Hayward City Council
June 24, 2025

DATE: June 24, 2025

TO: Mayor and City Council

FROM: Maintenance Services Director

SUBJECT: Engineer’s Report MD -2: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 2 - Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2026

RECOMMENDATION

That That the City Council adopts two resolutions (Attachment II, III):

1. Approving the Engineer’s Report,

2. Confirming the Maximum Base Assessment (MBA) amounts,

3. Confirming the Fiscal Assessment Rate,

4. Confirming the Assessment Diagram,

5. Ordering the Levy and Collection of the Fiscal Assessment,

6. Approving the Funding Recommendation, and

7. Appropriating Revenue and Expenditure budgets for Maintenance District No. 2 for Fiscal Year 2026.

SUMMARY

Maintenance District No. 2 (MD No.2) was established in 2003 to fund the operation, maintenance, and replacement of a water buffer and storm water pre-treatment pond that borders the Eden Shores residential community. Property owners in MD No.2 are also property owners in the Landscape and Lighting Assessment District 96-1, zone 10. Based on staff’s review of the district’s financial position, staff is recommending an increase to the FY 2026 assessment rate from the previous year, from $272.17 to $280.33 If the City Council adopts the attached two resolutions (Attachment II and III), the Final Engineer’s Report (Attachment IV) will be approved, the revenue and expenditure budgets will be appropriated, and the final Assessor’s tax roll will be prepared and filed with the County Auditor’s Office allowing the assessments to be included in the FY 2026 tax roll.

BACKGROUND AND DISCUSSION

In compliance with Section 10-10.25 of the Hayward Municipal Code, an annual Engineer’s Report is required to be submitted to the City Council for MD No.2 and is included as Attachment IV.

On June 24, 2003, by way of Resolution 03-102, the City Council ordered the formation of MD No.2 to provide for the maintenance and operation of a water buffer and storm water pre- treatment facility. The water buffer consists of landscaping, recirculating pumps and filters, maintenance roads, a pedestrian bridge, and anti-predator and perimeter fencing. The benefit zone includes three residential tracts in Eden Shores (7317, 7360, 7361) totaling 534 homes.

The funds collected from the property owners within MD No.2 pay for the annual operation and maintenance, along with contributing to a capital reserve fund, which will be utilized to repair or replace sections of fencing, pumps, or bridge components in the future.

A 2010 agreement between the City and the Alameda County Flood Control and Water Conservation District (Flood Control District) vests responsibility for the annual maintenance and operation of the pre-treatment storm water pond with the Flood Control District. The 2010 agreement states that the Flood Control District concurred with the acceptance of the pond, subject to MD No.2 providing the Flood Control District with sufficient funds to operate, maintain, and provide for capital replacement and modifications that may become necessary for the optimal performance of the pond.

Based on the staff’s review of the district’s financial position, staff is recommending an increase to the FY 2026 assessment rate from the previous year, from $272.17 to $280.33.

FISCAL AND ECONOMIC IMPACT

There is no fiscal impact to the City’s General Fund from this recommendation because expenditures are to be funded dir ectly by assessment rates levied against each benefited property in MD No.2.

STRATEGIC ROADMAP

This is a routine operational item and does not relate to any of the three Council Strategic Initiatives.

PUBLIC CONTACT

City staff: 1) mailed a postcard notice to property owners to let them know of their recommended FY 2026 assessment rate, and to alert them to three Public meetings where they could provide input (May 28, June 3, and June 24); 2) held a virtual community meeting via Zoom on May 28; and 3) will publish a legal notice in the East Bay Times on or before June 14, 2025.

NEXT STEPS

If the City Council adopts the two attached resolutions (Attachment II and III), the Final Engineer’s Report (Attachment IV) will be approved, the revenue and expenditure budgets will be appropriated, and the final Assessor’s tax roll (Attachment V) will be prepared and filed with the County Auditor’s Office allowing the assessments to be included in the FY 2026 tax roll.

Prepared by: Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Maintenance Services Director

Approved by:

Michael Lawson, J.D.

Acting City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member __________________

RESOLUTION APPROVING THE FINAL ENGINEER’S REPORT, CONFIRMING

MAXIMUM BASE ASSESSMENT AMOUNT, CONFIRMING THE FISCAL

ASSESSMENT RATE, CONFIRMING THE ASSESSMENT DIAGRAM, AND

ORDERING THE LEVY AND COLLECTION OF THE FISCAL ASSESSMENT FOR FISCAL YEAR 202 6 FOR MAINTENANCE DISTRICT NO. 2: EDEN SHORES

WATER BUFFER ZONE AND PRE-TREATMENT POND

WHEREAS, by adopting Resolution No. 2 5-093 on June 3, 202 5, this City Council approved the Preliminary Engineer's Report and declared intention to levy assessments for FY 202 6 in accordance with the provisions of Section 10 -10.25 of the Hayward Municipal Code; and

WHEREAS, the Preliminary Engineer’s Report was duly made and filed, and duly considered by the City Council and found to be sufficient in every particular, and

WHEREAS, a date of Ju ne 24, 202 5, at the hour of 7:00 p.m. was appointed as the date and time for a public hearing before the City Council on the question of the levy of the proposed assessments, a notice of which proceedings was duly published; and

WHEREAS, a public notice of the proposed assessment and of the City Council public hearing was published once in East Bay Times newspaper (June 13, 2025) and a postcard notice mailed ( May 16, 202 5) to each property owner of record for each parcel in Maintenance District No.2; and

WHEREAS, at the appointed date and time, said hearing was duly and regularly held, and all interested persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said levy were fully heard and considered by the City Council; and

WHEREAS, the City Council thereby confirms the maximum base assessment, assessment diagram, and fiscal assessment for Maintenance District No.2 prepared by and made a part of the Final Engineer’s Report to pay the costs and expenses thereof, an d acquired the ability to order said levies for Maintenance District No.2.

ATTACHMENT II

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

1. The public interest, convenience, and necessity require that a levy be assessed for Maintenance District No.2.

2. That the properties benefitted by the improvements are to be assessed in order to reimburse the costs and expenses thereof, and the exterior boundaries thereof, are shown on the maintenance district assessment diagram attached h ereto as Exhibit "A" and included in the Final Engineer's Report.

3. Said Final Engineer's Report, as a whole and each part thereof, is hereby approved, confirmed, and incorporated herein, including, but not limited, to the following:

(a) The Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses in connection therewith; and

(b) The diagram showing the zone of the assessment district, plans and specifications for the improvements to be maintained, and the boundaries and dimensions of the respective lots and parcels of land within the District; and

(c) The assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the lots or parcels in said zone of the district be made in proportion to the estimated benefits to be received by such lot or parcel, respectively, from said maintenance and of the expenses incidental thereto, is approved and confirmed and incorporated herein.

4. Based on the oral a nd documentary evidence offered and received, including the Final Engineer's Report, the City Council expressly finds and determines:

(a) That each of the parcels in the district will be specially benefitted by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the parcel; and

(b) That there is substantial evidence to support this finding and determination as to special benefit; and

(c) The Any public property owned by any public agency and in use in the performance of a public function within the district shall not be assessed.

ATTACHMENT II

5. The public interest, convenience, and necessity require that a levy on each lot of parcels in MD No.2 be no more than the annually calculated Maximum Base Assessment rate for FY 2026, which is $1,183.42.

6. That the fiscal assessment in the amount of $2 80.33 per parcel is required to pay the costs and expenses of the maintenance of the improvements is hereby levied, and the remaining funds on deposit in the improvement fund are to cover the expenses for FY 2026.

7. Adoption of the Final Engineer's Report as a whole, the Maximum Base Assessment Rate, the fiscal assessment, the assessment diagram, the estimate of the costs and expenses, and the collection of fees as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted by or made by the City Council.

8. The City of Hayward Director of Finance is hereby directed to expend said money for the maintenance of the improvements set forth in this resolution and described in the Final Engineer’s Report, and it is hereby determined to order the collection of $280.33 per parcel.

9. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, SCI Consulting Group shall file a certified copy of this res olution, the assessment diagram, and the fiscal assessment with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the county assessment roll opposite each lot or parcel of land the amount of assessment thereupon as s hown in the assessment.

The fiscal assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due the county of collection, shall be paid to the Director of Finance of the City of Hayward.

