will allow Hayward to implement the programs necessary to meet its 2030 greenhouse gas (GHG) reduction target and put Hayward on a path to meet the goal of carbon neutrality by 2045.

Implementation of the CAP will promote the public health, safety, convenience and general welfare of the residents of Hayward in that the effects of the climate crisis will be reduced and the Hayward community will be more resilient to the already present impacts of climate change.

On March 20, 2023, the Intergovernmental Panel on Climate Change (IPCC) released its Sixth Assessment Report, which included a warning that the “pace and scale of climate action are insufficient to tackle climate change” and that:
 Continued greenhouse gas emissions will lead to increasing global warming;  Every increment of global warming will intensify multiple and concurrent hazards; and
 Deep, rapid, and sustained reductions in greenhouse gas emissions would lead to a discernible slowdown in global warming within around two decades.

Climate change impacts all Californians, and the impacts are often disproportionately borne by our most vulnerable and disadvantaged populations.

Implementation of the CAP will reduce the effects of climate change including wildfires, coastal erosion, disruption of water supply, threats to agriculture, spread of insect-borne diseases, and continuing health threats from air pollution.

ATTACHMENT II

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B. The proposed change is in conformance with the purposes of the Zoning Ordinance and all applicable, officially adopted policies and plans;

The draft Climate Action Plan is a programmatic document that is in conformance with the Zoning Ordinance, and Hayward’s adopted policies and plans including:
 The declaration of a climate emergency by Council on January 15, 2019.  The General Plan amendment adopted by Council in June 2020, adopting the goals to reduce GHG emissions by:
 30% below 2005 baseline levels by 2025,
 55% by 2030,
 To work with the community to develop a plan that may result in the reduction of community based GHG emissions to achieve carbon neutrality by 2045.
 Strategic Roadmap for Fiscal Years 2024 to 2025+
 Hayward 2040 General Plan, including the proposed updates related to the Hazards Element and Environmental Justice Element.
 Downtown Specific Plan
 2020 Bike and Pedestrian Master Plan and Multi-Modal Intersection Improvement Plan and Nexus Study
 Local Road Safety Plan
 Hayward Regional Shoreline Adaptation Master Plan

The draft CAP is also consistent with State regulations including:

 California’s 2022 Climate Change Scoping Plan, adopted by the California Air Resources Board on December 15, 2022. The Climate Change Scoping Plan is California’s roadmap to address the known causes of climate change in order to reduce GHG emissions by 85% and achieve carbon neutrality by 2045. It provides a detailed sector-by-sector roadmap to guide the state away from its current dependance on petroleum and fossil gas to clean and renewable energy resources and zero-emission vehicles.

 Senate Bill 32, signed by California Governor Jerry Brown on September 8, 2016, setting a statewide GHG reduction target of 40% below 1990 levels by 2030. Although the City of Hayward targets utilize a different baseline year from the State of California, Hayward’s GHG reduction targets are equivalent to the State’s targets.

 Assembly Bill 1279, signed by California Governor Gavin Newsom on September 16, 2022, requiring that California achieve net zero GHG emissions as soon as possible, but no later than 2045.

ATTACHMENT II

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C. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified; and,

The proposed General Plan Amendment to include the updated Climate Action Plan does not include any land use changes or reclassification of property.

D. All uses permitted when property is reclassified will be compatible with present and potential future uses, and further, a beneficial effect will be achieved which is not obtainable under existing regulations.

The proposed General Plan Amendment to include the updated Climate Action Plan does not include any land use changes or reclassification of property.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby adopts the findings in support of General Plan Amendments related to the updated Climate Action Plan.

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

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member __________

RESOLUTION ADOPTING A GENERAL PLAN AMENDMENTS TO THE HAZARDS

ELEMENT AND ADOPTION OF A NEW ENVIRONMENTAL JUSTICE ELEMENT

WHEREAS, on July 1, 2014, the City Council adopted Resolution No. 14-108, adopting the Hayward 2040 General Plan , a comprehensive policy framework to guide decision - making related to land use, growth and development, safety, and open space conservation , infrastructure and services . The General Plan contains various State -mandated Elements including Land Use, Mobility, Natural Resources, Facilities/Services, Hazards, and Hous ing and includes several elements which are not mandated by the State but were added to address local issues surrounding Economic Development, Education and Community Health and Quality of Life; and

WHEREAS, i n 2017, State law was amended to require jurisdictions to update the mandated Hazards Element in conjunction with the Housing Element, and that Environmental Justice policies to be incorporated into the General Plan upon the adoption of two or more general elements. Further, Government Code 65302 requires that local jurisdictions include climate adaptation and resiliency strategies in the updated Hazards Element. Further State Law requires that an evacuation analysis be prepared pursuant to Assembly Bill 747 and Senate Bill 99, and that local agencies evaluate the resiliency of the transportation system, capacity of evacuation routes and identify key routes for communities with limited access; and

WHEREAS, the proposed General Plan Amendment to incorporate a new Environmental Justice Element is being undertaken pursuant to Government Code Section 65040.12(e), requiring that jurisdictions to identify “disadvantaged communities” as determined by the California Environmental Protection Agency (CalEPA) and to incorporate environmental justice policies and programs into their general plans; and

WHEREAS, on July 20, 2021, the City Council adopted a resolution authorizing the City Manager to execute an agreement with Rincon Consultants to prepare General Plan amendments related to the Housing Element, Climate Action Plan, Environmental Justice Element, and Hazards Element as mandated by State Law and because issues of housing, climate change, vulnerable populations, sustainable development are inextricably linked ; and

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WHEREAS, the City conducted extensive community outreach related to creation of the General Plan Amendments and CAP, including development of a project website; social media campaign; dissemination of a multi -lingual housing survey; compilation of extensive contact lists for community and advocacy groups, faith -based and school organizati ons, Homeowners Associations, Neighborhood Groups, Mobile Home Parks, attendees at various events and interested parties who wrote in and requested to be notified about project updates; Housing Sites Simulation tool; creation of a bilingual informational g allery used at farmers markets, the Hayward Main Branch Library, Chabot College, and at events for the Hayward Promise Neighborhood, the NAACP, Hayward Community Family Fair , the Juneteenth Event and the Downtown Street Fair ; and five focus groups and comm unity workshops related to housing, environmental justice and climate change; and WHEREAS, as provided in Government Code Sections 65352 – 65352.5, Hayward provided project information related to the General Plan Amendments to all California Native America n tribes on the contact list provided by the Native American Heritage Commission and to other entities listed . Following that notice, a representative from the Confederated Villages of Lisjan Nation requested a consultation about the Housing Element; and

WHEREAS, on August 3, 2022, the City of Hayward met with representative from the Confederated Villages of Lisjan Nation to discuss the Housing Element ; however, there was no discussion or comments about the General Plan Amendments related to the Hazards and Environmental Justice elements. On October 20, 2022, following written notification to the Confederated Villages of Lisjan Nation, the City closed formal consultation on the Housing Element; and

WHEREAS, public meetings and w orkshops on the C limate Act ion Plan and Environmental Justice Element policies and programs were held with the Council Sustainability Committee (CSC), the City Council and Planning Commission on May 9, 202 2, May 24, 2022, and May 26, 2022, respectively . Comments from those meetings were incorporated into the Draft Elements; and

WHEREAS, between October 4, 2023 and November 14, 2023 , the Draft C limate Action Plan, Hazards Element and Environmental Justice Element were posted for a 40-day public review period. On October 30, 2023, a public workshop was held to receive comments on the Draft amendments; and

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WHEREAS, On November 13, 2023, staff presented the Draft C limate Action Plan, Hazards Element and Environmental Justice Element to the Council Sustainability Committee. The Committee provided comments related to completion of an Urban Forest Management Plan, consideration of a future ban on synthetic turf, emergency evacuation routes, rebates for e -scooters, additional tree planting, resiliency of the City’s water supply infrastructure, balancing reducing parking requirements with parking demand, and distribution of compost per State Law . Following the discussion, the Committee voted unanimously to recommend that the City Council adopt the General Plan amendments; and

WHEREAS, On December 14, 2023, the Planning Commission held a Public Hearing to consider the draft CAP, Hazards Element and Environmental Justice Element and voted 5:1 to recommend that Council adopt the General Plan Amendments and related environmental analysis. Planning Commissioner comments included overall support for the documents while voicing concern surrounding outreach, equity, roadmaps and action prioritization, impacts of electric appliances, cost of implementing actions, transportation, and seis mic retrofitting. Following the discussion, the Planning Commission voted 5:1 to recommend approval of the General Plan Amendments; and

WHEREAS, on January 30, 2024, the City Council conducted a duly and proper ly noticed public hearing, reviewed the General Plan Amendments in conjunction with the updated Climate Action Plan and Greenhouse Gas Thresholds and all pertinent Attachments, including all public, Committee and Commission comments and City staff’s response s to those comments.

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following findings and takes the following actions:

The foregoing recitals are true and correct and are incorporated by reference into this action.

CALIFORNIA ENVIRONMNTAL QUALITY ACT
A. In July 2014, the City Council certified a Final Program Environmental Impact Report, adopted the Statement of Overriding Considerations, approved the Mitigation Monitoring and Reporting Program, Adopted the Hayward 2040 General Plan, and Approved related amendments to the General Plan Land Use Map for certain properties in the Planning Area.

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B. Pursuant to California Environmental Quality Act ( CEQA) Guidelines Section 15164, Rincon LSA prepared an Addendum, dated January 2023, analyzing amendments to the General Plan. Specifically, the project consists of a comprehensive update to the City of Hayward Housing Element, a comprehensive update to th e City of Hayward Hazards Element, and the addition of the City of Hayward Environmental Justice Element, which were altogether referred to and analyzed as the “project” throughout the Addendum.

C. In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an Addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Specifically, an Addendum is appropriate when there has been no substantial change proposed in the project or the circumstances under which the project is being undertaken, nor is there any new information that would require additional environmental review. In this case, the proposed Project would not require rezoning or land use changes not previously known or analyzed in the General Plan EIR; therefore, the previously certified Mitigation Monitoring and Reporting Program remains valid and applicable with the Amendments.

D. Pursuant to C EQA Guidelines 15164(g), an Addendum need not be circulated for public review but can be included in or attached to the Final EIR.

E. The adopted Final EIR identified all potential significant adverse impacts and feasible mitigation measures that would reduce impacts to a level of less than significant, and that all the applicable mitigation measures identified in the Mitigation Monitoring and Reporting Program and related to the proposed project will be implemented, if applicable, as described in the Addendum. Based on the Final EIR and the Addendum, there is no substantial evidence that the Project would have a significant effect on the environment.

F. The project complies with CEQA, and that the previously certified Final EIR, Mitigation Monitoring and Repo rting Program and Addendum was reviewed and considered prior to approving the project.

GENERAL PLAN AMENDMENT

A. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward.

The proposed General Plan Amendments to incorporate an updated Hazards Element and new Environmental Justice Element will promote the health, safety, convenience and general welfare of the residents of Hayward in that they contain goals, policies and programs to support the health, safety and general well-being of the community, with a focus on the most vulnerable populations.

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Specifically, amendments to the Hazards Element address climate crisis hazards and improve community resilience with the addition of new sections related to Climate Change, Adaptation and Resilience; Evacuation Capacity and updates to established sections such as Regional Coordination, Flood Hazards, Rising Sea Levels and Urban Wildfire Hazards. Adopting a plan to address existing and potential hazards through regional coordination, analysis, outreach, communication, collaboration and mitigation are intended to promote health and general welfare of the community as a whole.

The new Environmental Justice Element addresses negative environmental impacts that have been shown to disproportionately affect marginalized populations, including racial, ethnic, and socioeconomic minorities by adopting specific policies and programs that address pollution burden, public facilities, food access, safe and sanitary homes, physical activity and health and civic engagement, as required by state law. Importantly, inclusion of an Environmental Justice Element acknowledges the disproportionate impact of land use decisions, disinvestment in specific neighborhoods and the role of the government in exacerbating those differences, and it provides baseline data that can be updated and utilized to ensure that policies and programs target specific neighborhoods and populations that are most in need.

It is a commitment to include this type of analysis in future decision making which will promote the public health, safety, convenience and general welfare of the most vulnerable residents of Hayward.

B. The proposed change is in conformance with the purposes of the Zoning Ordinance and all applicable, officially adopted policies and plans .

The proposed General Plan Amendments would not conflict with the Zoning Ordinance in that the General Plan Amendments are programmatic documents that address existing and potential hazards and negative environmental impacts throughout the community.

The proposed amendments to the Hazards Element are consistent with the Hayward 2040 General Plan and other programmatic documents adopted by the City of Hayward including the Climate Action Plan and the Hayward Regional Shoreline Adaptation Master Plan, in that the updated Hazards Element will include updated policies and programs related to Regional Coordination, Flood Hazards, Rising Sea Levels, Urban Wildfire Hazards, and new sections on Climate Change Adaptation and Resilience and Evacuation Capacity. Further, the proposed amendments to the Hazards Element are required per State Law (Government Code 65302, as amended by Senate Bill 379), which required that local jurisdictions include climate adaptation and resiliency strategies in the safety elements of their general plans upon the next revision of their housing elements.

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The proposed amendments related to the Environmental Justice Element are consistent with and contain intersecting goals policies and programs included in the Natural Resources Element, Mobility Element, Health and Quality of Life Element and updated Housing Element of the Hayward 2040 General Plan. Further, the proposed Environmental Justice Element includes goals, policies and programs that are consistent with the Strategic Roadmap – Confront Climate Crisis and Champion Environmental Justice Strategic Priority. This amendment is being undertaken pursuant to Government Code Section 65040.12(e) (Senate Bill 1000), which requires jurisdictions to identify “disadvantaged communities” and to incorporate environmental justice policies and programs into their general plans.

C. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified .

The proposed General Plan Amendments related to the updated Hazards Element and new Environmental Justice Element do not include any land use changes or reclassification of property.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby adopts the findings in support of General Plan Amendments related to the Hazards Element and Environmental Justice Element.

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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

Comment Reference Element Goal/Policy/Program Reference Comment City Response
A. Saves The Bay/Greenbelt Alliance
A1 HAZ-4.3 Shoreline Adaptation Master Plan
The City shall coordinate with Oakland, San Leandro, Alameda County, the Hayward Area Shoreline Planning Agency, the Bay Conservation and Development Commission, and other agencies to expand and restore wetland habitat and increase shoreline resilience through the implementation of the Hayward Regional Shoreline Adaptation Master Plan, and will align the Shoreline Adaptation Master Plan with BCDC guidelines when they are adopted. Accept A2 HAZ-4.6 Adaptation Atlas
The City shall partner with regional jurisdictions to incorporate the findings of the San Francisco Estuary Institute’s SF Bay Area Adaptation Atlas including commitments to nature-based measures, grey infrastructure, policy and regulatory measures, and financial measures. Nature-based measures will be considered before grey infrastructure in flood resilience projects.

Accept and revise to "Nature-based measures will be considered and prioritized if feasible from a constructability and cost standpoint" .

A3
HAZ-4.7 Adaptation Programs and
Standards
Identifying the location, condition, material, age, and elevation of underground utilities to determine which assets will need to be upgraded to account for sea level and shallow groundwater rise, in collaboration with water, sewer, energy, solid waste, and telecommunication service providers. Creating an implementation plan to upgrade critical equipment and facilities including pump stations, generators, tide gates, stream gages, open channel, and culvert/pipeline infrastructure when needed and aligning the plan with the Capital Improvement Plan. Installing nature based and grey infrastructure around areas projected to be impacted by sea level rise, with priority given to nature-based infrastructure.

Accept partially. The investigation called for in this policy will include an evaluation of location, condition, material, age, and elevation of underground utilities. City accepts the added language "with priority given to nature-based infrastructure".

A4 HAZ-4.9 Groundwater Management Plan
The City shall coordinate with Alameda County Flood Control & Water Conservation District to develop a Shallow Groundwater Management Plan to identify feasible strategies for managing rising groundwater tables from sea level rise and storm surges.

The plan
will include a watershed-level model of groundwater rise, establish a Shallow Groundwater Overlay District, and implement related building standards within the overlay district to ensure that buildings are resilient to groundwater rise, saltwater intrusion, liquefaction, and toxic contaminants.

Accept and modify to "...and consider establishing a Shallow Groundwater Overlay District that would implement related building standards to ensure that buildings are resilient to groundwater rise, saltwater intrusion, liquefaction, and toxic contaminants.

A5
HAZ-4.10 Increase Flood Protection
Standards for New Construction and
Renovations
The City shall incorporate sea level rise into the municipal code and establish a Sea Level Rise Overlay District to require compliance with base floor elevation and flood-proofing requirement to mid-century sea levels. Update building codes to require new or significant construction in the Sea Level Rise Overlay District to build at least 4 feet of freeboard. Require new or significant construction within 100 feet of the shoreline to contribute to regional shoreline infrastructure (unless existing infrastructure protects against projected flooding) and to contribute to Bay Trail access. Consider unconventional design elements that may allow structures to accommodate a higher water table and higher liquefaction risks.

Accept proposed sentence. Full text of policy would be:

The City shall incorporate sea level rise into the municipal code and establish a Sea Level Rise Overlay District to require compliance with base floor elevation and flood- proofing requirement to mid-century sea levels. Consider unconventional design elements that may allow structures to accommodate a higher water table and higher liquefaction risks. Consider establishing shoreline and creek buffer zones that are reserved for flood protection, habitat restoration, public access, and recreation.

A6 Goal HAZ-6 [Add new policy]
Plan for Long-Term Growth Management and Potential Strategic Relocation. As sea level rise and groundwater rise progress, consider zoning changes to reduce growth in the Industrial District and encourage land uses to move inland if necessary.

Reject proposed policy. As part of the Shoreline Adaptation Master Plan, Managed Retreat was evaluated. It was determined to not be an feasible adaptation strategy at this time. The Shoreline Adaptation Master Plan proposed adaptation strategies that will protect critical assets and the Industrial District from daily tidal inundation and future 100-year storm surge in a up to 4 feet of sea level rise scenario.

ATTACHMENT IV
A7 HAZ-6.6 Transportation Corridors
The City shall improve the resiliency of transportation infrastructure by identifying highly trafficked active transportation and commute patterned streets and prioritizing the creation of “complete green streets”, including permeable pavement, shading, lighting, biodiversity, flood resilience, pedestrian and bike lane safety, and drinking water improvements.

Staff prefers to keep the term "complete streets" so that it remains consistent with the City's other policy documents. Staff recommends re-ordering the listed items and adding "green infrastructure such as". The revised policy would be:
"The City shall improve the resiliency of transportation infrastructure by identifying highly trafficked active transportation and commute patterned streets and prioritizing the creation of “complete streets”, including pedestrian and bike lane safety, lighting, and green infrastructure such as permeable pavement, shading, biodiversity, flood resilience, and drinking water improvements."
A8 HAZ-6.7 Parks and Open Space Resilience
Protect open spaces, habitats, and parks impacted by sea level rise, floods, drought, extreme heat, and wildfire including: Protect existing floodplains, open space, and other natural features that provide flood storage by establishing minimum buffers, limiting new development in wetlands and buffers. Establishes buffer zones at least 100 ft from the Bay shoreline and at least 35 ft from the top of creek banks. If new development is allowed in these areas, require it to contribute to regional shoreline resilience infrastructure.

Protect and expand large, continuous greenspaces such as parks, median strips and street trees wherever possible for greater cooling magnitude and extent. Include a mix of grass and trees for greatest cooling benefits. Prioritize greening in most vulnerable areas with high pollution, heat, and flood burden and engage frontline communities in the design and placement of green features.

Accept addition of "Prioritize greening in most vulnerable areas with high pollution, heat, and flood burden and engage frontline communities in the design and placement of green features" and reject other revisions. Specific thresholds should be evaluated as part of this program and based on the best available science at time of implementation.

A9 HAZ-6.9 Climate Overlay Zones
The City shall establish hazard overlay zones. Overlay designations shall be developed to address potential future at-risk areas, such as areas prone to wildfire, subsidence, future floodplain or area of temporary inundation, or area at risk for high wind/storm events due to future climate change impact models. Apply overlay zones to areas with the greatest current hazards and/or future climate impacts.

Associate corresponding risk reduction, adaptation policies, and standards specific to the hazard or climate impact. Overlay zones should include development standards for appropriate risk mitigation measures. As much as possible, the City should prioritize building affordable housing near jobs and transit and outside of the Climate Overlay Zones. Accept A10 Goal HAZ-6 [Add new policy]
Require major development and redevelopment projects to construct and maintain urban greening projects in the adjacent public right of way.

Reject proposed policy. Private development projects are required to retain and treat stormwater on-site while improvements in the public right-of-way are typically constructed and maintained by the City of Hayward or Alameda County Flood District depending on jurisdiction and property ownership. See Policy Haz-6.6 for improvements to transportation corridors.

A11 Goal HAZ-6 [Add new policy]
New infrastructure projects (including bike/ped and traffic calming infrastructure, road upgrades, public plaza redevelopment, tree planting, or utility upgrades) will be reviewed for alignment with the City’s GSI plan and feasibility of inclusion of green stormwater infrastructure elements. Accept and change "GSI" to "Green Infrastructure".

A12 Goal HAZ-6 [Add new policy]
The City will identify areas at risk of flooding due to storms and will create a Storm Drain Master Plan that ensures the storm drain system has the capacity to function under future precipitation conditions. It will prioritize storm drain upgrade and green stormwater infrastructure projects based on flood risk and disadvantaged community status.

Reject proposed policy. The Alameda County Flood Control District is responsible for most flood protection systems in the City. The City maintains smaller stormwater systems, which are typically installed by developers with City oversight.

A13 Goal EJ-1 [Add new policy]
Evaluate and map areas with overlapping climate vulnerabilities, including income, pollution burden, heat burden, flood risk, and lack of greenspace.

Accept
A14 Policy EJ-1.2 Urban Greening
Develop urban greening initiatives along major arterials to protect sensitive receptors from traffic related pollution, especially Diesel Particulate Matter pollution. Prioritize greening in areas with the highest pollution burden. Accept A15 Program EJ-1.3:

Partner with and support Hayward Unified School District to install MERV-13 air filtration systems in all local schools to reduce the impacts from air pollution, especially Particulate Matter pollution. Prioritize updating HEPA air filtration systems in schools experiencing the highest pollution burden. Accept
A16 Program EJ-1.5:

Prepare and publish an annual report identifying the location and status of local cleanup sites and hazardous waste facilities to keep residents informed about local polluting sources. Identify sites that are at risk of contaminant mobilization due to sea level or groundwater rise. Accept
A17 Policy EJ-1.7 Targeted Health Monitoring No line edits, but we appreciate the inclusion of this important policy. Comment noted.

A18 Policy EJ-1.14 Cleanup Sites
Proactively monitor the progress of local cleanup sites to ensure that all site remediation efforts are being handled in a timely and effective manner. Determine which cleanup sites are most at risk of toxic substances being mobilized due to flooding from sea level and groundwater rise, according to the latest available science (including the DTSC Sea Level Rise Guidance for Cleanup Activities). In addition, new housing should not be approved or built on or near hazardous sites in flood-prone areas before cleanup has been completed. Cleanup standards should be developed in partnership with frontline communities, take into account cumulative pollution exposure, and require that contaminants are disposed of in the least harmful way possible. Accept A19 Policy EJ-1.16 Groundwater
Contamination
Require that permeable reactive barriers (PRBs) or diversion walls are developed on or immediately adjacent to contaminated sites to protect the groundwater within Hayward. Identify and upgrade sewer pipes in areas at risk of Volatile Organic Compound (VOC) mobilization due to rising groundwater.

After futher consideration and consultation with a Hydrogeologist, City staff has deleted Policy 1.16 from the draft EJ Element. Permeable reactive barriers (PRBs) are just one of many technical options and calling out PRBs prescribes a specific mitigation rather than the desired outcomes. More importantly, the City is not the entity that has authority on regulating contaminated sites. That authority rests with the state (i.e., Regional Board, DTSC, etc.).

A20
Policy EJ-1.18 Proximity to Pollution
Sources
The City shall avoid locating new sensitive uses such as schools, childcare centers, and senior housing in proximity to sources of pollution, odors, or near existing businesses that handle toxic materials. Where such uses are located in proximity to sources of air pollution, odors, or toxic materials, the City shall require that building design, construction safeguards, and technological techniques to mitigate the negative impacts of hazardous materials and/or air pollution on indoor air quality. Explore the use of zoning ordinances and incentives to move polluting industries away from residential areas in the long term.

Reject change. This was already accomplished in 2019, when the City adopted a comprehensive update to the Zoning Ordinance to establish the Light Industrial District which allows for light industrial and commercial uses and prohibits establishment of new polluting industries from residentially zoned land.

A21 Policy EJ-2.2 Existing Park Quality
Work with HARD to improve the quality and safety of existing parks with a focus on areas with the lowest number of park acreage per capita. Incorporate green stormwater infrastructure designed to provide multiple benefits, such as flood prevention, trash capture, heat mitigation, and biodiversity. Accept and modify to "Where feasible, incorporate green stormwater…" A22
Policy EJ-2.4 Green Space through
Residential Development
Require future medium-density and high-density development to incorporate green space as part of the development review process to meet community need across the City. Design greenspace to provide multiple benefits when possible, including flood mitigation, pollution prevention, heat mitigation, and biodiversity. Prioritize building green space in DACs and low-income neighborhoods. Engage the community in the process of developing greenspace.

Partially accept. The Zoning Ordinance requires all new development to incorporate landscaping and open space. However the City cannot include the recommended change to "prioritize building green space in DACs and low income neighborhoods.

Engage the community in the process of development greenspace" since the City does not develop residential projects. This is the responsibility of developers and as noted above is already required per the Zoning Ordinance unless granted a concession/waiver from such standards under Density Bonus Law.

A23 Policy EJ-2.7 Active Transportation
Support active transportation in Hayward by facilitating the timely and effective implementation of the programs and policies outlined within the Hayward Bicycle and Pedestrian Master Plan & Multimodal Intersection Implementation Plan and Nexus Study. Prioritize creating “complete green streets” and evaluate any road upgrade projects for inclusion of green stormwater features such as permeable pavement, planters, and bioswales.

Partially accept as follows: "Support active transportation in Hayward by facilitating the timely and effective implementation of the programs and policies outlined within the Hayward Bicycle and Pedestrian Master Plan & Multimodal Intersection Implementation Plan and Nexus Study. Prioritize creating “complete green streets”
and evaluate any road upgrade projects for inclusion of green stormwater features such as permeable pavement, planters, and bioswales."
A24
Policy EJ-4.2. Home Maintenance
Programs
Promote home safety by developing public programs that subsidize home-maintenance projects for low-income residents and provide public resources for necessary home improvements. Include subsidies for residents to add green infrastructure like rain gardens and tree canopy to their homes. Accept, but change "subsidies" to "incentives".

A25 Policy EJ-5.4 Tree Canopy
Support active transportation by preserving existing and increasing tree canopy through implementation of an expanded urban greening initiative. Prioritize preserving and increasing tree canopy in EJ communities. As part of urban greening initiatives, evaluate projects for inclusion of green stormwater components for flood resilience and pollution prevention.

Reject. Tree canopy is addressed in the Climate Action Plan Measures related to Carbon Sequestration (CS)-1. See also response to comment on Policy HAZ-6.6, Transportation Corridors.

A26 Policy EJ-6.2. Community Engagement
Host City led community engagement meetings at times and locations that are accessible to a diversity of community members including but not limited to hosting meetings at multiple timeslots, in varying locations and with translation services. Compensate community members for their time.

Accept and revise to "Develop incentives, including but not limited to financial compensation, for community members and organizations' participation." B. Hayward Area Recreation District
B1
Policy EJ-2.1 Park Connectivity
Assessment
HARD requests that the Policy be expanded to include a City-wide connectivity assessment of all assets including parking, bike lanes, greenways, existing and planned trails among others.

City accepts proposed revision and will amend the policy to include preparation of a City-wide connectivity assessment of bike lanes, greenways, existing and planned trails as part of the City's future Bicycle and Pedestrian Master Plan update. City will include parking assessments as part of future parking studies.

B2
Policy EJ-2.2 & 2.3. Existing Park Quality &
Increase Parks in Central Hayward
General comment that HARD relies on park impact fees to build facilities, and that due to constraints on land in central Hayward, the City and HARD should collaborate on identifying areas that could be converted to parks, pocket parks and greenways and other innovative solutions. Accept comment. No specific changes to policies.

B3
Policy EJ-2.3 Increase Parks in Central
Hayward HARD requests that the area identified as central Hayward be better defined in the document.

City will amend Program EJ-2.3 to reference Environmental Justice Element Figure 4, Park Access in Hayward which shows park acres per 1,000 residents by census tract in order to more clearly define "central Hayward."
B4 EJ-2.5 Public Safety
HARD clarified that they already incorporate CPTED practices when designing parks and feel the policy as written is redundant. HARD recommends revising the policy to discuss collaboration between Hayward Police Department, HARD's Public Safety Division to ensure safety in parks.

City accepts proposed revision and will amend the policy to remove reference to CPTED, and will expand policy to support collaboration between Hayward Police Department and HARD Public Safety Division.

B5 Additional Comments
HARD recommends a policy be added for the city to coordinate between HUSD and HARD to identify multi-use facilities which would offer opportunities to increase park and recreation space in constrained and developed portions of the City.

City accepts proposed revision and will add new Policy to coordinate with HUSD and HARD to identify and open up joint facilities to increase park and recreation space on school owned properties.

C. Comment Letter from Tony Marks-Block
C1 Hayward Airport
Commenter believes that the documents should include additional analysis of emissions (C02, GHG, and particulate matter) from the Hayward Airport and include measures to reduce pollutants related to the Airport.

Staff is considering the possibility of adding airport emissions to the City’s GHG inventory. When low-emission aviation fuels are available and approved by the FAA, staff will stive to make them available at the Hayward Airport.

C2
Fire Hazards Commenter believes that the City should adopt prescribed fire as a fuel management tool to reduce fire hazards.

Hazards Element Goal 5, Urban Wildfire Hazards, provides goals and policies related to mitigating wildfire risk, the creation of defensible space and fuel reduction, regional coordination, fire resistance retrofits and evacuation planning.

C3
CAP/Environmental Justice Tribal
Consultation Commenter believes that the CAP and EJ Elements should discuss Ohlone people.

Tribal notification and consultation is incorporated as part of all development and environmental review processes. The City coordinates with the Native American Heritage Commission to identify and notify any impacted tribes about development projects and General Plan amendments pursuant to State Law.

D-P. Public Comments received via email
D1 - Ben Schwang Micromobility/CAP Measures T-1 and T-3 Commenter notes that Hayward has an order of magnitude higher rate of sidewalk bike riding than the rest of Alameda County, and bike riding is a measure of how unsafe bike riders feel about riding in the street. Noted.

D2 - Ben Schwang Micromobility/CAP Measures T-1 and T-3 Commenter recommends a Bicycle Pedestrian Advocacy Committee to help oversee all transportation projects, and ensure development of safe bicycling routes. Notes that Hayward is "probably the only city of its size in the greater Bay Area that does not have one"
Acknowledged. No changes made as the Alameda County Transportation Commission's Bicycle and Pedestrian Advisory Committee serves as Hayward's Bicycle & Pedestrian Advisory Committee.

D3 - Ben Schwang CAP Measure T-3 Expressed support for discouraging single occupancy vehicle travel Noted.

E - Dave Pryor CAP Commenter expressed uncertainty about integrity of climate data Noted.

F - Diana Thornton Building Electrification/CAP Measure BE-6 Concerned about grid capacity and ability to support electrification measures Acknowledged comment, no changes need to be made. Provided commenter with resources and information about PG&E upgrade projects and shutdown FAQs G - Ezna Khan Building Electrification/CAP Measure BE-2 Old heaters in apartments should be checked for efficacy and safety (gas leaks) Noted. (Hayward's rental inspection program includes checking for gas leaks.) H1 - Jim Clark
Building Electrification/CAP Measures BE-
1, BE-2, BE-3 Commenter concerned about burden of cost of building electrification on homeowners and renters Noted.

H2 - Jim Clark Electrification/CAP Measure BE-6 Commenter concerned about grid capacity and ability to support EVs and building electrification Noted.

I - John Ostrello CAP Measure CS-1 Commenter expressed interest in planting trees on residence, asked for guidance as to which trees are recommended by staff.

Recommended that commenter reach out to local nursery for more personalized guidance. Information is also available on the City's website at www.hayward- ca.gov/services/city-services/landscaping-classes
J - Kevin Athanacio CAP Measure BE-3
Commenter is a multi-residential property owner concerned about cost of electrification and availability of energy; cites that building infrastructure is old and there is barely enough electricity to meet current demand. Asks what assistance will be provided to multi- residential property owners to decarbonize.

City is currently participating in a pilot project electrifying existing homes in hopes of finding solutions to this problem. Response also cited BE 3.4 (conducting feasibility studies to identify barriers to electrifying multi-residential properties) as a way to further address this concern.

K - Peter Reimer CAP
Commenter asked for a comparison of Hayward GHG emissions to other cities in Alameda County, cities in other Bay Area counties, and cities around CA.

Provided commenter with GHG emissions and resources for further exploration. No changes needed.

M - Richard Reavis CAP Expressed dissent for need to reduce GHG emissions Noted.

N - Sandra Nevala-Lee Synthetic Turf
SB 676 was signed on Oct 8 and allows local municipalities to ban residents from installing fake grass as drought-tolerant landscape.

Resident would like to know if city will be supporting this ban Staff will present a report on artificial turf to the Sustainability Committee in 2024. (The City offers a Lawn Conversion Program that provides rebates to residents to convert their lawns to water-efficient landscapes. Rebates are not provided for synthetic turf.)
O - Bill Crader CAP Concerned about seemingly conflicting objectives between CAP and Hayward's plans for future development.

The CAP is designed to reduce the emissions of new development that is required by the state of California. Implementation of CAP actions are projected to result in lower per capita emissions.

P - Miki Hong, Mills
College/Northwestern University Environmental Justice Element Expand Policy EJ-1.20 & Program EJ-1.9 related to smoke free multi-family housing to provide additional detail and monitoring. Amend Program EJ-1.9 as follows: "Adopt an Ordinance related to smoke free multi-family housing and track implementation and monitor community health outcomes. Partner with Alameda County Health Department, community-based organizations and academic researchers and others to evaluate local tobacco control and identify trends in population health in response to smoke-free multi- family ordinance passage." Accept change to Program EJ-1.9 Draft CAP Workshop Comments (10/30/2023)
Q Micromobility/CAP Measures T-1
Regarding measures that encourage micro-mobility, the City should consider providing public bike locking areas, specifically around busy areas such as shopping centers.

The City is implementing the Bike and Pedestrian Master Plan and is pursuing grant funding specifically for this
R CAP/GHG inventory Commenter asked if Russell City Energy Center are incorporated in GHG inventory.

The electricity emissions factor is accounted for in the inventory, but the power plant itself is regulated by the California Air Resources Board and the Bay Area Air Quality Management District.

S CAP Measure CS-1 Commenter asked which trees will be planted and which streets and areas will be getting new trees City has a list of trees they generally choose from and the location of trees will be addressed in the upcoming Urban Forest Master Plan.

T Equity Commenter asked if the CAP specifically addressed gentrification Equity guardrails were applied to electrification measures to help avoid displacement.

Equity guardrails are included in section 6.4 of the draft CAP. While the CAP does not explicitly address gentrification, the Housing Element does.

U Commenter asked if there is a plan to clean up local creeks There are actions in the CAP that encourage green infrastructure, which will help filter stormwater. Regional Water Board is also installing filtration devices in the city to keep creeks clean.

V Commenter asked if there has been collaboration between the City and Cal State East Bay and Chabot College to create the CAP.

