Hayward City Council
June 25, 2024

Section 3. The City Council hereby adopts the following Affordable Housing In -Lieu Fees:

1. Residential Development Projects - Ten Units or More a. High - Density Condominiums
35 units per acre or more)
b. All Other Dwelling Unit Types
Notes:

15. 00/ Square Foot of Habitable Space*

18. 18/ Square Foot of Habitable Space*
Affordable housing in -lieu fees shall be paid either prior to issuance of a building permit or prior to approval of a final inspection or issuance of an occupancy permit. Fees paid at occupancy shall be increased by 10 percent to $ 16.50/ sq. ft. of habitable space for high density condominiums and to 20/ sq. ft. of habitable space for all other dwelling unit types.

Habitable Space" means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes and exclusive of vent shafts, eaves, overhangs, atriums, covered entries and courts and any portion of a structure above ground used for parking, parking aisles, loading areas, or accessory uses.

2. Residential Development Projects - Two to Nine Units Projects of two to nine units shall pay the following percentage of the fee calculated pursuant to Section 1 above:

Number of Units in Project
2 3
4 5
6 7
8 9
Percentage of Calculated Fee
50%
67%
75%
80%
83%
86%
88%
89%

3. Fractional Units. If an applicant provides on- site Affordable Units under Chapter 10, Article 17 of the Hayward Municipal Code and elects to pay Affordable Housing In -Lieu Fees for a fractional unit, the fractional in -lieu fee payment shall be calculated as follows:

Fractional Unit/ Total Affordable Unit Requirement x Per Square Foot Fee x Total Habitable Square Footage in the Project
Example: 42 -unit townhouse project totaling 85,000 habitable sq. ft. has on-site requirement of 10%, or 4.2 units. Developer elects to provide 4 affordable units and pay an in -lieu fee for the fractional unit. The payment is calculated as follows:

0.2/ 4.2 x $18.18 x 85,000 sq. ft. = $ 73, 586

4. Applications for Residential Development Projects of Two or More Units Deemed Complete as of December 20, 2017
a. Projects receiving all discretionary approvals by February 1, 2018:

Affordable Housing Impact Fees in effect on December 20, 2017. b. Projects not receiving all discretionary approvals by February 1, 2018, provided that all discretionary approvals and building permit( s) are obtained within two ( 2) years of December 20, 2017: 50% of the Affordable Housing In - Lieu Fee calculated under either Section 1 or Section 2 above, as applicable depending on the size of the project.

Section 4. The City Council may review and amend the Affordable Housing In -Lieu Fee from time to time. Beginning January 1, 2019, for any annual period during which the City Council does not review the affordable housing impact fee, fee amounts shall be adjusted once by the City Manager or designee based on the percentage change in the Engineering New Record( ENR) Construction Cost Index applicable to the San Francisco Area.

Section S. An Affordable Housing In -Lieu Fee as shown in Section 3 shall be paid by all developments subject to the fee.

Section 6. This Resolution shall go into full force and effect on Februarry 1, 2018.

Section 7. Any judicial action or proceeding to attack, review, set aside, void or annul this Resolution shall be brought within the 90 -day time period as established by Code of Civil Procedure Section 1094. 6.

IN COUNCIL, HAYWARD, CALIFORNIA November 7 2017
ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: Zermeno, MArquez, Mendall, Peixoto, Lamnin, Salinas MAYOR: Halliday
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ATTEST: C
PROVED AS 0 FOR
City Attorney of the City of Hayward
City Clerk of the City of Hayward

DATE: May 7, 2024
TO: Nicole Gonzales, Finance Director
FROM: Sara Buizer, Director of Development Services
SUBJECT: FY25 Master Fee Schedule Update
The following items are requested updates to the Master Fee Schedule as they relate to the Planning Division.

Planning
a. Item #39 Park Impact Fees
• All Park Impact fees are increased 0.2% based on the ENR attached in accordance with Section 3 of Resolution 19-245 also attached for reference.

Adopted FY24 Proposed FY25
ENR CCI Annual Increase +0.2%
Residential
ADU that is 750+ s.f. $3,815 $3,823
Studio/0 Bedroom Unit $3,815 $3,823
1 Bedroom Unit $5,973 $5,985
2 Bedroom Unit $10,774 $10,796
3 Bedroom Unit $18,817 $18,855
4+ Bedroom Unit $26,175 $26,227
Industrial
Gross Floor Area (per s.f.) $0.96 $0.96
cc: Sara Buizer, Director of Development Services
Christina Morales, Deputy Director of Development Services Jeremy Lochirco, Planning Manager
Doris Tang, Management Analyst II
Tera Maroney, Management Analyst

ATTACHMENT VI
Engineering News-Record
City Cost Index - San Francisco - As of February 2024
The building and construction cost indexes for ENR's individual cities use the same components Pnmolaoal and weighting as those for the 20-city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers.

To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need. Keep in mind that the city cost index figures are always published in the second weekly issue of the month.
htm://www.enr.com/economics/current costs
Go back to view all Ci!Y. Indexes.

ENR COST INDEXES IN SAN FRANCISCO (1978-2024)
YEAR MONTH BCI %CHG CCI %CH G
2024 February 10843.54 +7.1 15527.50 +0.7
2024 January 10777.24 +5.6 15525.00 +0.2
2023 December 10767.24 +11.2 15515.00 +3.6
2023 November 10778.49 +9.8 15526.28 +2.7
2023 October 10725.60 +8.9 15473.38 +2.2
2023 September 10741.92 +9.7 15489.70 +2.7
2023 August 10657.16 +9.2 15404.94 +2.4
2023 July 10621.95 +2.7 15369.76 -1.7
2023 June 10619.45 +5.5 15367.26 +0.1
YEAR MONTH BCI %CHG CCI %CHG
2023 May 10847.53 +8.1 15595.35 +1.8
2023 April 10026.39 +2.2 15319.85 +1.4
2023 March 10068.82 +2.4 15362.28 +1.6
2023 February 10125.94 +11.2 15419.90 +7.1
--
2023 January 10205.32 +13.3 15498.78 +8.4
2022 December 9684.48 +8.4 14977.94 +5.3
2022 November 9819.99 +7.6 15113.51 +4.8
2022 October 9847.88 +7.5 15141.40 +4.8
2022 September 9789.74 +18.1 15083.26 +11.0
2022 August 9757.65 +14.5 15051.17 +8.9
2022 July 10346.61 +22.2 15640.10 +13.6
2022 June 10062.91 +23.2 15356.33 +14.1
2022 May 10033.57 +23.4 15326.99 +14.2
2022 April 9810.39 +24.8 15103.81 +14.8
2022 March 9833.42 +25.4 15126.84 +15.1
2022 February 9102.28 +16.5 14396.70 +9.8
2022 January 9007.82 +15.4 14301.24 +9.2
2021 December 8934.82 +13.5 14228.24 +8.0
--
2021 November 9127.62 +15.9 14421.03 +9.5
2021 October 9158.49 +16.3% 14451.91 +9.8%
2021 September 8290.40 +7.5 13583.81 +4.4
2021 August 8524.32 +11.8 13817.73 +6.9
2021 July 8468.17 +11.2 13762.01 +6.6
2021 June 8165.26 +5.6 13459.10 +3.4
YEAR MONTH BCI %CHG CCI %CHG
2021 May 8131.51 +8.1 13425.35 +4.7
2021 April 7863.57 +4.5 13157.41 +2.7
2021 March 7843.32 +4.3 13137.16 +2.5
2021 Feb 7816.32 +4.0 13110.16 +2.4
2021 Jan 7804.07 +3.9 13097.91 +2.3
2020 Dec 7874.92 +5.3 13168.76 +3.2
2020 Nov 7877.92 6.0% 13171.76 3.5%
2020 Oct 7874.17 +7.3 13168.01 +5.1
2020 Sept 7711.82 +6.0 13005.66 +5.2
2020 Aug 7626.76 +4.8 12920.60 +4.5
2020 July 7614.09 +4.9 12907.92 +4.5
2020 June 7728.87 +6.4 13022.70 +5.4
2020 May 7525.33 +3.9 12819.17 +3.9
2020 April 7522.83 +5.7 12816.67 +4.9
2020 March 7516.83 +8.1 12810.67 +6.3
2020 Feb 7513.83 +6.8 12807.67 +5.6
2020 Jan 7512.33 +7.0 12806.17 +5.7
2019 Dec 7479.68 +6.5 12764.52 +5.4
2019 Nov 7429.65 +5.9 12723.43 +5.1
2019 Oct 7341.15 +4.7 12524.93 +3.4
2019 Sept 7271.94 +3.7 12365.71 +2.2
2019 Aug 7274.44 +4.2 12368.21 +2.4
2019 July 7260.69 +4.2 12354.46 +2.5
YEAR MONTH BCI %CHG CCI %CH G
2019 June 7260.69 +4.9 12354.46 +2.8
2019 May 7239.64 +4.6 12333.48 +2.7
2019 April 7228.39 +4.4 12322.23 +2.6
2019 Mar 6954.89 +0.5 12048.19 +0.3
2019 Feb 7038.07 +1.7 12131.37 +1.0
2019 Jan 7021.57 +1.4 12114.87 +0.8
2018 Dec 7022.07 +1.5 12115.37 +0.8
2018 Nov 7016.57 +1.4 12109.87 +0.8
2018 Oct 7014.08 +1.3 12107.38 +0.8
2018 Sept 7010.58 +0.9 12103.88 +0.6
2018 Aug 6981.42 +0.5 12074.72 +0.3
2018 July 6966.67 +2.5 12050.97 +2.8
2018 June 6921.42 +1.9 12014.72 +2.5
2018 May 6921.42 +2.4 12014.72 +2.8
2018 Apr 6921.42 +2.3 12014.72 +2.7
2018 Mar 6921.42 +3.6 12014.72 +3.5
2018 Feb 6921.42 +3.6 12014.72 +3.5
2018 Jan 6921.42 +3.6 12014.72 +3.5
2017 Dec 6921.42 +3.6 12014.72 +3.5
2017 Nov 6921.42 +4.1 12014.72 +3.8
2017 Oct 6921.42 +4.1 12014.72 +3.8
2017 Sept 6945.92 +4.5 12037.27 +4.0
2017 Aug 6943.98 +4.8 12037.27 +4.2
2017 Jul 6796.47 2.6 11725.52 1.5
YEAR MONTH BCI %CHG CCI %CH G
2017 Jun 6793.10 +2.6 11722.15 +1.5
2017 May 6761.99 +2.1 11691.03 +1.2
2017 Apr 6767.41 +2.1 11696.47 +1.2
2017 Mar 6680.37 +0.8 11609.44 +0.5
2017 Feb 6680.37 +4.2 11609.44 +3.9
--
2017 Jan 6680.37 +4.6 11609.44 +4.1
2016 Dec 6680.37 +4.6 11609.44 +4.1
2016 Nov 6650.28 +4.2 11579.33 +3.8
2016 Oct 6649.28 +4.0 11578.33 +3.8
2016 Sep 6647.28 +3.9 11576.33 +3.7
2016 Aug 6625.60 +3.70 11554.65 +3.60
2016 Jul 6626.10 +3.70 11555.15 +3.60
2016 Jun 6619.35 +3.60 11548.40 +3.50
2016 May 6621.35 +3.40 11550.40 +3.40
2016 Apr 6630.10 +3.50 11559.15 +3.50
2016 Mar 6628.85 +3.50 11557.90 +3.50
2016 Feb 6408.87 -0.10 11174.79 0.00
--
2016 Jan 6387.49 -0.30 11153.41 -0.20
2015 Dec 6389.49 +2.30 11155.41 +2.20
2015 Nov 6390.46 +2.20 11154.06 +2.10
2015 Oct 6390.80 +2.40 11169.31 +2.40
2015 Sep 6395.22 +2.60 11158.82 +2.40
2015 Aug 6391.47 +2.60 11155.07 +2.40
YEAR MONTH BCI %CHG CCI %C HG
2015 Jul 6391.47 0.00 11155.07 0.00
2015 Jun 6391.47 -0.22 11155.07 -0.1 3
2015 May 6405.72 0.00 11169.32 0.00
2015 Apr 6398.97 +2.8 11162.57 +2.5
2015 Mar 6405.72 +2.9 11169.32 +2.6
2015 Feb 6414.1 3 11177.7 2.6
2015 Jan 6409.56 2.9 11173.16 2.5
2014 Dec 6248.05 3.1 10915.84 5
2014 Nov 6252.05 3.1 10919.84 5
2014 Oct 6240.05 3.1 10907.84 5
2014 Sep 6230.55 3 10898.34 4.9
2014 Aug 6229.80 3.0 10897.59 4.9
2014 Jul 6229.80 3.0 10897.59 4.9
2014 Jun 6231.80 3.1 10899.59 4.9
2014 May 6228.05 3.1 10895.84 4.9
2014 Apr 6227.05 3.3 10894.84 5.0
2014 Mar 6224.05 3.3 10891.84 5.1
2014 Feb 6226.80 3.3 10894.59 5.1
2014 Jan 6228.55 3.5 10896.34 5.2
2013 Dec 6231.05 3.6 10898.84 5.3
2013 Nov 6233.30 3.5 10901.09 5.2
2013 Oct 6241.30 3.6 10909.09 5.2
2013 Sep 6047.27 0.4 10389.59 0.2
2013 Aug 6046.02 0.4 10388.34 0.2
YEAR MONTH BCI %CHG CCI %CH G
2013 Jul 6048.77 0.2 10391.09 0.1
2013 Jun 6046.52 0.1 10388.84 0.0
2013 May 6040.77 -0.1 10383.09 0.0
2013 Apr 6031.02 0.0 10373.34 0.0
2013 Mar 6025.77 0.0 10368.09 0.0
2013 Feb 6026.77 1.3 10369.09 1.6
2013 Jan 6018.52 l 1.1 10360.84 1.5
2012 Dec 6012.77 1.1 10355.09 1.5
2012 Nov 6024.02 I 1.3 10366.34 1.6
2012 Oct 6025.02 1.4 10367.34 1.7
2012 Sep 6022.02 1.4 10364.34 1.7
2012 Aug 6024.21 1.5 10366.54 1.7
2012 Jul 6039.21 2.0 10381.54 2.0
2012 Jun 6043.21 2.2 10385.54 2.2
2012 May 6043.71 2.3 10386.04 2.2
2012 May 6043.71 2.3 10386.04 2.2
2012 Apr 6028.96 2.1 10371.29 2.1
2012 Mar 6027.21 2.2 10369.54 2.2
2012 Feb 5952.27 1.0 10207.79 0.6
2012 Feb 5952.27 1.0 10207.79 0.6
2012 Jan 5952.27 1.6 10207.79 0.9
2011 Dec 5949.27 1.4 10204.79 0.8
2011 Nov 5948.77 1.4 10204.29 0.8
YEAR MONTH BCI %CHG CCI %CH G
2011 Oct 5943.77 1.4 10199.29 0.8
2011 Sep 5937.27 6.4 10192.79 3.1
2011 Aug 5936.02 6.0 10191.54 2.8
2011 Jul 5923.27 5.8 10178.79 2.7
2011 Jun 5911.77 5.7 10167.29 2.7
2011 May 5906.02 5.9 10161.54 2.8
2011 Apr 5905.02 7.9 10160.54 4.4
2011 Mar 5895.52 7.8 10151.04 4.4
2011 Feb 5892.52 7.9 10148.04 4.4
2011 Jan 5860.77 7.3 10116.29 4.1
2010 Dec 5864.77 7.3 10120.29 4.1
2010 Nov 5868.02 7.5 10123.54 4.2
2010 Oct 5859.52 7.3 10115.04 4.1
2010 Sep 5579.61 2.1 9888.54 1.7
2010 Aug 5600.74 2.5 9909.67 1.9
2010 Jul 5600.24 2.5 9909.17 1.9
2010 Jun 5593.74 2.1 9902.67 1.7
2010 May 5576.99 1.6 9885.92 1.4
2010 Apr 5471.56 -0.5 9730.17 -0.3
2010 Mar 5469.56 -0.5 9728.17 -0.3
2010 Feb 5463.56 -0.6 9722.17 -0.3
2010 Jan 5461.81 -0.9 9720.42 -0.5
2009 Dec 5463.56 -1.1 9722.17 -0.6
2009 Nov 5460.81 -2.1 9719.42 -1.2
YEAR MONTH BCI %CHG CCI %C HG
2009 Oct 5460.56 -2.4 9719.17 -1.4
2009 Sep 5465.31 1.7 9723.92 4.1
2009 Aug 5466.06 2.7 9724.67 4.7
2009 Jul 5464.31 2.8 9722.92 4.7
2009 Jun 5477.06 4.4 9735.67 5.6
2009 May 5489.81 5.5 9748.42 6.3
2009 Apr 5497.31 6.1 9755.92 6.6
2009 Mar 5499.06 6.2 9757.67 6.6
2009 Feb 5496.56 6.5 9755.17 6.8
2009 Jan 5510.81 6.8 9769.42 7
2008 Dec 5523.06 7.1 9781.67 7.1
2008 Nov 5576.06 8.1 9834.67 7.7
2008 Oct 5594.81 9.8 9853.42 8.5
2008 Sep 5372.35 5.4 9344.67 2.9
2008 Aug 5320.6 6.7 9292.92 2.4
2008 Jul 5313.85 6.6 9286.17 2.4
2008 Jun 5244.1 5.3 9216.42 1.7
2008 May 5202.1 3.4 9174.42 0.6
2008 Apr 5182.85 3.3 9155.17 0.6
2008 Mar 5177.85 3.2 9150.17 0.5
2008 Feb 5161.24 2.9 9133.56 0.4
2008 Jan 5161.24 2.9 9133.56 0.4
2007 Dec 5159.49 2.7 9131.81 0.3
YEAR MONTH BCI %CHG CCI %CH G
2007 Nov 5156.99 2.3 9129.31 0.1
2007 Oct 5096.9 1.6 9079.42 -0.2
2007 Sep 5095.9 5.8 9078.42 7.2
2007 Aug 4988.64 3.8 9071.91 7.3
2007 Jul 4986 .64 3.8 9069.91 7.2
2007 Jun 4980 .14 4 9063.41 7.4
2007 May 5033.45 5 9116.72 8
2007 Apr 5019.45 4.7 9102.72 7.8
2007 Mar 5019.41 4.7 9102.68 7.8
2007 Feb 5016.91 4.5 9100.18 7.7
--
2007 Jan 5017.41 4.2 9100.68 7.5
2006 Dec 5025.39 4.5 9108.66 7.6
2006 Nov 5040.37 5.4 9123.64 8.2
2006 Oct 5015.62 5.5 9098.89 8.3
2006 Sep 4815 .14 1.8 8466.48 1
2006 Aug 4812 .89 5.7 8464.23 2.5
2006 Jul 4805 .89 5.3 8457.23 2.3
2006 Jun 4789 .39 4.7 8440.73 1.9
2006 May 4794.36 5.3 8445.69 2.2
2006 Apr 4796 .11 5.3 8447.44 2.3
2006 Mar 4793 .11 6 8444.44 2.6
2006 Feb 4799 .11 6.1 8450.44 2.7
2006 Jan 4817 .11 6.5 8468.45 2.9
2005 Dec 4811.11 6.4 8462.45 2.8
--
YEAR MONTH BCI %CHG CCI %CH G
2005 Nov 4783 .86 6.3 8435.2 2.8
2005 Oct 4752.26 5.9 8403.59 2.6
2005 Sep 4731.12 5.4 8382.45 2.3
2005 Aug 4552.32 4.7 8259.2 1.2
2005 Jul 4564.32 5.3 8271.2 1.5
2005 Jun 4575.43 5.6 8282.31 1.7
2005 May 4553 .53 6 8260.41 1.9
2005 Apr 4553 .51 6.7 8260.39 2.3
2005 Mar 4520 .24 7 8227.12 2.4
2005 Feb 4522 .24 8.2 8229.12 5.4
2005 Jan 4522 .74 10 8229.62 5.7
2004 Dec 4521.51 9.9 8228.39 5.6
2003 Dec 4113.11 0.5 17788.8 1.9
2002 Dec 4093.21 1.7 7644.46 3.3
2001 Dec 4025.65 -0.5 7399.07 -0.7
2000 Dec 4044 .2 3.7 7447.99 9.3
1999 Dec 3898.57 -0.7 6816.7 -0.4
1998 Dec 3927.46 3.1 6845.59 1.7
--
1997 Dec 3809.11 4.8 6731.08 1.5
1996 Dec 3634.25 2 6629.61 1.1
--
1995 Dec 3561.6 1.2 6558.16 0.4
1994 Dec 3519.17 2.7 6530.35 0.8
1993 Dec 3428.04 3.9 6477.95 2.9
YEAR MONTH BCI %CHG
1992 Dec 3298.09 3.2
1991 Dec 3270.9 0.8
1990 Dec 3245.04 4
1989 Dec 3119.95 1.4
1988 Dec 3076.27 I 1.1
--
1987 Dec 3044.27 2.8
1986 Dec 2961.47 5
--
1985 Dec 2819.5 2.3
1984 Dec 2756.35 -2.5
1983 Dec 2826.13 0.9
1982 Dec 2799 .96 9.4
1981 Dec 2558.49 6.8
1980 Dec 2395 .21 10.2
1979 Dec 2172 .96 12
1978 Dec 1940.78 9.7
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ATTACHMENT VII

Memorandum
Department of Public Works & Utilities T: 510.583.4700 TTD: 510.247.3340 777 B Street, Hayward, CA 94541 F: 510.583.3610 www.hayward-ca.gov

DATE: April 5, 2024

TO: Nicole Gonzales, Director of Finance

FROM: Alex Ameri, Director of Public Works

SUBJECT: Proposed Revisions to Master Fee Schedule FY 2025 – Minimum Charges for Water Meter Hydrant Usage

The Department of Public Works and Utilities requests the following changes to the section of the Master Fee Schedule pertaining to minimum charges for hydrant and meter monthly consumption.

Hayward Municipal Code Chapter 11, Article 2, Sec. 2.22 requires that all water furnished for construction or related work shall be measured through a water hydrant meter provided by the City and shall be paid for by the customer at the same rates as metered consumption. A deposit to cover the full cost of replacement of the meter and backflow assembly and the estimated cost of water consumption for two (2) months will be retained by the City at the time application is made to insure the safe return of all materials and supplies and the payment of water usage charges.

In instances where customers fail to report the water consumption read, a Failure to Report Fee and a minimum monthly charge is applied to the customer’s account. These minimum monthly charges have not been updated in over 15+ years, were not in accordance with the estimated potential consumption, and no longer accurately reflect cost. Staff is proposing a 25% increase to minimum charges for water meter hydrant usage.

Full cost recovery may require incremental increases over several fiscal years. As such, fees will be reviewed annually and adjusted as needed in such a way that limits impacts to water users. To improve cost recovery for these services, staff recommend including the following changes to the Master Fee Schedule starting FY 2025:

Fee Type Current Proposed
¾" meter 1,000 cu ft. 1,600 cu ft. (16 CCF)
3” meter 2,800 cu ft. 12,750 cu ft. (127.5 CCF)
4” meter 4,000 cu ft. 28,000 cu ft. (280 CCF)
6” meter 6,000 cu ft. 50,000 cu ft. (500 CCF)

Department of Public Works & Utilities T: 510.583.4700 TTD: 510.247.3340 777 B Street, Hayward, CA 94541 F: 510.583.3610 www.hayward-ca.gov

The proposed updates are based on the following standards and assumptions:

Meter size 3/4" 3" 4" 6”
Cu ft 1,600 12,750 28,000 50,000
CCF 16 127.5 280 500
Hydrant usage rate per CCF (FY24
rate) $8.29 $8.29 $8.29 $8.29
Total Consumption charge (per
month) $132.64 $1,056.98 $2,321.20 $4,145.00
Total Consumption charge (per
bimonthly) $265.25 $2,113.95 $4,642.40 $8,290.00

Also, staff is proposing these updated minimum charges be billed only to those customers who do not report water consumption data in the time period specified in municipal code, which states it is the responsibility of the customer to return all hydrant meters to the Water Distribution System Office within the first five (5) working days each month to be read. Customers who report water consumption per municipal code shall only be charged the amount consumed, in addition to the monthly meter service charge. Staff propose the following update in the Water Services Charges and Installation Fees section b. (3):

From: All hydrant and construction meter accounts accrue charges for minimum monthly consumption on the following amounts, whether or not this amount of water is actually used.

To: All hydrant and construction meter accounts accrue charges for monthly consumption on the following amounts. However, customers who report water consumption data and can provide proof they have consumed less than the proposed minimum charges in the table below shall only be billed for the amount consumed.

Memorandum
Department of Public Works & Utilities T: 510.583.4700 TTD: 510.247.3340 777 B Street, Hayward, CA 94541 F: 510.583.3610 www.hayward-ca.gov

DATE: April 30, 2024

TO: Nicole Gonzales, Director of Finance

FROM: Alex Ameri, Director of Public Works

SUBJECT: Proposed Revisions to Master Fee Schedule FY 2025 – Monthly Meter Service Charges for Water Hydrant Meters

The Department of Public Works and Utilities requests the following changes to the section of the Master Fee Schedule pertaining to monthly meter service charges for all hydrant and construction meters.

Hayward Municipal Code Chapter 11, Article 2, Sec. 2.22 requires that all water furnished for construction or related work shall be measured through a water hydrant meter provided by the City and shall be paid for by the customer at the same rates as metered consumption. This Section also requires that an additional service charge shall be applied to the bill for this service. The service charge is a charge for customer service, meter reading, billing, and meter maintenance.

Furthermore, these fees are not property related. These monthly service charges are for construction meters that are lent out to developers and other customers for temporary use only. These fees do not fall under Proposition 218.

Full cost recovery may require incremental increases over several fiscal years. As such, fees will be reviewed annually and adjusted as needed in such a way that limits impacts to water users. To improve cost recovery for these services, staff recommend including the following changes to the Master Fee Schedule starting FY 2025:

Fee Type Current Proposed
¾" meter $8.00 $16.00
3” meter $75.00 $120.00
4” meter $117.00 $210.00
6” meter $233.00 $650.00

Adopted March 21, 2023

ProposedAdopted Master Fee Schedule
Fiscal Year 20254
Director of Finance: Nicole Gonzales

2 Table of Contents
Introduction ................................................................................................................................................ 3 Proposition 26 Review and Compliance ......................................................................................... 3 All City Departments ................................................................................................................................ 4 City Clerk....................................................................................................................................................... 6 City Manager ............................................................................................................................................... 8 Development Services Department ................................................................................................... 9 Engineering and Transportation Services .................................................................................... 25 Finance ........................................................................................................................................................ 32 Fire Department ...................................................................................................................................... 34 Information Technology....................................................................................................................... 46 Library and Community Services ..................................................................................................... 47 Maintenance Services Department .................................................................................................. 49 Police Department .................................................................................................................................. 52 Utilities & Environmental Services .................................................................................................. 59 Glossary of Terms ................................................................................................................................... 71

3 Introduction

The Master Fee Schedule Resolution reports fees for services that are provided to our citizens. Fees that do not recover the full cost of providing the service result in a subsidy which shifts funds away from the critical, high priority needs of job creation, public safety initiatives, utility services, and neighborhood programs.

Before a fee increase was considered the Department responsible for the service demonstrated that the services are being provided as efficiently and effectively as possible. There are a minimal number of fees that were considered for an increase in this year’s amendment. For these fees, each respective department demonstrated that services are provided in a best practice manner, and that all reasonable opportunities for savings have been exhausted. As a result of this critical analysis, only fees for new programs or services have been added. Additionally, other fees have been lowered, deleted, or to clarify actual fees charged for services.

Proposition 26 Review and Compliance

In November 2010, California voters approved Proposition 26, which amended Article’s XIIIA and XIIIC of the state constitution regarding the adoption of fees and taxes. Proposition 26 seeks to assure that taxes, which must be approved by the voters, are not disguised as fees, which can be approved by legislative bodies, such as a city council. The proposed Master Fee Schedule (MFS) was reviewed for compliance with Proposition 26, and in the City Attorney’s opinion, the MFS is compliant.

4 All City Departments

A. ADMINISTRATIVE CITATIONS – Authorized by Hayward Municipal Code (HMC) Article 7 – Administrative Citations have fines set pursuant to Government Code (GC) Section 53069 and 36900. Unless otherwise specified by Ordinance, Fee Schedule or Code, the fine amount for any violation of any section of the Municipal Code shall be:

1. First Violation $100.00

2. Second Violation $200.00

3. Third and Subsequent Violations $500.00

B. ADMINISTRATIVE HEARING FEE $761.00

C. USB FLASH DRIVE $20.00 each

D. DISHONORED OR RETURNED PAYMENT FROM BANK OR CREDIT CARD

1. If paid within 30 days of notification $25.00 + check amount

2. If paid after 30 days of notification, subject to
forgiveness of all or a portion of the fee by the
Director of Finance.

As authorized by
California Civil Code
1719, but not less than
$25.00

E. GROSS HOUSEHOLD INCOME
The State of California annually publishes an Official State Income Limits guideline for each county.

This document is available through the California Department of Housing and Community Development website at https://www.hcd.ca.gov/ . Municipal programs offering income-based discounts will use the ‘Alameda County – Very Low Income’ figures to determine eligibility.

F. LATE AND DELINQUENT PAYMENTS
Unless specifically provided otherwise, the manner of payment, delinquency status, and assessment and collection of penalties for delinquent payment of the fees imposed or reflected by this master fee schedule shall be as follows:

DAILY FEE: Due on its effective date and delinquent at 5:00 PM on due date.

MONTHLY FEE: Due on the first day of each month for which licenses, permits, fees are sought and delinquent at 5:00 PM on
the tenth day of the month.

QUARTERLY FEE: Due on the first day of the yearly quarter period and delinquent at 5:00 PM on the tenth day of the first month in which the quarterly fee is due.

ANNUAL FEES: Due on the first day of the established annual period and delinquent at 5:00 PM on the tenth day of the first month in which the annual fee is due.

A late payment fee of $5.00 per month shall be applied to all accounts paid after the established due date.

The delinquent account(s) shall be assessed an interest charge of one percent (1%) per month of the unpaid delinquent balance and related interest charge. The interest charge shall be applied to all accounts delinquent for any calendar month or portion of such month and shall not be prorated.

5 If the delinquent payment is paid within 30 days of notification, the interest fee may be subject to forgiveness based on hardship. The Director of Finance shall review and document all interest fees not collected.

