Agenda Packet — Hayward City Council, May 21, 2024 (part 2 of 2)

DATE: May 21, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the Interim City Manager to Approve and Execute an Agreement Between the City of Hayward and Dutra Enterprises, Inc., for The San Lorenzo Creek Bank Emergency Repair and Cost Sharing in an Amount not to Exceed $400,000; and Determining that the Proposed Project is Categorically Exempt from CEQA.

RECOMMENDATION

That the Council adopts the attached resolution (Attachment II) authorizing the Interim City Manager to approve and execute an agreement for the San Lorenzo Creek Bank Emergency Repair between the City of Hayward and Dutra Enterprises, Inc., and approving cost share therefor to an amount not exceeding $400,000.

SUMMARY

The proposed agreement (Attachment III) provides for Dutra Enterprises, Inc. (Dutra) to repair and restore the San Lorenzo Creek Bank and a storm drain outfall to their pre- damage conditions, a short distance upstream on the A Street Bridge. A portion of the concrete armoring on the creek bank, that fell in the creek last winter, will be removed and new concrete armoring will be constructed to replace it. An erosion cavity created behind the damaged creek bank area will be backfilled and approximately 100-ft. of damaged storm drainpipe will also be replaced. The required emergency repair work is shown in Exhibit A attached to this report. The storm drainpipe discharges drainage from approximately 16 acres of residential area in the City, generally along B Street and 4th Street.

Dutra will complete the above described work under the terms and conditions of emergency permits issued to the City by the creek regulatory agencies and the City issued grading permit. Dutra will employ a team of the California State licensed and qualified construction contractor(s) and consultants with expertise in engineering, environmental and permit related fields. City will agree to reimburse 50% share of the total reasonable cost of this project.

BACKGROUND

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The creek bank collapse and storm drain damage was discovered by Dutra in late February 2024. The damage area is located, approximately 50 feet upstream of the A Street bridge, on a property currently owned by Dutra. The City has approved development of 41 single- family homes on this property.

Dutra and the City have determined that unless the damage to the Storm Drain, Outfall and Streambank is repaired immediately, the water flowing through the collapsed Storm Drain and Creek will continue to undermine and damage the existing concrete armoring as further washout and erosion occurs and will eventually impact the downstream abutment supporting the A Street bridge;

Dutra has offered to assist the City with the permitting and the needed repairs through its team of State licensed and qualified construction contractor(s), engineering and other professionals. Regulatory agency permits have been secured for completion of the required repair and restoration in the summer of 2024 subject to the conditions of the U.S. Army Corps of Engineers (“USACE”) Regional General Permit 5 issued on 4/23/2024 and permits from the State Water Quality Control Board and the State Department of Fish and Wildlife. The Alameda County Flood Control and Water Conservation District permit is not required for the planned work. The City’s grading permit will be issued to the construction contractor selected by the property owner when typically required insurances and securities for performance of the work and payment for labor and material are in place.

DISCUSSION

A plan for this work is shown in Exhibit A. Emergency Repairs shall be completed by California State Licensed and qualified contractors to be retained by Dutra and approved by the City Director of Public Works for the reconstruction of the Creek bank, bank armoring and approximately 100 feet of 18-inch diameter drainpipe damaged during recent storm events as per the conditions of the US Army Corps of Engineers permit number SPN-2024-00152 and as per the Avoidance and Minimization Measures stated in California Department of Fish and Wildlife Notification of Emergency Work.

Cost Sharing: City will reimburse Dutra 50% share of the total cost of professional services required for the site reconnaissance, preliminary engineering , environmental review, construction plans and securing the regulatory agency permits and the site restoration and storm drain replacement work. Dutra has obtained a proposal, dated 4/3/2024, from McGuire and Hester, a California state licensed Class A construction contractor, to perform the Emergency Repairs as detailed in Exhibit B.

Staff deems the proposal submitted by McGuire and Hester reasonable, responsible and acceptable. This proposal is based on the work scope shown on the Exhibit A. Construction contract change and the corresponding change in the contract price would be required if the field conditions require a change in the contract work scope. Such contract change would require approval of the City’s Public Works Director. Emergency repair work is expected to start in May 2024, soon after the City’s approval of the required insurance and

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a grading permit. Both parties shall continue to share costs on a 50/50 basis for the work required beyond the initially estimated work shown in Exhibit A.

Total project cost is preliminarily estimated as follows:

Preliminary constriction cost (McGuire and Hester Proposal): $ 380,360 Construction Contingencies (30%) $ 114,140
Permitting assistance and fees $ 37,500
Preliminary and Construction Engineering $ 70,000
Preliminary and final video inspection of drain pipe $ 30,000

TOTAL $ 632,000

City’s 50% share of the estimated total cost may exceed $300,000. Staff requests the City Council to approve an initial allocation of $400,000 for this project with the hope that the final cost will be significantly lower.

The agreement requires both part ies to work towards applying for and securing any government reimbursements with each party receiving 50% of any and all reimbursements.

ENVIRONMENTAL REVIEW

The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities of the CEQA guidelines.

ECONOMIC IMPACT

This item has no direct economic impact.

FISCAL IMPACT

This emergency work is not included in the City’s Capital Improvement Program. If the City Council is to approve as requested to allow expenditure of a total amount not exceeding $400,000 from the Capital General Project Fund for the City’s 50% cost share of the project.

The funds not expended for the project will be reverted back to the City’s Capital General Project Fund.

STRATEGIC ROADMAP

This item supports Council’s strategic priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following project(s):

 Invest in Infrastructure

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SUSTAINABILITY FEATURES

The project plans to replace approximately 100-ft. length of a damaged storm drain, which would help ensure proper drainage in the City-maintained segments of B Street and 4th Street and properties along these streets. The San Lorenzo Creek bank damaged in the last winter will be repaired and re-armored before the next winter rains to alleviate potential threat to A Street bridge and properties along the creek bank.

PUBLIC CONTACT

The property owners in the project vicinity will be notified by mail of the proposed work, its necessity and the measures considered to minimize its construction period impacts.

NEXT STEPS

If Council approves and authorizes allocation of $400,000 for the San Lorenzo Creek Bank Emergency Repair and Storm Drain Replacement project, the Interim City Manager will execute the Agreement between the City of Hayward and Dutra Enterprises, Inc.

The project construction schedule is outlined below:

Site survey to locate any protected and endangered habitat: May 20, 2024 Construction Start May 27,2024
Construction Completion August 30, 2024

Prepared by: Saeed Saebi, Senior Civil Engineer
Mo Sharma, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-

Introduced by Council Member

RESOLUTION APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER

TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF HAYWARD AND DUTRA ENTERPRISES, INC. , FOR THE SAN LORENZO CREEK BANK EMERGENCY REPAIR AND 50% COST SHARE OF UP TO $400,000 FOR THE CITY’S GENERAL FUND AND DETERMINING THAT THE PROPOSED PROJET IS

CATEGORICALLY EXEMPT FROM CEQA

WHEREAS, in February 2024 a small section of San Lorenzo Creek bank and a storm drain outfall were found to have collapsed with significant erosion cavities, approximately 50 feet upstream of the A Street bridge; and

WHEREAS, it is necessary to restore the creek bank, its concrete armoring and the storm drain outfall system to their pre-damage conditions before the next heavy creek flows to alleviate further damage to the creek bank and the A Street bridge abutments; and

WHEREAS, it is necessary to replace the 100 -ft. length of damaged existing 18-inch storm drain to properly discharge drainage collected from approximately 16 acres of predominantly residential area in the City of Hayward along B Street and 4th Street; and

WHEREAS, Dutra Enterprises, Inc. is the current owner of a property along the damaged creek bank and this property is approved for development of 41 single family homes; and

WHEREAS, Dutra Enterprises, Inc. has offered to retain the services of qualified and the State licensed professionals and construction contractors, assist the City with preparation of the construction design plans , secure regulatory agency permits and complete the required emergency repairs; and

WHEREAS, the City has secured the required regulatory permits and is prepared to issue a grading permit to McGuire and Hester, a Class A State licensed construction contractor retained by Dutra Enterprises, Inc.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Hayward that the Interim City Manager is authorized to approve and execute an agreement, in a form approved by the City Attorney, between the City of Hayward and Dutra Enterprises, inc. for the San Lorenzo Creek Bank Emergency Repair: and

ATTACHMENT II

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BE IT FURTHER RESOLVED that the Council of the City of Hayward authori zes allocation of up to $400,000 from the City’s Capital General Project Fund balance for reimbursement to Dutra Enterprises, Inc ., or its nominee , of 50% of the total cost of the project, including but not limited to, preparing studies and construction plans , securing regulatory agency permits, retaining of construction contractors, and for all other reasonable costs required for completion of the emergency repair works as approved by the City Engineer.

BE IT FURTHER RESOLVED that the Council of the City of Hayward determines that the proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Sec tion 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities of the CEQA guidelines.

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

1 AGREEMENT FOR THE SAN LORENZO CREEK BANK EMERGENCY REPAIR BETWEEN THE CITY OF HAYWARD AND DUTRA ENTERPRISES, INC.

THIS AGREEMENT, dated for convenience this ___ day of May, 2024, is by and between Dutra Enterprises, Inc., a California Corporation ("DEI") or its nominee, J. Darwin Homes LLC, a California Limited Liability Company, and the CITY OF HAYWARD, a municipal corporation of the State of California ("City") (collectively, DEI or its nominee and the City shall be referred as to as “the Parties”).

RECITALS:

WHEREAS, a storm drain outfall and streambank (the “Outfall and Streambank”) is located along the San Lorenzo Creek (Creek), approximately 50 feet upstream from the A Street bridge crossing of Creek in the City of Hayward, Alameda County, California (Lat.

37.6787117, Long. -122.0765198);

WHEREAS, DEI is as of the date of this Agreement is the owner of real property adjacent to the Outfall and Streambank and shall be transferring its interest to its nominee, J Darwin Homes LLC California Limited Liability Company, (sometimes hereinafter referred to as the “nominee” or “Property Owner”) with the Parties agreeing that upon recordation of DEI’s transfer of interest to its nominee, all rights and obligations by DEI under this Agreement shall be transferred or otherwise assigned to the Property Owner, with the City looking to the Property Owner and not to DEI for performance of the terms of this Agreement. J. Darwin Homes shall execute an addendum to this Agreement confirming its status as Property Owner and assumption of all obligations under this Agreement.

WHEREAS, a recent inspection of the Storm Drain confirmed that it has collapsed and identified an approximately 30-foot-wide bank concrete lining collapse and washout area at the Outfall and Streambank;

WHEREAS, the Property Owner and the City have determined that unless the damage to the Storm Drain, Outfall and Streambank is repaired immediately, the water flowing through the collapsed Storm Drain and Creek will continue to undermine and damage the existing concrete armoring as further washout and erosion occurs and will eventually impact the downstream abutment supporting the A Street bridge;

WHEREAS, The Property Owner and the City have concluded that specific actions are necessary to prevent an emergency that would compromise public health, safety, and welfare;

WHEREAS, Property Owner has offered to assist the City with the permitting and the needed repairs through its team of State licensed and qualified construction contractor(s), engineering and other professionals;

WHEREAS, the City intends, through Property Owner, to complete emergency repairs to the Storm Drain, Outfall and Streambank along Creek under provisions of the U.S.

DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 2 Army Corps of Engineers (“USACE”) Regional General Permit (“RGP”) 5, permits from the State and local regulatory agencies and a grading permit from the City of Hayward.

NOW, THEREFORE, Property Owner and the City agree as follows:

AGREEMENT:

Scope of Service. Because of the exigency of the issue and to abate the emergency, Property Owner has agreed to assist the City in applying for and securing all related permits and completing the required repairs to the Storm Drain, Outfall and Streambank, and related work as required by the permit(s) conditions (“Emergency Repairs”). A plan for this work is shown in Exhibit A.

Emergency Repairs shall be completed by California State Licensed and qualified contractors to be retained by Dutra Enterprises and approved by the Director of Public Works of the City (hereinafter, “Contractors”) for the reconstruction of the Creek bank, bank armoring and approximately 100 feet of 18-inch diameter drainpipe damaged during recent storm events as per the conditions of the US Army Corps of Engineers permit SPN-2024-00152 issued on 4/23/2024 and as per the Avoidance and Minimization Measures stated in California Department of Fish and Wildlife Notification of Emergency Work, also enclosed in Exhibit A.

1. Cost Sharing. Property Owner has obtained the attached proposal, dated 4/3/2024, from McGuire Hester to perform the Emergency Repairs as detailed in Exhibit B. Upon receiving the required p ermits, Property Owner shall engage Contractor to perform said repairs subject to City approval of the Contractor’s agreement (price, terms and conditions), license, insurance, and permits being obtained as required by the City. City agrees to reimburse Property Owner up to fifty percent (50%) of the Property Owner ’s expenses reasonably incurred for the Emergency Repairs (the “ Property Owner Reimbursement”), including but not limited to the Property Owner studies, permits, design, construction, inspection, material testing, construction reports , city and other agency fees, and as -built plans , and to do so within 30-days of receiving invoices from Property Owner. Should further work be required either by the Contractor and/or City, County, State or Federal Agencies - for additional emergency and/or permanent repairs associated with the Emergency Permit beyond the work set forth in Exhibit B, – both parties shall continue to share costs on a 50/50 basis.

Finally, Property Owner agrees to work with the City to obtain Government Reimbursements with each party receiving 50% of any and all Governmental Reimbursements.

2. Effective Date and Term . This agreement shall apply retroactively to April 15, 2024 and shall continue in full force and effect until completion of the Emergency Repairs. Property Owner shall make commercially reasonable and good faith efforts to complete the Emergency Repairs before September 1, 2024.

3. Indemnification. Indemnification of City Prior To Commencement of Emergency Repairs.

Property Owner shall ensure that each of the Contractors agrees to indemnify, defend, and hold City, its officers, employees, agents, and volunteers harmless from and against any DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 3 and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connec tion with the negligent or intentional acts or omissions of Contractors, their employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising solely out of the active negligence, sole neg ligence, or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Contractors to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. The Property Owner and City agree to work with each other in executing any necessary documents as may be required in order for the Contractors to bear sole liability for indemnifying the City as required pursuant to the terms of this agreement. The City shall agree in writing that the City has reviewed and approved the agreements by and between the Property Owner and the Property Owner’s contractors.

4. Insurance. On or before beginning any of the services or work called for by any term of this agreement, Property Owner shall ensure that each of the Contractor s, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. The City shall agree in writing that the City has reviewed and approved the insurance policies specified in subsections (a) through (c) by and betw een the Property Owner and the Property Owner’s insurers.

a. Workers’ Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Contractor shall be provided with limits not less than one million dollars. In the alternative, Contractor may rely on a self -insurance program to meet these requirements so long as the program of self -insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Contractor, if a program of self -insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this agreement.

b. Commercial General and Automobile Liability. Contractor, at Contractor’s own costs and expense, shall maintain commercial general and automobile liability insurance for the period covered by this agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance or DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 4 an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this ag reement, including the use of owned and non- owned automobiles.

Coverage shall be as broad as Insurance Services Office Commercial Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

i. City, its officers, employees, agents, and volunteers are to be covered as insureds as respects each of the following: liability arising out of activities performed by or on behalf of Contractor , including the insured's general supervision of Contractor; products and completed operations of Contractor ; premises owned, occupied or used by Contractor ; or automobiles owned, leased, hired, or borrowed by Contractor . The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, employees, agents, or volunteers.
ii. The insurance shall cover on an occurrence basis, and not on the basis of an accident or claims made.
iii. The insurance must cover personal injuries as well as bodily injuries. Any exclusion of contractual liability in personal injury provisions of the policy or any endorsement to it must be eliminated.
iv. The insurance must cover complete contractual liability. This may be provided by amending the definition of "incidental contract" to include any written agreement.
v. Any explosion, collapse, and underground property damage exclusion must be deleted.
vi. An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.
vii. The policy must contain a cross liability or severability of interests clause. viii. Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
ix. Broad form property damage liability must be afforded. A deductible that does not exceed $25,000 may be provided.
x. Insurance is to be placed with California- admitted insurers with a Best's rating of no less than B:XI.
xi. Notice of cancellation or non -renewal must be received by City at least thirty days prior to such change.

DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 5 c. Professional Liability. Contractor, at Contractor 's own cost and expense, shall maintain for the period covered by this agreement professional liability insurance for licensed professionals performing work pursuant to this agreement in an amount not less than one million dollars covering the licensed professionals' errors and omissions, as follows:

i. Any deductible shall not exceed $100,000 per claim.

ii. Notice of cancellation or non -renewal must be received by the City at least thirty (30) days prior to such change.

iii. If the professional liability coverages are written on an occurrence form, the policy must contain a cross liability or severability of interest clause.

iv. The following provisions shall apply if the professional liability coverages are written on a claims made form:

1. The retroactive date of the policy must be shown and must be provided for at least five years after completion of the agreement or the work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the agreement or the work.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this agreement, Contractor must provided extended reporting coverage for a minimum of five years after completion of the agreement or the work.

4. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this agreement.

d. Deductibles and Self -Insured Retentions . During the period covered by this agreement, upon express written authorization of City's City Attorney, Contractor may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self -insured retention levels upon a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

e. Notice of Reduction in Coverage. In the event that any coverage required under this section is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor 's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage.

DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 6 f. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:

i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement;
ii. Order Contractor to stop work under this agreement, or withhold any payment which becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof;
iii. Terminate the agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Contractor's failure to maintain insurance or secure appropriate endorsements.

5. Notices. Notices required by this agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Property Owner: Attn: Dominic D. Dutra
J Darwin Homes LLC
43360 Mission Blvd #230
Fremont, CA 94539

To the City: Attn: Dustin Claussen, Interim City Manager City of Hayward
777 B. St., 4th floor
Hayward, CA 94541-5007

6. Amendments. This agreement may be modified or amended only by a written document executed by both Property Owner and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this agreement.

7. Abandonment by Property Owner . In the event the Property Owner ceases performing services under this agreement or otherwise abandons the project prior to completing all of the services described in this agreement, Property Owner shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

8. Waiver. The waiver by either party of a breach by the other of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this agreement.

DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 7 9. No Third-party Rights. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this agreement or of any duty, covenant, obligation, or undertaking established herein.

10. Severability. Should any part of this agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the val idity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

11. Compliance with Laws. In the performance of this agreement, Property Owner shall abide by and conform to any and all applicable laws of the United States, the State of California, and the City Charter and Ordinances of City. Property Owner shall ensure that each of the Contractors agrees to the same provision.

Property Owner shall ensure that each of the Contractors warrants that all work done under this agreement will be in compliance with all applicable safety rules, laws, statues, and practices, including but not limited to Cal/OSHA regulations.

12. Controlling Law. This agreement and all matters relating to it shall be governed by the laws of the State of California.

13. Whole Agreement. This agreement has 8 pages excluding the exhibits described on its signature page. This agreement constitutes the entire understanding and agreement of the parties. This agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.

14. Multiple Copies of Agreement. Multiple copies of this agreement may be executed but the parties agree that the agreement on file in the office of City's City Clerk is the version of the agreement that shall take precedence should any differences exist among counterparts of the document.

15. Electronic Signatures. The parties agree that the electronic signatures [whether digital or encrypted], of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures of this Agreement.

IN WITNESS WHEREOF, Property Owner has executed this agreement, and the City, by its City Manager, who is authorized to do so, has executed this agreement.

DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 8 PROPERTY OWNER:

Dated: By:

Dominic Dutra,
President of Dutra Enterprises, Inc
Managing Member
J. Darwin Homes LLC

CITY OF HAYWARD, a California charter city:

Dated: ______________________________ By:

Dustin Claussen, Interim City Manager

Attest:

Miriam Lens, City Clerk
Approved as to form and procedure:

Michael S. Lawson, City Attorney

Attachments: Exhibit A – Scope of Work (21 pages)
Exhibit B – McGuire Hester Bid Proposal (4 pages)
Exhibit C – Affirmation of Non-Involvement in the Development or Production of Nuclear Weapons (1 page)

DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 5/13/2024
EXHIBIT A-001
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330

DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS
450 GOLDEN GATE AVENUE
SAN FRANCISCO, CALIFORNIA 94102
April 23, 2024
Regulatory Division
SUBJECT: File Number SPN-2024-00152
Mr. Alex Ameri
City of Hayward
777 B Street
Hayward, California 94541
[email protected]
Dear Mr. Ameri:

This letter is written in response to your submittal of April 19, 2024, concerning Department of the Army authorization to implement emergency repairs to a storm drain outfall and stream bank armoring along San Lorenzo Creek. The project is located northeast of the A Street and 4th Street intersection, approximately 50 feet upstream of the A Street bridge over San Lorenzo Creek in the City of Hayward, Alameda County, California, latitude 37.6787117°, longitude -122.0765198°.

Based on a review of the information you submitted, your project qualifies for authorization under Department of the Army Regional General Permit (RGP) No. 5 for Repair and Protection Activities in Emergency Situations, pursuant to Section 404 of the Clean Water Act, as amended (33 U.S.C. § 1344 et seq.). A copy is located on our website at:
https://www.spn.usace.army.mil/Portals/68/docs/regulatory/Emergency%20Permits/RG P05_2019.pdf. Work within waters of the U.S. includes the installation and removal of a temporary cofferdam system within San Lorenzo Creek to dewater approximately 0.02 acre area along 30 linear feet of the channel. The repairs to the channel armoring and the outfall will not require work or discharge of fill within the creek below the ordinary high water mark. All work shall be completed in accordance with the attached plans and drawings titled USACE ID SPN-2024-00152, San Lorenzo Creek Emergency Bank Repair Project, dated April 22, 2024, in 2 Sheets. See Enclosure 1.

The project must be in compliance with the General and Special Conditions cited in the RGP for the authorization to remain valid. Non-compliance with any condition could result in the suspension, modification, or revocation of the authorization for your project, thereby requiring you to obtain a Nationwide or Individual Permit from the Corps. State Water Quality Certification (WQC) has been issued for work performed under the provisions of the RGP. In order for this authorization to remain valid, you must follow the limitations and conditions stated in the WQC attached to the RGP. This RGP EXHIBIT A-002
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 - 2 -
authorization does not obviate the need to obtain other State or local approvals required by law.

Work must be initiated within seven days of receiving this letter. RGP5 authorization will remain valid until August 15, 2024, unless the RGP is suspended, modified, or revoked. All work must be completed by this date and the associated post-activity report forwarded within 45 days of project completion (as required by RGP 5 General Condition 26). Upon completion of the project and all associated mitigation requirements, you shall sign and return the enclosed Certification of Compliance, Enclosure 2, verifying that you have complied with the terms and conditions of the permit.

In order to ensure compliance with this RGP authorization, the following special conditions shall be implemented:

1. Access roads shall be properly stabilized and maintained during and following construction to prevent erosion. Construction of the road fill shall occur in a manner that minimizes the encroachment of trucks, tractors, bulldozers, or other heavy equipment within waters of the United States (including adjacent wetlands) that lie outside the lateral boundaries of the fill itself.

2. Vegetative disturbance in the waters of the U.S. shall be kept to a minimum.

3. Borrow material shall be taken from upland sources whenever feasible.

4. This Corps permit does not authorize you to take a threatened or endangered species. In order to legally take a listed species, you must have a separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit or a Biological Opinion (BO) under ESA Section 7 with "incidental take" provisions with which you must comply). In the event that a listed species is observed within the project area, you shall immediately stop work within 50 feet of the individual and allow the individual to leave the area of its own accord, and contact the Corps to initiate Section 7 consultation.

5. A post-construction report shall be submitted 45 days after the conclusion of construction activities. The report shall document construction activities and contain as-built drawings (if different from drawings submitted with application)

EXHIBIT A-003
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 - 3 -
You may refer any questions on this matter to me by telephone at (415) 503-6792 or by e-mail at [email protected]. All correspondence should be addressed to the Regulatory Division, South Branch, referencing the file number at the head of this letter.

The San Francisco District is committed to improving service to our customers. The Regulatory staff seeks to achieve the goals of the Regulatory Program in an efficient and cooperative manner while preserving and protecting our nations aquatic resources.

If you would like to provide comments on our Regulatory Program, please complete the Customer Service Survey Form available on our website:
www.spn.usace.army.mil/Missions/Regulatory.aspx
Sincerely,
Frances Malamud-Roam
Senior Project Manager, Regulatory
Division
Enclosures
cc:

Cameron Johnson, Integral Consulting Inc. ([email protected]) CA RWQCB, San Francisco Bay, Brian Wines ([email protected]) EXHIBIT A-004
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 i
San Lorenzo Creek Emergency Bank Repair Integral Consulting Inc.

CDFW Notification of Emergency Work April 2024
California Department of Fish and Wildlife
San Lorenzo Creek Emergency Bank Repair
Notification of Emergency Work
Environmental Permit Information Management System Upload Contents
Section 1. Contact Information .............................................................................................................. 1 Applicant Proposing the Project ............................................................................................................... 1 Designated Representative Contact Information ..................................................................................... 1 Section 2. Location of Work ................................................................................................................... 2 Work site description ................................................................................................................................ 2 County ....................................................................................................................................................... 2 Work Site APN ........................................................................................................................................... 2 GPS Coordinates........................................................................................................................................ 2 Affected Body of Water ............................................................................................................................ 2 River, Stream of Lake Affected ............................................................................................................. 2 Waterbody Tributary ............................................................................................................................ 2 Wild and Scenic Rivers Act ........................................................................................................................ 2 Section 3. Nature of Emergency Work .................................................................................................. 3 Date Emergency was Discovered .............................................................................................................. 3 Date Work Began ...................................................................................................................................... 3 Date Emergency Work Was or Will be Completed ................................................................................... 3 Type of Property Affected ......................................................................................................................... 3 Type of Emergency Work .......................................................................................................................... 3 Describe Emergency Work ........................................................................................................................ 3 Avoidance and Minimization Measures.................................................................................................... 4 Dimensions of Area Affected .................................................................................................................... 5 Restoration ................................................................................................................................................ 5 Documents and Maps ................................................................................................................................... 5

EXHIBIT A-005
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 ii
San Lorenzo Creek Emergency Bank Repair Integral Consulting Inc.

CDFW Notification of Emergency Work April 2024
Figures
Figure 1. Site and Vicinity Map
Figure 2. Work Area
Figure 3. Erosion and Sediment Control Plan
Appendices
Appendix A. Figures
Appendix B. Site Photographs
Appendix C. Project Plan
EXHIBIT A-006
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 1 San Lorenzo Creek Emergency Bank Repair Integral Consulting Inc.

CDFW Notification of Emergency Work March 2024
Section 1. Contact Information
Applicant Proposing the Project
Alex Ameri
City of Hayward
[email protected]
777 B Street, Hayward, CA 94541
510-583-4720
Designated Representative Contact Information
Cameron Johnson
Integral Consulting Inc.
[email protected]
433 Visitacion Ave, Brisbane, CA 94005
415-602-2970

EXHIBIT A-007
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 2 San Lorenzo Creek Emergency Bank Repair Integral Consulting Inc.

CDFW Notification of Emergency Work March 2024
Section 2. Location of Work
Work site description
The project is located along San Lorenzo Creek, northeast of the A Street and 4 th Street intersection in the City of Hayward, Alameda County, California (Appendix A, Figure 1). Land use in the vicinity of project site includes urban development and vacant lots. Photographs of the site from February 2024 are provided in Appendix B.

County
Alameda
Work Site APN
427-36-85-1
GPS Coordinates

37.6787117, -122.0765198
Affected Body of Water
River, Stream of Lake Affected
San Lorenzo Creek
Waterbody Tributary
San Francisco Bay
Wild and Scenic Rivers Act
No
EXHIBIT A-008
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 3 San Lorenzo Creek Emergency Bank Repair Integral Consulting Inc.

CDFW Notification of Emergency Work March 2024
Section 3. Nature of Emergency Work
Date Emergency was Discovered
February 27, 2024
Date Work Began
N/A
Date Emergency Work Was or Will be Completed
Proposed work window of May 1 through July 15, 2024
Type of Property Affected
San Lorenzo Creek bank erosion threatening 4th street bridge crossing Type of Emergency Work
Immediate Work to Protect Life or Property
Describe Emergency Work
During a February 27, 2024, field inspection of a reported collapsed storm drain outfall along San Lorenzo Creek, ENGEO identified an approximately 30-foot-wide bank failure where a collapsed storm drain pipe was draining into a washout area behind concrete streambank armoring. A portion of the concrete armoring had collapsed into the creek. ENGEO has concluded that additional failures will continue to undermine and damage the existing concrete armoring as further washout occurs and will eventually impact the downstream abutment supporting the A Street bridge. In order to abate the immediate emergency, the City of Hayward intends to replace the collapsed storm drain outfall that has damaged the concrete channel liner. The emergency project will generally remove and replace the failed structures in the same impact footprint as the existing condition. Below is a summarized construction sequence:

1. Install stabilized construction entrance.

2. Stage equipment at top of bank.

3. Remove vegetation and debris from area of repair.

4. Assess condition of existing concrete armoring in area of repair.

5. Install coffer dam diversion and containment system in creek.

6. Remove loose concrete armoring in area of repair, as needed.

7. Remove debris and loose soil to firm, competent soil in area of repair.

8. Fill voids behind concrete armoring with controlled low-strength material (CLSM); install forms as necessary.

9. Excavate trench along area where damaged storm drain is to be replaced.

10. Remove and replace damaged storm drain.

11. Backfill storm drain trench.

12. Place rip rap up to bottom of storm drain.

EXHIBIT A-009
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 4 San Lorenzo Creek Emergency Bank Repair Integral Consulting Inc.

CDFW Notification of Emergency Work March 2024

13. Extend storm drain to outfall location.

14. Continue placing rip rap above storm drain to final grade.

15. Grout rip rap.

16. Remove coffer dam and containment system.

17. Revegetate site in areas of temporary disturbance.

18. Demobilize.

A project plan is provided as Appendix C.

The following equipment is anticipated to be used during construction: crew trucks, skid steer, excavator, ready-mix trailer, and concrete line pump.

An estimated 2,500 square feet (50 linear feet) of San Lorenzo Creek may be temporarily impacted by the project. The project would not result in any permanent impacts to the creek.

Work within CDFW jurisdiction includes temporary placement of barriers in San Lorenzo Creek to create a de-watered work area (as described above), excavation and repair of the Creek Bank to replace the storm drain pipe, and repair and buttressing of the existing armoring. A single live oak tree (within CDFW jurisdiction) will be removed; this tree is currently laying at an acute angle and is falling into the eroded area. It will need to be removed for access to the void in the bank.

Avoidance and Minimization Measures
To minimize impacts on the environment, the City of Hayward will implement the following Best Management Practices and conservation/avoidance and minimization measures as part of the proposed project:

BMP-1: Dewatering
Cofferdams will be placed in San Lorenzo Creek at the base of the repair area to divert water away from the toe of slope. Plastic sheeting will be installed as a containment measure during CLSM operations. The diversion dams shall be constructed with a combination of sand bags and impermeable plastic sheathing, or watertight materials, as necessary.

BMP-2: Access and Staging
Access and staging will occur on the south and west sides of the project which drains away from the work area and generally away from San Lorenzo Creek. Sediment controls will be used between the creek and the access road where construction staging is proposed. Street sweeping measures will be implemented daily during construction.

BMP-3: Spill Prevention, Erosion Control and Water Quality Protection Equipment will be checked for leaks daily.

A Spill Prevention and Control Plan will be created, as required by the City of Hayward.

EXHIBIT A-010
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 5 San Lorenzo Creek Emergency Bank Repair Integral Consulting Inc.

CDFW Notification of Emergency Work March 2024
Petroleum products, chemicals, fresh cement, or water contaminated by the aforementioned will not be allowed to enter flowing waters.

Adequate erosion control supplies (plastic sheeting, gravel bags, shovels, sweeps, etc.) will be always available on site.

Any disturbed ground will receive appropriate erosion control treatment (mulching, seeding, planting, etc.) prior to the end of the construction season, prior to a cease of operations due to forecasted wet weather, and within seven days of project completion. Operations will use all feasible techniques to prevent any sediment or concrete products from entering the creek system. In areas expected or forecasted to get rainfall during the construction season, effective erosion control measures will be in place at all times during construction activities. Construction will not begin until all temporary sediment and erosion controls are in place. Sediment will be removed from sediment controls once it has reached one-third of the exposed height of the control.

See attached schematic Erosion and Sediment Control Plan (Figure 3).

Dimensions of Area Affected

0.06 acre/50 linear feet of San Lorenzo Creek (Appendix A, Figure 2) Restoration
No restoration activities are proposed. The streambank is covered in concrete and English ivy. Any bare soil will be covered with a native seed mix following construction.

Documents and Maps
Appendix A. Figures
Appendix B. Site Photographs
Appendix C. Project Plan
EXHIBIT A-011
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-012
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 San Lorenzo Creek Emergency Bank Repair
Figure 2. Work Area
EXHIBIT A-013
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-014
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-015
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-016
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-017
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-018
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-019
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 1-3
EXHIBIT A-020
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT A-021
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 4/3/24
Attention: Dominic Dutra
Reference: Hayward – Tract 8427 – B Street and 4 th Street, Storm Drain and Outfall Repair

Subject: Bid Proposal
McGuire and Hester (M&H) is pleased to provide the following bid proposal for the above referenced project. All work conforms to the project plans and specifications prepared by RJA, sheet C1.1, dated 3/25/24.

McGuire and Hester proposes to furnish and install the work outlined in the breakdown dated 4/3/24 (attached) for the lump sum price of $380,360.00.

INCLUSIONS

1. Items of work as listed in the ‘Emergency Repair Construction Sequence’ on sheet C1.1

2. 50 cubic yards of CLSM backfill behind existing headwalls. Exceedance of 50 cubic yards will be $300/yard and added to the contract value

3. Removal of leaning oak tree that is in conflict with the work

4. Hydroseeding disturbed vegetative areas only. If additional plant types or work is required pricing can be provided.

5. Assumed grouting of rip rap is defined as placed high slump concrete in and around rip rap to lock it in place.

EXCLUSIONS

1. Adjusting to grade of new or existing utility castings.

2. Restoration work resulting from the activities of
others.

3. Installing, maintaining, backfilling or removal of
bracing, shoring or underpinning.

4. Dewatering of subsurface ground water or control of
rain / surface water, other than dewarering of marked
cofferdam area.