Yes, the City has been working directly with Chabot and CSU EB to conduct interviews and get feedback on EJ and CAP policies. City staff also participates in CSUEB Sustainability team meetings.

W CAP Measure CS-1
Commenter expressed concern over the removal of old trees for new developments in the City, and if City development is in direct opposition with CAP actions.

The City attempts to strike a balance between accommodating new population growth and minimizing impacts of development. By increasing development within Hayward, we reduce development (sprawl) in sensitive areas. Housing Element and State require development and a certain amounts of housing units every year.

X Equity Commenter asked how CAP outreach is conducted, and what future outreach will look like.

The City conducted significant outreach as part of the project and will continue through implementation. We intend to continue outreach efforts and build upon existing community and educational partnerships to expand outreach.

Y
Commenter expressed concern about companies purchasing carbon offsets and then not maintaining their trees after their obligations are complete.

City is focusing on tree planting and applying compost, and is not currently pursuing carbon offset markets.

Z Equity/Airport
Commenter asked how airport emissions are addressed in the CAP. Concerned about fumes impacting surrounding neighborhoods which are typically BIPOC.

When low-emission aviation fuels are available and approved by the FAA, staff will stive to make them available at the Hayward Airport.

AA Micromobility/CAP Measures T-1 and T-3 Commenter asked if the Hayward Loop will be modified to make it safer for bikes and scooter.

City was recently awarded a grant to consider safety improvements and re-evaluate the Loop.

AB HAZ-4, HAZ-6.7 Commenter asked if the CAP addresses preparations for flooding and measures to make the City more drought-resilient Section 11 of the CAP includes several actions related to water and wastewater, with an emphasis on conservation. Flood hazards are addressed in section 3 of the Hazards Element.

To promote water conservation/use efficiency, the City has a water waste prohibition Ordinance in place that prohibits the use of potable water for non-essential purposes.

In addition, the City's water system is fully metered and includes Advanced Metering Infrastructure (AMI), volumetric water rate pricing, conservation assistance and rebate programs, as well as public education and outreach efforts. The City and EBMUD, as Groundwater Sustainability Agencies for the East Bay Plain Subbasin, prepared a Groundwater Sustainability Plan to sustainably manage the groundwater in the basin.

AC
Synthetic Turf
Commenter asked how City will address synthetic turf. How will it be 'recycled' when it breaks down? Commenter asked if the speed of planting trees could be increased to provide more shade and make the City more walkable.

The City encourages native plants over synthetic turf lawns, and will explore possible regulation of synthetic turf. The City offers a Lawn Conversion Program that provides rebates to residents to convert their lawns to water-efficient landscapes. Rebates are not provided for synthetic turf. City tree planting is currently limited by staff capacity to maintain existing trees.

AD Commenter asked how the CAP actions will be funded, cited cost of Shoreline Master Plan as a concern Most Shoreline Master Plan projects will be grant funded. There are currently approximately five projects underway with the benefit of grant funding.

AE CAP Measure CS-1 Commenter asked if CAP will declare protections or sanctuary areas for old trees in Hayward.

City recently received grant funding to inventory trees on public properties, which should help inform best management practices.

AF Electrification
Commenter asked if there is a plan to increase reliability on the grid in tandem with increased reliance on it. Cited concerns about power outages.

Grid reliability is addressed by the California Energy Commission. Batteries, electric vehicles, and heat pump water heaters all have energy storage and scheduling capabilities that will help ease demands on the grid.

AG CAP Measure CS-1 Trees should be planted near airport to address pollution and EJ issues.

City is working with a consultant to update tree preservation ordinance and develop guidelines for landscaping around the airport. City will put commenter in touch with City staff working on those projects and conducting outreach.

Planning Commission Comments (December 14, 2023)
Commissioner Goodbody
CAP BE-1.7, BE-2.12, BE-3.9, T-4.10, T-4.8,
T-4.2
Would like to see a roadmap of how CAP actions will be prioritized. Expressed that finding electrification incentives is critical and suggested prioritizing strengthening partnerships with Ava and utilizing their programs.

CAP actions will be prioritized in terms of timing and, to a lesser extent, GHG reduction potential. All actions will be needed to meet the GHG reduction goals.

Timing for each action is indicated in Table 29 in the CAP. Annual reports to the City Council will document the implementation of the CAP.

Commissioner Goodbody General CAP
Expressed concern about cost of electrification, suggested a tax on largest polluters in the city where 100% of proceeds could go to helping residents electrify.

Staff will investigate feasibility.

Commissioner Meyers CAP T-1.2
Noted that CAP looks to reduce vehicle miles traveled, but vehicle minutes traveled may be an effective metric to measure idling.

Asked staff is there is any plan in the future to include this metric, and how we can work on traffic management system to reduce idling time
Staff is looking into measuring vehicle minutes traveled and/or time spent idling.

Futhermore, increased adoption of electric vehicles will reduce idling-related emissions.

Commissioner Franco-Claussen CAP/Equity Asked if all new developments are required to have solar panels due to city reach requirement Solar is requried by the state building code for certain building types. The City's Reach Code focuses on requiring appliance that do not use natural gas, preparing commercial buildings for future electrification, and installation of EV charging.

Commissioner Franco-Claussen CAP/Equity Asked how we can help low-income families get EVs.

The City will promote programs targeted to low income households, including the Air District's Clean Cars for All program.

Commissioner Franco-Claussen CAP/Equity
Expressed concern that due to cost and language barriers, large population of Hayward will be excluded in the transition to cleaner transportation and buildings. Pollution isn't a choice but a necessity for low income families, how will we help them not get left behind?
The City will partner with community organizations to target communications to low income families.

Commissioner Franco-Claussen CAP T-4.5 Partnerships should be prioritized, especially to help residents get EVs and hybrids. Noted.

Commissioner Franco-Claussen Outreach/Equity Expressed need for outreach that meets residents at their homes, in their language, at the times they are home. Noted.

Commissioner Stevens HAZ/EJ (find IDs)
Expressed concern over "where feasible" language in actions. Unclear as to who determines what is feasible and who assumes liability if nature-based solutions fail.

Feasibilty and liability will be determined on a case by case basis.

Commissioner Stevens CAP/Equity Expressed concern over cost of CAP measures, asked who will be paying for program implementation Funding sources will vary. Some costs will be borne by residents and homeowners, some by utilities, and others by grants.

Chair Lowe CAP BE-1.1, 1.2, 2.11 Asked if 2030 is the year we would turn off natural gas CAP actions are designed to gradually phase out the use of gas by 2045. Electrification efforts will focus on time of replacement, time of sale, and time of retrofit.

CAP T-3 Asked how city is getting word out to everyone that single person vehicles are being disincentivized and natural gas will be turned off.

Communication methods will vary, but the City will partner with community organizations to target communications to low income families.

Commissioner Stevens CAP/Natural Gas Asked if natural gas appliances could be run on propane tanks in the event that natural gas lines are capped. Generally, no.

Commissioner Stevens CAP/Natural Gas
Asked if state or local agencies have done calculations of GHG reductions from transitioning from gas appliances to electric appliances and what the material impacts of this transition are.

There are studies that consider full lifecycle emissions, but the City focuses on the direct emissions of the appliance.

Commissioner Stevens CAP/Natural Gas
Noted that a 100-year-old product that is maintained well is less energy intensive than replacing it, even if it runs on natural gas.

Asked if there is any evidence that changing to electric appliances is more environmentally sustainable than maintaining our current appliances.

Electrification efforts will focus on time of replacement, time of sale, and time of retrofit.

Commissioner Franco-Claussen CAP/Equity Asked how families are going to afford cost of electrification Most appliances will be transitioned to electric when existing equiepment is ready for replacement. Incentives are available from BayREN and Ava Community Energy.

Commissioner Franco-Claussen CAP/Outreach/Equity
Concerned about speed at which residents need to move to meet 2030 and 2045 targets. Expressed the need for opportunities, outreach, and programs for disadvantaged community members who will not be able to reach targets on proposed timeline Noted.

Commissioner Stevens CAP/Cost Expressed concern about practicality and cost of actions. Noted Commissioner Patterson CAP/Equity
Acknowledges that CoH is a leader in sustainability and has made positive progress, wants to see that continue, however is concerned about burden to residents, public outreach, cost of electrification without solar panels, and expressed need to see plans for how outreach will be conducted Noted.

Chair Lowe CAP/Equity Concerned about cost of electrification, burden to the grid, how we will find the experts and staff needed to conduct more outreach Noted.

Chair Lowe CAP/Outreach/Equity Still would like to continue being a leader in sustainability and meet goals for 2045, but expressed need to make actions equitable. Noted.

Chair Lowe CAP Expressed overall support of CAP and work to perfect is over time as we gather more knowledge and resources. Noted.

Commissioner Patterson Outreach
Concerned about outreach conducted thus far. Did not see metrics of how many people were reached and what outreach targets were. No evidence that diverse groups of residents were engaged. Asked who has done the outreach and if metrics exist Detailed outreach metrics were not recorded. Staff has noted this concern and will endeavor to collect this information going forward.

Commissioner Patterson Outreach/Equity Expressed concern that residents need to know about this upfront before it becomes a requirement. Noted.

Commissioner Patterson CAP/Equity
Asked how CAP aligns with Climate Crisis Emergency passed by City Council which encourages inclusive community engagement and diverse participation The CAP update identified programs that will respond to the climate crisis emergency.

Commissioner Patterson Outreach/Equity Asked who community partners are and how City can strengthen those partnerships to help conduct outreach The City does and will continue to partner with a variety of organizations include, school, higher eduction, and community based organizations.

Commissioner Patterson CAP/Equity Concerned about cost of electrification and heavier burden on lower income/disadvantaged residents Noted.

Commissioner Patterson CAP Asked if there is a timeline or roadmap for achieving equitable electrification This will be addressed in the existing home electrification roadmap.

Commissioner Patterson CAP Asked if seismic retrofitting would be included in electric-ready or electrification retrofits. Staff will investigate feasibility.

Commissioner Patterson CAP BE-1.8, 1.9 Asked if promoting the use of low carbon concrete will create an extra expense to builders and discourage development in the city The extra cost of low carbon concrete is expected to decrease over time. The extra cost is one reason the City does not require it at this time.

Commissioner Patterson CAP T-1.4
Why would micro-mobility devices be promoted “especially among lower income community members?” Is there research or other evidence suggesting that these are most useful, or more desirable for people with lower incomes? Or is there a problem that this would solve that is specific to lower income residents? Micromobility will be promoted across all demographics as it helps to make public transportation more accessible. Financial incentives will be focused on lower income commmunity members.

Commissioner Patterson CAP T-1.7, 1.8, 1.9, T-2.3
The recommendations in Actions 1.7, 1.8, 1.9 and 2.3 regarding permanent street closures, traffic closures, removing traffic lanes, and designating some streets as “transit only,” all seem like they would increase traffic and idling, which seems to be in conflict with stated goals to reduce GHG emissions
Traffic congestion and idling will be considered before implementing any streeet closures.

Commissioner Patterson CAP T-2.7
While well meaning, would this action discourage businesses from starting or continuing to operate in Hayward? Could we encourage this instead of requiring it? If not, would the cost of potentially losing businesses be worth what may be a small gain for the environment? Staff will investigate feasibility of encouraging rather than requiring TDM plans. .

Commissioner Patterson CAP T-2.12 How is a congestion charge equitable? This is also mentioned in action T3.5. Equitability will be assessed during the feasibilty study phase of this program.

Commissioner Patterson CAP T-3.1
Are any of the strategies stated in this action within the control of the City of Hayward? What incentives would be provided to residents or to employers outside of the City to make these changes? The City has tools that may be used to disincentivize single passenger vehicles. Parking regulation or pricing is one example.

Commissioner Patterson CAP T-3.3, 3.4
Actions 3.3 and 3.4 - I am concerned that charging for public parking in Downtown Hayward and near other businesses throughout the City could result in Hayward businesses losing customers Noted.

Commissioner Patterson CAP T-3.5
Penalizing the residents of Hayward with a “congestion charge” when people from all over the Bay Area contribute to the traffic in the city seems completely unfair and will only cause more hardship for Hayward’s residents. I also feel that this is in direct conflict with the stated goals of the Environmental Justice Element. I am not in favor of the strategy of disincentive-based policies and prefer all the EV actions that are listed in the Transportation Sector section of the CAP as an alternative way to drastically reduce GHG emissions in Hayward. Noted.

Commissioner Patterson CAP T-3.9
Wouldn’t this discourage the use of ride share services and conflict with stated goals that encourage less single passenger vehicle usage? This would be studied during the feasibiility study phase of the program.

Commissioner Patterson CAP T-3.10
How would both parts of this action be implemented? Would the car registration tax be added to every car registered to an address in the City of Hayward? If so, couldn’t residents simply register their car to an address outside of the city? How would the exemption for low-income residents be managed?
Details of a possible registration tax would be determined at a later date and will consider these concerns.

Commissioner Patterson CAP T-6.1
I imagine that this action would increase costs for the impacted business owners in Hayward. This cost would likely be passed along to residents, which might lead residents to hire businesses outside of the City that still use equipment that does not meet the zero emission standards.

This action focuses on providing information/education about state-wide regulations that prohibit the sale of new gasoline powered small engines.

November 14, 2023

Hayward City Council
777 B Street
Hayward, California 94541
Subject: Comments on the City of Hayward Environmental Justice Element, Hazard Element, and Climate Action Plan Drafts

Dear Hayward City Councilmembers and General Plan Team,

Thank you for the opportunity to provide comments on the Hayward Environmental Justice (EJ) Element, Hazard Element, and Climate Action Plan (CAP) drafts. We are pleased to see that the drafts address climate impacts like sea level rise, urban heat, flood risk, and community health and encourage urban greening. Hayward’s Regional Shoreline Resilience Master Plan (Shoreline Plan) makes it a leader in sea level rise and flood resilience planning, and we’re glad that the General Plan draft commits to implementing the Shoreline Plan and coordinating with local and regional entities to adapt to sea level rise. We also appreciate the inclusion of strong policies to protect vulnerable communities from pollution, including pollution from toxic sites and groundwater.

In subsequent drafts of the Hazard and EJ Elements, we encourage you to provide more specificity in the sea level rise, flood resilience, and equity policies. In order to realize the following priorities, we encourage you to include the specific line-edit suggestions at the bottom of this document to more comprehensively incorporate climate resilience, nature-based solutions, and equity into the Environmental Justice and Hazard Elements.

• Protect homes and facilities from current and future flood risk due to climate change.

Update zoning and building codes to ensure new or significant construction and public infrastructure in flood risk zones can withstand future climate conditions. Understand and address flood risk due to stormwater.
• Prioritize multi-benefit green solutions to address sea level rise, flooding, urban heat, air pollution, and water pollution. Integrate climate resilience into all stages of planning and project design.

As Hayward faces more severe climate change, green stormwater infrastructure (such as urban greening and wetland restoration) can improve local water quality, minimize flooding by absorbing and filtering stormwater, increase shoreline resiliency, mitigate urban heat, and improve air quality. Incorporate nature-based resilience into all relevant policies, including those regarding transportation upgrades, shoreline resilience, and park access. Prioritize multi-benefit green solutions in communities with overlapping vulnerabilities.

• Co-develop solutions with community groups, community members, and the Ohlone people, such that all people of Hayward feel ownership of the city and solutions reflect the lived experience of frontline communities.

Prioritize climate resilience solutions within historically underrepresented communities and communities most vulnerable to climate impacts. Compensate community members and community groups for their involvement and expertise.
• Protect Environmental Justice (EJ) communities from exposure to air pollution and toxics.

Environmental Justice communities are disproportionately exposed to air pollution and toxics.

We appreciate that the draft EJ Element includes policies to use nature-based solutions to buffer communities from air pollution, monitor the cleanup of toxic sites, and provide health monitoring to vulnerable communities. In subsequent drafts, the City should explore moving polluting industries away from residential zones, incorporate climate change projections into toxic risk assessments, and require full cleanup of toxic sites before allowing housing to be built nearby.
• Update the Climate Action Plan to include climate adaptation measures.

We applaud Hayward for creating a Climate Action Plan and committing to ambitious greenhouse gas emissions reductions. In future iterations of the CAP, we strongly urge the City to include climate adaptation measures in addition to mitigation measures. Including climate adaptation in the CAP can allow the City to develop its climate resilience policies beyond what is in the Hazard Element, including creating a funding plan and timeline, assigning department/staff roles, and providing more policy details1.

The following specific recommendations draw on reports and guidance created by regional agencies and nonprofits. These include Save The Bay’s Position Paper on San Francisco Bay Sea Level Rise & Flood Strategy, Greenbelt Alliance’s Resilience Playbook, the San Francisco Estuary Institute’s SF Bay Shoreline Adaptation Atlas, and the San Mateo County Flood & Sea Level Rise Resiliency District’s (OneShoreline) Planning Policy Guidance.

Sincerely,
David Lewis
Executive Director
Save The Bay

Victor Flores
East Bay Resilience Manager
Greenbelt Alliance

1 Climate Resolve. “Ounce of Prevention: Advancing Equitable Climate Resilience Planning in California” https://www.climateresolve.org/ounce-of-prevention/
Hazard Element Line Edits

Line Edits
Current General Plan draft language is in black.

Our line edits are in red.

Additional Explanation/Feedback
HAZ-4.3 Shoreline Adaptation Master Plan
The City shall coordinate with Oakland, San Leandro,
Alameda County, the Hayward Area Shoreline
Planning Agency, the Bay Conservation and
Development Commission, and other agencies to
expand and restore wetland habitat and increase
shoreline resilience through the implementation of
the Hayward Regional Shoreline Adaptation Master
Plan, and will align the Shoreline Adaptation Master
Plan with BCDC guidelines when they are adopted.

We congratulate Hayward on being a leader
in the Bay Area on shoreline resilience
planning with its Shoreline Adaptation Master
Plan. With the passage of SB 272, the Bay
Conservation and Development Commission
is required to establish guidelines by
December 31, 2024 to guide local sea level
rise plans. Hayward’s Regional Shoreline
Adaptation Master Plan should be updated if
needed to align with these guidelines.

HAZ-4.6 Adaptation Atlas
The City shall partner with regional jurisdictions to
incorporate the findings of the San Francisco Estuary
Institute’s SF Bay Area Adaptation Atlas including
commitments to nature-based measures, grey
infrastructure, policy and regulatory measures, and
financial measures. Nature-based measures will be
considered before grey infrastructure in flood
resilience projects.

We appreciate Hayward’s commitment to
implementing Adaptation Atlas
recommendations, and we urge the City to
prioritize the nature-based adaptation
measures described in the Adaptation Atlas
before considering grey infrastructure.

Nature-based measures provide a host of
benefits beyond flood protection including
biodiversity, recreational, and climate
mitigation benefits.

HAZ-4.7 Adaptation Programs and Standards
[Add two bullet points and revise one bullet point:]
• Identifying the location, condition, material,
age, and elevation of underground utilities to
determine which assets will need to be
upgraded to account for sea level and
shallow groundwater rise, in collaboration
with water, sewer, energy, solid waste, and
telecommunication service providers.
• Creating an implementation plan to upgrade
critical equipment and facilities including
pump stations, generators, tide gates, stream
gages, open channel, and culvert/pipeline
The need to upgrade underground utilities
was identified in SFEI’s “Shallow Groundwater
Response to Sea-Level Rise” report as a
necessary step in preparing city infrastructure
for groundwater rise.
infrastructure when needed and aligning the
plan with the Capital Improvement Plan.
• Installing nature based and grey
infrastructure around areas projected to be
impacted by sea level rise, with priority given
to nature-based infrastructure.

HAZ-4.9 Groundwater Management Plan
The City shall coordinate with Alameda County Flood
Control & Water Conservation District to develop a
Shallow Groundwater Management Plan to identify
feasible strategies for managing rising groundwater
tables from sea level rise and storm surges. The plan
will include a watershed-level model of groundwater
rise, establish a Shallow Groundwater Overlay
District, and implement related building standards
within the overlay district to ensure that buildings are resilient to groundwater rise, saltwater intrusion,
liquefaction, and toxic contaminants.

Establishing a Shallow Groundwater Rise
Overlay District is consistent with HAZ-6.9
which commits to establishing climate overlay
zones. OneShoreline’s Planning Policy
Guidance offers model language for
establishing a Shallow Groundwater Rise
Overlay district and related standards. The
recommended area for the overlay district is
the area that may experience shallow (water
table between 1-2m depth) to emergent
(water table at surface) groundwater with 6.6
feet of sea level rise.

We recommend updating the groundwater
rise map on Page 3-148 to include
groundwater risk at 6.9 ft of sea level rise.

HAZ-4.10 Increase Flood Protection Standards for
New Construction and Renovations
The City shall incorporate sea level rise into the
municipal code and establish a Sea Level Rise Overlay
District to require compliance with base floor
elevation and flood-proofing requirement to mid-
century sea levels. Update building codes to require
new or significant construction in the Sea Level Rise
Overlay District to build at least 4 feet of freeboard.

Require new or significant construction within 100
feet of the shoreline to contribute to regional
shoreline infrastructure (unless existing infrastructure protects against projected flooding) and to contribute
to Bay Trail access. Consider unconventional design
elements that may allow structures to accommodate
a higher water table and higher liquefaction risks.

Establishing a sea level rise overlay district is
consistent with HAZ-6.9 which commits to
establishing climate overlay zones.

The building standard suggestions are drawn
from OneShoreline’s Planning Policy
Guidance. They are also consistent with
Haywards Regional Shoreline Adaptation
Master Plan Policy Recommendations, which
include increasing standards for new
construction and considering an amount of
freeboard applied in flood zones.

We support the consideration of
unconventional design elements. This video
by Dr. Kristina Hill describes a floating house
concept, a possible innovative design to
protect housing from floods and earthquakes.

Goal HAZ-6 [Add new policy]
Plan for Long-Term Growth Management and
Potential Strategic Relocation
As sea level rise and groundwater rise progress,
consider zoning changes to reduce growth in the
Industrial District and encourage land uses to move
inland if necessary.

This policy is consistent with policy
recommendation 6 in the Hayward Regional
Shoreline Adaptation Master Plan. The plan
states, “Over the long-term, higher levels of
sea level rise may create groundwater
conditions that can no longer be managed
through stormwater management strategies
and will require land to either be significantly
elevated or land uses to move inland...Over
the long-term, it may be necessary to limit
additional growth and investment in the
industrial district to develop a longer-term
plan for more substantial changes in built
form, or relocating to a safer, more viable
location. To promote reduced growth in this
area in the future, zoning could be changed to
other districts that allow for lower intensity of
uses like Flood Plain Districts or Open
Space/Parks and Recreation Districts."
HAZ-6.6 Transportation Corridors
The City shall improve the resiliency of transportation infrastructure by identifying highly trafficked active
transportation and commute patterned streets and
prioritizing the creation of “complete green streets”,
including permeable pavement, shading, lighting,
biodiversity, flood resilience, pedestrian and bike lane safety, and drinking water improvements.

This aligns with Goal 3 (Complete Streets) in
the City’s Mobility Element which defines
“complete streets” as “streets designed and
constructed to serve all users of streets,
roads, and highways, regardless of their age
or ability, or whether they are driving,
walking, bicycling, or taking transit.”
HAZ-6.7 Parks and Open Space Resilience
Protect open spaces, habitats, and parks impacted by
sea level rise, floods, drought, extreme heat, and
wildfire including:
• Protect existing floodplains, open space, and
other natural features that provide flood
storage by establishing minimum buffers,
limiting new development in wetlands and
buffers. Establishes buffer zones at least 100
ft from the Bay shoreline and at least 35 ft
from the top of creek banks. If new
development is allowed in these areas,
The first suggestion is from OneShoreline’s
Planning Policy Guidance recommended
policies, and the second is a priority described
in Greenbelt Alliance’s Resilience Playbook
and is consistent with Goal EJ-2 to “ensure
that residents in Hayward have access to a
diverse range of public facilities to promote
community wellbeing and resource access”.

To prioritize greening in vulnerable areas the
City can use its existing pollution burden map
from the EJ Element and urban heat island
require it to contribute to regional shoreline
resilience infrastructure.
• Protect and expand large, continuous
greenspaces such as parks, median strips and
street trees wherever possible for greater
cooling magnitude and extent. Include a mix
of grass and trees for greatest cooling
benefits. Prioritize greening in most
vulnerable areas with high pollution, heat,
and flood burden and engage frontline
communities in the design and placement of
green features.
maps from CalEPA. It may need to do
additional flood modeling to identify areas
that are at highest risk of flooding under
future flood conditions.

HAZ-6.9 Climate Overlay Zones
The City shall establish hazard overlay zones. Overlay
designations shall be developed to address potential
future at-risk areas, such as areas prone to wildfire,
subsidence, future floodplain or area of temporary
inundation, or area at risk for high wind/storm events
due to future climate change impact models. Apply
overlay zones to areas with the greatest current
hazards and/or future climate impacts. Associate
corresponding risk reduction, adaptation policies, and
standards specific to the hazard or climate impact.

Overlay zones should include development standards
for appropriate risk mitigation measures. As much as
possible, the City should prioritize building affordable housing near jobs and transit and outside of the
Climate Overlay Zones.

This is consistent with the City’s Housing
Element site simulation recommendation to
“limit residential development near...areas
located near the shore because of climate
change-induced sea level rise” and is a
priority described in Greenbelt Alliance’s
Resilience Playbook.

Goal HAZ-6 [Add new policy]
Require major development and redevelopment
projects to construct and maintain urban greening
projects in the adjacent public right of way.

This policy is recommended in Greenbelt
Alliance’s Resilience Playbook.

Goal HAZ-6 [Add new policy]
New infrastructure projects (including bike/ped and
traffic calming infrastructure, road upgrades, public
plaza redevelopment, tree planting, or utility
upgrades) will be reviewed for alignment with the
This will ensure that there are no missed
opportunities in implementing the GSI plan,
as per section C.3 of the Municipal Regional
Stormwater Permit.

City’s GSI plan and feasibility of inclusion of green
stormwater infrastructure elements.

Goal HAZ-6 [Add new policy]
The City will identify areas at risk of flooding due to storms and will create a Storm Drain Master Plan that
ensures the storm drain system has the capacity to
function under future precipitation conditions. It will prioritize storm drain upgrade and green stormwater
infrastructure projects based on flood risk and
disadvantaged community status.

The Hazard Element draft includes maps of
areas exposed to flood risk due to sea level
rise and groundwater rise. However, the City
currently lacks a comprehensive
understanding of inland flood risk and areas
prone to flooding due to storms, which will
only become more extreme as climate change
advances.

Environmental Justice Element Line Edits

Line Edits
Current General Plan draft language is in black.

Our line edits are in red.

Additional Explanation/Feedback
Goal EJ-1 [Add new policy]
Evaluate and map areas with overlapping climate
vulnerabilities, including income, pollution burden, heat burden, flood risk, and lack of greenspace.

This analysis will help Hayward prioritize
its EJ programs and projects in the most
vulnerable communities. In order to do
this analysis, Hayward may need to do
additional flood modeling to identify
areas that are at highest risk of flooding
under future flood conditions.

Policy EJ-1.2 Urban Greening
Develop urban greening initiatives along major arterials to protect sensitive receptors from traffic related pollution, especially Diesel Particulate Matter pollution. Prioritize greening in areas with the highest pollution burden.

Program EJ-1.3: Partner with and support Hayward Unified School District to install MERV-13 air filtration systems in all local schools to reduce the impacts from air pollution, especially Particulate Matter pollution. Prioritize updating HEPA air filtration systems in schools experiencing the highest pollution burden.

Program EJ-1.5: Prepare and publish an annual report
identifying the location and status of local cleanup sites and hazardous waste facilities to keep residents informed about local polluting sources. Identify sites that are at risk of contaminant mobilization due to sea level or
groundwater rise.

There are hundreds of hazardous sites in
the Bay Area that will be exposed to sea
level rise by 2100, over 20 of which are
in Hayward. Identifying which are at
highest risk of inundation may require
watershed scale groundwater rise
modeling, which we recommend
including as a line edit in policy HAZ-4.9.

Policy EJ-1.7 Targeted Health Monitoring
Coordinate with the Alameda County Public Health
Department to actively monitor and actively support the health of residents living in-proximity to hazardous waste facilities and cleanup sites.

No line edits, but we appreciate the
inclusion of this important policy.
• Program EJ-1.6: Develop a community protection
program that offers health resources, monitoring,
and additional supports to residents living within a
one half-mile radius of a hazardous waste facility
or cleanup site.

Policy EJ-1.14 Cleanup Sites
Proactively monitor the progress of local cleanup sites to ensure that all site remediation efforts are being handled in a timely and effective manner. Determine which cleanup sites are most at risk of toxic substances being mobilized due to flooding from sea level and groundwater rise,
according to the latest available science (including the DTSC Sea Level Rise Guidance for Cleanup Activities). In addition, new housing should not be approved or built on or near hazardous sites in flood-prone areas before
cleanup has been completed. Cleanup standards should be developed in partnership with frontline communities, take into account cumulative pollution exposure, and require that contaminants are disposed of in the least harmful way possible.

DTSC’s home page for updating their
cleanup guidance is found here

Frontline communities and community
organizations such as the SF Bay
Shoreline Contamination Cleanup
Coalition have advocated for decades
for toxic sites to be fully cleaned to
community standards before any
housing is built on or near the site.

Policy EJ-1.16 Groundwater Contamination
Require that permeable reactive barriers (PRBs) or
diversion walls are developed on or immediately adjacent to contaminated sites to protect the groundwater within Hayward. Identify and upgrade sewer pipes in areas at risk of Volatile Organic Compound (VOC) mobilization due to
rising groundwater.

Use watershed-level groundwater
modeling to map which areas are at
highest risk. Upgrading sewer lines at
risk of VOC exposure is necessary to
prevent harmful vapor intrusion into
homes and buildings.

Policy EJ-1.18 Proximity to Pollution Sources
The City shall avoid locating new sensitive uses such as schools, childcare centers, and senior housing in proximity to sources of pollution, odors, or near existing businesses that handle toxic materials. Where such uses are located in proximity to sources of air pollution, odors, or toxic
materials, the City shall require that building design, construction safeguards, and technological techniques to mitigate the negative impacts of hazardous materials

and/or air pollution on indoor air quality. Explore the use of zoning ordinances and incentives to move polluting
industries away from residential areas in the long term.

Policy EJ-2.2 Existing Park Quality
Work with HARD to improve the quality and safety of
existing parks with a focus on areas with the lowest
number of park acreage per capita. Incorporate green
stormwater infrastructure designed to provide multiple
benefits, such as flood prevention, trash capture, heat mitigation, and biodiversity.

This aligns with the City’s Public
Facilities and Services Element Goal 5.4
(Green Stormwater Infrastructure)
priority.

Policy EJ-2.4 Green Space through Residential
Development
Require future medium-density and high-density
development to incorporate green space as part of the
development review process to meet community need
across the City. Design greenspace to provide multiple
benefits when possible, including flood mitigation,
pollution prevention, heat mitigation, and biodiversity.

Prioritize building green space in DACs and low-income
neighborhoods. Engage the community in the process of
developing greenspace.

Policy EJ-2.7 Active Transportation
Support active transportation in Hayward by facilitating the timely and effective implementation of the programs and policies outlined within the Hayward Bicycle and
Pedestrian Master Plan & Multimodal Intersection
Implementation Plan and Nexus Study. Prioritize creating “complete green streets” and evaluate any road upgrade
projects for inclusion of green stormwater features such as permeable pavement, planters, and bioswales.

Policy EJ-4.2. Home Maintenance Programs
Promote home safety by developing public programs that
subsidize home-maintenance projects for low-income
residents and provide public resources for necessary home improvements. Include subsidies for residents to add green These projects can protect homes from
flooding and excessive heat.
infrastructure like rain gardens and tree canopy to their homes.

Policy EJ-5.4 Tree Canopy
Support active transportation by preserving existing and increasing tree canopy through implementation of an
expanded urban greening initiative. Prioritize preserving and increasing tree canopy in EJ communities. As part of urban greening initiatives, evaluate projects for inclusion of green stormwater components for flood resilience and pollution prevention.

This aligns with Goal 8 (Urban Forest) in
the City’s Community Health Element.

We also recommend that the EJ Element
include a map of existing tree canopy
and plans to increase it in order to
identify areas that have low tree canopy
or suffer from high urban heat.

Policy EJ-6.2. Community Engagement
Host City led community engagement meetings at times
and locations that are accessible to a diversity of
community members including but not limited to hosting
meetings at multiple timeslots, in varying locations and with translation services. Compensate community
members for their time.

From: Tony Marks-Block
To: Environment
Subject: Draft CAP comments
Date: Wednesday, November 15, 2023 6:55:42 AM
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Greetings,
Thank you all for your efforts on the Draft CAP - I think it is an ambitious and important document.

There are a few critical omissions that I believe should be addressed to ensure Hayward leads in de-carbonization and environmental justice.

There is no analysis of the Hayward airport as an important source of CO2 emissions and contributor to human health harms. There should minimally

be an analysis of the contributions
to GHGs and pollutants (e.g., particulate matter). Private jet and plane travel should be drastically reduced, just as other emission sources are planned to be reduced in Hayward.

I also believe the City of Hayward should adopt prescribed fire as a management tool to reduce hazards associated with wildfire. The City's of Orinda and Moraga have adopted this strategy successfully. The best way to reduce the risk of wildfire is to apply fire to the landscape when conditions are safe. Otherwise, the City of Hayward is delaying the inevitable.

Lastly, the Draft CAP and environmental justice supplement makes no mention of Ohlone people's. Their erasure from these documents is, in and of itself, an environmental and social justice issue. They should be consulted and included in such a document, particularly because of their longstanding stewardship of Hayward, preceding the City's urban development.

Thank you for your time, and please let me know if you have any questions.

Dr. Tony Marks-Block
Assistant Professor of Environmental Studies
Campus Sustainability Committee
CSU East Bay
From: Environment
To: "Ben Schweng"
Subject: RE: climate action plant workshop comments
Date: Thursday, October 26, 2023 4:55:28 PM
Attachments: image001.png
Thank you for your comments, Ben.

The Environmental Services Team will take your comments into consideration.

Best,
Nicole

Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
( Phone: 510.583.4727 | * Email: [email protected]

From: Ben Schweng <[email protected]>
Sent: Wednesday, October 25, 2023 2:51 PM
To: Environment <[email protected]>
Subject: climate action plant workshop comments

CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Hi,

I cannot attend the meeting but I have a few comments for the Monday October 30th workshop:

1. Encouraging drivers to get out of their single occupancy vehicles is essential to combating climate change.

2. Hayward has an order of magnitude higher rate of sidewalk bike riding than the rest of Alameda County. Sidewalk bike riding is largely a measure of how unsafe bike riders feel about the street.

3. Hayward needs a Bicycle Pedestrian Advocacy Committee to help oversee all transportation projects, and ensure development of safe bicycling routes. Hayward is probably the only city of its size in the greater Bay Area that does not have one. Without safe INFRASTRUCTURE, we are never going to get the mode shift required to reduce greenhouse gases.

--
Ben Schweng
Cyclepath Hayward
22510 Foothill Blvd
Hayward CA 94541
510.881.5177

From: Environment
To: Dave Pryor
Subject: RE:

Date: Thursday, October 26, 2023 5:08:00 PM
Attachments: image001.png
Dave,

Thank you for your comments, they have been noted.

Best,
Nicole

Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
( Phone: 510.583.4727 | * Email: [email protected]

From: Dave Pryor <[email protected]>
Sent: Thursday, October 26, 2023 12:47 PM
To: Environment <[email protected]>
Subject:

CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

You all realize that the so called climate "problem" is based on manipulated computer models and faulty data collection, Right???

In other words: nonsense.