G. PHOTOCOPYING OF FILE MATERIALS

1. Black and White Copy – 8½ x 11 inches
or 8½ x 14 inches
$0.50 per page for first ten (10) pages of
each document
$0.10 each additional page of same
document

2. Black and White Copy – 11 x 17 inches $1.00 per page for first ten (10) pages of each document
$0.20 per page each additional page of
same document

3. Color Copy – 8½ x 11 inches or 8½ x 14
inches
$0.75 per page

4. Color Copy – 11 x 17 inches $1.50 per page

H. RESEARCH OR ANALYSIS OF RECORDS (involving more than 15 minutes)

1. $76.00 per hour (minimum charge $20.00)

I. SMOKING ORDINANCE

1. Smokers Violating the Ordinance $50.00 per violation

2. Fines for businesses that fail to enforce the smoking ordinance (1) First Offense $1,000.00
(2) Second Offense $1,500.00
(3) Third Offense $2,000.00

J. TOBACCO ORDINANCE

1. Offense Fees
(1) First Offense $1,500.00 penalty/30 day TRL suspension (2) Second Offense $3,000.00 penalty/30 day TRL suspension (3) Third Offense $5,000.00 penalty/30 day TRL suspension or revocation

2. Reinspection Fee $117.00 per visit

6 City Clerk

A. GENERAL SCHEDULE OF CHARGES

1. Certification of Documents $153.00 for first page
$7.00 each succeeding page

2. Certificate of Residency $15.00 per issuance

3. Photocopying of Public Records
a. Black and White Copy $0.50 per page for the first ten pages
8½ x 11 inches or 8½ x 14 inches $0.10 per page for each additional page of the same
document
b. Black and White Copy $1.00 per page for the first ten pages
11 x 17 inches $0.20 per page for each
additional page of same
document
c. Color Copy – 8½ x 11 inches or 8½ x 14 inches $0.75 per page d. Color Copy – 11 x 17 inches $1.50 per page
e. Photocopying of FPPC Forms/Statements of
Government Code 81008
$0.10 per page, plus $5
retrieval fee for reports &
statements 5 or more years old

4. Reproduction of Meetings on USB Flash Drive $20.00 per per USB flash drive a. City Council
b. Planning Commission

5. Fee to File “Notice of Intent to Circulate a Petition for Municipal Initiative” (refundable if a sufficient petition is filed within one year) Elections Code 9202 (b)
$200.00

6. Candidate Statement (Election Year)
a. Publication cost of the candidate’s statement in
Sample Ballot Pamphlet set by Alameda County
Registrar of Voters
Cost of printing, handling

7. Notary Service – Government Code 8211 $15.00 per signature

8. Passport Service $130.00 (age 16 and over)
a. Passport Book Fee set by and payable to US
Department of State
$100.00 (under 16)
(note: additional $60.00 for
expedited service)
b. Passport Card Fee set by and payable to US
Department of State
$30.00 (age 16 and over)
$15.00 (under 16)
c. Passport Execution Fee set by US Department of
State, payable to City of Hayward
$35.00
d. Express Mail from City of Hayward to US
Department of State set by USPS, payable to City of
Hayward
$34.4528.75

7 e. Express Mail from US Department of State to
Customer set by and payable to US Department of
State
$19.53

8 City Manager

A. ADMINISTRATIVE SERVICES

1. Economic Development Committee Agenda $4.00 per year

2. Economic Development Committee Minutes $4.00 per year

3. Economic Profile or Plan $5.00 each

4. Community Services Commission Agenda $15.00 per year

5. Community Services Commission Minutes $15.00 per year

6. Annual Bonds Issue Fees 1/8 of 1% of bond amount

7. Low Income Mortgage Credit 2% of first year’s credit payable as part of State Fee

B. ECONOMIC DEVELOPMENT

Hayward Film Permit

1. Film Permit applications $125.00 per day

2. Expedited Film Permit (3-5 days) $250.00 (excludes larger productions)

3. Film Permit (TV series, movies, feature films, pilots) $175.00 per day

4. Minor Encroachment Permit (filming) – excluding work to be performed by Public Works, i.e., no traffic control plan provided, just review
$834.00 flat fee

5. Major Encroachment Permit (filming) – includes work
from Public Works, i.e., traffic control plan
$1,507.00 flat fee

6. Police clearance (filming) $105.00 hourly

7. Fire Permit (filming) $100.00 flat fee (does not
include cost if presence is
required at event)

8. Filming on City Property/Facilities/Hangars (varies) Airport Property and Hangars – filming and
Photography requests will be authorized at the
discretion of the Airport Manager provided that the
requested activity will in no way interfere with the safe, orderly, and uninterrupted use of Airport facilities by Airport users or portrays the Airport in a negative
manner.
$1,500.00 daily fee (extra
labor, security engineering or
comparable cost are not
included)

9. Filming at City Hall $575.00 daily fee (does not
Include cost of guard,
janitorial and insurance)

9 Development Services Department

A. BUILDING PERMIT FEES

BUILDING PERMIT FEES CALCULATED BY VALUATION
This includes all new buildings, facilities, additions, tenant improvements and residential remodels. • Valuation is defined as the fair market value of materials and labor for the work. • Valuation shall be the higher of the stated valuation or the figure from the current International Code Council valuation table below.
• The current ICC Valuation data table below is adjusted with a regional construction cost modifier for the San Francisco Bay Area of 16%*. * Source: The local modifier is 1.16 times the cost per square foot as published in the Building Standards Journal, April 2002 edition. • The valuation for tenant improvements, residential remodels or other projects that do not involve new square footage, shall be a minimum of 60% of the cost per square foot in the valuation table below.

Construction Type and Minimum Cost Per Square Foot
International Building Code Group
Building Division staff will help determine the
valuation for occupancies or construction types
not listed in this table. The values below are
based on the August 2022 ICC Building
Valuation Data with the Building Standards
Journal 16% local cost modifier included.

IA IB IIA IIB IIIA IIIB VA VB
A-1 Assembly, theaters, with stage 396.56 383.19 374.18 359.99 338.67 328.20 314.05 304.05 A-1 Assembly, theaters, without stage 362.89 349.54 340.53 326.33 305.02 294.55 280.40 270.40 A-2 Assembly, nightclubs 319.10 309.64 300.83 290.63 272.55 264.78 247.92 239.08 A-2 Assembly, restaurants, bars,
banquet halls
317.94 308.48 298.51 289.47 270.23 263.62 245.42 238.55 A-3 Assembly, churches 368.22 354.87 345.84 331.66 310.87 300.39 286.24 276.24 A-3 Assembly, general, community
halls, libraries, museums
314.13 300.78 290.60 277.56 255.42 246.11 230.79 221.97 A-4 Assembly, arenas 361.73 348.38 338.21 325.17 302.70 293.39 278.08 269.24 B Business 308.13 296.84 285.88 273.82 249.41 239.62 220.11 210.17 E Educational 327.92 316.70 308.37 295.08 275.43 261.52 240.73 233.23 F-1 Factory and industrial, moderate
hazard
187.57 178.88 167.85 162.33 144.68 137.47 119.94 112.32 F-2 Factory and industrial, low hazard 186.41 177.72 167.85 161.17 144.68 136.31 119.94 111.16 H-1 high Hazard, explosives 174.99 166.30 156.41 149.73 133.60 125.23 108.88 N.P.

H-2 H-3 H-4 High Hazard 174.99 166.30 156.41 149.73 133.60 125.23 108.88 100.08 H-5 HPM 308.13 296.84 285.88 273.82 249.41 240.07 220.11 210.17 I-1 Institutional, supervised
environment
312.17 301.46 292.49 280.69 258.12 250.99 231.40 224.45 I-2 Institutional, hospitals 513.16 501.86 490.90 478.84 453.11 N.P. 423.82 N.P.

I-2 Institutional, nursing homes 356.96 345.66 334.71 322.63 300.01 N.P. 270.72 N.P.

I-3 Institutional restrained 349.72 338.42 327.46 315.39 293.07 282.14 263.78 251.51 I-4 Institutional, day care facilities 312.17 301.46 292.49 280.69 258.12 250.99 231.40 224.45 M Mercantile 238.06 228.59 218.63 209.58 191.20 184.59 166.39 159.53 R-1 Residential, hotels 315.46 304.76 295.78 283.97 261.03 253.90 234.31 227.36 R-2 Residential, multiple family 264.06 253.36 244.39 232.58 211.14 204.02 184.43 177.48 R-3 residential, one- and two-family d 245.92 239.26 233.09 227.35 220.72 212.73 204.76 192.65 R-4 Residential, care/assisted living
facilities
312.17 301.46 292.49 280.69 258.12 250.99 231.40 224.45 S-1 Storage, moderate hazard 173.83 165.14 154.09 148.57 131.28 124.07 106.56 98.92

10 S-2 Storage, low hazard 172.67 163.98 154.09 147.41 131.28 122.91 106.56 97.76 U Utility, miscellaneous 133.96 126.38 119.06 113.83 102.65 94.99 80.92 77.12

BUILDING PERMIT FEES CALCULATED BY VALUATION
This includes all new buildings, facilities, additions, tenant improvements and residential remodels
*All sub-permits (plumbing, mechanical and electrical) are included in the plan check and inspection fees for valuation based projects.

• Once the valuation for the project is established, use the table below to determine the Building Inspection Fee. Several other fees are based on the Building Inspection Fee and this is outlined on the next page.

TOTAL VALUATION
(Materials and Labor) BUILDING INSPECTION FEE
$1 to $500 $29.77
$501 to $2000 $29.77 for the first $500 plus $3.87 for each additional $100 or fraction thereof, to and including $2000
$2,001 to $25,000 $87.82 for the first $2000 plus $17.74 for each additional $1000 or fraction thereof, to and including $25,000
$25,001 to $50,000 $495.68 for the first $25,000 plus $12.80 for each additional $1000 or fraction thereof, to and including $50,000
$50,001 to $100,000 $815.70 for the first $50,000 plus $8.87 for each additional $1000 or fraction thereof, to and including $100,000
$100,001 to $500,000 $1259.15 for the first $100,000 plus $7.09 for each additional $1000 or fraction thereof, to and including $500,000
$500,001 to $1,000,000 $4097.18 for the first $500,000 plus $6.02 for each additional $1000 or fraction thereof, to and including $1,000,000
$1,000,001 and up $7109.14 for the first $1,000,000 plus $4.00 for each additional $1000 or fraction thereof

11 ADMINISTRATIVE FEES
Administrative fees apply to all
permits. This includes the individual
permits not calculated by valuation on
the following pages.

BUILDING INSPECTION FEE x .09= TECHNOLOGY FEE:
$
BUILDING INSPECTION FEE x .16 = POLICY PLANNING FEE:
$
PERMIT ISSUANCE FEE (Flat Rate Applies to All Permits)
$147

INSPECTION FEES

**Fire re-inspection fees are $387

*Hazardous Materials Inspection
Fees vary on complexity of project
(see Hazardous Materials comments
below in Plan Review Fee Section for
examples and contacts for estimates.)
BUILDING INSPECTION FEE Based from Fee Table $
**FIRE INSPECTION FEE Flat Rate $221
*HAZ-MAT INSPECTION FEE Minimum $330/inspection
PLANNING + LANDSCAPE INSPECTION FEE Flat Rate $212

BUILDING INSPECTION FEE x 1.0 = BUILDING PLAN CHECK FEE: $ Plan Check fees for master plans shall be 1.25 x the BUILDING INSPECTION FEE BUILDING INSPECTION FEE x .35 = PLANNING REVIEW FEE: $

BUILDING INSPECTION FEE x .35 = FIRE REVIEW FEE: $
*HAZ-MAT REVIEW FEE Minimum $165/hour
SOLID WASTE REVIEW FEE Flat Rate $80
BUILDING PLOT PLAN REVIEW FEE Flat Rate per Plot $294
This only applies to production homes.

PLANNING PLOT PLAN REVIEW FEE Flat Rate per Plot $491
This only applies to production homes.

FIRE PLOT PLAN REVIEW FEE Flat Rate per Plot $110
This only applies to production homes.

SMIP FEE RESIDENTIAL:
.00013% OF VALUATION

SMIP FEE COMMERCIAL:
.00028% OF VALUATION
CA BUILDING STANDARDS FEE:
$1.00 (Valuation $1-25k)
$2.00 (Valuation $25-50k)
$3.00 (Valuation $50-75k)
$4.00 (Valuation $75-100k) Add
$1 per every 25k over 100k
SMIP: $
CA BLDG. STANDARDS FEE $

BUILDING PERMIT FEES CALCULATED BY VALUATION*
This includes all new buildings, facilities, additions, tenant improvements and residential remodels. *All sub-permits (plumbing, mechanical and electrical) are included in the plan check and inspection fees for valuation based projects.

PLAN REVIEW FEES
The Building Plan Check Fee applies to
all permits. Other review fees will be
applied based on the specific scope of
work.
*Hazardous Materials Review and
Inspection fees generally range from
$1,319 for small projects, such as
cellular communication sites to
$3,969 for larger or more complex
projects, such as those that may have
H-Occupancies. Please contact the
Hayward Fire Department at (510)
583-4900 for an estimate for your
specific project.

BUILDING PERMIT FEE: $
The Building Permit Fee is defined as the sum of the plan check, inspection, and administrative fees. Some projects will also have impact fees which are calculated separately.

12 FLAT RATE PERMIT FEES
These items will also have administrative fees added to the permit. In some cases, hourly plan review fees will also be required.

Miscellaneous Permit Fees – Not Calculated by Valuation Unit Fee

1. Standard Hourly Rate (or fraction thereof) for plan check, inspections or other administrative services hourly $147 a. Overtime Rate for Plan Check or Inspection Services hourly $220.50

2. Revision (permit issuance fee and hourly plan check will also be charged) hourly $147

3. Permit Issuance Fee (applies to all permits) each $147

4. Miscellaneous Items (for items that do not have a set fee) each $147

5. Plot Plan Review
a. Planning Division Plot Plan Review each plot $441
b. Building Division Plot Plan Review and processing each plot $294

6. Address Assignment
a. New Address each $220.50
b. Accessory Dwelling Unit Address each $73.50
Inspection Fee

7. Demolition
a. Commercial/Residential demolition up to 3,000 square feet 0-3000 sf $294
b. Each additional 3,000 square feet each $147

8. Equipment Installation first piece $294
a. Additional Equipment at Same Site each $147
b. Equipment Pad each $220.50

9. Voluntary Residential Seismic Retrofit Using “Plan Set A” Only applies to single family homes with a crawlspace less than or equal to 4 feet high each
$147 flat rate –
no admin fees

10. Damaged Building Survey
Fire, flood, vehicle, or similar damage $588

11. Patio Covers
a. Patio Cover (requires drawings and hourly plan check) each $294 b. Enclosed Patio (requires drawings and hourly plan check) each $588

12. Photovoltaic Systems

13 a. Residential (for systems that are not flush mounted, hourly plan check fees apply)
each
system
$300 flat rate - no
admin fees
b. Commercial, up to 50 kilowatts (hourly plan check fees apply)
each
system $1,000
c. Commercial, each additional kilowatt 51kw-250kw
(hourly plan check fees apply) each kw $7
d. Commercial, each additional kilowatt over 250kw (hourly plan check fees apply) each kw $5

13. Residential Package Permits
a. Tub/Shower Enclosure (includes trades) $147
b. Remodel – Complete Bathroom (includes trades) $220.50 c. Remodel – Kitchen (includes trades) $441

14. Storage Racks
a. Up to 100 linear feet first 100 lf $441
b. Each additional 100 linear feet each 100 lf $147

FLAT RATE PERMIT FEES
These items will also have administrative fees added to the permit. In some cases, hourly plan review fees will also be required.

Plumbing Mechanical & Electrical Fees – Not Calculated by Valuation Unit Inspection
Fee

15. Plumbing Permits – Residential (single-family and duplexes) a. Water Heater each $73.50
b. Fixtures – covers 2 Inspections for any type or number of fixtures 2 site visits $147 c. Water Service Repair / Replacement each $73.50
d. Water Pipe (Repair or Replacement) each $147
e. Sewer on private property or Cleanout Installation each $147 f. Sewer Ejector System each $147
g. Solar Water Heating System - Hourly plan check fees may apply for systems that are not flush mounted or have other structural issues. each $147 h. Residential Gas Piping $147
i. Residential Gas Test or Meter Reset each $147

16. Plumbing Permits – Commercial + Multi-Family
a. Water Heater (Repair or Replacement) each $147
b. Water Service (Repair or Replacement) each $147
c. Sewer Ejector System each $147
d. Industrial / Commercial Process Piping System
Each 100 linear feet
or fraction thereof
$147
/100 feet
e. Gas Piping
Each 100 linear feet
or fraction thereof
$147
/100 feet
f. Gas Test / Meter Reset each $147
g. Sewer on private property or Cleanout Installation each $147 h. Grease Trap each $147
i. Grease Interceptor each $147

14 j. Vacuum Breaker, Backflow Preventer or Pressure Regulator each $147

17. Mechanical Permits – Residential (single-family and duplexes) a. Heating and/or Cooling Equipment (including ducts) each $147 b. Wall Furnace each $147
c. Kitchen Hood and Bathroom Vents each $73.50

18. Mechanical Permits – Commercial + Multi-Family
*For units over 400 pounds or for replacements that are not in the same location, hourly plan review fees apply.
a. *HVAC unit (includes all associated sub-permits) each $220.50 b. *Air Handler Unit each $147
c. Vent System each $147
d. Exhaust Hood Replacement (additional hourly plan check may apply) each $147

19. Electrical Permits – Residential (single-family and duplexes) a. General Electrical Permit - Residential (rough and final) each $220.50 b. Residential E.V. charger each $73.50
c. Service Upgrade -- Residential each $73.50
d. Meter Reset each $73.50
e. Temporary Power Installation each $147
f. Minor Residential Electrical Permit (final only- no rough) each $147

FLAT RATE PERMIT FEES
These items will also have administrative fees added to the permit. In some cases, hourly plan review fees will also be required.

20. Electrical Permits – Commercial + Multi-Family
Inspection
Fee
a. General Electrical Permit – Commercial + Multi-Family (rough and final)
each $441
b. Commercial E.V. charger (may require additional hourly plan review)
each $294
c. Commercial Service Upgrade each $147
d. Commercial Meter Reset each $73.50
e. Minor Commercial Electrical Permit (final only- no rough) each $220.50 f. Signs (illuminated exterior signage) each $147

Additional Services and Violations – Not Calculated by Valuation Unit

21. Special Review Services
a. Expedited Hourly Plan Review hour $220.50
b. Expedited Plan Review each 200% of
Plan
Review
c. Phased Approval Permits each $588
d. Temporary Certificate of Occupancy each $588

15 e. Alternate Materials and Methods Review each $588

22. Copies, Re-Print + Change of Contractor

a. Printing Scanned / Archived Drawings
each
$10 per
sheet
b. Job Card / Permit Re-Print each $73.50
c. Change of Contractor
each $147

23. Special Inspector Qualification Review

a. Initial Review for Approved Inspector List each $588 b. Renewal Review (after 3 years)
each $294

24. Violation Fees

a. Investigation Fee for work done without Permits (in addition to the regular permit fees)
Each
project
205% of the
Building Permit
Fee
b. Filing of Notice of Substandard or Hazardous Structure hourly $147 per hour
c. Removal of Notice of Substandard or Hazardous Structure hourly $147 per hour
d. Placards for Condemnation hourly $147
per hour
e. Notice and Order hourly $147
per hour
f. Stop Work Order / Red Tag hourly $147
per hour

B. PLANNING

1. Conceptual Development Review Meeting1 No charge
for 1st
meeting
Subsequent
meetings** billed
at $328 per hour
**Subsequent meetings related to same project/project site

2. SB330 Preliminary Application $ 1000 Time &
Material; Initial
Deposit2

3. Code Assistance Meeting1 No Charge

4. Review of Business License $ 82 Per License

5. Annexation Proceedings
Costs shall also include, but not be limited to, current annexation filing fees established by the Board of Equalization in manner provided by the State Government Code Section 54902.5.
$ 15,000 Time &
Material; Initial
Deposit2

6. LAFCO Utility Service Agreement
(Preparation and processing of documents in connection with utility service to property outside of the City limits)
$ 5,000 Time &
Material; Initial
Deposit2

16 7. Environmental/Technical Analysis (Contract) Consultant $ 5,000 Time & Material; Initial
Deposit2

8. General Plan Amendment1 $ 12,000 Time &
Material; Initial
Deposit2

9. Text Change to Zoning Ordinance1 $ 12,000 Time &
Material; Initial
Deposit2

10. Rezoning and Pre-zoning (including new or major modification to a Planned Development)1
$ 12,000 Time &
Material; Initial
Deposit2

11. Rezoning (Planned Development Precise Plan or Preliminary Plan Minor Modification)
$ 6,000 Time &
Material; Initial
Deposit2

12. Conditional Use Permit1 $ 6,000 Time &
Material; Initial
Deposit2

13. Administrative Use Permit1
a. Livestock $ 500 Per
Application
b. Food Vendors $ 700 Per
Application
c. Processed Administratively $ 2,000 Time &
Material; Initial
Deposit2
d. Involving Public Hearing $ 6,000 Time &
Material; Initial
Deposit2

14. Site Plan Review1
a. Processed Administratively $ 2,000 Time &
Material; Initial
Deposit2
b. Involving Public Hearing $ 6,000 Time &
Material; Initial
Deposit2

15. Variance/Warrants - Processed Administratively $ 2,000 Time & Material; Initial
Deposit2

16. Variance/Warrants & Exceptions – Involving Public Hearing $ 6,000 Time & Material; Initial
Deposit2

17. Modification of Approved Development Plan – Processed $ 2,000 Time & Material; Initial

17 Administratively - Deposit2

18. Modification of Approved Development Plan – Involving Public Hearing -
$ 6,000 Time &
Material; Initial
Deposit2

19. Extension of Approved Development Plan/Applications $ 1,000 Time & Material; Initial
Deposit2

20. Designation of Historical or Architectural Significance1 $ 6,000 Time & Material; Initial
Deposit2

21. Development Agreement
a. Review of application, negotiation of agreements, processing through Planning Commission and City Council
12,000 Time &
Material; Initial
Deposit2
b. Amendment Processing 6,000 Time &
Material; Initial
Deposit2
c. Annual Review 1,000 Time &
Material; Initial
Deposit2

22. Written Verification of Zoning Designation or Similar Request $ 500 Per Application

23. Research $ 164 per hour after
first 15 minutes

24. Zoning Conformance Permit
a. Tier One: Apiaries, Unattended Collection Boxes $ 210 Per Application
b. Tier Two: Household Pets (when required) $ 53 Per Application c. Tier Three: Accessory Dwelling Unit $ 328 Per Unit

25. Sign Permits
a. Sign Permit (one business) $ 327
b. Sign Permit (each additional business – same application) $ 327 c. Temporary Sign Permit (Banners, Flags, Streamers, Pennants, Buntin, Searchlights, Inflatable Signs, Human Signs) *Temporary sign deposits to be refunded upon removal of signage
$ 100 Fee plus 200
Deposit*
d. Portable/A-Frame Signs $ 50 Encroachment
Permit
e. Mural Art $ 50

Note: Revocable Encroachment Permit also applies to Human signs in the public right of way, see Engineering and Transportation section for applicable fee(s).

26. Sign Program $ 817

27. Appeal Fee for Applicant $ 6,000 Time &
Material; Initial

18 Deposit2

28. Appeal Fee Other Than Applicant $ 400

29. Tentative Tract or Tentative Parcel Map
a. Processed Administratively $ 4,000 Time &
Material; Initial
Deposit2
b. Involving Public Hearing $ 6,000 Time &
Material; Initial
Deposit2

30. Landscape Lighting Assessment District Benefit Zone Annexation & Formation
$ 15,000 Time &
Material; Initial
Deposit2; plus
Consultant Fees

31. Lot Line Adjustment $ 4,000 Time &
Material; Initial
Deposit2

32. Certificate of Merger or Certificate of Compliance $ 4,000 Time & Material; Initial
Deposit2

33. Security Gate Application $ 1,635

34. Street Event Permit $ 2,944

The Development Services Director or designee may reduce or waive this fee for certain events. (See Fee Reduction, Waiver, and Sponsorship for Special Events Policy)

35. Tree Preservation
a. Annual Pruning Certification $ 817
b. Tree Removal/pruning*
*A Minor Encroachment Permit may also be required – See Engineering Services Section
$ 490
c. Investigation and Violation Fee for work done without Permits (in addition to the regular permit fees)
$ 200% of Tree
Permit Fee

36. Mobile-home Park Closure/Change of Use $ 9,814

37. Inspections – Planning and Landscape
a. Code Enforcement Compliance Inspection Fee $ 125
b. Landscape Inspection and/or Re-inspection Fee $ 164 Per Hour

38. Policy Planning Fee 16% of Building Permit Fee

39. Park Impact Fee
Residential

a. ADU that is 750+ s.f. $ 3,82315
b. Studio/0-bedroom Unit $ 3,82315
c. 1 Bedroom Unit $ 5,98573

19 d. 2 Bedroom Unit $ 10,79674
e. 3 Bedroom Unit $ 18,85517
f. 4+ Bedroom Unit
(Industrial Development (Industrial us in IL, IP, or IG zoning district)
$ 26,227175
g. Gross Floor Area $ 0.96 per s.f.

Notes:

1. “Bedroom”, “dwelling unit”, “gross floor area”, as defined by HMC Sec. 10-1.3500.

2. Projects receiving all discretionary approvals by the effective date of this Resolution shall be subject to the parkland dedication and in- lieu fee requirements in effect immediately prior to the effective date of Resolution 19-245.
$

40. Affordable Housing In-Lieu Fees

1. Residential Development Projects Ten Units or More
a. High-Density Condominiums (35 units per acre or more)

Lower Density Ownership Housing (Less than 35 units per acre) $19.395/Square Foot
of Habitable Space*
$26.050/Square Foot
of Habitable Space*

b. All other Dwelling Unit Types $23.5146/Square Foot
of Habitable Space*
*Notes:

Affordable housing in -lieu fees shall be paid either prior to issuance of a building per mit or prior to approval of a final inspection or issuance of an occupancy permit. Fees paid at occupancy shall be increased by 10 percent (10%).

"Habitable Space" means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes and exclusive of vent shafts, eaves, overhangs, atriums, covered entries and courts and any portion of a structure above ground used for parking, parking aisles, loading areas, or accessory uses.

2. Residential Development Projects – Two to Nine Units Projects of two to nine units shall pay the following percentage of the fee calculated pursuant to Section 40.1 above:

Number of Units in the Project

Percentage of Calculated Fee
2 50%
3 67%
4 75%
5 80%
6 83%
7 86%
8 88%
9 89%

3. Fractional Units

20 If an applicant provides on-site Affordable Units under Chapter 10, Article 17 of the Hayward Municipal Code and elects to pay affordable housing in -lieu fees for a fractional unit, the fractional in -lieu fee payment shall be calculated as follows:

Fractional Unit / Total Affordable Unit Requirement x Per Square Foot Fee x Total Habitable Square Footage in the Project

4. Applications for Residential Development Projects of Two or More Units Deemed Complete as of December 20, 2017

a. Projects receiving all discretionary approvals by February 1, 2018: Affordable housing impact fees in effect on December 20, 2017.
b. Projects not receiving all discretionary approvals by February 1, 2018, provided that all discretionary approvals and building permit(s) are obtained within two (2) years of December 20, 2017: 50% of the affordable housing in-lieu fee calculated under either Section 3.1 or Section 3.2 of RES 17-167, as applicable depending on the size of the project.

41. Mills Act Program
a. Mills Act Program $2,000 Time & Material; Initial Deposit
b. b. Mills Act Annual Compliance Inspection $387

C. CODE ENFORCEMENT - COMMUNITY PRESERVATION PROGRAM

1. Request for Postponement of Inspection
a. First Request No charge
b. Second Request for No charge +$400 penalty
c. Third Request No charge +$800 penalty
d. “No Show” for Inspection Appointment $392 +$1,600 penalty

2. Violation of Community Preservation, Sign, Vehicle, Weed Abatement, Building, Public Nuisance, Zoning Ordinances, and HMC Code violations
a. First Violation
(1) Initial inspection No charge
(2) Reinspection shows violation eliminated No charge
(3) Reinspection shows violation still exists $626 +$400 penalty (4) Second inspection violation still exists $626 +$800 penalty (5) Third, Fourth, Fifth and Subsequent inspection shows violation still exists
$626 +$1,600 penalty
b. Subsequent violation(s)
(1) Initial inspection and notices $743 +$800 penalty
(2) Each subsequent inspection violation still exists $626 +$1,600 penalty c. Abatement costs (per parcel) $1,325 plus contractor costs d. Lien/Special Assessment (per parcel) $1,811 per parcel

3. Hearing Fee: Administrative, Special Assessment, Administrative Citation, and Lien Hearings)
$946 per hearing

4. Egregious Violation(s) Penalties
On-going health and safety violations, public nuisances and illegal uses, including but not limited to:

21 garage conversion, room additions, accessory structures, construction without permits, home occupation, use permits or site plan review, unpermitted uses related to environmental hazards.

a. Tier 1 for first verified violation(s) $1,500
b. Tier 2 for second verified violation(s) $3,000
c. Tier 3 for third and subsequent verified violation(s) $5,000

5. Tobacco Retailer License, Initial or Renewal Fee $400 annual fee a. First Offense $1,500 penalty/30-day TRL
suspension
b. Second Offense $3,000 penalty/30-day TRL
suspension
c. Third Offense $5,000 penalty/30-day TRL
suspension
Reinspection Fee $117 per visit

6. Cannabis Licensing Program, License Renewal, Inspection, Penalties Fees a. Preliminary Determination of Eligibility/Screening Application $2,500 b. Initial Commercial Cannabis Business Permit Application $15,000 *Covers cost of consultant review of business and operating plan, initial site inspections to verify compliance by applicable City staff, administrative costs, and program management, including HPD decoy operations.
c. Annual Cannabis Permit Renewal Fee, Per License Type *Covers cost of follow-up site inspections to verify compliance and related administrative costs.