5. Cathodic protection design and installation.

6. Water meters, bypass meters and associated fees.

7. Import or export of soils.

8. Relocation, protection and removal of existing utilities, sub-surface obstructions or debris. It is assumed that all proposed improvements are free of conflicts.

9. Handling, removal or disposal of hazardous or
contaminated substances.

10. Subgrade or trench stabilization by means of ripping, sub-excavation, fabric, chemical treatment, etc.

11. Dust control when our forces are not actively working on site.

12. SWPPP Plans, QSP/QSD services, BMP
installation/maintenance/removal, inspection,
sampling, monitoring, reporting and post construction
BMP’s.

13. Air, settlement, vibration, sound, or other monitoring and mitigation.

14. Pre or post construction surveys (e.g. GPS, video,
photographic, consultant, etc.).

Biologist services, wildlife surveys, demarcations
and/or relocations. Rodent eradication or pest control.

15. Archeologist cost and related delays.

16. Tree trimming, root pruning, protection or arborist services.

17. Overtime, shift premiums or liquidated damages.

18. Traffic and pedestrian control measures, plans and
fees.

19. Design, engineering and Building Information Modeling (BIM) participation.

20. Bond premium. Bonds must be requested at execution of contract.

21. Survey and construction staking.

22. Testing and inspection.

23. Permits and fees.

24. Compliance with project specific equipment emission standards.

25. Project specific project accounting software (Textura) costs.

EXHIBIT B
EXHIBIT B-001
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330

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12/21/23

CLARIFICATIONS

1. Proposal includes 1 ea. move-in(s). Costs of additional move-ins are $5,000/move-in.

2. Native excavated material is assumed to be
acceptable, without treatment, for trench zone
backfill.

Thank you for the opportunity to provide our proposal. If you have any questions, please feel free to call.

Sincerely,
McGuire & Hester

Matt Finley
Area Manager
Attachment: Standard Terms and Conditions
Bid Price Breakdown

EXHIBIT B-002
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330

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12/21/23

STANDARD TERMS AND CONDITIONS

1. Price based on the award of the complete scope of
work included herein.

2. All other work not specifically included shall be
considered excluded from this proposal.

3. The inclusions, exclusions, and clarifications noted in this proposal shall be made a part of the contract and
shall supersede any conflicting provisions.

4. Change order work to include 10% markup for project
overhead and 15% markup for profit. Work performed
on a T&M basis will be paid according to the latest
M&H labor and equipment rate sheets.

5. This proposal is valid for (30) days from the date of this proposal.

6. Payments are due within 30 days of invoice. Late
payments subject to 1½% monthly finance charge.

7. Retention (5% max.) to be released within 35 days of M&H final billing.

8. Retention monies withheld to be deposited in an
escrow account with M&H as the beneficial owner.

9. Project schedule to be mutually agreeable and will
allow M&H to perform its work in an efficient sequence
and manner. M&H to receive a copy of the baseline
and subsequent schedule updates.

10. Client to provide unobstructed access to all areas of work.

11. Work requested during or near inclement weather or
wet jobsite conditions may result in additional costs.

12. On-site construction water to be provided by client.

Hydrant meter and imported water costs by others.

13. Proposal based on a contract agreement that is
mutually agreeable.

14. M&H carries the following insurance limits with
admitted “A” rated insurance carriers:
a. $2,000,000 - General Liability
b. $2,000,000 - Auto Liability
c. $1,000,000 - Employers Liability (Workers
Compensation)
d. $5,000,000 - Pollution Liability
e. $25,000,000 - Excess Liability coverage (attaches
over General, Auto, & Employers Liability)
f. $10,000,000 - Builders Risk/Installation coverage
g. $1,000,000 - Earthquake and Flood (subject to
specific exclusions)
h. $2,000,000 -Design/Build Professional Liability

15. Additional costs apply for the following insurance
enhancements: Railroad Protective Liability,
Longshoreman/Harbor Workers, Federal Employers
Liability Act, Job Specific Pollution Liability, or other.

16. OCIP / CCIP Policies including deductibles, are subject to M&H review and approval.

17. Any cancellation or modification of Owner or General Contractor procured Wrap Up (OCIP or CCIP) insurance
will result in reimbursement to Contractor or
Subcontractor tier to procure equivalent coverage. To
the extent equivalent insurance is unavailable, or a gap in coverage does occur as a result of cancellation or
modification, Owner or General Contractor shall
reimburse contractor and/or subcontractor tier for all
costs incurred for any and all claims.

18. This proposal includes and follows McGuire and
Hester’s Site Specific Covid-19 Response Protocol dated 5/6/2020. M&H’s Site Safety Representative (SSR) is
considered a senior member of the proposed crew.

Third party Jobsite Safety Accountability Supervisor
(JSAS), if required, is not included in this proposal.

Overall site safety is the responsibility of the Owner, or General Contractor which includes providing adequate
social distance space for M&H to productively and
safely perform our work, and in accordance with
CalOSHA and CDPH requirements.

19. Due to the current pandemic, or Force Majeure event (strikes, lockouts, terrorism, acts of God, COVID-19, or governmental restrictions on the work) there may be
material, or manpower shortages, impacts to the work,
or supply chain issues. McGuire and Hester will do our best to mitigate these issues, but will not be held liable for delays, or impacts to the project schedule and/or
costs associated with such impacts.

EXHIBIT B-003
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330 EXHIBIT B-004
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330

AFFIRMATION OF NON-INVOLVEMENT IN

DEVELOPMENT OR PRODUCTION OF NUCLEAR WEAPONS

The respondent to a City of Hayward Request for Proposal or recipient of a City of Hayward Purchase Order/Contract hereby certifies:

1) That it understands that City of Hayward Ordinance No. 87-024 C.S. prohibits award of contract to, or purchase of goods or services from, "any person, which is knowingly or intentionally engaged in the development or production of nuclear weapons."

2) That it understands the ordinance defines "Nuclear Weapon" as "any device the intended explosion of which results from the energy released by fission or fusion reactions involving atomic nuclei."

3) That it understands the ordinance defines "Person" as "any person, private corporation, institution or other entity..."

As the owner or company official of the firm identified below, I affirm that this company is not knowingly or intentionally engaged in such development or production.

(Print/Type Company Name)

(Company Address)

(City/State/Zip Code)

(Print/Type Official Name & Title)

(Signature of Company Official)

(Date)

EXHIBIT C
EXHIBIT C-001
DocuSign Envelope ID: 7C15B33E-3BC8-4C99-9A21-3B7EC1796330

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 24-018
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Interim City Manager

SUBJECT
Potential Ballot Measure to Extend Without Increasing the City of Hayward Half-Cent Sales Tax

RECOMMENDATION
That Council receives this report on community engagement and public opinion research on a potential extension of the City of Hayward half-cent sales tax and provides direction for returning next month for legislative action.

SUMMARY
The City of Hayward has completed all of the original facility, infrastructure and road improvement projects that were to be funded through the Measure C half-cent sales tax enacted by Hayward voters in June 2014. Revenue generated by the sale tax continues to fund employee positions associated with services prioritized at the time of Measure C’s passage, annual pavement improvements and debt service payments associated with the completed facility projects.

Having reached the halfway point in the 20-year authorization of the sales tax and given completion of the original Measure C facility projects, it is an opportune time to consider how to use the sales tax dollars for the remaining 10 years of the authorization as well as the potential for addressing remaining and emerging needs and goals through an extension of the tax beyond 2034.

To prepare, staff have undertaken a multi-department review of unfunded City capital projects and service needs. In addition, staff have completed a two-pronged program of community listening and engagement and public opinion research to understand community priorities and voter support for a potential November 2024 ballot measure to extend without increasing the sales tax beyond its 2034 sunset date.

ATTACHMENTS
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 2
powered by Legistar™
File #:WS 24-018
Attachment I Staff Report
Attachment II Measure C Ballot Language
Attachment III Measure C 20-Year Forecast
Attachment IV Measure C Community Engagement Report and Verbatim Responses and Comments Attachment V Sale Tax-Extension Poll Toplines Report
CITY OF HAYWARD Printed on 5/17/2024Page 2 of 2
powered by Legistar™

Page 1 of 6 ends

DATE: May 21, 2024

TO: Mayor and City Council

FROM: Interim City Manager

SUBJECT: Potential Ballot Measure to Extend Without Increasing the City of Hayward Half-Cent Sales Tax

RECOMMENDATION

That Council receives this report on community engagement and public opinion research on a potential extension of the City of Hayward half-cent sales tax and provides direction for returning next month for legislative action.

SUMMARY

The City of Hayward has completed all of the original facility, infrastructure and road improvement projects that were to be funded through the Measure C half-cent sales tax enacted by Hayward voters in June 2014. Revenue generated by the sale tax continues to fund employee positions associated with services prioritized at the time of Measure C’s passage, annual pavement improvements and debt service payments associated with the completed facility projects.

Page 2 of 6 ends

BACKGROUND

The Hayward half-cent sales tax was enacted on June 3, 2014, by passage of Measure C.

Measure C was approved by 67 percent of voters who cast ballots in the election—well in excess of the simple majority necessary for authorization. Though enacted as a general tax with revenue available for use for any lawful municipal purpose, the City Council indicated when placing the measure on the ballot its intention to use the sales tax dollars to fund, finance and otherwise support certain core services and capital projects identified as community and City priorities.

Those priorities were police protection, firefighter and emergency medical services, updating and seismically reinforcing fire stations, replacing the downtown library, pothole repair and road improvements, litter and graffiti control and general maintenance of public spaces. (See Attachment II Measure C Ballot Language.)

Since enactment, the City has stuck to and delivered on the Council’s intent and community expectations. The four capital projects identified as funding priorities in 2014 have all been completed. They are:

 The new Downtown Hayward Public Library and adjacent Heritage Plaza;  Retrofits and improvements at five neighborhood fire stations;  Six miles of street repairs amounting to the biggest annual road improvement project in City history; and
 The new Fire Station No. 6 and regional Fire and Rescue Training Center.

Additionally, as intended, Measure C revenue has and continues to be used to bolster Hayward Police, 911 emergency dispatch and Maintenance Services staffing to restore and enhance core municipal services prioritized in 2014 by the Council and the Hayward community.

Today, sales-tax revenue funds fourteen Hayward Police Department positions, including three patrol officers, a police lieutenant, a crime analyst, a fingerprint analyst, plus seven communications operators and one communications supervisor in the City’s 9-1-1 Dispatch Center, and nine groundskeeper and maintenance positions in the Maintenance Services Department.

DISCUSSION

Since its enactment in June 2014, revenue from the City’s half-cent sales tax has increased from approximately $10 million annually to about $22 million a year. At the same time, the completion of the original Measure C building and capital improvement program with the opening of the new Fire Station No. 6 and regional Fire and Rescue Training Center in June

Page 3 of 6 ends

of 2023 is freeing up additional revenue as debt service associated with financing of these projects is retired. (See Attachment III Measure C 20-Year Forecast.)

As mentioned, staff have conducted a multi-departmental review of unmet, ongoing and emerging facility and service needs. In addition, at Council direction, staff carried out an approximately three-month-long program of community listening, engagement, and public opinion research to understand community priorities and support for a potential no- increase extension of the half-cent sales tax for an additional 20 or 30 years beyond its 2034 sunset date.

Unmet Facility & New and Emergency Service Needs

As a general levy enacted by a simple majority of voters, revenue generated by Hayward’s half-cent sales tax is available to be used for any lawful municipal purpose. However, in identifying unmet facility needs for consideration for funding through extension of the sales tax, staff focused on projects aligned with the 2014 Council and community priorities.

The following projects have been identified as candidates for your consideration:

 Replacement of Hayward Police Department headquarters with a new Public Safety Center.
 Replacement of the Hayward Animal Shelter as part of a new Public Safety Center campus.
 Replacement of Weekes Branch Library.
 Replacement of Fire Station No. 9, a project that would be supported in part by the Fairview Fire District.
 Replacement of the City Corporation Yard that supports City Maintenance Services and the City’s drinking water and wastewater operations, a project that would be shared with the City’ water and wastewater enterprises.  Contributions to construction of The Stack Youth & Family Center in South Hayward.  A variety of roadway and transportation improvement projects, including pedestrian and bicycle overcrossings and underpasses along the Tennyson Road corridor.

Similarly, when identifying ongoing and emerging service needs for consideration for funding through a sales-tax extension, staff focused on services consistent with the 2014 priorities. In addition to those positions already funded at Hayward Police Department, in the City’s 9-1-1 Dispatch Center and in Maintenance Services, the following are potential enhancements for consideration:

 Sunday hours at Hayward Public Library
 Expanded Hayward Evaluation and Response Teams staffing  Support of the City’s Let’s House Hayward! strategic plan to reduce homelessness

Page 4 of 6 ends

 Sustain COVID-19 pandemic recovery initiatives supporting local business

Community Listening & Engagement

Beginning in February, staff worked with our community engagement consultants at Clifford | Moss to carry out a program to inform the Hayward community of our progress over the past 10 years under the Measure C program and to solicit feedback on our performance, priorities for the use of sales-tax revenue going forward, and support for a no-increase extension of the sales tax.

To accomplish this, we developed and deployed a suite of mailers, videos, e-newsletter articles and social media communications to raise awareness, disseminate and gather responses to a survey, and report back to the community on what we heard. We reached every Hayward registered voter household and beyond and received approximately 2,000 survey responses and other replies.

In summary, 57% of residents who told us they have an opinion on the topic said they believe the City is delivering on promises to provide essential services under Measure C.

When asked to prioritize certain expenditure areas, respondents ranked them as follows:

1. Public Safety and Emergency Response

2. Maintaining Local Streets and Roads

3. Disaster Preparedness

4. Safety Net Services

5. Upgrading Public Buildings.

Many community members also used the community engagement survey and comment features of our Facebook account to express in their own words their priorities and views on City service delivery and performance. (See Attachment IV Measure C Community Engagement Report and Verbatim Responses and Comments.)

When asked what they think about a proposal to extend without increasing Hayward’s sales tax, 60% of all respondents reached through this community listening and engagement effort said they support and extension with the rest indicating they either oppose it or have questions or concerns.

Public Opinion Research

The responses to the community engagement and listening program are in line with the findings of a just-completed public opinion poll commissioned to provide the Council with a reliable snapshot of support for a potential extension of the Hayward sales tax among registered voters.

Page 5 of 6 ends

Between May 4-12, our pollster, Fairbank, Maslin, Maullin, Metz & Associates (FM3), surveyed a representative sample of more than 600 registered Hayward voters who, based on their voting history, are considered likely to vote in the November 5, 2024, election. This scientific survey was conducted by phone (land lines and cell) and online (using email and text invitations) in English and Spanish. Based on the sample size and overall methodology, the results carry a margin of error of +/- 4 percent.

When read a formal ballot question to extend without increasing the sales tax “to continue providing essential City of Hayward services, including firefighting, emergency-medical response, police protection, pothole repair, street improvements, general City maintenance, and modernization of aging City facilities, including for police, public works, and South Hayward community and library services,” strong majorities of respondents said they would vote “yes” on the measure.

Among sampled voters asked if they support a 30-year extension, 66% responded they were in favor . Among sampled voters asked if they support a 20-year extension, 72% responded they were in favor . After being read a battery of arguments in favor of an extension, support remained high, as would be expected. Even after being read of battery of arguments against, the proposal, 61% percent of the respondents they would vote “yes” and 27% “no” with 12% saying they are undecided.

According to the survey findings, funding for police services, emergency medical response, pothole repair, and street improvements are the highest priority for Hayward voters.

Importantly, what most persuades voters to support an extension of the Hayward sales tax is information about and evidence of the City’s performance in delivering the services and projects promised previously, the survey found.

Lastly, it is worth highlighting that 73% of poll respondents said the City of Hayward has a great or some need for additional funding to maintain and improve essential City services and facilities. (See Attachment V Sales-Tax Extension Poll Toplines Report.)

At this work session, staff is seeking Council’s feedback on the results of the community engagement work and public opinion research, direction on legislative action to be brought back to the Council in June for a November 5, 2024, ballot measure to extend the half-cent sales tax, including length of an extension, as well as feedback on funding priorities from the half-cent sales tax going forward.

FISCAL IMPACT

There is no fiscal impact as a result of receiving this report.

Page 6 of 6 ends

Under the current authorization, the sales tax enacted in June 2014 will continue to generate between $22 million and $25 million a year until 2034, based on current projections. After debt service expenses on completed Measure C projects and the cost of staff positions currently funded through Measure C, the projected annual surplus in the Measure C fund is approximately $9 million a year. (See Attachment III Measure C 20-Year Forecast.)

In the absence of an extension, the City would need to find other sources of revenue to maintain Measure C-funded services after 2034 and to carry out aforementioned facility, infrastructure and road improvements.

STRATEGIC ROADMAP

Measure C sales-tax funded projects and services contribute most directly to Strategic Roadmap priorities of Enhancing Community Safety & Quality of Life, Strengthening Organizational Health and Investing in Infrastructure.

NEXT STEPS

Based on Council feedback, staff are prepared to return next month with cost and debt- service expense estimates for the above referenced capital improvements and service enhancements. At that same meeting, if directed, staff will present legislative actions necessary to place an extension measure on the November 5, 2024, ballot.