David Pryor, CPA
(650) 697-2727
1650 Borel Place
Suite 120
San Mateo, CA 94402
(650) 697-2727 ph
(650) 239-5055 fx
http://www.cpfcpas.com/

DISCLAIMER
Any accounting, business or tax advice contained in this communication, including attachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax-related penalties. If desired, Crisafi, Pryor & Farquhar, Inc. would be pleased to perform the requisite research and provide you with a detailed written analysis. Such an engagement may be the subject of a separate engagement letter that would define the scope and limits of the desired consultation services.

PRIVILEGED AND CONFIDENTIAL
This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney- client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please contact me at the above email address. Thank you.

From: Environment
To: [email protected]
Subject: RE: Question
Date: Monday, October 30, 2023 4:21:00 PM
Hi Diana,
This is a very valid concern and important question. There a few key ways grid reliability is being improved. As a City, it is not within our power to physically upgrade power lines as they belong to and are serviced by Pacific Gas & Electric (PG&E) and the California Public Utilities Commissions (CPUC). However, when the situation arises, Hayward works with PG&E to upgrade transformers in our area and improve energy reliability. As a customer of PG&E, it is well within your rights to ask your provider what they are doing to avoid shutdowns. PG&E has some information about this readily available here: https://www.pge.com/en_US/residential/outages/public-safety-power- shuttoff/why-psps-events-occur.page.

In particular, it is PG&E's responsibility to ensure that the transmission lines are upgraded to handle increased demand. The CPUC and PG&E entered an agreement in 2019 that required PG&E to procure at least 716 megawatts (MW) of system reliability to come online between 2021-2023. They currently have six projects within their service area upgrading transmission lines that will total more than 1,000 MW. As electricity demand increases, PG&E will be expected to continue to identify transmission areas to upgrade. Information about their ongoing transmission projects can be found here: https://www.pge.com/en_US/safety/electrical-safety/safety-initiatives/transmission- project-overview.page
Electrification will be a gradual process. There are checks and balances in place that won't allow for massive electrification without enough energy to supply it. But I urge you to continue to ask this question, especially of our utility providers.

Thank you!
Nicole
Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
C Phone: 510.583.4727 | Email: [email protected] -----Original Message-----
From: Diana Thornton <[email protected]>
Sent: Wednesday, October 25, 2023 11:35 PM
To: HousingElementUpdate <[email protected]> Subject: Question
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

What are you doing NOW to prepare a power grid to handle the increased electric need? We have blackouts now! Diana Thornton
From: Environment
To: dil se
Subject: RE: Climate
Date: Thursday, October 26, 2023 4:52:00 PM
Thank you for your comment Ezna, the Environmental Services Team has it noted.

Thanks,
Nicole
Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
C Phone: 510.583.4727 | Email: [email protected] -----Original Message-----
From: dil se <[email protected]>
Sent: Wednesday, October 25, 2023 10:22 AM
To: Environment <[email protected]>
Subject: Climate
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Please make sure that all the people in south hayward renting apartments. Owners should check their old heaters before winter. For gas leak. Would really appreciate it Thank you city of Hayward doing such a great job.

Ezna khan
Sent from my iPhone
From: Nicole Grucky
To: [email protected]
Subject: RE: NO on mis-guided Climate Agenda
Date: Monday, October 30, 2023 2:51:30 PM
Attachments: image001.png
Jim,

Thank you for providing your comments, our team has noted them.

Best,
Nicole

Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
( Phone: 510.583.4727 | * Email: [email protected]

From: Jim Clark <[email protected]>
Sent: Thursday, October 26, 2023 4:32 PM
To: HousingElementUpdate <[email protected]> Subject: NO on mis-guided Climate Agenda

CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

I am writing to advise that you not implement this anti-consumer cllimate agenda.

Hayward residents and Californians in general are going broke faster every day due to the crazy policies you are coming up with. Your policies cost us money, and this latest one may actually cost lives as the forced reduction in standard of living will necessitate. Forcing homeowners to transition to electric power for everything is horribly mis-guided. Our utility cannot keep up with the new demand for power required by EV’s. Now you want to pile on home heating and cooking? The answer is clear, we don’t think you care at all. Not about us and certainly not about environment.

Please STOP!!

-----------------------
Jim Clark <><
[email protected]
408-781-1425
From: Environment
To: John Ostarello
Subject: RE: Trees
Date: Monday, October 30, 2023 2:47:00 PM
Attachments: Suggested Nurseries by BFL.pdf
Hi John,
I reached out to our landscaping team, and the City is not able to provide a list given that there are so many factors that need to be considered when planting a tree, including soil, shade, etc. Our recommendation is to consult a local nursery to give you the best advice for your specific needs. I've included an attachment of recommended nurseries from ReScape, formerly the Bay Friendly Coalition.

Thanks,
Nicole
Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
C Phone: 510.583.4727 | Email: [email protected] -----Original Message-----
From: John Ostarello <[email protected]>
Sent: Wednesday, October 25, 2023 2:24 PM
To: Environment <[email protected]>
Subject: Trees
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

I see that the plan is suggesting that more trees be planted. I happen to be exploring the purchase of some trees to replace the ones that I have lost in last year’s storms. Consequently, I have encountered a number of problems and have not been able to find suitable answers. eg, What type of tree should I plant that doesn’t use much water, doesn’t get too tall, doesn’t require a lot of maintenance, likes a south facing slope, will hold the earth when extreme rainy weather hits. and doesn’t cost too much. A lot of “experts” toss out the the standard answers that can be found in an abundance of sources. How about some concrete offerings - even to the point of “we recommend these trees…"
From: Environment
To: Kevin Athanacio
Subject: RE: Draft plan input/question - apartment specific Date: Thursday, October 26, 2023 5:04:00 PM
Attachments: image001.png
Thank you for your comments, Kevin. And you are correct, you are the not the first person to voice these concerns.

Currently the City is working with Habitat for Humanity with grant funding to pilot electrification home repairs at no-cost to low-income homeowner occupied properties in Hayward to identify solutions. The City is also working with Local Clean Energy Alliance with grant funding on electrification outreach, especially targeting our Spanish speaking population.

Additionally, one of the actions in the draft CAP is:

BE 3.4 – Conduct feasibility studies to identify commercial and multi-family building decarbonization barriers and develop a commercial and multi-family building decarbonization strategy with analysis supporting future adoption of a commercial and multi-family decarbonization ordinance.

When that CAP action is implemented, the City would conduct further outreach and research on how the City could implement electrification/decarbonization in an equitable way for our multi- family complexes before adopting any required policies.

Thanks,
Nicole

Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
( Phone: 510.583.4727 | * Email: [email protected]

From: Kevin Athanacio <[email protected]>
Sent: Thursday, October 26, 2023 6:23 AM
To: Environment <[email protected]>
Subject: Draft plan input/question - apartment specific

CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Good day –
I will be out of town and not available for the meeting but thank you for the opportunity to ask questions.

Simply as an owner/operator of apartment buildings in the City of Hayward that are older and more reliant on gas (water heaters, wall heaters, ranges, etc.) – what can we do or what assistance might be provided. Just switching to electric is not an option as the electricity provided to the building/units is insufficient (can barely keep up with modern demands) and adding service requires a major overhaul certainly out of the scope of our budgets. I am certain you have heard this raised before & it has been a stall point in other cities.

Thank you for your time – would be great to have some options that make sense.

Kevin Athanacio
650-454-0932
From: Environment
To: Peter Reimer
Subject: RE: Question(s)
Date: Monday, October 30, 2023 11:52:00 AM
Attachments: image001.png
Hi Peter,

Great questions!
Most cities have Climate Action Plans (CAPs) which will usually include an inventory of annual greenhouse gas (GHG) emissions, or they will have a standalone GHG inventory.

These documents are publicly available and are usually on city websites. GHG inventories typically do not measure individual gas emissions like CO2, but combine all greenhouse gasses including carbon, methane, nitrous oxide, and fluorinated gases in Metric Tons of Carbon Dioxide Equivalent (MT CO2e). CO2e is used because different GHGs have different intensities (called warming potentials); in this measurement each gas is converted to be quantified at the intensity of CO2. In our most recent GHG inventory for 2021, Hayward’s GHG emissions totaled 609,918 MT CO2e, a breakdown of emissions by sector and full report can be found here
. Below are a few GHG emission totals I found listed in other cities' Climate Action Plans (a quick Google search of "(city name) climate action plan" did the trick). Totals are greatly dependent on city population, among other factors. Unincorporated areas are not calculated in city GHG inventories because they are under county jurisdiction.

1. According to most recently available inventories that I found through other cities' websites, here’s how other cities in Alameda County stack up:
a. Oakland (2019): 2,627,604 MT CO2e
b. Fremont (2018): 1,242,786 MT CO2e
c. Hayward (2021): 609,918 MT CO2e
d. Pleasanton (2017): 588,553 MT CO2e
e. San Leandro (2017): 573,300 MT CO2e
f. Livermore (2017): 535,566 MT CO2e
g. Berkeley (2022): ~500,000 MT CO2e
h. Albany (2017): 55,485 MT CO2e

2. Here are a few totals from other cities in the Bay Area:
a. SF: 4,600,000 MT CO2e
b. Marin: 380,318 MT CO2e
c. San Jose: 4,957,644 MT CO2e
d. San Mateo: 541,960 MT CO2e

3. I would recommend visiting city websites if you're interested in seeing emissions from a certain region, but here some other CA cities:
a. Salinas (2019): 599,900
b. Oxnard (2018): 876,140
c. Humboldt (2015): 1,446,844 (includes unincorporated areas since this is a county wide CAP, however the county overall population is less than City of Hayward) d. San Diego (2019): 10,532,000 MT CO2e
e. Beverly Hills (2019): 418,271 MT CO2e (for comparison the population of BH is 10,480; Hayward population is 162,950).

I want to emphasize that these numbers do not tell the whole story - the history of individual cities, socioeconomics, affluence, population density, and access to resources can greatly affect cities' GHG emissions. They also do not reflect how much progress has been made in recent years to reduce emissions. Trends show that per capita GHG emissions are much larger in suburbs compared to cities. Please let me know if you have any more questions.

Thank you.

Nicole

Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
( Phone: 510.583.4727 | * Email: [email protected]

From: Peter Reimer <[email protected]>
Sent: Wednesday, October 25, 2023 10:33 AM
To: Environment <[email protected]>; Peter Reimer <[email protected]> Subject: Question(s)

CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

How does Hayward's production of carbon dioxide and other greenhouse gasses compare with that of other 1) Alameda Co. cities

and un-incorporated areas? 2) Bay Area Counties, 3) expanding further outward from the Bay Area?

Peter D. Reimer
Hayward
From: Environment
To: "Richard Reavis"
Subject: RE: Climate action program workshop
Date: Thursday, October 26, 2023 5:13:00 PM
Attachments: image001.png
Hi Richard,

Thank you for providing your comments, our team has noted them.

Best,
Nicole

Nicole Grucky | Senior Sustainability Specialist
Public Works & Utilities Department
City of Hayward | 777 B Street | Hayward, CA 94541
( Phone: 510.583.4727 | * Email: [email protected]

From: Richard Reavis <[email protected]>
Sent: Thursday, October 26, 2023 1:52 PM
To: Environment <[email protected]>
Subject: Climate action program workshop

CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

No changes are needed besides living within our budget. Air is already clean. Water is already clean. CO2 is not a pollutant and barely a greeenhouse gas; others are far more contributory. If you feel otherwise, see how long you can go without emitting. Air is only DIRTY when we have an outside influence such as wildfire smoke. Tell Sacramento/CARB/enviro-wackos to pound sand.

From: Erik Pearson
To: s.nevalalee
Cc: Environment
Subject: RE: Draft climate action plan
Date: Monday, October 30, 2023 11:53:37 AM
Attachments: image001.png
Hi Sandra,

The draft Climate Action Plan does not address a potential ban on the installation of artificial turf.

This is not something that came up while we were preparing the draft over the last couple years.

This is, however, something we can mention to the City Council Sustainability Committee at their meeting on November 13. At this meeting, we will provide the Committee with a summary of the comments we have received on the draft CAP.

Thank you.

Erik Pearson, AICP
Environmental Services Manager
Public Works & Utilities Department
City of Hayward | 777 B Street, Hayward, CA 94541

(: (510) 583-4770 | Email: [email protected]

From: s.nevalalee <[email protected]>
Sent: Monday, October 30, 2023 9:08 AM
To: Environment <[email protected]>; Erik Pearson <[email protected]> Subject: Draft climate action plan

CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Good morning Erik and team,
I am unable to attend the public workshop tonight. I would like to submit a comment regarding Senate Bill 676.

Governor Gavin Newsom signed Senate Bill 676
, October 8, that allows local municipalities to
ban residents from installing fake grass as drought-tolerant landscape – it has to be real plants.

Will the City of Hayward be supporting the ban of installing fake grass within the scope of the new climate action plan?
With Kind regards,
Sandra Nevala-Lee
510-502-0992
greenthumbworks.net
Eden Garden Club
100K Trees for Humanity/100K Trees Hayward
From: Bill Crader
To: Environment
Subject: Climate Action Plan Question
Date: Wednesday, October 25, 2023 12:09:51 PM
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Attn: Project team,

Hayward’s Climate Action Plan to reduce carbon emissions by 55% by the year 2030 seems to conflict with the Planning Division’s objective for increasing the size of our population by seeking of new residential developments throughout the city of Hayward.

How is it possible to expect reductions in carbon emissions, water, and electricity usage to take place if we’re promoting new residential developments that will increase our population?

Regards,

Bill Crader

From: Hong, Miki
To: Leigha Schmidt
Cc: Hazen, Katherine
Subject: Comment on the Draft EJ Element.

Date: Sunday, November 12, 2023 5:23:09 PM
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Dear Leigha Schmidt,

My name is Miki Hong and I am an assistant adjunct professor at Mills College at Northeastern University in Oakland, California. I have been in the field of public health for 22 years. My research currently examines strategies for communities to solve systemic problems related to both public health and urbanism. I am investigating tobacco control recommendations in general plans.

I support the adoption of smoke-free multi-unit housing language in the City of Hayward’s general plan.

Research shows that smoke-free policies in the home reduce second-hand and thirdhand exposure for all residents, also enables cessation for current smokers, and can help prevent relapse in former smokers (American Heart Association, 2021).

There is much inequity with multi-unit housing as place-based limits are less common among smoking families with older children, in households located in predominantly Black and Hispanic neighborhoods, and in households in states where there is a higher smoking prevalence (American Heart Association, 2021). I support the following language for inclusion in the Environmental Justice Element:

Adopt an Ordinance related to smoke free multifamily housing and track implementation and monitor community health outcomes. Partner with Alameda County Health Department, community-based organizations and academic researchers and others to evaluate local tobacco control and identify trends in population health in response to smoke-free multi-family ordinance passage.

Funded by grants I will receive, my research team proposes to provide evaluation consultation and planning to your community to track important health metrics over time after adoption of the general plan to assess public health. These efforts at Northeastern University could involve designing and conducting the evaluation to track implementation and technical assistance in analyzing and reporting data.

I encourage adoption of this proposed language, and our Northeastern University research team looks forward to working with other Hayward organizations to help promote the city’s health.

Sincerely,
Miki Hong
Mi-Kyung (Miki) Hong M.P.H., M.H.S.A (she/her/hers)
Assistant Adjunct Professor of Public Health and Health Equity NSB 122 | Mills at Northeastern 5000 MacArthur Blvd Oakland, CA 94613 | 415.505.6734 Public Comments Q - AG

Hayward Draft Climate Action Plan Public Meeting
October 30, 2023 at 6:30pm (via Zoom)
Public Comments
Q: As we move forward with the Plan the Council has made regarding the micro-transportation elements, is there consideration for public bike locking areas. Often times, places like shopping centers, there are no safe places to lock bikes.
o City Staff response – The City is implementing the Bike and Pedestrian Master Plan and is pursuing grant funding specifically for this.

R: Russel City Energy Center and if NG emissions are associated with this CAP and inventory analysis. o City Staff response - The emission factor is accounted for the inventory, but Cap and Trade regulates the power plant specifically.

S: How and where will the streets be getting new trees? o City Staff response – City staff has a list of trees that they generally choose from and the City is revisiting in an upcoming Urban Forest Master Plan.

T: She didn’t see anything in the Plan to address gentrification. Is this being considered as part of the Climate Action Plan?
o City Staff response - On electrification measures, an equity lens was applied to make sure there will not be displacement. An equity guardrails analysis was developed as part of the CAP. The Housing Element was focusing on addressing gentrification so you can look at that too.

U: Is there a plan to clean up local creeks?
o City Staff response - There are actions in the CAP around green infrastructure, which will help filter stormwater. The City is working to comply with the regional water board.

They are installing filtration devices in the City to try to keep the creeks clean V: I was wondering how closely you have been working with Cal State East Bay and Cabot in crafting this CAP? There are clearly going to be synergies between East Bay and Chabot’s own CAP and responsibilities under state law - how are these reflected in the City of Hayward planning? o City Staff response – The City has been working directly with Chabot and CSU East Bay, to do interviews and get feedback on the EJ and CAP policies. Chabot did interviews as part of the Housing Element and part of the CAP. City staff participates in CSU East Bay Sustainability team meetings and meets with them regularly to coordinate initiatives.

W: How can the City of Hayward address climate change when it continues to develop and participate in extraction activities? The City is developing so that mature trees get taken out. The City is interfering with the natural world through building infrastructure and energy. o City Staff response -There is a balance that the City needs to strike between accommodating new population growth and not developing. By increasing development in Hayward, we are reducing development in other sensitive areas. The Housing Element and State require development and a certain amount of housing units every year. The City is focusing on going with the cleanest options they can find.

X: Is there any outreach plan to get the CAP out?
o City Staff response - City is focused right now on official meetings with City council and they have conducted outreach as part of the project and will continue through implementation. The City is interested in making presentations or making more flyers.

They are looking to the community to figure out how to get more involved.

Y: Carbon sequestration – the nature-based solution market, you can get into a contract where you can buy credits on a 40-year lease. Is there a performance factor or model that is included in the calculations?
o City Staff response - City is focusing on tree planting and applying compost. The City is not involved in the carbon offset markets right now. 20-year life span for the trees calcs assume that with new trees, that the existing trees will be maintained.

Z: Does the CAP address GHG emissions associated with the airport. It is a problem with the fumes surrounding the airport. These surrounding neighborhoods are typically BIPOC (EJ issues). o City Staff -The City has talked recently with airport staff and fuels are getting cleaner.

Every time City gets a cleaner fuel it is a slow process. The City will address this as they can over time.

AA: Is there intent to make adjustments to the Hayward Loop to make it a safer path to travel using micro mobility (ebikes, scooters, etc.)?
o City Staff response - City found out that it was awarded a grant to make safety updates to the circulation system. They will be looking to implement safety improvements and the re-evaluation of the loop is part of this grant.

AB: This isn't related to GHG emissions, but are there any plans to make the city more drought-resilient? And are there preparations being made for extreme rainfall and flooding? o City Staff response - On drought resilience, Hayward has been partnering with EBMUD to have a sustainable source of groundwater, which is primarily used in emergency situations. The City has a water metering program to promote water conservation.

Hayward has a portal where residents can track the use of water, but Hayward already has a very low per capita rate. Policies and programs in the Hazards element address extreme precipitation and flooding concerns for new and existing development.

AC: A number of residents are replacing their lawns with synthetic turf. How will this material be 'recycled' when it eventually breaks down? Since trees help sequester carbon, why don't we increase tree planting exponentially? If the city wants to make our streets more pedestrian friendly, replacing missing street trees immediately would help since they shade paths and cause drivers to reduce their speed, which will make walking more enjoyable.
o City Staff response - City encourages native planting over synthetic turf and the City is aggressive with tree planting. They are working with City maintenance team to maintain trees. The City will look to include a reference to synthetic turf in the CAP. This can be included in the CAP as it is brought to governing bodies. The City has received funding to implement urban forest strategies and an Urban Forest Master Plan.

AD: He heard restoration at the shoreline is going to billions of dollars, can the City get grant funding? What is the plan for funding this?
o City Staff response - The City has adopted a shoreline adaptation master plan. It is estimated to be about a billion dollars. The City has 4-5 projects underway that have grant funding. They are pursuing additional grant funding, but it is a big undertaking.

AE: There are very few areas in Hayward you can map trees going back far. Will Hayward declare areas as sanctuary areas to preserve old trees.
o City Staff response - City did receive grant funding to inventory trees on public properties. This should help inform best management practices AF: Is there a plan to increase the reliability of the power grid in tandem with the increase in our reliance on it, in light of the recent rolling power outages?
o City Staff response - Yes, the City is addressing this with building energy measures in the CAP. The Hazards Element addresses resilience concerns and power outages as well.

AG: New trees should be planted near the airport.
o City Staff response - City is working with a consultant to update the tree preservation ordinance and develop guidelines for landscaping around the airport. City staff will put her in touch with those on the City working on these related projects.

California Environmental Quality Act Greenhouse
Gas Emissions Thresholds and Guidance
Final Report
prepared by
City of Hayward
Development Services Department
777 B Street
Hayward, California 94541
prepared with assistance from
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
October 5, 2023

ATTACHMENT V
Table of Contents

Final Report i
Table of Contents
1 Introduction .................................................................................................................................... 1

1.1 GHG Emissions Analyses Under CEQA ................................................................................ 1

1.2 Qualified GHG Emissions Reduction Plan ........................................................................... 3 2 Climate Action Plan Summary ........................................................................................................ 6

2.1 Communitywide GHG Emissions Inventories ..................................................................... 6

2.2 GHG Emission Reduction Strategy ...................................................................................... 7

2.3 GHG Emissions Forecast...................................................................................................... 8 3 Regulatory and Legal Setting ........................................................................................................12

3.1 Relevant CEQA Guidelines Sections ..................................................................................12

3.2 Relevant State and Regional GHG Reduction Targets ......................................................16

3.3 Relevant GHG Emissions Analysis Case Law .....................................................................18 4 Determining Consistency with the CAP ........................................................................................21 5 Utilizing Quantitative CEQA GHG Thresholds ...............................................................................24

5.1 Thresholds Calculation Methodology ...............................................................................24

5.2 Thresholds and Use ...........................................................................................................26

5.3 Justification for Thresholds ...............................................................................................28 6 Quantifying GHG Emissions ..........................................................................................................31

6.1 Construction GHG Emissions ............................................................................................31

6.2 Operational GHG Emissions ..............................................................................................32

6.3 Modeling GHG Emissions from Existing Land Use ............................................................34 7 Moving into the Future .................................................................................................................36 Tables
Table 1 CAP Consistency with CEQA Guidelines Section 15183.5(b)(1) for 2030 ........................... 4 Table 2 Hayward 1990, 2005, and 2019 Communitywide GHG Emissions Levels ........................... 6 Table 3 Hayward GHG Emissions Reduction by 2030 ...................................................................... 8 Table 4 Hayward GHG Emissions Forecast Through 2045 .............................................................10 Table 5 Hayward Demographic Projections ..................................................................................26 Table 6 Hayward 2030 CAP-Adjusted Emissions and Communitywide GHG Thresholds ..............26 Table 7 Hayward Locally Applicable Plan/Project CEQA GHG Emissions Thresholds ....................27 City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

ii
Figures
Figure 1 Hayward 2030 and 2045 GHG Emissions Targets .........................................................2 Figure 2 Hayward Total GHG Emissions Forecast, 2019 to 2045 ................................................9 Figure 3 Hayward Per Capita GHG Emissions Forecast, 2019 to 2045 .......................................9 Figure 4 Determining Consistency with the Hayward CAP ...................................................... 21 Figure 5 Allowable GHG Emissions from Existing and New Development in 2030 ................. 25 Figure 6 Hayward GHG Efficiency Thresholds .......................................................................... 27 Appendices
Appendix A Overview of GHG Emissions and Climate Change Appendix B CEQA GHG Threshold Calculations
Appendix C US Green Building Council Building Area per Employee by Business Type Rates

Introduction

Final Report 1
1 Introduction

1.1 GHG Emissions Analyses Under CEQA
The California Environmental Quality Act (CEQA) requires discretionary plans and projects to undergo an environmental review process, which includes an evaluation of plan- or project-related contribution of greenhouse gas (GHG) emissions.1 Section 15183.5 of the CEQA Guidelines establishes a framework for developing a qualified2 Greenhouse Gas Reduction Plan to cumulatively reduce GHG emissions and allow lead agencies to analyze and mitigate the effects of plan- and project-level GHG emissions. This GHG Thresholds and Guidance Document is intended to provide methodological guidance and quantitative thresholds of significance for use by City planners, applicants, consultants, agencies, and members of the public in the preparation of GHG emissions analyses under CEQA for plans and projects located within Hayward.

The City of Hayward (City) prepared a CEQA Guidelines Section 15183.5-consistent Climate Action Plan (CAP) Update anticipated to be adopted January 9, 2024 with the goal of achieving a 46 percent reduction in per capita GHG emissions compared to 1990 levels by 2030 and carbon neutrality by 2045.3 While the City Council, City staff, and community will continue to develop an approach to the longer-term goal of carbon neutrality, the CAP includes specific actions to achieve the shorter-term communitywide emissions reduction target of 46 percent below 1990 per capita emissions (or 3.11 metric tons of carbon dioxide equivalents [MT of CO2e]4 per person) by 2030. This is consistent with California’s goal of reducing GHG emissions to 40 percent below 1990 levels by 2030 (consistent with California Senate Bill [SB] 32). The City has also adopted a goal to achieve carbon neutrality by 2045, consistent with California Assembly Bill (AB) 1279. Therefore, implementation of the Hayward CAP measures and actions would result in GHG emissions reduction in both total and per capita emissions within Hayward in a manner that meets the State 2030 goal. See Figure 1 for a representation and comparison of the Hayward and State GHG emissions reduction targets.

1 Refer to Appendix A for an overview of GHG emissions and climate change. 2 To be a qualified CAP, a CAP must meet the requirements of CEQA Guidelines Section 15183.5, as further discussed in Section 1.2. 3 Carbon neutrality is defined as net zero carbon emissions, which is achieved either by balancing carbon emissions with carbon removal or by completely eliminating carbon emissions.
4 Different types of GHGs have varying global warming potentials (GWPs). The GWP of a GHG is the potential of a gas or aerosol to trap heat in the atmosphere over a specified timescale (generally, 100 years). Because GHGs absorb different amounts of heat, a common reference gas, CO2, is used to relate the amount of heat absorbed to the amount of the gas emissions, referred to as carbon dioxide equivalent (CO2e), and is the amount of a GHG emitted multiplied by its GWP. Carbon dioxide has a 100-year GWP of one. By contrast, methane has a GWP of 25, meaning its global warming effect is 25 times greater than CO2 on a molecule per molecule basis (Intergovernmental Panel on Climate Change 2007).

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

2 Figure 1 Hayward 2030 and 2045 GHG Emissions Targets

Hayward’s 2030 GHG emissions target was developed to provide substantial progress towards Hayward’s longer-term carbon neutrality target and contribute substantial progress toward meeting the State GHG reduction goals identified in SB 32 and AB 1279. Consistent with this process, the Hayward CAP includes procedures to evaluate Hayward’s emissions in light of the trajectory of the CAP’s targets to assess its “substantial progress” toward achieving long-term reduction targets identified in the CAP and State legislation and Executive Orders. The CAP also includes commitments and mechanisms to achieve further GHG emissions reduction necessary to avoid interference with, and make substantial progress toward, long-term City and State goals. This approach is important, because these targets have been set at levels that achieve California’s fair share of international emissions reduction targets that will stabilize global climate change effects and avoid the adverse environmental consequences of climate change.

To support progress toward Hayward’s longer-term carbon neutrality goal, plans and projects within Hayward that undergo CEQA review will need to demonstrate consistency with targets in the CAP, which is a Qualified GHG Emissions Reduction Plan (consistent with CEQA Guidelines Section 15183.5) upon adoption of its CEQA review document, specifically the CAP Initial Study-Negative Declaration (IS-ND), and approval of the CAP by City Council. Chapter 2, Climate Action Plan Summary, provides an overview of the CAP and the associated GHG emissions inventories, reduction strategies, and forecasts included therein. In addition, Chapter 3, Regulatory and Legal Setting, offers an overview of relevant regulations and case law pertaining to the analysis of GHG emissions consistent with CEQA and the CEQA Guidelines.

Plans and projects that are consistent with the CAP demographic (i.e., residents and employees) projections and land use assumptions, which are Association of Bay Area Governments (ABAG) Plan

Introduction

Final Report 3
Bay Area 2040 (PBA 2040) projections and in alignment with the Hayward 2040 General Plan, will be able to tier from the adopted CAP IS-ND pursuant to CEQA Guidelines Section 15183.5. To streamline this CEQA GHG emissions analysis process, the City has a CEQA GHG Emissions Analysis Compliance Checklist that can be utilized in plan- and project-level CEQA review documents to ensure that such proposed plans and projects are consistent with the CAP GHG emissions reduction strategy. Chapter 4, Determining Consistency with , includes guidance on how to navigate this consistency determination process.

For plans or projects that exceed the CAP’s demographic projections and land use assumptions, a different methodology and assessment utilizing quantitative thresholds of significance would be necessary to evaluate GHG emissions impacts. Chapter 5, Utilizing Quantitative CEQA GHG Thresholds, includes guidance on how to utilize the quantitative thresholds that were developed for purposes of evaluating the level of significance of GHG emissions impacts.5 Furthermore, Chapter 6, Quantifying GHG Emissions, provides direction regarding how to quantify a plan or project’s GHG emissions for comparison to the applicable threshold of significance.

The CAP acknowledges that additional actions beyond those identified in the plan will be required to achieve its long-term goal of carbon neutrality by 2045. As a result, the plan provides a mechanism for monitoring CAP progress, providing City Council with an annual update on progress, conducting regular GHG emission inventories at minimum every three years, and preparing a new CAP by 2030 (with opportunities to adjust as needed based on CAP progress) in order to incorporate new strategies and technologies that will further move the City toward meeting its longer-term carbon neutrality target. Chapter 7, Moving into the Future, offers further explanation of how CEQA review of plans and projects could be affected by future updates and/or iterations of the Hayward CAP.

1.2 Qualified GHG Emissions Reduction Plan
According to CEQA Guidelines Section 15183.5, project-specific environmental documents can tier from, or incorporate by reference, the existing programmatic review in a qualified GHG emissions reduction plan, which allows for project-level evaluation of GHG emissions through the comparison of the project’s consistency with the GHG emissions reduction strategy included in the qualified GHG emissions reduction plan. To meet the requirements of CEQA Guidelines Section 15183.5, a qualified GHG emissions reduction plan must include the requirements shown in Table 1.

5 In compliance with CEQA Guidelines Section 15064.7(b), this guidance document and the quantitative thresholds contained herein will be presented to the City Council for formal adoption via resolution, which includes a public input opportunity.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

4 Table 1 CAP Consistency with CEQA Guidelines Section 15183.5(b)(1) for 2030 CEQA Guidelines Section
15183.5(b)(1) Requirement1 Climate Action Plan Consistency

1. Quantify GHG emissions, both
existing and projected over a
specified time period, resulting
from activities within a defined
geographic area.

Consistent. The CAP includes a communitywide GHG emissions inventories for years 2005, 2010, 2015, 2017, 2018, and 2019 and forecasts GHG emissions for years 2025, 2030, 2035, 2040 and 2045.

2. Establish a level, based on
substantial evidence, below which
the contribution to GHG emissions
from activities covered by the plan
would not be cumulatively
considerable.

Consistent. A key aspect of a qualified GHG emissions reduction plan is substantial evidence that the identified GHG emissions reduction target establishes a threshold where GHG emissions are not cumulatively considerable. The AEP (2016) Beyond Newhall and 2020 white paper identifies this threshold as being a local target that aligns with the State legislative targets. The CAP establishes a long-term aspirational goal of carbon neutrality by 2045, and as discussed in Section 2.3, GHG Emissions Forecast, implementation of the plan will achieve a 46 percent reduction in per capita emissions compared to 1990 emissions levels by 2030. Therefore, this local target is more stringent than the State targets of a 40 percent emission reduction in 1990 levels by 2030.

3. Identify and analyze the GHG
emissions resulting from specific
actions or categories of actions
anticipated within the geographic
area.

Consistent. The CAP breaks down its inventories and forecasts into sectors including transportation (passenger, non-passenger, off-road equipment, transit, etc.), residential energy (electricity and natural gas), non-residential energy (electricity and natural gas), water and wastewater, and solid waste.

4. Specify measures or a group of
measures, including performance
standards, that substantial
evidence demonstrates, if
implemented on a project-by-
project basis, would collectively
achieve the specified emissions
level.

Consistent. The CAP specifies measures and actions that the City will enact and implement between 2023 and 2030 to meet its 2030 GHG emissions target. As discussed in Section 2.3, GHG Emissions Forecast, implementation of the plan will achieve a 46 percent reduction in 1990 emissions levels per capita by 2030, which is more stringent than the State target of a 40 percent emission reduction in 1990 levels by 2030 and demonstrates substantial progress by 2030 toward achieving the City’s longer-term goal of carbon neutrality by 2045.

5. Establish a mechanism to monitor
the plan’s progress toward
achieving the level and to require
amendment if the plan is not
achieving specified levels.

Consistent. Section 4, Implementation, of the CAP includes a process to complete community GHG emissions inventories every three years, with the first inventory to be completed for calendar year 2023. The inventories will allow the City to measure progress towards meeting the CAP goals. If an inventory indicates that the City is not on track to meet the CAP GHG emissions goals, additional measures may be required at that time to increase emissions reduction strategies and maintain the CAP status as a CEQA qualified GHG emissions reduction plan.

6. Be adopted in a public process
following environmental review.

Consistent. The City prepared an IS-ND for the CAP that was circulated for public review and comment and adopted prior to approval of the CAP and CEQA GHG Emissions Thresholds and Guidance by City Council.

Source: Compiled by Rincon in 2023
Table 1 summarizes the consistency of the CAP with these requirements for year 2030 (the next State milestone target year for GHG emissions reduction). As shown in Table 1, upon adoption of the IS-ND and approval of the plan by City Council, the Hayward CAP will meet the requirements of a qualified GHG emission reduction plan per CEQA Guidelines Section 15183.5(b)(1) for projects with buildout years through 2030.

Development projects can demonstrate consistency with a qualified GHG emissions reduction plan if they are consistent with the plan’s assumptions regarding future growth projections and consistent Introduction

Final Report 5
with the plan’s GHG emissions reduction strategies.6 Projects consistent with the qualified GHG reduction plan, including conformance with performance strategies applicable to the project, would not require additional GHG emissions analysis or mitigation under CEQA Guidelines Sections 15064(h) and 1513.5(b)(2). The City has developed the CEQA GHG Emissions Analysis Compliance Checklist to assist with determining project consistency with the CAP. The checklist is intended to provide individual projects the opportunity to demonstrate that they are minimizing GHG emissions while ensuring new development achieves its proportion of emissions reduction consistent with the assumptions of the CAP. Project consistency with a GHG emissions reduction plan can also be demonstrated through a quantitative analysis that demonstrates the project will not impede (or will facilitate) the City’s ability to meet its GHG emissions reduction targets.

6 CAPs typically utilize growth projections from the local jurisdiction’s General Plan or applicable Metropolitan Planning Organization’s regional demographic forecast.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

6 2 Climate Action Plan Summary
The following sections provide an overview of the Hayward CAP, including the 2019 communitywide GHG emissions inventory, the communitywide GHG emissions forecast, and the proposed GHG emission reduction strategy.