Delivery $5,000
Distribution $5,000
Cultivation $8,000
Manufacturing $8,000
Retail Dispensaries (Storefront) $10,000
Microbusiness (includes all activities) $20,000
Testing Labs $3,000
d. Temporary Cannabis Permit Activity $2, 500 deposit/hourly e. Modification to Existing Commercial Cannabis Permit
*Does Not Include Revisions to Planning Entitlements
$2,000 deposit/hourly
f. Employee Work Permit Application Fee
1) Initial Application Fee
(Including, but not limited to, Fingerprints, Live Scan, and Badge)
$299
2) Renewal Fee w/o Live Scan $160
g. Inspection Fees
1) Initial Inspection $0
2) Reinspection (up to three hours) $500
3) Reinspection (greater than three hours) $200 /hour
h. Penalties for Non-Cultivation Related Violations
1) First Violation $5000
2) Second Violation $10,000
3) Third Violation $15,000
4) Selling Cannabis Product to a Minor $2,500 /incident i. Penalties for Cultivation Violations
1) First violation $1,000 per plant
2) Second violation within 2 years $2,500 per plant

22 3) Third violation within 2 years $5,000 per plant

7. Grading or Encroachment Permit

a. Code violation illegal project, penalty fee may be applied daily $125 b. Code Enforcement Investigation fees, for permit not obtained $2,000

8. Building Violation Fees
a. Investigation Fee for work done without Permits (in addition to the regular permit fees)
200% of Building Permit Fee
b. Filing of Notice of Substandard or Hazardous Structure $164 per hour c. Removal of Notice Substandard or Hazardous Structure $164 per hour d. Placards for Condemnation $164 per hour
e. Notice and Order $164 per hour

9. Vacant Property Monitoring
Annual Vacant Property Registration and Monitoring Fee $2,550 (minimum of one inspection per year)
Program Fees:

Initial Inspection, no violation found No charge
Initial Inspection, violation found $1,500
2nd Re-inspection, no violation found $500 re-inspection fee 2nd Re-inspection, violation found $3,000
3rd and subsequent re-inspection, no violations $500 re-inspection fee 3rd and subsequent re-inspection, violations found $5,000 Any required inspections after the initial inspection greater than three hours will be assessed an hourly code enforcement inspection fee $200 per hour
Request for Administrative Hearing fee $946
Special Assessment/Lien Fee $1,811

D. CODE ENFORCEMENT – RENTAL HOUSING & HOTEL INSPECTION PROGRAM

1. Annual Fee for rental housing, hotel or motel
a. Single-family, duplex, triplex, or fourplex $88
b. Five or more units $22 per unit

2. First request for postponement of initial inspection or progress check
No charge

3. Inspection, report, and enforcement actions pursuant to HMC, Ch. 9, Art. 5, rental unit parce a. Initial inspection, no violations found Included in annual fee b. Initial inspection, violations found $350
c. First Progress Check, violations corrected No charge d. First Progress Check, violations not corrected $350
e. Second Progress Check $350 + $400 penalty
f. Third Progress Check $350 + $800 penalty
g. Fourth and Subsequent Progress Check $350 + $1,600 penalty

4. Initial Inspection or Progress Check, No Access or Re-schedule a. First Site Visit $116 + $400 penalty
b. Second Site Visit $116 + $800 penalty
c. Third and Subsequent Site Visit $116 + $1,600 penalty

5. Rent Control Deregulation Inspection pursuant to Ordinance No. 83-023 as amended.

23 a. Initial inspection/survey and one re-inspection $700 b. Additional re-inspections $350 per inspection

6. Lien/Special Assessment $1,811 per parcel

7. Administrative Hearing Fee $946

E. HOUSING

1. RENT STABILIZATION ADMINISTRATION
a. Annual Fee per Rental Unit $32.00
b. Annual Fee per Covered Rental Unit $66.00
c. Annual Fee per Mobile-home Space $5.00

The fees set forth herein shall be payable immediately and shall be delinquent if not received by the Housing Division on or before 5 p.m., August 31, 2023.

2. TENANT RELOCATION ASSISTANCE ORDINANCE HEARINGS
a. Hearing Fee: Administrative, Special Assessment, Administrative Citation, and Lien Hearings
$946.00 per hearing

3. LOAN SERVICING

General
a. Title Report Actual Costs Per Report
b. Property Appraisal Report Actual Costs Per Report
c. Recording Fee Actual Costs or $50.00
minimum
Per Document
d. Document Preparation Fee $100.00 Per Document

Homeownership Loan Programs
a. Subordination Fees (does not apply to CDBG
and HOME)
$600.00 Per Transaction
b. Late Payment Fee The greater of 6%
Monthly Loan or $5.00
minimum
Payment after 15
days

Below Market Rate Program Fees
a. Subordination Fees $600.00 Per Transaction
b. Resale Fee 0.5% Purchase Price
c. Exercise City Option to Purchase 3% Maximum Restricted Resale Price

Affordable Rental Housing
a. Loan Modification Fee Actual Costs Time and Materials1 b. Subordination Fee Actual Costs Time and Materials1
c. Monitoring Fee $50.00 Per Unit
d. Resale Fee Actual Costs Time and Materials1
e. Legal Fee Actual Costs Per Transaction

24 1Costs may include but are not limited to: hourly rate for staff time, recording fees, title reports, appraisals, and public noticing costs. Hourly rate may vary by department, but the hourly rate for Housing staff is $122.00.

25 Engineering and Transportation Services

A. AIRPORT SERVICES

1. Monthly and Daily Fees for Aircraft Parking and Storage.

Aircraft Hangar Waiting List Application Refundable Deposit of $150.00 a. Hangar Space Monthly Charges
(1) Small T‐Hangars $294.00
(2) Standard T‐Hangars $455.00
(3) Large T‐Hangars $566.00
(4) Small Executive Hangar $982.00
(5) Standard Executive Hangars $1,359.00
(6) Large Executive Hangars $1,483.00
b. Hangar Storage Rooms
(1) Small $73.00
(2) Medium $101.00
(3) Large $196.00
(4) Extra Large $250.00
c. Office Spaces $650.00
d. Tie Downs (Aircraft Gross Weight/Wing Span)
(1) Single Engine 3,500 lb. and Single Engine Helicopters $60.00 (2) Twin Engine 12,500 lb. less than 50 ft and Twin Engine Helicopters $75.00 (3) 12,501 ‐ 25,000 lb. more than 50 ft $108.00
(4) 25,001 ‐ 75,000 lb. $161.00
(5) Excess of 75,000 lbs. $216.00
e. Transient Overnight Tie Downs (Aircraft Gross Weight/Wing Span) First Four (4) Hours Free

Daily Charge
(1) Single Engine 3,500 lb. less than 40 ft $6.00
(2) Twin Engine 12,500 lb. less than 50 ft and all Helicopters $8.00 (3) 12,501 ‐ 25,000 lb. more than 50 ft $12.00
(4) 25,001 ‐ 75,000 lb. $23.00
(5) Excess of 75,000 lbs. $29.00
(6) Lighter‐than air Airships $20.00
f. Effective July 1, 1997, a late charge of $15.00 or 5% of the monthly rent per month, whichever is greater, shall be assessed if rent is not paid within ten (10) days of its due date (does not apply to daily rent).

26 g. Effective July 1, 1997, if the service of a member firm of the California Association of Photocopies and Process Servers must be utilized, a $50 fee shall be charged to the individual or business necessitating said process service.
h. The City shall charge a fee equal to the sum of the following: Five cents for each gallon of petroleum products delivered during the previous calendar month from the Leased Premises, or an amount equal to 3 percent of the gross receipts (including fuel and gasoline taxes for which Lessee sold fuel products during the previous calendar month on or from the Airport, whichever amount is greater.
i. All month-to-month Airport leases shall include a security deposit equal to one month’s rent.

2. Permits
Annual
a. Airport Annual Business Permit $120.00
b. Taxiway Access Permit $786.00

3. Airport Land Values
Airport Land Value is on file in the Airport Administration Office and available for review.

4. Gate Access Cards
a. Initial Issue for Airport Tenants Free
b. Initial Issue for non-direct Airport Tenants $41.00
c. Replacement $41.00

5. Hangar Padlock Keys
a. Duplicate Key $12.00

6. Chocks and Chains Replacement $60.00

7. Landing Fee
Commercial aircraft operations (shall include landings of all non-based general aviation aircraft that conduct air taxi, charter, or cargo operations under FAR Part 121 or Part 135) based on maximum certificated gross landing weight:

Per Landing Daily Monthly
0 – 3,500 pounds $2 $5 $13
3,501 – 6,250 pounds $4 $10 $26
6,251 – 12,500 pounds $8 $20 $52
12,501 – 25,000 pounds $16 $40 $104
25,001 – 50,000 pounds $32 $80 $208
50,001 pounds and above $64 $160 $416

8. Hangar Exchange
Administration Fee for Exchange between Tenants (each Tenant) $85.00 Administration Fee for Exchange into Vacant Hangar $85.00

9. Tie-Down Exchange
Administration Fee to Exchange tie-down spaces $50.00

10. Vacated Hangar Cleanup

27 Cleanup and disposal of items, minimum charge of 2 hours (per person) $166.00 Additional hours, hourly rate $83.00

11. Ramp Sweeping Services, hourly rate $125.00

12. Maintenance Staff Service Charge per hour $83.00 plus materials

13. Airport Administration Building Meeting Room
Non-profit Aviation organization charging no fee to the public No charge For-profit Aviation organization charging a fee to the public $200.00/day

14. Airport Project Administration Fee $5,000.00

B. ENGINEERING SERVICES

1. Publication
a. Standard Detail $34.00
b. “No Parking” Signs $25.00
c. Copy and print full size prints (24x36) first 10 pages (fee is per page) $5.00 d. Copy and print full size prints (24x36) first 11+ pages (fee is per page) $2.00

2. Survey
a. Curb and gutter staking, up to 100 linear ft. $851.00 b. Curb and gutter skating; after 100 linear feet – each additional 50 linear feet $372.00
c. Grade calculation s and cut sheets per location $372.00 d. Form checking: up to 100 linear feet $761.00
e. Form checking: after 100 linear feet – each additional 50 linear feet $190.00

3. Sidewalk Rehabilitation Program
a. Single Family Residential lots $550.00
b. Multi-family with 1 or 2 damaged locations $550.00
c. Additional locations $550.00

4. Major Street Improvement Plan Review
$2,520.00
(Deposit – T&M)

5. Encroachment Permit Application – Minor Work
$327 plus Public Works
inspection fee
a. Concrete
(1) Curb, gutter, and/or sidewalk (including driveway) First 100 linear feet
$425.00

28 (2) Each additional 100 linear feet or fraction thereof $309.00 (3) Driveway, handicapped ramp, curb return $425.00
(4) Planter strip fill (each property) $154.00
b. Drainage
(1) Drainage system and appurtenance, first 100 linear feet $541.00 (2) Each additional 100 linear feet or fraction thereof $425.00 (3) Drainage tie-in to existing structures $425.00
(4) Non-standard structures (other than above $541.00
(5) Manholes, vaults, area drains, storm water inlets other standard structures
$541.00
(6) Storm Water Interceptors $541.00
c. Street Work & Miscellaneous
(1) Street trenches or bores up to 100 linear feet $425.00 (2) Each additional 100 linear feet or fraction thereof $309.00 (3) Street cuts, other, up to 100 square feet $425.00
(4) Each additional 100 sq. feet or fraction thereof $309.00 (5) Temporary placement of Debris Box or Storage Container within public right-of-way. (cost per month)
$270.00
(6) Sidewalk area obstruction fee, first week only $579.00 a. Sidewalk area obstruction fee, each additional week or fraction thereof
$115.00
(7) Compaction tests – each test as required per hour
(8) Temporary lane closure only (no construction), first week only $309.00 a. Temporary lane closure only (no construction), each
additional week or fraction thereof
$115.00
d. Monitoring well inspection and plan review
(1) First well
a. Inspection $425.00
b. Plan review $534.00
(2) Each additional well within the same general location a. Inspection $193.00
e. Utility Services – New or Repaired
(1) Each new or replaced utility pole location, guy wire, etc. $309.00

29 (2) Each utility service connection in sidewalk or street (gas electric, telephone, etc.)
$425.00
f. Sanitary Sewers
(1) Sanitary Sewer Laterals
a. From main in street or easement to building up to 100 linear feet
$541.00
b. Each additional 100 linear feet or fraction thereof $309.00 c. Add for monitoring structure if required $541.00
d. From existing stub at right-of-way to building up to 100 linear feet
$425.00
e. Each additional 100 linear feet or fraction thereof $309.00 f. Each building sewer repair or replacement
(i) In public right-of-way, complete $541.00
(ii) In private property (no street evacuation) $425.00 (2) Sanitary Sewer Building Court Mains
a. Each building court main when plan, profile, and cut sheet are required, initial
$541.00
b. Each additional 100 feet or fraction thereof $309.00 c. Each building court main when plan only is required for Initial 100 feet or less
$483.00
d. Each additional 100 feet or fraction thereof $309.00 g. Additional Inspections
For any public works encroachment permit on which an
unreasonable number of inspections are required, an
additional fee per inspection will be charged for each
inspection over and above the number deemed reasonable by the City Engineer.
$270.00
h. Permit Amendment Fee (extensions for expired permit, additional permits not originally obtained, etc.)
$147.00 (per
occurrence)
i. Traffic Control Pan Review $100.00 (per submittal)
(a) For additional sheets over 6 pages $20.00 (per sheet)

6. Encroachment Permit Application – Major Work (road closures, traffic control, more than 500 linear feet of work, etc.) $4,000.00
(Deposit – T&M)

7. Development Plan Review
a. Parcel Map Application $5,000.00
(Deposit – T&M)
b. Final Map Application $15,000.00
(Deposit – T&M)

30 c. Grading Permit Application $4,000.00
(Deposit – T&M)
d. Geological Investigation and Report Peer Review $4,000.00 (Deposit – T&M)
e. Construction Inspection 3% of Imp. Cost
(Deposit – T&M)

8. Penalties
Failure to comply with this notice will result in further enforcement action by the Code Enforcement Division including, but not limited to; additional permit, inspection and penalty fees, and/or other available legal remedies.
a. Public Works penalty for work in public right-of-way or grading without a permit
$2,000.00
b. Code violation illegal project, penalty fee may be applied daily $125.00 c. Code Enforcement Investigation fees for permit not yet obtained $2,000.00

9. Dig-Once Policy
a. Engineering Plan Review $2,500.00
(Deposit – T&M)
b. Moratorium Override Request Fee $5,000.00
(Deposit – T&M)

10. Section 7-4 Wireless Communication Facilities
a. Wireless Communication Facilities in the Public Right of Way (WCF PROW) (1) WCF PROW Permit Application Fee $2,000.00
(Deposit – T&M)
(2) Renewal Fee 100% of Application Fee
(3) Appeal Fee $400.00
(4) Application Pre-Submittal Review Fee No charge
b. Small Cell Master License Agreement (MLA)
(1) MLA Processing $4,000.00
(Deposit – T&M)
(2) Pole License Administrative Fee $2,500.00
(Deposit – T&M)
(3) Annual Lease Charge for Use of City Poles $270.00
(Effective July 1, 2023
$278.10
(3% Increase Effective
January 14, 2024)

11. Traffic Impact Fee
a. Residential
(1) Single-Family Resident/Unit $3,942475/unit
(2) Townhome/Unit $3,942475/unit

31 (3) Multi-Family/Unit $0/unit
b. Non-Residential
(1) Retail/KSF $0/KSF
(2) Office/KSF $0/KFS
(3) General Industrial/KSF $3,243/KSF
(4) Distribution or e-commerce/KSF $5,757/KSF
c. Appeal Fee $400
d. Annual Adjustment
The traffic impact fees listed above shall be automatically adjusted on the first of the fiscal year based on the preceding calendar year average California Cost Index (CCI) for the San Francisco Bay Area as produced by the Engineering News Record (ENR).

32 Finance

A. ASSESSMENT DISTRICT FEES

1. Establishment Fee (applicable to all districts petitioned or $3,084.00 requested after September 9, 1988)

2. Annual Administration Fee (applicable to all districts) $2,934.00

3. Bond Call Fee (applicable to all districts) $302.00

4. Annual Adjustment: The 3 fees listed above shall be adjusted Calculated annually. Each fee shall increase by the lesser of: (1) 5% or (2) Adjustment the percentage of increase, if any, in the San Francisco Bay Area consumer Price Index (CPI-U) or (3) the City’s actual incremental cost. When the 3 fees are adjusted, the adjusted fees shall become the new base. The CPI for the San Francisco Bay Area in effect at the time of each annual updating of the Master Fee Resolution shall be used in determining each set of annual adjustments.

5. Irrevocability of the Establishment Fee: Whether or not a proposed Same as Local improvement district becomes legally established, the amount paid establishment Fee applies as the City’s charge for initiating the in A (1) transaction.

6. Special Assessment Inquiries $26.00 each

7. Secondary Disclosure Reporting $256.00/
District
B. OPERATING PERMITS

1. Bingo Permit (Reference HMC 4-3)
a. Initial or renewal Fee $28.00

2. Card Club Permit (Reference HMC 4-3)
a. Application Fee $94.00
b. Annual Table Fee $8,693.00
per table

3. Closeout Sale Permit (Reference HMC 6-4)
a. Initial Fee $24.00
b. Renewal $24.00

4. Cabarets and Dance Licenses and Permits (Reference HMC 6-2) a. Annual License (payable quarterly in advance) $315.00 per year
b. Single Event Permit $105.00

5. Preferential Parking Permit (Reference Hayward Traffic Regulations Section 3.95 and Hayward Traffic Code 6.36)

33 a. Initial Fee and Biennial Renewal Fee (for first residential $50.00 or visitor permit)
b. Each additional residential permit $25.00
c. Each additional visitor permit $25.00
d. Permit Replacement fee $25.00

6. Peep Show Permit (Reference HMC 6-9)
a. Peep Show Device Time &
Material
b. Investigation Fee Time &
Material

7. Tobacco Retailer License (Reference HMC 10-1.2780)
a. Initial or renewal Fee $400.00

C. MISCELLANEOUS FEES

1. Monthly Listing of New Hayward Based Businesses $15.00 per month

2. Business Verification/Ownership Research $23.00 per business

3. Parking Tax Offset Fee $2.50

4. Online Credit/Debit Card Payment Transaction Fee $3.95 per transaction

5. Business License Application Fee $25.00
per application

6. Business License Technology Fee $10.00
per business

7. Chargeback/Returned Payment Fee $35.00 per
Chargeback

34 Fire Department

A. FIRE PREVENTION
Standard Hourly Rate per hour $221.00
OVERTIME (AFTERHOUR INSPECTION 2 hour minimum) per hour $331.00 Expedited Plan Review (2 hour minimum) per hour $331.00

New Fire Sprinkler Systems PLUS Hydraulic Calculation Fee* (See Below)

1‐29 Heads per floor or system $1,548.00
30‐100 Heads per floor or system $1,880.00
101‐200 Heads per floor or system $2,101.00
201‐350 Heads per floor or system $2,433.00
351+ Heads per floor or system $2.986.00

Fire Sprinkler —Tenant Improvements (PLUS Hydraulic Calculation Fee*, if applicable) LESS THAN 30 HEADS W/ NO HYDRO ‐ Minor plan check required‐only one inspection
$663.00
LESS THAN 30 HEADS WITH HYDRO ‐ Minor plan check required‐only one inspection
$885.00
Minor plan check required‐only one inspection
30‐100 Heads per floor or system $1,659.00
101‐200 Heads per floor or system $2,101.00
201‐350 Heads per floor or system $2,433.00
351+ Heads per floor or system $2,986.00
Tract Review – Fire Sprinkler Master Plan Check PLUS Hydraulic Calculation Fee*
See above
Duplicate TRACT Plan Check 13D SYSTEM
(SFD/TOWNHOUSE)
per floor or system $885.00
Duplicate TRACT Plan Check 13 SYSTEM (BUILDING) ‐ 200
Heads and Below
per floor or system $1,106.00
Duplicate TRACT Plan Check 13 SYSTEM (BUILDING) ‐ 201
– 350 Heads
per floor or system $1,327.00
Duplicate TRACT Plan Check 13 SYSTEM (BUILDING) ‐
351+ Heads
per floor or system $1,548.00
Additional Fire Sprinkler Review Items
Hydraulic Calculation* per remote area $885.00

35 Antifreeze System per system $1,659.00
Dry Pipe Valve per valve $1,770.00
Deluge/Pre Action per valve $2,101.00
Pressure Reducing Station per valve $2,433.00
Fire Pump per pump $2,876.00
Water Storage Tank
Gravity per tank $1,659.00
Pressure per tank $1,659.00
Fire Standpipe System
Class I, II, III & Article 81 per standpipe $1,991.00
Fire Alarm System ‐New
0‐15 Devices* per system $1,106.00
16‐50 Devices per system $1,548.00
51‐100 Devices per system $1,991.00
101‐500 Devices per system $2,433.00
Each additional 25 devices up to 1,000 per system $1,106.00 1001+ per system $4,425.00
Each additional 100 devices per system $2,212.00
*Devices=All Initiating and indicating appliances, including Dampers

Existing system under 8 devices $663.00
Additional Fire Alarm Review Items
Hi/Lo Alarms each $1,216.00
Low Air/Temp Alarms each $1,216.00
Graphic Annunciator Review each $1,216.00

Hazardous Activities or Uses
Installation Permits each
Clean Agent Gas Systems each $1,216.00
Dry Chemical Systems each $1,216.00
Wet Chemical/Kitchen Hood each $1,216.00
Foam Systems each $1,216.00
Paint Spray Booth each $1,216.00
Vehicle Access Gate each $553.00

36 Monitoring each $663.00
Aboveground—Flammable/Combustible Liquid Tank
and/or Pipe
per site $1,106.00
Underground—Flammable/Combustible Liquid Tank
and/or Pipe
per site $1,106.00
Fuel Dispensing System Complete per site $1,216.00
High Piled/Rack/Shelf Storage each $1,438.00
Smoke Control CFC each $1,438.00
Medical Gas Alarms per system $1,216.00
Refrigerant System each $1,106.00
Refrigerant Monitoring System each $1,216.00

AMMR Review

Activity Permits (Single Event/One‐Time) each $663.00
Open Flames and Candles per permit $885.00
Carnivals and Fairs per permit $1,106.00
Seasonal Lots (Christmas Tree/Pumpkin Lot) per permit $221.00 Special Events (Haunted House/Camps) per permit $221.00 Explosives per permit $1,106.00
Fireworks; Displays per permit $1,106.00
Hot‐Works Operations per permit $885.00
LP‐Gas per permit $1,106.00
Liquid or Gas‐Fueled Vehicles or Equipment in per permit $1,106.00 Assembly Buildings
(1) Covered Mall Buildings per permit $1,106.00
(2) Open Burning per permit $1,106.00
Pyrotechnical Special Effects Material per permit $1,106.00 Temporary Membrane Structures, Tents and Canopies
(105.5.49)

(1) Small Tent Structure (750 Sq. Ft. or less) per permit $526.00 (2) Large Tent Structure (751 Sq. Ft. or above) per permit $647.00 (3) Fire Safety Inspections per application $885.00
(4) Non‐Compliance Inspections per inspection $885.00
(5) Outside Agency per inspection $885.00

37 Facility Inspections
Annual State‐Mandated Pre‐Inspections (6 or less
Occupants)
per facility $50.00
Annual State‐Mandated Pre‐Inspections (7 or more
Occupants)
per facility $100.00

Apartments
Small Apartments (3-15 units) per facility $55.25
Medium Apartments (16‐100) units More per facility $885.00 Large Apartments ( >100 units) per facility $1,106.00
24 Hour Community Care Facilities
7 to 49 per facility $414.00
50 or more per facility $885.00
Day Care Centers
Residential 9-14 per facility $221.00
Commercial 15+ per facility $442.00
High Rise Building per facility $1,327.00
Homes for the Mentally Impaired (7 or more Occupants) per facility $885.00 Hospital and Jail per facility $1,991.00
Hotels/Motels per facility $885.00
School per facility $995.00
Reports
Life Safety Report per report $0.50/page for first
ten (10) pages of
each document
$0.10 each
additional page of
same document
Life Safety Report Photographs per photograph Direct cost of Duplication
set
Subpoenaed Reports per report $0.50/page for first
ten (10) pages of
each document
$0.10 each
additional page of
same document

38 Other Fire Fees
Underground Fire Service Plan Check each $1,991.00
Emergency Underground Repair each $663.00
Hydrant Flow Test (existing Hydrants) each $774.00
Fire Plans Examiner Miscellaneous each $331.00
Re‐Inspection Fee per hour $387.00
False Alarm Response* per billed incident $995.00
Fire Hydrants per hydrant $221.00
Re‐roofing Permits /Siding/Windows (Applicable only in
Wildland/Urban Interface)
per application $110.00
Fire Permit Extension Fee per 6‐month
extension
$110.00
Cannabis Facilities per year $885.00
Pre‐Application/General Plan Review/Code Assistance per meeting $885.00 Planning/Engineering Referrals (HWD) per application $885.00 Business License Reviews each $774.00
Fairview Planning Referrals each $331.00
Fairview New Construction per application $995.00

Annual Permits
Additive Manufacturing (3D Printing) (105.5.1) per year $885.00 Aerosol Products (105.5.2)) per year $1,106.00
Amusement Buildings (105.5.3) per year $885.00
Aviation Facilities (105.5.4) per year $885.00
Carnivals and Fairs (105.5.5) per year $885.00
Cellulose Nitrate Film (105.5.6) per year $885.00
Combustible Dust‐Producing Operations (105.5.7) per year $885.00 Combustible Fibers (105.5.8) per year $885.00
Compressed Gases (105.5.9) per year $885.00
Covered Mall Buildings (105.5.10) per year $2,433.00
Cryogenic Fluids (105.5.11) per year $885.00
Cutting and Welding (105.5.12) per year $885.00
Dry Cleaning Plants (105.5.13) per year $885.00
Energy Storage Systems (105.5.14) per year $885.00
Exhibits and Trade Shows (105.5.15) per year $885.00

39 Explosives (105.5.16) per year $885.00
Fire Hydrants and Valves (105.5.17) per year $885.00
Flammable and Combustible Liquids (105.5.18) per year $885.00 Floor Finishing (105.5.19) per year $885.00
Fruit and Crop Ripening (105.5.20) per year $885.00
Fumigation or Thermal Insecticide Fogging (105.5.21) per year $885.00 Hazardous Materials (105.5.22) per year $885.00
HPM facilities (105.5.23) per year $1,106.00
High‐Piled Storage < 12000 SF (105.5.24) per year $885.00 High‐Piled Storage > 12000 SF (105.5.24) per year $1,106.00 Hot‐Works Operations (105.5.25) per year $885.00
Industrial Ovens (105.5.26) per year $885.00
Lumber Yards and Woodworking Plants (105.5.27) per year $885.00 Liquid or Gas‐Fueled Vehicles or Equipment in Assembly
Buildings (105.5.28)
per year $885.00
LP‐Gas (105.5.29) per year $885.00
Magnesium (105.5.30) per year $885.00
Miscellaneous Combustible Storage (105.5.31) per year $885.00 Mobile Fueling of Hydrogen-Fueled Vehicles (105.5.32) per year $885.00 Motor fuel-dispensing facilities (105.5.33) per year $885.00 Open Burning (105.5.34) per year $885.00
Open Flames and Torches (105.5.35) per year $885.00
Open Flames and Candles (105.5.36) per year $885.00
Organic Coatings (105.5.37) per year $885.00
Outdoor assembly event (105.5.38) per year $885.00
Places of Assembly < 300 (105.5.39) per year $885.00
Places of Assembly > 300 (1055.39) per year $1,106.00
Plant extraction systems (105.5.40) per year $885.00
Private Fire Hydrants (105.5.41) per year $885.00
Pyrotechnical Special Effects Material (105.5.42) per year $885.00 Pyroxylin Plastics (105.5.43) per year $885.00
Refrigeration Equipment (105.5.44) per year $885.00
Repair Garages and Motor Fuel‐Dispensing Facilities
(105.5.45)
per year $885.00

40 Rooftop Heliports (105.5.46) per year $885.00
Spraying or Dipping (105.5.47) per year $885.00
Storage of Scrap Tires and Tire Byproducts (105.5.48) per year $885.00 Technology Fee per year 6% of annual permit
fee
Tire‐Rebuilding Plants (105.5.50) per year $885.00
Waste Handling (105.5.51) per year $885.00
Wood Products (105.5.52) per year $885.00
Lithium Batteries (105.5.53) per year $885.00
Additional Permits (105.5.54) per year $885.00
Essential City Facilities per year $885.00

Miscellaneous Fees ‐ Building Permits
Minor Tenant Improvement per permit $663.00
Revision‐minor changes to (E) permit per permit $331.00 Cellular Sites
Existing Site per permit $663.00
New Site per square footage VARIABLE ‐ SEE
CHART
Equipment Installations per permit $663.00
HVAC/air units
If over 2,000 cfm per permit $221.00

B. HAZARDOUS MATERIALS OFFICE

Annual Certified Unified Program Agency (CUPA) Program Permit and Registration Fees

1. Hazardous Materials Storage Permit
Annual permit per facility for storage and/or handling of hazardous materials as defined in Hayward Municipal Code, Chapter 3, Article 8.