Prepared by: Chuck Finnie, Communications and Marketing Officer

Approved by:

____________________________________________
Dustin Claussen, Interim City Manager

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF

MEASURE C
The City Council is submitting to the voters the question of whether to approve an ordinance enacting a temporary sales tax within the City of Hayward to fund City services and facilities, such as improving police protection, updating fire stations, repairing streets and potholes, replacing the City’s main library and other general City services and facilities. The tax rate would be one-half of one percent (0.50%) of the retail sales price ― or one-half of one cent for an item that costs one dollar. The tax would remain in effect for twenty years.

Technically, a “sales tax” is a combination of “sales and use tax” and “transactions and use tax.” Both are levied on the sale or use of tangible personal property sold at retail, with certain limited exceptions. Retailers collect the tax at the time of sale and remit the funds to the State Board of Equalization which administers the tax.

Currently, the tax on retail sales in Hayward is nine percent (9%) of the purchase price. This measure would authorize a 0.50% transactions and use tax, which would increase the total sales tax rate to 9.50%. The tax would automatically terminate twenty years after it becomes operative, unless extended by the voters.

The tax proceeds would be deposited into the City’s general fund and be available to support the full range of municipal services. Because this measure does not legally restrict the use of tax revenue to any specific purposes, it is classified as a “general tax,” not a “special tax.” The tax proceeds may be used for any valid municipal governmental purpose and cannot legally be taken away by the State. The tax
proceeds would be subject to the same independent annual audit requirements as other general fund revenue. The
audit report would be a matter of public record.

This measure authorizes the City to issue bonds not
to exceed the total amount of the anticipated sales tax proceeds. The proceeds from the sale of bonds could only be used for improving or replacing facilities such as the City’s main library.

A “Yes” vote is a vote in favor of the tax. A “No” vote is a vote against the tax. This measure would be approved if it receives a simple majority of “Yes” votes.
s/ MICHAEL S. LAWSON
City Attorney for the City of Hayward
The above statement is an impartial analysis of Measure C, which is printed in full in this sample ballot pamphlet.

If
you desire an additional copy of the measure, please call the Office of the City Clerk at (510) 583-4400 and a copy will be mailed to you at no cost.

You may also access the
full text of the measure on the City of Hayward website at the following address:

www.hayward-ca.gov
HAMC-1
To restore and maintain Hay-
ward city services and facilities,
including firefighting/emergen-
cy medical services; improving police
protection for neighborhoods; replacing the aging li-
brary with a 21st century facility including safe space for after-school homework and tutoring; repairing pot-
holes and streets; updating aging neighborhood fire sta- tions; and other city services; shall the City of Hayward increase the sales tax by ½ percent, for twenty years
only, providing locally controlled funding that cannot be taken by the State?
CITY OF hAYwAR d MEASURE C
C
YES
NO

ATTACHMENT II
ARgUMENT IN FAvOR OF MEASURE C
VOTE YES on Measure C to protect what we all want
for Hayward: safe neighborhoods, help in an emergency,
decent roads, modern learning facilities, economic
prosperity, improved property values, and a VIBRANT
future for our city. This is the goal of Measure C.

The City of Hayward has worked hard in recent years to
be fiscally responsible while maintaining essential city services. But many city facilities have deteriorated after decades of constant use. The recent Great Recession has made it impossible to fund needed repairs or replace aging facilities while still maintaining the city services we need.

Despite these challenges, good things are happening
in Hayward. Measure C will continue the progress by
authorizing a ½ cent sales tax to fund important city
services and needed facilities, such as:
• Providing firefighting and emergency medical response services
• Improving police protection for safer neighborhoods
• Restoring funding for maintenance, including pothole and street repairs
• Upgrading aging fire stations and replacing Hayward’s obsolete fire training facility
• Replacing the Hayward Main Library with a 21st
Century Library and Learning Center, including space
for after-school and early childhood education programs ALL Measure C funds (100%) will stay locally controlled IN Hayward – FOR Hayward. By law, the State CANNOT
take this funding away.

Basic necessities like groceries and prescription
medications WON’T be taxed. Visitors to Hayward will
pay their fair share, so residents won’t shoulder the entire cost.

Measure C lasts 20 years ONLY . It cannot be extended
without a new vote.

Measure C is a smart investment. The longer we wait, the more expensive it will be.

Please join firefighters, police officers, seniors, parents, neighborhood, civic and business leaders and residents
from every Hayward neighborhood in taking this positive step to keep our community moving forward.

Learn more at www.protecthaywardsfuture.com
Please VOTE YES on C.
s/ Charles C. Plummer
Sheriff Emeritus & Hayward Resident
s/ Judy Harrison
President, Friends of the Hayward Public Library
31-year Hayward School Librarian
s/ Robert Sakai
Attorney & 60-year Hayward resident
s/ Doris J. Rodriquez
55-year Resident & Retired City Council Member
s/ Elaine J. Sunday
President Hayward Neighborhood Alert &
Long-Time Hayward Resident
ARgUMENT AgAINST MEASURE C
Why does the City believe it’s entitled to greater relief from the effects of the recession and future inflationary costs than its residents and businesses?
Why does the City contend that it has over half-a-billion dollars in unmet capital needs, yet provides no reference to any document supporting this incredible claim? Why does the City’s Capital Improvement Program list unfunded
capital projects valued at $325M of which more than
half this amount can be attributed to Caltrans interchange projects traditionally funded by federal, state, and regional sources?
Why is the City proposing a $60M library that is 50-percent more costly than even the most expensive new Bay Area
library built within the past decade? How will the City afford to stock, staff, and otherwise operate this proposed three story facility that would be more than twice the size of the existing?
Why does the City believe that it’s managing its finances responsibly when the 20-highest compensated city
employees in 2012 each received a quarter-of-a-million
dollars or more in salary and benefits? Or when the top six received more than $300,000 in compensation—nearly six
times Hayward’ s median household income?
Why hasn’t the city’s existing supplemental taxes (the
emergency facilities tax and the 5.5-percent utility tax) accomplished what they were intended to do? Why is the
City not concerned by the burden that this unprecedented combination of taxes will have on Hayward’s residents
and businesses? Why is the City not concerned that this measure in combination with the possible augmentation of the county transportation sales tax will set Hayward’s sales tax rate at an even 10-percent?
Why does the City believe that its residents and businesses are an endless source of revenue?
Why?
www.HeyHayward.com
s/ Lawrence M. Johmann
Hayward resident, property owner & businessman
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FULL TEXT OF MEASURE C
ORDINANCE NO. ________

AN ORDINANCE OF THE PEOPLE OF THE CITY

OF HAYWARD IMPOSING A TRANSACTIONS

AND USE (SALES) TAX TO BE ADMINISTERED

BY THE STATE BOARD OF EQUALIZATION
WHEREAS, a locally-enacted revenue measure would
protect and maintain Hayward services because the money is legally required to stay in our community and cannot be taken by the State, providing locally controlled funds for local services; and
WHEREAS, at its March 4, 2014 meeting, the City
Council considered calling an election to seek voter
approval of a proposed general transactions and use (sales) tax, as authorized by Revenue and Taxation Code section 7285.9; and
WHEREAS, at that meeting, the City Council concluded
that all of the information presented indicated that, to obtain the revenue necessary to maintain and preserve service
levels, the Council should call an election to ask the voters of the City to approve a twenty year local transactions and use (sales) tax, the revenue from which could be used to support general municipal services; and
WHEREAS, on the basis of the foregoing, the City
Council determined that it was appropriate to place a
measure regarding a general transactions and use (sales) tax before the voters at the June 3, 2014 general election; and
WHEREAS, the tax, if approved, would be imposed on
the sale of tangible personal property and the storage, use, or other consumption of such property. The tax rate would be one-half of one percent (0.50%) (one-half cent for each dollar) of the sales price of the property. The tax revenue would be collected by the State Board of Equalization
and remitted to the City. The tax would be in effect for twenty years, and would then expire automatically, unless extended by the voters. The tax shall be approved if the measure receives at least a simple majority of affirmative votes.

NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF HAYWARD ORDAINS AS FOLLOWS:

Section 1. Amendment of Code.

The Hayward Municipal Code is hereby amended
to add a new Chapter 8, Article 19 and shall read as follows:

CHAPTER 8
ARTICLE 19

TRANSACTIONS AND USE (SALES) TAX
SEC. 8-19.100. Title.

This ordinance shall be known as the City of Hayward
Transactions and Use (Sales) Tax Ordinance. The City of Hayward hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.

SEC. 8-19.200 Operative Date.
“Operative Date” means October 1, 2014.

SEC. 8-19.300. Purpose.

This ordinance is adopted to achieve the following,
among other purposes, and directs that the provisions
hereof be interpreted in order to accomplish those purposes. (a) To impose a retail transactions and use (sales) tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
(b) To adopt a retail transactions and use (sales) tax
ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
(c) To adopt a retail transactions and use (sales) tax
ordinance that imposes a tax and provides a measure
therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.
(d) To adopt a retail transactions and use (sales)
tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the
transactions and use (sales) taxes, and at the same time, minimize the burden of record keeping upon persons
subject to taxation under the provisions of this ordinance.

SEC. 8-19.400. Contract with State.

Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this
transactions and use (sales) tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

SEC. 8-19.500. Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 0.50% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

SEC. 8-19.600. Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination.

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HAMC-4
The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made.

In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.

SEC. 8-19.700. Use Tax Rate.

A transactions and use (sales) tax is hereby imposed
on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of

0.50% of the sales price of the property. The sales price shall include delivery charges when such charges are
subject to state sales or use tax regardless of the place to which delivery is made.

SEC. 8-19.800. Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and
except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation
Code, all of the provisions of Part 1 (commencing with
Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

SEC. 8-19.900. Limitations on Adoption of State Law
and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
(a) Wherever the State of California is named or
referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
(1) The word “State” is used as a part of the title
of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California.
(2) The result of that substitution would require
action to be taken by or against this City of any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this ordinance. (3) In those sections, including, but not necessarily
limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
(A) Provide an exemption from this tax with
respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
(B) Impose this tax with respect to certain
sales, storage, use or other consumption of tangible
personal property which would not be subject to tax by the state under the said provision of that code.
(4) In Sections 6701, 6702 (except in the last
sentence thereof), 6711, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code.
(b) The word “City” shall be substituted for the word
“State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203.

SEC. 8-19.1000. Permit Not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an
additional transactor’s permit shall not be required by this ordinance.

SEC. 8-19.1100. Exemptions and Exclusions.
(a) There shall be excluded from the measure of the
transactions and use (sales) tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of
any state-administered transactions or use tax.
(b) There are exempted from the computation of the
amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than
fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
(2) Sales of property to be used outside the City
which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
(A) With respect to vehicles (other than
commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division
3 of the Vehicle Code, aircraft licensed in compliance
with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by
registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that address is, in fact, his or her principal place of residence; and
(B) With respect to commercial vehicles,
by registration to a place of business out-of-City and
declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
(3) The sale of tangible personal property if the
seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
(4) A lease of tangible personal property which is
a continuing sale of such property, for any period of time HAMC-5
for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
(5) For the purpose of subparagraphs (3) and (4) of
this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(c) There are exempted from the use tax imposed by
this ordinance, the storage, use or other consumption in this City of tangible personal property:
(1) The gross receipts from the sale of which
have been subject to a transactions tax under any state- administered transactions and use (sales) tax ordinance. (2) Other than fuel or petroleum products
purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
(3) If purchaser is obligated to purchase the
property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
(4) If the possession of, or the exercise of any right
or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
(5) For the purposes of subparagraphs (3) and
(4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be
obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease had the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(6) Except as provided in subparagraph (7), a
retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. (7) “A retailer engaged in business in the City” shall
also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of
the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. (d) Any person subject to use tax under this ordinance
may credit against that tax any transactions tax or
reimbursement for transactions tax paid to a district
imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

SEC. 8-19.1200. Amendments.

All amendments subsequent to the effective date of
this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments
to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment
shall operate so as to affect the rate of tax imposed by this ordinance.

SEC. 8-19.1300. Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal
or equitable process shall issue in any suit, action or proceeding in any court against the State or City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

SEC. 8-19.1400. Authorization and Limitation on
Issuance of Bonds.

The City is hereby authorized to issue limited tax bonds, from time to time, provided that the maximum bonded
indebtedness will not exceed the total amount of this retail transactions and use (sales) tax.

SEC. 8-19.1500. Annual Audit
The proceeds resulting from this transactions and use
(sales) tax shall be deposited into the City’s General Fund and become subject to the same independent annual audit requirements as other general fund revenue.

SEC. 8-19.1600. Termination Date.

The authority to levy the tax imposed by this ordinance shall expire on the twentieth anniversary of the last day of the calendar quarter following the operative date.”
Section 2. Environmental Compliance.

The findings for this ordinance in compliance with the
California Environmental Quality Act (“CEQA”) are the
same as those set forth in the City’s Resolution No. 14- 028 calling for an election on this ordinance. The CEQA findings in Resolution No. 14-028 are incorporated herein by reference.

Section 3. Severability.

If any provision of this ordinance or the application
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thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such
provision to other persons or circumstances shall not be affected thereby.

Section 4. Effective Date.

The Ordinance relates to the levying and collecting of
the City transactions and use (sales) taxes and shall take effect immediately.

Measure C
20-Year Financial Forecast Update
Measure C 20-Year Financial Forecast
Year Ref. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Actual Actual Actual Actual Actual Actual Actual Actual Actual Estimated Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Fiscal Year FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025* FY 2026* FY 2027* FY 2028* FY 2029* FY 2030* FY 2031* FY 2032* FY 2033* FY 2034* Revenues
Measure C 8,090,470 13,436,227 14,189,607 15,216,260 17,247,381 16,876,487 18,715,986 20,904,113 23,035,112 22,308,080 22,335,762 22,924,061 23,451,644 23,939,396 24,390,589 24,634,495 24,880,840 25,129,648 25,380,945 25,634,754 Bond Issuance 65,789,797
Other Revenue/Commitments 922,000
Chabot Commitment 1,837,150 6,127,662 7,081,091 4,808,351 145,746 Total Revenues 8,090,470 79,226,024 14,189,607 15,216,260 17,247,381 18,713,637 24,843,648 27,985,204 28,765,464 22,453,826 22,335,762 22,924,061 23,451,644 23,939,396 24,390,589 24,634,495 24,880,840 25,129,648 25,380,945 25,634,754 Expenditures
Capital Expenditures
Library/Learning Center 10,607,338 17,372,241 17,051,095 11,515,077 2,739,353 2,449,125 577,137 210,814 687,000 Fire Facilities Design 930,859 1,285,242 284,537 150,680 35,898 50,250 208,000 Fire Station 1 358,293 618,851 33,618 1,521 1,728 Fire Station 2 587,183 1,571,806 172,704 95,567 3,095 1,728 Fire Station 3 472,826 1,622,186 141,045 66,950 1,269 1,728 Fire Station 4 114,900 1,609,051 297,312 128,458 20,554 1,728 Fire Station 5 75,973 1,207,332 435,506 58,488 1,345 1,728 Fire Station 6 65,762 305,789 720,032 5,298,984 2,474,899 2,377,717 4,091,000 Fire Training Academy 681,043 2,025,836 752,152 877,108 12,719,734 28,732,040 14,467,717 1,800,000 Street Rehabilitation 490,845 10,554,232 652,521 32,113 2,000,000 2,000,000 EBRCS Radios 1,314,719 1,337,437 571,000 582,000 594,000 606,000 618,000 630,000 643,000 656,000 669,000 682,000 695000 HPD Locker Room 6,100,000 2,050,000
Harder Corridor Median Improvement 300,000 300,000 300,000 300,000 Communications Center Expansion - Design 400,000
Median Landscaping Improvement Project 1,550,000
Hazard Mitigation Equipment/Vehicle 100,000
Jackons & Tennyson Corridor Median
Improvement 29,494 392,662 446,979 263,231 172,655 319,592 329,475 150,000 Subtotal - 12,029,043 31,501,932 26,738,471 15,543,377 6,507,791 20,807,587 31,965,371 17,375,839 16,186,475 2,882,000 2,444,000 906,000 918,000 930,000 643,000 656,000 2,669,000 682,000 695,000 Operating Expenditures
Police Services 569,836 1,793,135 1,935,134 2,956,896 3,097,313 3,290,198 3,334,713 3,445,418 4,418,338 4,684,717 5,012,647 5,363,532 5,738,980 6,140,708 6,570,558 7,030,497 7,522,632 8,049,216 8,049,216 Maintenance Services 205,969 708,249 572,105 610,926 761,784 1,058,980 1,468,931 1,428,136 1,442,478 1,902,221 2,360,055 2,525,259 2,702,027 2,891,169 3,093,551 3,310,099 3,541,806 3,789,733 4,055,014 4,055,014 Other Department Services 73,240 66,116 106,542 223,813 524,407 213,843 756,258 809,196 865,840 926,449 991,300 1,060,691 1,134,939 1,214,385 1,299,392 1,390,349 Subtotal 205,969 1,278,084 2,365,240 2,546,060 3,791,920 4,222,408 4,865,672 4,986,662 5,412,302 6,534,402 7,801,030 8,347,102 8,931,399 9,556,597 10,225,559 10,941,348 11,707,242 12,526,749 13,403,622 13,494,579 Debt Service Expenditures 2,326,436 2,859,637 2,732,875 5,430,063 4,523,594 5,424,438 5,423,063 5,418,813 4,514,754 4,446,750 4,460,500 4,466,750 4,465,500 4,466,750 4,470,000 4,469,750 4,440,750 4,439,000 4,467,750 Total Expenditures 205,969 15,633,563 36,726,809 32,017,406 24,765,360 15,253,793 31,097,696 42,375,096 28,206,955 27,235,631 15,129,780 15,251,602 14,304,149 14,940,097 15,622,309 16,054,348 16,832,992 19,636,499 18,524,622 18,657,329 Annual Cash Flow 7,884,501 63,592,461 (22,537,202) (16,801,146) (7,517,979) 3,459,844 (6,254,048) (14,389,892) 558,509 (4,781,805) 7,205,982 7,672,459 9,147,495 8,999,299 8,768,280 8,580,147 8,047,847 5,493,149 6,856,323 6,977,425 Cumulative Fund Balance 7,884,501 71,476,962 48,939,761 32,138,614 24,620,635 28,080,478 21,826,430 7,436,538 7,995,047 3,213,242 10,419,224 18,091,683 27,239,178 36,238,477 45,006,757 53,586,903 61,634,751 67,127,899 73,984,222 74,105,324 *The amounts identified for capital projects in future fiscal years of this projection are conceptual only and have not been approved or appropriated. Appropriation and allocation of these funds will occur annually with adoption of the City's Operating and Capital budgets. 5/16/2024
Attachment III