2.1 Communitywide GHG Emissions Inventories
The City has completed a communitywide GHG emissions inventory for the years 2005, 2010, 2015, 2017, 2018, and most recently 2019. Hayward’s targets have been set based on the 2005 baseline inventory. The 2005 and most recent 2019 inventory are summarized in Table 2. Table 2 also provides estimated 1990 emissions levels, as back-casted from 2005 emission levels. As shown therein, absolute communitywide GHG emissions declined by approximately 30 percent between 2005 and 2019, exceeding the City’s target of reducing emissions by approximately 15 percent below baseline 2005 levels by 2020 (equivalent to the State’s target of reducing emissions to 1990 levels under Assembly Bill 32).7 The most notable changes occurred in the energy sector driven primarily by increasing percent of consumers using carbon-free electricity from East Bay Community Energy rather than PG&E and from decarbonization of the PG&E electricity fuel mix.8 Table 2 Hayward 1990, 2005, and 2019 Communitywide GHG Emissions Levels Sector
1990 1
(MT of CO2e)
2005
(MT of CO2e)
2019
(MT of CO2e)
Percent Change
from 2005 to 2019
On-road Transportation N/A 520,768 417,862 -20%
Off-road Transportation N/A 14,889 24,287 63%
Public Transit2 N/A 8,548 4,855 -43%
Building Energy N/A 375,531 189,116 -50%
Water & Wastewater N/A 2,585 2,088 -19%
Solid Waste N/A 50,924 46,187 -9%
Mass Emissions 827,257 973,244 684,395 -30%
Emissions per Capita 5.9 6.9 4.3 -38%
MT = metric tons; CO2e = carbon dioxide equivalents
Note: Numbers are rounded to the nearest ten.
1 1990 GHG emissions were estimated by back-casting Hayward’s total 2005 GHG emissions based on the change in the State’s GHG emissions between 2005 and 1990. 1990 GHG emissions were not estimated at the individual sector level. 2 Public transit encompasses emissions from BART and AC Transit.

Source: Hayward, City of. 2022. Hayward 2005 Community GHG Inventory.

7 California Air Resources Board. 2008. Climate Change Scoping Plan. 8 Hayward, City of. 2022. Hayward 2019 Community Greenhouse Gas Emissions Inventory.

Climate Action Plan Summary

Final Report 7

2.2 GHG Emission Reduction Strategy
To achieve Hayward’s long-term aspirational goal of carbon neutrality by 2045, the Hayward CAP includes a series of measures and actions that are intended to reduce communitywide GHG emissions by approximately 46 percent below 1990 levels by 2030. This provides substantial progress toward meeting the City’s longer-term carbon neutrality goal while also meeting the State’s 2030 target. The CAP acknowledges that additional actions beyond those identified in the plan will be necessary to achieve the long-term aspirational goal of carbon neutrality and therefore, provides a mechanism for tracking performance over time, reporting annual progress to the City Council, conducting inventory updates at minimum every three years, and adopting a new CAP by 2030 (with the ability to adjust as needed based on progress), in order to incorporate new strategies and technologies that will further the City toward meeting its long-term aspirational goal of carbon neutrality.

As part of the CAP process, the City has developed a set of measures reducing communitywide GHG emissions in all sectors to achieve the City’s climate action targets. Each measure is supported by a set of actions that provide a measurable GHG emissions reduction that is supported by substantial evidence. The City has also developed measures and supportive actions for offsetting GHG emissions through carbon sequestration. Measures and actions are organized according to the following hierarchy:

1. Sectors: Sectors define the GHG emissions category in which the GHG emissions reduction will take place and include Building Energy, Transportation, Water, Waste, and Carbon Sequestration.

2. Measures: Measures identify specific goals (i.e., activity data targets by 2030 and 2045) to address GHG emissions in each sector. A single measure generally addresses a subsector; for example, three strategies may be established under the Transportation sector to address active transportation, shared/public transportation, and single-passenger vehicles.

3. Actions: Actions identify the programs, policies, funding pathways, and other specific commitments that the City will implement. Each strategy contains a suite of actions, which together have been designed to accomplish the measure goal.

Table 3 summarizes the GHG emissions reduction that are anticipated to be achieved by 2030 by the identified measures in the CAP, in addition to State laws and programs. As shown therein, implementation of State laws and programs as well as the CAP measures would reduce 2030 communitywide emissions to approximately approximately 46 percent below 1990 per capita levels.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

8 Table 3 Hayward GHG Emissions Reduction by 2030
Source
Absolute Annual
Emissions Reductions
(MT of CO2e)
Per capita Annual
Emissions Reductions
(MT of CO2e/per capita)
1990 Baseline Emissions1 827,257 5.89
Business-as-Usual 2030 Emissions2 748,520 4.47
State Laws/Programs (106,034) (0.63)
Buildings & Energy Strategies (44,732) (0.27)
Transportation Strategies (37,558) (0.22)
Waste Diversion Strategies (35,924) (0.21)
Water & Wastewater Strategies (35) (<0.01)
Natural Systems Strategies (3,293) (0.02)
Total Emissions Reduction (from BAU) (227,577) (1.36)
Remaining 2030 Emissions 520,943 3.11
Percent Reduction below 1990 Levels3 N/A 46%
( ) denotes a negative number; numbers in table may not add to the total exactly due to rounding.

MT = metric tons; CO2e = carbon dioxide equivalents
1 See Table 2.
2 See Figure 2 and Figure 3.
3 Targets are based on per capita levels.

Source: City of Hayward Draft Climate Action Plan Update and GHG Emissions Reduction Measure Quantification and Evidence Appendix

2.3 GHG Emissions Forecast
Figure 2, Figure 3, and Table 4 summarize the communitywide GHG emissions forecast under three scenarios: 1) business-as-usual, 2) implementation of State laws and programs, 3) implementation of State laws and programs and the CAP measures and actions.

As shown therein, under the business-as-usual scenario, communitywide GHG emissions are forecasted to increase by approximately 15 percent between 2019 and 2045 based on economic and population growth. However, with implementation of State laws and programs, communitywide GHG emissions would decline by approximately 9 percent between 2019 and 2045.

Furthermore, full implementation of the CAP alongside State laws and programs would reduce per capita communitywide GHG emissions by approximately 46 percent below 1990 per capita levels by 2030 and by approximately 81 percent below 1990 levels by 2045.9

9 This represents significant progress towards the City’s long-term goal of carbon neutrality by 2045. The City will rely on new measures in the form of regular CAPs, new state legislation and new technological advances to achieve this target.

Climate Action Plan Summary

Final Report 9
Figure 2 Hayward Total GHG Emissions Forecast, 2019 to 2045

Figure 3 Hayward Per Capita GHG Emissions Forecast, 2019 to 2045

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

10 Table 4 Hayward GHG Emissions Forecast Through 2045
Sector
2019
(MT of
CO2e/person)
2019
(MT of CO2e)
2030
(MT of
CO2e/person)
2030
(MT of CO2e)
2045
(MT of
CO2e/person)
2045
(MT of CO2e)
Business-as-Usual GHG Emissions
Transportation 2.79 447,004 2.97 496,828 2.89 533,270
Electricity 0.08 12,467 0.08 13,258 0.08 14,235
Natural Gas 1.10 176,649 1.13 188,353 1.10 202,243
Water & Wastewater 0.01 2,088 0.01 2,183 0.01 2,403
Solid Waste 0.29 46,187 0.29 47,899 0.28 52,334
Total 4.27 684,395 4.47 748,520 4.36 804,484
GHG Emissions After Implementation of State Laws/Programs1 Transportation 2.79 447,004 2.38 397,797 1.98 364,861 Electricity 0.08 12,467 0.04 7,134 0.00 0.00
Natural Gas 1.10 176,649 1.12 187,641 1.09 200,981
Water & Wastewater 0.01 2,088 0.01 2,015 0.01 1,959
Solid Waste 0.29 46,187 0.29 47,899 0.28 52,334
Total 4.27 684,395 3.84 642,486 3.36 620,134
GHG Emissions After Implementation of State Laws/Programs and Hayward CAP Transportation 2.79 447,004 2.15 360,239 0.99 182,293 Electricity 0.08 12,467 0.01 2,331 0.00 0.00
Natural Gas 1.10 176,649 0.88 147,711 0.00 0.00
Water & Wastewater 0.01 2,088 0.01 1,980 0.01 1,959 Solid Waste 0.29 46,187 0.07 11,975 0.03 5,233
Carbon Sequestration NA1 NA1 (0.02) (3,293) (0.02) (4,136) Total 4.27 684,395 3.11 520,943 1.01 185,350
( ) denotes a negative number
1 The 2019 Hayward GHG Inventory and Forecasts do not include carbon sequestration; however, the CAP has quantitative measures to increase carbon sequestration.

MT = metric tons; CO2e = carbon dioxide equivalents
State laws and programs include State vehicle fuel efficiency standards, the Renewable Portfolio Standard, and triennial updates of Title 24.

Source: Hayward, City of. 2022.Hayward Forecasts through 2045.

At this time, the State has codified a target of reducing emissions to 40 percent below 1990 emissions levels by 2030 SB 32) and has developed the 2022 Climate Change Scoping Plan to demonstrate how the State will achieve the 2030 target and make substantial progress toward the 2045 goal of carbon neutrality established by AB 1279.

While State and regional regulations related to energy and transportation systems, along with the State’s Cap and Trade program, are designed to be set at limits to achieve most of the GHG emissions reduction needed to achieve the State’s long-term targets, local governments can do their fair share toward meeting the State’s targets by siting and approving projects that accommodate planned population growth and projects that are GHG-efficient. The Association of Environmental Professional (AEP) Climate Change Committee recommends that CEQA GHG analyses evaluate project emissions in light of the trajectory of State climate change legislation and assess their Climate Action Plan Summary

Final Report 11
“substantial progress” toward achieving long-term reduction targets identified in available plans and legislation.

The City has adopted a longer-term goal of achieving carbon neutrality by 2045 and has proposed the CAP as a pathway to make progress toward this goal. Implementation of the CAP would achieve an approximately 46 percent reduction in per capita communitywide GHG emissions below 1990 levels (3.11 MT of CO2e per person) by 203010 and an approximately 81 percent reduction in per capita communitywide GHG emissions below 1990 levels by 2045. Therefore, the City’s longer-term target of carbon neutrality and the associated CAP establish a trajectory that provides GHG emissions reductions equal to or greater than those required by SB 32 for 2030. Because SB 32 is considered an interim target toward meeting the State’s long-term goals, implementation of the Hayward CAP would make substantial progress toward meeting the State’s long-term goal. Avoiding interference with, and making substantial progress toward, these long-term State targets is important because these targets have been set at levels that achieve California’s fair share of international emissions reduction targets that will stabilize global climate change effects and avoid the adverse environmental consequences described in Appendix A (AB 1279).

10 (5.89 MT of CO2e per capita – 3.11 MT of CO2e per capita) / 5.89 MT of CO2e per capita = 46 percent reduction City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

12 3 Regulatory and Legal Setting
The following regulations, executive orders, and case law pertain to the analysis of GHG emissions consistent with CEQA and the CEQA Guidelines.

3.1 Relevant CEQA Guidelines Sections
Pursuant to the requirements of SB 97, the California Natural Resources Agency has adopted amendments to the CEQA Guidelines for the feasible mitigation of GHG emissions or the effects of GHG emissions. The adopted CEQA Guidelines provide general regulatory guidance on the analysis and mitigation of GHG emissions in CEQA documents, while giving lead agencies the discretion to set quantitative or qualitative thresholds for the assessment and mitigation of GHG emissions and climate change impacts.

Based on Appendix G of the CEQA Guidelines, impacts related to GHG emissions generated by a proposed plan/project would be significant if the plan/project would:
 Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment; and/or
 Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs.

The vast majority of individual projects do not generate sufficient GHG emissions to directly influence climate change. However, physical changes caused by a plan/project can contribute incrementally to cumulative effects that are significant, even if individual changes resulting from a plan/project are limited. As discussed in Appendix A, the adverse environmental impacts of cumulative GHG emissions, including sea level rise, increased average temperatures, more drought years, and more large forest fires, are already occurring. As a result, cumulative impacts related to GHG emissions and climate change are significant. Therefore, per CEQA Guidelines Section 15064.4(b), the analysis of GHG emissions under CEQA typically involves an analysis of whether a plan or project’s contribution towards an impact would be cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects (CEQA Guidelines Section 15064[h][1]).

The following sections of the CEQA Guidelines pertain to the creation of significance thresholds and the analysis of a plan/project’s GHG emissions.

CEQA Guidelines Section 15064(b)
The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting. For example, an activity which may not be significant in an urban area may be significant in a rural area.

Thresholds of significance, as defined in Section 15064.7(a), may assist lead agencies in determining whether a project may cause a significant impact. When using a threshold, the Regulatory and Legal Setting

Final Report 13
lead agency should briefly explain how compliance with the threshold means that the project’s impacts are less than significant. Compliance with the threshold does not relieve a lead agency of the obligation to consider substantial evidence indicating that the project’s environmental effects may still be significant.11
CEQA Guidelines Section 15064.4
(a) The determination of the significance of GHG emissions calls for a careful judgment by the lead agency consistent with the provisions in section 15064. A lead agency shall make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of GHG emissions resulting from a project. A lead agency shall have discretion to determine, in the context of a particular project, whether to Quantify GHG emissions resulting from a project; and/or Rely on a qualitative analysis or performance-based standards. (b) In determining the significance of a project’s GHG emissions, the lead agency should focus its analysis on the reasonably foreseeable incremental contribution of the project’s emissions to the effects of climate change. A project’s incremental contribution may be cumulatively considerable even if it appears relatively small compared to Statewide, national or global emissions. The agency’s analysis should consider a timeframe that is appropriate for the project. The agency’s analysis also must reasonably reflect evolving scientific knowledge and State regulatory schemes. A lead agency should consider the following factors, among others, when determining the significance of impacts from GHG emissions on the environment:

The extent to which the project may increase or reduce GHG emissions as compared to the existing environmental setting.

Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.

The extent to which the project complies with regulations or requirements adopted to implement a Statewide, regional, or local plan for the reduction or mitigation of GHG emissions (see, e.g., section 15183.5[b]). Such requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project’s incremental contribution of GHG emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project. In determining the significance of impacts, the lead agency may consider a project’s consistency with the State’s long-term climate goals or strategies, provided that substantial evidence supports the agency’s analysis of how those goals or strategies address the project’s incremental contribution to climate change and its conclusion that the project’s incremental contribution is not cumulatively considerable.
(c) A lead agency may use a model or methodology to estimate GHG emissions resulting from a project. The lead agency has discretion to select the model or methodology it considers most appropriate to enable decision makers to intelligently take into account the project’s incremental contribution to climate change. The lead agency must support its selection of a

11 2023 CEQA Guidelines. Available at: https://www.califaep.org/docs/CEQA_Handbook_2023_final.pdf City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

14 model or methodology with substantial evidence. The lead agency should explain the limitations of the particular model or methodology selected for use.12 CEQA Guidelines Section 15064.7
(a) A threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant. (b) Each public agency is encouraged to develop and publish thresholds of significance that the agency uses in the determination of the significance of environmental effects. Thresholds of significance to be adopted for general use as part of the lead agency’s environmental review process must be adopted by ordinance, resolution, rule, or regulation, and developed through a public review process and be supported by substantial evidence. Lead agencies may also use thresholds on a case-by-case basis as provided in Section 15064(b)(2). (c) When adopting or using thresholds of significance, a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies or recommended by experts, provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence.
(d) Using environmental standards as thresholds of significance promotes consistency in significance determinations and integrates environmental review with other environmental program planning and regulation. Any public agency may adopt or use an environmental standard as a threshold of significance. In adopting or using an environmental standard as a threshold of significance, a public agency shall explain how the particular requirements of that environmental standard reduce project impacts, including cumulative impacts, to a level that is less than significant, and why the environmental standard is relevant to the analysis of the project under consideration. For the purposes of this subdivision, an “environmental standard” is a rule of general application that is adopted by a public agency through a public review process and that is all the following:
a quantitative, qualitative or performance requirement found in an ordinance, resolution, rule, regulation, order, plan or other environmental requirement; adopted for the purpose of environmental protection;
addresses the environmental effect caused by the project; and, applies to the project under review.13
CEQA Guidelines Section 15183.5
(a) Lead agencies may analyze and mitigate the significant effects of GHG emissions at a programmatic level, such as in a general plan, a long-range development plan, or a separate plan to reduce GHG emissions. Later project-specific environmental documents may tier from and/or incorporate by reference that existing programmatic review. Project-specific environmental documents may rely on an EIR containing a programmatic analysis of GHG emissions as provided in section 15152 (tiering), 15167 (staged EIRs) 15168 (program EIRs),

12 Ibid.
13 Ibid.

Regulatory and Legal Setting

Final Report 15
15175–15179.5 (Master EIRs), 15182 (EIRs Prepared for Specific Plans), and 15183 (EIRs Prepared for General Plans, Community Plans, or Zoning). (b) Plans for the Reduction of GHG Emissions. Public agencies may choose to analyze and mitigate significant GHG emissions in a plan for the reduction of GHG emissions or similar document. A plan to reduce GHG emissions may be used in a cumulative impacts analysis as set forth below. Pursuant to sections 15064(h)(3) and 15130(d), a lead agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project complies with the requirements in a previously adopted plan or mitigation program under specified circumstances.

Plan Elements. A plan for the reduction of GHG emissions should:
(A) Quantify GHG emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; (B) Establish a level, based on substantial evidence, below which the contribution to GHG emissions from activities covered by the plan would not be cumulatively considerable;
(C) Identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area;
(D) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; (E) Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; (F) Be adopted in a public process following environmental review.

Use with Later Activities. A plan for the reduction of GHG emissions, once adopted following certification of an EIR or adoption of an environmental document, may be used in the cumulative impacts analysis of later projects. An environmental document that relies on a GHG reduction plan for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. If there is substantial evidence that the effects of a particular project may be cumulatively considerable, notwithstanding the project’s compliance with the specified requirements in the plan for the reduction of GHG emissions, an EIR must be prepared for the project. (c) Special Situations. As provided in Public Resources Code sections 21155.2 and 21159.28, environmental documents for certain residential and mixed use projects, and transit priority projects, as defined in section 21155, that are consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in an applicable sustainable communities strategy or alternative planning strategy need not analyze global warming impacts resulting from cars and light duty trucks. A lead agency should consider whether such projects may result in GHG emissions resulting from other sources, however, consistent with these Guidelines.
14 14 Ibid.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

16 CEQA Guidelines Section 15126.4(c)
Consistent with section 15126.4(a), lead agencies shall consider feasible means, supported by substantial evidence and subject to monitoring or reporting, of mitigating the significant effects of GHG emissions. Measures to mitigate the significant effects of GHG emissions may include, among others:

Measures in an existing plan or mitigation program for the reduction of emissions that are required as part of the lead agency’s decision;
Reductions in emissions resulting from a project through implementation of project features, project design, or other measures, such as those described in Appendix F of the CEQA Guidelines;
Off-site measures, including offsets that are not otherwise required, to mitigate a project’s emissions;
Measures that sequester GHGs;
In the case of the adoption of a plan, such as a general plan, long range development plan, or plans for the reduction of GHG emissions, mitigation may include the identification of specific measures that may be implemented on a project-by-project basis. Mitigation may also include the incorporation of specific measures or policies found in an adopted ordinance or regulation that reduces the cumulative effect of emissions.15

3.2 Relevant State and Regional GHG Reduction
Targets
Executive Order S-03-05
On June 1, 2005, the governor issued EO S-03-05, which established a statewide goal of reducing GHG emissions to 1990 levels by 2020 and created the Climate Action Team. The 2020 GHG reduction target contained in EO S-03-05 was later codified by Assembly Bill (AB) 32.

Assembly Bill 32
California’s major initiative for reducing GHG emissions is outlined in AB 32, the “California Global Warming Solutions Act of 2006,” which was signed into law in 2006. AB 32 codifies the State’s goal of reducing Statewide GHG emissions to 1990 levels by 2020 and requires the California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main State strategies for reducing GHG emissions to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of Statewide GHG emissions. Based on this guidance, CARB approved a 1990 Statewide GHG level and 2020 limit of 427 million metric tons (MMT) of CO2e. The Scoping Plan was approved by CARB on December 11, 2008, and included measures to address GHG emission reduction strategies related to energy efficiency, water use, and recycling and solid waste, among other measures. Many of the GHG reduction measures included in the Scoping Plan (e.g., Low Carbon Fuel Standard, Advanced Clean Car standards, and Cap-and- Trade) have been adopted since approval of the Scoping Plan. 16 15 Ibid.
16 CARB. 2008. Climate Change Scoping Plan. December 2008. https://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf.

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Final Report 17
In May 2014, CARB approved the first update to the AB 32 Scoping Plan. The 2013 Scoping Plan update defined CARB’s climate change priorities for the next five years and set the groundwork to reach post-2020 Statewide goals. The update highlighted California’s progress toward meeting the “near-term” 2020 GHG emission reduction goals defined in the original Scoping Plan. It also evaluated how to align the State’s longer-term GHG reduction strategies with other State policy priorities, including those for water, waste, natural resources, clean energy, transportation, and land use. 17
Senate Bill 32
On September 8, 2016, the governor signed SB 32 into law, extending AB 32 by requiring the Statewide reduction of GHG emissions to 40 percent below 1990 levels by 2030 (the other provisions of AB 32 remain unchanged). In November 2022, CARB published California’s 2022 Scoping Plan for Achieving Carbon Neutrality (Third Update). This update extends the previous Scoping Plans and lays out a path to achieve carbon neutrality no later than 2045, as directed by AB 1279. The previous 2017 Scoping Plan lays out a technologically feasible and cost-effective path to achieve the 2030 GHG reduction target by leveraging existing programs such as the Renewables Portfolio Standard, Advanced Clean Cars, Low Carbon Fuel Standard, Short-Lived Climate Pollutant (SLCP) Reduction Strategy, Cap-and-Trade Program, and Mobile Source Strategy that includes strategies targeted to increase zero emission vehicle fleet penetration. The 2022 Scoping Plan looks toward the 2045 climate goals and the deeper GHG reductions needed to meet the state’s statutory carbon neutrality target specified in AB 1279 and EO B-55-18.18 Senate Bill 375
SB 375, signed in August 2008, enhances the state’s ability to reach AB 32 goals by directing CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles by 2020 and 2035. SB 375 aligns regional transportation planning efforts, regional GHG reduction targets, and affordable housing allocations. Metropolitan Planning Organizations (MPOs) are required to adopt a Sustainable Communities Strategy (SCS), which allocates land uses in the MPO’s Regional Transportation Plan (RTP). Qualified projects consistent with an approved SCS or Alternative Planning Strategy categorized as “transit priority projects” would receive incentives to streamline CEQA processing.

On March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035. The Association of Bay Area Governments (ABAG) was assigned targets of a 7 percent reduction in GHGs from transportation sources by 2020 and a 15 percent reduction in GHGs from transportation sources by 2035. ABAG adopted the 2050 RTP (Plan Bay Area 2050) in October 2021, which includes the region’s SCS and meets the requirements of SB 375. 19 Assembly Bill 1279
AB 1279, signed in September 2022, builds upon EO B-55-18, which originally established California’s 2045 goal of carbon neutrality and tasked CARB with including a pathway toward the EO B-55-18 carbon neutrality goal in the 2022 Scoping Plan. AB 1279 codified the Statewide carbon

17 CARB. 2014. First Update to the Climate Change Scoping Plan. May 15, 2014. Available at:
https://ww3.arb.ca.gov/cc/scopingplan/2013_update/first_update_climate_change_scoping_plan.pdf. 18 CARB. 2022. 2022 Scoping Plan for Achieving Carbon Neutrality. Available at: https://ww2.arb.ca.gov/sites/default/files/2023-04/2022- sp.pdf
19 Association of Bay Area Governments. October 2021. Plan Bay Area 2050.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

18 neutrality goal into a legally binding requirement for California to achieve carbon neutrality no later than 2045 and ensure 85 percent20 GHG emissions reduction under that goal. This goal is in addition to the existing Statewide GHG emission reduction targets established by SB 375, SB 32, SB 1383, and SB 100.

Senate Bill 100
Adopted in September 2018, SB 100 supports the reduction of GHG emissions from the electricity sector by accelerating the State’s Renewables Portfolio Standard Program, which was last updated by SB 350 in 2015. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045.

Senate Bill 1383
Adopted in September 2016, SB 1383 (Lara, Chapter 395, Statutes of 2016) requires CARB to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants. SB 1383 requires the strategy to achieve the following reduction targets by 2030:
 Methane – 40 percent below 2013 levels
 Hydrofluorocarbons – 40 percent below 2013 levels
 Anthropogenic black carbon – 50 percent below 2013 levels SB 1383 also requires the California Department of Resources Recycling and Recovery, in consultation with CARB, to adopt regulations that achieve specified targets for reducing organic waste in landfills.

3.3 Relevant GHG Emissions Analysis Case Law
Friends of Oroville v. City of Oroville (Case No. 070448) The Third District Court of Appeal decision in the Friends of Oroville v. City of Oroville case was published on August 19, 2013. This decision evaluated the methodology used to analyze GHG emissions in an Environmental Impact Report (EIR) prepared for a Wal-Mart Supercenter development project that included replacing an existing Wal-Mart store with a Wal-Mart Supercenter in Oroville in Butte County. The EIR used consistency with the AB 32 emissions reduction target as its significance threshold for evaluating the project’s GHG emissions and compared the magnitude of the proposed project’s emissions to statewide 2004 emission levels as part of the analysis. The Court found that EIR applied “a meaningless, relative number to determine insignificant impact” rather than evaluating the project’s emissions in light of the AB 32 emissions reduction target. The Court also found that the EIR “misapplied the [AB] 32 threshold-of-significance standard by [1] failing to calculate the GHG emissions for the existing Wal-Mart and [2] failing to quantitatively or qualitatively ascertain or estimate the effect of the Project’s mitigation measures on GHG emissions.” The Court determined that the EIR could and should have performed these quantifications to adequately evaluate the project’s GHG emissions using the AB 32 emissions reduction target.

20 To achieve carbon neutrality, the remaining 15 percent of GHG emissions would be achieved through carbon capture and sequestration efforts.

Regulatory and Legal Setting

Final Report 19
Sierra Club v. County of San Diego (Case No. 37-2018-00043084-CU-TT-CTL) The Fourth District Court of Appeal decision in the Sierra Club v. County of San Diego case was published on October 29, 2014. This decision evaluated the adequacy of the CAP prepared by the County of San Diego to satisfy Mitigation Measure CC-1.2 of the program EIR prepared for its 2011 General Plan. To reduce GHG emissions impacts of the 2011 General Plan to a less-than-significant level, Mitigation Measure CC-1.2 required the preparation of a CAP that would include “more detailed GHG emissions reduction targets and deadlines” and that would “achieve comprehensive and enforceable GHG emissions reduction of 17 percent (totaling 23,572 MT of CO2e) from County operations from 2006 by 2020 and 9 percent reduction (totaling 479,717 MT of CO2e) in community emissions from 2006 by 2020.” The Court found the CAP did not include enforceable and feasible GHG emission reduction measures that would achieve the necessary emissions reduction; therefore, the CAP did not meet the requirements of Mitigation Measure CC-1.2 and would not ensure that the mitigation measure would reduce GHG emissions to a less-than-significant impact. In addition, the Court found that the County failed to evaluate the environmental impacts of the CAP and its associated thresholds of significance under CEQA.

Center for Biological Diversity v. California Department of Fish and Wildlife (Case No. 217763)
The California Supreme Court’s decision in the Center for Biological Diversity v. California Department of Fish and Wildlife case was published on November 30, 2015. This decision evaluated the methodology used to analyze GHG emissions in an EIR prepared for the Newhall Ranch development project that included approximately 20,885 dwelling units with 58,000 residents on 12,000 acres of undeveloped land in Los Angeles County. The EIR used a business-as-usual approach to evaluate whether the project would be consistent with the AB 32 Scoping Plan. The Court found there was insufficient evidence in the record of that project to explain how a project that reduces its GHG emissions by the same percentage as the business-as-usual reduction identified for the State to meet its Statewide targets supported a conclusion that project-level impacts were below the level of significance.

The California Supreme Court suggested regulatory consistency as a pathway to compliance by stating that a lead agency might assess consistency with the State’s GHG reduction goals by evaluating for compliance with regulations designed to reduce GHG emissions. This approach is consistent with CEQA Guidelines Section 15064.4(b), which provides that a determination of an impact is not cumulatively considerable to the extent to which the project complies with regulations or requirements implementing a Statewide, regional, or local plan to reduce or mitigate GHG emissions. The Court also found that a lead agency may rely on numerical and efficiency-based thresholds of significance for GHG emissions, if supported by substantial evidence.

Golden Door Properties, LLC v. County of San Diego/Sierra Club, LLC v.

County of San Diego (Case No. 072406)
The Fourth District Court of Appeal decision in the Golden Door Properties, LLC v. County of San Diego case (published on September 28, 2018) evaluated the County of San Diego’s 2016 Guidance Document’s GHG efficiency metric, which establishes a generally applicable threshold of significance for proposed projects. The Court held that the County of San Diego is barred from using its 2016 Guidance Document’s threshold of significance of 4.9 MT of CO2e per service person per year for GHG analysis. The Court stated that the document violated CEQA because it was not adopted formally by ordinance, rule, resolution, or regulation through a public review process per CEQA City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

20 Guidelines Section 15064.7(b). The Court also found that the threshold was not supported by substantial evidence that adequately explained how a service population threshold derived from Statewide data could constitute an appropriate GHG metric to be used for all projects in unincorporated San Diego County. Nevertheless, lead agencies may make plan- or project-specific GHG emissions threshold determinations.

Determining Consistency with the CAP

Final Report 21
4 Determining Consistency with the CAP
As discussed in Chapter 2, Climate Action Plan Summary, the CAP is a qualified GHG emission reduction plan per the requirements of CEQA Guidelines Section 15183.5 for year 2030 and can, therefore, be utilized to streamline the GHG emissions analysis for plans and projects with buildout years through 2030. Projects that are consistent with the demographic forecasts and land use assumptions in the CAP can utilize the City’s CEQA GHG Checklist to demonstrate consistency with the CAP GHG emissions reduction strategy, and if consistent, can tier from the environmental review contained in the CAP IS-ND. In doing so, these projects would result in less-than-significant GHG emissions and not result in a cumulatively considerable GHG emissions impact. The following process (see Figure 4) shows how to demonstrate a plan/project’s consistency with the CAP’s GHG emissions reduction strategy and, thereby, tier from the IS-ND for the CAP. This approach is consistent with the recommendations of the AEP Climate Change Committee for tiering from qualified GHG reduction plans that demonstrate substantial progress toward meeting the next milestone Statewide planning reduction target (i.e., a 40 percent reduction below 1990 levels by 2030 as set forth by SB 32).

Figure 4 Determining Consistency with the Hayward CAP

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

22 Step 1: Consistency with Demographic Forecasts and Land Use Assumptions The demographic forecasts of the CAP are based on both a City-provided tool, the Hayward Forecaster Tool, which utilizes Association of Bay Area Governments (ABAG) demographic forecasts and the growth projected in the City (2040) General Plan. If a plan/project is consistent with the existing 2040 General Plan land use of the plan area/project site as identified in the Hayward General Plan, then the plan/project is consistent with the Business as Usual (BAU) demographic forecasts and land use assumptions of the CAP and can move on to Step 2. In such cases, the plan/project’s associated GHG emissions were accounted for in the GHG emissions forecasts included in the CAP and, therefore, are within the scope of this plan’s analysis of communitywide GHG emissions. Accordingly, the analysis of the plan/project’s GHG emissions in its CEQA document should include a reference to the plan/project’s consistency with the existing (2040) General Plan land use of the plan area/project site and should explain the aforementioned connection between the existing (2040) General Plan land use and the GHG emissions forecasts in the CAP. Then, proceed to Step 2. Note that this general methodology can also be utilized for projects with a post- 2030 buildout year; however, the CEQA GHG thresholds would need to be updated to match the latest, adopted General Plan land use designations as well as the latest, adopted CAP.

If a plan/project is not consistent with the existing (2040) General Plan land use of the plan area/project site but would result in equivalent or fewer GHG emissions as compared to existing on- site development or the development anticipated for the site under the City’s existing (2040) General Plan, then the plan/project would still be within the demographic forecasts and land use assumptions of the CAP and can move on to Step 2. To provide substantial evidence for this determination, GHG emissions generated under existing conditions/existing (2040) General Plan buildout and the proposed project need to be quantified and included in the CEQA analysis. See Chapter 6, Quantifying GHG Emissions, for guidance on quantifying GHG emissions for existing conditions/existing (2040) General Plan buildout and the proposed plan/project. In this case, the analysis of the plan’s/project’s GHG emissions in its CEQA document should include a quantitative comparison of the proposed plan’s/project’s GHG emissions and GHG emissions generated by existing on-site development, or the development anticipated for the site under the City’s existing (2040) General Plan. The analysis should clearly explain how the plan/project’s emissions are equivalent or less than those generated by existing on-site development, or the development anticipated for the site under the City’s existing (2040) General Plan. Then, proceed to Step 2.

If a plan/project is not consistent with the existing (2040) General Plan land use of the plan area/project site and would result in either new development of undeveloped land or redevelopment with higher GHG emissions than existing on-site development or than the development anticipated for the site under the City’s existing (2040) General Plan, the plan/project cannot use the CEQA GHG Emissions Analysis Compliance Checklist to tier from the adopted IS-ND for the CAP. Instead, the plan/project’s GHG emissions can be evaluated using the quantitative GHG thresholds described in Chapter 5, Utilizing Quantitative CEQA GHG Thresholds, to evaluate the significance of the plan/project’s GHG emissions.

Step 2: Consistency with CEQA GHG Emissions Analysis Compliance Checklist The City has prepared the CEQA GHG Emissions Analysis Compliance Checklist for plans and projects to ensure they are consistent with the strategies of the CAP. A project applicant can utilize the checklist to show that a plan/project includes all applicable strategies of the CAP. Projects that use the CEQA GHG Emissions Analysis Compliance Checklist are not required to quantify reductions Determining Consistency with the CAP

Final Report 23
from the strategies included on the checklist, because the reductions from applicable strategies have already been quantified at a programmatic level in the CAP.

If a plan/project is consistent with the applicable strategies on the CEQA GHG Emissions Analysis Compliance Checklist, then the plan/project can streamline from the plan/project-level CEQA GHG emissions analysis utilizing the programmatic GHG emissions environmental review included in the adopted IS-ND for the CAP pursuant to CEQA Guidelines Section 15183.5(b)(1).

A plan/project that is consistent with all applicable strategies of the CEQA GHG Emissions Analysis Compliance Checklist would result in less-than-significant GHG emissions and would not result in a cumulatively considerable impact related to GHG emissions and climate change. In this case, the analysis of a plan or project’s GHG emissions in its respective CEQA review document should include a qualitative summary of the plan/project’s consistency with applicable measures of the CEQA GHG Emissions Analysis Compliance Checklist and an explanation with substantial evidence of why any strategies in the checklist are not applicable to the plan/project.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

24 5 Utilizing Quantitative CEQA GHG
Thresholds
As discussed in Chapter 4, Determining Consistency with , if a plan/project is not consistent with the existing (2040) General Plan land use of the plan area/project site or has a post-2030 buildout year or is not consistent with all applicable GHG reduction strategies of the CAP as listed in the CEQA GHG Emissions Analysis Compliance Checklist, then that plan/project cannot utilize the CEQA GHG Emissions Analysis Compliance Checklist to streamline its project/plan-level GHG emissions analysis in a qualitative manner. Instead, the significance of that plan/project’s GHG emissions can be evaluated using quantitative GHG thresholds derived from the assumptions of the CAP. If that plan’s/project’s GHG emissions are at or below the applicable quantitative threshold, the plan/project, if it has a pre-2030 buildout year, can determine that the project/plan would result in a less-than-significant GHG emissions impact or, if a CAP-specific project, can tier from the existing programmatic environmental review contained in the adopted programmatic IS-ND for the CAP. In doing so, such plans/projects would result in less-than-significant GHG emissions and would not result in a cumulatively considerable impact related to GHG emissions and climate change. In addition, plans/projects with post-2030 buildout year and GHG emissions at or below the quantitative thresholds for 2045, which equate to net zero MT of CO2e per year, would be considered less-than-significant and would not result in a cumulatively considerable GHG emissions impact. Note that the CEQA GHG thresholds will need to be updated for consistency when new General Plan land use designations and CAPs are adopted. The following sections provide an explanation of the methodology used to calculate the quantitative GHG emissions thresholds, guidance on how to utilize the thresholds, and justification for use of the thresholds.