10. Upon receipt of monies re presenting assessments collected by the county, the Director of Finance of the City of Hayward shall deposit the monies in the City treasury to the credit of a Special Revenue Fund 271, under the distinctive designation of said Maintenance District No.2 - Eden Shores Water Buffer Zone and Pre -treatment Pond. Monies in said improvement fund shall be expended only for said maintenance of the improvements set forth in the Engineer’s Report, referenced in this resolution.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member __________________

RESOLUTION APPROVING FUNDING RECOMMENDATIONS AND

APPROPRIATING THE SPECIAL REVENUE FUNDS FOR MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2026

BE IT RESOLVED that the City Council of the City of Hayward hereby approves and adopts the Maintenance District No. 2 funding recommendations for Fiscal Year 202 6, as shown in the attached Exhibit A, in a total expenditure amount not to exceed $ 293,446 which is incorporated by reference herein.

BE IT FURTHER RESOLVED that except as may be otherwise provided, any and all expenditures relating to the objectives described in the Maintenance District No. 2 budget are hereby approved and authorized and payments therefore may be made by the Director of Finance of the City of Hayward without further action of Council.

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

Exhibit A

FY 2026 Fund Appropriation City Operating Budget Special Revenue Fund

271 MD 2 $293,446

Special Revenue Fund Total $293,466

Fiscal Year 2026 ENGINEER’S REPORT
City of Hayward
Maintenance District No. 2
June 2025
Final Report

ATTACHMENT IV
City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026
Page i
City of Hayward
City Council
Mark Salinas, Mayor
Julie Roche, Mayor Pro Tempore
Angela Andrews, Council Member
Ray Bonilla Jr., Council Member
Dan Goldstein, Council Member
George Syrop, Council Member
Francisco Zermeño, Council Member
Clerk of the Council
Miriam Lens
City Manager
Michael Lawson, Acting City Manager
Ma
intenance Service Director
Todd Rullman
City Attorney
Michael Lawson
Engineer of Work
SCI Consulting Group
City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026
Page ii

Table of Contents
Introduction ............................................................................................................... 1 Overview.................................................................................................................................... 1 Legislative Analysis .................................................................................................................... 1 Plans and Specifications ............................................................................................. 3 Introduction ............................................................................................................................... 3 Description of Improvements ................................................................................................... 3 Fiscal Year 2026 Estimate of Cost and Budget ............................................................. 4 Estimate of Costs ....................................................................................................................... 4 Method of Apportionment ......................................................................................... 6 Assessment ................................................................................................................ 7 Vicinity Map ............................................................................................................... 9 Assessment Diagram ................................................................................................ 10 Appendix A - Assessment Roll ................................................................................... 12

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026
Page iii

List of Figures
Figure 1 – 2026 Estimate of Cost ..................................................................................................... 5

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Introduction
Overview
On April 16, 2002, by Resolution No. 02‐043, the City Council approved the Final Map of Tract 7317 for a 114‐l
ot residential subdivision, with 109 single‐family homes, located on the northerly side of Eden Shores Boulevard and westerly of the Union Pacific Railroad.

O
n November 26, 2002, by Resolution No. 02‐171, the City Council approved the Final Map of Tract 7361 for a 120 lot residential subdivision, with 116 single‐family homes, located on the southerly side of Eden Shores Boulevard and westerly of the Union Pacific Railroad.

O
n June 3, 2003, by Resolution No. 03‐083, the City Council approved the Final Map for Tract 7360, for a 318
‐l
ot residential subdivision, with 309 single‐family homes located on the southwesterly side of Eden Shores Drive and westerly of the Union Pacific Railroad. The additional lots in each subdivision, 27 in total, will be landscaped areas, parks, wetlands or buffer areas.

C
onditions of approval for Tracts No. 7317, 7360 and 7361, included provisions for construction of a water buffer channel and storm‐water pretreatment pond, masonry walls, anti‐predator fences, and landscaping within the proposed development area. Maintena nce District No. 2 provides a funding source to operate and maintain these improvements, including the furnishing of water and electrical energy along with debris removal, weeding, trimming, and pest control spraying.

On June 24, 2003, by Resolution No. 03‐102, the City Council ordered the formation of Maintenance District No. 2 to provide the funding for the operation and maintenance of these facilities. The FY 2004 Final Engineer’s Report (formation report) included a FY 2004 budget which proposed $343,875.00 in expenditures at buildout for an anticipated 525 assessable parcels which equated to Maximum Base Assessment (MBA) Rate of $655.00 per parcel. This MBA rate which may be levied is increased each fiscal year by the prior year’s change in the Consumer Price Index.

Legislative Analysis
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote on Taxes Act," which added Articles XIIIC and XIIID to the California Constitution. While its title

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

Proposition 218 stated that any existing assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems, or vector control on or before November 6, 1996, shall be exempt from the procedures and approval process of Proposition 218, unless the assessments are increased.

Proposition 218 defines increased, when applied to an assessment, as a decision by an agency that does either of the following:
 Increases any applicable rate used to calculate the assessment.  Revises the methodology by which the assessment is calculated, if that revision results in an increased amount being levied on any person or parcel.

The formation methodology used to calculate the MBA that could be levied in any given year allows the MBA from the prior year to be increased by the prior year’s change in the Consumer Price Index. Therefore, based upon the review of the City Attorney, imp osing the assessment adjustment each year based upon the prior year’s increase in the Consumer Price Index does not require Proposition 218 proceedings.

Noticing, Public Comment, and Public Hearing
Noticing and information regarding this report were provided via the following methods: 1) a notice was mailed to all affected property owners to provide detail of their recommended FY 2026 assessment rate and to alert them to three community meetings where they could provide input (May 28, June 03, June 24); and 2) published a legal notice in the East Bay Times on or before June 13, 2025.

On June 24, 2025, the City is proposing to hold a public hearing to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amounts as originally proposed or as modified. Following the adoption of this resolution, the fin al assessor’s roll will be prepared and filed with the Alameda County Auditor’s Office to be included on the FY 2026 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes.

All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Plans and Specifications
Introduction
The annual Engineer’s Report includes: (1) a description of the improvements to be operated, maintained, and serviced; (2) a listing of the proposed collection rate to be levied upon each assessable lot or parcel; and (3) an estimated budget.

Description of Improvements
The facilities, which have been constructed within the City of Hayward's Maintenance District No. 2 boundaries, and those which may be subsequently constructed, will be operated, maintained, and serviced and are generally described as follows:
• Water Buffer Channel;
• Storm‐water Pre‐Treatment Pond;
• Masonry Walls;
• Anti‐predator Fences; and
• Miscellaneous Landscaping
The operation, maintenance and servicing of these improvements include, but are not limited to personnel, water (for irrigation and buffer replenishment), electrical energy, materials (including diesel fuel and oil), debris removal, weeding, trimming, pest control spraying, etc.

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Fiscal Year 202 6 Estimate of Cost and Budget
Estimate of Costs
Chapter 10, Article 10, Section 10‐10.25 of the Hayward Municipal Code and as supplemented by the provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California provides that the total cost of operation, mainte nance and servicing of the water buffer channel, water treatment pond, masonry walls, anti‐predator fences and landscaping can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with these improvements can also be included.

Tract No. 7317, 7360 & 7361
Formed: June 24, 2003
Resolution Number: 03‐102
FY 2026
Maximum Base Assessment Rate: $1,183.42
Assessment Amount per Parcel: $280.33
Number of Parcels: 534
Assessment Income: $149,699

The following is an overview of the FY 2026 assessment district:
• Ma
ximum Base Assessment (MBA) Rate: was increased from the prior year’s MBA rate of $1,152.44 to $1,183.42 by applying CPI‐U fo
r the San Francisco‐O
akland‐H
ayward
MSA (2.69% for the period February 2024 to February 2025).

• A
nnual CPI increase: the MBA amount can increase annually based upon the prior year’s change in the CPI.

• Assessment revenue: the FY 2026 amount needed to operate and maintain the facilities and contribute to the capital reserve is: $149,699.

• Annual assessment charge: each of the 534 parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by the individual parcels is indistinguishable from each other. The FY 2026 per parcel charge will increase from the previous year from $2272.17 to $280.33. This amount is below the MBA and is sufficient for maintaining levels of service and for keeping a reserve balance. In future years, if there is a need for additional funds, the assessment amount may be increased up to the MBA amount.

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

• Proposition 218: Future increases in the assessment amount above the MBA amount would require the noticing and balloting of property owners per the requirements of Proposition 218.