1A Storage of one (1) or more types $234.00 per year
Solid ‐ up to 500 pounds
Liquid ‐ up to 55 gallons
Gaseous ‐ up to 2,000 cubic feet at STP
2A Storage of one (1) or more types $247.00 per year
Solid ‐ over 500 & up to 5,000 pounds Liquid ‐ over 55 & up to 550 gallons

41 Gaseous ‐ over 200 & up to 2,000 cubic feet at STP
3A Storage of one (1) to five 5) types $261.00 per year Solid ‐ over 5,000 & up to 25,000 pounds Liquid ‐ over
550 & up to 2,750 gallons
Gaseous ‐ over 2,000 & up to 10,000 cubic feet at STP
3B Storage of six (6) or more types $289.00 per year
Solid ‐ over 5,000 & up to 25,000 pounds
Liquid ‐ over 550 & up to 2,750 gallons
Gaseous ‐ over 2,000 & up to 10,000 cubic feet at STP
4A Storage of one (1) to five (5) types $302.00 per year Solid ‐ over 25,000 & up to 50,000 pounds Liquid ‐ over 2,750 & up to 5,000 gallons

Gaseous ‐ over 10,000 & up to 20,000 cubic feet at STP
4B Storage of six (6) or more types $316.00 per year
Solid ‐ over 25,000 & up to 50,000 pounds Liquid ‐ over 2,750 & up to 5,000 gallons

Gaseous ‐ over 10,000 & up to 20,000 cubic feet at STP
5A Storage of one (1) to five (5) types $357.00 per year Solid ‐ over 50,000 pounds Liquid ‐ over 5,000 gallons
Gaseous ‐ over 20,000 cubic feet at STP
5B Storage of six (6) to ten (10) types $399.00 per year Solid ‐ over 50,000 pounds Liquid ‐ over 5,000 gallons
Gaseous ‐ over 20,000 cubic feet at STP
5C Storage of eleven (11) or more types $413.00 per year Solid ‐ over 50,000 pounds Liquid ‐ over 5,000 gallons
Gaseous ‐ over 20,000 cubic feet at STP

2. Hazardous Waste Generator Program
a. Conditionally Exempt Small Quantity Generator (CESQG) – Up to an including 100 kilograms per month (approximately up to and including 27 gallons or 220 pounds per month) or less than or equal to 1 kilogram of acutely hazardous waste per month
$178.00 per year
b. Small Quantity Generator (SQG) – Over 100 kilograms up to and including 1000 kilograms per month (approximately over 27 gallons up to and including 270 gallons or over 220 pounds up to and including 2,220 pounds per month)
$330.00 per year
c. Large Quantity Generator (LQG) – Greater than 1000 kilograms per month (approximately over 270 gallons or 2,220 pounds per month) or greater than 1 kilogram of acutely hazardous waste per month $440.00 per year

3. Hazardous Waste Treatment (Tiered Permit) Program

a. Permit by Rule (Fixed Units) $440.00 per facility
per year
b. Permit by Rule (Transportable units) $440.00 per facility per year

42 c. Conditional Authorization $247.00 per facility
per year
d. Conditional Exemption, Specified Waste $220.00 per facility per year
e. Conditional Exemption, Small Quantity Treatment $220.00 per facility per year
f. Conditional Exemption, Commercial Laundry $220.00 per facility per year
g. Conditional Exemption, Limited $220.00 per facility
per year

4. Hazardous Materials Business Plan (HMBP) $247.00 per facility per year

5. Underground Storage Tank (UST) Program $1,239.00 for 1st UST per year
$536.00 per add'l
UST per year

6. Aboveground Petroleum Storage Act Program (APSA) ‐
Spill Prevention Control and Countermeasure Plan (SPCC) $302.00 per facility per year

7. California Accidental Release Prevention (CalARP) Program a. Small CalARP facility $2,560.00 per
facility per year
b. Large CalARP facility $2,643.00 per
facility per year

8. Annual State Surcharges*
a. CUPA Program Oversight Current State Fee*
b. Underground Storage Tanks (UST) Program Current State Fee* c. CalARP Program Current State Fee*
d. California Electronic Reporting System (CERS) Current State Fee* e. Above-ground Petroleum Storage Act (APSA) Current State Fee* *These fees are established through a regular fee adoption process by the State of California and are required to be collected at the current State of California rate by the Hayward Fire Department’s Certified Unified Program Agency (CUPA). The fees are then required to be remitted by the City of Hayward Fire Department to the State of California on a quarterly basis. The fees are set by the State of California per Title 27 California Code of Regulations Section 15240.

9. Technology Fee 6% of annual permit
fee

43 New Construction Permits and Fees

1. New Construction
a. Large, Tenant Improvement – New Facility $3,969.00
b. Medium, Tenant Improvement – New Facility $2,605.00
c. Small, Tenant Improvement – New Facility $1,319.00

2. New Facility – No Construction
a. Medium to Large $1,982.00
b. Small $991.00

3. Underground Storage Tank
a. System Installation – VPH* up to 3 tanks $4,171.00
System Installation – VPH* each tank over 3 tanks $990.00 b. Piping Installation $1,445.00
c. Piping Installation – VPH* $1,775.00
d. UDC/Sump Installation $1,445.00
e. UDC/Sump Installation – VPH* $1,775.00
f. System Removal up to 3 tanks $1,817.00
System Removal each tank over 3 tanks $247.50
g. Piping Removal $1,156.00
h. UDC/Sump Removal $1,156.00
i. EVR Phase I Installation or Upgrade $660.00
j. EVR Phase II Installation or Upgrade $1,197.00
k. Monitoring System Installation or Upgrade $1,073.00
l. System Tank/Piping Repair $1,899.00
m. System Tank/Piping Repair – VPH* $2,230.00
n. System Miscellaneous Component Repair ‐ Major $1,899.00 o. System Miscellaneous Component Repair – Major– VPH* $2,230.00 p. System Miscellaneous Component Repair ‐ Minor
(Including Monitoring System (“Cold Starts”)
$784.00
q. System Miscellaneous Component Repair – Minor– VPH*
(Including Monitoring System (“Cold Starts”)
$1,115.00
r. Spill Bucket/Overfill Protection Replacement $1,320.00 s. Temporary Closure
*VPH ‐ Vacuum, Pressure, and Hydrostatic Continuously Monitored Systems
$1,486.00

44 4. Aboveground Storage Tanks
a. System Installation $1,239.00
b. System Removal $1,073.00
c. System Repair or Modification $949.00

5. California Accidental Release Prevention (CalARP) Program a. Large ‐ Risk Management Plan Review $7,103.00
b. Small ‐ Risk Management Plan Review $4,460.00
c. Other costs incurred, including but not limited to third- party review, laboratory work, public notice, communication and correspondence $165.00 per hour or
cost

6. Meetings
a. Code Assistance Meeting $413.00
b. Pre‐Application Meeting $330.00

7. Request for Alternate Means of Protection (AMP)
a. Review $660.00

Miscellaneous Fees

1. Operational Permits
Mobile Fueling Operation
a. Initial Permit and Verification Inspection $660.00 per site b. Annual Permit Fee $165.00 per year

2. Facility Closure
a. 3A and above – full facility closure $1,817.00
b. 3A and above – partial facility closure $1,032.00
c. Below 3A – full facility closure $619.00
d. Below 3A – partial facility closure $413.00

3. Contamination
a. Staff oversight $165.00 per hour

4. Site Clearance
a. New construction/use – large $413.00
b. New construction/use – small $247.00
c. Property transfer – large $413.00
d. Property transfer – small $247.00

5. Other Inspections and Compliance Verification

45 a. Re‐inspection (CUPA and non‐CUPA) $165.00 per hour b. Re‐inspection beyond allowed by permit $330.00 per insp. c. After‐hours inspection $247.00 per hour
d. Miscellaneous Inspections and Activities $165.00 per hour e. Compliance verification $82.00 per notice

6. Plan Review/Checking Fees ‐ General
a. Planning Review Fee $165.00 per hour
b. Plan Checking Fee $330.00 per insp.
c. Expedited Plan Checking Fee (two hours minimum) $247.00 per hour

7. California Environmental Reporting System
a. Assistance Fee $165.00 per hour
b. Assistance Fee (after hours) $247.00 per hour
c. Non-Compliance Fee $495.00

C. Fire Station 6 Regional Training Center Rental Fees
a. Classroom – EMS (Capacity #) $350 per day
b. Classroom - Fire2 (Capacity 24) $350 per day
c. Classroom – Fire Simulator (Capacity #) $350 per day d. HazMat Simulator $480 per day
e. Pump Pit $250 per day
f. Class A Victorian $480 per day
g. Outdoor Classroom $350 per day
h. BART Rescue Prop $500 per day
i. Fire Tower (Full Building) $1,500 per day
j. Full Facility Rental $1,800 per day
k. Transportation Training Prop $500 per day
l. Vehicle Extrication $480 per day

46 Information Technology

Video Technician
Video services, including editing and duplication, provided for events
per hour $98.00

GIS Map Printing per hour $98.00

47 Library and Community Services

A. GENERAL SCHEDULE OF CHARGES:

1. Item Replacement Fees

a. Print material, videotapes and sound recordings Original cost of item plus processing fee b. DVD’s Original cost of item plus processing fee
c. Reference materials (return within 7 days) Original cost of item plus processing fee d. Processing Fee $6.00

2. Replacement of Lost/Damaged Audio/Visual Case

a. Single Cassette/CD/DVD Case $3.00 each
b. Multiple Cassette/CDs/DVD Cases $9.00 each

3. Printing/Copying Fees (per page)

a. Printing (B&W) $0.15
b. Printing (Color) $0.30
c. Copying (B&W) $0.15
d. Copying (Color) $0.30

4. Replacement of lost library cards (1 free per year) $2.00

5. Replacement lost/damaged bar code or RFID tag $1.00

6. Agenda & Minutes Library Commission $30.00 per year

7. Mailing of library materials Cost of mailing

B. ADMINISTRATIVE SERVICES

1. Community Services Commission Agenda $15.00 per year

2. Community Services Commission Minutes $15.00 per year

C. MAKERSPACE MATERIALS FEES (21ST CENTURY LIBRARY)

1. Carvey Materials

a. Birch material $2.50 each
b. 2-color ABS $2.50 each

2. Laser Cutter Materials

a. Birch material $3.00 each
b. Clear acrylic $3.00 each

48 3. Cricut & Scan N Cut Materials
a. Iron-on vinyl $1.00 per sq. ft.
b. Perm adhesive vinyl $1.00 each
c. 12” x 12” Cardstock $0.50 each
d. Transfer tape $0.50 each

4. Wide-format Printer Paper (per page)
a. 11” x 17” matte $0.50
b. 11” x 17” photo $1.00
c. 13” x 19” matte $1.25
d. 13” x 19” photo $3.00

49 Maintenance Services Department

A. CITY HALL RENTALS

USER GROUPS

Users are classified into the following groups for determining scheduling priority and the applicable fees and charges.
a. Individuals living in Hayward
b. Individuals living outside of Hayward
c. Non-profits [501(c) 3,4, or 6] and other public or private civic, cultural, educational, or charitable groups
d. Businesses and other commercial groups

RENTAL RATES:

FEE RATES BY USER GROUP **ALL RATES HOURLY**

Individual Organization

City Hall Facilities Seating Deposit A. Hayward
Resident
B. Non-
Hayward
Resident
C. Non-
Profit
D.

Commercial
City Hall – Rotunda
(4 hr. min) 160 $300*
$115
($920 daily
max)
$145
($1160 daily
max)
$125
($920 daily
max)
$175
($1400 daily
max)
City Hall – Council
Chambers (4 hr.
min)
166 $300*
$65
($520 daily
max)
$95
($760 daily
max)
$75
($520 daily
max)
$125
($1000 daily
max)
City Hall – Pre-
function Area 2nd
floor (4 hr. min)
100 $300*
$55
($440 daily
max)
$85
($680 daily
max)
$65
($440 daily
max)
$115
($920 daily
max)
City Hall – Plaza
(4 hr. min) - $500*
$70
($560 daily
max)
$100
($800 daily
max)
$80
($560 daily
max)
$130
($1040 daily
max)

*Non-refundable processing fee of $75 (up to $225 / $425 refundable)

OTHER CITY HALL FEES
Note: All equipment fees are for one setup and per day

Facility Fee Rate (All User Groups)
Room Setup Fee $150 per event
Security Admin Fee $57.00 per event, plus security contract cost Janitorial Admin Fee $57.00 per event, plus janitorial contract cost Insurance Admin Fee $86.00 per issuance

50 B. LIBRARY MEETING ROOM RENTALS

USER GROUPS

Users are classified into the following groups for determining scheduling priority and the applicable fees and charges.
a. Individuals living in Hayward
b. Individuals living outside of Hayward
c. Non-profits [501(c) 3,4, or 6] and other public or private civic, cultural, educational, or charitable groups
d. Businesses and other commercial groups
e. City of Hayward and other government agencies (federal/state/city/local)

RENTAL RATES
FEE RATES BY USER GROUP **ALL RATES HOURLY**
Individual Organization Government
Library Meeting
Room and Event
Spaces
A.

Hayward
Resident
B. Non-
Hayward
Resident
C. Non-
Profit
D.

Commercial
E. Government
Agency
Fremont Bank
Foundation Room A
(Half)
$60.00 $80.00 $50.00 $150.00 $0.00
Fremont Bank
Foundation Room B
(Half)
$60.00 $80.00 $50.00 $150.00 $0.00
Fremont Bank
Foundation Room
(Full)
$100.00 $140.00 $75.00 $250.00 $0.00
Meeting Room C $30.00 $40.00 $25.00* $50.00 $0.00
Prep Area** $50.00 $50.00 $50.00 $100.00 $0.00
Weekes Library
Legacy Room***
$0.00 $0.00 $0.00 $0.00 $0.00

*Two (2) meetings each month in Meeting Room C will be free if the following criteria are met:
i. Meeting sponsored by a Group C user that is based in Hayward and serves primarily Hayward residents
ii. Meeting is open to the public
**Prep Area is a room next to Fremont Bank Foundation Room A with refrigerator, oven, and sink ***All events held in the Legacy Room are required to be open to the public

51 OTHER LIBRARY MEETING ROOM FEES

Meeting Room Fee Rate (All User Groups)
Room Setup Fee (If Requested) $50.00-$100.00
Janitorial Service Fee (When Needed) $57.00 per event, plus janitorial hourly service fee
Attendant On Duty (When Needed) $75.00 per hour

Notes:

All meeting room applications must be submitted via the online scheduling system at least 30 days in advance. Paper applications will not be accepted.

Minimum rental is two (2) hours. Hourly rates are not pro-rated for parts of an hour. Partial- hour reservations will be rounded up to the nearest hour.

Any setup and tear-down time required must be included in the time requested and will be billed at the same rental rate.

Payments must be made at least 14 days prior to the event. Events are not considered approved until payment is received in full.

Other service fees (when needed) may also be applicable. These may be assessed prior-to or immediately following the reservation.

C. STREET MAINTENANCE

1. Cart Retrieval Fee $91.00

2. Sign Fabricated & Installed by City Crew $566.00

3. Illegal Dumping on Public Right-of-Way Fee Penalty
a. First Violation

Initial Inspection No Charge No Penalty

First follow-up inspection shows violation
eliminated
No Charge No Penalty

First follow-up inspection shows violation
still exists, City abates illegal dumping
$1,181.00 $100.00
b. Subsequent Violation within 12 Months
(same property owner)

Initial Inspection No Charge No Penalty

First follow-up inspection shows violation
eliminated
No Charge No Penalty

First follow-up inspection shows violation
still exists, City abates illegal dumping
$1,181.00 $800.00

Each subsequent inspection shows violation
still exists
$1,181.00 $1,000.00
c. Special Assessment Per Parcel $342.00

4. Special Events Per Hour $115.00

52 Police Department

ANIMAL CONTROL
(Ref. Hayward Municipal Code, Chapter 4, Article 4)
For those fees designated to RTO (Refer To Office), the Animal Services Manager shall determine a reasonable fee or charge, basing that determination on the nature of the service; time spent; consistency with fees and charges specified for other services; actual costs incurred, including overhead and other indirect cost; and any other relevant factors.

1. Impounding Charges
a. For each dog and cat
(1) 1st impoundment $50.00 penalty
(2) 2nd impoundment within one year $75.00 penalty
(3) 3rd impoundment within one year $149.00 penalty
(4) Impound dangerous animal $148.00 penalty
(5) Field Impound $125.00
b. For any unsterilized dog or cat impounded, an additional fee is assessed as mandated by the State of California Food &
Agricultural Code.

(1) 1st Impoundment $35.00 penalty
(2) 2nd Impoundment $50.00 penalty
(3) 3rd Impoundment $100.00 penalty
c. For each horse, bull, cow, steer, calf, colt, sheep, lamb goat or hog (1) 1st impoundment RTO (minimum $40.00)
Charge will be total direct
cost
(2) 2nd impoundment within one year RTO (min. $40.00)
(3) 3rd impoundment within one year RTO (min. $40.00)
d. For each non-specified animal (rabbit, monkey, rat, etc.) RTO (min. $40.00)

2. Feeding and Boarding Charges Per Day. Boarding charges shall be levied as of the first day of impoundment. Charges shall be waived where the animal is redeemed “off the truck.”

a. For each dog, cat or small domestic pet $15.00
b. Special needs animal (medications given, treatment) $39.00 per day c. For each horse, bull, cow, hog, steer, lamb, sheep, goat, colt, or calf. $10.00 min. (RTO) d. For each non-specified animal: $19.00 min. (RTO)

3. Special Services
a. Owner surrender of adult unlicensed animals (boarding fees for the State mandated period additional)
$27.00 per animal
For those fees designated to RTO (Refer To Office), the Animal Services Manager shall determine a reasonable fee or charge, basing that determination on the nature of the service; time spent; consistency with fees and charges specified for other services; actual costs incurred, including overhead and other indirect cost; and any other relevant factors.

b. Owner surrender of additional animals less than ten weeks of age.

Boarding fees for the State mandated holding period will also be charged.
$13.00 per animal

53 c. Owner surrenders – small animals/bird $46.00 per animal d. Owner brings dead animal to shelter for disposal
(1) Under 50 lbs. $37.00 per animal
(2) Over 50 lbs. $42.00 per animal
(3) Transportation of disposal $96.00 per animal
e. Transportation of stray injured or sick animal to a veterinarian where owner is later identified.

RTO
f. Veterinary treatment provided to an animal housed in the Shelter where the owner is later identified.

Actual Vet Costs
g. Rabies vaccination certificate Actual Vet Costs
h. Para-influenza type vaccine Actual Vet Costs
i. Medical Testing $17.00/min
j. Microchip Insertion $50.00/max
(1) Animal adopted from the Shelter $15.00
(2) Animals not adopted from the Shelter $29.00

4. Animal License and Permit Fees
a. Unsterilized dog or cat
(1) Flat fee is for 1, 2 or 3 years depending on Rabies Vaccination Certificate (not to exceed 3 years)
$17.00
(2) Unsterilized animal $35.00 penalty
(3) Unsterilized license renewal $17.00 plus penalty
The Animal Services Manager is authorized to reduce dog license fees by one half of the amount set forth above

b. Sterilized dog or cat license
(1) Flat Fee is for 1, 2 or 3 years depending on Rabies Vaccination Certificate duration (not to exceed 3 years)
$17.00
(2) Sterilized, license renewal $17.00
c. Late Penalty $5.00
d. Replacement/Duplicate License $13.00
e. Seeing or hearing dog No Charge
f. Fancier's Permit $243.00

5. Pick-up and Disposal of Dead Animals from Veterinarian a. For 1 to 5 animals $107.00
b. For each additional $12.00
For those fees designated to RTO (Refer To Office), the Animal Services Manager shall determine a reasonable fee or charge, basing that determination on the nature of the service; time spent; consistency with fees and charges specified for other services; actual costs incurred, including overhead and other indirect cost; and any other relevant factors.

6. Observation Fees
All observation fees are assessed at the full rate and are not refundable, either in part or in full.

a. For each dog, cat or small domestic pet for quarantine, evidence and protective custody.
$4.00 per day
b. Other Animals Actual Costs per inspection

54 c. Property inspections (required prior to home quarantines and for the private retention of all animals declared dangerous outside City of Hayward hearing).
$72.00

7. Adoption Fees RTO (minimum $5.00)
a. The fees charged for dogs and cats offered for adoption shall be set by the Animal Services Manager. In no case shall this amount be less than $5.00. In no case shall animals listed as "Owner Surrendered" be adopted by the previous owner without payment of all fees and charges (as specified in the schedule) for shelter service in impounding and caring for the animal.
$20.00
b. All Other Animals Market Value
c. Spaying and neutering (mandated for dogs and cats prior to adoption)
Veterinary contract cost
d. Administrative processing fee for the return of animals adopted from the shelter
$11.00

8. Hearing Fee: Hearing and inspection of property of owners of animals declared dangerous or potentially dangerous.
$150.00

55 POLICE ADMINISTRATION

1. Photocopying of Reports
a. Traffic Accident Reports $16.00 per report
b. Other Reports $16.00 per report

2. Photographs $24.00 each

3. Fingerprinting $26.00 each
(Fingerprint processing fees established by Federal or State agencies shall be additional charge.)

4. Traffic Police Security Services
a. Traffic control and police security services for pre-planned, Time & Motion non-city sponsored events
b. Planned traffic control for contractors and utilities Time & Motion

5. Permit Processing
(Fees are for processing only, fingerprint and Department of Justice fees are not included)
a. Taxi Drivers
(1) Initial Permit $609.00
(2) Annual Renewal $304.00
(3) Annual taxi operating sticker $152.00
(4) Lost permit replacement $26.00
b. Tow Permits
(1) Company 1st License $304.00
(2) Company Annual Renewal $40.00
(3) Driver 1st License $304.00
(4) Driver Annual Renewal $40.00
(5) Lost Permit Replacement $40.00
c. Massage Establishments
(1) Initial Inspection/application and processing of new $761.00 massage establishment
(2) Annual Renewal fee for massage establishment $241.00 (3) Badge Replacement $80.00
(4) Massage Out-Call initial inspection/application $761.00 (5) Massage Out-Call renewal $241.00
d. Card Clubs Employee Permit
(1) Initial permit $241.00
(2) Annual renewal $160.00
(3) Lost permit replacement $80.00
e. Firearms
(1) Background Investigation Time & Motion
(2) Firearm dealers annual permit $1,294.00
f. Employees Working at a Cannabis Establishment
(1) Employee Work Permit Application Fee
a. Employee background check (live scan + $82.00 vice
fingerprint/photograph processing fee)

56 Any charges not specified below shall be established by State and/or Federal Statutes (1) Other Permit processing Time & Motion

6. Alarm Permit Fee
a. New and annual renewal: $16.00
b. For Low income or persons in a temporary or permanent $12.00 disabled status who:
(1) meet the City income guidelines as defined in the All City Department section of the Master Fee Schedule and
(2) file with the Revenue Division of the Finance Department a discount application and adequate documentary evidence showing that the Permit applicant comes within the provision of subparagraph (a).

7. False Alarm Fees (for instances of false alarms within any one-year period):
a. First False Alarm Fee $0.00 records
b. Second False Alarm Fee $185.00
c. Third False Alarm Fee $185.00
Penalty $50.00
d. Fourth False Alarm Fee $185.00
Penalty $200.00
g. Fifth and Each Fee $185.00
Subsequent False Alarm Penalty $400.00

8. Vehicle Release Fee $235.00

9. Vehicle Verification or Administrative Fee
a. Onsite verification $76.00
b. Offsite verification $152.00

10. Communication Tapes $98.00 per tape

11. Clearance Letters $43.00 per letter

12. Auto Sales/Repair Permit $160.00

13. Vehicle Abatement $160.00 per vehicle

Any charges not specified below shall be established by State and/or Federal statutes.
a. Cite & Release $89.00
b. Hold for Court $180.00
c. Transfer to Santa Rita $199.00

14. Social Host Accountability Ordinance
The following penalties and/or cost recovery are authorized by Chapter 4, Article 11 of the HMC. Penalties for violations and cost recovery are separate and distinct charges.

Penalties for Violation - The following is authorized by sec 4-11.20 HMC

57 a. First Violation $750.00
b. Second Violation $1,500.00
c. Third & Subsequent Violations $2,500.00
Public Safety Services/Response Cost - The following is authorized by sec 4-11.25 HMC
d. Recovery of the cost of the public safety response to a Time & Motion “Social Host” ordinance violation using the fully burdened cost allocation rate.

15. Firearms Range Maintenance Fees – apportions the upkeep of the $2,000.00 firearms range among user law enforcement agencies over a fiscal year period

16. Alcohol
a. Level I – Alcoholic Beverage Establishment Retail License Fee – $280.00 Full service restaurants, wine shops, breweries, distilleries; and retail stores using no more than 5% of their floor area for alcohol sales, storage and display.
b. Level II – Alcoholic Beverage Establishment Retail License Fee $1,120.00 – All alcoholic beverage outlets other than Level I.
c. Critical Incident Fee Time & Motion
d. Violation of Alcoholic Beverage Outlets Ordinance
(1) First Offense $750.00
(2) Second Offense $1,500.00
(3) Third and subsequent Offenses $2,500.00
e. Reinspection Fee Time & Motion
f. Alcohol Sales – Special Event Permit $304.00

Tow Operation Fee

Fees to be charged for tow operations shall not be in excess of the following schedule:

1. Towing
a. Towing of vehicles of others $225.00
(From public and private property)
b. All other towing:

1. Passenger vehicles $225.00

2. Motorcycles $225.00

3. Trucks to 10,000 lbs. (unloaded) $225.00

4. Trucks 10,000 to 26,000 lbs. $250.00

5. Trucks over 26,000 lbs. $375.00
c. Extra labor charges on disabled vehicles. $190.00/hr.

Applicable 1/2 hours after arrival of tow truck.
(Per hour or portion thereof, at 15-minute increments)
d. Gate fee request between 5:00 PM and 8:00 AM $120.00 On weekdays and all day Saturday, Sunday and Holidays

2. Storage (Storage charges applicable after 8 hours)
a. Passenger vehicles, motorcycles and trucks $90.00

58 (To 8,000 lbs., outside per 24-hour period)
b. Passenger vehicles, motorcycles and trucks $90.00 (To 8,000 lbs., inside per 24-hour period)
c. Trucks over 8,000 lbs., buses, and trailers over $125.00 20 feet long

3. Miscellaneous Service to the Public
a. Service charges on disabled vehicles where no tow $100.00 is made
b. b) Release of vehicle from hook-up after authorization $90.00 to tow

4. Complicated Tow
a. Trailer con gear (big rig dolly) $150.00
b. Air cushion, includes operator for 3 hours $1500.00 c. Lumper, or extra personnel 6am to 6pm $50.00/hr. (2hr. min)

5. City Owned Vehicles
a. Removal or tow of vehicle $50.00
b. Service charge on disabled vehicle (no tow) $50.00 c. Tow from outside of City of Hayward $50.00/hr. + 1.00 per mile

**$290 if 2 axle to portal** plus for Air cushion Towing, add $174 for first three hours then $400 after **$454 if 3 axle to portal** plus for Air cushion Towing, add $174 for first three hours then $400 after

Concealed Carry Weapons Permit
Fees below do not include State or other applicable fees:

1. New Permit Fee
a. Standard - 2 Years $167.00 b. Judicial - 3 Years $165.00 c. Reserve - 4 Years $165.00 d. Employment - 90 Days $165.00

2. Renewal Fee
a. Standard - 2 Years $25.00 b. Judicial - 3 Years $25.00 c. Reserve - 4 Years $25.00 d. Employment - 90 Days $25.00

59 Utilities & Environmental Services

1. SANITARY SEWER SERVICE CHARGES AND FEES

A. Sewer System Connection Charge (Reference Hayward Municipal Code, Chapter 11, Article 3, Section 11-3.255)

(1) Single family, duplex, triplex, and fourplex residential units, townhouses, and planned developments
$12,0319,625.00
(2) Multi family, high density residential, and mobile homes, each residential unit
(3) Accessory Dwelling Units (ADUs, where applicable), each unit $10,7098,567.00

$4,8133,850.00
(4) Commercial, industrial, institutional and all other connections:

Per gallon of daily capacity required to serve the user $33.6126.89 Per pound per year of biochemical oxygen demand (BOD) $13.330.66 Per pound per year of suspended solids (SS) $14.341.47
Minimum charge $12,0319,625.00

For the purposes of calculating non-residential sewer connection fees, carbonaceous biochemical oxygen demand (CBOD) and suspended solids (SS) will be reduced by 70% of the estimated values in the actual discharge, but not lower than the CBOD and SS for domestic wastewater, that is, 307 milligrams per liter and 258 milligrams per liter respectively. The property will be entitled to discharge CBOD and SS concentrations commensurate with the estimated actual concentrations. The volume component will not be reduced and will be calculated at 100% of the estimated discharge. The CBOD and SS reduction is applicable only to estimated daily discharge of 50,000 gallons or less. Discharge in excess of 50,000 gallons per day from a facility will be subject to a sewer connection fee based on full CBOD and SS concentrations.

This provision will be in effect through September 30, 2025.

a. Interest Rates on Sewer Connection Fee Payment Agreements (Reference Hayward Municipal Code, Chapter 11, Article 3, Section 11-3.255)

12-month agreement – 1%
24-month agreement – 2%
36-month agreement – 3%
48-month (or longer) agreement – To be determined, with 4% minimum

b. Sewer Service Charges (Reference Hayward Municipal Code, Chapter 11, Article 3, Section 11-

3.450)

60 Non-Residential Service – Critical Users
Sewer Service Charge

Constituent/Unit Oct. 1, 2023 Oct. 1, 2024 Flow – Cost per 100 cubic feet (ccf) $3.45161 $3.69322 Biochemical Oxygen Demand – Cost Per Pound $0.82296 $0.88057 Suspended Solids – Cost Per Pound $1.10603 $1.18346

Non-Residential Service – Coded Users
Sewer Service Charge Per ccf
With Irrigation Meter Without Irrigation Meter
Customer Classification Eff. Oct 1, 2023 Eff. Oct 1, 2024 Eff. Oct 1, 2023 Eff. Oct 1, 2024 Other/Commercial/Govern
ment
Restaurant w/ Grease
Interceptor
$7.46

$9.75
$7.99

$10.44
$6.72

$8.78
$7.20

$9.40

Restaurant w/o Grease
Interceptor
$12.63 $13.52 $11.37 $12.17

Commercial Laundries $7.54 $8.07 $6.78 $7.26
Bakeries $12.86 $13.77 $11.57 $12.38
Industrial Laundries $11.71 $12.53 $10.53 $11.27
Beverage Bottling $7.61 $8.15 $6.85 $7.33
Food Manufacturing $28.35 $30.34 $25.51 $27.30
Meat Products $14.36 $15.37 $12.93 $13.84
Slaughterhouse $16.53 $17.69 $14.88 $15.93
Dairy Product Processors $11.85 $12.68 $10.66 $11.41
Residential Service Eff. Oct 1, 2023 Eff. Oct 1, 2024

(1) Standard Residential Unit $41.29 $44.19 per month

(2) Duplex, Triplex, Fourplex (per unit) $41.29 $44.19 per month

(3) Multi-Family (per unit) $36.75 $39.33 per month

(4) Mobile Home (per unit) $28.91 $30.94 per month

(5) Economy (5 to 8 units of metered water
usage)
$19.34 $20.70 per month
(6) Lifeline (0 to 4 units of metered water
usage)
$9.68 $10.36 per month

61 Canning and Packing $8.44 $9.04 $7.59 $8.13
Grain Mills $11.12 $11.90 $10.01 $10.72
Fats and Oils $8.01 $8.58 $7.21 $7.72
Pulp and Paper
Manufacturing
$9.76 $10.45 $8.78 $9.40

Inorganic Chemicals $13.56 $14.51 $12.21 $14.07
Paint Manufacturing $21.14 $22.62 $19.03 $20.37
Leather Tanning $27.84 $29.79 $25.04 $26.80
Fabricated Metal $4.03 $4.32 $3.63 $3.89

All non-critical commercial and industrial users will be included in the above UCC classification that most closely represents the wastewater discharge strength and characteristics in comparison with domestic wastewater definition in the Regulations, as determined by the Director of Public Works. The UCC designation of a particular industry may not necessarily correspond to the Standard Industrial Classification (SIC) which may be assigned for other purposes.