5.1 Thresholds Calculation Methodology
CEQA Guidelines Section 15064.4 does not establish a specific quantitative threshold of significance for evaluating GHG emissions associated with a proposed plan or project. Lead agencies have the discretion to establish significance thresholds for their respective jurisdictions, and in establishing those thresholds, a lead agency may appropriately look to thresholds developed by other public agencies, or suggested by other experts, as long as the threshold chosen is supported by substantial evidence (CEQA Guidelines Section 15064.7[c]). The following methodology is consistent with guidance provided by the AEP Climate Change Committee in 2016 for establishing GHG emissions efficiency thresholds using the local jurisdictional GHG inventory and demographic forecasts.21 An efficiency threshold is a threshold expressed as a per-person metric (e.g., per resident, per employee, or per service person). Efficiency thresholds are calculated by dividing the allowable GHG emissions inventory in a selected calendar year by the residents, employees, or service population in that year. The efficiency threshold identifies the quantity of GHG emissions that can be generated on a per-person basis without significantly impacting the environment.

Locally appropriate, plan- and project-specific GHG emissions efficiency thresholds were derived from the GHG emissions forecasts calculated for the CAP. These thresholds were created to comply with CEQA and the CEQA Guidelines and interpretive GHG emissions analysis case law, which are

21 AEP. 2016. Final White Paper Beyond 2020 and Newhall: A Field Guide to New CEQA Greenhouse Gas Thresholds and Climate Action Plan Targets for California. https://califaep.org/docs/AEP-2016_Final_White_Paper.pdf.

Utilizing Quantitative CEQA GHG Thresholds

Final Report 25
summarized in Chapter 3, Regulatory and Legal Setting. The City of Hayward GHG emissions efficiency thresholds were calculated using the emissions forecasts with all emissions sectors included, because plans and projects would generate vehicle trips and equipment use, consume energy and water, and produce wastewater and solid waste, thereby generating emissions in all categories. Efficiency thresholds were calculated for the year 2030 to provide GHG emissions thresholds for new development in line with the State’s next milestone target for year 2030.

GHG emissions efficiency thresholds would be used during the CEQA review process for new residential, non-residential, and mixed-use plans and projects. Therefore, forecasted GHG emissions in the CAP were disaggregated into residential and non-residential development for the threshold year to calculate thresholds specific to residential, non-residential, and mixed-use projects.

Forecasted GHG emissions are sometimes also disaggregated between new and existing development for the threshold year. For the City of Hayward, a GHG threshold disaggregated between new and existing development places a disproportionately high emphasis on GHG emissions reduction from existing development, given the CAP measures. This necessitated applying the CAP emissions reduction across both new development and existing development to produce per capita GHG thresholds for residential projects, non-residential projects, and mixed-use projects.

The results of the disaggregation of the GHG emissions forecast are presented in Figure 5, which summarizes the total amount of GHG emissions expected to be generated by existing, new residential, and new non-residential development for threshold year 2030.

Figure 5 Allowable GHG Emissions from Existing and New Development in 2030

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

26 Table 5 summarizes the demographic projections for the City of Hayward that were used in calculating GHG efficiency thresholds for the year 2030. As shown in the table, the numbers of residents, employees, and service persons are all anticipated to increase between 2019 and 2030.

Table 5 Hayward Demographic Projections
Metric 2019 Estimate 2030 Forecast
Net Increase from New Development
(2019-2030)
Residents 160,197 167,425 7,228
Employees 70,739 72,073 1,335
Service Population1 230,936 239,498 8,563
1 The service population is equal to the residential population plus the number of employees.

Source: Hayward, City of. 2023. 2019 Community GHG Emissions Inventory and 2030 GHG Emissions Forecast.

Table 6 shows how the remaining GHG emissions for existing and new development after implementation of CAP measures are reaggregated to create communitywide emissions thresholds for 2030, using the demographic projections from Table 5. The resulting GHG thresholds are specified in Table 6 while the allowable 2030 GHG emissions are specified in Table 7.

Table 6 Hayward 2030 CAP-Adjusted Emissions and Communitywide GHG Thresholds

Residential
(Existing & New)
Non-Residential
(Existing & New)
Mixed-Use1
(Existing & New)
CAP-Adjusted 2030 Emissions
(MT CO2e)
332,454 188,488 520,943
Demographic Metric 167,425 residents 72,073 employees 239,498 service people2 GHG Efficiency Threshold
(MT CO2e per demographic
metric per year)

1.99 per resident 2.62 per employee 2.18 per service person2 Notes: MT CO2e = metric tons of carbon dioxide equivalent 1It is not practical to disaggregate CAP-adjusted emissions forecasts into mixed-use, residential, and non-residential due to data constraints. The combined residential and non-residential emissions are used along with service population to calculate a mixed-use GHG threshold.
2 The service population is equal to the residential population plus the number of employees.

Source: Appendix B, CEQA GHG Thresholds Calculations

5.2 Thresholds and Use
The GHG efficiency thresholds for residential, non-residential, and mixed-use projects built prior to December 31, 2030 are presented in Figure 6 and Table 7. If a plan or project’s emissions do not exceed the applicable threshold, then it is considered consistent with the Hayward CAP and its GHG emissions impacts (both project- and cumulative-level) would not result in a cumulatively considerable impact related to GHG emissions and climate change and would, therefore, be less than significant. If a plan’s or project’s emissions exceed the applicable threshold, then mitigation measures must be identified, and respective GHG emissions reduction calculations included within the respective CEQA review document in order to reduce plan or project GHG emissions to at or below the applicable threshold level. These thresholds are applicable to the following plan and project types proposed in Hayward:

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Final Report 27
 Residential. Single-family dwellings, multi-family dwellings, accessory dwelling units, boarding house, caretaker quarters, fraternities and sororities, high-occupancy residential uses, continuing care communities, mobile-home parks, residential care facilities, supportive and/or transitional housing, or any combination of these uses.  Non-residential. All commercial uses (including office and retail uses), all lodging uses, all public and quasi-public uses, elderly and long-term care, hospice in-patient facilities, family day cares, sports and entertainment assembly facilities, all industry, manufacturing & processing, and wholesaling uses that are not subject to BAAQMD stationary source permitting or the State cap- and-trade program, or any combination of these uses.
 Mixed-use. A combination of at least one residential and at least one non-residential land use specified above.

Figure 6 Hayward GHG Efficiency Thresholds

Table 7 Hayward Locally Applicable Plan/Project CEQA GHG Emissions Thresholds 2030 New Development
New Residential New Non-Residential New Mixed-Use2
GHG Emissions Forecasted
(new MT CO2e)1
43,437 20,689 64,125
Demographic Metric 7,228 new residents 1,335 new employees 8,563 new service people3 GHG Efficiency Threshold
(MT CO2e per demographic
metric per year)

1.99 per resident 2.62 per employee 2.18 per service person3 Notes: MT CO2e = metric tons of carbon dioxide equivalent 1 GHG Emissions Forecasted represent the new GHG emissions forecasted between 2019 and 2030. This also represents the allowable GHG emissions for each sector.
2 GHG emissions from new mixed-use development would count against the total remaining GHG emissions budget for both new residential and new non-residential development rather than as a function of the number of new service people expected in 2030. This avoids double counting.
3 The service population is equal to the residential population plus the number of employees.

Source: Appendix B, CEQA GHG Thresholds Calculations

1.99 2.62

2.18 -

0.50 1.00

1.50 2.00

2.50 3.00
Residential
(per resident)
Nonresidential
(per employee)
Mixed-Use
(per service person)
GHG Emissions (MT CO2e)
City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

28 5.3 Justification for Thresholds
Per CEQA Guidelines Section 15064(b)(1), “the determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data.” In addition, CEQA Guidelines Section 15064(b)(2) states, “When using a threshold, the lead agency should briefly explain how compliance with the threshold means that the project’s impacts are less than significant.” Furthermore, CEQA Guidelines Section 15064.7(b) states “Thresholds of significance to be adopted for general use as part of the lead agency’s environmental review process must be adopted by ordinance, resolution, rule, or regulation, and developed through a public review process and be supported by substantial evidence.” Therefore, the key considerations when developing thresholds of significance are 1) the thresholds’ basis on scientific and factual data; 2) demonstration of how compliance with the thresholds reduces project impacts to a less-than-significant level; 3) support of the thresholds by substantial evidence; and 4) adoption of the thresholds by ordinance, resolution, rule, or regulation, and developed through a public review process. The following subsections address these four key considerations.

Basis of Scientific and Factual Data
As discussed in Section 5.1, Threshold Calculation Methodology, the quantitative thresholds were developed using data from the City’s 2019 communitywide GHG inventory and the GHG emissions forecasts for year 2030. The inventory and forecasts were developed by the City in compliance with all relevant protocols and guidance documents, including the U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions, the Global Protocol for Community Scale GHG Emissions, and the Intergovernmental Panel on Climate Change (IPCC) Guidelines for National GHG Inventories. Furthermore, the inventory and forecasts are based on locally appropriate data for Hayward provided by East Bay Community Energy (EBCE), Pacific Gas & Electric (PG&E), Google Environmental Insights Explorer, CARB, Bay Area Rapid Transit (BART), the City of Hayward, East Bay Municipal Utility District, and California Department of Resources Recycling and Recovery (CalRecycle).22 Therefore, the GHG emission inventory and forecast data underlying the thresholds is both scientific and factual.

As discussed in Section 2.3, GHG Emissions Forecast, implementation of the Hayward CAP will achieve a 46 percent reduction in 1990 emissions levels by 2030. Therefore, this local target is aligned with the State’s target of a 40 percent emission reduction in 1990 levels by 2030 and makes substantial progress toward achieving the State’s long-term goal of carbon neutrality by 2045. The quantitative thresholds are tied directly to the level of GHG emissions anticipated for new development in the CAP for year 2030. As a result, because the CAP is consistent with the State’s 2030 GHG emission target, the quantitative thresholds are also consistent with the next State milestone GHG emission reduction target for 2030. The State’s GHG emission reduction targets for 2030 and 2045 are set at the levels scientists say are necessary to meet the Paris Agreement goals to reduce GHG emissions and limit global temperature rise below two degrees Celsius by 2100 in order to avoid dangerous climate change (CARB 2017; EO B-55-18). Therefore, the City’s emission reduction targets that inform the CAP and the associated quantitative thresholds are based on scientific and factual data on the level of emissions reduction necessary to avoid a cumulatively considerable contribution to the cumulative impact of climate change.

22 Hayward, City of. 2023. Community Greenhouse Gas Emissions Inventory and Forecast.

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Reduction of Plan or Project Impacts to a Less-than-Significant Level As discussed in Section 2.3, GHG Emissions Forecast, implementation of the Hayward CAP would achieve a 46 percent reduction in 1990 emissions levels by 2030. The quantitative GHG thresholds shown in Section 5.2 Thresholds and Use are tied directly to the level of GHG emissions anticipated for new development in the CAP for year 2030. Therefore, the thresholds are consistent with the City’s local emission reduction target, which is consistent with the State’s GHG emission reduction targets. As mentioned in the preceding subsection, the State’s GHG emission reduction targets for 2030 and 2045 are set at the levels scientists say are necessary to meet the Paris Agreement goals to reduce GHG emissions and limit global temperature rise below two degrees Celsius by 2100 in order to avoid dangerous climate change (CARB 2017; EO B-55-18). Therefore, the quantitative thresholds are set at the level necessary to ensure the City does not have a cumulatively considerable contribution to the cumulative impact of climate change. As a result, plans and projects with GHG emissions at or below the quantitative thresholds would also not have a cumulatively considerable contribution to the cumulative impacts of climate change, and plan/project impacts would be less than significant.

Support of Substantial Evidence
Substantial evidence regarding the calculation of the quantitative GHG emissions thresholds is provided in Section 5.1, Thresholds Calculation Methodology. The following subsections provide additional evidence of how the GHG emissions thresholds are locally appropriate and plan- or project-specific and how the thresholds distinguish between existing and new development.

Use of Local Data
The quantitative thresholds were developed using the City’s communitywide GHG emissions forecast for year 2030 and are therefore specific to the City of Hayward. The thresholds are directly tied to the population and employment growth anticipated by the Association of Bay Area Governments (ABAG) Plan Bay Area 2040 (PBA 2040) projections, and in alignment with the Hayward 2040 General Plan as well as to the City-specific GHG emission reduction measures that the City has proposed to reduce communitywide and per capita emissions. In addition, the magnitude of local GHG emission reduction achieved by State legislation/policies (i.e., vehicle fuel efficiency standards, the Renewable Portfolio Standard [RPS], and Title 24) was estimated based on City-specific growth and vehicle miles travelled (VMT) forecasts. As a result, these locally appropriate thresholds directly address the concerns raised in the Golden Door Properties, LLC v.

County of San Diego/Sierra Club, LLC v. County of San Diego (2018) case, because they are based on local GHG emissions data rather than Statewide GHG emissions data.

Disaggregation of Existing versus New Development
For the City of Hayward, a GHG threshold disaggregated between new and existing development places a disproportionately high emphasis on emissions reduction from existing development, given the proposed CAP measures. This necessitated applying the emissions reduction across both new development and measures impacting existing development to produce per capita GHG thresholds.

CAP-adjusted emissions for existing and new development were combined to create communitywide GHG emissions thresholds. This approach is more conservative than disaggregating by new versus existing development as it accounts for the relative ease for new development to be decarbonized and builds in some buffer for emissions reduction required of existing development to achieve CAP reductions. Therefore, these thresholds directly address the concerns raised in the City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

30 Center for Biological Diversity v. California Department of Fish and Wildlife (2015) case regarding the different rates of GHG emissions reduction anticipated for new development as compared to existing development in order to meet the specified GHG reduction target.

Selection of Sector-Specific Thresholds
The quantitative thresholds are separated into three categories – residential, non-residential, and mixed-use – which are intended to apply to the three main types of development projects in Hayward. These thresholds were calculated by disaggregating the City’s business-as-usual GHG emissions forecasts for residential and non-residential development. The emissions reduction specific to residential and non-residential development achieved by State legislation/policies and the CAP were then subtracted from the business-as-usual forecast to determine “caps” of emissions for new residential and new non-residential development for year 2030. These emissions “caps” were then divided by the numbers of residents and employees forecast for the year 2030 to determine efficiency thresholds for residential and non-residential projects, respectively. For mixed- use development, the residential and non-residential emissions “caps” were summed, then divided by the service population forecast for 2030 to determine an efficiency threshold for mixed-use projects. As a result, these project-specific thresholds directly address the concerns raised in the Center for Biological Diversity v. California Department of Fish and Wildlife (2015) case, because they are specific to each development project type.

Adoption via Public Review Process
In compliance with CEQA Guidelines Section 15064.7(b), this guidance document and the quantitative thresholds contained herein will be presented to the City Council for formal adoption via resolution through a public review process, which will include an opportunity for public input.

The public review process for these City of Hayward CEQA GHG Thresholds and Guidance will specifically occur via public availability to comment on the draft resolution item during a public meeting (i.e., City Council meeting) considering adoption of the CEQA GHG Thresholds and Guidance and CAP Draft IS-ND. This process directly addresses the concerns raised in the Golden Door Properties, LLC v. County of San Diego/Sierra Club, LLC v. County of San Diego (2018) case regarding formal adoption of new CEQA thresholds and how lead agencies should afford the opportunity for public review and input prior to adoption and use.

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Final Report 31
6 Quantifying GHG Emissions
There are a variety of analytical tools available to estimate project-level GHG emissions, including the California Emissions Estimator Model (CalEEMod),23 which is a free, publicly available computer model developed for the California Air Pollution Control Officers Association (CAPCOA) in collaboration with various air quality districts throughout the State. Alternative tools may be used to quantify emissions if they can be substantiated. In general, the most current version of CalEEMod should be used to calculate total emissions for discretionary development projects. The analysis should focus on carbon dioxide (CO
2), methane (CH4), and nitrous oxide (N2O), because these are the GHGs that most development projects would generate in the largest quantities. Fluorinated gases, such as hydrofluorocarbons, perfluorocarbons, and sulfur hexafluorides, should also be considered for the analysis. Emissions of all GHGs should be converted into their equivalent global warming potential in terms of CO2 (CO2e). Calculations should be based on the current methodologies recommended by the CAPCOA and the BAAQMD.24, 25

6.1 Construction GHG Emissions
Construction activities emit GHGs primarily though combustion of fuels (mostly diesel) in the engines of off-road construction equipment and in on-road construction vehicles and in the commute vehicles of the construction workers. Smaller amounts of GHGs are emitted indirectly through the energy required for water used for fugitive dust control and lighting for the construction activity. Every phase of the construction process, including demolition, grading, paving, and building, emits GHG emissions in volumes proportional to the quantity and type of construction equipment used. Heavier equipment typically emits more GHGs per hour than lighter equipment because of their engine design and greater fuel consumption.

BAAQMD recommends quantifying and disclosing construction related GHG emissions and making an impact level determination. CalEEMod generates a default construction schedule and equipment list based on the plan-/project-specific information, including land use, project size, location, and construction timeline.
26 In general, if specific applicant-provided information is unknown, the default construction equipment list and phase lengths are the most appropriate inputs. However, if more detailed site-specific equipment and phase information (i.e., data from the project applicant) is available, the model’s default values can (and should) be overridden. 27 23 The most current available version of CalEEMod should be used. As of August 2023, CalEEMod version 2022.1 is the most current version and should be used to quantify project-level emissions. 24 California Air Pollution Control Officers Association. 2008. CEQA and Climate Change: Addressing Climate Change through California Environmental Quality Act (CEQA). January 2008.
25 BAAQMD. 2022. “CEQA Thresholds and Guidelines Update.” https://www.baaqmd.gov/plans-and-climate/california-environmental- quality-act-ceqa/updated-ceqa-guidelines.
26CAPCOA. 2022. California Emissions Estimator Model User Guide: Version 2022.1. Prepared by ICF in collaboration with Sacramento Metropolitan Air Quality Management District, Fehr & Peers, STI, and Ramboll. http://www.aqmd.gov/caleemod/user's-guide. 27Ibid.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

32 6.2 Operational GHG Emissions
CalEEMod estimates operational emissions of CO2, N2O, and CH4 generated by area sources, energy use, vehicle trips (i.e., mobile sources), waste generation, and water use and conveyance.

Operational emissions should be calculated for the year 2030, rather than the plan/project buildout year, in order to provide an appropriate comparison of project emissions to the year 2030 threshold.

Area Source Emissions
Area sources include GHG emissions that would occur from the use of landscaping equipment, hearths, and woodstoves, which emit GHGs associated with the equipment’s fuel combustion. The landscaping equipment emission values in CalEEMod are derived from CARB’s Small Off-Road Engines Model v1.1 (SORE2020).28 Emission rates for combustion of wood and natural gas for wood stoves and fireplaces are based on those published by the U.S. EPA. Typically, no adjustments to landscaping equipment inputs are necessary. The number of hearths and woodstoves should be adjusted in CalEEMod to reflect the project design.

Energy Use Emissions
GHGs are emitted on-site during the combustion of natural gas for cooking, space and water heating, and decorative uses and off-site during the generation of electricity from fossil fuels in power plants. CalEEMod estimates GHG emissions from energy use by multiplying average rates of residential and non-residential energy consumption by the quantities of residential units and non- residential square footage entered in the land use module to obtain total projected energy use. This value is then multiplied by electricity and natural gas GHG emission factors applicable to the plan/project location and utility provider. Building energy use is typically divided into energy consumed by the built environment and energy consumed by uses that are independent of the building, such as plug-in appliances. Non-building energy use, or “plug-in energy use,” can be further subdivided by specific end-use (refrigeration, cooking, office equipment, etc.). In California, Title 24 governs energy consumed by the built environment, mechanical systems, and some types of fixed lighting.

Electricity emissions are calculated by multiplying the energy use by the carbon intensity of the utility district per kilowatt hour.29 Projects would be served either by EBCE or by PG&E. The specific energy intensity factors (i.e., the amount of CO2, CH4, and N2O per kilowatt-hour) for the applicable utility should be used in the calculations of GHG emissions.

As of publication of this guidance document, the current iteration of Title 24 includes the 2022 Building Energy Efficiency Standards. In accordance with Section 150.1(b)14 of the 2022 Building Energy Efficiency Standards, all new residential uses three stories or less must install photovoltaic (PV) solar panels that generate an amount of electricity equal to expected electricity usage. The calculation method contained in Section 150.1(b)14 of the 2022 Building Energy Efficiency Standards should be utilized to estimate the number of kilowatts of PV solar panels that would be required for a residential project three stories or less. In addition, modeling should account for any local regulations pertaining to mandatory solar provisions. Online resources can be used to determine

28Ibid.
29Ibid.

Quantifying GHG Emissions

Final Report 33
the kilowatt-hours that would be generated per year by the required solar PV system.30 The energy reduction achieved by on-site PV solar panels should be included in CalEEMod. Future updates to Title 24 as they relate to the Building Energy Efficiency Standards should be incorporated into CalEEMod as applicable.

Mobile Source Emissions
CalEEMod quantifies mobile source emissions generated by vehicle trips associated with the proposed plan/project. If available, plan/project-specific trip generation rates or VMT data should be input in CalEEMod.

Water and Wastewater Emissions
The amount of water used, and the amount of wastewater generated by a plan/project generate indirect GHG emissions. These emissions are a result of the energy used to supply, convey, and treat water and wastewater. In addition to the indirect GHG emissions associated with energy use, the wastewater treatment process itself can directly emit both CH4 and N2O.

CalEEMod calculates indoor residential water consumption based on per capita daily water use rates from the Residential End Uses of Water published by the Water Research Foundation in 2016. For non-residential land uses, indoor water use comes from the Pacific Institute’s (2003) Waste Not, Want Not: The Potential for Urban Water Conservation in California.31 Outdoor water use is based on the Maximum Applied Water Allowance Method established under the Model Water Efficient Landscape Ordinance. Wastewater generation is based on a reported percentage of total indoor water use.

Future updates to Title 24 as they relate to CALGreen water efficiency requirements should be incorporated into CalEEMod as applicable.

Solid Waste Emissions
The disposal of solid waste produces GHG emissions from the transportation of waste, anaerobic decomposition in landfills, and incineration. To calculate the GHG emissions generated by solid waste disposal, the total volume of solid waste is calculated using waste disposal rates identified by CalRecycle. The methods for quantifying GHG emissions from solid waste are based on the IPCC method, using the degradable organic content of waste. CEQA document preparers should contact the City's Environmental Services Division to obtain the City’s most recent solid rate diversion rate to be included in the calculation of solid waste GHG emissions.

Plan or Project Design Features
CEQA document preparers should use the “Mitigation” tabs in CalEEMod to include project design features applicable to the plan/project.32 These features often include increased density, improved destination accessibility, proximity to transit, integration of below market rate housing, unbundling of parking costs, provision of transit subsidies, implementation of alternative work schedules, use of

30 Lane, Catherine. 2023.” How much electricity does a solar panel produce?” Last updated: June 13, 2023. https://www.solarpowerrocks.com/solar-basics/how-much-electricity-does-a-solar-panel-produce/. 31CAPCOA. 2022. California Emissions Estimator Model User Guide: Version 2022.1. Prepared by ICF in collaboration with Sacramento Metropolitan Air Quality Management District, Fehr & Peers, STI, and Ramboll. http://www.aqmd.gov/caleemod/user's-guide. 32 “Mitigation” is a term of art for the modeling input and is not equivalent to mitigation measures that may apply to the CEQA impact analysis.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

34 energy- and/or water-efficient appliances, use of reclaimed and/or grey water, and installation of water-efficient irrigation system. Users should consider the applicability of these features to the plan/project and review the CAPCOA Quantifying Greenhouse Gas Mitigation Measures (2010) publication to ensure that the chosen features are relevant and feasible in light of the plan/project.33
Residents, Employees, and Service Populations
The quantitative thresholds presented in Chapter 5, Utilizing Quantitative CEQA GHG Thresholds, are expressed in terms of per resident for residential projects, per employee for non-residential projects, and per service person for mixed-use projects. Estimates of the resident, employee, or service population for a plan/project should be based on substantial evidence. Data provided by the applicant as well as the following resources may be utilized in estimating resident and employee populations:
 Persons per Household. Users should refer to the California Department of Finance website (https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/) for the most recent estimate of persons per household in Hayward. This estimate can be multiplied by the number of proposed residential units to estimate a plan/project’s resident population.  Proposed Number of Beds. For projects such as group homes, assisted living facilities, nursing homes, or similar uses, the number of beds can be used to determine the resident population.  United States Green Building Council. The United States Green Building Council has published a summary of building area per employee by business type. These rates, which are expressed in terms of square feet per employee, can be utilized to estimate the number of employees a plan/project would require. This document is included as Appendix C.

6.3 Modeling GHG Emissions from Existing Land Use
For a plan/project that would result in a change in the plan area/project’s site General Plan land use designation, emissions anticipated for the existing (2040) General Plan land use designation must be calculated in conjunction with emissions for the proposed plan/project to demonstrate whether the plan/project would be more or less GHG-intensive than development anticipated for the existing (2040) General Plan land use designation for the site. In this case, GHG emissions should be reported for both the existing and proposed scenarios.

Emissions anticipated for the existing land use should be quantified using the methods described in Section 6.1, Construction Emissions, and Section 6.2, Operational Emissions with consistent assumptions between the two scenarios as applicable. Any emission reduction credits applied to the proposed plan/project scenario that are related to State legislation/policies (e.g., the RPS, vehicle standards, Title 24) or the plan area/project site location (e.g., proximity to transit, destination accessibility, etc.) should also be applied to the existing scenario.

Emission reduction credits that are specific to the proposed plan/project (e.g., use of recycled water, increased density, installation of energy and/or water-efficient appliances, integration of below market rate housing, etc.) should only be included for the proposed plan/project scenario. In addition, care should be taken to identify any emission reduction credits that might be unique to the existing land use designation that would not apply to the proposed plan/project. For example, if the

33 CAPCOA. 2010. Quantifying Greenhouse Gas Mitigation Measures. August 2010. http://www.capcoa.org/wp- content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf.

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Final Report 35
existing land use designation allows for single-family residences and the proposed land use designation would allow for only commercial uses, then the existing scenario should include the emission reduction credit associated with the 2022 Building Energy Efficiency Standards requirements for PV solar panels on residential uses that are three stories or less whereas the proposed plan/project scenario should not include this credit unless PV solar panels are included as a plan/project design feature.

City of Hayward
California Environmental Quality Act Greenhouse Gas Emissions Thresholds and Guidance

36 7 Moving into the Future
Full implementation of the Hayward CAP will reduce communitywide GHG emissions by approximately 46 percent below 1990 levels by 2030 and 81 percent by 2045, which would leave a gap of approximately 183,834 MT of CO2e per year in 2045 that will need to be addressed to achieve carbon neutrality. This gap represents emissions that could be addressed by laws, regulations, policies, programs, and ordinances set forth by the federal and State governments, regional agencies, and local partners. The gap also represents the uncertainty that the City faces in taking a leadership role in addressing a challenge that has not been previously solved.

Hayward is committed to embracing that uncertainty, striving toward constant learning, engaging in systemic change using the tools and actions that local governments are uniquely suited to carry out, and positioning itself to take full advantage of future innovations, technologies, and policies and legislation that may be undertaken at the State and federal level. Technological innovation, clean- tech innovation, and changes to climate related policy and regulation occur rapidly. Several of the State’s most successful environmental policy initiatives, including the Renewables Portfolio Standard (RPS), also had a gap between what was known at the time of adoption and eventual successful implementation. By committing to the ambitious target of carbon neutrality by 2045, Hayward intends to catalyze innovation, invite resources from funding sources and partners, and provide climate leadership.

The CAP acknowledges that additional actions beyond those identified in the plan will be necessary to achieve carbon neutrality and, therefore, provides a mechanism for updating and adopting a new CAP every five to ten years (with regular assessment of progress) in order to incorporate new measures and innovative technologies that will further Hayward toward meeting its goal of carbon neutrality. As the CAP is updated, the associated CEQA GHG Emissions Analysis Compliance Checklist will also be updated as needed to incorporate new measures and actions that discretionary development projects will need to incorporate, as applicable, to demonstrate consistency with the latest CAP. At the time at which the City identifies measures to achieve its carbon neutrality goal in totality, the City will adopt those measures in a public process following CEQA review, at which time that updated CAP will become a qualified GHG emission reduction plan for projects with post-2030 buildout years. However, the quantitative thresholds included in this guidance document will not need to be updated, because residential, non-residential, and mixed-use projects with post-2030 buildout years will still need to achieve GHG emissions equivalent to zero MT of CO2e per year to demonstrate consistency with the Hayward CAP.

Finally, if future amendments or updates of the Hayward Land Use Element, Mobility Element, and/or Housing Element occur, then such amendments or updates will be incorporated into future updates of the Hayward CAP to ensure that project applicants can continue to utilize the streamlining process, which is partly dependent on a plan’s/project’s consistency with the demographic forecasts and land use assumptions based on the General Plan Land Use and Housing Elements to the greatest extent practicable.

Appendix A
Overview of GHG Emissions and Climate Change

Overview of GHG Emissions and Climate Change

Final Report A-1
Overview of GHG Emissions and Climate
Change
Climate Change and Greenhouse Gases
Climate change is the observed increase in the average temperature of Earth’s atmosphere and oceans along with other substantial changes in climate (such as wind patterns, precipitation, and storms) over an extended period. The term “climate change” is often used interchangeably with the term “global warming,” but “climate change” is preferred to “global warming” because it helps convey other changes in addition to rising temperatures. The baseline against which these changes are measured originates from historical records identifying temperature changes that have occurred in the past, such as during previous ice ages. The global climate changes continuously, as evidenced by repeated episodes of substantial warming and cooling documented in the geologic record. The rate of change has typically been incremental, with warming or cooling trends occurring over the course of thousands of years. The past 10,000 years have been marked by a period of incremental warming, as glaciers have steadily retreated across the globe. However, scientists have observed substantial acceleration in the rate of warming during the past 150 years. The United Nations Intergovernmental Panel on Climate Change (IPCC) expressed that the rise and continued growth of atmospheric CO
2 concentrations is unequivocally due to human activities in the IPCC’s Sixth Assessment Report from 2021. Human influence has warmed the atmosphere, ocean, and land, which has led the climate to warm at an unprecedented rate in the last 2,000 years. It is estimated that between the period of 1850 through 2019, that a total of 2,390 gigatonnes of anthropogenic CO
2 was emitted. It is likely that anthropogenic activities have increased the global surface temperature by approximately 1.07 degrees Celsius between the years 2010 through 2019.34 Furthermore, since the late 1700s, estimated concentrations of CO2, methane, and nitrous oxide in the atmosphere have increased by over 43 percent, 156 percent, and 17 percent, respectively, primarily due to human activity.35 Emissions resulting from human activities are thereby contributing to an average increase in Earth’s temperature.

Gases that absorb and re-emit infrared radiation in the atmosphere are called GHGs. The gases widely seen as the principal contributors to human-induced climate change include carbon dioxide (CO2), methane (CH4), nitrous oxides (N2O), fluorinated gases such as hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Water vapor is excluded from the list of GHGs because it is short-lived in the atmosphere, and natural processes, such as oceanic evaporation, largely determine its atmospheric concentrations.

GHGs are emitted by natural processes and human activities. Of these gases, CO2 and CH4 are emitted in the greatest quantities from human activities. Emissions of CO2 are usually by-products of fossil fuel combustion, and CH4 results from off-gassing associated with agricultural practices and

34 Intergovernmental Panel on Climate Change (IPCC). 2021. Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [Masson-Delmotte, V., P. Zhai, A. Pirani, S. L.

Connors, C. Péan, S. Berger, N. Caud, Y. Chen, L. Goldfarb, M. I. Gomis, M. Huang, K. Leitzell, E. Lonnoy, J.B.R. Matthews, T. K. Maycock, T.

Waterfield, O. Yelekçi, R. Yu and B. Zhou (eds.)] Cambridge University Press. https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_Full_Report.pdf 35 United States Environmental Protection Agency (U.S. EPA). 2021. Climate Change Indicators: Atmospheric Concentrations of Greenhouse Gases. Last updated April 2021. https://www.epa.gov/climate-indicators/climate-change-indicators-atmospheric- concentrations-greenhouse-gases
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A-2
landfills. Human-made GHGs, many of which have greater heat-absorption potential than CO2, include fluorinated gases and SF6.36
Different types of GHGs have varying global warming potentials (GWP). The GWP of a GHG is the potential of a gas or aerosol to trap heat in the atmosphere over a specified timescale (generally, 100 years). Because GHGs absorb different amounts of heat, a common reference gas (CO2) is used to relate the amount of heat absorbed to the amount of the gas emitted, referred to as “carbon dioxide equivalent” (CO2e), which is the amount of GHG emitted multiplied by its GWP. Carbon dioxide has a 100-year GWP of one. By contrast, methane has a GWP of 30, meaning its global warming effect is 30 times greater than CO2 on a molecule per molecule basis.37,38 The accumulation of GHGs in the atmosphere regulates the earth’s temperature. Without the natural heat-trapping effect of GHGs, the earth’s surface would be about 33 degrees Celsius (°C) cooler.39 However, since 1750, estimated concentrations of CO2, CH4, and N2O in the atmosphere have increased by 36 percent, 148 percent, and 18 percent, respectively, primarily due to human activity.40 GHG emissions from human activities, particularly the consumption of fossil fuels for electricity production and transportation, are believed to have elevated the concentration of these gases in the atmosphere beyond the level of concentrations that occur naturally.

Greenhouse Gas Emissions Inventories
Global Emissions Inventory
In 2015, worldwide anthropogenic GHG emissions totaled 47,000 MMT of CO2e, which is a 43 percent increase from 1990 GHG levels. The largest source of GHG emissions were energy production and use (includes fuels used by vehicles and buildings), which accounted for 75 percent of the global GHG emissions. Agriculture uses and industrial processes contributed 12 percent and six percent, respectively. Waste sources contributed three percent. These sources account for approximately 96 percent.
41 36 U.S. EPA. 2021. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2019. April 2021. https://www.epa.gov/system/files/documents/2022-02/us-ghg-inventory-2022-main-text.pdf 37 The IPCC’s Sixth Assessment Report from 2021 determined that methane has a GWP of 30. However, the 2017 Climate Change Scoping Plan published by the California Air Resources Board uses a GWP of 25 for methane, consistent with the Intergovernmental Panel on Climate Change’s Fourth Assessment Report from 2007. Therefore, this analysis utilizes a GWP of 25. 38 IPCC. 2021. Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [Masson-Delmotte, V., P. Zhai, A. Pirani, S. L. Connors, C. Péan, S. Berger, N. Caud, Y. Chen, L.