Figure 1 – 2026 Estimate of Cost

City of Hayward
Maintenance District No. 2 - Eden Shores - Water Buffer Fund 271, Project 3718
Established 2003, 534 Parcels
FY 2023 FY 2024 FY 2025 FY 2026
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 1,069.14 1,125.80 1,152.44 1,183.42 b. Annual Per Parcel Assessment 240.22 264.24 272.17 280.33 c. # of Parcels 534 534 534 534 d. Total Amount Assessed for the District: 128,277 141,105 145,338 149,699 Income
a. Annual Assessment Revenue 128,468 142,185 145,338 149,699 b. Minus County Tax Collection Fee (1.7%) (2,181) (2,399) (2,471) (2,545) c. Other 2,973 12,649 3,700 3,700 d. Total Revenue: 129,260 152,434 146,568 150,854 Services
a. Utilities: Water 61,305 56,654 77,000 86,240 b. Utilities: PGE 20,104 28,830 21,600 23,760 c. Landscaping Maintenance 32,688 23,952 34,679 60,000 d. One‐time Project/Maintenance 9,899 2,953 56,350 75,000 e. Fence Repair 35,000
f. Fire Hazard Mitigation (Goats) ‐ 7,700 7,931 8,169 g. Property Owner Noticing 21 23 23 h. Annual Reporting 480 1,226 509 524 i. City Administration 4,328 4,629 4,592 4,730 j. Total Expenditures: 128,825 125,945 202,683 293,446 Account Balance
a. Beginning Account Balance 340,223 340,659 367,148 311,032 b. Net Change (Revenue - Expenditures) 436 26,489 (56,116) (142,593) c. Ending Account Balance: 340,659 367,148 311,032 168,440

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Method of Apportionment
Chapter 10, Article 10, Section 10‐10.25 of the Hayward Municipal Code and as supplemented by the provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of water buffer channels, water treatment ponds, masonry walls, predator fences and landscaping.

Proposition 218 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportion al special benefit conferred on the property.

Because assessments are levied on the basis of benefit, they are not considered a tax, and, therefore, are not governed by Article XIIIA of the California Constitution.

Article XIIID of the California Constitution provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements, and rights‐of‐ways.

The properties benefiting from the operation, maintenance and servicing of water buffer channels, water treatment ponds, masonry walls, predator fences and landscaping consist of the 534 single‐ family residential lots located within Tracts No. 7317, 7360 and 7361.

Each of the 534 single‐family residential lots receives a special benefit in that they are able to be developed because protection of the adjacent open space has been provided through the construction of these improvements. The special benefit derived by the individual parcels is indistinguishable between parcels. Therefore, all residential parcels derive the same benefit and the corresponding method of assessment for residential land uses is based on a per parcel basis.

The estimated Fiscal Year 202 6 proposed assessment revenue is $ 149,699. The proposed assessment for the District for Fiscal Year 202 6 is $ 280.33 per parcel, which is an increased amount compared to the previous fiscal year’s assessment. The MBA amount for the District is subject to an annual adjustment equal to the change in the applying CPI‐U for the San Francisco‐ Oakland‐Hayward MSA from the previous year. The MBA amount for the District for Fiscal Year 2026 has been increased from the previous year’s MBA amount of $ 1,183.42 by 2.69%, which is equal to the percentage increase in CPI‐U from February 2024 to February 2025. The MBA amount for the District for Fiscal Year 2026 is $1,183.42.

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Assessment
WHEREAS, the City Council of the City of Hayward, County of Alameda, California, Pursuant to Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, and Chapter 10, Article 10, Section 10‐1

0.25 of the Hayward Municipal Code, and in accordance with the Resolution of Intention, being Resolution No. 25‐25 6, preliminarily approving the Engineer’s
Report, as adopted by the City Council of the City of Hayward, on June 3, 2025, and in connection with the proceedings for;
W
HEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment District and an assessment of the estimated costs of the improvements upon all assessable parcels within the Assessment District, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me and the order of the City Council of the City of Hayward, hereby make the following assessments to cover the portion of the estimated cost of Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

As required, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the Assessment District. The distinctive number of each parcel or lot of land in the Assessment District is its Assessor Parcel Number appearing on the Assessment Roll.

I do hereby assess and apportion said net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said Assessment District, in accordance with the special benefits to be received by each parcel or lot from the improvements, and more particularly set forth in the Estimate of Costs and Method of Assessment hereto attached and by reference made a part hereof.

The assessments are made upon the parcels or lots of land within Assessment District, in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the fiscal year 202 6. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County.

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 202 6 for each parcel or lot of land within said Maintenance District No. 2.

Dated: June 4, 2025

Engineer of Work

By ____________________________
John W. Bliss, License No. C052091

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Vicinity Map

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Assessment Diagram
The Assessment District Diagram for the City of Hayward's Maintenance District No. 2 (Eden Shores) is on file in the Office of the Hayward City Clerk and is incorporated in this report in Appendix “A”.

A detailed description of the lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Alameda for Fiscal Year 2026.

For additional information as to the bearings, distances, monuments, easements, etc. of subject subdivisions, reference is hereby made to Final Tracts Maps No. 7317, 7360 and 7361 filed in the Office of the Recorder of Alameda County

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

City of Hayward
Maintenance District No. 2
Engineer’s Report FY 2026

Appendix A - A ssessment Roll
A list of names and addresses of the owners of all parcels within the City of Hayward's Maintenance District No. 2 are shown on the last equalized Property Tax Roll of the Assessor of the County of Alameda. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the Office of the Hayward City Clerk.