Unclassified and Critical Users

(1) “Critical Users” and those whose discharge does not respond to any UCC because of variations in wastewater constituents or treatment costs shall pay an amount calculated in accordance with the following formula where,

C = V/M (160 Cv + CB x BOD + CS x SS)
C = Sewer service charge during period for which billing is calculated.

V= Volume of water consumed per hundred cubic feet (CCF) during period for which the billing is calculated (total of public water service, metered flow and all private sources, except those meters or services specifically identified for irrigation purposes only).

BOD= Average Biochemical Oxygen Demand, in milligrams per liter, from user during period for which the billing is calculated.

SS= Average Suspended Solids, in milligrams per liter, from user during period for which the billing is calculated.

Cv = Treatment cost per hundred cubic feet of water
CB = Treatment cost per pound of BOD
CS = Treatment cost per pound of SS
M = 160 for users with separate irrigation meters; and 178 for users without separate irrigation meters.

(1) The minimum fee for each non-residential user shall be that established for one (1) Service Unit per

62 month.
(1) Per Hayward Municipal Code Chapter 11, Article 3, Sec. 11-3.450 and Sec 11-3.455, the basis for determining the cost for treating and collecting wastewater will be the “service unit” which will be considered to be the basic charge for each premises computed on the basis of treating wastewater.

The service units for commercial and industrial premises shall be based on categories of usage with similar treatment costs and grouped into User Classification Codes. The categories of usage, user classification codes, and service units to be applied per month for the purpose of determining the applicable sewer service charges shall be those as determined from time to time by resolution of the Hayward City Council.user shall be that established for one (1) Service Unit per month

Wastewater Discharge Permit Fees and Miscellaneous Charges

(1) Wastewater Discharge Permit Fees
Type of Permit New Permit Permit Renewal Amendment
Categorical $4,275.00 $2,935.00 $1,045.00
Non-Categorical Significant $2,890.00 $2,100.00 $815.00 Groundwater $1,525.00 $815.00 $505.00
Non-Sewered Credit $185.00 $185.00 N/A
Special Purpose (one-time discharge) $825.00 N/A N/A

(2) Compliance Schedule (for correction of violations) $725.00

(2) Wastewater Sampling

(a) Composite Sample with Lab Costs $705.00
(b) Composite Sample without Lab Costs $325.00
(c) Grab Sample $335.00
(d) Violation Follow-Up Sample with Lab Cost $705.00
(e) Violation Follow-Up Sample without Lab Cost $325.00 (f) Sampling Equipment Fee $25.00

(3) Compliance Schedule (for Correction of Violations) $725.00

(4) Violation follow-up inspection $615.00

(5) Development Plan Review

(a) Industrial $450.00
(b) Commercial $450.00

63 (c) Residential $280.00

2. WATER SERVICE CHARGES AND INSTALLATION FEES

a. Water Services charges for labor and materials (Reference: Hayward Municipal Code, Chapter 11, Article 2, Section 11-2.02 and 11-2.04)

(1) Single Services. (Also see (4) below)

Meter Size and Service Size Fee
(a) 5/8” x 3/4” $4,200.00
(b) 3/4” x 3/4” $4,200.00
(c) 3/4” x 1” $4,200.00
(d) 1” x 1” $4,200.00
(e) 1” x 1-1/2” $4,960.00
(f) 1-1/2 x 1-1/2 $5,490.00
(g) 1-1/2 x 2” $5,490.00
(h) 2” x 2” $5,840.00
(i) Larger than 2” x 2” Actual cost of labor, materials, & equipment

(2) Manifold Service. (Also see (4) below) Service Size Fee

Meter Size and Service Size
(a) 5/8” x 5/8” 1” $5,340.00
(b) 3/4” x 3/4” 1” $5,340.00
(c) 1” x 1” 1 1/2” $5,340.00
(d) 1” x 1-1/2” 2” $5,680.00
(e) 1-1/2” x 1-1/2” 2” $6,020.00
(f) 1-1/2” x 2” 2” $6,210.00
(g) 2” x 2” 2” $6,430.00
(h) More than two meters or larger than 2" service
line
Actual cost of labor,
materials, &
equipment

(3) Meters Set on Existing Service. (Also see (4) below)

Meter Size Fee
(a) 5/8” $340.00
(b) 3/4” $380.00
(c) 1” $420.00
(d) 1-1/2” $640.00
(e) 2” $810.00
(f) Larger than 2” Actual cost of labor, materials, & equipment

64 (4) All meters in new developments shall have remote radio read capability. The cost for remote read capability is $200 per meter, which is in addition to the fees listed above.

b. Water Service, Construction Work, Temporary Service (Reference: Hayward Municipal Code, Chapter 11, Article 2, Section 11-2.22)

(1) Water Hydrant Meter Deposit

Water Hydrant Meter Deposit Fees $1,800
(for a 3” hydrant meter)

(2) The monthly meter service charge on all hydrant and construction meters shall be as follows:
(a) 3/4” meter $168.00 per month
(b) 3" meter $12075.00 per month
(c) 4" meter $210117.00 per month
(d) 6" meter $650233.00 per month

(3) All hydrant and construction meter accounts will accrue charges for minimum monthly consumption on the following amounts., However, customers who report water consumption data and can provide proof they have consumed less than the proposed minimum charges in the table below shall only be billed for the amount consumed.whether or not this amount of water is actually used. (a) 3/4" meter 1,6000 cu ft.
(b) 3" meter 12,7502,800 cu ft.
(c) 4" meter 28,0004,000 cu ft.
(d) 6" meter 50,0006,000 cu ft.

(4) Failure to Report Hydrant or Construction Meter Reading shall cause a $60.00 charge for each month that a reading is not reported (Hayward Municipal Code, Chapter 11, Article 2, Section 11-2.22). This charge is in addition to service charges and water usage charges.

c. Water System Facilities Fee (Reference Hayward Municipal Code, Chapter 11, Article 2, Section 11-

2.35)

Water Connection (or Facilities) Fee:

(1) Residential

The facilities fee will be based on the water meter size required to meet the indoor demand (excluding fire service demand) and outdoor demand of the residence as determined by the City, based on fixture unit count. The meter that is installed may be larger than the meter facilities fee that is charged if the service is combined with a private fire service. For multi-family complexes, the facilities fee will be based on the water meter size required to meet the indoor demand for each dwelling unit, as determined by the City, regardless of the arrangement of water meters or meter sizes at the premises.

(a) 5/8" meter $7,133.00
(b) 3/4" meter $10,703.00
(c) 1" meter $17,831.00

65 (2) Non-residential, each separate irrigation service, and each residential unit with meter size larger than 1”

(a) 5/8" meter $7,133.00
(b) 3/4" meter $10,703.00
(c) 1" meter $17,831.00
(d) 1 ½" meter $35,662.00
(e) 2" meter $57,057.00
(f) 3" meter $113,114.00
(g) 4" meter $178,310.00
(h) 6" meter $356,620.00
(i) 8" meter $570,592.00
(j) 10" meter $820,226.00

(3) Fire Service, per service regardless of size

For reference, below is the fixture unit count and its
corresponding equivalent meter size:

Equivalent Meter Size Calculation
Total Fixture Unit
Count
Correspondng
Equivalent Meter Size
Maximum Flow
Capacity (GPM)
0-23 5/8” 15

23.5-40 ¾” 25

40.5-85 1” 40

85.5-150 1 ½” 80

$7,133.00

d. Meter Services Charges Inside City (Reference: Hayward Municipal Code, Chapter 11, Article 2, Section 11-2.38)

The bimonthly standard meter service charge for all meters (except temporary service for construction work), based on size of meter, shall be as follows Eff. Oct 1, 2023 Eff. Oct 1, 2024
(a) 5/8" meter $35.45 $39.00
(b) 3/4" meter $49.46 $54.41
(c) 1" meter $77.50 $85.25
(d) 1 ½" meter $147.58 $162.34
(e) 2" meter $231.68 $254.85
(f) 3" meter $497.97 $547.77
(g) 4" meter $890.41 $979.46
(h) 6" meter $1,829.46 $2,012.41
(i) 8" meter $3,931.80 $4,324.98
(j) 10" meter $5,894.00 $6.483.40

(1) Exemption for Low Income:

66 Notwithstanding any other provision of Hayward Municipal Code, Chapter 11, Article 2, the low income meter service charge shall be imposed by this subsection upon any customer that:

(a) meets the City income guidelines as defined in the All City Department section of the Master Fee Schedule and

(b) files with the Revenue Division of the Finance Department a discount application and adequate documentary evidence showing that the applicant comes within the provision of subparagraph (a).

(2) The bimonthly low-income meter service charge for 5/8”, 3/4", and 1” meters, shall be as follows:

Eff. Oct 1, 2023 Eff. Oct 1, 2024
a. 5/8” meter, low income $12.41 $13.66
b. 3/4” meter, low income $17.32 $19.06
c. 1” meter, low income $27.13 $29.85

(3) The water usage charge based on the number of cubic feet of water supplied during each billing period shall be as follows:

Single Family Residential & Multifamily*

Cost Per CCF of Metered Water
Consumption:

Eff. Oct 1, 2023 Eff. Oct 1, 2024
1 – 8 ccf (hundred cubic feet) $6.86 $7.55
9 – 18 ccf $8.14 $8.96
Over 18 ccf $10.00 $11.00
*Based on average usage per dwelling unit

Non-Residential

Cost Per CCF of Metered Water Consumption:

Eff. Oct 1, 2023 Eff. Oct 1, 2024
1 – 110 hundred cubic feet (ccf) $7.44 $8.19
Over 110 ccf $8.74 $9.62

Irrigation

Cost Per CCF of Metered Water Consumption:

Eff. Oct 1, 2023 Eff. Oct 1, 2024
1 – 170 hundred cubic feet (ccf) $8.80 $9.68
Over 170 ccf $11.20 $12.32

Hydrant and Fireline Accounts

Cost Per CCF of Metered Water Consumption:

67 All usage Eff. Oct 1, 2023 Eff. Oct 1, 2024
$8.29 $9.12
Note: hundred cubic feet = approximately 748 gallons of water

e. Fire Service Connections Inside City (Reference: Hayward Municipal Code, Chapter 11, Article 2, Section 11-2.39)

The fire service charge per each billing period shall be as follows:

Eff. Oct 1, 2023 Eff. Oct 1, 2024
a. 5/8” meter $7.54 $8.30
b. 3/4” meter $7.63 $8.40
c. 1” meter $7.86 $8.65
d. 1-1/2” meter $8.68 $9.95
e. 2” meter $10.12 $11.14
f. 3” meter $15.29 $16.82
g. 4” meter $24.19 $26.61
h. 6” meter $56.12 $61.74
i. 8” meter $111.19 $122.31
j. 10” meter $194.03 $213.44

f. Fire Flow Test. A charge of $326 shall be applied for each fire flow test.

g. A 50% surcharge on water usage shall be applied in the event that a fire service connection is used for any purpose other than those specifically identified in the Hayward Municipal Code, Chapter 11, Article 2, Section 11-2.20, that is, for extinguishing fires or authorized testing of the fire protection system(s).

Customers with appropriate documentation may qualify for a full or partial refund in specific circumstances such as:
• Authorized water usage (e.g., for extinguishing fires or planned test of fire protection systems). Fire service connections are not intended for day-to-day water consumption but may occasionally be authorized for specific uses. In instances where customers can provide documentation for authorized water usage, customers will only be billed for consumption and will be refunded if a 50% surcharge has been applied to their account. • False usage volume (e.g., due to a faulty check valves). In instances where customers can provide proof that water consumption was due to an inaccurate meter reading, refunds can be issued for any false consumption, inclusive of the 50% surcharge.

h. Other Water System Fees and Charges
Account Establishment Fee $70.00
After-Hours Meter Activation Fee $72.00
Meter Lock Fee $92.00
Meter Removal Fee $90.00
Meter Test Fee (up to 1-inch meter) $223.00
Meter Test Fee (1 1/2-inch to 2-inch meter) $295.00
Meter Test Fee (3-inch meter and larger) $367.00

68 Noticing Fee $6.00
Service Restoration/Unlock Fee $50.00

i. Special Billings

1. Special Requests for Water Billing
(a) Base Rate Services $26.00
(b) Each Additional Meter $9.00

j. Development Plan Review

Land Use Category
Description
Minimum Parcel Size
(Acre)
Runoff Factor Service
Charge/Runoff
Acre/Year

Commercial/Industrial 0.25 0.80 $338.32
Parking Lots 0.25 0.80 $285.60
Utilities 0.25 0.80 $285.60
Institutional/Apartments 0.25 0.60 $285.60
Condominium # 0.60 $285.60
Single Family up to 4 -Plex 0.25 0.40 $285.60
Single Family Ranches 0.25 0.40 $285.60
Vacant Land (Utilized) 10 0.01 $285.60
Vacant Land (Non-utilized) 17 0.00 $285.60
Owned by Government 0.25 0.40* $285.60
Parcels w/o Valuation
Utilities on Leased Land
Cemeteries
Common Area
NOTES:
(1) LUF = Land Use Factor coding system utilized by Alameda County Flood Control (2) Minimum Parcel Size is the minimum size on which charges are calculated (3) Runoff Factor is the ratio between impervious surface area and total surface area as determined by the Alameda County Flood Control District
# Condominium parcel size is determined by dividing the parcel size by the total number of units. *Or as determined

Rate Formula: Service Charge per year =
PARCEL SIZE x RUNOFF FACTOR x SERVICE CHARGE/RUNOFF ACRE/YEAR

3. STORMWATER

a. Stormwater Treatment Measure Inspection $485.00

b. Stormwater Facility Inspection
Industrial (under State Permit) $415.00
Residential $67.00
Commercial $112.00
Industrial $179.00

69 Industrial (not under State Permit) $415.00
Restaurant $265.00
Commercial $225.00

The stormwater facility inspection fee will be waived if the inspection does not result in an adverse finding for the property and the potential for pollutant discharge is nonexistent.

4. RECYCLED WATER

(1) Recycled Water Connection Fee
The recycled water connection fee will be based on the recycled water meter size required to meet the recycled water demand of the property as determined by the City.

(a) 5/8” meter $7,133.00
(b) ¾” meter $10,703.00
(c) 1” meter $17,831.00
(d) 1 ½” meter $35,662.00
(e) 2” meter $57,057.00
(f) 3” meter $114,114.00
(g) 4” meter $178,310.00
(h) 6” meter $356,620.00
(i) 8” meter $570,592.00
(j) 10” meter $820,226.00

(2) The bimonthly standard recycled water meter service charge for all recycled water meters, based on size of meter, shall be as follows:

Oct 1, 2023 Oct 1, 2024
(a) 5/8" meter $35.45 $39.00
(b) 3/4" meter $49.46 $54.41
(c) 1" meter $77.50 $85.25
(d) 1 ½" meter $147.58 $162.34
(e) 2" meter $231.68 $254.85
(f) 3" meter $497.97 $547.77
(g) 4" meter $890.41 $979.46
(h) 6" meter $1,829.46 $2,012.41
(i) 8" meter $3,931.80 $4,324.98
(j) 10" meter $5,894.00 $6,483.40
Recycled Water usage charge based on the number of cubic feet of water supplied during each billing period shall be as follows:

Uniform Tier Oct. 1, 2023 Oct. 1, 2024 Cost Per CCF of Metered Water Consumption $6.76 $7.44 Note: hundred cubic feet = approximately 748 gallons of

70 water

5. LOW INCOME REFUSE SERVICE RATES

A residential subscriber shall receive a discount in the amount of $8.22 per month for refuse service for a single-unit dwelling based on the following:
a. The subscriber meets the City income guidelines as defined in the All City Department section of the Master Fee Schedule and

b. The subscriber files with the Revenue Division of the Department of Finance a discount application and adequate documentary evidence showing that the subscriber comes within the provision of subparagraph (a).

6. SOLID WASTE PLAN REVIEW FEES

a. Development Plan Review

Single Family or Remodel $50.00
Tract Development $160.00

Commercial/Industrial
Tenant Improvement w/ Trash Enclosure $120.00
Tenant Improvement w/o Trash Enclosure $80.00

Mixed Use (Commercial & Residential) Actual cost

71 Glossary of Terms

The following description of fee charges has been prepared for your convenience. If you have any questions regarding fee charges, please feel free to discuss them with a member of the City staff.

Annexation Fees:

Charges for time and material costs involved in processing applications for the annexation of property to the City.

Compliance Services Fees:

Charges imposed to defray the City’s labor and materials cost of assuring compliance with specific City ordinances such as weed abatement.

Inspection Fees:

Charges related to the physical inspection of facilities, buildings, sites, equipment, etc.

Licenses and Permit Fees:

Charges imposed to defray the cost incurred in processing applications for licenses and permits which authorize the holder to engage in a specific function or activity and include the costs of assuring compliance with related conditions and regulations.

Penalty Fees and Fines:

Charges imposed for non-compliance with specific City requirements.

Plan Check Fees:

Charges for time and materials costs for the detailed inspection of plans submitted to the City for review.

Rental Fees:

Charges for use of City facilities and services.

Service Fees:

Charges for time and materials costs incurred by the City in the course of providing those services for which fees or charges are not otherwise specifically set forth.

Special Services Fees:

Charges for time and materials costs incurred by the City in the course of providing extraordinary services.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 24-018
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Dustin Classen, Interim City Manager
Bryan Matthews, Chief of Police
SUBJECT: Military Equipment Use: Adopt a Resolution Approving the Hayward Police Department’s Annual Military Equipment Use Report for April 2023 Through March 2024 and Renewing Ordinance 22-06 Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481

RECOMMENDATION
That Council: (1) Review the Hayward Police Department’s (HPD) Annual Military Equipment Use Report for April 2023 through March 2024 (Attachment II) identifying whether each type of military equipment identified in the report has complied with the standards for approval; and (2) Vote to renew Ordinance 22-06 (Attachment III) which adopts HPD’s Military Equipment Use Policy (Attachment IV).

SUMMARY
AB 481, which went into effect on January 1, 2022, requires California law enforcement agencies to obtain the approval of a Military Equipment Use Policy via the adoption of an Ordinance by their respective governing bodies before funding, acquiring, or using law enforcement equipment now defined under AB 481 as “military equipment.” Annually, thereafter, law enforcement agencies must submit a report to the Council on the use of Military Equipment for that year. Council must then, on an annual basis, review the annual report submitted by law enforcement pursuant to Gov’t Code § 7071(e)(2), and approve of the funding, acquisition and use of each type of military equipment. Subject to that review and approval, Council must also vote on whether to renew Ordinance 22-06.

In this case, Council adopted Ordinance 22-06, approving of Military Equipment Use Policy No. 206, on July 5, 2022. In accordance with AB 481, the Hayward Police Department then submitted its first annual Military Equipment Use Report to City Council on June 20, 2023, at a regularly scheduled City Council meeting, at which time the use of equipment in the report was approved and Ordinance 22-06 renewed.

Now, Council is again being presented with this year’s annual Military Equipment Use Report and being asked to do the following:

CITY OF HAYWARD Printed on 6/21/2024Page 1 of 2
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1. Determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval; and a. The Standards for Approval are as follows: Council must find all of the following:
i. The equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; ii. Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties;
iii. If purchasing equipment-that the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective f officer and civilian safety;
iv. Prior military equipment use complied with Policy 706 that was effective at the time, or, if prior use did not comply, corrective action has been taken to remedy the nonconforming use and ensure future compliance.

2. Review Ordinance 22-06 and, subject to No. 1, vote on whether to renew the ordinance.

Notably, if Council determines, under No. 1, that a certain type of military equipment identified in the annual Military Equipment Use Report has not complied with the standards for approval, Council must either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

Additionally, if Council does not renew Ordinance 22-06, the HPD must cease the use of all equipment defined as “military equipment,” which would be detrimental to the HPD and the safety of community members and officers alike.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Military Equipment Use Report
Attachment IV Ordinance 22-06
Attachment V Military Equipment Use Policy
Attachment VI Inventory List
CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
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DATE: June 25, 2024

TO: Mayor and City Council

FROM: Dustin Claussen, Interim City Manager
Bryan Matthews, Chief of Police

SUBJECT: Adopt a Resolution Approving the Hayward Police Department’s Annual Military Equipment Use Report for April 2023 Through March 2024 and Renewing Ordinance 22-06 Adopting Military Equipment Use Policy No. 706 in Compliance With Assembly Bill No. 481.

RECOMMENDATION

That Council adopts a resolution (Attachment II): (1) Approving of the Hayward Police Department’s (HPD) Annual Military Equipment Use Report for April 2023 through March 2024 (Attachment III) after reviewing the report and identifying whether each type of military equipment identified in the report has complied with the standards for approval; and (2) Vote to renew Ordinance 22-06 (Attachment IV) which adopts HPD’s Military Equipment Use Policy (Attachment V) and the Inventory List (Attachment VI) which is an exhibit to that Policy.

SUMMARY

AB 481, which went into effect on January 1, 2022, requires California law enforcement agencies to obtain the approval of a Military Equipment Use Policy via the adoption of an Ordinance by their respective governing bodies before funding, acquiring, or using law enforcement equipment now defined under AB 481 as “military equipment.” Annually, thereafter, law enforcement agencies must submit a report to Council on the use of Military Equipment for that year. The Council must then, on an annual basis, review the annual report submitted by law enforcement pursuant to Gov’t Code § 7071(e)(2), and approve of the funding, acquisition and use of each type of military equipment. Subject to that review and approval, Council must also vote on whether to renew Ordinance 22-06.

In this case, Council adopted Ordinance 22-06, approving the Military Equipment Use Policy No. 206, on July 5, 2022. In accordance with AB 481, the Hayward Police Department then submitted its first annual Military Equipment Use Report to City Council on June 20, 2023, at a regularly scheduled City Council meeting, at which time the use of equipment in the report was approved and Ordinance 22-06 renewed.

Now, Council is again being presented with this year’s annual Military Equipment Use Report and being asked to do the following:

1. Determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval; and

a. The Standards for Approval are as follows: The Council must find all of the following:
i. The equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
ii. Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties;
iii. If purchasing equipment—that the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective f officer and civilian safety;
iv. Prior military equipment use complied with Policy 706 that was effective at the time, or, if prior use did not comply, corrective action has been taken to remedy the nonconforming use and ensure future compliance.

2. Review Ordinance 22-06 and, subject to No. 1, vote on whether to renew the ordinance.

Notably, if Council determines, under No. 1, that a certain type of military equipment identified in the annual Military Equipment Use Report has not complied with the standards for approval, Council must either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

Additionally, if Council does not renew Ordinance 22-06, the HPD must cease the use of all equipment defined as “military equipment,” which would be detrimental to the HPD and the safety of community members and officers alike, as explained further, below.

BACKGROUND

On September 30, 2021, Governor Newsom signed a series of eight (8) pieces of policing reform legislation aimed at increasing transparency around policing. AB 481 was one of those pieces of legislation. AB 481, which became effective on January 1, 2022, was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have deemed to be “military equipment.” AB 481, codified in California Government Code section(s) 7070 through 7075, required law enforcement agencies to “commence a governing body approval process,” for the adoption of a military equipment use policy by ordinance, in a public forum, by May 1, 2022, to continue the use of previously acquired “military equipment.” The bill also required approval, by the

governing body in a public forum, before a law enforcement agency could fund, acquire, or use new “military equipment.”

Moreover, the bill requires annual public review and approval actions by the governing body to continue the use of “military equipment”. The bill also required the City to host an annual community meeting regarding the agency’s use of “military equipment” under the bill.

These requirements are more specifically outlined below.

The term “military equipment,” as used in the legislation, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment,” include, but are not limited to equipment such as unmanned vehicles, command and control vehicles, armored vehicles, pepper balls, less lethal shotguns, and long-range acoustic devices.

These types of equipment, as well as others considered “military equipment” under AB 481, are commonly used, and employed by law enforcement agencies across the country to enhance community members’ and officers’ safety.

AB 481 “Military Equipment”:

The following law enforcement equipment is now deemed to be “military equipment” as defined in AB 481 and Government Code §7070(c):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected vehicles or armored personnel carriers.

3. Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

8. Firearms of .50 caliber or greater. Standard issue shotguns excluded.

9. Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is excluded.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls.”

13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM)weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

A current list of equipment (Attachment V) contained in HPD’s inventory is attached to this staff report. The HPD does not currently utilize some of the equipment on the above list – the list in (Attachment V) identifies under which category from the above list HPD’s equipment falls.

AB 481 Legal Requirements:

To continue to use, seek funding for, or acquire any of the above equipment, a law enforcement agency must obtain approval by its governing body (the City Council) “by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant” to the Brown Act. Gov’t Code. § 7071(a)(1). The law enforcement agency must “commence” the “governing body approval process,” in accordance with AB 481 § 7071(a)(2). The process is “commenced” by “Submission of the proposed military equipment use policy to the governing body.” Id. Once the proposed policy is provided to the governing body, the governing body (City Council) has 180 days to approve of the continuing use of military equipment, including by adoption of the proposed policy. Id. If the use of military equipment and the proposed policy are not approved within that timeframe, the agency must cease all use of such equipment until such approval is received.

Id.

For transparency purposes, the bill requires that the proposed policy (to be submitted to the governing body for approval), be made available “on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.” § 7071(b). Moreover, the governing body (City Council) is required to consider the proposed policy, “as an agenda item for an open session of a regular meeting and provide for public comment in accordance with” the Brown Act. § 7071(c). The proposed policy, must, at a minimum, contain the following: (1) a description of each type of military equipment, quantity sought, its capabilities, expected lifespan, and product descriptions from manufacturer; (2) the purposes and authorized uses for which the agency proposes to use each type of equipment; (3) the fiscal impact of each type of equipment, including initial costs of obtaining the equipment and the estimated annual cost for maintaining the equipment; (4) the legal and procedural rules that govern each authorized use; (5) the training that must be completed before an employee is allowed to use each type of equipment; (6) the mechanisms in place to ensure compliance with the policy, including which independent persons or entities have oversight/authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy; and (7) the procedures by which members may register complaints or concerns about the

use of equipment and how the agency will ensure the complaints or concerns are received and responded to in a timely manner. HPD’s Military Equipment Use Policy is included with this memo as Attachment IV. § 7070(d).

In reviewing the proposed policy, the City Council shall only approve the policy if it determines the following: (1) the equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) the equipment, if being purchased, is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (4) prior military equipment use complied with the military equipment use policy that was in effect at the time, or if it did not, corrective action has been taken to remedy nonconforming uses and ensure future compliance. § 7071(d)(1).

Following the approval of any such policy, the proposed or final policy must be made publicly available on the law enforcement agency’s website for as long as the military equipment is available for use. §7071(d)(2).

Moreover, the law enforcement agency must submit, to the City Council, within a year of approval, and annually thereafter for as long as the military equipment is available for use, a “military equipment report for each type of military equipment approved by the governing body.” § 7072. The report must include the following information: (1) A summary of how the military equipment was used and the purpose of its use; (2) a summary of complaints or concerns received regarding military equipment; (3) the results of internal audits, any information about violations of the Policy, and actions taken in response; (4) the total annual cost for each piece of equipment, including the cost of acquisition, personnel, training, transportation, maintenance, storage, upgrade, ongoing costs and information about where source funds will be provided from in the calendar year following the submission of the annual report; (5) the quantity of each type of equipment possessed; and (6) whether the agency intends to acquire additional military equipment next year and the quantity sought for each. Id.

Within 30 days of submitting and publicly releasing the annual military equipment report, the law enforcement agency must hold “at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report” and the funding/use of equipment. § 7072(b)

Additionally, the City Council must review the ordinance that it has adopted, approving of the funding, acquisition, or use of military equipment, at least annually, and vote on whether to renew the ordinance at a regular meeting held pursuant to the Brown Act. § 7071(e)(1). During the review process, the City Council must determine, based on the military equipment report submitted under § 7072, whether each type of military equipment in the report has complied with the standards for approval set forth in §7071(d)(1). §7071(e)(2). If it determines a type of equipment identified in the report has not complied with the standards for approval, the City Council must either disapprove of

the renewal or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

Review of AB 481 Action Taken by Council in 2023

On June 20, 2023, the Council was presented with HPD’s first Annual Military Equipment Use Report for the period of July 2022 through March 2023, as well as Ordinance No 22-06, which approved of HPD Military Equipment Use Policy No. 706. The Council approved the policy through the adoption of the ordinance at a regular meeting where public comment was allowed. In accordance with AB 481, the proposed policy was made available on HPD’s website 30 days prior to June 20, 2023.

Action Taken by HPD in 2024 to Satisfy the Annual Requirements of AB 481

On June 11th, 2024, HPD’s 2024 Annual Military Equipment Use Report was added to the HPD’s website. On May 29th, 2024, a presentation on HPD’s Annual Military Equipment Report was conducted at the Council Public Safety Committee Meeting where community members were allowed to participate through discussion and asking questions. This meeting was recorded and can be viewed by community members on the City’s and HPD’s website.

Now, we are before the Council requesting that Council: (1) Review the 2024 Annual Military Equipment Use Report (Attachment II) identifying whether each type of military equipment identified in the report has complied with the standards for approval; and (2) Vote to renew Ordinance 22-06 (Attachment III) which adopts HPD’s Military Equipment Use Policy (Attachment IV).