Goldfarb, M. I. Gomis, M. Huang, K. Leitzell, E. Lonnoy, J.B.R. Matthews, T. K. Maycock, T. Waterfield, O. Yelekçi, R. Yu and B. Zhou (eds.)] Cambridge University Press. https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_Full_Report.pdf 39 World Meteorological Organization. 2020. “Greenhouse Gases.” https://public.wmo.int/en/our-mandate/focus- areas/environment/greenhouse%20gases
40 Forster, P., V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J. Lean, D.C. Lowe, G. Myhre, J. Nganga, R. Prinn, G. Raga, M. Schulz and R. Van Dorland. 2007. Changes in Atmospheric Constituents and in Radiative Forcing. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. https://www.ipcc.ch/site/assets/uploads/2018/02/ar4-wg1-chapter2-1.pdf 41 U.S. EPA. 2023. Climate Change Indicators: Global Greenhouse Gas Emissions. Available at: https://www.epa.gov/climate- indicators/climate-change-indicators-global-greenhouse-gas-emissions Overview of GHG Emissions and Climate Change

Final Report A-3
United States Emissions Inventory
United States GHG emissions were 6,347.7 MMT of CO2e in 2021 (or 5,593.5 MMT CO2e after accounting for sequestration), a 6.8 percent increase from 2020 emissions. The increase from 2020 to 2021 was driven by an increase in CO2 emissions from fossil fuel combustion which increased 7 percent relative to previous years and is primarily due to the economic rebounding after the COVID- 19 pandemic. In 2020, the energy sector (including transportation) accounted for 81 percent of nationwide GHG emissions while agriculture, industrial and waste accounted for approximately 10 percent, 6 percent, and 3 percent respectively.42
California Emissions Inventory
Based on a review of the CARB California Greenhouse Gas Inventory for the years between 2000- 2020, California produced 369.2 MMT of CO2e in 2020, which is 35.3 MMT of CO2e lower than 2019 levels. The 2019 to 2020 decrease in emissions is likely due in large part to the impacts of the COVID-19 pandemic. The major source of GHG emissions in California is the transportation sector, which comprises 37 percent of the state’s total GHG emissions. The industrial sector is the second largest source, comprising 20 percent of the state’s GHG emissions while electric power accounts for approximately 16 percent. The magnitude of California’s total GHG emissions is due in part to its large size and large population compared to other states. However, a factor that reduces California’s per capita fuel use and GHG emissions as compared to other states is its relatively mild climate. In 2016, the state of California achieved its 2020 GHG emission reduction target of reducing emissions to 1990 levels as emissions fell below 431 MMT of CO
2e.43 The annual 2030 statewide target
emissions level is 260 MMT of CO2e.44
Potential Effects of Climate Change
Globally, climate change has the potential to affect numerous environmental resources through potential impacts related to future air temperatures and precipitation patterns. Scientific modeling predicts that continued GHG emissions at or above current rates would induce more extreme climate changes during the 21
st century than were observed during the 20th century. Long-term trends have found that each of the past four decades has been warmer than all the previous decades in the instrumental record and the decade from 2011 through 2020 has been the warmest.

The observed global mean surface temperature (GMST) for the decade from 2011 to 2020 was approximately 1.09°C (0.95°C to 1.20°C) higher than the average GMST over the period from 1850 to 1900. Due to past and current activities, anthropogenic GHG emissions are increasing global mean surface temperature at a rate of 0.2°C per decade. In addition to these findings, the latest IPCC report states that “human-induced climate change is already affecting many weather and climate extremes in every region across the globe.”
45 These climate change impacts include climate change

42 U.S. EPA. 2023. Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2021. Available at:
https://www.epa.gov/system/files/documents/2023-04/US-GHG-Inventory-2023-Main-Text.pdf 43 CARB. 2022. 2022 Scoping Plan for Achieving Carbon Neutrality. Available at: https://ww2.arb.ca.gov/sites/default/files/2023-04/2022- sp.pdf
44 CARB. 2017. California’s 2017 Climate Change Scoping Plan. Available at:
https://ww2.arb.ca.gov/sites/default/files/classic/cc/scopingplan/scoping_plan_2017.pdf 45 IPCC. 2021. Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [Masson-Delmotte, V., P. Zhai, A. Pirani, S. L. Connors, C. Péan, S. Berger, N. Caud, Y. Chen, L.

A-4
sea level rise, increased weather extremes, and substantial ice loss in the Arctic over the past three decades.

According to California’s Fourth Climate Change Assessment, Statewide temperatures from 1986 to 2016 were approximately 0.6 to 1.1°C higher than those recorded from 1901 to 1960. Potential impacts of climate change in California may include reduced water supply from snowpack, sea level rise, more extreme heat days per year, more large forest fires, and more drought years.46 In addition to Statewide projections, California’s Fourth Climate Change Assessment includes regional reports that summarize climate impacts and adaptation solutions for nine regions of the State and regionally-specific climate change case studies.
47 However, while there is growing scientific
consensus about the possible effects of climate change at a global and Statewide level, current scientific modeling tools are unable to predict what local impacts may occur with a similar degree of accuracy. A summary follows of some of the potential effects that could be experienced in California as a result of climate change.

Hydrology and Sea Level Rise
Climate change could affect the intensity and frequency of storms and flooding.48 Furthermore, climate change could induce substantial sea level rise in the coming century. Rising sea level increases the likelihood of and risk from flooding. The rate of increase of global mean sea levels between 1993 to 2020, observed by satellites, is approximately 3.3 millimeters per year, double the twentieth century trend of 1.6 millimeters per year.49,50 Global mean sea levels in 2013 were about

0.23 meter higher than those of 1880.51 Sea levels are rising faster now than in the previous two millennia, and the rise will probably accelerate, even with robust GHG emission control measures.

The most recent IPCC report predicts a mean sea level rise of 11 to 21.5 inches by 2100 under the lowest emissions scenario and a rise of 25 to 40 inches by 2100 under the very high emissions scenario.52
A rise in sea levels could erode 31 to 67 percent of California beaches and cause flooding of approximately 370 miles of coastal highways during 100-year storm events. This would also jeopardize California’s water supply due to saltwater intrusion and induce groundwater flooding and/or exposure of buried infrastructure.
53 Furthermore, increased storm intensity and frequency could affect the ability of flood-control facilities, including levees, to handle storm events.

46 California, State of. 2018. California’s Fourth Climate Change Assessment Statewide Summary Report. August 27, 2018. https://www.energy.ca.gov/sites/default/files/2019-11/Statewide_Reports-SUM-CCCA4-2018-013_Statewide_Summary_Report_ADA.pdf 47 Ibid.
48 Ibid.
49 World Meteorological Organization. 2013. A summary of current and climate change findings and figures: a WMO information note.

March 2013. https://library.wmo.int/opac/index.php?lvl=notice_display&id=15892#.Wt9-Z8gvzIU 50 National Aeronautics and Space Administration. 2020. “Global Climate Change – Vital Signs of the Planet – Sea Level.” https://climate.nasa.gov/vital-signs/sea-level/
51 Ibid.
52 IPCC. 2021. Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [Masson-Delmotte, V., P. Zhai, A. Pirani, S. L. Connors, C. Péan, S. Berger, N. Caud, Y. Chen, L.

Final Report A-5
Air Quality
Scientists project that the annual average maximum daily temperatures in California could rise by

2.4 to 3.2°C in the next 50 years and by 3.1 to 4.9°C in the next century.54 Higher temperatures are conducive to air pollution formation, and rising temperatures could therefore result in worsened air quality in California. As a result, climate change may increase the concentration of ground-level ozone, but the magnitude of the effect, and therefore its indirect effects, are uncertain. In addition, as temperatures have increased in recent years, the area burned by wildfires throughout the State has increased, and wildfires have occurred at higher elevations in the Sierra Nevada Mountains. 55 If
higher temperatures continue to be accompanied by an increase in the incidence and extent of large wildfires, air quality could worsen. Severe heat accompanied by drier conditions and poor air quality could increase the number of heat-related deaths, illnesses, and asthma attacks throughout the State. However, if higher temperatures are accompanied by wetter, rather than drier conditions, the rains could tend to temporarily clear the air of particulate pollution, which would effectively reduce the number of large wildfires and thereby ameliorate the pollution associated with them. 56 Water Supply
Analysis of paleoclimatic data (such as tree-ring reconstructions of stream flow and precipitation) indicates a history of naturally and widely varying hydrologic conditions in California and the west, including a pattern of recurring and extended droughts. Uncertainty remains with respect to the overall impact of climate change on future precipitation trends and water supplies in California.

Year-to-year variability in Statewide precipitation levels has increased since 1980, meaning that wet and dry precipitation extremes have become more common. 57 This uncertainty regarding future
precipitation trends complicates the analysis of future water demand, especially where the relationship between climate change and its potential effect on water demand is not well understood. The average early spring snowpack in the western U.S., including the Sierra Nevada Mountains, decreased by about 10 percent during the last century. During the same period, sea level rose over 0.15 meter along the central and southern California coasts. 58 The Sierra snowpack
provides the majority of California's water supply as snow that accumulates during wet winters is released slowly during the dry months of spring and summer. A warmer climate is predicted to reduce the fraction of precipitation that falls as snow and the amount of snowfall at lower elevations, thereby reducing the total snowpack.
59 Projections indicate that average spring
snowpack in the Sierra Nevada and other mountain catchments in central and northern California will decline by approximately 66 percent from its historical average by 2050.60

54 Ibid.
55 Ibid.
56 California Natural Resources Agency. 2009. 2009 California Climate Adaptation Strategy. March 2009. http://resources.ca.gov/docs/climate/Statewide_Adaptation_Strategy.pdf 57 California Department of Water Resources. 2018. Indicators of Climate Change in California. May 2018. https://oehha.ca.gov/media/downloads/climate-change/report/2018caindicatorsreportmay2018.pdf 58 California, State of. 2018. California’s Fourth Climate Change Assessment Statewide Summary Report. August 27, 2018. https://www.energy.ca.gov/sites/default/files/2019-11/Statewide_Reports-SUM-CCCA4-2018-013_Statewide_Summary_Report_ADA.pdf 59 Ibid.
60 Ibid.

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Agriculture
California has an over $51 billion annual agricultural industry that produces over a third of the country’s vegetables and three-quarters of the country’s fruits and nuts.61 Higher CO2 levels can stimulate plant production and increase plant water-use efficiency. However, if temperatures rise and drier conditions prevail, certain regions of agricultural production could experience water shortages of up to 16 percent, which would increase water demand as hotter conditions lead to the loss of soil moisture. In addition, crop yield could be threatened by water-induced stress and extreme heat waves, and plants may be susceptible to new and changing pest and disease outbreaks (California Natural Resource Agency 2019). Temperature increases could also change the time of year certain crops, such as wine grapes, bloom or ripen, and thereby affect their quality.62 Ecosystems and Wildlife
Climate change and the potential resultant changes in weather patterns could have ecological effects on the global and local scales. Soil moisture is likely to decline in many regions as a result of higher temperatures, and intense rainstorms are likely to become more frequent. Rising temperatures could have four major impacts on plants and animals: timing of ecological events; geographic distribution and range of species; species composition and the incidence of nonnative species within communities; and ecosystem processes, such as carbon cycling and storage. 63,64

61 California Department of Food and Agriculture. 2022. California Agricultural Production Statistics. Available at:
https://www.cdfa.ca.gov/Statistics/
62 California Climate Change Center (CCCC). 2006. Climate Scenarios for California. 63 Parmesan, C. August 2006. Ecological and Evolutionary Responses to Recent Climate Change. 64 California, State of. 2018. California’s Fourth Climate Change Assessment Statewide Summary Report. August 27, 2018. https://www.energy.ca.gov/sites/default/files/2019-11/Statewide_Reports-SUM-CCCA4-2018-013_Statewide_Summary_Report_ADA.pdf

Appendix B
CEQA GHG Threshold Calculations
CEQA GHG Threshold Calculations

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CEQA GHG Threshold Calculations

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Appendix C
United States Green Building Council Building Area per Employee by Business Type Rates65

65 United States Green Building Council. 2008. “Building Area per Employee by Business Type.” May 13, 2008.

United States Green Building Council Building Area per Employee by Business Type Rates

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P O L I C Y D O C U M E N T: PA RT 4

G E N E R A L P L A N

A D M I N I S T R AT I O N A N D

I M P L E M E N TAT I O N
If the City’s General Plan is to serve its purpose effectively, it must be reviewed, maintained, and implemented in a systematic and consistent manner. Implementation of the General Plan will occur through participation by a number of parties including residents, elected and appointed City officials, City staff, and City partners (e.g., HARD). Part 4 of the General Plan provides direction on how the City will implement and maintain the General Plan and sets out specific actions the City will undertake to achieve the goals and policies of the General Plan.

This Part begins with a summary of priority implementation programs for carrying out the General Plan, particularly those that need to be undertaken in the first three years (2001 4–2016). This is followed by an outline of the process for reviewing and updating the General Plan and a program for monitoring its implementation. It also outlines requirements for implementing the City’s General Plan consistent with its goals, policies, standards, and programs , and provides an overview of the types of actions or tools the City will use to implement the Plan’s policies. It concludes with tables that list specific implementation programs , organized by the topics addressed in the General Plan Elements.

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Priority Implementation Programs
The General Plan contains a vision and set of goals and policies that are desirable for the community to achieve . Since everything cannot be accomplished immediately , the City has identified the following programs as highest priority for implementing the General Plan, particularly in the near term. These have been selected because they are likely to be most effective in transforming city operations and Hayward’s community character consistent with the General Plan’s Vision and Guiding Principles. However, the priority of specific actions or programs may change over time as community challenges, opportunities , and resources change. As the City implements programs on this priority list, the list will be adjusted to address new challenges facing the city. ▪ LU-1: Comprehensive Zoning Code Update
▪ LU-2: Comprehensive Subdivision Ordinance Update
▪ LU-15: State Historic Building Code
▪ M-1: Multimodal LOS and Design Standards
▪ M-2: Multimodal LOS Guidelines
▪ ED-9: Business Attraction , Expansion, and Retention Program ▪ ED-10: Town-Gown Partnership
▪ CS-2: Police Department Strategic Plan Annual Report
▪ CS-4: Homeless Services Partnership
▪ CS-9: Police and Fire Impact Fees
▪ CS-10: Disaster Awareness and Emergency Preparedness Program ▪ NR-8: Energy reduction Initiative and Annual Report
▪ NR-10: Financing Program for Residential Energy Efficiency Retrofits ▪ EDL-2: Education Partnership

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▪ EDL-5: Public School Marketing Campaign
▪ EDL-7: Library Bond
Administering the General Plan
The General Plan will be implemented through policy decisions, ordinances and regulations, and future actions that are consistent with the General Plan. The General Plan is a dynamic document that should be revised to reflect changing circumstances and priorities in the City. The City is responsible for tracking, reporting and evaluating its progress in implementing the General Plan.

State law provides direction on how cities can maintain the General Plan as a contemporary policy guide. It requires the City to report annually on “the status of the plan and progress in its implementation” (Government Code Section 65400[b]). The City must file annual progress reports on the implementation of the General Plan with the local legislative body, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD).

General Plan Maintenance and Monitoring
The City is committed to annually reviewing its progress in implementing the goals and policies of the General Plan. Since many of the factors and issues that the General Plan addresses change from year-to-year, an annual review and reporting of implementation will help ensure the City is moving forward to achieve the Plan’s vision. This review will report on the status of each specific implementation program in the General Plan and take into account the availability of new implementation tools, changes in funding sources, and feedback from Plan monitoring activities.

General Plan Review and Update
At least once every five years, the City will thoroughly review the General Plan and revise and update it as necessary. This review and update process will focus on Policy Document goals, policies, and implementation programs. Minor updates to the Background Report may also be made in order to maintain internal consistency between existing conditions and General Plan policy.

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General Plan Amendments
As conditions and needs change, the City will need to consider proposed amendments to the General Plan. State law limits general plan amendments to four per year, but each amendment can include multiple changes. Like the adoption of the General Plan itself, general plan amendments are subject to environmental review, public notice, and hearing requirements , and must not create inconsistencies with other parts of the plan. Some amendments will be policy changes, while many will likely be changes to the Land Use Diagram. Each of the changes will need to be carefully evaluated, not only for merit and potential impact, but also for consistency with the rest of the General Plan. State law requires that the general plan be an integrated and internally consistent set of goals, policies, standards, programs, and diagrams.

General Plan Consistency in Implementation
To ensure that the policies and proposals of the general plan are systematically implemented, State law requires that the actions and decisions of each local government concerning both its own projects and the private projects it approves are consistent with its adopted General Plan. The courts have supported and furthered this trend through their interpretations of State law.

The General Plan serves as a tool to align City decisions and actions with the community's vision.

The General Plan will be implemented through municipal policy decisions, ordinances and regulations, and future actions that are consistent with the General Plan. This includes City Council priority setting and initiatives, budgeting and capital improvement planning, decisions on public and private development projects, and City activities and programs. ▪ Decision-makers will be responsible for ensuring that their decisions reflect the community’s vision and are consistent with the goals and policies contained in the General Plan. They will ensure that sufficient resources are allocated to various departments to implement the General Plan. However, implementation of the General Plan is based on the availability of resources.

Some goals, policies and implementation programs may not be achieved as identified if resources are limited or unavailable.

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▪ City staff is responsible for ensuring that day -to-day operations and recommendations to decision-makers are consistent with the goals and policies contained in the General Plan. City staff recommendations to decision-makers should be prepared in consideration of General Plan consistency. Staff is also responsible for carrying out the implementation programs contained in the General Plan, and reporting on General Plan implementation.

Categories of Implementation Actions/Tools
The City will implement the goals and policies of the General Plan through many actions and tools that can be grouped according to the eight categories listed below. The two - to four-letter identifiers (italicized and in parentheses) are used in the General Plan to indicate how each policy will be implemented. The identifiers are also used in the Specific Implementation Programs to indicate the type of specific implementation program:
▪ Regulation and Development Review (RDR)
▪ City Master Plans, Strategies, and Programs (MPSP)
▪ Financing and Budgeting (FB)
▪ Planning Studies and Reports (PSR)
▪ City Services and Operations (CSO)
▪ Inter-governmental Coordination (IGC)
▪ Joint Partnerships with the Private Sector (JP)
▪ Public Information (PI)
Regulation and Development Review (RDR)
Many General Plan policies are implemented through regulations adopted by the City based on the city’s police power to protect the public health, safety, and welfare. City ordinances also create a development review process that provides for City review of individual project proposals and authorizes the City to approve, condition, or deny projects based on their consistency with the General Plan
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General Plan. The following is a list of regulatory procedures, plans, and ordinances commonly used to implement the General Plan:
▪ Master Plans
▪ Specific Plans
▪ Zoning Ordinance
▪ Subdivision Ordinance
▪ Building and other codes
▪ Habitat Conservation Plans
▪ California Environmental Quality Act (CEQA)
▪ Development Review
City Master Plans, Strategies, and Programs (MPSP)
The City has adopted many master plans, strategies, and programs focusing City attention on various types of city services and facilities, types of development, or geographic areas. These are prepared to provide more specific direction for city decision -makers, staff, and the public on how the General Plan will be implemented. They are not elements or components of the General Plan. The following is a partial list of master plans, strategies, and programs that the City has adopted or plans to adopt.

Specific implementation programs in Part 4 of the General Plan call for the annual or periodic review of many of these master plans, strategies, and programs in addition to adoption of some new master plans and strategies:
▪ Downtown City Center Specific Plan
▪ South Hayward BART Form-Based Code
▪ Mission Boulevard Specific Plan
▪ Hesperian Boulevard College Corridor Plan
▪ Industrial Technology and Innovation Corridor Plan
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▪ Mills Act Program
▪ Multimodal LOS and Design Standards
▪ Wayfinding Program
▪ Pedestrian Master Plan
▪ Bicycle Master Plan
▪ Economic Development Strategic Plan
▪ Industrial Technology and Innovation Corridor Marketing Strategy ▪ Business Attraction, Expansion, and Retention Program ▪ Town-Gown Economic Partnership
▪ Police Department Strategic Plan
▪ Homeless Services Partnership
▪ Fire Department Strategic Plan
▪ Disaster Awareness and Emergency Preparedness Program ▪ Energy Reduction Initiative
▪ Energy Efficiency Retrofits Financing Program
▪ Educational Resources for Hazardous Materials
▪ Cradle-to-Career Strategic Plan
▪ Public School Marketing Campaign
▪ Library Strategic Plan
▪ Capital Improvement Program
Financing and Budgeting (FB)
The development, maintenance, and operation of public facilities such as parks and drainage facilities and the provision of city services require financial resources that are derived from various General Plan
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sources. Programming of City capital projects and their funding over time is outlined in the City’s Capital Improvement Program, which is updated annually. The following is a list of revenue sources used by or available to the City to support development, maintenance, or operation of public facilities and services:
▪ Property tax
▪ Sales tax
▪ User fees
▪ Development fees
▪ Quimby Act (Park) dedications
▪ Business improvement districts
▪ Community facilities and special assessment districts ▪ Municipal bonds
▪ Special taxes
▪ County, state, and federal funding
Planning Studies and Reports (PSR)
The City conducts studies and produces reports to collect and evaluate information related to specific issues. These studies and reports are undertaken at the direction of the City Council as needed or are prepared annually to report on the status and implementation of the General Plan or a Master Plan.

City Services and Operations (CSO)
The City provides a broad range of services to its residents, businesses, and visitors and manages and operates its facilities to meet community needs. How the City provides services and carries out its operations makes a significant difference in how effectively the General Plan is implemented.

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Inter-governmental Coordination (IGC)
The City must coordinate with numerous local, regional, state, and federal agencies to implement the General Plan. These agencies provide services, facilities, or funding and administer regulations that directly or indirectly affect many issues addressed in the General Plan. The following is a partial list of public agencies that may play a role in implementing the General Plan:
▪ Local agencies , such as Alameda County, Alameda Local Agen cy Formation Commission (LAFCo), Hayward Unified School District, Hayward Area Recreation and Park District, and other special districts.
▪ Regional agencies, such as Association of Bay Area Governments (ABAG), Metropolitan Transportation Commission (MTC) , AC Transit, Bay Area Rapid Transit (BART), East Bay Regional Park District (EBRPD), and Bay Conservation and Development Commission (BCDC).
▪ State agencies, such as Caltrans, General Services, California Environmental Protection Agency (EPA), Native American Heritage Commission (NAHC) , and California State University , East Bay.
▪ Federal agencies , such as U.S. Coast Guar d, U.S. Military, U.S. Fis h and Wildlife Services (USFWS), U.S. Army Corps of Engineers, and Federal Emergency Management Agency (FEMA).

The City recognizes there are unique public and private partnerships. In those instances where there are public and private partnerships, it will involve both inter -governmental coordination and joint partnerships with the private sector, as described in more detail below.

Joint Partnerships with the Private Sector (JP)
The City can combine its efforts with private sector efforts to improve public service delivery, manage public sector assets, or leverage private sector investment. By expanding the role of the private sector, the City can use its technical, management, and financial resources in creative ways to achieve objectives of the General Plan.

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Public Information (PI)
The City can use a wide range of tools to keep the city’s residents informed of city services or other issues of current interest. Public information can be distributed through media such as brochures, pamphlets, the C ity’s website and social media sites , mobile device applications and notifications workshops, seminars, public access television, radio, newspapers, public hearings, neighborhood and community meetings, and customer service hotlines.

Specific Implementation Programs
Specific implementation programs are listed in the following tables. Similar to the policies, each implementation program is followed by a set of letters that identifies a type of action or tool that the City will use to carry out the implementation program. Following each implementation program is a description of which policy(ies) the program implements, which City department(s) is responsible for implementation, and which department(s) will support the responsible department(s). Each program also identifies a potential funding source for the program. This is intended only to inform the City budgeting process. It does not commit funding to a program for a given timeframe. The City will determine as part of the annual budget process which programs will be funded based on available City resources and needs. Finally, to the right of each program is a timeline that identifies when the implementation will be completed.

The implementation program tables are organized as follows:
▪ Table GPA: General Plan Administration Implementation Programs ▪ Table LU: Land Use and Community Character
▪ Table M: Mobility
▪ Table ED: Economic Development
▪ Table CS: Community Safety
▪ Table NR: Natural Resources
▪ Table HAZ: Hazards
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▪ Table EDL: Education and Life-Long Learning
▪ Table: HQL: Community Health and Quality of Life
▪ Table PFS: Public Facilities and Services
▪ Table H: Housing (to be incorporated)
▪ Table EJ: Environmental Justice

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Table GPA GENERAL PLAN IMPLEMENTATION
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. General Plan Annual Report. The City shall prepare and submit an annual report to the City Council that summarizes the implementation of the General Plan, including the status of implementation programs. The report shall also be submitted to the Office of Planning and Research. [Source: New Program; City Staff] (PSR)
✓
Implements Which Policy(ies) N/A
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, Fire, Public Works –
Utilities and Environmental ServicesPublic
Works & Utilities, City Manager, Police,
Maintenance Services, Library and
Community Services, City Attorney,
Information Technology
Funding Source(s) General Fund

2. General Plan Update. The City shall review and update (as necessary) the General Plan every five years. [Source: New Program; City Staff] (MPSP)
✓
Implements Which Policy(ies) N/A
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities, City Manager, Fire, Police,
Maintenance Services, Library and
Community Services, City Attorney,
Information Technology
Funding Source(s) General Fund

3. Master Plans, Strategies, and Programs Updates. As part of its process to develop the Biennial Operating Budget, the City shall review a list of its adopted master plans, strategies, and programs and identify those that will be reviewed and updated, as necessary. The City shall develop and maintain a publicly available list of its adopted master plans, strategies, and programs. [Source: New Program; City Staff] (MPSP)
✓ ✓
Implements Which Policy(ies) N/A
Responsible Department(s) Development Services
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Table GPA GENERAL PLAN IMPLEMENTATION
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities, City Manager, Fire, Police,
Maintenance Services, Library and
Community Services, City Attorney,
Information Technology

Funding Source(s) General Fund

General Plan
City of Hayward Policy Document

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Table LU LAND USE AND COMMUNITY CHARACTER
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Comprehensive Zoning Ordinance Update. The City shall prepare a comprehensive update to the Hayward Zoning Ordinance to ensure that the City’s zoning regulations align with the guiding principles, goals, and policies of the General Plan.
[Source: New Program; City Staff] (RDR)
✓ Implements Which Policy(ies)
LU-1.4, LU-1.6, LU-1.9, LU-3.1, LU-3.3,
LU-3.4, LU-3.5, LU-3.6, LU-4.1, LU-4.2,
LU-4.3, LU-5.1, LU-5.2, LU-5.4, LU-5.7,
LU-6.1, LU-6.2, LU-6.4, LU-6.5, M-10.2,
ED-1.3, ED-1.12, ED-1.15, ED-6.2, NR-1.7,
NR-3.3, NR-6.6, EDL-1.4, HAZ-6.3, HQL-

3.1, HQL-3.2, HQL-3.4, HQL-3.5, HQL-

3.6, HQL-3.8, HQL-4.3, HQL-6.5, HQL-8.3
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities, Fire, City Manager,
Funding Source(s) General Fund, Grants

2. Comprehensive Subdivision Ordinance Update. The City shall prepare a comprehensive update to the Hayward Subdivision Ordinance to ensure that the City’s subdivision regulations align with the guiding principles, goals, and policies of the General Plan. [Source: New Program; City Staff] (RDR)
✓ Implements Which Policy(ies) LU-1.9, LU-3.6, NR-6.6 Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
City Manager, Public Works – Engineering
and Transportation, Public Works – Utilities
and Environmental ServicesPublic Works &
Utilities, Police, Fire
Funding Source(s) General Fund, Grants

3. Comprehensive Design Guidelines Update. The City shall prepare a comprehensive update of the Hayward Design Guidelines and the Hillside Design and Urban Wildland Interface Guidelines. The guidelines shall apply to commercial, residential, industrial, and mixed-use developments located outside of the City’s Priority Development Areas. [Source: New Program; City Staff] (RDR)
✓
General Plan
Policy Document Administration and Implementation

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Table LU LAND USE AND COMMUNITY CHARACTER
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies)
LU-1.7, LU-1.8, LU-1.9, LU-3.4, LU-3.6,
LU-3.7, LU-3.8, LU-3.9, LU-4.4, LU-4.5,
LU-4.6, LU-4.8, LU-5.3, LU-5.4, LU-5.7,
LU-6.7, LU-6.8, LU-7.1, LU-7.2, LU-7.3,
LU-7.4, LU-7.5, LU-7.6, ED-5.5, HAZ-5.1
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities, Fire, Police, City Manager
Funding Source(s) General Fund, Grants

4. Downtown City Center Specific Plan. City shall develop and adopt a Downtown City Center Specific Plan. [Source: New Program; City Staff] (MPSP)
✓
Implements Which Policy(ies)
LU-1.3, LU-1.4, LU-1.5, LU-1.6, LU-1.9,
LU-2.1, LU-2.2, LU-2.3, LU-2.4, LU-2.5,
LU-2.6, LU-2.7, LU-2.14, LU-2.15, LU-

2.16, LU-2.17, ED-1.14, ED-1.15, M-4.8,
M-7.4, M-9.5, M-9.8
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
City Manager, Public Works – Engineering
and Transportation, Public Works – Utilities
and Environmental ServicesPublic Works &
Utilities, Police, Fire, Library and
Community Services
Funding Source(s) General Fund, Grants

5. Priority Development Area Marketing Strategy. The City shall prepare, implement, and maintain a Priority Development Area Marketing Strategy.

Based on the findings of the strategy, the City shall develop an implementation program to promote development opportunities within the City’s Priority Development Areas. [Source: New Program; City Staff] (MPSP/CSO)
✓ ✓
Implements Which Policy(ies) LU-1.3, LU-1.4, LU-1.5, LU-1.6, LU-1.10, LU-2.1, LU-2.8, LU-2.10, LU-2.12
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund, Grants
General Plan
City of Hayward Policy Document

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Table LU LAND USE AND COMMUNITY CHARACTER
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

6. Complete Neighborhood Strategy. The City shall develop and implement a community outreach program to identify various types of complimentary and supporting uses that are needed and desired in each Hayward neighborhood. Based on the findings of the outreach program, the City shall develop an implementation program to facilitate desired changes within local neighborhoods. [Source: New Program; City Staff] (MPSP) ✓ Implements Which Policy(ies) LU-1.6, LU-3.1, LU-3.2, LU-3.3 Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Library and
Community Services, Public Works –
Utilities and Environmental ServicesPublic
Works & Utilities
Funding Source(s) General Fund, Grants

7. “A” Street and Redwood Road Corridor Plan Feasibility Report. The City shall coordinate with Alameda County to explore the feasibility of preparing a master plan or specific plan for the “A” Street and Redwood Road corridor. The City shall submit a feasibility report to the City Council, and additional actions shall be determined based on Council direction. [Source: New Program; City Staff] (IGC/PSR)
✓ Implements Which Policy(ies) LU-4.13
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
City Manager, Public Works – Engineering
and Transportation, Public Works – Utilities
and Environmental ServicesPublic Works &
Utilities, Police, Fire, Alameda County
Funding Source(s) General Fund, Grants

8. Hesperian Boulevard College Corridor Plan. The City shall develop and adopt a master plan or specific plan to enhance the Hesperian Boulevard corridor. [Source: New Program; City Staff] (MPSP) ✓
Implements Which Policy(ies) LU-4.12, LU-1.9
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
City Manager, Public Works – Engineering
and Transportation, Public Works – Utilities
and Environmental ServicesPublic Works &
Utilities, Police, Fire
Funding Source(s) General Fund, Grants
General Plan
Policy Document Administration and Implementation

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Table LU LAND USE AND COMMUNITY CHARACTER
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

9. Corridor Beautification Plan. The City shall develop and adopt a Corridor Beautification Plan as the key regulatory document for focusing future streetscape improvements along major streets and corridors throughout the city. [Source: New Program, City staff] (MPSP) ✓
Implements Which Policy(ies) LU-4.11, LU-4.15
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Utilities and Environmental
ServicesPublic Works & Utilities, Public
Works – Engineering and Transportation,
City Manager
Funding Source(s) General Fund

10. Sign Ordinance Update. The City shall update the Sign Ordinance. [Source: New Program; City Staff] (RDR)
✓
Implements Which Policy(ies) LU-4.6
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Funds, Grants

11. Industrial Technology and Innovation Corridor Plan. The City shall develop and adopt a specific plan or master plan for the Industrial Technology and Innovation Corridor. [Source: New Program; City Staff] (MPSP)
✓
Implements Which Policy(ies)
ED-1.3, ED-1.15, ED-1.16, ED-6.2, ED-6.9,
EDL-1.4, LU-1.9, LU-6.1, LU-6.2, LU-6.3,
LU-6.4, LU-6.5, LU-6.6, LU-6.7, LU-6.8
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
City Manager, Public Works – Engineering
and Transportation, Public Works – Utilities
and Environmental ServicesPublic Works &
Utilities, Police, Fire, City Attorney
Funding Source(s) General Fund, Grants

12. Grading and Clearing Ordinance Update. The City shall update the Grading and Clearing Ordinance. [Source: New Program; City Staff] (RDR)
✓ Implements Which Policy(ies) LU-1.9, LU-7.1, LU-7.2, LU-7.3, LU-7.4 Responsible Department(s) Public Works – Engineering and Transportation
General Plan
City of Hayward Policy Document

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Table LU LAND USE AND COMMUNITY CHARACTER
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Supporting Department(s)/
Partner(s)
Development Services , Public Works –
Utilities and Environmental ServicesPublic
Works & Utilities, Fire
Funding Source(s) General Fund, Grants

13. Certified Local Government Program. The City shall coordinate with the State Historic Preservation Office to initiate and complete the process for becoming a Certified Local Government under the National Parks Service historic preservation program. [Source: New Program; City Staff] (MPSP/IGC)
✓ Implements Which Policy(ies) LU-8.1, LU-8.2
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
City Manager, State Historic Preservation
Office
Funding Source(s) General Fund, Grants

14. Historic Districts Strategy. The City shall prepare and submit applications to the State Historic Preservation Office to establish National Park Service Historic Districts for the Upper “B” Street neighborhood; “B” Street Historic Streetcar District; Prospect Hill Neighborhood; and the Downtown Historic District. [Source: New Program; City Staff] (MPSP/IGC) ✓
Implements Which Policy(ies) LU-8.2, LU-8.7
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

15. State Historic Building Code. The City shall develop and adopt an ordinance to allow the use of the State Historic Building Code for the rehabilitation of historic resources. [Source: New Program; City Staff] (RDR)
✓ Implements Which Policy(ies) LU-8.9
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

16. Mills Act Program. The City shall develop and adopt a California Mills Act Property Tax Abatement Program. [Source: New Program; City Staff] (MPSP) ✓ ✓
Implements Which Policy(ies) LU-8.2, LU-8.10
General Plan
Policy Document Administration and Implementation

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Table LU LAND USE AND COMMUNITY CHARACTER
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

17. Historic Preservation Resource Center. The City shall prepare and maintain a web-based resource center to promote Hayward’s local historic resources and to provide resources and incentives to encourage historic preservation. [Source: New Program; City Staff] (CSO/PI) ✓ ✓
Implements Which Policy(ies) LU-8.2, LU-8.7, LU-8.8, LU-8.10, LU-8.11, LU-8.12
Responsible Department(s)
Development Services, Information
Technology, Library and Community
Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

18. Alameda County Government Center Area Plan Feasibility Report.

The City shall coordinate with Alameda County to explore the feasibility of forming a partnership to fund and prepare a master plan or specific plan for the Alameda County Government Center area. The City shall submit a feasibility report to the City Council, and additional actions shall be determined based on Council direction. [Source: New Program; City Staff] (IGC/PSR) ✓
Implements Which Policy(ies) LU-9.4
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s) Development Services, Alameda County
Funding Source(s) General Fund