Attachment V
1 FY 2026 Assessment Roll
Maintenance District No. 2
534 Parcels Total Assessment: $149,696.22
Assessor's
Parcel Number Assessment
Amount
Assessor's
Parcel
Number
Assessment
Amount
461 -0037-002-00 $280.33 461 -0037-041-00 $280.33
461 -0037-003-00 $280.33 461 -0037-042-00 $280.33
461 -0037-004-00 $280.33 461 -0037-043-00 $280.33
461 -0037-005-00 $280. 33 461 -0037-044-00 $280.33
461 -0037-006-00 $280.33 461 -0037-045-00 $280.33
461 -0037-007-00 $280.33 461 -0037-046-00 $280.33
461 -0037-008-00 $280.33 461 -0037-047-00 $280.33
461 -0037-009-00 $280.33 461 -0037-048-00 $280.33
461 -0037-010-00 $280.33 461 -0037-049-00 $280.33
461 -0037-011-00 $280.33 461 -0037-050-00 $280.33
461 -0037-012-00 $280.33 461 -0037-051-00 $280.33
461 -0037-013-00 $280.33 461 -0037-052-00 $280.33
461 -0037-014-00 $280.33 461 -0037-053-00 $280.33
461 -0037-015-00 $280.33 461 -0037-054-00 $280.33
461 -0037-016-00 $280.33 461 -0037-055-00 $280.33
461 -0037-017-00 $280.33 461 -0037-056-00 $280.33
461 -0037-018-00 $280.33 461 -0037-057-00 $280.33
461 -0037-019-00 $280.33 461 -0037-058-00 $280.33
461 -0037-020-00 $280.33 461 -0037-059-00 $280.33
461 -0037-021-00 $280.33 461 -0037-060-00 $280.33
461 -0037-022-00 $280.33 461 -0037-061-00 $280.33
461 -0037-023-00 $280.33 461 -0037-062-00 $280.33
461 -0037-024-00 $280.33 461 -0037-063-00 $280.33
461 -0037-025-00 $280.33 461 -0037-064-00 $280.33
461 -0037-026-00 $280.33 461 -0037-065-00 $280.33
461 -0037-027-00 $280.33 461 -0037-066-00 $280.33
461 -0037-028-00 $280.33 461 -0037-067-00 $280.33
461 -0037-029-00 $280.33 461 -0037-068-00 $280.33
461 -0037-030-00 $280.33 461 -0037-069-00 $280.33
461 -0037-031-00 $280.33 461 -0037-070-00 $280.33
461 -0037-032-00 $280.33 461 -0037-071-00 $280.33
461 -0037-033-00 $280.33 461 -0037-072-00 $280.33
461 -0037-034-00 $280.33 461 -0037-073-00 $280.33
461 -0037-035-00 $280.33 461 -0037-074-00 $280.33
461 -0037-036-00 $280.33 461 -0037-075-00 $280.33
461 -0037-037-00 $280.33 461 -0037-076-00 $280.33
461 -0037-038-00 $280.33 461 -0037-077-00 $280.33
461 -0037-039-00 $280.33 461 -0037-078-00 $280.33
461 -0037-040-00 $280.33 461 -0037-079-00 $280.33
Attachment V
2 FY 2026 Assessment Roll
Maintenance District No. 2
(Continued)
Assessor's
Parcel Number Assessment
Amount
Assessor's
Parcel
Number
Assessment
Amount
461 -0037-080-00 $280.33 461 -0100-011-00 $280.33
461 -0037-081-00 $280.33 461 -0100-012-00 $280.33
461 -0037-082-00 $280.33 461 -0100-013-00 $280.33
461 -0037-083-00 $280. 33 461 -0100-014-00 $280.33
461 -0037-084-00 $280.33 461 -0100-015-00 $280.33
461 -0037-085-00 $280.33 461 -0100-016-00 $280.33
461 -0037-086-00 $280.33 461 -0100-017-00 $280.33
461 -0037-087-00 $280.33 461 -0100-018-00 $280.33
461 -0037-088-00 $280.33 461 -0100-019-00 $280.33
461 -0037-089-00 $280.33 461 -0100-020-00 $280.33
461 -0037-090-00 $280.33 461 -0100-021-00 $280.33
461 -0037-091-00 $280.33 461 -0100-022-00 $280.33
461 -0037-092-00 $280.33 461 -0100-023-00 $280.33
461 -0037-093-00 $280.33 461 -0100-024-00 $280.33
461 -0037-094-00 $280.33 461 -0100-025-00 $280.33
461 -0037-095-00 $280.33 461 -0100-026-00 $280.33
461 -0037-096-00 $280.33 461 -0100-027-00 $280.33
461 -0037-097-00 $280.33 461 -0100-028-00 $280.33
461 -0037-098-00 $280.33 461 -0100-029-00 $280.33
461 -0037-099-00 $280.33 461 -0100-030-00 $280.33
461 -0037-100-00 $280.33 461 -0100-031-00 $280.33
461 -0037-101-00 $280.33 461 -0100-032-00 $280.33
461 -0037-102-00 $280.33 461 -0100-033-00 $280.33
461 -0037-103-00 $280.33 461 -0100-034-00 $280.33
461 -0037-104-00 $280.33 461 -0100-035-00 $280.33
461 -0037-105-00 $280.33 461 -0100-036-00 $280.33
461 -0037-106-00 $280.33 461 -0100-037-00 $280.33
461 -0037-107-00 $280.33 461 -0100-038-00 $280.33
461 -0037-108-00 $280.33 461 -0100-039-00 $280.33
461 -0037-109-00 $280.33 461 -0100-040-00 $280.33
461 -0037-110-00 $280.33 461 -0100-041-00 $280.33
461 -0100-003-00 $280.33 461 -0100-042-00 $280.33
461 -0100-004-00 $280.33 461 -0100-043-00 $280.33
461 -0100-005-00 $280.33 461 -0100-044-00 $280.33
461 -0100-006-00 $280.33 461 -0100-045-00 $280.33
461 -0100-007-00 $280.33 461 -0100-046-00 $280.33
461 -0100-008-00 $280.33 461 -0100-047-00 $280.33
461 -0100-009-00 $280.33 461 -0100-048-00 $280.33
461 -0100-010-00 $280.33 461 -0100-049-00 $280.33
Attachment V
3 FY 2026 Assessment Roll
Maintenance District No. 2
(Continued)
Assessor's
Parcel Number Assessment
Amount
Assessor's
Parcel
Number
Assessment
Amount
461 -0100-050-00 $280.33 461 -0100-089-00 $280.33
461 -0100-051-00 $280.33 461 -0100-090-00 $280.33
461 -0100-052-00 $280.33 461 -0100-091-00 $280.33
461 -0100-053-00 $280. 33 461 -0100-092-00 $280.33
461 -0100-054-00 $280.33 461 -0100-093-00 $280.33
461 -0100-055-00 $280.33 461 -0100-094-00 $280.33
461 -0100-056-00 $280.33 461 -0100-095-00 $280.33
461 -0100-057-00 $280.33 461 -0100-096-00 $280.33
461 -0100-058-00 $280.33 461 -0100-097-00 $280.33
461 -0100-059-00 $280.33 461 -0100-098-00 $280.33
461 -0100-060-00 $280.33 461 -0100-099-00 $280.33
461 -0100-061-00 $280.33 461 -0100-100-00 $280.33
461 -0100-062-00 $280.33 461 -0100-101-00 $280.33
461 -0100-063-00 $280.33 461 -0100-102-00 $280.33
461 -0100-064-00 $280.33 461 -0100-103-00 $280.33
461 -0100-065-00 $280.33 461 -0100-104-00 $280.33
461 -0100-066-00 $280.33 461 -0100-105-00 $280.33
461 -0100-067-00 $280.33 461 -0100-106-00 $280.33
461 -0100-068-00 $280.33 461 -0100-107-00 $280.33
461 -0100-069-00 $280.33 461 -0100-108-00 $280.33
461 -0100-070-00 $280.33 461 -0100-109-00 $280.33
461 -0100-071-00 $280.33 461 -0100-110-00 $280.33
461 -0100-072-00 $280.33 461 -0100-111-00 $280.33
461 -0100-073-00 $280.33 461 -0100-112-00 $280.33
461 -0100-074-00 $280.33 461 -0100-113-00 $280.33
461 -0100-075-00 $280.33 461 -0100-114-00 $280.33
461 -0100-076-00 $280.33 461 -0100-115-00 $280.33
461 -0100-077-00 $280.33 461 -0100-116-00 $280.33
461 -0100-078-00 $280.33 461 -0100-117-00 $280.33
461 -0100-079-00 $280.33 461 -0100-118-00 $280.33
461 -0100-080-00 $280.33 461 -0101-005-00 $280.33
461 -0100-081-00 $280.33 461 -0101-006-00 $280.33
461 -0100-082-00 $280.33 461 -0101-007-00 $280.33
461 -0100-083-00 $280.33 461 -0101-008-00 $280.33
461 -0100-084-00 $280.33 461 -0101-009-00 $280.33
461 -0100-085-00 $280.33 461 -0101-010-00 $280.33
461 -0100-086-00 $280.33 461 -0101-011-00 $280.33
461 -0100-087-00 $280.33 461 -0101-012-00 $280.33
461 -0100-088-00 $280.33 461 -0101-013-00 $280.33
Attachment V
4 FY 2026 Assessment Roll
Maintenance District No. 2
(Continued)
Assessor's
Parcel Number Assessment
Amount
Assessor's
Parcel
Number
Assessment
Amount
461 -0101-014-00 $280.33 461 -0101-053-00 $280.33
461 -0101-015-00 $280.33 461 -0101-054-00 $280.33
461 -0101-016-00 $280.33 461 -0101-055-00 $280.33
461 -0101-017-00 $280. 33 461 -0101-056-00 $280.33
461 -0101-018-00 $280.33 461 -0101-057-00 $280.33
461 -0101-019-00 $280.33 461 -0101-058-00 $280.33
461 -0101-020-00 $280.33 461 -0101-059-00 $280.33
461 -0101-021-00 $280.33 461 -0101-060-00 $280.33
461 -0101-022-00 $280.33 461 -0101-061-00 $280.33
461 -0101-023-00 $280.33 461 -0101-062-00 $280.33
461 -0101-024-00 $280.33 461 -0101-063-00 $280.33
461 -0101-025-00 $280.33 461 -0101-064-00 $280.33
461 -0101-026-00 $280.33 461 -0101-065-00 $280.33
461 -0101-027-00 $280.33 461 -0101-066-00 $280.33
461 -0101-028-00 $280.33 461 -0101-067-00 $280.33