DISCUSSION

By its very nature, law enforcement is an increasingly difficult and dangerous job. History has shown that armed encounters between law enforcement officers in the U.S and heavily armed, violent offenders can be traced back to the prohibition era of the 1920s. During this time, communities were impacted by offenders and organized crime groups who were often armed with automatic weapons, wearing body armor, and using military style tactics to commit offenses (e.g., bank robberies, shootings, etc.). Since that time, law enforcement officers continued encountering heavily armed individuals and groups who were willing to engage in armed confrontations. Traditional methods of law enforcement response placed officers and community members at risk, so new equipment and methods of response had to be developed.

In addition to increased contacts with heavily armed, violent offenders, high-profile international, state, and local incidents contributed to the evolution of law enforcement response and equipment. While this is certainly not an exhaustive list, below are several incidents that led to changes in methods of response and equipment for law enforcement agencies in the United States, including the HPD:

- Los Angeles, California: In the 1960s, the first Special Weapons and Tactics (SWAT) Team was formed in response to several incidents involving snipers firing upon community members and officers during rioting.
- Munich, Germany: Multiple Israeli athletes were killed during a hostage taking in the Olympic Village during the 1972 Olympic Games in Munich, Germany. During a failed rescue attempt, 9 hostages were killed as the German Police were not trained or equipped to deal with such a sophisticated threat.
- Hayward, California: In the mid-1970s, HPD officers responded to a call for service and were fired upon by a subject armed with a high-powered rifle. A 72-hour stand-off ensued after the subject barricaded himself inside his residence and HPD officers were not trained or equipped to deal with such a sophisticated threat. Some HPD officers were sent to retrieve their personal hunting rifles as they were not able to get close enough to the residence without being fired upon. This led to the creation of the HPD’s Special Response Unit (SRU).
- Los Angeles, California: Two subjects, armed with high-powered rifles and body armor, robbed a bank in the North Hollywood neighborhood of Los Angeles. LAPD officers, armed only with pistols, revolvers, and shotguns, were considerably outmatched as the subjects were armed with AK-47 and AR-15 style rifles, which can defeat body armor. In total, nearly 2,000 rounds were fired, 12 LAPD officers were shot, eight community members were shot, and both subjects were ultimately killed after LAPD officers retrieved rifles from a nearby firearms dealer. After this incident, every law enforcement agency in the United States moved to equip officers with carbine rifles. - Uvalde, Texas: A subject, armed with an AR-15 style rifle, shot his grandmother, then drove to an elementary school where he shot multiple students and school staff members in one of the deadliest school shootings in United States history. In total, 19 students and two teachers were killed, and 17 others were critically wounded. The law enforcement response is being investigated by the Department of Justice and has sparked debate regarding methods of response and “military equipment.”

In addition to these historical events, recent national events have highlighted the need to continually evaluate methods of response and to maintain “military equipment” in the HPD’s inventory, including the following:

- Monterey Park, California (January 21, 2023): A subject, in the aftermath of a Lunar New Year Celebration, entered a dance studio and shot multiple people with a “variant of a MAC-11” with an extended, high-capacity magazine. In total, 11 people died and 10 were injured.
- Half Moon Bay, California (January 23, 2023): A subject shot and killed 5 men and 2 women, and injured another man, at 2 separate locations before being located in his vehicle and arrested by San Mateo County Sheriff’s Deputies.

According to The Gun Violence Archive, there have been 210 mass shootings in the United States this year (as of June 11, 2024), which the website describes as shooting incidents where at least four people were killed or wounded.

Additionally, the following statistics from 2022 were shared during several community engagement events:

- According to a study published by the FBI in April 2023, there were 50 active shooter events in the United States in 2022 (a 18% decrease from 2021 and a 66.7% increase from 2017).
- HPD officers responded to 210 calls for service in 2023 where a firearm was shot, either striking a person or an object (car, residence), attempting to strike a person and missing, or reported being heard by a community member. - HPD officers seized 227 firearms in the City of Hayward in 2023, an increase from 2022.

In May of 2023, multiple countries, including Canada, Australia, and the U.K, issued United States travel warnings due to increased gun violence. According to the Newsweek article, only 4 percent of all homicides in the U.K. are gun-related killings compared to 13 percent in Australia, 37 percent in Canada, and 79 percent in the United States.

Now, perhaps more than ever, law enforcement officers must have access to equipment that will allow them to perform their duties safely and to address sophisticated threats like those highlighted in the examples above. Much of the equipment listed in AB No. 481 and included in the HPD’s inventory is to address some of the critical incidents our community members expect us to safely resolve, such as:

- High-risk offender apprehension
- Barricaded subjects
- Hostage rescue
- Dignitary protection
- Crowd control.
- Active shooter response

At the same time, it is critically important that a balance is struck between providing law enforcement officers with the equipment they need and the need to ensure accountability for its use. It is incumbent upon law enforcement agencies to develop appropriate policies, procedures, and training to ensure such equipment is being used properly. The HPD’s equipment inventory (Attachment V) is governed by policies and procedures and can only be used by HPD officers who have met all training requirements. Much of the equipment listed in HPD’s inventory can only be used by members of the SRU during critical incidents and only after SRU members have been trained and have shown proficiency.

It should be noted that much of the equipment listed in AB No. 481 has never been in HPD’s inventory nor has HPD sought to acquire it. These categories include:

- Category 3 (Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached) - Category 4 (Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion)

- Category 6 (Weaponized aircraft, vessels, or vehicles of any kind.) - Category 8 (Firearms of .50 caliber or greater. Standard issue shotguns excluded.) - Category 9 (Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is excluded.)
- Category 11 (Any firearm or firearm accessory that is designed to launch explosive projectiles.)
- Category 13 (Taser Shockwave, microwave weapons, water cannons, and the Long- Range Acoustic Device (LRAD).

HPD “Military Equipment” Usage

The following data includes the uses of the items contained in the HPD equipment inventory for the period of 4/1/2023 – 3/31/2024:

- Robot (1)
- Unmanned Aircraft Systems (64)
- Armored Personnel Carrier (19)
- Command and Control Vehicle (2)
- Breaching Shotgun (0)
- Carbine Rifles / Precision and Long Rifles (2)
- Noise and Flash Diversionary Devices (2)
- CS/OC Munitions (2)
- FN 303 Less Lethal Launcher (0)
- 40 mm Less Lethal Launcher (0)
- Specialty Ammunition (0)

Community Engagement Efforts

As part of the HPD’s ongoing efforts to be transparent, provide information, and engage the community in dialogue regarding AB No. 481 and the “military equipment” contained in the HPD’s equipment inventory, the following steps have been taken:

- On April 11, 2022, the HPD and City staff created an informational page, which is prominently displayed on the front of the HPD website and contains information regarding AB No. 481, the HPD’s equipment inventory, and policy documents. - A Council Work Session was held on April 26, 2022, during which the provisions set forth in AB no. 481, the HPD’s equipment inventory, and draft policy documents were discussed with the Council. This Council Work Session was a public meeting, which included a public comment period and provided a space for Council members to engage in dialogue with HPD staff regarding “military equipment.” - The HPD held virtual community engagement meetings on May 26, 2022, and June 6, 2022, during which information regarding the HPD’s equipment inventory was shared, questions were asked and answered, and community members expressed concerns and shared perspectives on the impacts of possessing “military equipment.” These meetings were recorded and can be viewed by community members on the HPD website.

- The HPD held an in-person community engagement event at the North Resource Center on June 11, 2022, during which HPD’s “military equipment” was displayed and HPD staff members were present to engage in dialogue with community members. - The HPD created an informational video regarding AB 481 and the HPD’s equipment inventory, which can be viewed by community members on the HPD website. - The HPD held a virtual community engagement meeting on May 3, 2023, during which information regarding the HPD’s July 2022-March 2023 Annual Military Equipment Use Report was shared, questions were asked and answered regarding the report. The meeting was recorded and can be viewed by community members on the HPD website.
- The HPD provided final drafts of the proposed Military Equipment Use Policy, the ordinance, and the HPD equipment inventory prior to the June 21, 2022 City Council meeting to the following community groups:
o The Community Advisory Panel (CAP) to the Chief of Police o The Hayward Community Coalition
o The Hayward Concerned Citizens
- The HPD attended the Hayward Executive Airport Open House on September 24, 2023, during which HPD’s “military equipment” was displayed and HPD staff members were present to engage in dialogue with community members.
- The HPD held two recruitment events, on November 4, 2023, and April 6, 2024, during which HPD’s “military equipment” was displayed and HPD staff members were present to engage in dialogue with community members.

Community Feedback

During conversations and written feedback regarding AB No. 481, the Military Equipment Use Policy, the HPD equipment inventory, and the HPD’s Annual Military Equipment Use Report, there were several themes and concerns that surfaced. These themes and concerns included the following:

- Concerns Regarding the Inclusion of CS (commonly referred to as “tear gas”) in the HPD’s inventory:

CS, or “tear gas”, is equipment commonly possessed by law enforcement agencies across California and the United States. It is a less-lethal force option designed for use during high-risk incidents, including riots and certain critical incidents (e.g., barricaded subjects, tactical operations, etc.). The use of CS during such high-risk incidents is strictly governed by HPD policy, AB No 48, and California Penal Code section 13652 and can only be used during qualifying incidents with the approval of an Incident Commander. Additionally, there is no effective alternative to CS the HPD, or any other California law enforcement agency, is aware of.

- Concerns Regarding the International Chemical Weapons Convention Ban on the Use of Riot Control Agents (RCAs) During Warfare:

According to the International Committee of the Red Cross (ICRC), the 1925 Geneva Convention led to the adoption of the Geneva Gas Protocol as international law and prohibits the use of asphyxiating, poisonous, or “any other” gases during war (the protocol does not specifically list CS or other gases). Additionally, according to the Organization for the Prohibition of Chemical Weapons (OPCW), the International Chemical Weapons Convention (CWC) confirmed the restriction of using “riot control agents (RCAs),” which are defined as “any chemical…which can produce rapidly in humans’ sensory irritation or disabling physical effects which disappear within a short time following termination of exposure (Article II (7)),” as methods of warfare.

However, Article II (9) provides for “Purposes Not Prohibited Under This Convention” and includes an exception for the use of RCAs by law enforcement for domestic riot control purposes (Article II (9)(d)), among others. Additionally, the UN, including the United States Military, has used RCAs during riots while assigned to peacekeeping missions. Further, the United States Naval Handbook acknowledges the international agreement to prohibit the use of RCAs as “methods of warfare,” but notes the CWC does not define that term (Section 10.3.2). The United States Naval Handbook also provides for the use of RCAs, with presidential approval, in “defensive military modes to save lives,” including “riot control situations in areas under effective U.S. military control, to include rioting prisoners of war (Section 10.3.2.1).”

- Concerns Regarding the HPD’s Use of “Military Equipment” During Protests/Demonstrations:

There exists a legal distinction between a protest or demonstration, which is a public expression of disapproval and is an individual right granted under the First Amendment of the United States Constitution’s Bill of Rights, and a riot. According to the California Penal Code Section 404(a), a riot is defined as “any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without the rule of law.” As such, the HPD would not use “military equipment,” including CS, during a protest or demonstration nor would “military equipment” be used indiscriminately on a crowd. Additionally, there exist HPD policies that restrict the use of “military equipment” during protests or demonstrations as a matter of routine and several statutes that clearly define the circumstances under which CS can be used in a riot (e.g., AB No. 48, California Penal Code Section 13652, etc.).

- Concerns Regarding the HPD’s “Military Equipment” Inventory Volume and Current Deployment Model:

The HPD’s equipment inventory volume, particularly the number of carbine rifles, rounds of ammunition, and CS/OC munitions, are based upon annual anticipated operational and training needs. Because the HPD cannot predict when or where critical incidents will happen, the HPD has carbine rifles in every patrol vehicle and motorcycle in the field, which has been a standard deployment model for years among California law enforcement agencies. In addition, the HPD maintains a pool of carbine

rifles for training and to replace those pulled from service for maintenance or repairs.

Ammunition needs are assessed annually and take into account projected training, including continuous professional training (CPT), SRU training, hiring (lateral officers and trainees in the academy), etc. CS/OC munitions have a five-year shelf life and, once they reach that point, they are used for training and replaced. The HPD often maintains overstock on these items as experiencing supply chain, shipping, or product manufacturing delays is commonplace, as we compete with other law enforcement agencies and the military when purchasing this equipment.

- Authorization for the Use of “Military Equipment”:

Most of the items included in the HPD’s equipment inventory are specifically maintained and used by the SRU during high-risk, critical incidents. Like the HPD, the SRU has a hierarchical structure, with a Commander (Lieutenant), Assistant Commander (Sergeant), and Team Leaders (Sergeants). When critical incidents occur, including those that don’t rise to the level of an SRU activation, the HPD utilizes the Incident Command Structure (ICS) where a Lieutenant is designated as the Incident Commander with operational control over HPD’s response. Authorization to use the “military equipment,” including the robot, UAS, command and control vehicles, breaching shotgun, NFDDs, chemical agents, or specialty impact munitions, rests with the Incident Commander and/or the Tactical Commander.

- Requests to Incorporate Exclusionary Language and Relevant Policy/Statute References in the Military Equipment Use Policy:

During the community engagement events referenced above, two specific requests surfaced regarding the HPD’s Military Equipment Use Policy (Policy 706). The first was to incorporate exclusionary language in the Military Equipment Use Policy to address the categories of “military equipment” not contained in the HPD’s inventory. In response to this request, the HPD included Section 706.6 (Military Equipment Exclusions) and incorporates language preventing the HPD from seeking to acquire, borrow, or use items that fall with in Category 3, Category 4, Category 6, Category 8, Category 9, Category 11, and Category 13 as outlined in AB No. 481. The second request was to specifically reference other relevant laws and/or policies in the Military Equipment Use Policy. In response to this request, Section 706.2 incorporates language requiring “military equipment” be used in accordance with all other applicable policies and laws. Those specifically referenced include HPD Policy 300 (Use of Force), HPD Policy 302 (Control Devices and Techniques), AB No. 48, and California Penal Code Section 13652.

Law Enforcement Support Office (LESO) Program

Formerly known as the 1033 Program, the U.S. Department of Defense Law Enforcement Support Office (LESO) Program permits the Secretary of Defense to transfer excess Department of Defense supplies and equipment to state and local law enforcement agencies for use in their law enforcement duties. This property is procured at no cost to the agency except for any shipping or transportation costs. The type of property available includes, but is not limited to, tactical gear, vehicles, watercraft, weapons, night vision, exercise equipment, office furniture, clothing, and other miscellaneous items. All equipment must be strictly accounted for and when no longer needed, agencies must request permission to turn in, transfer, or dispose of.

The LESO Program predominately assists with the agencies’ general equipment needs, such as file cabinets, blankets, and toolboxes that they need but perhaps are unable to afford. More than seventy percent (70%) of equipment through the program is DEMIL A which includes gym equipment, toilet paper, and first aid kits to name only a few of the DEMIL A items available. DEMIL A property saves California’s taxpayers millions of dollars annually.

As of June 2020, there are around 8,200 federal, state, and local law enforcement agencies from 49 states and four U.S. territories participating in the program.

FISCAL IMPACT

The items listed below are needed to replace, supplement, or upgraded items currently in the HPD’s inventory. All purchases have been forecasted and are included in HPD’s Operating and Capital Improvement Program budgets.

Robot $16,000
UAS (6) $75,000
Sniper Rifles (5) $10,000
Specialty Ammunition $50,000
NFDD’s (12) $1,017
Specialty Impact Munition Systems $4,740
TOTAL $156,757

NEXT STEPS

Upon renewal of the ordinance by Council, the HPD will continue to possess and use the authorized items in accordance with applicable policies and laws.

Prepared by: Garett Wagner, Lieutenant

Recommended by: Dustin Claussen, Interim City Manager Bryan Matthews, Chief of Police

Approved by:

________________________________________________________ Dustin Claussen, Interim City Manager

Attachment II

HAYWARD CITY COUNCIL

RESOLUTION NO. 24-___

Introduced by Council Member __________

ADOPT A RESOLUTION APPROVING THE HAYWARD POLICE DEPARTMENT’S ANNUAL MILITARY EQUIPMENT USE REPORT FOR APRIL 2023 THROUGH MARCH 2024 AND RENEWING ORDINANCE 22 -06 ADOPTING MILITARY EQUIPMENT USE POLICY NO. 706 IN COMPLIANCE WITH ASSEMBLY BILL NO. 481

WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481), relating to the funding, acquisition and use of “military equipment” by law enforcement agencies; and

WHEREAS, AB 481, codified at Sections 7070 through 7075 of Chapter 12.8 of Division 7 of Title 1 of the California Government Code, requires law enforcement agencies to obtain approval of the applicable governing body, by adoption of a military equipment use policy, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and

WHEREAS, the term “military equipment” is defined in California Government Code Section 7070(c); and

WHEREAS, on July 5, 2022, the Hayward City Council passed Ordinance No. 22 -06, adopting Military Equipment Use Policy No. 706, which was then posted to the City’s website making it publicly available in compliance with AB 48 . Both Ordinance No. 22 -06 and Military Equipment Use Policy No. 706 and it’s Inventory List are attached as Attachments IV, V, and VI, respectively, to the Council Staff Report and incorporated herein; and

WHEREAS, AB 481 also requires public agencies with military equipment use policies to prepare an annual military equipment use report within one year of approval of the military equipment use policy and annually thereafter for as long as the “military equipment” is available for use; and

WHEREAS, the City prepared an Annual Military Equipment Use Report for the period of April 2023 through March 2024, attached as Attachment III to the Council Staff Report and incorporated herein; and

Attachment II

WHEREAS, the Annual Military Equipment Use Report for the period of April 2023 through March 2024, was submitted to the City Council and posted on the City’s website on June 11, 2024. In addition, a community engagement meeting was held on May 29, 2024, wherein the public was invited to discuss and ask questions regarding the annual military equipment report and the Police Department’s funding, acquisition, and/or use of “military equipment”; and

WHEREAS, AB 481 also requires the City Council to review its military equipment use policy annually and vote on whether to renew the Ordinance.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward , California, as follows:

1. The above recitals are true and correct and incorporated herein.

2. Based on the annual military equipment report submitted pursuant to Government Code Section 7072, the City Council finds that each type of military equipment identified in th e report has complied with the standards of approval set forth in subdivision (d) of Section 7071, including:

A. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
B. The military equipment use policy will safeguard the public ’s welfare, safety, civil rights, and civil liberties; and C. The equipment is reasonably cost -effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
D. Prior military equipment use complied with the policies in effect at the time.

3. The Annual Military Equipment Use Report 2022-2023 is hereby approved, including the acquisition of additional equipment.

4. Consistent with Government Code Section 7071(e)(1), the City Council hereby ratifies and renews Ordinance No. 22-06.

Attachment II

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

300 W. Winton Ave Hayward, CA 94544
www.hayward-ca.gov/police-department
Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military Equipment Use ReportAnnual Military Equipment Use Report TABLE OF CONTENTS:

Our Mission, Vision, and Core Values ............................................................................................

Preface ............................................................................................................................................

Equipment Overview ..................................................................................................................

Background: Assembly Bill No. 481 ................................................................................................

Summary and Purpose of the use of the Military Equipment .....................................................

Results of Internal Audits or Violations ..........................................................................................

Annual Cost ....................................................................................................................................

Fiscal Impact ...................................................................................................................................

Quantity of Military Equipment ...................................................................................................

Projected Acquisitions for FY 2025 .........................................................................................

Conclusion .................................................................................................................................... 2 3
3-4
4 5-6
7 8
9 10
11-12
13 Attachment III

OUR MISSION, VISION, AND CORE VALUES
MISSIONTo enhance partnerships and trust with our community, reduce crime and improve the quality of life for thosewe serve.

VISIONTo have a highly trained and supported police department that helps build a safe and connected communitywhere people can live, work, and thrive.

CORE VALUESOur core values define us and provide a framework for how we operate. They say who we are and what we willand will not stand for as a department.

The seven core values of the Hayward Police Department include:

Accountability Employee WellnessHumility IntegrityLeadershipProfessionalismTrust and Respect In addition to these seven core values, it is important to recognize that each of these core values are made up ofother values and behaviors. For example, we recognize that for an officer to be professional, they must be ethicaland honest. Being a team player and communicating effectively are fundamental parts of each of the seven corevalues.

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
PREFACE:

The Hayward Police Department (HPD) is committed to maintaining public trust, community partnership, transparency, accountability, best practices, and compliance with the law. As such, the Department has developed and published this Military Equipment Use Report in accordance with Assembly Bill No. 481, Government Code § 7072 and HPD Military Equipment Use Policy. In July 2022, the Hayward City Council approved the HPD’s use of the listed equipment. This document reports on information covering the period of April 2023-March 2024. The following information is included in this report (Government Code § 7072(a)):

A summary of how the military equipment was used and the purpose of its use; 1.

A summary of any complaints or concerns received concerning the military equipment; 2.

The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;

3. The total annual costs for each type of military equipment, including acquisitions, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;

4. The quantity possessed for each type of military equipment; and5.

The additional military equipment HPD intends to acquire in the next year, and the quantity sought for each type of military equipment.

6. EQUIPMENT OVERVIEW:

The term “military equipment,” as used in the legislation, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment,” include, but are not limited to equipment such as unmanned vehicles, command and control vehicles, armored vehicles, less lethal shotguns, and noise flash diversionary devices. These types of equipment, as well as others considered “military equipment” under AB No. 481, are commonly used, and employed by law enforcement agencies across the country to enhance community members' and officer's safety.

It is the policy of the Hayward Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment." "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST).

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
EQUIPMENT OVERVIEW CONT'D:
"Military equipment," which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:

Hayward Police Department Policy 300 (Use of Force)
Hayward Police Department Policy 302 (Control Devices and Techniques) California Assembly Bill No. 481
California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents) The Hayward Police Department acknowledges the historical use of certain police equipment to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective. As such, this policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

BACKGROUND - ASSEMBLY BILL 481:

On September 30, 2021, Governor Newsom signed a series of eight (8) pieces of policing reform legislation aimed at increasing transparency around policing. AB No. 481, authored by Assembly Member David Chiu (D-San Francisco), was one of those pieces of legislation. AB No. 481, which became effective on January 1, 2022, was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have designated as "military equipment."
AB No. 481, codified in Government Code section(s) 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a written Military Equipment Use Policy, via ordinance, at a public hearing, before law enforcement agencies may take certain actions relating to the funding, acquisition, or use of military equipment, as defined by the legislature.

Once approval is granted, AB No. 481 requires law enforcement agencies to submit an annual Military Equipment Use Report to the City Council, summarizing the use of each type of equipment, complaints received, internal audits and information about violations of the Military Equipment Use Policy, the cost of military equipment, and other similar information. This annual Military Use Report must be posted to the law enforcement agency’s website and the law enforcement agency must hold at least one community engagement meeting for the general public to discuss the Report. On an annual basis, the City Council must review the Military Use Policy and ordinance as well as the Military Equipment Use Report and vote on whether to renew the ordinance.

The full text of AB No. 481 is available at:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT:

This section outlines the military equipment usage for April 2023-March 2024 by Hayward Police Department.Certain items of military equipment, particularly consumables (ammunition, diversionary devices, chemicalagents, etc.) are used throughout the year on a regular basis for training to maintain proficiency. This section onlyprovides data for the OPERATIONAL USE of military equipment listed within this annual report. The merepossession of the equipment does not warrant its use for every incident. The following is the data for militaryequipment usage by category for this reporting period:

1. Robot:The two Avatar tactical robots were utilized 1 time during this reporting period. These deployments include: Assisting with a search during a Special Response Unit (SRU) operation

2. Unmanned Aircraft Systems (UAS) Program:The Unmanned Aircraft Systems were utilized a total of 64 times during this reporting period. These deploymentsinclude: HomicideBurglaries in progressRobberies in progressCarjackingsSearch warrant and arrest warrant operationsStolen vehiclesSearch for missing personsBarricaded suspectsSubjects armed with a gunKidnappingSideshow activity

3. Armored Personnel Carrier:The Armored Solutions Armored Rescue Vehicle (ARV) was utilized 19 times during this reporting period. Thesedeployments include:

SRU deployments for operationsPatrol Division deployments during critical incidents where there is an imminent threat to life

4. Command and Control Vehicle:The HPD Command Vehicle was utilized 2 times during this reporting period.Response to high risk and critical incidents.

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT CONT'D:

5. Breaching Apparatus/Shotgun Slugs:The Breaching Apparatus/Shotgun Slugs were utilized 0 times during this reporting period.

6. Carbine Rifles (.223 and 5.56 caliber):The Carbine Rifles were utilized 2 times during this reporting period.Patrol response to subject armed with a dangerous weapon

7. H&K MP5 and H&K PDW Entry Rifle (9mm caliber):The H&K MP5 and H&K PDW Entry Rifle were utilized 0 times during this reporting period.

8. PWS MK216-LE Precision Rifle (.308 caliber):The PWS MK216-LE Precision Rifle was utilized 0 times during this reporting period.

9. Remington 700 Long Rifle (.308 caliber):The Remington 700 Long Rifle was utilized 0 times during this reporting period.

10. Noise Flash Diversionary Device:A Noise Flash Diversionary Device (NFDD), commonly referred to as a “flashbang,” was utilized 2 times during thisreporting period. These deployments include: SRU response to high-risk, critical incidents including armed robbery/shooting investigations and barricadedsubjects

11. Chemical Agents “Tear Gas” (Oleoresin Capsicum):Chemical Agents were utilized 2 times during this reporting period. Two separate robbery/search/arrest warrant services during which the primary offender refused to come outof the residence.The offenders eventually surrendered and were taken into custody without incident.

12. Pepper Powder Less Lethal Launcher (FN 303):The Pepper Powder Less Lethal Launcher was utilized 0 times during this reporting period.

13. Specialty Impact Munitions Systems and Munitions (40mm Less Lethal):The Specialty Impact Munitions Systems and Munitions were utilized 0 times during this reporting period.

14. Specialty Ammunition Winchester .223 Ranger Power-Point 64 Grain Cartridge Winchester 5.56 Full Metal Jacket 55 Grain Cartridge Winchester .308 Match King 168 Grain Cartridge Winchester .223 Ranger Power-Point 64 Grain Cartridge ammunition was used during the incident describedabove with the Carbine Rifles.

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report

SUMMARY OF COMPLAINTS OR CONCERNS REGARDING THE MILITARY EQUIPMENT:

The Hayward Police Department is committed to responding to complaints, concerns, and questions received through any of the below methods in a timely manner.

There were 2 carbine rifles used in an officer involved shooting investigated by the Hayward Police Department’s Internal Affairs Unit during this reporting period.

There were 0 formal complaints related to the use of military equipment investigated by the Hayward Police Department’s Internal Affairs Unit during this reporting period.

Pursuant to California Government Code § 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in the policy by any of the following means:

By visiting HPD’s Internal Affairs Unit’s website:

Internal Affairs Unit I City of Hayward - Official website (hayward-ca.gov) By calling 510-293-7059
By mail sent to: Hayward Police Department, 300 W. Winton Ave., Hayward, CA 94544 In person to any supervisor or to the Internal Affairs Unit By visiting California's Commission on Peace Officer's Standards and Training website:

Public Complaints (ca.gov)

RESULTS OF INTERNAL AUDITS, OR VIOLATIONS OF THE MILITARY EQUIPMENT USE POLICY:

The Hayward Police Department did not have any policy violations with the deployment or use of military equipment during this reporting period.

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Robot1.

UAS2.

Armored Personnel Carrier3.

Command and Control Vehicle4.

Breaching Apparatus/Shotgun Slugs5.

Carbine Rifles6.

H&K MP5 and H&K PDW Entry Rifle7.

PWS MK216-LE Precision Rifle8.

Remington 700 Long Rifle9.

Noise Flash Diversionary Device10.

Chemical Agents "Tear Gas"11.

Pepper Powder Less Lethal Launcher12.

Specialty Impact Munitions 13.

Systems and Munitions

14. Ammunition

# EQUIPMENT Acquisition Training Maintenance ANNUAL COSTS:

The following is a breakdown of the costs associated with each piece of equipment, including the cost of acquisition, training, and maintenance.
*Total personnel costs over this period were $182,561. This total represents the personnel cost associated with training related to “Military equipment” denoted above with *. **There were no Storage or Transportation costs associated with owning/possessing equipment defined as “Military equipment” per AB No. 481.
$15,901
$74,642
$0
$0
$0
$18,020
$0
$0
$0
$0
$0
$0
$0
$130,595
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$43,676
$0
$3,335
$1,242
$542
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total: $239,158 $5,119$226,237
Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
FISCAL IMPACT:

The Hayward Police Department is budgeted for 333.5 full time employees. The operating budget for the department for the 2023-2024 fiscal year is $93,605,512.

The City of Hayward adopts an operating budget on a fiscal year basis (beginning July 1). The equipment owned and possessed by the department was approved in July of 2023 by the City of Hayward City Council. The cost of equipment purchases and expenditures is reflected in this report for April 2023-March 2024 pursuant to Assembly Bill No. 481.

During this reporting period, the Hayward Police Department spent approximately $470,514 for equipment and training specified in AB No. 481. The total expenditures represent 0.50% of the Hayward Police Department’s operational budget. No grant funding was utilized for training or equipment acquisition during this reporting p for equipment and training specified in AB No. 481. The total expenditures represent 0.50% of the Hayward Police Department’s operational budget. No grant funding was utilized for training or equipment acquisition during this reporting period.

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
QUANTITY OF MILITARY EQUIPMENT:

The following constitutes a list of military equipment utilized by the Department that meets the statutory definition of military equipment:

Robot (Current Quantity: 3)1.

Unmanned Aircraft Systems (UAS) (Current Quantity: 11)2.

Armored Personnel Carrier (Current Quantity: 1)3.

Command and Control Vehicle (Current Quantity: 1)4.

Breaching Apparatus/Shotgun Slugs (Current Quantity: 1/50)5.

Carbine Rifles (.223 or 5.56 caliber) (Current Quantity: 108)6.

H&K MP5 and H&K PDW Entry Rifle (9mm caliber) (Current Quantity: 2/2)7.

PWS MK216-LE Precision Rifle (.308 caliber) (Current Quantity: 5)8.

Remington 700 Long Rifle (.308 caliber) (Current Quantity: 5)9.

Noise Flash Diversionary Device (Current Quantity: 38)10.

Chemical Agents “Tear Gas” (Oleoresin Capsicum) (Current Quantity: 337)11.

Pepper Powder Less Lethal Launcher (FN 303) (Current Quantity: 2)12.

Specialty Impact Munitions Systems and Munitions (40mm Less Lethal) (Current Quantity: 17) 13.