General Plan
City of Hayward Policy Document

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Multimodal LOS and Design Standards. The City shall adopt multi- modal Level of Service (LOS) and design standards and a methodology that defines the process for determining which non-vehicular transportation and transit improvements will be implemented. The multimodal LOS program, design standards, and methodology should be consistent with those adopted by the Alameda County Transportation Commission. [Source: New Program, City Staff] (RDR/MPSP)
✓ Implements Which Policy(ies) M-1.2, M-1.3, M-1.4, M-1.5, M-9.2 Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Utilities and Environmental Services, Fire,
Police
Funding Source(s) General Fund

2. Multimodal LOS Guidelines. The City shall update its Traffic Study Preparation Guidelines to reflect the multi-modal Level of Service (LOS) policies, standards, and methodologies and to provide additional flexibility in implementing multimodal transportation improvements. [Source: New Program, City Staff] (RDR/FB)
✓ Implements Which Policy(ies) M-1.2, M-1.3, M-1.4, M-1.5 Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Utilities and Environmental Services
Funding Source(s) General Fund

3. Survey Transportation and Transit Gaps and Barriers. The City shall prepare a study to identify existing gaps and barriers in the transportation and transit network. Based on the findings from the study, the City shall prepare and submit recommendations to the City Council on a set of priority investments for inclusion in the Capital Improvement Program and/or the Countywide Transportation Plan to address the gaps and barriers. [Source: New Program, City Staff] (PSR)
✓
Implements Which Policy(ies) M-1.4, M-1.7, M-7.2, M-7.3, M-7.4, M-7.10 Responsible Department(s) Public Works – Engineering and Transportation
General Plan
Policy Document Administration and Implementation

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Supporting Department(s)/
Partner(s)
Development Services, Alameda County
Transportation Commission, Library and
Community Services, Public Works –
Utilities and Environmental Services, AC
Transit
Funding Source(s) General Fund

4. Regional Connection Improvements. The City shall work with the Alameda County Transportation Commission, AC Transit, and adjacent communities to identify better connections between city roadways, pedestrian ways, bicycle facilities, and transit corridors and neighboring and regional transportation networks. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on priority improvements for better regional transportation connections that should be included in the Capital Improvement Program or Countywide Transportation Plan. [Source: New Program, City Staff] (PSR/IGC) ✓ Implements Which Policy(ies) M-2.1, M-2.3
Responsible Department(s) Public Works & Utilities – Engineering and Transportation
Supporting Department(s)/
Partner(s)
City Manager, MTC, AC Transit, City of
Fremont, City of Union City, City of San
Leandro, Alameda County Transportation
Commission, Caltrans, Alameda County
Funding Source(s) General Fund

5. Collision Data Reporting. The City shall prepare and submit bi-annual reports to the City Council that summarize traffic collision data at the top collision locations for automobiles, bicycles, and pedestrians, and recommend improvements where needed. [Source: New Program, City Staff] (PSR)
✓ Implements Which Policy(ies) M-3.10, M-4.7
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s) Police
Funding Source(s) General Fund, Grants

6. Complete Streets Assessment. The City shall conduct a study of the existing street network to identify streets that can be more complete. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on a priority list of complete streets improvements. [Source: New Program, City Staff] (PSR)
✓
Implements Which Policy(ies) M-3.2, M-3.3, M-3.10
General Plan
City of Hayward Policy Document

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, Fire, Police,
Maintenance Services, Public Works –
Utilities and Environmental Services
Funding Source(s) General Fund, Grants

7. Underused Rights-of-Way. The City shall conduct a study to identify underused rights-of-way, such as street lanes, open drainage facilities, and railroad corridors, to convert to bikeways, pedestrian ways, trails, and/or landscaping improvements. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on priorities to maximize the use of underused right-of-way for non-motorized facilities or landscaping improvements. [Source: New Program, City Staff] (PSR) ✓ Implements Which Policy(ies) M-3.2, M-3.3, M-3.10
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Utilities and Environmental Services,
Hayward Area Recreation District, City
Attorney
Funding Source(s) General Fund

8. Complete Streets Evaluation. The City shall bi-annually evaluate and report to the City Council on how well the streets and transportation network are serving each category of users. [Source: New Program, City Staff] (PSR)
✓ Implements Which Policy(ies) M-3.1, M-3.2, M-3.3, M-3.10 Responsible Department(s) Public Works – Engineering and& Utilities - Transportation Division
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Utilities and Environmental Services
Funding Source(s) General Fund

9. Improved Traffic Flow Program. The City shall work with Metropolitan Transportation Commission and the Alameda County Transportation Commission to plan and obtain funding for projects that improve traffic flow on arterials and reduce vehicle idling [Source: New Program, Climate Action Plan] (MPSP/IGC) ✓ ✓
Implements Which Policy(ies) M-4.1, M-4.4
Responsible Department(s) Public Works & Utilities – Engineering and Transportation
General Plan
Policy Document Administration and Implementation

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Supporting Department(s)/
Partner(s)
Public Work – Utilities and Environmental
ServicesPublic Works & Utilities, MTC,
ACTClameda County Transportation
Commission
Funding Source(s) General Fund

10. Traffic Calming Measures. The City shall conduct a study to identify neighborhoods where appropriate traffic-calming measures could help reduce speeding and create safer streets. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on priority streets for traffic calming measures. [Source: New Program, City Staff] (PSR)
✓ Implements Which Policy(ies) M-4.7
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
City Manager, Development Services,
Police, Fire
Funding Source(s) General Fund

11. Pedestrian Master Plan. The City shall develop, adopt, and implement a Pedestrian Master Plan that includes a planned sidewalk system, pedestrian design standards, and implementation program. As part of the preparation of the Pedestrian Master Plan, the City shall review and incorporate (as appropriate) planned improvements and programs identified in the Alameda Countywide Pedestrian Plan that connect Hayward’s existing and planned pedestrian facilities to regional walking and bicycle facilities. The Pedestrian Master Plan shall include a Safe Routes to Schools Plan, an ADA Transition Plan, and strategies to improve pedestrian connections to parks, transit, and neighborhood commercial, and service uses. [Source:

Climate Action Plan, City Staff] (MPSP)
✓
Implements Which Policy(ies) M-5.2, M-5.4, M-5.5
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, Public Works—
Utilities and Environmental Services,
Hayward Unified School District
Funding Source(s) General Fund, Grants
General Plan
City of Hayward Policy Document

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

12. Shuttle Service Study. The City shall conduct a study to evaluate the feasibility of establishing shuttle services to address any unmet transit needs, to fill in gaps in service that are not being met by other transit providers, and to improve transit connections between major transit stations and employment centers. Based on findings from the study, the City shall prepare and submit recommendations to the City Council relative to the options for establishing such services in the city. [Source: New Program, Climate Action Plan] (PSR)
✓ Implements Which Policy(ies) M-7.11
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, City Manager, AC
Transit, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities
Funding Source(s) General Fund

13. Private Transportation Companies. The City shall conduct a study to identify economic incentives for private transportation companies seeking to enhance mobility in the Downtown, Priority Development Areas (PDAs), corridors, employment centers, and other high-intensity districts in the city. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on potential incentives. [Source: New Program, City Staff] (PSR) ✓
Implements Which Policy(ies) M-7.11, M-7.12, M-7.13
Responsible Department(s) Public Works – Engineering and Transportation, City Manager
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund

14. Transit Rider Information Study. The City shall work with AC Transit to identify options for informing transit riders of the availability and timing (e.g., headways) of public transit. Based on findings from the study, the City shall work with AC Transit to prepare and submit recommendations to the City Council on developing a transit information program. [Source:

New Program, City Staff] (PSR) ✓
Implements Which Policy(ies) M-7.7
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s) AC Transit
General Plan
Policy Document Administration and Implementation

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Funding Source(s) General Fund

15. Pedestrian Design Standard for Transit Stop. The City shall work with AC Transit to develop and adopt coordinate transit stop design standards for lighting, walkways, streetscape furniture, and landscaping to promote a feeling of safety at transit stops. [Source: New Program, City Staff] (RDR) ✓ Implements Which Policy(ies) M-7.6, M-5.3
Responsible Department(s) Public Works & Utilities – Engineering and Transportation
Supporting Department(s)/
Partner(s) Development Services, AC Transit
Funding Source(s) General Fund

16. Citywide TDM Plan. The City shall develop and adopt a citywide Transportation Demand Management (TDM) Plan, which could include strategies to reduce peak-hour traffic, such as staggered work hours, flexible schedule options, and telecommuting from home offices. [Source:

Climate Action Plan, City Staff] (MPSP)
✓
Implements Which Policy(ies) M-8.2
Responsible Department(s) Public Works – Engineering and Transportation, City Manager
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Utilities and Environmental Services,
Alameda County Transportation
Commission
Funding Source(s) General Fund

17. City Employee Car/Bike Share Programs. The City shall conduct a study that explores the development of car-sharing and/or bike sharing programs for City employees. Based on findings from the study, the City shall prepare and submit recommendations to the City Council about establishing such programs. [Source: New Program, Climate Action Plan] (MPSP/PSR)
✓ Implements Which Policy(ies) M-8.3, M-8.4, M-8.5, M-8.6 Responsible Department(s) Public Works – Engineering and TransportationMaintenance Services
Supporting Department(s)/
Partner(s)
City Manager, Development Services,
Public Works – Utilities and Environmental
Services, Human Resources
Funding Source(s) General Fund
General Plan
City of Hayward Policy Document

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

18. City Commuter Benefits. The City shall continue to offer commuter benefits, such as Tran Ben or Commuter Checks to City employees, and when possible, expand or develop other commuter benefits programs, such as parking cash-out or parking pricing programs, or taking advantage of the new tax credit for biking to work. [Source: New Program, Climate Action Plan] (CSO)
✓ Implements Which Policy(ies) M-8.5
Responsible Department(s) Human Resources
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, City Manager, Public Works
– Utilities and Environmental
ServicesPublic Works & Utilities –
Transportation
Funding Source(s) General Fund

19. TDM Amendments. The City shall amend Administrative Rule 2.26 to reflect current transportation demand management opportunities. [Source:

New Program, Climate Action Plan] (RDR)
✓
Implements Which Policy(ies) M-8.3, M-8.4
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Human Resources, Public Works –
Engineering and Transportation, Public
Works – Utilities and Environmental
Services
Funding Source(s) General Fund
General Plan
Policy Document Administration and Implementation

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

20. Off-Street Parking Regulations Comprehensive Update. The City shall amend the Off-Street Parking Regulations of the Municipal Code to incorporate smart growth principles and to incentivize walking, biking, and public transit. The update shall consider the following changes:
▪ Creating a single “blended” parking requirement for commercial uses to facilitate future changes of use (i.e. changing a retail store to a restaurant);
▪ Providing requirements or incentives for bicycle parking; ▪ Allowing on-street parking along the property’s frontage to count towards satisfying a portion of the property’s off-street parking requirements;
▪ Setting parking maximums to limit the amount of parking that can be built on a site;
▪ Creating parking preferences or incentives for residents who rideshare or use low- or zero-emissions vehicles; and
▪ Allowing property owners to develop and implement parking demand management plans that consider ways to reduce the need for off-street parking by using shared parking arrangements, valet parking services, paid parking, and other appropriate techniques.
[Source: New Program, Climate Action Plan] (RDR)
✓
Implements Which Policy(ies) M-9.2, M-9.3, M-9.11
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, Police, Fire, Public Works –
Utilities and Environmental Services
Funding Source(s) General Fund
General Plan
City of Hayward Policy Document

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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

21. Downtown Parking Management Plan. The City shall prepare and implement a Downtown Parking Management Plan. The preparation of the plan shall consider the following:
▪ Adopting parking requirements that are appropriate for a mixed-use, walkable, and transit-oriented district;
▪ Creating a single “blended” parking requirement to facilitate future changes of use (i.e. changing a retail store to a restaurant or office space to residential);
▪ Establishing flexible parking requirements to allow innovative parking solutions to efficiently meet parking needs, including shared parking, valet parking, and the implementation of parking demand management strategies;
▪ Providing dedicated parking spaces for car-sharing programs and low- or zero-emissions vehicles;
▪ Establishing incentives to encourage car-sharing programs (e.g., receiving credit for meeting the minimum “parking minimum” if a car share program is included with the project);
▪ Establishing paid parking with market pricing strategies for public parking (on- and off-street);
▪ Installing state-of-the-art parking meters that allow users to locate, reserve, and pay for parking with smart phone and mobile device applications;
▪ Adopting policies to use parking revenues to fund Downtown improvements and enhancements; and
▪ Establishing bicycle parking requirements and incentives.

The Parking Management Plan may be prepared in conjunction with the Downtown Specific Plan (see Implementation Program 7 of Table LU-1). [Source: New Program, City Staff] (MPSP)
✓
Implements Which Policy(ies) M-9.4, M-9.8
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Engineering and
Transportation, Public Works – Utilities and
Environmental Services,City Manager
Funding Source(s) General Fund, Grants
General Plan
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Table M MOBILITY ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

22. Truck Routes Study. The City shall conduct a study of the Surface Transportation Assistance Act (STAA) truck routes and local truck routes (i.e. Hayward Traffic Code Section 6.11) to evaluate and confirm the optimal network for truck traffic through and within the city. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on an appropriate system of truck routes. [Source: New Program, City Staff] (PSR)
✓ Implements Which Policy(ies) M-11.2
Responsible Department(s) Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Utilities and Environmental Services,
Alameda County Transportation
Commission
Funding Source(s) General Fund

23. Transportation Impact Fees. The City shall prepare a Development Impact Fee Feasibility Study and Nexus Report to assess the potential for establishing development impact fees for local transportation improvements, and if deemed appropriate by City Council, regional transportation improvements. Based on the findings of the Feasibility Study and Nexus Report and direction from the City Council, the City may prepare and adopt an Impact Fee Ordinance for transportation improvements. [Source: New Program; City Council] (RDR/FB) ✓ Implements Which Policy(ies) M-4.1, M-4.2, M-4.4
Responsible Department(s) Public Works – Engineering and Transportation, Development Services
Supporting Department(s)/
Partner(s) Finance, City Manager
Funding Source(s) General Fund, Grants

General Plan
City of Hayward Policy Document

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Table ED ECONOMIC DEVELOPMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Economic Development Strategic Plan Annual Report. The City shall submit an annual report to the City Council that evaluates the implementation of the Economic Development Strategic Plan. [Source:

New Program; City Staff] (PSR)
✓ Implements Which Policy(ies) ED-1.2
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund

2. Branding and Marketing Program. The City shall develop and maintain a branding and marketing strategy and materials to promote Hayward and maximize the effectiveness of the City’s communication materials and website. [Source: New Program; EDSP] (MPSP/CSO)
✓ ✓ Implements Which Policy(ies) ED-5.1, ED-5.6
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Chamber of
Commerce, California State University East
Bay
Funding Source(s) General Fund, Grants

3. Energy and Sustainability Businesses Program. The City shall coordinate with the Chamber of Commerce and the East Bay Economic Development Alliance to develop a program that supports and attracts businesses in the renewable and energy-efficiency sector to Hayward. [Source: Climate Action Plan] (MPSP/JP/IGC)
✓
Implements Which Policy(ies) ED-1.7, ED-6.11
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Chamber of
Commerce, East Bay Economic
Development Alliance, Public Works –
Utilities and Environmental ServicesPublic
Works & Utilities
Funding Source(s) General Fund

4. Business Resource Center and Website. The City shall develop and maintain a business resource center and website. [Source: New Program; City Staff] (CSO) ✓ ✓
Implements Which Policy(ies)
ED-1.10, ED-1.17, ED-1.18, ED-2.1, ED-

2.2, ED-2.3, ED-2.4, ED-2.7, ED-2.8, ED-

3.4, ED-3.5, ED-5.1
General Plan
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Table ED ECONOMIC DEVELOPMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Information
Technology, Library and Community
Services, Chamber of Commerce
Funding Source(s) General Fund, Grants

5. International Business Program. The City shall develop and promote an international business program to expand and diversify the economic base of Hayward and to promote businesses that reflect the cultural diversity of the Hayward community. [Source: New Program; City Staff] (MPSP/CSO/JP) ✓ ✓ Implements Which Policy(ies) ED-1.8, ED-1.9, ED-2.1 Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund, Grants

6. Industrial Technology and Innovation Corridor Marketing Strategy.

The City shall develop and maintain a branding and marketing strategy to promote economic investment and business and development opportunities within the Industrial Technology and Innovation Corridor. [Source: New Program; City Staff] (MPSP)
✓ ✓
Implements Which Policy(ies) ED-1.16
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Engineering and Transportation, Public
Works – Utilities and Environmental
ServicesPublic Works & Utilities, Police,
Fire, City Attorney
Funding Source(s) General Fund, Grants

7. Local Hire Incentives. The City shall develop a package of business incentives (e.g., reduced business license fees) to encourage Hayward businesses to hire local residents. [Source: New Program; GPUTF, PC/CC] (MPSP/RDR)
✓
Implements Which Policy(ies) ED-1.19
Responsible Department(s) Finance
Supporting Department(s)/
Partner(s)
City Manager, Development Services, City
Attorney, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities,
Funding Source(s) General Fund
General Plan
City of Hayward Policy Document

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Table ED ECONOMIC DEVELOPMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

8. Business Incubator Study. The City shall partner with the Hayward Chamber of Commerce, local business organizations, and college business programs to explore the feasibility of establishing a business incubator.

The City shall submit a feasibility report to the City Council and additional actions shall be determined based on direction from the City Council. [Source: New Program; City Staff] (JP/ IGC/PSR)
✓ Implements Which Policy(ies) ED, 2-1, ED-2.2, ED-2.6 Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Finance, Development Services, Library and
Community Services, Chamber of
Commerce, Chabot College, California State
University East Bay,
Funding Source(s) General Fund, Grants

9. Business Attraction, Expansion, and Retention Program. The City shall develop a comprehensive business attraction, expansion, and retention program. [Source: Modified Program; GPUTF, PC/CC] (CSO/MPSP) ✓ ✓ Implements Which Policy(ies)
ED-1.4, ED-1.5, ED-1.6, ED-1.7, ED-1.8,
ED-1.9, ED-2.6, ED-3.1, ED-3.2, ED-3.4,
ED-3.5, ED-3.6, ED-6.7, ED-6.8, ED-6.12
Responsible Department(s) City Manager, Finance
Supporting Department(s)/
Partner(s)
Development Services, Library and
Community Services
Funding Source(s) General Fund

10. Town-Gown Economic Partnership. The City shall coordinate with Chabot College and California State University, East Bay to develop a formalized Town-Gown Economic Partnership. [Source: New Program; Public, GPUTF] (MPSP/IGC)
✓ Implements Which Policy(ies) ED-4.1
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Chabot College,
California State University East Bay
Funding Source(s) General Fund

11. Town-Gown Economic Strategic Plan and Annual Report. The City shall coordinate with Chabot College and California State University, East Bay to develop a Town-Gown Economic Strategic Plan that focuses on enhancing the college-town economy and culture of Hayward. The City shall submit an annual report to the City Council that evaluates the implementation of the Strategic Plan. [Source: New Program; City Staff] (MPSP/IGC/ PSR)
✓ ✓
General Plan
Policy Document Administration and Implementation

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Table ED ECONOMIC DEVELOPMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies) ED-3.3, ED-3.6, ED-4.1, ED-4.2, ED-4.3, ED-4.4, ED-4.5, ED-4.6, ED-4.7, ED-5.6
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Library and
Community Services, Chabot College,
California State University East Bay
Funding Source(s) General Fund, Grants

12. Customer Service Survey The City shall develop and maintain a customer service survey to evaluate and identify opportunities to improve permit procedures and the customer service of the Development Services Department and Finance Department (business license permitting). The survey will be sent to applicants after permits for the project are approved or denied. [Source: New Program; City Staff] (MPSP) ✓ ✓ Implements Which Policy(ies) ED-6.1, ED-6.3, ED-6.4, ED-6.6 Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) City Manager, Finance
Funding Source(s) General Fund

13. Permit Processing Software. The City shall upgrade its Development Services permit processing software to streamline review, allow the submission of electronic applications, reduce costs, and monitor processing time. [Source: New Program; City Staff] (CSO/FB)
✓ ✓ Implements Which Policy(ies) ED-6.4, ED-6.5
Responsible Department(s) Development Services, Information Technology
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund

14. Ombudsperson Service. The City shall develop an ombudsperson service to assist commercial and industrial business and new development applicants with the City’s permit and entitlement process, and to provide coordination assistance with utility providers and other regulatory and permitting agencies. [Source: New Program; City Staff] (CSO) ✓ Implements Which Policy(ies) ED-6.3
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, City Attorney, City
Clerk
Funding Source(s) General Fund
General Plan
City of Hayward Policy Document

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Table ED ECONOMIC DEVELOPMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

15. Cultural Commission. The City shall establish a Cultural Commission to coordinate the efforts of various arts, culture, and historical groups within Hayward and to assist with cultural event planning reflective of Hayward’s diversity. The Commission shall also evaluate funding mechanisms for public art and performance projects. [Source: New Program; Community Outreach] (MPSP) ✓
Implements Which Policy(ies) ED-5.2
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund, Grants

General Plan
Policy Document Administration and Implementation

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Table CS COMMUNITY SAFETY
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Grant Funding. The City shall pursue grant funding on an on-going basis to increase Police and Fire Department staffing levels, improve police and fire facilities and equipment, and improve community safety services and programs. [Source: New Program; PC/CC] (CSO)
✓ Implements Which Policy(ies)
CS-1.2, CS-1.3, CS-1.7, CS-1.8, CS-1.15,
CS-1.16, CS-2.3, CS-2.4, CS-2.5. CS-2.15,
CS-1.3, CS-4.2, CS-4.3, CS-4.10, CS-4.13,
CS-5.1, CS-5.2, CS-5.4
Responsible Department(s) Police and Fire
Supporting Department(s)/
Partner(s) City Manager, Finance
Funding Source(s) General Fund

2. Police Department Strategic Plan Annual Report. The City shall submit an annual report to the City Council that evaluates the implementation of the Police Department Strategic Plan. [Source: Existing Program; City Staff] (PSR)
✓ Implements Which Policy(ies)
CS-1.1, CS-1.2, CS-1.3, CS-1.4, CS-1.5,
CS-1.6, CS-1.7, CS-1.8, CS-1.11, CS-1.13,
CS-1.15, CS-1.16, CS-2.1, CS-2.2, CS-2.3,
CS-2.4, CS-2.5, CS-2.6, CS-2.7, CS-2.8,
CS-2.9, CS-2.10, CS-2.11,CS-2.12, CS-

2.13, CS-2.15
Responsible Department(s) Police
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund

3. Crime Prevention Through Environmental Design Checklist. The City shall develop a Crime Prevention Through Environmental Design (CPTED) Checklist to encourage project applicants to incorporate CPTED principles into the design of their projects and to assist in the Police Department’s review of development applications. [Source: New Program; City Staff] (RDR) ✓
Implements Which Policy(ies) CS-1.9, CS-2.10
Responsible Department(s) Police
Supporting Department(s)/
Partner(s) Development Services, City Manager
Funding Source(s) General Fund, Grants
General Plan
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Table CS COMMUNITY SAFETY
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

4. Homeless Services Partnership. The City shall develop formal partnerships with community and faith-based organizations to develop and implement a coordinated strategy for managing food, shelter, and support services to the homeless in Hayward. [Source: New Program; City Staff] (MPSP/IGC/JP)
✓ Implements Which Policy(ies) CS-1.14
Responsible Department(s) Library and Community Services Supporting Department(s)/
Partner(s)
Police, City Manager, Development
Services, Alameda County
Funding Source(s) General Fund

5. Park Security Program. The City shall coordinate with the Hayward Area Recreation and Park District and East Bay Regional Park District to prepare a strategy for integrating appropriate security and surveillance technology in Hayward parks. [Source: New Program; Public; City Staff] (MPSP)
✓ Implements Which Policy(ies) CS-1.11, CS-1.13
Responsible Department(s) Police
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park District,
East Bay Regional Park District
Funding Source(s) General Fund, Grants

6. Comprehensive Safe School Plans. The City shall coordinate with local school districts on an ongoing basis to assist in the review and update of a Comprehensive Safe School Plan for each school in Hayward. [Source:

New Program; City Staff] (MPSP/IGC/CSO)
✓
Implements Which Policy(ies) EDL-3.6, CS-1.1, CS-1.5, CS-2.11 Responsible Department(s) Police
Supporting Department(s)/
Partner(s)
Fire, City Manager, Public Works –
Engineering and Transportation, Hayward
Unified School District
Funding Source(s) General Fund

7. Fire Department Strategic Plan and Annual Report. The City shall develop and adopt a Fire Department Strategic Plan. The City shall submit an annual report to the City Council that evaluates the implementation of the Fire Department Strategic Plan. [Source: New Program; City Staff] (MPSP) ✓ ✓
Implements Which Policy(ies)
CS-3.1, CS-3.2, CS-3.6, CS-3.7, CS-3.8,
CS-4.1, CS-4.2, CS-4.3, CS-4.4, CS-4.5,
CS-4.6, CS-4.7, CS-4.8, CS-4.9, CS-4.10,
CS-4.13
General Plan
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Table CS COMMUNITY SAFETY
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

8. Center for Public Safety Excellence Program. The City shall initiate and complete the accreditation process for the Center of Public Safety Excellence to evaluate and enhance fire and emergency medical services within the city. [Source: New Program; City Staff] (MPSP) ✓ Implements Which Policy(ies) CS-4.15
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

9. Police and Fire Impact Fees. The City shall prepare a Development Impact Fee Feasibility Study and Nexus Report to assess the potential for establishing development impact fees for police and fire services. Based on the findings of the Feasibility Study and Nexus Report and direction from the City Council, the City may prepare and adopt an impact fee ordinance for police and/or fire services. [Source: New Program; City Staff] (RDR/FB) ✓
Implements Which Policy(ies) CS-2.14, CS-4.12
Responsible Department(s) Finance
Supporting Department(s)/
Partner(s)
Police, Fire, City Manager, Development
Services
Funding Source(s) General Fund, Grants

10. Disaster Awareness and Emergency Preparedness Program. The City shall prepare a comprehensive update of its disaster awareness and emergency preparedness program. [Source: New Program; City Staff] (MPSP)
✓ Implements Which Policy(ies) CS-5.1, CS-5.2, CS-5.3, CS-5.4, CS-5.5, CS-5.6, HAZ-3.5
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s)
Police, City Manager, Library and
Community Services
Funding Source(s) General Fund, Grants
General Plan
City of Hayward Policy Document

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Table CS COMMUNITY SAFETY
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

11. Disaster Drills. The City shall conduct annual disaster drills to train City staff and test the effectiveness of the Comprehensive Emergency Management Plan and operational readiness of the Emergency Operations Center. If necessary, the City shall submit a report to the City Council that provides recommendations for follow-up training, updates to the Comprehensive Emergency Management Plan, and improvements to the Emergency Operations Center. [Source: New Program; City Staff] (PSR) ✓ Implements Which Policy(ies) CS-5.5, CS-5.8
Responsible Department(s) Fire, Police
Supporting Department(s)/
Partner(s)
City Manager, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities, Public Works – Engineering and
Transportation, Information Technology
Funding Source(s) General Fund

12. Community Emergency Response Reserves Program. The City shall establish a volunteer reserves program for Hayward residents certified in Community Emergency Response Training (CERT). The reserves program shall include a regular training program and a leadership structure to communicate and coordinate with volunteers during emergencies. [Source: New Program; City Staff] (MPSP/CSO) ✓
Implements Which Policy(ies) CS-5.4
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s) Police, City Manager
Funding Source(s) General Fund, Grants

13. Energy Assurance Plan. The City shall develop and implement an Energy Assurance Plan to ensure that critical facilities have access to power during emergencies and power outages. [Source: New Program; City Staff] (MPSP)
✓ Implements Which Policy(ies) CS-5.7
Responsible Department(s) Public Works – Utilities and Environmental ServicesPublic Works & Utilities
Supporting Department(s)/
Partner(s)
Fire, Police, Development Services,
Maintenance Services
Funding Source(s) General Fund, Grants

14. Mass Communication System Update. The City shall review and update (as necessary) its mass communication system (the system for sending emergency information and updates to the Hayward community). [Source:

New Program; GPUTF; City Staff] (CSO)
✓
General Plan
Policy Document Administration and Implementation

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Table CS COMMUNITY SAFETY
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies) CS-5.11
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s)
Police, City Manager, Information
Technology
Funding Source(s) General Fund, Grants, Impact Fees

Table NR NATURAL RESOURCES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Habitat Conservation Plan. The City shall coordinate with Alameda County, the cities of Fremont and Union City, the Hayward Area Recreation and Park District, and the East Bay Regional Park District to develop and adopt a comprehensive Habitat Conservation Plan for areas within and surrounding Hayward. [Source: New Program, City staff] (MPSP/IGC)
✓ ✓ Implements Which Policy(ies) NR-1.1 through NR-1.10, NR-1.12 Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Alameda County, City of Fremont, City of
San Leandro, City of Union City, Hayward
Area Recreation and Park District, East Bay
Regional Park District
Funding Source(s) General Fund, Developer Fees

2. Creek Daylighting and Restoration Study. The City shall prepare a Creek Daylighting and Restoration study that will identify specific actions to maintain and restore creeks and streams to a more natural state. . Based on findings from the study, the City shall prepare and submit recommendations to the City Council on priority actions to maintain and restore creeks and streams. [Source: Existing Policy, modified] (PSR) ✓
Implements Which Policy(ies) NR-1.6 and NR-1.11 through NR-1.12 Responsible Department(s) Public Works –Engineering and Transportation
Supporting Department(s)/
Partner(s)
Development Services, City Attorney,
Public Works – Utilities and Environmental
ServicesPublic Works & Utilities, Alameda
County Flood Control and Water
Conservation District, Hayward Area
Recreation and Park District
Funding Source(s) General Fund, Grants
General Plan
City of Hayward Policy Document

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Table NR NATURAL RESOURCES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

3. Recycled Water Program. The City shall construct facilities to deliver recycled water to customers near the Water Pollution Control Facility. [Source: New Program, City staff] (MPSP)
✓
Implements Which Policy(ies) NR-6.9 through NR-6.13
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) Wastewater System Improvement Fund,
Water System Improvement Fund, Grants

4. Water Conservation Standards. The City shall develop and adopt Water Conservation Standards within the Municipal Code for households, businesses, industries, and public infrastructure. [Source: New Program, City staff] (RDR)
✓ Implements Which Policy(ies) NR-6.9 through NR-6.16 Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) Water Enterprise Fund

5. Residential Energy Performance Assessment and Disclosure Ordinance. Not sooner than 2017, the City shall consider adopting a Residential Energy Performance Assessment and Disclosure (EPAD-R) Ordinance for detached single-family homes and multi-family homes. The EPAD-R Ordinance may include the following:
▪ energy performance disclosures at certain points or thresholds ▪ use of a free online tool such as the Environmental Protection Agency’s Home Energy Yardstick for self-assessment, which takes into account the size of the home and number of occupants
▪ alternatively, use of a low-cost assessment tool such as the Department of Energy’s Home Energy Score
▪ flexible exemption provisions including:
o the age of the building,
o foreclosures or short sales,
o recent energy efficiency upgrades,
o an owner providing 12 consecutive monthly utility bills from the previous two years
[Source: New Program; Climate Action Plan] (RDR)
✓ ✓
General Plan
Policy Document Administration and Implementation

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Table NR NATURAL RESOURCES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies) NR-2.4, NR-2.6
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund

6. Commercial Energy Performance Assessment and Disclosure Ordinance. The City shall consider adopting a Commercial Energy Performance Assessment and Disclosure (EPAD -C) Ordinance for commercial buildings. The EPAD -C Ordinance may include the following:
▪ Energy use disclosur e requirements consistent with S tate law (AB 1103), which requires use of the ENERGY STAR Portfolio Manager benchmarking tool.
▪ Exemption provisions consistent with AB 1103, which include:
o the size of the building
o the occupancy type of the building
[Source: New Program; Climate Action Plan] (RDR)
✓ ✓
Implements Which Policy(ies) NR-2.4, NR-2.6
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund

7. Energy Reduction Initiative and Annual Report. The City shall develop and implement a public information and education campaign to encourage every household and every business to reduce their energy consumption by 10 percent by 2020. The City shall evaluate and report to the City Council annually on the community’s progress in achieving the ten percent goal, and recommend additional efforts as necessary to ensure the goal is met. [Source: New Program, Climate Action Plan] (MPSP/PSR/PI) ✓ ✓
Implements Which Policy(ies) NR-4.1, NR-4.13
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s)
City Manager, Development Services,
PG&E
Funding Source(s) General Fund, Grants
General Plan
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Table NR NATURAL RESOURCES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

8. Home Energy Monitors and Annual Report. The City shall develop a program to encourage the installation of Home Energy Monitors in existing homes. The City shall evaluate and report to the City Council annually on the community’s participation in the program, and any additional reductions in energy use that result from implementation of the program. [Source: New Program, Climate Action Plan] (MPSP/PSR)
✓ ✓ Implements Which Policy(ies) NR-4.13
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s)
City Manager, Development Services,
Library and Community Services, PG&E
Funding Source(s) General Fund, Grants

9. Financing Program for Residential Energy Efficiency Retrofits. The City shall work with regional agencies and organizations to develop a residential energy efficiency retrofit financing program for single-family and multi-family homes. [Source: New Program, Climate Action Plan] (MPSP/FB)
✓ ✓ Implements Which Policy(ies) NR-4.2, NR-4.14
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s)
City Manager, Development Services,
Finance, Library and Community Services
Funding Source(s) General Fund, Grants

10. Financing Program for Commercial Energy Efficiency Retrofits. The City shall work with regional agencies and organizations to develop a commercial energy efficiency retrofit financing program for commercial and industrial properties. [Source: New Program, Climate Action Plan] (MPSP/FB)
✓ ✓ Implements Which Policy(ies) NR-4.2, NR-4.14
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s)
City Manager, Development Services,
Finance
Funding Source(s) General Fund, Grants
General Plan
Policy Document Administration and Implementation

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Table NR NATURAL RESOURCES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

11. City Building Audits and Reports. The City shall conduct an energy efficiency audit of City-owned buildings every five years to identify opportunities for efficiency improvements from both operations and equipment upgrades. The City shall prepare and submit a report to the City Council that summarizes the results of the audit and makes recommendations for improvements that will improve energy efficiency. [Source: New Program, Climate Action Plan] (PSR) ✓
Implements Which Policy(ies) NR-4.4
Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s)
Development Services, Maintenance
Services, City Manager
Funding Source(s) General Fund, Grants

12. Financing Program for the Installation of Residential Renewable Energy Systems. The City shall work with regional agencies and organizations to develop a financing program for the installation of renewable energy systems on single-family and multi-family residential buildings and mobile homes. [Source: New Program, Climate Action Plan] (FB/IGC/MPSP)
✓ ✓ Implements Which Policy(ies) NR-4.2, NR-4.6, NR-4.9 Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s)
Development Services, Finance, Library and
Community Services
Funding Source(s) General Fund, Grants

13. Financing Program for the Installation of Commercial Renewable Energy Systems. The City shall work with regional agencies and organizations to develop a financing program for the installation of renewable energy systems on commercial and industrial properties. [Source: New Program, Climate Action Plan] (FB/IGC/MPSP) ✓ ✓ Implements Which Policy(ies) NR-4.2, 4.6, NR-4.9, NR-4.15 Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s) Development Services, Finance
Funding Source(s) General Fund, Grants

General Plan
City of Hayward Policy Document

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Table NR NATURAL RESOURCES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