461 -0101-029-00 $280.33 461 -0101-068-00 $280.33
461 -0101-030-00 $280.33 461 -0101-069-00 $280.33
461 -0101-031-00 $280.33 461 -0101-070-00 $280.33
461 -0101-032-00 $280.33 461 -0101-071-00 $280.33
461 -0101-033-00 $280.33 461 -0101-072-00 $280.33
461 -0101-034-00 $280.33 461 -0101-073-00 $280.33
461 -0101-035-00 $280.33 461 -0101-074-00 $280.33
461 -0101-036-00 $280.33 461 -0101-075-00 $280.33
461 -0101-037-00 $280.33 461 -0101-076-00 $280.33
461 -0101-038-00 $280.33 461 -0101-077-00 $280.33
461 -0101-039-00 $280.33 461 -0101-078-00 $280.33
461 -0101-040-00 $280.33 461 -0101-079-00 $280.33
461 -0101-041-00 $280.33 461 -0101-080-00 $280.33
461 -0101-042-00 $280.33 461 -0101-081-00 $280.33
461 -0101-043-00 $280.33 461 -0101-082-00 $280.33
461 -0101-044-00 $280.33 461 -0101-083-00 $280.33
461 -0101-045-00 $280.33 461 -0101-084-00 $280.33
461 -0101-046-00 $280.33 461 -0101-085-00 $280.33
461 -0101-047-00 $280.33 461 -0101-086-00 $280.33
461 -0101-048-00 $280.33 461 -0101-087-00 $280.33
461 -0101-049-00 $280.33 461 -0101-088-00 $280.33
461 -0101-050-00 $280.33 461 -0101-089-00 $280.33
461 -0101-051-00 $280.33 461 -0101-090-00 $280.33
461 -0101-052-00 $280.33 461 -0101-091-00 $280.33
Attachment V
5 FY 2026 Assessment Roll
Maintenance District No. 2
(Continued)
Assessor's
Parcel Number Assessment
Amount
Assessor's
Parcel
Number
Assessment
Amount
461 -0101-092-00 $280.33 461 -0101-131-00 $280.33
461 -0101-093-00 $280.33 461 -0101-132-00 $280.33
461 -0101-094-00 $280.33 461 -0101-133-00 $280.33
461 -0101-095-00 $280. 33 461 -0101-134-00 $280.33
461 -0101-096-00 $280.33 461 -0101-135-00 $280.33
461 -0101-097-00 $280.33 461 -0101-136-00 $280.33
461 -0101-098-00 $280.33 461 -0101-137-00 $280.33
461 -0101-099-00 $280.33 461 -0101-138-00 $280.33
461 -0101-100-00 $280.33 461 -0101-139-00 $280.33
461 -0101-101-00 $280.33 461 -0101-140-00 $280.33
461 -0101-102-00 $280.33 461 -0101-141-00 $280.33
461 -0101-103-00 $280.33 461 -0101-142-00 $280.33
461 -0101-104-00 $280.33 461 -0101-143-00 $280.33
461 -0101-105-00 $280.33 461 -0101-144-00 $280.33
461 -0101-106-00 $280.33 461 -0101-145-00 $280.33
461 -0101-107-00 $280.33 461 -0101-146-00 $280.33
461 -0101-108-00 $280.33 461 -0101-147-00 $280.33
461 -0101-109-00 $280.33 461 -0101-148-00 $280.33
461 -0101-110-00 $280.33 461 -0101-149-00 $280.33
461 -0101-111-00 $280.33 461 -0101-150-00 $280.33
461 -0101-112-00 $280.33 461 -0101-151-00 $280.33
461 -0101-113-00 $280.33 461 -0101-152-00 $280.33
461 -0101-114-00 $280.33 461 -0101-153-00 $280.33
461 -0101-115-00 $280.33 461 -0101-154-00 $280.33
461 -0101-116-00 $280.33 461 -0101-155-00 $280.33
461 -0101-117-00 $280.33 461 -0101-156-00 $280.33
461 -0101-118-00 $280.33 461 -0101-157-00 $280.33
461 -0101-119-00 $280.33 461 -0101-158-00 $280.33
461 -0101-120-00 $280.33 461 -0101-159-00 $280.33
461 -0101-121-00 $280.33 461 -0101-160-00 $280.33
461 -0101-122-00 $280.33 461 -0101-161-00 $280.33
461 -0101-123-00 $280.33 461 -0101-162-00 $280.33
461 -0101-124-00 $280.33 461 -0101-163-00 $280.33
461 -0101-125-00 $280.33 461 -0101-164-00 $280.33
461 -0101-126-00 $280.33 461 -0101-165-00 $280.33
461 -0101-127-00 $280.33 461 -0101-166-00 $280.33
461 -0101-128-00 $280.33 461 -0101-167-00 $280.33
461 -0101-129-00 $280.33 461 -0101-168-00 $280.33
461 -0101-130-00 $280.33 461 -0101-169-00 $280.33
Attachment V
6 FY 2026 Assessment Roll
Maintenance District No. 2
(Continued)
Assessor's
Parcel Number Assessment
Amount
Assessor's
Parcel
Number
Assessment
Amount
461 -0101-170-00 $280.33 461 -0102-039-00 $280.33
461 -0101-171-00 $280.33 461 -0102-040-00 $280.33
461 -0102-002-00 $280.33 461 -0102-041-00 $280.33
461 -0102-003-00 $280. 33 461 -0102-042-00 $280.33
461 -0102-004-00 $280.33 461 -0102-043-00 $280.33
461 -0102-005-00 $280.33 461 -0102-044-00 $280.33
461 -0102-006-00 $280.33 461 -0102-045-00 $280.33
461 -0102-007-00 $280.33 461 -0102-046-00 $280.33
461 -0102-008-00 $280.33 461 -0102-047-00 $280.33
461 -0102-009-00 $280.33 461 -0102-048-00 $280.33
461 -0102-010-00 $280.33 461 -0102-049-00 $280.33
461 -0102-011-00 $280.33 461 -0102-050-00 $280.33
461 -0102-012-00 $280.33 461 -0102-051-00 $280.33
461 -0102-013-00 $280.33 461 -0102-052-00 $280.33
461 -0102-014-00 $280.33 461 -0102-053-00 $280.33
461 -0102-015-00 $280.33 461 -0102-054-00 $280.33
461 -0102-016-00 $280.33 461 -0102-055-00 $280.33
461 -0102-017-00 $280.33 461 -0102-056-00 $280.33
461 -0102-018-00 $280.33 461 -0102-057-00 $280.33
461 -0102-019-00 $280.33 461 -0102-058-00 $280.33
461 -0102-020-00 $280.33 461 -0102-059-00 $280.33
461 -0102-021-00 $280.33 461 -0102-060-00 $280.33
461 -0102-022-00 $280.33 461 -0102-061-00 $280.33
461 -0102-023-00 $280.33 461 -0102-062-00 $280.33
461 -0102-024-00 $280.33 461 -0102-063-00 $280.33
461 -0102-025-00 $280.33 461 -0102-064-00 $280.33
461 -0102-026-00 $280.33 461 -0102-065-00 $280.33
461 -0102-027-00 $280.33 461 -0103-004-00 $280.33
461 -0102-028-00 $280.33 461 -0103-005-00 $280.33
461 -0102-029-00 $280.33 461 -0103-006-00 $280.33
461 -0102-030-00 $280.33 461 -0103-007-00 $280.33
461 -0102-031-00 $280.33 461 -0103-008-00 $280.33
461 -0102-032-00 $280.33 461 -0103-009-00 $280.33
461 -0102-033-00 $280.33 461 -0103-010-00 $280.33
461 -0102-034-00 $280.33 461 -0103-011-00 $280.33
461 -0102-035-00 $280.33 461 -0103-012-00 $280.33
461 -0102-036-00 $280.33 461 -0103-013-00 $280.33
461 -0102-037-00 $280.33 461 -0103-014-00 $280.33
461 -0102-038-00 $280.33 461 -0103-015-00 $280.33
Attachment V
7 FY 2026 Assessment Roll
Maintenance District No. 2
(Continued)
Assessor's
Parcel Number Assessment
Amount
Assessor's
Parcel
Number
Assessment
Amount
461 -0103-016-00 $280.33 461 -0103-049-00 $280.33
461 -0103-017-00 $280.33 461 -0103-050-00 $280.33
461 -0103-018-00 $280.33 461 -0103-051-00 $280.33
461 -0103-019-00 $280.33 461 -0103-052-00 $280.33
461 -0103-020-00 $280.33 461 -0103-053-00 $280.33
461 -0103-021-00 $280.33 461 -0103-054-00 $280.33
461 -0103-022-00 $280.33 461 -0103-055-00 $280.33
461 -0103-023-00 $280.33 461 -0103-056-00 $280.33
461 -0103-024-00 $280.33 461 -0103-057-00 $280.33
461 -0103-025-00 $280.33 461 -0103-058-00 $280.33
461 -0103-026-00 $280.33 461 -0103-059-00 $280.33
461 -0103-027-00 $280.33 461 -0103-060-00 $280.33
461 -0103-028-00 $280.33 461 -0103-061-00 $280.33
461 -0103-029-00 $280.33 461 -0103-062-00 $280.33
461 -0103-030-00 $280.33 461 -0103-063-00 $280.33
461 -0103-031-00 $280.33 461 -0103-064-00 $280.33
461 -0103-032-00 $280.33 461 -0103-065-00 $280.33
461 -0103-033-00 $280.33 461 -0103-066-00 $280.33
461 -0103-034-00 $280.33 461 -0103-067-00 $280.33
461 -0103-035-00 $280.33 461 -0103-068-00 $280.33
461 -0103-036-00 $280.33 461 -0103-069-00 $280.33
461 -0103-037-00 $280.33 461 -0103-070-00 $280.33
461 -0103-038-00 $280.33 461 -0103-071-00 $280.33
461 -0103-039-00 $280.33 461 -0103-072-00 $280.33
461 -0103-040-00 $280.33 461 -0103-073-00 $280.33
461 -0103-041-00 $280.33 461 -0103-074-00 $280.33
461 -0103-042-00 $280.33 461 -0103-075-00 $280.33
461 -0103-043-00 $280.33 461 -0103-076-00 $280.33
461 -0103-044-00 $280.33 461 -0103-077-00 $280.33
461 -0103-045-00 $280.33 461 -0103-078-00 $280.33
461 -0103-046-00 $280.33 461 -0103-079-00 $280.33
461 -0103-047-00 $280.33 461 -0103-080-00 $280.33
461 -0103-048-00 $280.33 461 -0103-081-00 $280.33