ANSWER CHOICES RESPONSES
YES 864 (44.01%)
NO 638 (32.50%)
I DON’T KNOW 480 (24.45%)
TOTAL 1,963 Responses

MEASURE C REPORT
Yes
864
No
638
I Don't Know
480
Answered: 1,963 Skipped: 0

IS THE CITY FULFILLING ITS PROMISE TO
PROVIDE ESSENTIAL CITY SERVICES?
Attachment IV
1 - highest Priority 2 3 4 5 - lowest priority
0 500 1000 1500 20

PUBLIC SAFETY/EMERGENCY RESPONSE

MAINTAINING LOCAL STREETS & ROADS

DISASTER PREPAREDNESS

SAFETY NET SERVICES FOR THOSE MOST IN NEED

UPGRADE PUBLIC FACILITIES
Answered: 1,963 Skipped: 0

USING THE ARROWS, PLEASE RANK THE CATEGORIES
WITH ONE (1) BEING THE MOST IMPORTANT AND FIVE (5)
BEING THE LEAST IMPORTANT.

MEASURE C REPORT

ANSWER CHOICES RESPONSES
I SUPPORT IT 1189 (60.57%)
I HAVE QUESTIONS OR CONCERNS 775 (39.48%
TOTAL 1,963 Responses
I support it1189
I have Questions or Concerns775
Answered: 1,963 Skipped: 0

WHAT DO YOU THINK ABOUT THE PROPOSAL TO

EXTEND (BUT NOT INCREASE) THE EXISTING CITY
SALES TAX?

MEASURE C REPORT
Answered: 636

IF YOU HAVE A PRIORITY NOT LISTED AMONG THE FIVE
OPTIONS PROVIDED, PLEASE DESCRIBE IT BELOW.

MEASURE C REPORT
Priorities by category
Affordable Housing
City Cleanliness/Landscaping
City Planning
Economic Development
Enhanced City Services
Fire/EMT/Mental Health
Homelessness
Infrastructure (Public Buildings/Transit)
Parking Issues
Parks/Recreation/Events
21 Comments
Police/Crime
Road Conditions
Schools
Traffic
Taxes/Cost of Living
Some comments fell into more than one category
100 Comments
44 Comments
55 Comments
46 Comments16Comments
61 Comments
53 Comments
45 Comments
45 Comments
137 Comments
38 Comments
45 Comments
32 Comments
14 Comments

MEASURE C REPORT
Preserve architecture. The city is not planning for 100 years but is constantly doing a 10 year plan. The recent architecture popping up everywhere is offensive and has negative health impacts to mentalhealth.

COMMENTS
Repaint lanes on A street and Industrial
Along with maintaining roads and keeping them safe for all, more enforcement of ALL SPEED LIMITS AND TRAFFIC SIGNS must become a priority. There are too many extreme speed drivers, and those whoignore all stop signs, parking signs and other road information. This becomes a safety issue for obvious reasons regarding speeding and stop signs, however, unenforced parking laws create blind spots andurban blight.

How about fixing the road on Center street. It’s used at a shortcut for commuters from 880 to 580. The road has lots of potholes.

CLEAN UP TENNYSON ROAD!!!!!!!!!!!!! It's ruining the entire city.

Police service is not adequate. I NEVER see traffic enforcement anymore...which leads to people who ignore stop signs and speed and drive dangerously.

Can I recommend a no loitering ordinance on B Stfrom Foothill Blvd down to City Hall. More patrons, more tax revenue. It’s become unsafe andunappealing to frequent that area.

Downtown improvement
We need more check up in the neighborhood again ROBBERIES in houses,vehicles, and theft around properties 😡 it is too much since 4 years ayos is increasing in highdemand PLEASE WE NEED MOREPOLICE AGRGTS TO CHECK IT Remove or ticket abandoned vehicles.

Keeping planet low enough to avoid blocking one's vision while driving.

A new Police Station (Public Safety Building) should be priority #1 The Access Hayward program was supposed to be a vital tool inproviding prompt services thoughout the many departments of the city with trasparent reviewof staff accountability. It was designed to alsoproviding data that would show the clear need for services to be funded in the annual budget as demonstrated by requests made by citizenryvia Access Hayward. It seems to no longer carry out 90% of itsfunctions.

Economic social services
Clean up the neighborhood such us under overpass onJackson and Bart tracks on Whitman. Additionally, replace traffic signs damaged by accidentssuch as a no left turn on east bound Jackson by PontiacStreet Crime!
Relocating the Drug and recovery houses on B st and Grand. The residentsclose by do not like all the noise the screaming the ambulances police and fire there everyother day. Not good for ourneighborhood.

Strictly enforce the fireworks ban in Hayward. Surveillance of the sales boothsin Union City and stop/cite buyers and stop/cite buyers as soon as theycross the Haywardcity limits, confiscating purchasedfireworks. Multiply by 10 the fine for anyone setting off afirework that causes ANY secondary fire.Have officers patrolling the area with theirWINDOWS OPEN so they can hear what is going on.When thefireworks are over, havesomeone patrol around and make note of where the largest fireworks trash heaps from thenight before. Use this list to actively patrol these areas on the next holiday. It isusuallythesame people year after year.Hayward is a great place to live EXCEPT around popularfireworks holidays (July 4 and New Year).

Improve the quality of the schools and education.

MEASURE C REPORT
Low HOA fees and more than 3-5% yearly additions are not valid or not legal

COMMENTS
The need of car charger on mission blvd corridor. Maybe at the newSprout/Ross/In-Out complex? This will boost their business as well. Having people chargedwhile do quick shopping.

You can save hundred of thousand, if not millions by getting rid of the useless DEI programs. Those funds could be allocated to more immediate needs for the community.

Upgrading the public park by Cascade st and Bishop ave, in HarderTennyson neighborhood. As well as add adult work out equipment along the greenway path.

This may fall in maintaining streets, but the street lights are ill timed and create massive backups, especially on Mission Blvd.

School, please work on improving the ranking of public schools. Better schoolmeans relative higher pricing for housing. Higher housing price would also help generate morerevenue for the city! I’d like tomake this #2 for this list! Why should the people who do notwork have priority? Public schools should be priority #2.

Keeping the city clean. Streets, parking lots, green spaces. Minimal trash, and cleaner environment.

Improve school scores
Restrict street vendors from setting tents all over Hayward. Get them a designated area where they could do this and pay a small fee for a license. Ticket all others that do not comply.

As well maintaining as creating affording housing
Fix the Hayward Plunge
Reopening of Skywest Golf course the best golf course in the Bay Area.

Attention to dumping on and defacing of property.

Toll Rates continue to rise and all throughout the state! Needs to be a cap placed on rates.

Close B street traffic downtown between A & Main to create a walkable downtown square.

Increase traffic enforcement and citations. People drive like maniacs and don’trespect any of the street laws. I’ve been living here for a decade and have never seen someone be pulled over for speeding norheard of someone who was pulled over. 1 Safety 2 Lock up criminals stealing our property on daily basis, and keepthem in prison for very long time remove the homeless. please dont let hayward turn into SF Crime prevention and gun control/gun recycling programs Reducing traffic. Too much multi family housing.Reduce sales and property tax. Reduce utility rates.Promote home defense training andneighborhood watch programs is a lot more cost effective than hiring14 police officers Adding street markers for cars to stop and not block the road on mission for traffic from through streets. For example, the intersection of Smalley Avenue and Mission Boulevard is constantly blocked by amassive amount of cars while they wait at the stop sign on A st. I should not have to go all the way around the block to be able tomake a left safely. I have witnessed various accidents at this at intersection,because cars will not yield to others.

MEASURE C REPORT
Crime prevention

COMMENTS
More police ticketing those speeding and not stopping at stop signs. Morespeeds humps/tables on certain streets Responding to crime against residents. Car theft, Cadillac theft, tools out oftrucks etc.

Number one. Clean up this town! Derelict cars that remain on on streets forever, and landlords that allow trashed properties tht are eyesores and health hazards also block sidewalks and gutters w filth.Landlords tht are NOT held accountable for their renters tht do this. FINE them. Front landscaping w fire threat grasses and garbage.Owners/landlords shld be fined. City has some easy money right there. Dothat then I’ll decide on support for other requests. Cannot walk on sidewalks unless broad daylight due to animal excrement. Recycling receptacles are allowed to be left out all week! Another way Citycouldget money frm fines. Many More garage receptacles at all of our parks so unhoused peoplecan have places to put trash. Thank you Improve help for home owners needing repairs and help withproperty taxes.

Removal of homeless encampments
There is an unmet need to keep the streets clean of debris,garbage, and waste. In addition to the dumping issues, funds should also be used to divertillegal camping and loitering. These two issues is whatmakes Hayward seem unsafe and lessdesirable to spend time and money in. For example, I prefer to spend my money shopping anddining out in cleaner neighboring cities which unfortunately diverts fundsaway from the City ofHayward via sales tax revenue.

I believe the City is doing a great job on many projects, although my streethas not been repair in years and we have a few potholes, I still support extending sale taxes Traffic Control for pedestrian crosswalks and at traffic lights Housing for extremely low income families
Generate more businesses such as restaurants that would providehospitality services such as food, and shopping for necessities such as clothing and other needs.

Do something about the crime, the machine gun firing at night, car theft, carracing on mission. When I’ve called the police, don’t respond to many of my calls to crimes inprogress.

Tree plantings and maintenance of existing trees
Refurbishing some of the old buildings that are vacant in the downtown area like the old Ace Hardware building and the boarded up building on Foothill blvd that burned down years ago. investigate traffic patterns inTennyson/Alquire & meter street lights in accordance. Illegal dumping is common as well.

Strengthening commerce within the city by bringing in more well-known retailers to there city to help with revenue and expanding economic growth to the city instead of having Hayward citizens spendingtheir money elsewhere within neighboring cities.Building so much residential properties all good and well but without the proper commerce, the city is losing out on tax revenue.

BMR housing for low-income families. Accountability of those in chargeof Alameda social services.

Please remove homelessness from Hayward. It’s gotten out of hand.

Get more businesses open
Stop adding high density housing without adequate parkingand other infrastructure. Require increased parking requirements for overcrowding caused by ADU’s More affordable housing and easy to applied for senior

MEASURE C REPORT
I like to see kids programs and older adults. Specially in thesummer.

COMMENTS
Revive Downtown. We need more healthy businesses. Currentdowntown is a disaster that everyone is ignoring.

Traffic safety. I frequently see red-light runners, speeding, expired license tabs,and unsafe driving. From all appearances, it seems that one can do such things without fear ofbeing stopped or ticketed.

Rampant petty thefts need to stopped and discouraged appropriately.

Around street many student sit in park and smoking and some sexual activitydoing then hard to bring kids in park.

Better education for schools
Animal welfare.

More businesses stores, restaurants etc. especially on the east side of the city's available land.

Dumping for all types of large items
ample mental health support and services for the less fortunate, juveniles, etc.

Too many homeless encampments need to be cleared out
Prepare for rising sea levels. Secure/enforce Hayward Shoreline.

I recently looked into what was supposed to be a program forresidents of Hayward to get a curbside mattress removal that was good for at least once ayear. Needless to say the links for that service all led to adead end. What a shock, yetanother city government service that’s more trouble then it’s worth Residential parking problems. Homeowners are unable to park in front of theirhomes because anyone who has a lot of cars park anywhere on the street. I have not beenable to park my car in front of myhouse for 3 years because people who don’t even livenearby won’t allow me and police say anyone can park anywhere. Hayward can raise moneyand improve value of homes if they introduce fees to park infront of other people homes withpermits with permission from homeowners or tax above four cars per household.

Reduce cost of living burdens by eliminating car parkingminimums and deprioritize street car parking. Increase street area and priority for pedestrians,bicyclists, and transit.

Put a decent roof on the snack bar/rest rooms at Tennyson Little League park Crime Prevention - more Police visibility
Trash and litter cleaned up from… everywhere. Hayward isvery dirty in this way Hayward is considered a poor city with a reputation of high crime area. Bring some good department stores and develops things and make downtown nice to give an affluent feeling so that standard can beraised Crime
Police should monitor contractors street closures or delays

MEASURE C REPORT
Prioritizing classical, traditional, & Spanish revival architecture. Our heritage isbeing stripped at an alarming rate. The brutalist & modernist architecture being approved iscausing mental anguish to residents. Itis a danger to public health & safety. There aredocumented studies that prove the effect ugly architecture has on health. We the peopledemand the city enshrine comprehensive architectural standards in thegeneral plan. We havealready lost 8 families who moved out of Hayward because they cannot stand driving downMission Blvd any longer. These amazing community members will be a huge loss, manymoreare close to leaving as well. The atrocious designs approved on Mission Blvd is a tragedy ofthe highest order. The state "mandate" is no excuse as there is a catch all escape clausebinding public health &safety in design standards. The city must do something about thisASAP. We are a coalition of roughly 100 households and growing who are impacted by thesemonstrosities imposing themselves on us. We arebeing attacked by objects that are offensiveto the senses. The city must take action immediately.

COMMENTS
The city needs to stop the crime too much crime ., already an Oakland city .

Clean up our local shopping Plaza around Food Max.TARGET. Too much trashvand loitering Find and fine those who are illegally dumping garbage,furniture, unwanted items on city streets and sidewalks.

Entice businesses to locate in Hayward. Tired of seeing so many empty buildings downtown and elsewhere.

Our Street, Bowhill Rd, needs repaving. Please do it assoon as possible.We also need police patrol in the area. I have never seen any police presentin my neighborhood.

Transit improvements! At least better bus service!
Defund the police first.

Public schools should be number 1 if not included in public facilities Schools
There are two big empty lots at 4th and B--can they be used for low-income housing? Also, we have lots of empty lots here and there--how about targeting them forinfill housing? Continuing KHC&G TF initiates, cleaning-up illegal dumping /trash in public ROW & strong code enforcement of blight on private property.

Upgrade school standards as of Fremont/ Union City.2. Create a Regulatory bodywho can regulate HOA fees for Condo/ Home Towns in Hayward.

We need proactive police patrolling at night times to avoid car thefts Maintain open spaces parks and other public spaces
Make sure that EVERY homeless student in Hayward has safe comfortable housing and access to computers.

Improve the safety of the city to improve commerce 24/7 Hayward has come up a long ways infrastructure wise.However, it has collapse safety wise.Spend money on increasing security to combat the continued rise in crime. (not ambulance and fire, we have theseservices I feel) Don't make Hayward an attractive city for folks who qualify to take advantage of the various free public services. This is a battle that you'll not be able to win, no matter how much moneyyouallocate to helping homelessness and most in need. Yes, allocate some portion, It's necessaryto help folks most in need, but there is a limit to how much help the city can provide. Focus onmakingHayward NOT an easy camp ground to folks who cannot find shelter in other cities andend up finding refuge in Hayward. Maintaining local streets, well done. But then Ranger pipelinecomes and tears upnewly paved roads with very sloppy work to make it as good as it was.Hold these construction companies liable for the quality of their work. The leave streets more defaced than before.

More low cost housing, lower college/university fees or be one of the first city tohave tuition free education for Hayward legal residents.

DEFUND THE POLICE, build civilian community support teams

MEASURE C REPORT
I live on Atherton Street near City Hall. I like to take walks around theneighborhood each day, but it's getting harder and harder to cross certain streets between thehours of 2PM-5PM. People speed atalarming rates up and down "D" Street and they useAtherton Street as a shortcut to get to Foothill. I can't tell you how many times I have almostgotten hit by a speeding car going down Atherton Street. I wishwe could get speed bumps onAtherton Street. Perhaps that might help alleviate the speeding!