14. Renewable Energy Generation Potential. The City shall conduct a city- wide study to estimate the total potential for renewable energy generation on City facilities and the estimated costs and benefits of developing that potential. Based on findings from the study, the City shall develop a plan to develop cost effective renewable energy projects. [Source: New Program, Climate Action Plan] (PSR)
✓ Implements Which Policy(ies) NR-4.6, NR-4.9, NR-4.6 Responsible Department(s) Maintenance Services, Public Works &– Utilities and Environmental Services
Supporting Department(s)/
Partner(s) Development Services, City Manager
Funding Source(s) Grants, General Fund

15. Carbon Management Activities Program. The City shall develop and implement a program to track carbon sequestration activities on private and public lands, such as planting trees or managing wetlands. [Source: New Program, Climate Action Plan] (MPSP)
✓ ✓
Implements Which Policy(ies) NR-3.1 through NR 3.5, NR-4.12 Responsible Department(s)
Public Works – Utilities and Environmental
ServicesPublic Works & Utilities,
Maintenance Services
Supporting Department(s)/
Partner(s)
Development Services, Hayward Area
Recreation and Park District, East bay
Regional Park District
Funding Source(s) General Fund, Grants

16. Green Portal. The City shall develop and maintain a stand-alone Green Portal, or website, that serves as the City’s hub for all things green. [Source: New Program, Climate Action Plan] (PI)
✓ ✓
Implements Which Policy(ies) NR-4.1, NR-4.11
Responsible Department(s) Public Works – Utilities and Environmental Services, Information Technology
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund, Grants

17. Business Engagement in Climate Programs. The City shall engage local businesses and business organizations (e.g., Chamber of Commerce, the Keep Hayward Clean and Green Taskforce, the Alameda County Green Business Program) in climate-related programs. [Source: New Program, Climate Action Plan] (IGC/JP/PI/MPSP)
✓
General Plan
Policy Document Administration and Implementation

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Table NR NATURAL RESOURCES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies) NR-4.2
Responsible Department(s) Public Works – Utilities and Environmental ServicesPublic Works & Utilities

Supporting Department(s)/
Partner(s)
Development Services, City Manager,
Chamber of Commerce, KHCG, Alameda
County

Funding Source(s) General Fund, Grants

18. Environmental Education Programs. The City shall coordinate with Alameda County, Pacific Gas & Electric Company, non-profit organizations, and other agencies and businesses to develop and implement an Environmental Education Program. [Source: New Program, Climate Action Plan] (IGC/PI/MPSP)
✓

Implements Which Policy(ies) NR-1.1 through NR-1.12 and NR-3.1 through NR- 3.5, PFS-7.23

Responsible Department(s)
City Manager, Public Works – Utilities and
Environmental ServicesPublic Works &
Utilities

Supporting Department(s)/
Partner(s)
Development Services, Alameda County,
EBMUD, PG&E, Alameda County Waste
Management Authority

Funding Source(s) General Fund, Grants

General Plan
City of Hayward Policy Document

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Table HAZ HAZARDS
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Seismic and Geologic Safety Standards. The City shall review and update (as necessary) its seismic and geologic safety standards when there is an update to the Uniform Building Code and the California Building Code. [Source: New Program; City Staff] (RDR)
✓ Implements Which
Policy(ies) HAZ-2.1
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Fire, City Manager, Public Works &
Utilities
Funding Source(s) General Fund

2. Seismic Retrofit Feasibility Study for City Facilities. The City shall prepare a study to identify all existing City facilities that do not meet current building code standards. The City shall use the study to prioritize the funding of capital improvement projects. [Source: New Program; City Staff] (PSR)

✓ Implements Which
Policy(ies) HAZ-2.9, HAZ-2.10
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Fire, City Manager, Public Works &
Utilities, Maintenance Services
Funding Source(s) General Fund, Grants

3. Seismic Retrofit Program. City shall establish and promote a seismic retrofit program to encourage property owners to upgrade buildings, especially masonry buildings, soft-story buildings (i.e., buildings designed with minimal bracing on the first floor), and critical facilities (i.e. hospitals, schools, and long-term care facilities. [Source: New Program; City Staff] (MPSP/PI)
✓
Implements Which
Policy(ies) HAZ-2.9, HAZ 2.11, HAZ-2.12
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants
General Plan
Policy Document Administration and Implementation

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Table HAZ HAZARDS
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

4. Tsunami Warning System. The City shall coordinate with the Hayward Area Recreation and Park District, the East Bay Regional Parks District, and Alameda County Flood Control and Water Conservation District to develop and implement a tsunami warning system and evacuation plan for the Hayward shoreline. [Source: New Program; City Staff] (IGC) ✓
Implements Which
Policy(ies) HAZ-2.8
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park
District, East Bay Regional Park District,
City Manager, Alameda County Flood
Control and Water Conservation District
Funding Source(s) Park Impact Fees

5. Flood Plain Management Ordinance Comprehensive Update. The City shall prepare a comprehensive update to the Floodplain Management Ordinance. The ordinance shall be periodically reviewed and revised in order to incorporate climate change projections. [Source: New Program; City Staff] (RDR)
✓ ✓ Implements Which
Policy(ies)
HAZ-3.2, HAZ-3.3, HAZ-3.4, HAZ-3.5,
HAZ-4.45
Responsible Department(s) Public Works & Utilities, Development Services
Supporting Department(s)/
Partner(s)
City Manager, Alameda County Flood
Control and Water Conservation District
Funding Source(s) General Fund, Grants

6. Airport Noise Monitoring and Reporting. The City shall submit an annual report to the City Council that evaluates airport noise. If necessary, the City shall consider taking appropriate actions changes to airport operations to comply with airport noise mitigation requirements. [Source: New Program; City Staff] (PSR)
✓ Implements Which
Policy(ies) HAZ-108.14
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund
General Plan
City of Hayward Policy Document

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Table HAZ HAZARDS
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

7. Extreme Heat and Air Quality Monitoring and Assistance. The City shall collaborate with the Alameda County Public Health Department and local community organizations to establish extreme heat and air quality monitoring systems and develop accessible and language appropriate community education resources to prepare community members for increased extreme heat events and air pollution. Explore the feasibility of developing a program to assist the public in accessing cooling infrastructure for in-home use, such as ceiling fans, air exchangers, increased insulation and low-solar-gain exterior materials. [Source: New Program; City Staff] (PSR, PI, IGC)
✓
Implements Which
Policy(ies) HAZ-6.5, HAZ-6.6, HAZ-6.9
Responsible Department(s) City Manager, Fire
Supporting Department(s)/
Partner(s)
Alameda County Public Health
Department, Bay Area Air Quality
Management District
Funding Source(s) General Fund, Grants

8. Wildfire Mitigation in the Wildland Urban Interface. The City shall develop programming and content to educate landowners and residents on how structures ignite, the role of embers, and which building materials, designs, and retrofits reduce wildfire risk. Continue to track new and ignition-resistant construction technologies and promote increasingly fire safe building standards through ordinance updates. Provide funding incentives to promote fire safe retrofits of existing structures that meet ignition-resistant building codes. [Source: New Program; City Staff] (PSR, PI, IGC)
✓
Implements Which Policy(ies) HAZ-5.1, HAZ -5.3, HAZ -5.8 HAZ-5.1, HAZ-5.3, HAZ-5.8
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park District,
East Bay Regional Park District, City
Manager
Funding Source(s) General Fund

9. Wildfire Educational Materials. The City shall make available and promote educational materials for defensible space standards, or vegetation “clear zones,” and vegetation compliance for all existing and new structures in areas that are proximal to designated California Department of Forestry and Fire Protection State Responsibility Areas or Very High Fire Hazard Severity Zones. [Source: New Program; City Staff] (PI)
✓
Implements Which Policy(ies) HAZ-5.2
General Plan
Policy Document Administration and Implementation

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Table HAZ HAZARDS
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park District,
East Bay Regional Park District, City
Manager
Funding Source(s) General Fund

10. Climate Resilient Buildings and Public Spaces. The City shall evaluate climate hazard risks associated with sea level rise, flooding, heat, air quality, and wildfire, for at-risk City facilities (as identified in its Climate Vulnerability Assessment). Develop adaptation plans for at-risk buildings, facilities, and spaces, and prioritize necessary retrofits or upgrades based on the age, vulnerability, and need of the City facility. Continually re- assess climate hazard exposure for facilities and open spaces as best available science changes. [Source: New Program; City Staff] (RDR, CSO)
✓
Implements Which Policy(ies) HAZ-4.7, HAZ-6.5, HAZ-6.8
Responsible Department(s) Public Works & Utilities, Maintenance Services
Supporting Department(s)/
Partner(s) City Manager,
Funding Source(s) Grants

11. Climate Adaptation Staffing. The City shall sufficiently resource the city-wide planning and implementation of adaptation-related programs, partnerships with outside agencies and CBO partners, activity tracking to monitor the implementation of resilience strategies, and grant administration. [Source: New Program; City Staff] (CSO, FB, MPSP) ✓
Implements Which Policy(ies) HAZ-4.1, HAZ-4.3, HAZ-4.7, HAZ-6.2, HAZ-6.12
Responsible Department(s) Public Works & – Utilities, Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) Grants

12. Evacuation Preparedness and Coordination. The City shall convene interdepartmentally coordinated evacuation preparedness activities on an annual basis, including evacuation route maintenance, annual hazard- based evacuation scenario trainings, and measures to assist vulnerable populations and neighborhoods. [Source: New Program; City Staff] (CSO, IGC, MPSP)
✓
General Plan
City of Hayward Policy Document

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Table HAZ HAZARDS
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which
Policy(ies)
HAZ-5.9, HAZ-8.1, HAZ-8.2, HAZ-8.3,
HAZ-8.4, HAZ-8.5, HAZ-8.5, HAZ-8.6,
HAZ-8.7, HAZ-8.8, HAZ-8.9, HAZ-8.10,
HAZ-8.11
Responsible Department(s) Fire
Supporting Department(s)/
Partner(s)
Public Works & Utilities, Development
Services, Alameda Transportation
Commission
Funding Source(s) General Fund

13. Green Infrastructure. The City shall develop a program supported by partnerships with ABAG and BCDC focused on the design and implementation of green infrastructure and watershed management projects within the City. Facilitate these changes by communicating and providing public resources for decreasing flood risk and reducing the heat island effect through Low Impact Development (LID) practices, floodplain restoration, and other nature-based stormwater management options. [Source: New Program; City Staff] (CSO, JP, PI) ✓
Implements Which
Policy(ies) HAZ-3.6, HAZ-6.4
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) Development Services, ABAG, BCDC
Funding Source(s) General Fund

14. Resilient Power. The City shall develop and support a plan of action targeting city-wide resilient power projects including critical facilities, a network of resilience hubs, and utility activities outlined in the Safety Element. [Source: New Program; City Staff] (CSO, IGC, JP, PI) ✓
Implements Which
Policy(ies) HAZ-6.2, HAZ-6.9, HAZ-8.4, HAZ-8.11
Responsible Department(s) Public Works & Utilities, Maintenance Services
Supporting Department(s)/
Partner(s)
Alameda County Public Health
Department, PG&E, EBCE
Funding Source(s) General Fund

General Plan
Policy Document Administration and Implementation

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Table EDL EDUCATION AND LIFELONG LEARNING
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Education and Lifelong Learning Resource Center. The City shall develop and maintain a web-based Education and Lifelong Learning Resource Center to promote and provide access to local and web-based educational resources, programs, and services for parents, students, and adults. [Source: New Program; City Staff] (CSO/JP/IGC/PI) ✓ ✓
Implements Which Policy(ies) EDL-1.1, EDL-1.2, EDL-1.5, EDL-2.5, EDL-2.8, EDL-4.7, EDL-4.8, EDL-5.3
Responsible Department(s) Library and Community Services Supporting Department(s)/
Partner(s)
City Manager, Information Technology,
Hayward Unified School District, Hayward
Area Recreation and Park District, Alameda
County Workforce Investment Board,
Chabot College, California State University
East Bay
Funding Source(s) General Fund, Grants

2. Education Partnership: The City shall establish a formal partnership with the Hayward Unified School District, the Hayward Area Recreation and Park District, the Hayward Chamber of Commerce, Chabot College, and California State University, East Bay to coordinate the educational support programs and services offered to Hayward’s youth. [Source: New Program; City Staff] (IGC/JP)
✓ Implements Which Policy(ies) EDL-1.3, EDL-4.4
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Hayward Unified School District, Hayward
Area Recreation and Park District, Chamber
of Commerce, Chabot College, California
State University East Bay
Funding Source(s) General Fund

3. Cradle-to-Career Strategic Plan and Annual Report. The City shall coordinate with the Hayward Local Agency Committee, local businesses, community organizations, Chabot College, and California State University, East Bay to develop a Cradle-to-Career Strategic Plan. The City shall submit an annual report to the City Council that evaluates the implementation of the Cradle-to-Career Strategic Plan. [Source: New Program; City Staff] (MPSP/PSR/JP/IGC) ✓ ✓
Implements Which Policy(ies)
EDL-1.1, EDL-1.2, EDL-1.3, EDL-1.6,
EDL-2.3, EDL-2.4, EDL-2.5, EDL-2.6,
EDL-2.7, EDL-2.9, EDL-2.10, EDL-4.4,
EDL-4.5, EDL-4.6, EDL-4.10, EDL-5.1,
EDL-5.2, EDL-5.4, EDL-5.6
General Plan
City of Hayward Policy Document

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Table EDL EDUCATION AND LIFELONG LEARNING
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Responsible Department(s) Library and Community Services Supporting Department(s)/
Partner(s)
City Manager, Hayward Area Recreation
and Park District, Hayward Unified School
District, Chamber of Commerce, Alameda
County Workforce Investment Board, Eden
Area Regional Occupation Program, Chabot
College, California State University East
Bay
Funding Source(s) General Fund, Grants

4. Education Awards Program. The City shall establish an annual awards program to recognize and honor the achievements of students, local schools, and businesses and community organizations that support local schools. [Source: New Program; City Staff] (MPSP/JP/CSO) ✓ Implements Which Policy(ies) EDL-2.12, EDL-2.13
Responsible Department(s) Library and Community Services Supporting Department(s)/
Partner(s)
City Manager, Hayward Unified School
District, Chamber of Commerce
Funding Source(s) General Fund

5. Public School Marketing Campaign. The City shall coordinate with local school districts, alumni networks, real estate professionals, and the business community to develop and implement a comprehensive marketing campaign that promotes the positive achievements of local schools and helps change the perception and conversation about the quality of public schools in Hayward. [Source: New Program; City Staff]
(IGC/JP/MPSP/PI) ✓ ✓ Implements Which Policy(ies) EDL-2.14 Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Library and Community Services, Chamber
of Commerce, Hayward Unified School
District, Bay Association of Realtors
Funding Source(s) General Fund, Grants

6. Library Strategic Plan and Annual Report. The City shall develop and adopt a Library Strategic Plan. The City shall submit an annual report to the City Council that evaluates the implementation of the Library Strategic Plan. [Source: New Program; City Staff] (MPSP/PSR)
✓ ✓
Implements Which Policy(ies)
EDL-1.2, EDL-1.3, EDL-1.6, EDL-2.5,
EDL-2.7,EDL-4.4, EDL-4.5, EDL-4.6,
EDL-5.4, EDL-5.5, EDL-6.1, EDL-6.2,
EDL-6.3, EDL-6.4, EDL-6.5
Responsible Department(s) Library and Community Services General Plan
Policy Document Administration and Implementation

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Table EDL EDUCATION AND LIFELONG LEARNING
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

7. Library Facility Revenue Measure. The City shall develop and promote a local library facility revenue measure to be considered by Hayward voters. [Source: New Program; City Staff] (FB/CSO/PI)
✓
Implements Which Policy(ies) EDL-6.1, EDL-6.2,3, EDL-6.2, EDL-6.7 Responsible Department(s) Library and Community Services Supporting Department(s)/
Partner(s)
City Manager, Finance, City Attorney, City
Clerk
Funding Source(s) General Fund

8. Library Fee Ordinance. The City shall prepare a Development Impact Fee Feasibility Study and Nexus Report to assess the potential for establishing development impact fees for library services. Based on the findings of the Feasibility Study and Nexus Report and direction from the City Council, the City may prepare and adopt an impact fee ordinance for library services. [Source: New Program; City Staff] (FB/CSO/RDR) ✓ Implements Which Policy(ies) EDL-6.8 Responsible Department(s) Library and Community Services Supporting Department(s)/
Partner(s)
City Manager, Finance, City Attorney,
Development Services
Funding Source(s) General Fund

General Plan
City of Hayward Policy Document

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Table HQL COMMUNITY HEALTH AND

QUALITY OF LIFE ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Healthy Community Program. The City shall partner with local health officials, planners, nonprofit organizations, businesses, schools, hospitals, local health clinics, and community groups to conduct a study to identify strategies, programs, and practices that prioritize the overall health of Hayward residents and employees. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on ways the City can prioritize community health and remove barriers to healthy living. [Source: New Program, City Staff] (PSR) ✓ Implements Which Policy(ies) HQL-1.1, HQL-1.3
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Development Services, Library and
Community Services, Healthy Eating Active
Living Cities
Funding Source(s) General Fund, Grants

2. Healthy Development Checklist. The City shall develop a checklist of health strategies that could be incorporated into the design of discretionary development projects and plans. The City shall share this resource with project applicants to help them design their projects to promote community health. [Source: New Program, City Staff] (RDR/PI)
✓ Implements Which Policy(ies) HQL-2.1, HQL-5.2 HQL-5.3, HQL-6.5 Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Utilities and Environmental
ServicesPublic Works & Utilities, Healthy
Eating Active Living Cities
Funding Source(s) General Fund, Grants

3. Food Policy Task Force. The City shall work with Healthy Eating Active Living Cities Campaign (HEAL) to develop and maintain a task force to advance healthy food options within the city. [Source: New Program, City Staff] (IGC/PI)
✓ ✓
Implements Which Policy(ies) HQL-3.1
Responsible Department(s) Library and Community Services Supporting Department(s)/
Partner(s)
City Manager, Development Services,
Public Works – Utilities and Environmental
ServicesPublic Works & Utilities, Healthy
Eating Active Living Cities
Funding Source(s) General Fund
General Plan
Policy Document Administration and Implementation

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Table HQL COMMUNITY HEALTH AND

QUALITY OF LIFE ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

4. Senior Assistance Program. The City shall conduct a study to identify service assistance, grants, loans, and/or special concessions in permitting procedures to maintain or modify homes to meet the needs of aging senior residents. Based on findings from the study, the City shall prepare and submit recommendations to the City Council on types of services, financial assistance, or incentives the City can provide to help meet the housing needs of seniors. [Source: New Program, City Staff] (PSR) ✓ Implements Which Policy(ies) HQL-6.4
Responsible Department(s) Library and Community Services, Supporting Department(s)/
Partner(s)
Development Services, City Manager,
Finance
Funding Source(s) General Fund, Grants

5. Urban Forest Management Plan. The City shall develop and adopt an Urban Forest Management Plan. [Source: New Program, City Staff] (MPSP)
✓
Implements Which Policy(ies) HQL-8.1, HQL-8.2
Responsible Department(s) Maintenance Services
Supporting Department(s)/
Partner(s)
Development Services, Public Works –
Utilities and Environmental Services, City
Manager
Funding Source(s) General Fund, Grants

6. Climate Change Vulnerability Assessment Strategy and Annual Report. The City shall prepare a climate change vulnerability assessment strategy to evaluate the cities susceptibility to climate change impacts and identify tools and strategies to mitigate impacts and create a more resilient city. The City shall submit an annual report to the City Council on implementation of the strategy. [Source: New Program, City Staff] (MPSP) ✓ ✓ Implements Which Policy(ies) HQL-9.1, HQL-9.7, HQL-9.8 Responsible Department(s) Public Works – Utilities and Environmental Services
Supporting Department(s)/
Partner(s) City Manager, Development Services
Funding Source(s) General Fund, Grants

7. Parks and Recreation Guidelines. The City shall work with Hayward Area Recreation and Park District to develop and adopt urban park guidelines that provide flexible solutions for developing urban parks in infill areas where traditional neighborhood and community parks are not feasible or appropriate. [Source: New Program, City Staff] (MPSP/IGC) ✓
General Plan
City of Hayward Policy Document

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Table HQL COMMUNITY HEALTH AND

QUALITY OF LIFE ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies) HQL-10.1, HQL-10.2, HQL-10.3, HQL-

10.4 Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park District,
City Manager, Maintenance Services
Funding Source(s) General Fund, Grants

8. Park Dedication Requirements and In-Lieu Fees. The City shall work with the Hayward Area Recreation and Park District to review and amend its ordinances (as necessary) to require sufficient park dedications or in- lieu fees to meet the parkland standards outlined in the General Plan. [Source: New Program, City Staff] (RDR/IGC)
✓ Implements Which Policy(ies) HQL-10.12, HQL-10.13 Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park District,
City Manager, City Attorney
Funding Source(s) General Fund, Grants

9. Park Dedication Incentives Program. The City shall develop an incentives program that encourages private development to dedicate parkland beyond the minimum requirements. [Source: New Program, City Staff] (RDR/MPSP/IGC)
✓ Implements Which Policy(ies) HQL-10.12, HQL-10.13
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park District,
City Manager
Funding Source(s) General Fund, Grants

10. Park Surveillance Program. The City shall develop and implement a park surveillance program to train citizens and neighborhood groups in the proper methods of park surveillance and how to coordinate with the Police Department to report safety issues and address neighborhood concerns. [Source: New Program, City Staff] (MPSP/IGC)
✓ ✓ Implements Which Policy(ies) HQL-10.10
Responsible Department(s) Police
Supporting Department(s)/
Partner(s)
Hayward Area Recreation and Park District,
City Manager, Development Services
Funding Source(s) General Fund, Grants

General Plan
Policy Document Administration and Implementation

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Table PFS PUBLIC FACILITIES AND SERVICES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Capital Improvement Program. The City shall annually review and update the Capital Improvement Program to ensure adequate and timely provision of public facility and municipal utility provisions. [Source:

Existing City Program] (MPSP/FB)
✓
Implements Which Policy(ies) PFS-1.1
Responsible Department(s)
Public Works – Engineering and
Transportation, Public Works-Utilities and
Environmental Services
Supporting Department(s)/
Partner(s)
City Manager, Maintenance Services,
Finance
Funding Source(s) General Fund

2. Water Conservation Programs. The City shall regularly develop cost effective conservation programs that decrease water use. [Source: New Program, City staff] (MPSP)
✓
Implements Which Policy(ies) PFS-3.15
Responsible Department(s) Public Works-Utilities and Environmental Services
Supporting Department(s)/
Partner(s) Development Services, EBMUD
Funding Source(s) Water Enterprise Fund

3. Public Use Telecommunications Systems and Services Plan. The City shall prepare a plan for the incorporation and accessibility of state-of-the- art, attractive telecommunication systems and services for public use in public buildings and support the development of internet-connected informational kiosks in public places and streetscapes. [Source: New Program, City staff] (MPSP) ✓
Implements Which Policy(ies) PFS-9.1 through PFS-9.10
Responsible Department(s) Information Technology
Supporting Department(s)/
Partner(s) City Manager, Development Services
Funding Source(s) General Fund

4. Requirements for Telecommunication Technologies in New Planned Development. The City shall prepare an ordinance to establish requirements for the installation of state-of-the-art internal telecommunications technologies in new planned developments and office and commercial developments. [Source: New Program, City staff] (RDR) ✓
Implements Which Policy(ies) PFS-9.5
Responsible Department(s) Development Services
General Plan
City of Hayward Policy Document

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Table PFS PUBLIC FACILITIES AND SERVICES ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Supporting Department(s)/
Partner(s)
Information Technology, Public Works –
Engineering and Transportation
Funding Source(s) General Fund

5. Construction and Demolition Debris Recycling Ordinance. The City shall revise the Construction and Demolition Debris Recycling Ordinance to be consistent with the processing capabilities Alameda County transfer stations and waste facilities. [Source: New Program, Climate Action Plan] (RDR)
✓ Implements Which Policy(ies) PFS-7.4, PFS-7.12
Responsible Department(s) Public Works-Utilities and Environmental Services
Supporting Department(s)/
Partner(s)
Development Services, Alameda County
Waste Management Authority, City’s
franchisee for solid waste and recycling
Funding Source(s) Recycling Fund

6. Rainwater Harvesting and Greywater Systems. The City shall study the feasibility of amending the City’s building and development codes to encourage rainwater harvesting and greywater systems. Based on findings from the study, the City shall prepare and submit recommendations to the City Council to amend the building and development codes as necessary, [Source: New Program, Climate Action Plan] (PSR)

✓

Implements Which Policy(ies) PFS-5.4, PFS-5.9
Responsible Department(s) Public Works-Utilities and Environmental Services, Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) Water Enterprise Fund

7. Underground Utility Ordinance. The City shall prepare an ordinance that establishes thresholds and requirements for private developers to underground utilities along the street frontage of their project site. [Source:

New Program; City Staff] (RDR)
✓
Implements Which Policy(ies) PFS-8.3, PFS-8.5, PFS-8.6, PFS-8.7, LU-

4.11 Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s)
Public Works – Utilities and Environmental
ServicesPublic Works & Utilities, Public
Works – Engineering and Transportation,
City Manager
Funding Source(s) General Fund
General Plan
Policy Document Administration and Implementation

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General Plan
City of Hayward Policy Document

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Table EJ Environmental Justice ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

1. Program EJ-1.1: Develop freeway-adjacent urban greening initiatives, including vegetative barriers and greenwalls, to reduce the impacts from Diesel Particulate Matter pollution on sensitive land uses located adjacent to major highways and roadways. [Source: New Program, see also CAP CS-1.5]
✓ Implements Which Policy(ies) EJ-1.1, EJ-1.2
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

2. Program EJ-1.2: Establish an Air Filtration Grant program for low- income residents, allowing for free indoor air filtration improvements to qualifying community members. Coordinate with the Bay Area Air Quality Management District (BAAQMD) to explore opportunities to collaborate on existing initiatives. [Source: New Program, City Staff] ✓ Implements Which Policy(ies) EJ-1.3
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s)
Bay Area Air Quality Management District,
City Manager
Funding Source(s) General Fund, Grants

3. Program EJ-1.3: Advocate for the Hayward Unified School District to install MERV-13 air filtration systems in all local schools to reduce the impacts from air pollution, especially Particulate Matter pollution. [Source: New Program, City Staff]
✓ Implements Which Policy(ies) EJ-1.4
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund

4. Program EJ-1.4: Incorporate the BAAQMD Spare the Air widget into the City’s webpage to highlight daily air quality information and highlight when air quality is notably critical. [Source: New Program, City Staff]
✓ Implements Which Policy(ies) EJ-1.5
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s) Public Works & Utilities
General Plan
Policy Document Administration and Implementation

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Table EJ Environmental Justice ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Funding Source(s) General Fund

5. Program EJ-1.5: Prepare and publish an annual report identifying the location and status of local cleanup sites and hazardous waste facilities to keep residents informed about local polluting sources. Identify sites that are at risk of contaminant mobilization due to sea level or groundwater rise. [Source: New Program, City Staff]

✓
Implements Which Policy(ies) EJ-1.6
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund

6. Program EJ-1.6: Develop a community protection program that offers health resources, monitoring, and additional support to residents living within a half-mile radius of a hazardous waste facility or cleanup site. [Source: New Program, City Staff]
✓ Implements Which Policy(ies) EJ-1.7
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) Public Works & Utilities
Funding Source(s) General Fund, Grants

7. Program EJ-1.7: Perform a review of designated truck routes in the City to identify routes abutting residential land uses that can be effectively rerouted. Develop a Truck Route Ordinance to designate Truck Prohibited Streets and include fines and penalties to enforce restrictions. [Source: New Program, City Staff]
✓ Implements Which Policy(ies) EJ-1.8, EJ-1.9, EJ-1.10 Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund

8. Program EJ-1.8: Identify areas within the City where excessive truck idling is occurring and post “no idling” signage that is visibly accessible for motor vehicles utilizing the roadways. [Source: New Program, City Staff]
✓ Implements Which Policy(ies) EJ-1.8, EJ-1.9, EJ-1.10 Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) Development Services
General Plan
City of Hayward Policy Document

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Table EJ Environmental Justice ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Funding Source(s) General Fund

9. Program EJ-2.1: Prepare a City-wide connectivity assessment in coordination with HARD, including bike lanes, greenways, existing and planned trails and parks as part of the City's future Bicycle and Pedestrian Master Plan update. City will include parking assessments as part of future parking studies. Develop a summary report that identifies priority improvement areas for connectivity. [Source: New Program, City Staff]

✓

Implements Which Policy(ies) EJ-2.1, EJ-2.2, EJ-2.3
Responsible Department(s) Public Works & Utilities, Development Services
Supporting Department(s)/
Partner(s) Hayward Area Recreation and Park District
Funding Source(s) General Fund

10. Program EJ-2.2: Update the Municipal Code to require that future community parks incorporate a connectivity assessment and active transportation improvements [Source: New Program, City Staff]

✓
Implements Which Policy(ies) EJ-2.1, EJ-2.2, EJ-2.3
Responsible Department(s) Public Works & Utilities, Development Services
Supporting Department(s)/
Partner(s) Hayward Area Recreation and Park District
Funding Source(s) General Fund

11. Program EJ-2.3: Support HARD with implementation of programs and policies outlined within the HARD Park and Recreation Master Plan, with priority given to programs focused on the central portion of the City of Hayward. [Source: New Program, City Staff]

✓

Implements Which Policy(ies) EJ-2.1, EJ-2.2, EJ-2.3
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) City Manager, Development Services
Funding Source(s) General Fund, Grants

12. Program EJ-2.4: Support implementation of policies and programs outlined within the HARD Parks and Recreation Master Plan. [Source:

New Program, City Staff]

✓ Implements Which Policy(ies) EJ-2.1, EJ-2.2, EJ-2.3
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) City Manager Development Services
General Plan
Policy Document Administration and Implementation

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Table EJ Environmental Justice ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Funding Source(s) General Fund

13. Program EJ-2.5: Identify underutilized rights-of-way in the central portion of the City and develop a program for gradual conversion of these spaces for public gathering. [Source: New Program, City Staff]

✓

Implements Which Policy(ies) EJ-2.3
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) Public Works & Utilities, City Manager
Funding Source(s) General Fund, Grants

14. Program EJ-2.6: Support collaboration and partnership between Hayward Police Department, Hayward Evaluation and Response Teams and HARD’s Public Safety Division to ensure park patron safety. [Source: New Program, City Staff]

✓

Implements Which Policy(ies) EJ-2.5
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) Hayward Area Recreation and Park District
Funding Source(s) General Fund

15. Program EJ-2.7: Perform a biennial review of local bus stops and shelters to access the quality and adequacy of facilities. Develop improvement priorities based on the findings and coordinate with AC Transit to facilitate these improvements. [Source: New Program, City Staff]
Implements Which Policy(ies) EJ-2.6
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) AC Transit
Funding Source(s) General Fund

16. Program EJ-2.9: Perform an assessment of the location of EV charging stations across the City to identify priority areas using an equity lens.

Update the Municipal Code to incentivize the placement of EV charging stations in Station Priority Areas. [Source: New Program, City Staff] Implements Which Policy(ies) EJ-2.9
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund

17. Program EJ-3.1: Develop and expand city programs that are focused on public nutritional education. [Source: New Program, City Staff] General Plan
City of Hayward Policy Document

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Table EJ Environmental Justice ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies) EJ-3.2
Responsible Department(s) Community Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

18. Program EJ-3.2: Partner with local non-profits and food banks to expand the availability of subsidized food programs for marginalized communities. [Source: New Program, City Staff]

✓ Implements Which Policy(ies) EJ-3.2, EJ-3.3
Responsible Department(s) Development Services
Supporting Department(s)/
Partner(s) City Manager
Funding Source(s) General Fund, Grants

19. Program EJ-3.3: Develop a City-sponsored food delivery program for senior citizens and disabled residents in Hayward that may have limited access to food banks and non-profits due to transportation impediments. [Source: New Program, City Staff]

✓

Implements Which Policy(ies) EJ-3.3
Responsible Department(s) Community Services
Supporting Department(s)/
Partner(s) Development Services
Funding Source(s) General Fund, Grants

20. Program EJ-3.4: Partner with Alameda County in the All In Eats and other programs intended to support the circular food economy and expand food access. Develop a “Nutritional Resources” informational flyer that outlines Federal, State, and local food and nutritional resources for low-income residents. Disseminate the “Nutritional Resources” flyer by posting it on the City’s official social media and dispersing it as a “take-home” document to be provided for all families of children through the public school system. [Source: New Program, City Staff]

✓
Implements Which Policy(ies) EJ-3.3
Responsible Department(s) Public Works & Utilities
Supporting Department(s)/
Partner(s)
Development Services, Community Services
Alameda County Administrator’s Office
Funding Source(s) General Fund, Grants

21. Program EJ-4.1: Continue implementing Minor Home Repair Program for lower-income householders, including elderly and/or disabled homeowners, to make minor home repairs to address health and safety problems. (Source: Housing Element Program H-1)

General Plan
Policy Document Administration and Implementation

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Table EJ Environmental Justice ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing
Implements Which Policy(ies) EJ-4.2 ✓
Responsible Department(s) Development Services, City Manager Supporting Department(s)/
Partner(s)
Community Services, Public Works &
Utilities
Funding Source(s) General Fund, Grants

22. Program EJ-4.2: Continue to implement and, if warranted, expand the Tenant Relocation Assistance Ordinance and Emergency Relocation Assistance to mitigate the impacts of identifying uninhabitable units through the rental inspection program. [Source: New Program, City Staff]

✓
Implements Which Policy(ies) EJ-4.3
Responsible Department(s) Development Services, City Manager Supporting Department(s)/
Partner(s) Community Services
Funding Source(s) General Fund

23. Program EJ-4.4: Hold quarterly meetings on various housing related topics (i.e. tenant resources, Residential Rent Stabilization Ordinance and Tenant Protection Ordinances, foreclosure prevention among other topics). Keep a list of attendees, population and housing characteristics via survey to ensure that outreach is targeted to Low Resource, high need areas and households as determined by updated TCAC and/or CalEnviroScreen maps (Source Housing Element Program H-20).

✓
Implements Which Policy(ies) EJ-4.4
Responsible Department(s) Development Services, City Manager Supporting Department(s)/
Partner(s)
Community Services, Public Works &
Utilities
Funding Source(s) General Fund

24. Program EJ-5.1: Inform the public about heightened local asthma risk by developing an asthma informational document identifying warning signs, prevention strategies, and County Public Health Department resources. Disseminate asthma informational documents broadly to residents of the City. [Source: New Program, City Staff]

✓

Implements Which Policy(ies) EJ-5.1
Responsible Department(s) Community Services
Supporting Department(s)/
Partner(s)
City Manager, Development Services,
Public Works & Utilities, Alameda County
Public Health Department
Funding Source(s) General Fund, Grants
General Plan
City of Hayward Policy Document

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Table EJ Environmental Justice ELEMENT
Implementation Programs
2014-2016
2017-2019
2020-2040
Annual
Ongoing

25. Program EJ-5.2: Advocate for the Alameda County Health Department and Hayward Unified School District to facilitate an in-school asthma screening program. [Source: New Program, City Staff]

✓

Implements Which Policy(ies) EJ-5.1
Responsible Department(s) City Manager
Supporting Department(s)/
Partner(s)
Library Manager and Community Services,
Development Services, Alameda County
Health Department, Hayward Unified
School District
Funding Source(s) General Fund, Grants

26. Program EJ-5.3: Increase access to health services by coordinating with the Fire Department to expand the use of the Firehouse Clinic Model to additional firehouse locations throughout the City, with priority given to locations in the central and western portion of the City. [Source: New Program, City Staff]

Hayward City CouncilJanuary 30, 2024

Hayward City Council
January 30, 2024