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-020
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Acting City Manager & Chief of Police

SUBJECT
Adopt a Resolution Approving the Hayward Police Department’sAnnual Military Equipment Use Report for April 2024 Through March 2025 and Renewing Ordinance 22-06 Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481

RECOMMENDATION
That the City Council: (1) Review the Hayward Police Department’s (HPD) Annual Military Equipment Use Report for April 2024 through March 2025 (Attachment III); and (2) Adopt a resolution (Attachment II) renewing HPD’s Military Equipment Use Policy No. 706 (Attachment IV) and Ordinance 22-06 (Attachment V). The resolution authorizes the HPD to continue to use the equipment in its inventory (Attachment VI), in accordance with applicable law and policy, and to purchase additional and/or replacement equipment.

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. The Council must then, on an annual basis, review the annual report submitted by law enforcement pursuant to Gov’tCode § 7071(e)(2), and approve the funding, acquisition and use of each type of military equipment. Subject to that review and approval, the Council must also vote on a resolution to renew Ordinance 22-06.

In this case, the Council adopted Ordinance 22-06, approving HPD’sMilitary Equipment Use Policy No. 706, on July 5, 2022. In accordance with AB 481, the Hayward Police Department then submitted its first annual Military Equipment Use Report to the City Council on June 20, 2023, at a regularly scheduled City Council meeting, at which time the resolution renewing Ordinance 22-06 was approved.

On June 25, 2024, the Council was presented with HPD’sAnnual Military Equipment Use Report for the period of April 2023 through March 2024, 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 CITY OF HAYWARD Printed on 6/20/2025Page 1 of 2
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File #:LB 25-020
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 25, 2024.

Now, the Council is again being presented with this year’s annual Military Equipment Use Report and being asked to approve a resolution that does the following:

1. Review HPD’s Annual Military Equipment Use Report for April 2024 - March 2025.

2. Adopt a resolution renewing the HPD’s Military Equipment Use Policy No. 706.

3. Adopt a resolution renewing Ordinance 22-06, authorizing the continued use of this equipment in accordance with applicable law and policy.

4. Adopt a resolution authorizing the purchase of additional and/or replacement equipment.

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, the 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.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Military Equipment Use Report
Attachment IV Military Equipment Use Policy
Attachment V Ordinance 22-06
Attachment VI Inventory List
CITY OF HAYWARD Printed on 6/20/2025Page 2 of 2
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DATE: June 24, 2025

TO: Mayor and City Council

FROM: Michael Lawson, Acting City Manager
Bryan Matthews, Chief of Police

SUBJECT: Adoption of a Resolution Approving the Hayward Police Department’s Annual Military Equipment Use Report for April 2024 Through March 2025 and Renewing Ordinance 22-06 Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481

RECOMMENDATION

That the Council: (1) Review the Hayward Police Department’s (HPD) Annual Military Equipment Use Report for April 2024 through March 2025 (Attachment III); and (2) Adopt a resolution (Attachment II) renewing HPD’s Military Equipment Use Policy No. 706 (Attachment IV) and Ordinance 22-06 (Attachment V). The resolution authorizes the HPD to continue to use the equipment in its inventory (Attachment VI), in accordance with applicable law and policy, and to purchase additional and/or replacement equipment.

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. 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 the funding, acquisition and use of each type of military equipment. Subject to that review and approval, the Council must also vote on a resolution to renew Ordinance 22-06.

In this case, the Council adopted Ordinance 22-06, approving HPD’s Military Equipment Use Policy No. 706, on July 5, 2022. In accordance with AB 481, the Hayward Police Department then submitted its first annual Military Equipment Use Report to the City Council on June 20, 2023, at a regularly scheduled City Council meeting, at which time the resolution renewing Ordinance 22-06 was approved.

On June 25, 2024, the Council was presented with HPD’s Annual Military Equipment Use Report for the period of April 2023 through March 2024, 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 25, 2024.

Now, the Council is again being presented with this year’s annual Military Equipment Use Report and being asked to approve a resolution that does the following:

1. Review HPD’s Annual Military Equipment Use Report for April 2024 – March 2025.

2. Adopt a resolution renewing the HPD’s Military Equipment Use Policy No. 706.

3. Adopt a resolution renewing Ordinance 22-06, authorizing the continued use of this equipment in accordance with applicable law and policy.

4. Adopt a resolution authorizing the purchase of additional and/or replacement equipment.

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, the 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 VI) 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 VI) 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.

Review of AB 481 Action Taken by Council in 2024

On June 25, 2024, the Council was presented with HPD’s Annual Military Equipment Use Report for the period of April 2023 through March 2024, 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 25, 2024.

Action Taken by HPD in 2025 to Satisfy the Annual Requirements of AB 481

On May 22, 2025, HPD’s Annual Military Equipment Use Report for the period of April 2024 through March 2025 was added to the HPD’s website. On May 28th, 2025, 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.

We are now before the Council requesting:

1. Review HPD’s Annual Military Equipment Use Report for April 2024 – March 2025.

2. Adopt a resolution renewing the HPD’s Military Equipment Use Policy No. 706.

3. Adopt a resolution renewing Ordinance 22-06, authorizing the continued use of this equipment in accordance with applicable law and policy.

4. Adopt a resolution authorizing the purchase of additional and/or replacement equipment.

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-power 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 133 mass shootings in the United States this year (as of June 05, 2025), which the website describes as shooting incidents where at least four people were killed or wounded.

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

- According to a study published by the FBI in June 2025, there were 24 active shooter events in the United States in 2024 (a 50% decrease from 2023). From 2020 to 2024, the FBI designated 223 active shooter incidents. This represented a 70% increase in active shooter incidents from the previous five-year period (2015-2019). - HPD officers responded to 210 calls for service in 2024 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, a 12% increase from 2023. - HPD officers seized 227 firearms in the City of Hayward in 2024.

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 VI) 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 4/1/2024 – 3/31/2025:

- Robot (0)
- Unmanned Aircraft Systems (72 deployments at 52 separate incidents) - Armored Personnel Carrier (27)
- Command and Control Vehicle (0)
- Breaching Shotgun (0)
- Carbine Rifles / Precision and Long Rifles (0)
- Noise and Flash Diversionary Devices (0)
- Chemical Agents “Tear Gas” (Oleoresin Capsicum) (10 at 2 separate incidents) - FN 303 Less Lethal Launcher (0)
- 40 mm Less Lethal Launcher (8)
- 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 previously 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.
- The HPD attended the Hayward Executive Airport Open House on September 15, 2024, during which HPD’s “military equipment” was displayed and HPD staff members were present to engage in dialogue with community members.
- The HPD attended the City of Hayward’s Trunk-or-Treat event on October 26, 2024, during which HPD’s “military equipment” was displayed and HPD staff members were present to engage in dialogue with community members and pass out candy. - The HPD attended the City of Hayward Bring Your Child to Work Day on April 24, 2025, during which HPD’s “military equipment” was displayed and HPD staff members were present to engage in dialogue with attendees.
- The HPD presented the current inventory, use during the reporting period of April 2024-March 2025, and discussed future acquisitions of “Military Equipment” with the Public Safety Committee on May 28, 2025. The public was welcome to attend and ask questions. The meeting was recorded and can be viewed by community members on the HPD website.

Community Feedback

During previous 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.