COMMENTS
Safe delivery of UP Postal Mail should be the TOPMOST PRIORITY. What is being done to prevent break ins into the mail boxes??????????????????????? Homeless! The problem is getting worse. A dedicated effort is needed inpartnership with other government programs for All not just families. Several single adults needhelp! Lower taxes, cut city expenses
There are so many vacant buildings in our city. They stay vacantuntil they fall apart or catch fire then, miraculously, homes are built. The vacant buildingsattract the homeless looking for shelter. I want themto be safe and sheltered but that is notthe answer.

Lowering taxes, building less, reducing congestion, lowering water costs, reducing bureaucratic waste Hayward City needs a food and nutrition services program to enhance the health of its residents, food justice, land acknowledgements, cultural seed preservation...all in turn making us more sustainable andfood independent.

Enforcement of laws! Car theft at night, car doughnuts, package theft, littering,running red lights, super loud midsize aircraft. These are all common issues that the averageHayward resident violates or dealswith on the regular.

Can we fund animal control more fully so they have the resources to actually help control animal problems? 😬 Decrease crime. Severe punishment for criminals. Crime prevention Attract large businesses in tech sector to provide revenue for city, foot traffic for local businesses, and job opportunities for residents. All we get is empty warehouses or data centers with no foot traffic.

Affordable Housing
We have experiencing a lot of theft car and property even if they are gated ithink more policing and also patrolling will at least help with that Increased trees in downtown / walkable areas to create moregreen space and shade within Hayward.

Medical / Health services- Under what category is this? Not only during emergency situation To help our local businesses and safety for everyone. The crime is out ofcontrol everywhere, it just getting worst. Our City, County, our State need to step up to tacklethis problem.

I would love for the Police Department to be separated from otherEmergency Response services in surveys. I fully support the Hayward Fire Department anddefinitely think we should support--and maybeeven have our own--EMS services. But Isupport HPD significantly less, especially with how much of the budget is spent on them.

Improve and revitalize downtown. It seems that there are still manyempty storefronts and restaurants have a tough time making a go of things. I applaud theoccasional festivals, but there has to be moresupport for increasing housing in the downtowncore and support for small businesses.

Bringing in more business and stores
Ambulance service is inadequate and unprofessional
School district ratings

MEASURE C REPORT
Parents behaving badly in school zones parking in bus and redzones parking in the crosswalks directly in front of schools huge problems in front of treeviewschool

COMMENTS
I do not think any of the categories above need further money.

Better utilize the current budget
Enforce parking
Remove it.

Cleanliness of city. Trash, graffiti, homeless
Put more lights on the streets for safety, our block is really dark and no light post to help when walking at night, thank you.

HAVE THE CITY FATHERS EVER VISITEDTHE STREETS OF HAYWARD AND OTHER NEIGHBORING CITIES? OUR STREETS ARELITTERED WITH GARBAGE, WILD CATS RUNNING ALL OVER, TRUCKS ARE ALLOVERIN RESIDENTAIL AREAS WHILE I (AS A CIVIL ENGINEER) WITNESS MONEY BEINGWASTED ON USELESS PROJECTS, SOME EVEN COMPROMISING SAFETY. EXAMPLE:WASTE MANAGEMENT KEEPS ONGETTING BO-BID CONTRACTS YEAR AFTER YEAR.ANYBODY WATCHING? THERE HAS TO SO MUCH WASTE IN THE CITY. AT THE SAMETIME, EMPLOYEES ARE GETTING FAT SALARIES WITH GRAVYBENEFITS. I AM SICKAND TIRED OF PAYING HIGH TAXES. I AM ON SOCIAL SECURITY AND HAVE TOMANAGE WITHOUT MORE RESOURCES AND HIGHER PRICES AT THE SAME TIME. THECITY EVEN DOESNOT GIVE ANY BREAK TO SENIOR CITIZENS.

We have grass and weeds growing throughthe asphalt on University Court. The road hasn’t been resurfaced since the 1980’s or 90’s. Itsupposedly has been on a list to be resurfaced for years now.

Clean up all the garbage that’s left on the streets. Crack down on people speeding in the streets.

Recreational facilities, neighborhood parks
. Stop the mindless building of apts & homeswhich is causing terrible traffic and destroying our quality of life in Hayward. Too many carsand people all for the sake of more tax revenue? Terrible cityplanning! We need more parksand green spaces!1.

Funds for all public and charter schools in Hayward.

ENFORCE our Noise Ordinance!Immediate fines for those who have norespect or consideration for their neighbors. Get serious! STOP THE NOISE. Make some $$for Hayward.

Revitalize Hayward downtown by providing economical incentives for businesses Establish unoccupied taxes on vacant commercial properties.

Move South Hayward parish to an industrial area. They have outgrown anddestroyed what was a family friendly neighborhood. Due to the homeless invasion, Weekespark preschool has closed, the elderly nolonger feel safe walking at the park and there is adrug problem.

La Vista park construction that has been promised for the past 4years. ensuring that more funding go to HUSD, providing funding for after school activities, higher pay for teachers and school staff, building more parks for children to play in and building less new build homes.stop approving so many new builds when our youth and children need places to play and spend their time. new play grounds ,basketball courts, pickleball and tennis courts, soccer fields I support public safety, but would prioritize fire and emergency medical services over the police department which already gets the largest piece of the City's budget and has many unfilled positions so I don'tbelieve they need more funding, whereas HEART and other emergency medical services that do not involve the police need more funding.

Water cisterns for natural disasters. Potable water storage.

Helping the homeless

MEASURE C REPORT
Revitalize Downtown Hayward and filling vacant commercial properties

COMMENTS
Please focus on illegal dumping close to tyrrell elementary sheperd st and manon ave. Thank you!!! Make Hayward look nice…then safety will follow
Poor survey, you have multiple options in onechoice which should not be done!!!!The smell or urine, begging on streets, peddling on sidewalks and street islands, poorly kept business throughout Hayward,poor condition issidewalks and road on mission blvd north of orchard, poor condition of Tennyson area, poorlykept freeway on and off ramps, weeds throughout city, trash dumping on freeway entrancesandon 2nd street and other areas, growth of invasive eucalyptus trees, invasive peacocks andpeahens in Hayward hills… Fund City Maintenance Dept to allow for better maintenance of City own landscape areas along secondary roadways, not just Foothill &Mission. The overgrown and dead bushes, grasses and trees pose aserious fire risk, from acareless cigarette thrown from a car, etc. Additonally, roads like Carlos & Hayward Blvd arehave traffic because of the college.

Improve maintenance of public parks.

Maintain/enhance/increase outdoor recreational lands & open space More police officers
A priority for the city of Hayward should be a concentrated effort to decrease the ever increasing crime rates. Our city is no longer a safe and family oriented place to live.Daily car break ins, smash and grabs,and looting have ruined our once great city.

The lack of law enforcement by the police department. Not citing illegal parking and enforcement of the laws.

Tree pruning for elderly or handicapped residents, please.

It would be great if the city would clear the homeless camps on the railroad tracks inthe down town area. Also revitalizing Bst / make permitting simpler would be great Please do something about the incessant, year-round use of illegal fireworks inour neighborhoods.

Safe bike lanes and stop street racing, especially on Mission Blvd Schools - our current schools don’t meet the bar for me to be able to send my kids there. We need to level up.

Attracting new business [NOTE: this should be number 4, with 5 being safety net and 6 being upgrade public bldgs.] More security at Southland Mall.

More security / theft
Emphasis on branch library facilities - upgrade South Hayward Weekes Branch Library, asap! City parks, tree trimming.

Recreation activities.

Maintaining public parks

MEASURE C REPORT
should be upgrade public parks.

COMMENTS
Control of crime in the city, namely car theft, home burglaries, and reckless driving (including uninsured and unlicensed drivers). Also, undocumented people living inHayward.

Continue with street trash removal as much as possible. Itmakes the difference between living in a slum and a respectable city.

Stop the 1/2 cent sales tax that you promised you would stop ten years agowhen it started. Enforce the laws you have, like the fire cracker law that every department ignores.

Citizen security , crime
Revoke Hayward as a Sanctuary city, stop harboring aiding and abiding illegal immigrants at taxpayers expense for a political narrative priority 1: two handicap approaches on Carroll Ave and Gresel St remain in disrepair weeks after paving of Carroll Ave is finished. We have spoken to Chief Eng. Yanis inperson and by phone four times. Wehave four handicap neighbors. Please help! Priority 1: Street Vendors out of control.

No more gender experimenting in schools.

Clean up the city!
Install no parking on Thursday so that truck sweep can do their job. #1 should be auto breaking in and car theft. (Experienced both #1 should be Repair Roads (Tennyson)
#3 should be graffiti and local cleanup for all areas.

More police!
#3 should be side shows.
reduce street sweeping areas or alter for more funds availability. start throwing criminals in jail!!
stay out of HUSD business.

Safer environment for schools including privates ones and Hire more cops.

Keeping our children's parks clean and safe!! Fix Weekes park! Youth services.

Beautification & clean-up of litter

MEASURE C REPORT
Make owners clean-up unsightly properties.

COMMENTS
Do not let the homeless become an issue in Hayward. Do not defund policethey are vital to maintain order.

Refund tax to tax- payers.
#1 should be Spring Grove Park Eucalyptus trees fire hazard, ignored by H.A.R.D.! More parks in many of the vacant lots
Public SafetyMaintaining Local Streets Upgrade Public Bldgs.

Police Department Help?
Change road routes!!!
Noise complaints (loud music).

Best policeDept.
#3 priority should be Empty store fronts downtown
speed bumps to slow drivers down!!
#5 traffic
Get trash off streets and freeway on and off ramps.

Continue to be better people.

Street water drains are never cleaned before storms. Streets flood. Street sweeper do not come before rain storm. garbage, encampment litter
Rebuilding downtown Hayward
I’d love to see more businesses on B and in the ground floor of newhousing developments. I don’t always feel there’s enough diverse high (or even mid-quality)establishments in which to serve my needs. I’dlove to see incentive programs to incubatesmall businesses (and move those operating from houses and garages into brick and mortarspaces). Mostly, it would be nice to feel like I didn’t have to go to CastroValley, San Leandroor Oakland to eat, shop and have entertainment.

Fix the worst roads in the nation!
#3 write-in: Increase PoliceDept. staff. Should have happened a long time ago.Notes on #2: Maintaing Local..."keepgarbage off streets, etc."Disaster Preparedness (not ranked) - "this should already haveinplace."Safety Net Services (not ranked)- "Lots of $ already spent by Gov. Where's $ going?"#4 Upgrade public buildings: emphasized public safety, with library crossed off.

Removing discarded debris from sidewalks, streets. Towing discarded, abandoned vehicles (with) outdated/expired tags. limit street vendors

MEASURE C REPORT
Roads

COMMENTS
Single family homes w/out HOA's & must have small yards!Save our green spaces! Do not waste water in school fields.

Homeless. This is city problem, which costing owners a lot of money.

Build for a balanced citizenry, not only affordable, but also middle class citizenry.

Beautication (sic) projects - redo Weeks (sic) Library. Upgraded shopping areas. "Clean up / stop building! You plant w/out water.
more quality, outdoor recreation facilities.

Road reflectors, potholes additional improvements overpass by Industrial Way.

Impose sales tax on electric cars.

Replace roof on Tennyson Little League snack bar and bathroom & flags for schools.

Crime
Homelessness is growing.
take down church signs on public roadways (Carlos Bee Blvd.) no increase of anything fixed income can't afford it.

Upgrade animal shelter
deal with crime
affordable housing
Bidwell Park Renovation
Improving downtown Hayward
Street Safety
Job careerr centers
Robberies of stores

MEASURE C REPORT
1200 W Winton, we need a crosswalk to the other side of the street. We haveto walk to Smart & Final.I like what you are doing to dress up Hesperia. Can we cut down onthe stand-around all day men inHomeDepot's parking lot. I hate getting out of my car, with allthose men waving me down. Other H Depot storesare not like this... Hesperian mobel homeparks would like to see a Food Bank that we can walkto. English

COMMENTS
You really "blew it" when Mission Blvd was rebuilt, but without safe, well-marked Bike Lanes.OK, that obvious design "feature" was "missed."Why is it still being ignored as a basic part of roadway marking andplanning?Why can Fremont do safe bike lanes, buy Hayward can't? Street Patrols - On Calaroga between Kay Ave and Southland, it is the normthat cars speed and race everyday, all day and night. More and more cars are not stopping at the STOP signs at Kay, Cathy, Fry, andTurner. Everyday I try to make a left turn fromCalaroga to Fry Lane and I'm almost hit by cars racing and not stopping for the STOP signs. competitive pay for employees
Affordable housing Public safety/emergency response: emphasis on firefighters and emergency medical responders Maintaining local streets/roads: emphasis on improvements for bikers, pedestrians, andpublic transit More police patrols in neighborhoods
We also need to add to this list punishing those who are committing crimes. Not just releasing them. Harsher penalties ,fines, and jail time for repeat offenders.

Proactively preventing juvenile crime by providing education, activities, programs for teenagers to do after school or during the freetime.

As long as you don't count the library is essential service they built a librarytoo big that people who have mobility issues can't use and they don't care. A lot of people areforced to use the county library likeSan Lorenzo or Castro valley cuz it's smaller. I haven'theard from them that they said they're getting a lot more people from Hayward since you've built the new library. The old library was the right size I usedto be able to go there at least once a week.

Traffic congestion along Foothill and all of Mission.Homelessness Crime Mission Blvd. Traffic
Make street lights brighter especially light post in front of homes. Make pedestrian signs with blinking lights for pedestrians crossing. Make shops and stores in Hayward more attractive lots of empty buildingsthat needs to get vacant. there are restaurants and stores that looks unattractive or outdated but has great potential. Make Hayward look more modern.

For the citizens to help the city access, Hayward must function asit was created. The system has become clunker to use, Also, and most disappointing, the setup of the request or complaint, going to a specificperson; that person‘s supervisor to monitorefficient Resolution of issue; Responding back to the citizen and Sending a survey as to thequality of service; Using data of submissions to access Hayward as a toolfor determiningwhat issues are most important to the citizen rate, and working that into the budget Appear tohave been dropped. As a matter fact, I have been told by several staff people that they don’trespond to a lot of them and it’s better to make a call on an issue. As a person who piloted thewhole program with the city I am not only disappointed I am incensed.

I can see hayward making progress but more than half of people lives inprivate streets. We pay taxes as well . We have not received same previllages as public streetaddress. Eg : no code parking issues always, (ppl park 7 vehicles driveway blocks . commonarea maintenance & lighting specially when no HOA is there. Parking in reserved parking slotscity & police do not do nothing spl at night & weekends .peoplepark at others reserved parkingb/c had party/weekend . Other suffer.people sitting in cars all night smoking . No rules forprivate street safety or peace of mind.

More police around to prevent criminal activities.. too much robberies, carsstolen everywhere in Hayward.

Safer streets
More green spaces and trees!!
Investment in public transit
We need a decent grocery store on the west side of 880.

MEASURE C REPORT
Put more cops in the street they sleeping in the parking lots while some other people they steal from them

COMMENTS
What a joke. You go to the sight and the survey is closed.

Most of city roads are revenue comes from our sales taxes and registrations...DU How about you get educated before pontificating! we had a car stolen on video finger prints on the window they pulled out. Hayward police said they couldn’t anything about it. 2,weeks later they came back and broke into another car. They keep doing itbecause nobody is even trying to them High taxes and the worst schools in the area
Suggestion/ get a petition signed by several of you neighbors -1000s for Safety. Now these thousands of people on your petition are also voting constituents who can easily vote them out of office Get the Rock to help the community out
They have never came when I have needed them. Had 1 car stolen 1 car broken in to. All on video. The police wouldn’t even come said they couldn’t do anything. A lady came in my gated front yard breakingmy things they never came. Front neighbor always hiring my cars breaking my mirrors all on video but they say their can’t come. So how are they protecting us or keeping safe Provide adequate shelter for a homeless
Please clean up Weekes Park, Hayward, California so many homeless camp out.

More police officer
everything is perfect .
tell the HPD. To stop harassing people. It's called serve and protect. Not harassing and laughing.. another issue is the building department are stupid. We had double Lanes on GADING ROAD AND PATRICKBEFORE. NOW WE HAVE SO MANY ACCIDENTS NOT EVEN A JOKE. PLUS SO MUCH CONGESTION.. STUPID HAS NO CURE SORRY.. !..

Police Department must to put attention to our community when we call them some people called them Invisible I’ve seen them Why do they need office space?
The police department is useless. The landscape in front of Alden Oliver park along Hesperian is city responsibility and nothing h been done for over a year also HUGE fines for anyone dumping on streets, entrances and exists in Hayward Yes, the city has the responsibility to report these problems to the state.

CLEAN AND MAINTAIN CLEAN ALL THE ENTRANCES TO THE CITY OF HAYWARD. CURRENTLY, ALL ENTRANCES APPEAR AS IF IS ENTERING A WAR ZONE With due respect Hayward is turning into hell because of car theft, every day car’s got stolen and no one cares! Promote local small businesses by lowering there tax so they can give it back by selling cheaper products.

Police visibility at night at Tennyson road Calaroga ave.

Mission blvd is so cramped, theres no logic.

MEASURE C REPORT
Too many homes being built, crazy.