Ammunition14.

Winchester .223 Ranger Power-Point 64 Grain Cartridge (Current Quantity: 23,600)a.

Winchester 5.56 Full Metal Jacket 55 Grain Cartridge (Current Quantity: 68,000)b.

Winchester .308 Match King 168 Grain Cartridge (Current Quantity: 2,000)c.

It should be noted that the numerical inventory of military equipment may fluctuate based upon a variety of reasons. Factors such as operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines or schedules may change the quantity of inventory. The Hayward Police Department is committed to providing the most accurate military equipment inventory and information at the time of the publication of this report. The current inventory list of HPD military equipment can be found at:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
PROJECTED ACQUISITIONS FOR FY 2025:

While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB No. 481 equipment may be necessary due to damage beyond that of repair. Replacement of these items will be handled on a case-by-case basis dependent on operational and departmental needs. These unexpected needs-based acquisitions will be in accordance with department policy and AB No. 481.

Consumable AB No. 481 military equipment acquisitions in the next 12 months will remain consistent with current department replenishment schedules and policies. Acquisitions and purchasing of these consumables will replenish quantities previously approved by the department.

Categories of consumables are as follows:

Ammunition- all calibers
Diversionary Devices
Chemical Agents
Specialty Munitions (40mm and Less Lethal Munitions)
Non-consumables are as follows:

Robot:

One additional robot patrol. The robot is smaller and can be thrown into a structure. It is also small enough to attach to an officer for easier deployment. The Robot is made by Recon Robotics and is called “Throwbot 2.” The average cost per robot is $16,000.

The funding for this purchase has been allocated through HPD's Operating budget to replace the Avatar robot SRU reallocated to the Patrol Division.

UAS:

Based on operational needs and functionality, an additional 6 UAS’s need to be purchased in FY 2025. Below is a list of the quantity of each UAS needed, including their capabilities.

Sxydio X10D (2) UAS that weighs approximately 4.6 pounds and can record video with approximately 25 minutes of flight time. Max flight speed of 45MPH and weather protection IP55, certified against dust and wind (US Manufacturer).

EXO Blackhawk 3pro (2) UAS that weighs approximately 600g and can record video with approximately 53 minutes of flight time. Max flight speed of 36MPH (US Manufacturer).

DJI Mini 4PRO (2) UAS that weighs 249g and can record 4K60 video in SDR,HDR, or D-Log M. Supports vertical video and upward camera tilt. Flight time of approximately 34 minutes and Max flight speed of 35MPH.

The total cost for the additional (6) UAS’s, including all accessories, batteries, and charging stations is $75,000.

The funding for this purchase has been allocated through HPD's Operating budget.

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
PROJECTED ACQUISITIONS FOR FY 2025 CONT'D:

Sniper Rifles:

The Department’s Special Response Unit’s sniper team anticipates the purchase of 5 new Remington 700 rifles.

The current rifles are over 30 years old and need to be replaced. The cost of each rifle is approximately $1,200 plus accessories. The total cost for the purchase of new rifles will not exceed $10,000.

Funding for this purchase has been allocated through HPD's Operating budget.

Specialty Ammunition:

There is an annual cost for specialty ammunition used by the department. Each year the cost varies depending on training, schools, and academy recruits. The Department’s annual budgeted purchase of specialty ammunition is $50,000.

Funding for this purchase has been allocated through HPD's Operating budget.

Noise Flash Diversionary Device (NFDD):

The Department plans to purchase a case of 12 NFDD’s in FY 2025. The cost for 12 NFDD’s is $1017.12 per case.

Funding for this purchase has been allocated through HPD's Operating budget.

Specialty Impact Munitions Systems and Ammunition:

The recommendation is for the Department to purchase 4 additional 40mm launchers in FY 2025. The 4 launchers will be placed into the Patrol Division’s inventory. The cost for this purchase is $4,740.

Funding for this purchase has been allocated through HPD's Operating budget.

Hayward Police DepartmentHayward Police Department
April 2023-March 2024April 2023-March 2024
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Use ReportUse Report
CONCLUSION:

This Annual Military Equipment Use Report is intended to not only adhere to the law and Hayward PoliceDepartment policy, but it also demonstrates our commitment to transparency with information provided to ourcommunity and elected officials. The equipment outlined in this report support Hayward Police Officers’ efforts toprotect our communities and enhance the safety of the public and officers. Our Police Department firmly believesresponsible use of the equipment described in this report enhances our ability to deliver the highest level ofprofessional, efficient, and effective service when faced with incidents requiring a thoughtful law enforcementresponse. Understanding law enforcement is a partnership between the police and community, we will continue to serveand do all we can to guard against unintended or undesirable outcomes. The HPD prides itself on “Excellence andAccountability.” General Contact information: By visiting HPD’s Internal Affairs Unit’s website: Internal Affairs Unit I City of Hayward - Official website (hayward-ca.gov)By calling 510-293-7059By mail sent to: Hayward Police Department, 300 W. Winton Ave., Hayward, CA 94544 For more information on HPD’s Military Equipment visit:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

Attachment IV

Policy
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Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

Assembly Bill 481 (AB 481), signed into law on September 30, 2021, requires law enforcement agencies to create a policy establishing guidelines and requirements for the funding, acquisition, and use of "military equipment" (Government Code § 7070, 7071, and 7072), including requirements to host informational meetings with the public, generate annual "military equipment" use reports, and seek annual approval from their respective governing bodies. The purpose of this policy is to make sure that safeguards exist, including transparency, governing body oversight, and accountability measures, to ensure the funding, acquisition, and use of "military equipment" is consistent with the provisions set forth by the governing body and as outlined in AB 481. This policy will also provide the public with a transparent view of the "military equipment" utilized by the Hayward Police Department.
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The City of Hayward's Mayor and City Council.

Exigent Circumstances - A law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

Military equipment - Includes but is not limited to the following:
• Category 1 - Unmanned, remotely piloted, powered aerial or ground vehicles. • Category 2 - Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • Category 3 - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one- half-ton trucks,five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Category 4 - Tracked armored vehicles that provide ballistic protection to their occupants. • Category 5 - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Category 6 - Weaponized aircraft, vessels, or vehicles of any kind. • Category 7 - Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram.
• Category 8 and 9 - Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

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• Category 10 - Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.
• Category 11 - Any firearm or firearm accessory that is designed to launch explosive projectiles. • Category 12 - Noise-flash diversionary devices, explosive breaching tools, "tear gas", and "pepper balls", excluding standard, service-issued handheld pepper spray. • Category 13 - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Category 14 - Kinetic energy weapons and munitions.
• Category 15 - Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Hayward Police Department that members of the department comply with the provisions of Government Code§ 7071 with respect to qualifying "military equipment". "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training {POST}.

See the Military Equipment Inventory List (see below), attached hereto as Exhibit A for associated "military equipment" training requirements.
"Military equipment", which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:
• Hayward Police Department Policy 300 (Use of Force)
• Hayward Police Department Policy 302 (Control Devices and Techniques) • California Assembly Bill No. 48
• California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents)
The Hayward Police Department acknowledges the historical use of certain police equipment to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective. As such, this policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

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706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of the Hayward Police Department to act as the Military Equipment Coordinator. The responsibilities of the Military Equipment Coordinator include but are not limited to:
(a)Acting as liaison to the governing body for matters related to the requirements of this policy. {b) Identifying Hayward Police Department equipment that qualifies as "military equipment'' in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all "military equipment" at least annually. The inventory list shall include the following:

1. The manufacturer's description of the equipment.

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Hayward Police Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for ongoing maintenance.

6. The quantity of the equipment, whether maintained or sought. (d) Collaborating with any allied agency that may use "military equipment" within the jurisdiction of Hayward Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Hayward Police Department's funding, acquisition, and use of equipment.
(f) Preparing the annual "military equipment" report for submission to the Chief of Police and ensuring that the report is made available on the Hayward Police Department's website (Government Code§ 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of "military equipment", and how the Hayward Police Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The Hayward Police Department shall prepare a Military Equipment Inventory List, which shall include the following information:

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(a) A description of each type of "military equipment", the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the "military equipment". (b) The purpose and authorized use for which the Hayward Police Department proposes to use each type of "military equipment".
(c) The fiscal impact of each type of "military equipment", including initial costs of obtaining the equipment and estimated annual cost of maintaining the equipment. (d) The legal and procedural rules that govern each authorized use. (e) The training, including any course required by POST, that must be completed before any Department member is allowed to use each specific type of "military equipment" to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment Use Policy.

The Military Equipment Inventory List shall be updated as necessary due to directives from the governing body or a change in the inventory. The Military Equipment Inventory List and associated amendment(s) shall be submitted to the governing body and the public via the Hayward Police Department's website at least 30 days prior to any public hearing concerning this policy.

The current Military Equipment Inventory List is attached in the EXHIBIT A - MILITARY EQUIPMENT INVENTORY LIST subsection below
706.4.1 MILITARY EQUIPMENT EXCLUSIONS
The Hayward Police Department acknowledges the list of "military equipment", as outlined in AB 481, is extensive and includes items that members of the department shall not seek to acquire, borrow, or use. These "military equipment" items include those that fall within the following categories:
# Category 3 - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one- half-ton trucks,five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. # Category 4 - Tracked armored vehicles that provide ballistic protection to their occupants. # Category 6 - Weaponized aircraft, vessels, or vehicles of any kind. # Category 8 and 9 - Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
# Category 11 - Any firearm or firearm accessory that is designed to launch explosive projectiles. # Category 13 - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
706.4.2 PROCUREMENT AND USE IN EXIGENT CIRCUMSTANCES
Notwithstanding the provisions of this policy, the Hayward Police Department may acquire, borrow, and/or use "military equipment" in exigent circumstances without following the requirements of this policy.

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If the Hayward Police Department acquires, borrows, and/or uses "military equipment" in exigent circumstances, in accordance with this section, the following action must be taken:
(a) The Chief of Police or the authorized designee must provide written notice to the governing body within 30 days following the commencement of the exigent circumstances, unless such information is confidential or privileged under local, state, or federal law. (b) If it is anticipated the use will continue beyond the exigent circumstances, the Chief of Police or the authorized designee must submit a proposed amendment to the Military Equipment Use Policy to the governing body within 90 days and the Hayward Police Department may only continue use if approved, as applicable, by the governing body.
(c) The Chief of Police or the authorized designee must include the acquisition, borrowing, and/ or use of the "military equipment" in the next annual Military Equipment Report. 706.5 APPROVAL
The Hayward Police Department shall obtain approval from the governing body annually prior to engaging in any of the following activities:
(a} Requesting "military equipment" made available pursuant to section 2576a of Title 1O of the United States Code.
{b} Seeking funds for military equipment including, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. {c) Acquiring new "military equipment", either permanently or temporarily, including by borrowing or leasing.
{d} Absent exigent circumstances, collaborating with another law enforcement agency in the deployment or other use of "military equipment" within the territorial jurisdiction of the governing body.
{e) Absent exigent circumstances, using any new or existing "military equipment" for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to policy. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of "military equipment".

The Hayward Police Department shall submit a proposed Military Equipment Use Policy (this policy}, or associated amendments, to the governing body and the public via the Hayward Police Department's website at least 30 days prior to any public hearing concerning the "military equipment" at issue.
706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

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706.7 ANNUAL REPORT
Upon approval of this Military Equipment Use Policy, the Chief of Police or the authorized designee shall submit an annual Military Equipment Report to the governing body for each type of "military equipment" approved and in the Hayward Police Department inventory. This report must be submitted to the governing body within one year of approval, and annually thereafter for as long as the "military equipment" is available for use. Each annual report shall be made publicly available on the Hayward Police Department's website for as long as the "military equipment" is available for use.

The annual Military Equipment Report must address each type of "military equipment" approved for department use and shall, at a minimum, include the following information for the preceding year for each type of "military equipment":
(a) A summary of how the "military equipment" was used and the purpose of its use. (b) A summary of any complaints or concerns received regarding the "military equipment". (c) The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
(d) The total annual cost for each type of "military equipment", including acquisition costs, personnel costs, training costs, maintenance costs, and other ongoing costs, and from what funding source these costs came from.
(e) The quantity possessed for each type of "military equipment". (f) If the Hayward Police Department intends to acquire additional "military equipment" in the next year, including the nature of the items and quantity sought 706.8 POLICY COMPLIANCE AND SUBMITTING COMPLAINTS
The Chief of Police or the authorized designee will ensure that all Hayward Police Department employees comply with this policy. Suspected violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", shall be referred to the Internal Affairs Unit and handled in accordance with Hayward Police Department Policy 324 (Standards of Conduct). Additionally, violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", will be reported to the governing body via the annual Military Equipment Report.

Any member of the community can submit a complaint regarding the use of "military equipment" to any City Council member, the City Manager's Office, the City Attorney's Office, the Human Resources Office, via Access Hayward, or to any Hayward Police Department employee.

Complaints can be submitted in any form (e.g., in person, telephone, email, etc.). Once a complaint is received, it will be referred to the Internal Affairs Unit and handled in accordance with Hayward Police Department
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Hayward Police Department Policy 324 (Standards of Conduct) and HPD Policy 1011 (Personnel Complaints).
706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the [Department/Office] shall hold at least one well-publicized and conveniently located community engagement meeting, at which the [Department/Office] should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 706.9.1 EXHIBIT A - MILITARY EQUIPMENT INVENTORY
The following is a list of "military equipment", as defined in AB 481, which HPD currently has in its inventory. The equipment items listed below are authorized for use to resolve high-risk and/or critical incidents, including but not limited to the following:
• High-risk offender apprehension
• Barricaded subjects
• Hostage rescue
• Dignitary protection
• Riot control.
• Active shooter response
• In-progress violent crimes
• Response to armed subjects or subjects wearing body armor. • Other situations which could result in great bodily injury or death to officers or community members.

The use of the equipment items below must be proportionate to each incident officers respond to and the HPD's Risk Assessment Matrix is designed to assist in such decision making.

CURRENT EQUIPMENT:

1. Robot (Category 1)
(a) Description, quantity, capability, and purchase cost:

Avatar Tactical Robot - Unit Cost: $30,000 (purchased under a Bay Area UASI grant). Quantity:

2. This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help Hayward Police Department
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determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to communicate, de-escalate, and determine resistance level.

Throwbot 2 – Unit Cost: $16,000. Quantity: 1. This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations.

Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to communicate, de- escalate, and determine resistance level.
(b) Purpose:

To be used to remotely gain visual/audio information during high-risk incidents, deliver CNT phone, open doors, and clear buildings.
(c) Authorized Use:

Only members of the department who have been trained in the use of the robot shall be permitted to operate the robot. Use is authorized by the onscene Incident or Tactical Commander and shall comply with all associated HPD and City policies regarding privacy. (d) Expected lifespan:
10 years
(e) Fiscal Impact:

No known annual maintenance cost.
(f) Training Requirements (initial and ongoing):

Initial training on how to operate the robot is the only requirement. There is no ongoing training or POST certifications required.

2. Unmanned Aerial Systems (UAS/Drones) - (Category 1)
(a) Description, quantity, capability, and purchase cost:

DJI Matrice 30T: UAS offering up to approximately 41 minutes of flight time, and approximately 36 minutes of hovering time. This UAS has advanced AI capabilities, and 6 directional sensing and positioning. The UAS enables transmission up to 15km away and supports triple channel 1080p video and offers real time auto switching between 2.4Ghz and 5.8Ghz for a more reliable flight near high interference environments. AES-256 encryption provides secure data transmission.

Dual zoom camera with thermal and color. IP 55 waterproof rating. The smart battery pack has the following built-in safety features: Anti-Backflow, Short Circuit, Over Voltage, Over Current, and Temperature.

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Quantity: 2
Cost: $ 13,000
DJI Mavic 3T: UAS that offers significantly improved imaging and performance due to its 4/3 CMOS Hasselbald camera and 24mm-equivelent lightweight lens. This UAS weighs approximately 2.02 pounds, has a color and thermal camera, and can record video with approximately 46 minutes of flight time and a hover time of 40 minutes. The tele lens of the dual-camera system supports explore mode for 28x hybrid zoom, allowing to see more of the environment with ease. The DJI Mavic 3 is equipped with an omnidirectional sensing system, which is multiple wide-angle vision sensors onboard which work together seamlessly with a high- performance vision computing engine to sense obstacles in all directions precisely and plan a safe flight route that avoids obstacles.

Quantity: 2
Cost: $7,800
DJI Mavic Mini 3 Pro: The updated version of the DJI Mavic Mini 2. This UAS uses 48MP camera, up to 4K/60FPS videos and 4K/ 30fps HDR videos. It has a flight time of approximately 34 minutes and forward/backward/downward tri-directional dual-vision obstacle sensing system.

The Advanced Pilot Assistance Systems detects objects in the aircraft's flight path in real-time.

This allows the DJI Mini 3 PRO to avoid obstacles, even in complicated environments.

Quantity: 2
Cost: $1,800
DJI Mavic Enterprise 2 Advanced: The DJI Mavic Enterprise 2 Advanced features a 35mm format camera with 48 MP visual camera and high resolution 640 x 512 Thermal Resolution. The cameras can capture up to UHD 4K resolution video at 30fps, or thermal imaging images and temperature data. The Mavic Enterprise 2 can reach speeds of up to 44.7 mph, and the four cell LilPo battery provides approximately 31 minutes of flight time. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic Enterprise 2 also has omnidirectional obstacle sensing.

Quantity: 2
Cost: $6,500
DJI Mavic Mini 2: Miniature UAS that weighs approximately 249 grams and is capable of audio/ video recording with an approximate flight time of 30 minutes. Uses a 12MP camera along with 4K video. This UAS can resist 29-38kph winds and take off at a max altitude of 4,000 meters.

Quantity: 2
Cost: $1,400
Brinc Lemur 2: The Brinc LEMUR 2 is an advanced commercial-grade UAV specifically designed for interior use. This UAV is a battery powered, remote operated device. The controller facilitates Hayward Police Department
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two-way conversation between first responders and people they need to help through a set of two ultra-sensitive microphones and a small lightweight loudspeaker. The controller allows operators to control the UAV and view live feed from UAV-mounted cameras. Flight time of approximately 30 minutes per battery, depending on weather and flight conditions. Furthermore, the Brinc is equipped with a 4k digital camera with thermal capability for better viewing and range overall but also in low light environments. It is also equipped with a LiDAR sensor which provides a 3D map of the path of the UAV as it flies which can be viewed live, as well as the camera view, within a smartphone application. A new mesh network is also installed in the UAV which allows for a stronger and more sustainable video and control signal.

Quantity: 1
Cost: $22,000
Purpose:

The UAS will only be used in situations where reasonable suspicion exists, pursuant to a warrant, or during situations where exigent circumstances exist or where public safety needs outweigh privacy expectations. This policy may not encompass every situation officers will encounter in the field and deviations may be necessary and justified. Any deviations from this policy will be reviewed on a case-by-case basis.

To be deployed when its capabilities would assist members of the Hayward Police Department with the following situations, including, but not limited to:
(a) Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants.
(b) Mass casualty events
(c) Lost or missing persons,
(d) Search and rescue events,
(e) Disaster response and recovery,
(f) Suspected explosive devices,
(g) Fire suppression or investigation,
(h) Hazardous material releases,
(i) Post-incident crime scene preservation and documentation, (j) Pursuant to a search warrant,
(k) Mass gatherings or special events where security concerns exist, or criminal activity is occurring,
(l) Training missions,
(m) In support of the Hayward Fire Department when the underlying mission meets the uses outlined in this policy
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(n) Mutual Aid support when the underlying mission meets the uses outlined in this policy. (b) Authorized Use:

All UAS operators are certified in the operation of UAS by successful completion of an approved training course. The pilot must meet standards required by the FEDERAL Aviation Administration (FAA) and obtain an FAA Part 107 (Remote Pilot) license. (c) Expected lifespan:
5 years
(d) Fiscal Impacts:

Costs associated with the purchasing and replacement/repair of UAS equipment, software updates, training, and built-in overtime is approximately $80,000. (e) Training Requirements (initial and ongoing):

UAS initial training (required):
• Passing the Part 107 test required by the FAA to operate a UAS. • HPD training on the operations manual, proper reporting forms, HPD policy, and HPD procedure
• 8-hour flight training on how to operate the UAS properly and efficiently • UAS written test on the operations manual and HPD policy UAS ongoing training (required):
• Each UAS deployment is considered ongoing training
• The UAS team meets quarterly
• Joint training with allied agency UAS teams
• Annual UAS written test on the operations manual and HPD policy

3. Armored Personnel Carrier (Category 2)
(a) Description, quantity, capability, and purchase cost:

Armored Solutions Armored Rescue Vehicle - Unit Cost: $82,660.00. Quantity: 1. The ARV is a Ford F550 truck designed to provide ballistic protection during high-risk incidents. It is designed to withstand multiple bullet impacts and low- level explosions. The ARV is equipped with emergency lights, siren, and a public address system for communications. It is not weaponized, nor does it contain any breaching apparatuses. Common uses of the ARV include community member or officer rescues, evacuations, and it provides ballistic protection for officers during in-progress, high-risk incidents. The ARV is also a regional mutual-aid asset, which has been requested by and deployed to assist neighboring agencies in Alameda County. (b) Purpose:

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To be used during responses to high-risk incidents to enhance the safety of community members and officers, improve scene containment and stabilization, and to contribute to the safe resolution of evolving critical events.
(c) Authorized Use:

The use of the ARV can be requested by any Officer based on the specific circumstances of in-progress, high-risk incidents, or high-risk planned operations. The ARV shall only be used by Officers trained in its deployment and in a manner consistent with departmental training. Use shall be authorized by the Special Operations lieutenant or the on-duty Watch Commander. (d) Expected Lifespan:
20 years
(e) Fiscal Impact:

Annual maintenance cost of approximately $1,050.
(f) Training Requirements (initial and ongoing):

There are no POST certifications required for use of the Armored Personnel Carrier. HPD's Armored Personnel Carrier initial training requirements:
• How to operate the different functions, placement considerations, and appropriate usage of the vehicle
HP0's Armored Personnel Carrier ongoing training requirements:
• Refresher training for all officers on the different functions, placement considerations, and appropriate usage of the vehicle

4. Command and Control Vehicle (Category 5)
(a) Description, quantity, capability, and purchase cost:

Freightliner MT-55 L0V Model C34MCC-10- Unit Cost: $387,672.00. Quantity: 1. The Command Vehicle is a bus style vehicle with front and rear doors. It is painted white with HPD markings affixed to the front, sides, and rear of the vehicle. There are 2 separate internal office-style working spaces, most used by Dispatch or Crisis Negotiations personnel. It can be used as a field-based, mobile command center for major incidents and as a backup Communications Center for the City.

The Command Vehicle is also capable of transporting equipment and personnel. (b) Purpose:

To be used as a field-based mobile command center, communications center, and crisis negotiations center during major incidents. It also serves as a backup Communications Center in the event the City's primary Communications Center experiences technical issues. (c) Authorized Use:

The Command Vehicle can be requested by any member of the department for use in the field during major incidents. Use of the Command Vehicle shall be approved by the Special Operations Lieutenant and can only be operated by members of the department specifically trained in its use.

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(d) Expected Lifespan:
20 years
(e) Fiscal Impact:

Annual maintenance cost of approximately $840.
(f) Training Requirements (initial and ongoing):

Initial training is required for employees assigned as drivers of the Command Vehicle. The training consists of overall familiarization, how to operate the vehicle's equipment, and how to safely drive the vehicle. There is no ongoing training or POST certifications required.

5. Breaching Apparatus: Shotgun Slugs (Category 7)
(a) Description, quantity, capability, and purchase cost:

Royal Arms Tesar-2. Unit Cost: $4 per round. Quantity: 50. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the locking mechanism inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the locking mechanism to minimize entry into the target space for the safety of occupants and operators.

These rounds are designed to breach heavy locks, deadbolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar-2 rounds are good until they are expended if stored properly. (b) Purpose:

To gain rapid entry into a structure during critical incidents. (c) Authorized Use:

Only members of the department assigned to the SRU who have been trained in the use of a breaching shotgun shall deploy a breaching shotgun in the field. Shotgun breaching may only occur after authorization by the Incident Commander or Tactical Commander in the field and during training exercises.
(d) Expected Lifespan:

Until expended.
(e) Fiscal Impact:

Replaced as needed (estimated $0 to $200 annually).
(f) Training Requirements (initial and ongoing):

Initial and ongoing training in the safe and appropriate use of the breaching shotgun is provided by POST certified instructors. The initial and ongoing training requirements are the same and consist of an overview of the breaching shotgun, breaching slug capabilities, safe and appropriate operation of the breaching shotgun, and deployment considerations (including when not to use). Members of the department assigned to the SRU conduct annual training on breaching, Hayward Police Department
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including the use of the breaching shotgun, and must demonstrate proficiency through the practical application of this equipment.

6. Specialized Firearms and Ammunition (Category 10)
(a) Description, quantity, capability, and purchase cost:
(a) Carbine Rifle - Unit Cost: $1,039.75. Quantity: 108. The carbine rifle is a firearm capable of stopping an armed subject at various distances. It is a light weight, air- cooled, gas operated, magazine fed, shoulder fired weapon capable of operating in semi-automatic and selective fire modes. These rifles fire a.223 or 5.56 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects. (b) H&K MPS and H&K MPS POW entry rifle - Unit Cost: $1,200. Quantity: 4. The H&K MPS and MPS POW are firearms capable of stopping an armed subject at various distances. They are a light weight, magazine fed, shoulder fired weapon capable of operating in semi-automatic and selective fire modes. These rifles fire a 9mm caliber cartridge.
(c) PWS MK216-LE.308 precision rifle -Unit Cost: $1,994.99. Quantity: 5. The PWS MK216-LE is a precision rifle capable of stopping an armed subject at various distances. It is a magazine fed, shoulder fired weapon capable of operating in semi- automatic mode. This rifle fires a.308 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects and is utilized by the department's Special Response Unit during high-risk situations.
(d) Remington 700.308 long rifle - Unit Cost: $1,300. Quantity: 5. The Remington 700 is a long-range firearm capable of stopping an armed subject at various distances.

It is a bolt action, shoulder fired weapon capable of firing single precision shots out to significant distances. This rifle fires a.308 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects and is utilized by the department's Special Response Unit during high- risk situations.
(e) Winchester.223 Ranger power-point 64 grain cartridge -Unit Cost: $9.76 (per 20 rounds). Quantity: 23,600. The.223 cartridge is the primary duty ammunition for the department's carbine rifles.
(f) Winchester 5.56 full metal jacket 55 grain cartridge - Unit Cost: $7.16 (per 20 rounds). Quantity: 68,000. The 5.56 cartridge is the primary training ammunition for the department's carbine rifles.
(g) Winchester.223 Ranger frangible 55 grain cartridge - Unit Cost: $12 (per 20 rounds).

Quantity: 1,000. The.223 frangible cartridge is training ammunition used by the Special Response Training during live-fire exercises.
(h) Winchester.308 match king 168 grain cartridge - Unit Cost: $50 (per 20 rounds).

Quantity: 2,000. The.308 cartridge is both duty and training ammunition for the PWS MK216-LE and Remington 700 rifles, which are specifically used by the department's Special Response Unit.
(b) Purpose:

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Military Equipment - 15
To be used during high-risk situations, including those where precision and distance are factors, as they are more accurate and effective than standard issued department firearms. (c) Authorized Use:

Use of the firearms listed above are governed under HPD Policy 300 (Use of Force), which defines deadly force as that which is likely to cause serious bodily injury or death. Only department members who are POST certified and who show proficiency during department training are authorized to carry a carbine rifle. The H&K MPS, H&K MPS POW, PWS MK216-LE, and Remington 700 are - firearms that are only authorized for use by specially trained members of the department's Special Response Unit.
(d) Expected Lifespan:
(1) Carbine rifles -10 years or sooner depending on usage in training. (2).308 rifles -10-15 years or sooner depending on usage in training. (3) Ammunition - No expiration if stored properly.
(e) Fiscal Impact:

All rifles are inspected and serviced annually by certified department armorers. They are replaced according to date of purchase and as needed depending on usage. (1) Carbine rifles - Annual replacement and service costs between $10,000 and $20,000 (2).308 rifles - Annual replacement and service costs between $0 and $10,000 (3) Ammunition -Annual replacement costs between $50,000 and $100,000 (f) Training
Requirements (Initial and ongoing):
(a) Carbine rifle initial required training (all officers):
o POST certified basic academy rifle training and qualification (provided by POST certified instructors)
o POST certified 2-day rifle course and qualification (provided by POST certified instructors)
o HPD training on policy, procedure, and safety considerations o Safety test
Carbine rifle ongoing required training {all officers):
• Annual POST certified rifle training and qualification (provided by POST certified instructors)
• Annual HPD review of policy, procedure, and safety considerations. • Bi-annual firearms training at an approved range (provided by POST certified instructors)
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Military Equipment - 16
(2) H&K MPS and POW initial training (SRU members only):
• o POST certified SRU firearms/rifle training and qualification (provided by POST certified instructors)
o Training on policy, procedure, and safety considerations Safety test H&K MPS and POW ongoing training (SRU members only):
• Annual POST certified firearms training and qualification (provided by POST certified instructors)
• Five additional SRU firearms trainings throughout the calendar year • Training on policy, procedure, and safety considerations • Safety test
(c) PWS MK216-LE.308 precision rifle and Remington 700.308 long rifle initial training (SRU members only):
o 48-hour POST certified basic sniper school (provided by POST certified instructors)
o SRU precision rifle training and qualification (provided by POST certified instructors)
o Review of policy, procedure, and safety considerations o Safety test
(d) PWS MK216-LE.308 precision rifle and Remington 700.308 long rifle ongoing training (SRU members only):
o HPD annual precision rifle training and qualification (provided by POST certified instructors)
o Bi-monthly precision rifle training (provided by POST certified instructors) o Review of policy, procedure, and safety considerations o Safety test
NOTE: All ammunition listed in this category is utilized at the firearms trainings referenced above.

The amount of ammunition varies depending on the training course and required qualifications.