Energetic Breaching Program

In the interest of transparency, the HPD intends to expand emergency response capabilities by implementing an Energetic Breaching Program. The primary use of energetic breaching is to provide an immediate, efficient, and strategic entry into a fortified structure during an emergency operation. This calculated entry is designed to permit swift ingress and allow Special Response Unit (SRU) personnel to quickly locate and assess potential threats concealed in enclosed structures. Effective breaching techniques allow SRU personnel immediate entry with minimal risk to themselves, the community members and/or victims, and offenders. Fortified structures present a unique challenge, and they cannot be breached with HPD’s current equipment capabilities. An example of a fortified structure is highlighted in the photographs below, which were taken in the aftermath of a previous SRU response:

Energetic breaching is a technique involving the minimum amount of material needed to enter a location. SRU personnel assigned as breachers shall consider the safety of all people, including community members and/or victims, offenders, and the SRU personnel conducting the operation when developing a breaching plan. Energetic breaching is used when there are no other reasonable alternatives to rapidly gain access to a location. Energetic breaching is only used when time is of the essence to preserve life. Without energetic breaching as an option, SRU personnel may not be able to gain access to a location in a timely manner, therefore increasing the risk to the community members and/or victims.

The implementation of an energetic breaching program will allow HPD to maintain operational control at critical incidents, such as hostage rescues or active shooter incidents, without having to rely on outside agencies for support and resources. This program will also eliminate the potential unavailability of other outside agencies or the time delay associated with requesting assistance during a rapidly evolving incident, allowing HPD to be self- sufficient and in complete control of the operational response.

This program is necessary because there is no reasonable alternative to achieve the objective of protecting the lives of community members and/or victims, HPD Officers, and offenders during rare yet potentially catastrophic critical incidents.

FISCAL IMPACT

The items listed below are needed to replace, supplement, or upgrade an item currently in the HPD’s inventory. All purchases have been forecasted and will be funded through the HPD’s Operating and Capital Improvement Program budgets.

- UAS (2) 3,000
- Carbine Rifles (11) 20,000
- Specialty Ammunition 50,000
- NFDD’s (12) 1,017
- Energetic Breaching Tools 8,300
TOTAL $82,317

NEXT STEPS

Upon renewal of the ordinance by the 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: Michael Lawson, Acting City Manager
Bryan Matthews, Chief of Police

Approved by:

________________________________________________________ Michael Lawson, J.D.

Acting City Manager

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-___

Introduced by Council Member _________

RESOLUTION APPROVING THE HAYWARD POLICE DEPARTMENT’S ANNUAL MILITARY EQUIPMENT USE REPORT FOR APRIL 202 4 THROUGH MARCH 2025 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 Governme nt 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 are attached as Attachments III and IV 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 2024 through March 2025, attached as Attachment II to the Council Staff Report and incorporated herein; and

ATTACHMENT II

WHEREAS, the Annual Mil itary Equipment Use Report for the period of April 202 4 through March 2025, was submitted to the City Council and posted on the City’s website on May 22, 2025. In addition, a community engagement meeting was held on May 28, 2025 , 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 the 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 2024-2025 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 _______________________, 2025

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 2024-March 2025April 2024-March 2025
Annual Military Equipment Use ReportAnnual Military Equipment Use Report TABLE OF CONTENTS:
·Our Mission, Vision, and Core Values ......................................................................................................... 2 ·Preface ........................................................................................................................................................ 3 ·Equipment Overview .................................................................................................................................. 4 ·Background: Assembly Bill No. 481 ............................................................................................................ 5 ·Summary and Purpose of the use of the Military Equipment ................................................................. 6-8 ·Summary of Complaints or Concerns .……………………………………………………………………………………................. 9 ·Results of Internal Audits or Violations ...................................................................................................... 9 ·Annual Cost .............................................................................................................................................. 10 ·Fiscal Impact ............................................................................................................................................. 11 ·Quantity of Military Equipment ................................................................................................................ 12 ·Projected Acquisitions for FY 2026 ....................................................................................................... 13-14 ·Conclusion ................................................................................................................................................ 15 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 2024-March 2025April 2024-March 2025
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 2024-March 2025. The following information is included in this report (Government Code § 7072(a)):

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

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

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

4.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;

5.The quantity possessed for each type of military equipment; and

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

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
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 officers' 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). "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.

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
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 2024-March 2025April 2024-March 2025
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 2024-March 2025 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 0 times during this reporting period.

2. Unmanned Aircraft Systems (UAS) Program:The Unmanned Aircraft Systems were utilized in 52 incidents, with a total of 72 deployments during this reportingperiod. These deployments include:

HomicideBurglaries in progressRobberies in progressSearch warrant and arrest warrant operationsStolen vehiclesSearch for missing personsBarricaded suspectsSubjects armed with a gun

3. Armored Personnel Carrier:The Armored Solutions Armored Rescue Vehicle (ARV) was utilized 27 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 0 times during this reporting period.

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

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT CONT'D:

6. Carbine Rifles (.223 and 5.56 caliber):

The Carbine Rifles were utilized 0 times during this reporting period.

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. Ruger 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 0 times during this reporting period.

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

Chemical Agents were utilized 10 times during this reporting period.

An assault with a deadly weapon incident which the primary offender refused to come out of a hotel room.

The offender eventually surrendered and was taken into custody without incident.

A Special Response Unit call out for an assault with a deadly weapon during which the primary offender refused to come out of the residence. The offender eventually surrendered and was 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 8 times during this reporting period.

Two separate incidents of suspects armed with a deadly weapon, who were later taken into custody without incident.

A Special Response Unit Call out for a homicide search/arrest warrant service during which the primary offender refused to come out of the residence. The offender eventually surrendered and was taken into custody without incident.

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT CONT'D:

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
Hornady .308 Win 168 Grain Cartridge
Speed Gold Dot .223 62 Grain Cartridge

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
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 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.

All uses of military equipment that fall under the Hayward Police Department’s Use of Force Policy (Policy 300) undergo multiple supervisory and management reviews for law and policy compliance, including reviews by the Hayward Police Department’s Internal Affairs Unit.

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report

1. Robot

2. UAS

3. Armored Personnel Carrier

4. Command and Control Vehicle

5. Breaching Apparatus/Shotgun Slugs

6. Carbine Rifles

7. H&K MP5 and H&K PDW Entry Rifle

8. PWS MK216-LE Precision Rifle

9. Remington 700 Long Rifle

10. Noise Flash Diversionary Device

11. Chemical Agents "Tear Gas"

12. Pepper Powder Less Lethal Launcher

13. Specialty Impact Munitions
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 $270,989. 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.
$0
$24,364
$0
$0
$0
$10,897
$0
$1,770
$0
$0
$4,460
$0
$7,121
$36,200
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$26,438
$0
$1,696
$867
$75
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total: $84,812 $2,638$297,427
Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
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 2024-2025 fiscal year is $97,868,346.

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 2024 by the City of Hayward City Council. The cost of equipment purchases and expenditures is reflected in this report for April 2024-March 2025 pursuant to Assembly Bill No. 481.

During this reporting period, the Hayward Police Department spent approximately $384,877 for equipment and training specified in AB No. 481. The total expenditure represents 0.39% of the Hayward Police Department’s operational budget. No grant funding was utilized for training or equipment acquisition during this reporting period for equipment and training specified in AB No. 481.

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
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:

1. Robot (Current Quantity: 2)

2. Unmanned Aircraft Systems (UAS) (Current Quantity: 12)

3. Armored Personnel Carrier (Current Quantity: 1)

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

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

6. Carbine Rifles (.223 or 5.56 caliber) (Current Quantity: 113)

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

8. Ruger Precision Rifle (.308 caliber) (Current Quantity: 4)

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

10. Noise Flash Diversionary Device (Current Quantity: 22)

11. Chemical Agents “Tear Gas” (Oleoresin Capsicum) (Current Quantity: 226)

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

13. Specialty Impact Munitions Systems and Munitions (40mm Less Lethal) (Current Quantity: 18/100)

14. Ammunition
a) Winchester .223 Ranger Power-Point 64 Grain Cartridge (Current Quantity: 18,800) b) Winchester 5.56 Full Metal Jacket 55 Grain Cartridge (Current Quantity: 24,000) c) Winchester .308 Match King 168 Grain Cartridge (Current Quantity: 2,000) d) Hornady .308 Win 168 Grain Cartridge (Current Quantity: 3,000) e) Speed Gold Dot .223 62 Grain Cartridge (Current Quantity: 45,000) 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 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
PROJECTED ACQUISITIONS FOR FY 2026:

While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB No. 481 equipment may be necessary due to damage beyond 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:

UAS:

Based on operational needs and functionality, an additional 2 UAS’s need to be purchased in FY 2026. Below is a list of the quantity of each UAS needed, including their capabilities.

DJI AVATA 2 (2) UAS with a reduced flight noise of 81 decibels, 4K video capability at 60 fps, and an approximate flight time of 23 minutes.

The total cost for the additional (2) UAS’s, including all accessories, batteries, and charging stations is $3,000.