COMMENTS
City of Hayward needs to do more business. With black owned businesses located in Hayward. Be apart of The county ofAlame sleb program. Address the influx of non licensed vendors selling food on thestreets and implement an ordinanceto stop the hanging out of undocumented people hanging and selling food out of the trunks vehicles.

Too many buildings Apartments more crimes and traffic
alot of crime,,,And no cops. They are too busy posting up in the dark alleys sleeping through the night. Oh I've seen it Please stop illegal trash dumping, graffiti and homeless camping along Whitman street where our students passed bydaily. Th bad pictures for our kids. they have mias park and the Eden youth Center is being remodeled. I have been advocating for after School programs atapartment sites, so Children have somewhere to go and something to, along with amentor which will give t someone to talk to when parents are not home. What kind of ideas do you have that may help our youth stay off the streets? I h youdon't mind me asking Hayward already has the highest sales tax in state
Hayward ranks low in safety, education and other quality of life indicators than cities with lower tax rate around Bay Area If Hayward, with highest tax rate, can’t do what other cities are doing with less, then itneeds to explain how the existing funds a utilized rather than asking for more.

And yet it's still an amazing place. It's NOT a half cent more. There will be NO raise in taxes. It's just keeping it in plac and itasks you what your priorities are, like safety and education. So if you KEEP it, insteadof have it go away, more police can b hired, more into education, etc. The school board president just posted about the vacant schools and wants to sell thatland, al to put more back into schools. If you lookat the cities with appreciably lower taxes, not someplace I'd like to live. lots of places in Bay Area are better places to live with lower sales taxes. Hayward needs to explain why it can’t do what it haswhen other cities are doing a better job with less.

I did move out. Lived in Hayward for 5 years. Got tired of poor quality of life, poor schools, high crime, poor civic facilitiesand poor public services.

I love Hayward, and so do many people
I put that I want them to be a lot more about ho they are spending all of this. Hayward is in the forefront of so many things many other cities aren't I just want to know why Hayward, with its highest sales tax, is worse than other cities in Bay Area with lower sales tax. Where is the money going? Why can’t police, schools, infrastructure etc funded with whatHayward has right now whenother cities are abl do it better with lower sales tax.

Hayward already has the highest sales tax in state. https://www.cdtfa.ca.gov/formspubs/cdtfa95.pdf Maybe better useexisting funds than ask for renewal of half-cent sales tax. Other cities around the BayArea are doing a better job with lower sales tax Most surrounding cities have similar taxes and don't have a kick ass library, HARD, all of the park all of the homeless programs Hayward has a habit of ignoring the issues
How about investing in keeping us safe from the criminals that break into our cars constantly or steal from our retaillocation break into businesses or graffiti the landscape how about that? As far as Imconcerned, the city government isworthless I text Alameda county to paved in Hayward st. Hathaway, all they do for maany years fill the holes . Waste of money andtime. Ju paved the street Once and for all. Go and check Hathaway, looks lousy work.Every time rains. Thank you More furniture stores. Ya that’s what we need. lol

MEASURE C REPORT
Gas tax money is hard at work

COMMENTS
Yes born , raised and still here ! Y’all have messed up the city of Hayward for sure ! Need speed bumps along the Hesperian Frontage Road - mini freeway during traffic jams on Hesperian Blvd You should have a staff of at least three or four guys. You have knockdown pause everywhere your roads are horribleshape any piles of Tweakers.

For city of your size we only have one traffic signal service man it’s on an extremely tight budget. Don’t argue with mebecau know this because I work for public works Yes they get a raise while they fail to keep their citizens protected. Car thefts, car break insurance package theft.. and everything e they let slip by Put the sign along B Street no parking, we need the reflectorize devider sign.

About 20 years ago I attended a meeting at the city hall regarding loud music, where residents voiced their opinions. Itwas overwhelming passed no loud music. Today most of my neighbors passed away ,new uncivilized bstds moved in they play mu ear piercing. I call the police , police say they can play until 10 pm. My quite little street has gone to thedogs.

Property owner of two houses. I see so many people have tent and cooking on the sidewalk in front of shopping centers,gas sta and by railroad tracks. What happened to all food handling rules and theregulations? How is this fair to businesses who are pay taxes, fees to stay in business and employment? How is it safe to put a tent on sidewalk and startopen fire BBQ and have tables chairs out for people toeat and eat. Why can't the city put the same rules to these freeloaders? So if anyone gets food poisoning who will be financially responsible? City so they can increase taxes to cover forloss. How is citybenefiting from these business? am paying tax, for what???? Yeah we need plenty of them over here on foothill at the doller tree maybe you can send they mayor down town Until they stop the crime that's rampant in the city they don't deserve another penny. They can build a brand new shiny Police station but they can't stop the crime in the city Less Rent and low prices
Hayward soon to be like the tenderloins in San Franshitsco Whatever happened to the noise abatement ordnance that passed overwhelmingly like 20 years ago . I attended thatmeeting at Hall . Today my quiet little street has gone to the dogs. New . neighbors hasmoved in starring each house with 10 cars. But the biggest problem is loud constant blaring music. Must be music on from one of these new bstds on daily. I call police , they say do much before 10 pm they don’t care what you have to say
our wonderful police department. They care! Laughing my ass off. They don’t care about you.

Measure F back in 2010 added $10 onto each vehicle registration in Alameda County for street maintenance and transportation. also pay taxes for street repairs, yet there are pot holes everywhere in Hayward.Ive lived in Hayward forover 68 years and I ha never seen our streets this bad, and crime so out of control. And who had the bright idea to have street sweeping and waste management on the same day. Can’tsweep with garbage can everywhere, but the city hands out expensive citations if you don’t move your vehicles.

Hayward doesn’t care about pedestrians
Get rid of the councel members who stand with terrorists Does anyone else pay tax every three months living in an apartment on shepherd avenue. Also when going to work in themornin There is a family with a tent by food max selling food and we can’t even passby due to traffic on the street carsparked on the street to by food . Also on huntwood. Is the city doing anything to keep everyone safe. I see so many otherthings happening in Hayward. An we pay our taxes .Like garbage piled up on shepherd Ave . From people moving out and putting their garbage on side walk help clea. Our beautiful city

MEASURE C REPORT
You took All the CHARACTER away . The murals and art work are the BEST LOOKING things that were done. They did great. But instead of doing the little things to have work off of . You just blasted up anddid worse. You close storesexample downtown AC Hardware DOWNTOWN had Character it was WAS INVITING this is on you raising the rentsmaking it difficult for businesses to op am done. It's depressingas I am typing this . Commonsense sometimes it seems is lost FIX THE FRICKING POTHOLES MAYBE START THERE

COMMENTS
Seriously though that is what I see the things you touched. You made it worse I think because of ARROGANCE thinkingyou were smarter.

Low maintenance planting Palms Spring style landscaping.

Yeah because every project you have done in HAYWARD either looks like shit or it designed worse then what you fordown. #1 Kamakazie lanes the loop that is some shit. That alone makes you want to get outof here. Want it supposed to bring people into DOWNTOWN.???#2 MISSION Blvd all that damn money to have the same amount of lanes . The bicycle has to be one of the lamest things to hav thrown in there. #3 The buildings townhouse being built why are they so closeto the street. What happen to set backs.#4 same amount of lanes 4000 units you build and you add BICYCLE LANE throw in IN n Out burger/Kanesshopping center. N extra lanes Thank God for the bicycle lane#5 landscaping you do on mission blvd and the lack of landscaping everywhere else. Mission you plant trees shrubsplants. Yo can't keep up with what you have. It is ridiculous. You close one lane always atthe worst time to trim. Andthere is the bicycle lan not being used. While we sit in 4 to 5 mile traffic jam up.

I didn't have any children and I am still in Hayward, with a vision to help stop children from slipping through educational cracks, and bringing after school programs to apartment sites so that we can helpoverwhelmed parents and teachers prepare Children for School/ Life. But it has been quite a challenge. they took away all the things for the youth to do. Valley Vis holiday bowl, the BMX track at Tennyson Park. I love hwd butcouldn't send my kids ti school there after what I saw and went through. Like 80% ofmy generation and the one before me all went to prison there is a lady with a basket every morning and afternoon putting cat food under cars. She had been doing thi years. When the summer time comes here comes the fleas. We have to spray our apt groundstwice a year for fleas because of th cats.

Fix the potholes. Not just where the new homes are, but complete the same street you started. Dixon st. South Haywardclose by Bart station.

Mi hija fue atropellada en la Tennyson aun con crosswalk y Luces para pasar Manon street look like a freeway on my block people driving 60 mph I requested speed bumps but they said no the police are letting the hills turn ghetto. Trust me, I live up here. They do nothing for the people or the commu here oranywhere in Hayward.

We want a safe and peaceful Hayward. More responsive and effective police force. Lessen food vendors in our streets.Place homeless people to the shelters. Appreciated Hesperian blvd beautificationprojects.

People are speeding 50 mph on Tyrrrell Ave running stop signs needs speed bumps trash everywhere overgrown trees homeles loud music cars doing donuts potholes it's out of control Cole place needs pot holes filled it’s been like this for years.

The water in Hayward is so filthy you can’t even drink . When you take a shower after some time you start scratching your bod over . And we all use that water for cooking just imagine what could behappening in our body. All this water problems are we wh the city to treat us bad because we don’t do our homework without reading we vote for the candidate to step up for people bu don’t see anyimprovement. And next you hear is water rates. Gas bills. PGE bills are going up. Water bill is so much high that can’t afford to pay now Neighbors are helping to pay your bill. What is going on in Hayward It is all of Alameda County, not just Hayward.

For all you complaining about the streets.....Jackson, Mission, Foothill are state highways! Sorry Hayward can't do anyting abou them.

Clean the homeless in the city parks week park specially

MEASURE C REPORT
Do something about any crime at all and we might think about more financial support. Not going to give you fancy facilities so yo can be in a nice spot while you continue to ignore vagrancy, open drugusage, shoplifting, gang activity, break insâ€ ¦ .

COMMENTS
You don't do anything for the community. But now you're asking for more money so you guys can have nice offices? Clowns Fix street names, some are facing the wrong way. People get confused when looking for the address.

Street fence height is getting taller and taller in Hayward. People are building backyard fences in front of the street as high as the backyard. It is making the city looks awful. Isn’t there a street fence heightcode? If there isn’t we need to have one to main the beauty of the streets and have all those people who built a fence higher than the recommended to lower the height of the str fence.

CLEAN UP AND CONSISTENTLY MAINTAIN CLEAN ALL CITY OF HAWARD ENTRANCES. CURRENTLY, ENTRANCES APPEAR AS I ONE IS ENTERING A GHETTO NOT A LIVABLE CITY.

I was hoping that downtown would improve with the building of Lincoln Landing on Foothill Boulevard; however, thetransients hang around downtown make me feel unsafe. I had to call the police last weekbecause a woman was lying, half dressed and barefoot, face down on the sidewalk. I was afraid she might be dead, but she was just under theinfluence of something.I was born and raised in this town and it makes me very sad to see how it has deteriorated.

I have been advocating for after school programs at Apartment sites, where children have something to do somewhere to go and have a mentor there, so Our youth have someone to talk. to. the police cant help then who will? Also, there is a barbecue stand adjacent to a gasoline station at the corner of Pompano/Tennyson with open fire cooking! ????? Its too late its already way over populatedand the traffic calming on Campus Drive Its too late its way over populated.

How about you start with putting all the little hood rats that have infested this city in jail? I can't even go buy coffeeanymore at th grocery store because it's locked up in cabinet I have to wait 15 minutes forsome brain dead employee to come unlock for me. because your joke of a police department refuses to go after these broke dick losers„. They'd ratherhave parties in the middl Foothill Blvd. to set up theirbullshit smog check points so they can squeeze some more money out of us while virtue signaling all the left wing climate change nuts that run this dumpster fire of a state. You don't deserveany more moneyfrom us. Thats why throw your stupid City Tax bill in the trash everytime I get one. I'm not giving this city a dime of my money, your local and federal governments already take enough of my pay check. Gof**** yourselves.

My friend was driving in the Hayward Hills and she honked the horn at this guy who cut her off almost causing a wreck. Well the driver of the other vehicle didn't like being honked at and it turned into a roadrage. It started on Five Canyons Parkway and it wen for over 5 - 10 mins. My friend called 911 while driving and was telling them she is a victim in a road rage and being followed. Th told her "I am sorry Ma'am,This is not an emergency" "You to call hang up and call CHP"When you Google. What do you do if you are involved in a road rage. Here is what it says. Avoid TailgatingCall 911 immediately if you're a victim of road rage.Drive to the nearest police station if an aggressive driver is following you. File a police report about the aggression and request a copy.Remain in your car.Don't engage the offender.Seek medical evaluation immediately after the incident.

If police are not going to help you then you need to start carrying a weapon to protect yourself. Invest in fixing the turn signals on most of the cruisers bc it seams like most of them do not work .

Stop raising property taxes, people are going to leave. I pay enough taxes already! Good comments but Hayward Police must to attend when we call for assistance they don’t care what happens in our streets specially: Lund Ave every night parties until 3:00AM Rent control and less building is making rents much much more expensive. Build more housing and NO Rent control.Hopefull rents will remain competitive and stabilize and not go up as much. Rent controlis and has been bad for rentersand new people moving into the area.

Hayward needs to create more free programs in school and out in the community to keep our kids out of the streets. We need m focus in the well-being of our kids and their safety Remove those green islands on Mission!!! It is a dangerous design error .

MEASURE C REPORT
Perhaps you can tell citizens what's factually in place to prevent another Uvalde in hayward. If some jackass starte shootingkids in a local school, what prevents our police from running and hiding around acorner? That's the last time our Supr Court ruled it to be. What prevents them factually, from kicking back putting hand sanitizer on while it went down? Tell us...wha in place?

COMMENTS
you seen the comment, it's my duty to protect my family, right? That's acknowledging the fact our police have duty toprotect citizens, and defending it, yes? Seeing the same reactions across the country hasmade me realize, our police hav knowingly, literally, and willingly, surrendered the protection of their own children so they have no duty to protect anyoneelse's How sad is that fact? Where in our country canthe citizens depend on someone stopping another Parkland, FL orUvalde, TX situation? The only thing citizens have is a HOPE their police will go above and beyond their duty. That's allevery family across ocountry has. And even st louis, MO is more dangerous than Oakland where we hear of all thesestores closing.https://www.neighborhoodscout.com/mo/st-louis/crimehttps://www.neighborhoodscout.com/ca/oakland/crime Yall are garbage! My husband fell on the floor and I couldnt get him up . I called yall for help and you didnt get hi off the floor my neighbor and myself got him up . You truly should train your firefighters better. He also wet himself falling they s didnt help him up ! They need too have respect for the elderly as well . I wont call you again I called many times and never came to assistance and help I live here in Hayward seen more security protection from them plus the streets are more safe and less thieves. All police ingener need to be educated in handling Mental health and people with disabilities. Ihave a son with disability. I had theexperience with police bad treatment and not listening when they were told of his condition. Not only once but various times to the point my so suffered trauma. I believehe still has it in his mind.I thank that now things have been improved on the awareness of people with thisconditions. Hayward Police you are doing a great job togetherness we can do it! SI SE PUEDE!!!Gracias!!! We need changes, unfortunately I understand wha you are saying as a Hayward native of 40+ years. I have experiencedPolice officers telling others that they really don't care a they just get involved for show.Imay be called a lier by people butthat's OK. Here to help my HWD community for life.

Too many houses apts etc NO REAL ENTERTAINMENT! Bingo bowling line dancing plenty of restaurants but so boring . Bring ba the air shows to Hayward!!! Stop stop sign runners and crime!! police departments are here to protect the 2% wealthy corporations nothing else There is nothing wrong with Hayward! Better than has ever been.

Need business friendly city
what is your thought about the fact you yourself can be getting brutally assaulted, our police can sip coffee an watch, then just walk away with zero duty to help you or even stop it? Why and how is it possible for citizens to still believe, after 43 years, that our police are here to "protect and serve" though?If citizens are lied to and misled to believe a service is being provided but isn't, isn'tthat straight up fraud? Por favor regularicen (controlen ) que no se estacionen cerca sin dejar distancia en altos (Stop) de las esquinas , ya que no dejan visibilidad para salir a la calle principal. Por eso hay accidentes . Otrasugerencia es que la barredora de la calle NO barre bien cer de la cuneta ( banketa) , PERO para Poner multa es es constante . Que corten las ramas de los Ã¡rboles que estÃ¡n la orilla de L andenes .

Dumocrats are turning it into a house a sh_t hole lol
You don't do anything for this community. But you're asking for more money so you guys can have nicer offices. You're ajoke It sounds like you want more taxes from people to build you new buildings.

Hayward is trash I’m leaving
No more property tax to fix your buildings. Get the money somewhere else. Im thinking about selling and move out ofhayward Born and raised and I used to love Hayward now not so much. Whoever it is who got have for design and presents theseto me approved.

MEASURE C REPORT
Hayward doesn't deserve the money they get now.

COMMENTS
Tax the rich. We’re already paying upwards of 60% in taxes when you account for both direct and indirect tax initiatives.Haywa officials need creativity. Too much taxation w/o representation. That’s all! Can we get a city government that doesn't simp for real estate companies and HOA, please? I didn't see that on the survey.But th is a section for added comments that will likely go unread.