7. Noise Flash Diversionary Device (Category 12)
(a) Description, quantity, capability, and purchase cost:

NFDD 7290M - Unit Cost: $82.27. Quantity: 38. A noise flash diversionary device {NFDD), often referred to as a "flashbang", is a device designed to create a bright flash of light and a loud sound to temporarily divert the attention of a subject in the area where it is deployed. NFDDs are used to distract and temporarily disorient dangerous subjects by overwhelming their senses of sight and hearing. This allows members of the department to take control of high-risk situations and/or accomplish legitimate law enforcement objectives during critical incidents. NFDDs are not weapons as they do not fragment as a military grenade would and oversight of the department's Hayward Police Department
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Military Equipment
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Military Equipment - 17
purchase/use of NFDDs is performed by the Federal Department of Alcohol, Tobacco, Firearms, & Explosives (commonly referred to as the ATF).
(b) Purpose:

To be used during high-risk situations to obtain a tactical advantage or to establish control by creating a diversion.
(c) Authorized Use:

NFDDs are under the oversight of the ATF and may only be used by specially trained members of the department's Special Response Unit during high-risk situations or during training. (d) Expected Lifespan:
5 years (manufacturer shelf life)
(e) Fiscal Impact:

Varies depending on usage and training ($0 to $1,000}
(f) Training Requirements (initial and ongoing):

NFDD initial training (SRU members only):
• POST certified NFDD instructor training (provides POST certification for HPD instructors)
• POST certified basic SWAT school (provided by POST certified instructors) • Review of policy, procedure, and safety considerations NFDD ongoing training (SRU members only):

NFDD ongoing training (SRU members only):
• Annual NFDD training for members of the SRU (provided by POST certified instructors)
• Review of policy, procedure, and safety considerations NOTE: NFDD programs are under federal oversight by the Bureau of Alcohol, Tobacco, Firearms, & Explosives.

8. Chemical Agents ''Teargas" (Category12)
(a) Description, quantity, capability, and purchase cost:
(1) 2-chlorobenzylidene malononitrile (CS}- Unit Cost: Depends on the munition (see fiscal impact). CS is used by law enforcement agencies across the country. CS, commonly referred to as "tear gas", is an irritating agent and a lachrymator (irritates the eyes, causing tears and mucous flow). It can be delivered in a variety of ways and can be used by the department as a less- lethal force option during high-risk incidents, including riots and barricaded subjects. The types of CS munitions in the department's inventory are as follows (the contents are the same, but the delivery systems for each munition are different):
• 49 Model 1292 40 mm CS
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Military Equipment - 18
• 58 Model 4441 CTS 40mm CS
• 58 Model 4401 CTS 40mm training round
• 10 Model 2430 CTS CS 12ga round
• 10 Model 2440 CTS OC 12ga round
• 28 Model 5440 CTS OC Flameless
• 28 Model 5430 CTS CS Flameless
• 27 Model 5230B CTS Baffled Riot
• 18 Model 5231 CTS Triple Phaser
• 10 Model 1082 Def Tech Riot Control
• 20 Model 6340 CTS OC Aerosol
• 6 Model 1032 CS Flameless Tri-Chamber
• 3 Model 1072 CS Speed Heat
(2) Oleoresin Capsicum (QC) - Unit Cost: Depends on the munition (see fiscal impact). QC is used by law enforcement agencies across the country. OC, commonly referred to as "pepper spray", is an irritating agent that causes involuntary closure of the eyes, mucous flow, and temporary respiratory inflammation. Its primary ingredient is capsaicin, which is found in chili peppers, and QC is available to the public for purchase. It can be delivered in a variety of ways and can be used by the department as a less-lethal force option during high-risk incidents, including riots and barricaded subjects. The types of QC munitions in the department's inventory are as follows (the contents are the same, but the delivery systems for each munition is different):
• 6 Model 2040 QC Expulsion
• 6 Model 3090 QC Shotgun ferret rounds
(b) Purpose:

To be used as a less-lethal force option during high-risk situations, including but not limited to those involving dangerous or combative subjects, riots, or when a tactical advantage needs to be obtained.
(c) Authorized Use:

Only members of the department who are POST certified to use chemical agents are authorized to do so. The use of the above-listed munitions is only authorized for specially trained members of the department's Special Response Unit. Additionally, these munitions may only be used for crowd control purposes within the provisions outlined in AB 481 and Penal Code Section 13652. (d) Expected Lifespan:
5 years (manufacturer shelf life)
(e) Fiscal Impact: Varies depending on usage and training ($0 to $5,000) Hayward Police Department
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Military Equipment - 19
(f) Training Requirements (initial and ongoing):

Chemical agents "tear gas" initial training (SRU members only):
• POST certified basic academy chemical agent training (provided by POST certified instructors - includes direct exposure for all students) • POST certified basic SWAT school (provided by POST certified instructors) • POST certified chemical agent instructor school (provided by POST certified instructors - for SRU instructors only)
• HPD SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors)- includes direct exposure for all SRU members.
• HPD SRU training on safety protocols
Chemical agents "tear gas" ongoing training (SRU members only):
• Annual SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors) - includes direct exposure for all SRU members.
• Annual review of safety protocols

9. Pepper Powder Less Lethal Launcher (Category 14)
(a) Description, quantity, capability, and purchase cost:

FN 303 Less Lethal Launcher - Unit Cost: $850. Quantity: 2. The FN 303 Less Lethal Launcher is a system that uses compressed air to deliver OC powder, paint, and specialty impact munitions.

It is like a paintball system as it fires frangible plastic ammunition, which contains liquid OC. This system offers members of the department a less lethal force option during high-risk situations. This system allows for liquid OC and kinetic energy impacts to be delivered to dangerous or combative subjects at various distances.
(b) Purpose:

To be used as a less-lethal force option during high-risk situations, including but not limited to those involving dangerous or combative subjects, riots, or when a tactical advantage needs to be obtained.
(c) Authorized Use:

The FN 303 Less Lethal Launcher may only be used by specially trained members of the department's Special Response Unit. Additionally, the FN 303 Less Lethal Launcher may only be used for crowd control purposes within the provisions outlined in AB 48 and Penal Code Section 13652.
(d) Expected Lifespan:
10 years
(e) Fiscal Impact:

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Military Equipment - 20
Varies depending on ammunition usage and training ($0-$2,000) (f) Training Requirements (initial and ongoing):

Pepper Powder Less Lethal Launcher initial training (SRU members only):
• POST certified Specialty Impact Munition instructor school (provided by POST certified instructors - for SRU instructors only)
• HPD SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors; includes demonstrated proficiency in use
• HPD SRU training on safety protocols
Pepper Powder Less Lethal Launcher ongoing training (SRU members only):
• Annual SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors)- includes demonstrated proficiency in use.
• HPD SRU annual training on safety protocols

10. Specialty Impact Munition Systems and Ammunition (Category 14) (a) Description, quantity, capability, and purchase cost:
(1) Defense Technology LMT Tactical Single Shot 40 mm Launcher - Unit Cost: $1,100. Quantity:

17. CTS 40 mm Launcher- Unit Cost: $1,250. Quantity: 4. The 40 mm Less Lethal Launcher is a chemical agent and/or specialty impact munition delivery system that can be used by members of the department during high-risk situations. It can deliver CS into a structure or direct fire specialty impact munitions (sponge rounds) to a dangerous or combative subject at various distances. (2) 40 mm Sponge Rounds - Unit Cost: $20. Quantity: 100. The 40 mm sponge round is a direct fire specialty impact munition that is similar in size and consistency to a racquet ball. It can be fired from a 40 mm and be used to neutralize a dangerous or combative subject during high-risk situations.
(b) Purpose:

To be used as a less-lethal force option during high-risk situations, including but not limited to those involving dangerous or combative subjects, riots, or to deliver CS into a structure. (c) Authorized Use:

The 40 mm Less Lethal Launcher may only be used by members of the department specially trained in its use and who have shown proficiency during departmental training. Additionally, the 40 mm Less Lethal Launcher may only be used for crowd control purposes within the provisions outlined in AB 48 and Penal Code Section 13652.
(d) Expected Lifespan:

All 40 mm launchers are inspected and serviced annually by certified department armorers. They are replaced according to date of purchase and as needed depending on usage.

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(1) 40 mm launchers-10 years
(2) 40 mm sponge rounds - 5 years (manufacturer shelf life) (e) Fiscal Impacts:

Replaced as needed (estimated $0 to $2,000 annually)
(f) Training Requirements (initial and ongoing):
40mm Less Lethal Launcher initial training (all officers):
• POST certified Specialty Impact Munition instructor school (provided by POST certified instructors - for department instructors only)
• POST certified training for all new officers.
• HPD department training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors)- includes demonstrated proficiency in use.
• HPD training on safety protocols
40mm Less Lethal Launcher ongoing training (all officers):
• Annual HPD department training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors) - includes demonstrated proficiency in use.
• HPD annual training on safety protocols
706.9.2 REVISIONS
Adopted: July 5, 2022
Revised: May 07, 2024
Revised: May 13, 2024
Attachment VI

HPD Policy 706 – Exhibit A
AB481 – HPD “Military Equipment” Inventory
The following is a list of "military equipment", as defined in AB 481, which HPD currently has in its inventory. The equipment items listed below are authorized for use to resolve high-risk and/or critical incidents, including but not limited to the following:
 High-risk offender apprehension
 Barricaded subjects
 Hostage rescue
 Dignitary protection
 Riot control.
 Active shooter response
 In-progress violent crimes
 Response to armed subjects or subjects wearing body armor.  Other situations which could result in great bodily injury or death to officers or community members.

The use of the equipment items below must be proportionate to each incident officers respond to and the HPD's Risk Assessment Matrix is designed to assist in such decision making.

CURRENT EQUIPMENT:

1. Robot (Category 1)
a. Description, quantity, capability, and purchase cost:

Avatar Tactical Robot - Unit Cost: $30,000 (purchased under a Bay Area UASI grant).

Quantity: 2. This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two- way speakers can be used to communicate, de-escalate, and determine resistance level.

Throwbot 2 – Unit Cost: $16,000. Quantity: 1. This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk. Cameras Attachment VI

can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to communicate, de-escalate, and determine resistance level.
b. Purpose:

To be used to remotely gain visual/audio information during high-risk incidents, deliver CNT phone, open doors, and clear buildings.
c. Authorized Use:

Only members of the department who have been trained in the use of the robot shall be permitted to operate the robot. Use is authorized by the onscene Incident or Tactical Commander and shall comply with all associated HPD and City policies regarding privacy.
d. Expected lifespan:
10 years
e. Fiscal Impact:

No known annual maintenance cost.
f. Training Requirements (initial and ongoing):

Initial training on how to operate the robot is the only requirement. There is no ongoing training or POST certifications required.

2. Unmanned Aerial Systems (UAS/Drones) - (Category 1)
a. Description, quantity, capability, and purchase cost:

DJI Matrice 30T: UAS offering up to approximately 41 minutes of flight time, and approximately 36 minutes of hovering time. This UAS has advanced AI capabilities, and 6 directional sensing and positioning. The UAS enables transmission up to 15km away and supports triple channel 1080p video and offers real time auto switching between

2.4Ghz and 5.8Ghz for a more reliable flight near high interference environments. AES- 256 encryption provides secure data transmission. Dual zoom camera with thermal and color. IP 55 waterproof rating. The smart battery pack has the following built-in safety features: Anti-Backflow, Short Circuit, Over Voltage, Over Current, and Temperature.

Quantity: 2
Cost: $ 13,000

DJI Mavic 3T: UAS that offers significantly improved imaging and performance due to its 4/3 CMOS Hasselbald camera and 24mm-equivelent lightweight lens. This UAS weighs approximately 2.02 pounds, has a color and thermal camera, and can record video with approximately 46 minutes of flight time and a hover time of 40 minutes. The tele lens of the dual-camera system supports explore mode for 28x hybrid zoom, allowing to see more of the environment with ease. The DJI Mavic 3 is equipped with an omnidirectional sensing system, which is multiple wide-angle vision sensors onboard which work together seamlessly with a high-performance vision computing engine to sense obstacles in all directions precisely and plan a safe flight route that avoids obstacles.

Quantity: 2
Cost: $7,800

Attachment VI

DJI Mavic Mini 3 Pro: The updated version of the DJI Mavic Mini 2. This UAS uses 48MP camera, up to 4K/60FPS videos and 4K/ 30fps HDR videos. It has a flight time of approximately 34 minutes and forward/backward/downward tri-directional dual-vision obstacle sensing system. The Advanced Pilot Assistance Systems detects objects in the aircraft’s flight path in real-time. This allows the DJI Mini 3 PRO to avoid obstacles, even in complicated environments.

Quantity: 2
Cost: $1,800

DJI Mavic Enterprise 2 Advanced: The DJI Mavic Enterprise 2 Advanced features a 35mm format camera with 48 MP visual camera and high resolution 640 x 512 Thermal Resolution. The cameras can capture up to UHD 4K resolution video at 30fps, or thermal imaging images and temperature data. The Mavic Enterprise 2 can reach speeds of up to 44.7 mph, and the four cell LilPo battery provides approximately 31 minutes of flight time. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic Enterprise 2 also has omnidirectional obstacle sensing.

Quantity: 2
Cost: $6,500
DJI Mavic Mini 2: Miniature UAS that weighs approximately 249 grams and is capable of audio/video recording with an approximate flight time of 30 minutes. Uses a 12MP camera along with 4K video. This UAS can resist 29-38kph winds and take off at a max altitude of 4,000 meters.

Quantity: 2
Cost: $1,400
Brinc Lemur 2: The Brinc LEMUR 2 is an advanced commercial-grade UAV specifically designed for interior use. This UAV is a battery powered, remote operated device. The controller facilitates two-way conversation between first responders and people they need to help through a set of two ultra-sensitive microphones and a small lightweight loudspeaker. The controller allows operators to control the UAV and view live feed from UAV-mounted cameras. Flight time of approximately 30 minutes per battery, depending on weather and flight conditions. Furthermore, the Brinc is equipped with a 4k digital camera with thermal capability for better viewing and range overall but also in low light environments. It is also equipped with a LiDAR sensor which provides a 3D map of the path of the UAV as it flies which can be viewed live, as well as the camera view, within a smartphone application. A new mesh network is also installed in the UAV which allows for a stronger and more sustainable video and control signal.

Quantity: 1
Cost: $22,000
Purpose:

The UAS will only be used in situations where reasonable suspicion exists, pursuant to a warrant, or during situations where exigent circumstances exist or where public safety needs outweigh privacy expectations. This policy may not encompass every situation Attachment VI

officers will encounter in the field and deviations may be necessary and justified. Any deviations from this policy will be reviewed on a case-by-case basis.

To be deployed when its capabilities would assist members of the Hayward Police Department with the following situations, including, but not limited to:
a. Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants.
b. Mass casualty events
c. Lost or missing persons,
d. Search and rescue events,
e. Disaster response and recovery,
f. Suspected explosive devices,
g. Fire suppression or investigation,
h. Hazardous material releases,
i. Post-incident crime scene preservation and documentation, j. Pursuant to a search warrant,
k. Mass gatherings or special events where security concerns exist, or criminal activity is occurring,
l. Training missions,
m. In support of the Hayward Fire Department when the underlying mission meets the uses outlined in this policy
n. Mutual Aid support when the underlying mission meets the uses outlined in this policy.

b. Authorized Use:

All UAS operators are certified in the operation of UAS by successful completion of an approved training course. The pilot must meet standards required by the FEDERAL Aviation Administration (FAA) and obtain an FAA Part 107 (Remote Pilot) license. c. Expected lifespan:
5 years
d. Fiscal Impacts:

Costs associated with the purchasing and replacement/repair of UAS equipment, software updates, training, and built-in overtime is approximately $80,000. e. Training Requirements (initial and ongoing):

UAS initial training (required):
 Passing the Part 107 test required by the FAA to operate a UAS.  HPD training on the operations manual, proper reporting forms, HPD policy, and HPD procedure
• 8-hour flight training on how to operate the UAS properly and efficiently • UAS written test on the operations manual and HPD policy UAS ongoing training (required):
• Each UAS deployment is considered ongoing training
• The UAS team meets quarterly
• Joint training with allied agency UAS teams
• Annual UAS written test on the operations manual and HPD policy

3. Armored Personnel Carrier (Category 2)
a. Description, quantity, capability, and purchase cost:

Attachment VI

Armored Solutions Armored Rescue Vehicle - Unit Cost: $82,660.00. Quantity: 1. The ARV is a Ford F550 truck designed to provide ballistic protection during high-risk incidents. It is designed to withstand multiple bullet impacts and low- level explosions.

The ARV is equipped with emergency lights, siren, and a public address system for communications. It is not weaponized, nor does it contain any breaching apparatuses.

Common uses of the ARV include community member or officer rescues, evacuations, and it provides ballistic protection for officers during in-progress, high-risk incidents. The ARV is also a regional mutual-aid asset, which has been requested by and deployed to assist neighboring agencies in Alameda County.
b. Purpose:

To be used during responses to high-risk incidents to enhance the safety of community members and officers, improve scene containment and stabilization, and to contribute to the safe resolution of evolving critical events.
c. Authorized Use:

The use of the ARV can be requested by any Officer based on the specific circumstances of in-progress, high-risk incidents, or high-risk planned operations. The ARV shall only be used by Officers trained in its deployment and in a manner consistent with departmental training. Use shall be authorized by the Special Operations lieutenant or the on-duty Watch Commander.
d. Expected Lifespan:
20 years
e. Fiscal Impact:

Annual maintenance cost of approximately $1,050.
f. Training Requirements (initial and ongoing):

There are no POST certifications required for use of the Armored Personnel Carrier.

HPD's Armored Personnel Carrier initial training requirements:
 How to operate the different functions, placement considerations, and appropriate usage of the vehicle
HP0's Armored Personnel Carrier ongoing training requirements:
 Refresher training for all officers on the different functions, placement considerations, and appropriate usage of the vehicle

4. Command and Control Vehicle (Category 5)
a. Description, quantity, capability, and purchase cost:

Freightliner MT-55 L0V Model C34MCC-10- Unit Cost: $387,672.00. Quantity: 1. The Command Vehicle is a bus style vehicle with front and rear doors. It is painted white with HPD markings affixed to the front, sides, and rear of the vehicle. There are 2 separate internal office-style working spaces, most used by Dispatch or Crisis Negotiations personnel. It can be used as a field-based, mobile command center for major incidents and as a backup Communications Center for the City. The Command Vehicle is also capable of transporting equipment and personnel.
b. Purpose:

To be used as a field-based mobile command center, communications center, and crisis negotiations center during major incidents. It also serves as a backup Communications Center in the event the City's primary Communications Center experiences technical issues.

Attachment VI

c. Authorized Use:

The Command Vehicle can be requested by any member of the department for use in the field during major incidents. Use of the Command Vehicle shall be approved by the Special Operations Lieutenant and can only be operated by members of the department specifically trained in its use.
d. Expected Lifespan:
20 years
e. Fiscal Impact:

Annual maintenance cost of approximately $840.
f. Training Requirements (initial and ongoing):

Initial training is required for employees assigned as drivers of the Command Vehicle.

The training consists of overall familiarization, how to operate the vehicle's equipment, and how to safely drive the vehicle. There is no ongoing training or POST certifications required.

5. Breaching Apparatus: Shotgun Slugs (Category 7)
a. Description, quantity, capability, and purchase cost:

Royal Arms Tesar-2. Unit Cost: $4 per round. Quantity: 50. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the locking mechanism inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the locking mechanism to minimize entry into the target space for the safety of occupants and operators. These rounds are designed to breach heavy locks, deadbolts, and hinges mounted inside of solid oak or steel doors.

Royal Arms Tesar-2 rounds are good until they are expended if stored properly. b. Purpose:

To gain rapid entry into a structure during critical incidents. c. Authorized Use:

Only members of the department assigned to the SRU who have been trained in the use of a breaching shotgun shall deploy a breaching shotgun in the field. Shotgun breaching may only occur after authorization by the Incident Commander or Tactical Commander in the field and during training exercises.
d. Expected Lifespan:

Until expended.
e. Fiscal Impact:

Replaced as needed (estimated $0 to $200 annually).
f. Training Requirements (initial and ongoing):

Initial and ongoing training in the safe and appropriate use of the breaching shotgun is provided by POST certified instructors. The initial and ongoing training requirements are the same and consist of an overview of the breaching shotgun, breaching slug capabilities, safe and appropriate operation of the breaching shotgun, and deployment considerations (including when not to use). Members of the department assigned to the SRU conduct annual training on breaching, including the use of the breaching shotgun, and must demonstrate proficiency through the practical application of this equipment.

Attachment VI

6. Specialized Firearms and Ammunition (Category 10)
a. Description, quantity, capability, and purchase cost:
(1) Carbine Rifle - Unit Cost: $1,039.75. Quantity: 108. The carbine rifle is a firearm capable of stopping an armed subject at various distances. It is a light weight, air- cooled, gas operated, magazine fed, shoulder fired weapon capable of operating in semi-automatic and selective fire modes. These rifles fire a.223 or 5.56 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects.

(2) H&K MPS and H&K MPS POW entry rifle - Unit Cost: $1,200. Quantity: 4. The H&K MPS and MPS POW are firearms capable of stopping an armed subject at various distances. They are a light weight, magazine fed, shoulder fired weapon capable of operating in semi-automatic and selective fire modes. These rifles fire a 9mm caliber cartridge.

(3) PWS MK216-LE.308 precision rifle -Unit Cost: $1,994.99. Quantity: 5. The PWS MK216-LE is a precision rifle capable of stopping an armed subject at various distances. It is a magazine fed, shoulder fired weapon capable of operating in semi- automatic mode. This rifle fires a.308 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects and is utilized by the department's Special Response Unit during high-risk situations.

(4) Remington 700 .308 long rifle - Unit Cost: $1,300. Quantity: 5. The Remington 700 is a long-range firearm capable of stopping an armed subject at various distances. It is a bolt action, shoulder fired weapon capable of firing single precision shots out to significant distances. This rifle fires a .308 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects and is utilized by the department's Special Response Unit during high- risk situations.

(5) Winchester .223 Ranger power-point 64 grain cartridge -Unit Cost: $9.76 (per 20 rounds). Quantity: 23,600. The .223 cartridge is the primary duty ammunition for the department's carbine rifles.

(6) Winchester 5.56 full metal jacket 55 grain cartridge - Unit Cost: $7.16 (per 20 rounds). Quantity: 68,000. The 5.56 cartridge is the primary training ammunition for the department's carbine rifles.

(7) Winchester .223 Ranger frangible 55 grain cartridge - Unit Cost: $12 (per 20 rounds).

Quantity: 1,000. The .223 frangible cartridge is training ammunition used by the Special Response Training during live-fire exercises.

(8) Winchester .308 match king 168 grain cartridge - Unit Cost: $50 (per 20 rounds).

Quantity: 2,000. The .308 cartridge is both duty and training ammunition for the PWS MK216-LE and Remington 700 rifles, which are specifically used by the department's Special Response Unit.

b. Purpose:

Attachment VI

To be used during high-risk situations, including those where precision and distance are factors, as they are more accurate and effective than standard issued department firearms.

c. Authorized Use:

Use of the firearms listed above are governed under HPD Policy 300 (Use of Force), which defines deadly force as that which is likely to cause serious bodily injury or death.

Only department members who are POST certified and who show proficiency during department training are authorized to carry a carbine rifle. The H&K MPS, H&K MPS POW, PWS MK216-LE, and Remington 700 are - firearms that are only authorized for use by specially trained members of the department's Special Response Unit.

d. Expected Lifespan:
(1) Carbine rifles -10 years or sooner depending on usage in training. (2).308 rifles -10-15 years or sooner depending on usage in training. (3) Ammunition - No expiration if stored properly.

e. Fiscal Impact:

All rifles are inspected and serviced annually by certified department armorers. They are replaced according to date of purchase and as needed depending on usage. (1) Carbine rifles - Annual replacement and service costs between $10,000 and $20,000 (2) .308 rifles - Annual replacement and service costs between $0 and $10,000 (3) Ammunition -Annual replacement costs between $50,000 and $100,000

f. Training
Requirements (Initial and ongoing):
a. Carbine rifle initial required training (all officers):
 POST certified basic academy rifle training and qualification (provided by POST certified instructors)
 POST certified 2-day rifle course and qualification (provided by POST certified instructors)
 HPD training on policy, procedure, and safety considerations  Safety test
Carbine rifle ongoing required training {all officers):
 Annual POST certified rifle training and qualification (provided by POST certified instructors)
 Annual HPD review of policy, procedure, and safety considerations.  Bi-annual firearms training at an approved range (provided by POST certified instructors)
(2) H&K MPS and POW initial training (SRU members only):
 POST certified SRU firearms/rifle training and qualification (provided by POST certified instructors)
 Training on policy, procedure, and safety considerations Safety test H&K MPS and POW ongoing training (SRU members only):

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 Annual POST certified firearms training and qualification (provided by POST certified instructors)
 Five additional SRU firearms trainings throughout the calendar year  Training on policy, procedure, and safety considerations  Safety test
(3) PWS MK216-LE.308 precision rifle and Remington 700.308 long rifle initial training (SRU members only):
 48-hour POST certified basic sniper school (provided by POST certified instructors)
 SRU precision rifle training and qualification (provided by POST certified instructors)
 Review of policy, procedure, and safety considerations  Safety test
(4) PWS MK216-LE.308 precision rifle and Remington 700.308 long rifle ongoing training (SRU members only):
 HPD annual precision rifle training and qualification (provided by POST certified instructors)
 Bi-monthly precision rifle training (provided by POST certified instructors)  Review of policy, procedure, and safety considerations  Safety test
NOTE: All ammunition listed in this category is utilized at the firearms trainings referenced above. The amount of ammunition varies depending on the training course and required qualifications.

7. Noise Flash Diversionary Device (Category 12)
a. Description, quantity, capability, and purchase cost:

NFDD 7290M - Unit Cost: $82.27. Quantity: 38. A noise flash diversionary device {NFDD), often referred to as a "flashbang", is a device designed to create a bright flash of light and a loud sound to temporarily divert the attention of a subject in the area where it is deployed. NFDDs are used to distract and temporarily disorient dangerous subjects by overwhelming their senses of sight and hearing. This allows members of the department to take control of high-risk situations and/or accomplish legitimate law enforcement objectives during critical incidents. NFDDs are not weapons as they do not fragment as a military grenade would and oversight of the department's purchase/use of NFDDs is performed by the Federal Department of Alcohol, Tobacco, Firearms, & Explosives (commonly referred to as the ATF).

b. Purpose:

To be used during high-risk situations to obtain a tactical advantage or to establish control by creating a diversion.

c. Authorized Use:

NFDDs are under the oversight of the ATF and may only be used by specially trained members of the department's Special Response Unit during high-risk situations or during training.

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d. Expected Lifespan:
5 years (manufacturer shelf life)

e. Fiscal Impact:

Varies depending on usage and training ($0 to $1,000}

f. Training Requirements (initial and ongoing):

NFDD initial training (SRU members only):
 POST certified NFDD instructor training (provides POST certification for HPD instructors)
 POST certified basic SWAT school (provided by POST certified instructors)  Review of policy, procedure, and safety considerations NFDD ongoing training (SRU members only):

NFDD ongoing training (SRU members only):
 Annual NFDD training for members of the SRU (provided by POST certified instructors)
 Review of policy, procedure, and safety considerations

NOTE: NFDD programs are under federal oversight by the Bureau of Alcohol, Tobacco, Firearms, & Explosives.

8. Chemical Agents ''Teargas" (Category12)
a. Description, quantity, capability, and purchase cost:
(1) 2-chlorobenzylidene malononitrile (CS}- Unit Cost: Depends on the munition (see fiscal impact). CS is used by law enforcement agencies across the country. CS, commonly referred to as "tear gas", is an irritating agent and a lachrymator (irritates the eyes, causing tears and mucous flow). It can be delivered in a variety of ways and can be used by the department as a less- lethal force option during high-risk incidents, including riots and barricaded subjects. The types of CS munitions in the department's inventory are as follows (the contents are the same, but the delivery systems for each munition are different):
 49 Model 1292 40 mm CS
 58 Model 4441 CTS 40mm CS
 58 Model 4401 CTS 40mm training round
 10 Model 2430 CTS CS 12ga round
 10 Model 2440 CTS OC 12ga round
 28 Model 5440 CTS OC Flameless
 28 Model 5430 CTS CS Flameless
 27 Model 5230B CTS Baffled Riot
 18 Model 5231 CTS Triple Phaser
 10 Model 1082 Def Tech Riot Control
 20 Model 6340 CTS OC Aerosol
 6 Model 1032 CS Flameless Tri-Chamber
 3 Model 1072 CS Speed Heat
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(2) Oleoresin Capsicum (QC) - Unit Cost: Depends on the munition (see fiscal impact).

QC is used by law enforcement agencies across the country. OC, commonly referred to as "pepper spray", is an irritating agent that causes involuntary closure of the eyes, mucous flow, and temporary respiratory inflammation. Its primary ingredient is capsaicin, which is found in chili peppers, and QC is available to the public for purchase. It can be delivered in a variety of ways and can be used by the department as a less-lethal force option during high-risk incidents, including riots and barricaded subjects. The types of QC munitions in the department's inventory are as follows (the contents are the same, but the delivery systems for each munition is different):
 6 Model 2040 QC Expulsion
 6 Model 3090 QC Shotgun ferret rounds

b. Purpose:

To be used as a less-lethal force option during high-risk situations, including but not limited to those involving dangerous or combative subjects, riots, or when a tactical advantage needs to be obtained.

c. Authorized Use:

Only members of the department who are POST certified to use chemical agents are authorized to do so. The use of the above-listed munitions is only authorized for specially trained members of the department's Special Response Unit. Additionally, these munitions may only be used for crowd control purposes within the provisions outlined in AB 481 and Penal Code Section 13652.

d. Expected Lifespan:
5 years (manufacturer shelf life)

e. Fiscal Impact: Varies depending on usage and training ($0 to $5,000)

f. Training Requirements (initial and ongoing):

Chemical agents "tear gas" initial training (SRU members only):
 POST certified basic academy chemical agent training (provided by POST certified instructors - includes direct exposure for all students)  POST certified basic SWAT school (provided by POST certified instructors)  POST certified chemical agent instructor school (provided by POST certified instructors - for SRU instructors only)
 HPD SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors)- includes direct exposure for all SRU members.
 HPD SRU training on safety protocols
Chemical agents "tear gas" ongoing training (SRU members only):
 Annual SRU training on policy, procedure, and deployment considerations (including when not to use - provided by POST certified instructors) - includes direct exposure for all SRU members.
 Annual review of safety protocols
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