How about you start by providing services to your residents, to my recollection, you won’tt even go down to check onpeople during emergencies, roads look dreadful, libraries are dirty, and the list goes onand on.

The thing is, you've lied and misled the general public for the past 43 years and citizens have no idea our police have no duty to protect their families. How would they know what's important if the thingsthey're taught to believe is lies? Inform citizens our pol have no duty to protect them or their families and see what's important then...

I myself think it's crazy that citizens come here thanking the police when they're living with a 1 in 33 chance of being avictim whe 500 citizens live on a single block and there's a police officer for every 500citizens with just city police alone.

Always calling those guys and saying: WE ARE MORE IMPORTANT THINGS TO DO WHEN A BUCH OF DRUGS DRUNKS GUYS FIGHTING SCREAMING ABOUT 3:00AM TO 5:00 AM AND THEY NEVER CAME TOTHE PLACE: IF TY DONT HELP WHO WILL BE IN THE SERIOUSLY SITUATION:BAD BOYS 197 sworn 124 professional staff. Amount of citizens per block would greatly differ depending on area ( apartment condos,single family) but with that said, I stand in needing more officers in Hayward. Goodday Sir Thank you HPD!
Thank you Hayward Police department! We do need more officers though live in the hills of Hayward ,came down yesterday to go to the cell phone store on A street. there was a crackheadsmoking cryst meth in front of the liquor store asking for change rolling the pizo between hisfingers the glass pipe wasblack as night. with 150,000 populations, how many police officers between sworn and non sworn? San Leandro pays for 14 total, thelast I knew. That's 1 in 554. Have you ever looked up how many citizens live on a singlecity block? Do something about the heinous building on the corner of Fletcher and Mission. Add more speed bumps on Walpertbecause id tear down it at night like it's a raceway.

Downtown Foothill blvd is a freeway mission 4 lanes. Design change was for bringing people to Downtown. Kamakazietraffic pe going to the right for great then to the left some straight to freeway. That rightthere alone but again nothing issmooth its just a pis contest. It is yes people or something or maybe these planners working for city don't even live in theHayward I don't know. But sometimes they need tostepback to move forward in the right direction. "Go slow to get therefast " was an expression that was s to me many times people that are in this panel. Don't know how Hayward truly was at one time. 70s to 80s and 90s.I have seen it as at its peak and dwindle away. I know that growth of and change needs to happen. Hayward always hasbeen undersold and undervalued . They did not use what was here that peopleappreciated and liked.

Everyone is so busy in life, I get it. If we orga and take it to the streets, news, and really connect with our neighbors maybe, just maybe something could change? I'm a firm believer that things can change forthe better, but the realist in me knowswe need leadership and Bureaucrats to help our city. I honestly just want hayward back to being safer than it is now. we should go to meetings. Done that and either you get pushed back in line to speak. T they they do the game of" We will take that into consideration" along yes I can see for being concerned..They start and see a problem with things but just keep going. That is the truth they take some speaking with a little grit fromseein things. Then they make that person look based and people also. So thatnumbers thing and guilt thing saying thatwe should do and that that is BS I think

MEASURE C REPORT
Hayward doesn't deserve the money they get now.

HAYWARD MEASURE C EXTENSION SURVEY
220-7137-WT
N=653
MARGIN OF SAMPLING ERROR ±4.0% (95% CONFIDENCE LEVEL)
(PHONE ONLY)
Hello, I’m _________ calling from _________, a public opinion research company. We are conducting a survey about different issues facing Hayward voters. Please be assured that I am not trying to sell you anything or ask for a donation of any kind, and that your participation and responses will be kept confidential. May I please speak with _________? (MUST SPEAK WITH THE VOTER LISTED AND VERIFY THEY LIVE AT THE LISTED ADDRESS—OTHERWISE TERMINATE.) (PHONE ONLY)
A. Before we begin, have I reached you on a cell phone? (IF ON CELL PHONE, ASK: If you are currently driving or otherwise occupied, please confirm that it is safe for you to take this survey without endangering yourself or others.)
Yes, on cell and can safely take survey 73%
Yes, on cell and should reschedule (RESCHEDULE)
No, not on cell 27%
(DON’T READ) Prefer not to say 0%
(ONLINE ONLY)
Thank you for participating in this public opinion survey about different issues facing Hayward voters. Please be assured that we are not trying to sell you anything or ask for a donation of any kind, and that your participation and responses will be kept confidential.

A. If you are taking this survey on a mobile device and are currently driving or otherwise occupied, please confirm that it is safe for you to take this survey without endangering yourself or others.

Yes, can safely take survey 100%
I’ll come back later (DIVERT TO LANDING PAGE)
(RESUME ASKING ALL RESPONDENTS)

1. (T) First, would you say things in Hayward are headed in the right direction, or do you feel they are off on the wrong track?
Right direction 40%
Wrong track 30%
(DON’T READ ON PHONE) Don’t know 30%
Attachment V
220-7137-WT PAGE 2

The next questions are about a measure that may appear on a future ballot in Hayward.

2. The measure may read as follows:

“To continue providing essential City of Hayward services, including firefighting, emergency-medical response, police protection, pothole repair, street improvements, general City maintenance, and modernization of aging City facilities, including for police, public works, and South Hayward community and library services; shall a City of Hayward measure to continue (without increasing) an existing half -cent sales tax for (SPLIT SAMPLE A ONLY: 30 years) (SPLIT SAMPLE B ONLY: 20 years), providing $20,000,000 annually that cannot be taken by the State, requiring annual audits and public disclosure, be adopted?”

Based on this description, do you think you would vote yes or no on this measure?

(ONLINE: SHOW ANSWER OPTIONS FOR “YES,” “NO” AND “UNDECIDED”)

(IF YES/NO, ASK: Is that definitely or just probably YES/NO?) (IF UNDECIDED, ASK: Do you lean toward voting yes or no?)

SPLIT A SPLIT B Total
TOTAL YES 66% 72% 69%
Definitely yes 36% 39% 38%
Probably yes 25% 29% 27%
Undecided, lean yes 5% 4% 5%

TOTAL NO 23% 21% 22%
Undecided, lean no 2% 3% 3%
Probably no 7% 4% 5%
Definitely no 14% 13% 14%

(DON’T READ ON PHONE) Undecided 11% 7% 9%

The next questions are about life in Hayward.

3. (T) First, in general, would you say that the City of Hayward has a great need for funding, some need, a little need, or no real need for additional funding to (SPLIT SAMPLE A ONLY: maintain) (SPLIT SAMPLE B ONLY: improve) essential City services and facilities?

Maintain Improve Total
GREAT/SOME NEED 71% 74% 73%
Great need 36% 38% 37%
Some need 36% 36% 36%

A LITTLE/NO REAL NEED 17% 16% 17%
A little need 8% 7% 8%
No real need 9% 9% 9%

(DON’T READ ON PHONE) Don’t know 11% 10% 11%
220-7137-WT PAGE 3

For the next several questions, we will return to the Hayward measure to continue an existing half -cent sales tax to maintain, restore and construct essential City services and facilities.

4. First, please consider some potential elements of this measure, including ways in which funds it generates could be spent. For each one, please indicate how important each one is to you personally, regardless of how you feel about the measure: extremely important, very important, somewhat important, or not too important. (RANDOMIZE)

(ONLINE: SHOW ALL ANSWER OPTIONS)

SS Extremely
Important
Very
Important
Somewhat
Important
Not Too
Important
Don’t
Know
Ext/
Very
a. (T) Improving 911 emergency
response times 50% 29% 15% 3% 3% 79%
b. (T) Providing fire protection 49% 32% 14% 2% 2% 82% c. (T) Providing police patrols 46% 28% 17% 7% 2% 75% d. (T) Preparing for natural disasters
and emergencies 36% 35% 21% 6% 2% 72%
e. (T) Protecting Hayward’s fiscal
stability 32% 35% 21% 5% 6% 67%
f.
(T) Providing more space at libraries
to ensure children are not turned
away from reading programs
25% 34% 25% 13% 4% 58%
g.
(T) Providing services for low-income
families such as healthcare,
education, counseling and childcare
31% 30% 23% 14% 1% 61%
h. (T) Removing blight, litter and graffiti 33% 33% 23% 10% 1% 66% i.

Providing matching funding to help
keep our safety-net hospital, St. Rose
Hospital, open to serve Hayward’s
most vulnerable residents
33% 32% 22% 8% 4% 65%
j. (T) Fixing streets and repairing
potholes A 48% 39% 11% 1% 1% 87%
k. (T) Providing after-school and
summer programs for youth A 32% 31% 26% 8% 3% 63%
l.
(T) Building a new fire station in the
Hayward hills to protect against
wildfire
A 23% 24% 34% 13% 7% 47%
m.
(T) Providing services to community
members who are experiencing
homelessness
A 33% 24% 24% 17% 2% 57%
n.
(T*) Expanding pilot programs
providing clinical mental and
behavioral health response to people
in crisis
B 38% 29% 22% 10% 1% 68%
o. (T) Improving street safety for
drivers, pedestrians and cyclists B 47% 31% 14% 7% 0% 79% p. (T) Providing senior services B 34% 35% 22% 6% 2% 69% q. (T) Fixing deteriorating sidewalks B 33% 32% 27% 8% 0% 65% 220-7137-WT PAGE 4

Now you will be presented with statements from potential supporters and opponents of the measure.

5. First, please consider the following statements from people who may support this potential measure. For each one, please indicate whether you find it very convincing, somewhat convincing, or not convincing as a reason to support the measure. If you do not believe the statement, you can indicate that instead. (RANDOMIZE)

(ONLINE: SHOW ONE STATEMENT AT A TIME; SHOW ALL ANSWER OPTIONS)

SS Very
Convincing
Somewhat
Convincing
Not
Convincing
Do Not
Believe
Don’t
Know
Very/
Smwt
a.
(T - FUTURE COSTS)
Delaying maintenance and
repairs to Hayward’s roads
and City facilities only
increases costs in the long
run. This measure will
help make repairs and
upgrades while
construction costs are still
relatively affordable.
36% 38% 18% 6% 2% 74%
b.
(T - BUILDINGS) Hayward’s
police building is nearly 50
years old, with a leaky
roof and outdated
plumbing and electrical
wiring. The Weekes library
branch in South Hayward
was built in 1961 – well
before we had the
modern technology the
library provides access to.

This measure will provide
funding for City facilities
that are clean, modern,
and up to current
standards of accessibility,
technology and
earthquake safety.

A 26% 45% 16% 8% 4% 71%
c.
(T - LIBRARY) Hayward
libraries often have 200
people show up for story
time. By providing more
space, especially at the
Weekes Branch in South
Hayward, we can ensure
no local child is turned
away from programs that
help them learn and grow.

B 27% 36% 25% 6% 6% 63%
220-7137-WT PAGE 5

SS Very
Convincing
Somewhat
Convincing
Not
Convincing
Do Not
Believe
Don’t
Know
Very/
Smwt
d.
(T - SUCCESS/CONTINUE)
Voters approved Measure
C 10 years ago, and since
then, the City has
delivered on its promises.

The City has used this
funding to build the new
main library, retrofit fire
stations to be earthquake-
safe, and added police,
dispatcher and
maintenance worker
positions to keep up with
our needs. This measure
simply continues that
record of success without
raising taxes.
40% 37% 12% 7% 4% 77%
e.
(T - STREETS) This
measure will improve the
safety of Hayward’s
streets, sidewalks, and
bike lanes, helping to
improve traffic locally. By
repairing roads and
preventing potholes, it will
reduce damage to vehicles
and help to prevent
accidents that threaten
the safety of drivers,
pedestrians, and bicyclists.
38% 39% 15% 6% 2% 77%
f.
(RESPONSE) This funding
will help expand city
programs providing
clinical mental health
response to people in
crisis. By connecting
people who need help
mental health and
addiction challenges to
services, we can help keep
our whole community
safe.

A 27% 36% 23% 11% 3% 63%
220-7137-WT PAGE 6

SS Very
Convincing
Somewhat
Convincing
Not
Convincing
Do Not
Believe
Don’t
Know
Very/
Smwt
g.
(HOSPITAL) This measure
would provide critical
matching funding that will
help ensure that St. Rose
Hospital can stay open,
providing medical care to
our most vulnerable
residents.

B 34% 38% 20% 5% 3% 72%

6. Taking into account the statements from supporters, please consider the ballot measure again. To refresh your memory, it would provide essential City services by continuing without increasing an existing half -cent sales tax with audits and public disclosure.

Do you think you would vote yes or no on this measure?

(ONLINE: SHOW ANSWER OPTIONS FOR “YES,” “NO” AND “UNDECIDED”)

(IF YES/NO, ASK: Is that definitely or just probably YES/NO?) (IF UNDECIDED, ASK: Do you lean toward voting yes or no?)

TOTAL YES 69%
Definitely yes 43%
Probably yes 24%
Undecided, lean yes 3%

TOTAL NO 20%
Undecided, lean no 3%
Probably no 6%
Definitely no 11%

(DON’T READ ON PHONE) Undecided 11%

220-7137-WT PAGE 7

7. Next, please consider the following statements from people who may oppose this potential measure. For each one, please indicate whether you find it very convincing, somewhat convincing, or not convincing as a reason to oppose this measure. If you do not believe the statement, you can indicate that instead. (RANDOMIZE)

(ONLINE: SHOW ONE STATEMENT AT A TIME; SHOW ALL ANSWER OPTIONS)

SS Very
Convincing
Somewhat
Convincing
Not
Convincing
Do Not
Believe
Don’t
Know
Very/
Smwt
a.
(COST OF LIVING/TAXES) Hayward
has one of the highest sales-tax rates
in Alameda County – but we have
the chance to lower our taxes for
once. Voting “no” on this measure
would actually reduce our taxes at a
time when the cost of living is
increasing.
32% 30% 26% 10% 3% 61%
b.
(OTHER PRIORITIES) The City says
this is about essential services, but
they plan to spend most of the
money on new buildings for city
workers. We desperately need
affordable housing, and a response
to the homelessness and crime that
are harming residents and small
businesses. We should put our
resources toward solving those
problems before taking on costly
new construction projects.
38% 31% 18% 8% 5% 69%
c.
(SALARIES) Hayward City Council just
voted to raise their salaries by 65%.

We should oppose any measure that
gives them more money to spend on
themselves.
44% 22% 20% 9% 5% 66%

220-7137-WT PAGE 8

8. Taking into account the statements from opponents, please consider the measure one last time. To refresh your memory, it would provide essential City services by continuing without increasing an existing half -cent sales tax with audits and public disclosure.

Do you think you would vote yes or no on this measure?

(ONLINE: SHOW ANSWER OPTIONS FOR “YES,” “NO” AND “UNDECIDED”)

(IF YES/NO, ASK: Is that definitely or just probably YES/NO?) (IF UNDECIDED, ASK: Do you lean toward voting yes or no?)

TOTAL YES 61%
Definitely yes 35%
Probably yes 21%
Undecided, lean yes 6%

TOTAL NO 27%
Undecided, lean no 4%
Probably no 8%
Definitely no 15%

(DON’T READ ON PHONE) Undecided 12%

You are almost done with the survey and the final questions are for classification purposes only.

9. First, what was the last level of school you completed?

(PHONE: READ ANSWER OPTIONS IN ORDER)

Less than high school 1%
High school graduate 10%
Vocational or technical school 3%
Some college, but no degree 23%
Associate degree 11%
Four-year college degree 34%
Graduate school 16%
(DON’T READ ON PHONE) Prefer not to say 2%

10. How do you describe yourself politically: (READ LIST ON PHONE)

Very liberal 16%
Somewhat liberal 27%
Moderate 34%
Somewhat conservative 11%
Very conservative 7%
Prefer not to say 5%

220-7137-WT PAGE 9

11. Do you regularly speak a language other than English at home?

Yes 39%
No 59%
Prefer not to say 2%

12. With which racial or ethnic group do you identify yourself?

(PHONE: READ ANSWER OPTIONS IN ORDER)

Latino or Hispanic 30%
White 28%
Black or African American 9%
Asian American or Pacific Islander 24%
Afghan 0%
Middle Eastern 1%
American Indian or Alaska Native 0%
Multiracial 6%
Some other ethnic or racial background (SPECIFY__________) 0% (DON’T READ ON PHONE) Prefer not to say 2%

13. What is your gender?

Male 48%
Female 51%
Non-binary 1%
Prefer not to say 0%

(THANK AND TERMINATE INTERVIEW)

220-7137-WT PAGE 10

SAMPLE VARIABLES

AGE
18-24 10%
25-29 8%
30-34 8%
35-39 11%
40-44 8%
45-49 8%
50-54 6%
55-59 9%
60-64 8%
65-74 16%
75+ 8%

PARTY REGISTRATION
Democrat 60%
Republican 13%
No Party Preference 21%
Other 6%

DATA COLLECTION MODE/CONTACT METHOD
Telephone 47%
Online/Email 43%
Online/Text 10%

A/B SPLIT SAMPLES
A 50%
B 50%

LANGUAGE OF INTERVIEW
English 97%
Spanish 3%

PAST ELECTION PARTICIPATION
P18 32%
G18 52%
P20 43%
G20 76%
P22 33%
G22 44%
BLANK 19%

Hayward City CouncilMay 21, 2024

Hayward City Council
May 21, 2024