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

Rifles:

The Department anticipates the purchase of 11 new Carbine rifles. These will replace 15-year-old rifles which need to be retired from the current inventory. The cost of each rifle is approximately $1,600. The total cost for the purchase of new rifles will not exceed $20,000.

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

Hayward Police DepartmentHayward Police Department
April 2024-March 2025April 2024-March 2025
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
PROJECTED ACQUISITIONS FOR FY 2026 CONT'D:

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.

The 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 2026. The cost for 12 NFDD’s is $1017.12 per case.

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

Energetic Breaching Tools:

The Department plans to purchase tools that are used to conduct an energetic breach. Energetic breaching tools have a variety of individual capabilities. The listed tools will be utilized by SRU operators and are capable of breaching glass, metal doors, wood doors, deadbolts, locks, and hinges. The listed equipment is used by SRU operators to safely enter a structure during high-risk operations.

NONEL MS Detonators (100ft), quantity 40 pe case, $49 ea. =$1,973.20 Primacord 10 (50gr. Dt cord) (1,000 ft), quantity 2 stools per case = $1,620.00 Primacord 5 (25gr. Det cord) (1,500 ft), quantity 2 spools per case = $2,370.00 Primacord 4Y (18gr. Det cord) (1,000 ft), quantity 2 spools per case = $1,460.00 Primasheet (flexible sheet explosive, continuous roll in varying lengths) = $409.09 per lb Slip-on booster (20 grams), quantity 24 boosters per case, $360.00 per case, $90.00 for shipping = $450.00 The funding for this purchase has been allocated through HPD's Operating Budget.

Hayward Police DepartmentHayward Police Department
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CONCLUSION:

This Annual Military Equipment Use Report is intended to not only adhere to the law and Hayward Police Department policy, but it also demonstrates our commitment to transparency with information provided to our community and elected officials. The equipment outlined in this report support Hayward Police Officers’ efforts to protect our communities and enhance the safety of the public and officers. Our Police Department firmly believes responsible use of the equipment described in this report enhances our ability to deliver the highest level of professional, efficient, and effective service when faced with incidents requiring a thoughtful law enforcement response.

Understanding law enforcement is a partnership between the police and community, we will continue to serve and do all we can to guard against unintended or undesirable outcomes. The HPD prides itself on “Excellence and Accountability.”
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 510-293-7059
By 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)

Policy
706
Hayward Police Department
Hayward PD Policy Manual
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Published with permission by Hayward Police Department
Military Equipment - 1
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 elected body that oversees the [Department/Office].

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • 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. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• 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 firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools.

Attachment IV
Hayward Police Department
Hayward PD Policy Manual
Military Equipment
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Published with permission by Hayward Police Department
Military Equipment - 2
• Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• 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.
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.

Hayward Police Department
Hayward PD Policy Manual
Military Equipment
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Published with permission by Hayward Police Department
Military Equipment - 3
{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:
(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.

Hayward Police Department
Hayward PD Policy Manual
Military Equipment
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Published with permission by Hayward Police Department
Military Equipment - 4
(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.

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.

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(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. 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 Hayward Police Department
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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 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 Hayward Police Department
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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 APPENDIX
See attachment: HPD Military Equipment Inventory - 2025.pdf 706.9.2 REVISIONS
Adopted: July 5, 2022
Revised: May 07, 2024
Revised: May 13, 2024
Revised: May 6, 2025
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Attachments
Attachment
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HPD Military Equipment Inventory - 2025.pdf -
9 HPD Military Equipment Inventory - 2025.pdf
HPD Military Equipment Inventory - 2025.pdf
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 listed below is 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 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
DJI Mavic 3E: UAS that offers significantly improved imaging and performance due to its 4/3 CMOS camera at 20MP , wide-angle lens with a mechanical shutter with 0.7s interval shooting. This UAS weighs approximately 1.76 pounds, has a color and multispectral camera, and can record video with approximately 45 minutes of flight time and a hover time of 40 minutes. The lens of the dual-camera system supports a range of mapping and surveying functions, allowing more precision in capturing geospatial data. The DJI Mavic 3E is equipped with an omnidirectional sensing system, which is multiple wide-angle vision sensors onboard that 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: 1
Cost: $ 6,756.00

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 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:

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.
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.

6. Specialized Firearms and Ammunition (Category 10)
a. Description, quantity, capability, and purchase cost:

1. Carbine Rifle - Unit Cost: $1,039.75. Quantity: 113. 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. Ruger Precision Rifle – Unit Cost: $1,255.00. Quantity: 4. The Ruger Precision Rifle is a long precision rifle capable of stopping an armed subject at various distances. It is a magazine fed, shoulder fired, bolt-action firearm capable of single precision shots. 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: 18,800. 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: 24,000. 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: 600. 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.

9. Hornady .308 WIN 168 grain cartridge – Unit Cost: $ 29.92 (per 20 rounds). Quantity:
3,000. 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.

10. Speer Gold Dot .223 62 grain cartridge – Unit Cost: $12.69 (per 20 rounds). Quantity:
45,000. The .223 cartridge is the primary duty ammunition for the department's carbine rifles.

b. Purpose:

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, Ruger Precision Rifle, 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):
• 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) Ruger 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) Ruger 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: 22. 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.

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):
• 8 - CTS 2430 CS Powder shotgun rounds
• 40 - CTS 4431 40 mm Powder CS projectile
• 10 - CM Riot control CS Def Tech
• 17 - CTS 5231 Riot CS smoke Triple-phaser
• 14 - CTS 5230B Baffled Riot CS smoke
• 8 - CTS 6343 OC-CS Aerosol
• 8 - CTS 5430 Launchable Flameless Expulsion CS
• 55 - CTS 4401 Training 40 mm powder projectile
• 11 - CTS 6210-B blue smoke
• 7 - Def Tech Flameless Tri-Chamber CS

(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):
• 8 - CTS 2440 OC Powder shotgun rounds
• 18 - CTS 4441 40 mm Powder OC projectile
• 6 - CTS Omni-Stream OC Aerosol MK-9
• 6 - CTS 6340 OC-V Aerosol
• 9 - CTS 5440 Launchable Flameless Expulsion OC
• 1 - High Volume Stream OC pepper spray MK-9

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

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:

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: 18. 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.

(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

ORDINANCE NO. 22-06

AN ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA, ADDING ARTICLE 15 TO CHAPTER 3 OF THE HAYWARD MUNICIPAL CODE RELATING TO THE

USE OF MILITARY EQUIPMENT BY LAW ENFORCEMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, ( creating Government Code Section 7070, et seq.) relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill No. 481 (" AB 481"), requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a " military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term " military equipment" is defined in California Government Code section 7070; and WHEREAS, AB 481 allows the governing body of a City to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed Military Equipment Use Policy is attached hereto as Exhibit A" and incorporated herein by this reference ( the " Military Equipment Use Policy"); and WHEREAS, the proposed Military Equipment Use Policy No. 706 and a list of " military equipment" in the current possession of the Hayward Police Department was submitted to the City Council and published, and has remained published, on the Hayward Police Department's internet website on April 11, 2022, more than 30 days before the Military Equipment Use Policy was considered at a public hearing before the City Council on June 21, 2022; and
WHEREAS, the Military Equipment Use Policy meets the requirements of California Government Code section 7070, subdivision ( d).

THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

SECTION 1. Article 15 is added to Chapter 3 of the City of Hayward Municipal Code of the City of Hayward to read as follows:

SEC. 3-15.00 Title.

A. This Article shall be known as the " Military Equipment Use Policy." Attachment V
SEC. 3-15.10 Definitions.

A. " Military Equipment" includes all of the following ( Per CA Gov. Code § 7070)

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

2. Mine - resistant ambush - protected ( MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles ( HMMWV), commonly referred to as Humvees, two and one - half - ton trucks, five - ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all - terrain vehicles ( ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

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.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of . 50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of . 50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

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," excluding standard, service - issued handheld pepper spray.

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.

B. " City" means any department, agency, bureau, and/or subordinate division of the City of Hayward.

C. " Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Hayward Police Department.

D. " City Council" means the governing body that is the Hayward City Council.

E. " Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all the following:

1. 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.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency 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.

6. The mechanisms to ensure compliance with the Military Equipment use 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.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. " Exigent Circumstances" means 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.

G. " State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV ( except Section 20 thereof) or Article VI of the California Constitution.

H. " Type" means each item that shares the same manufacturer model number.

SEC. 3-15.11 Military Equipment Use Policy Requirement.

A. The Hayward Police Department shall obtain City Council approval of a Military Equipment Use Policy in accordance with Government Code Section 7071 at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act ( Chapter 9 commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in - kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Hayward.

5. 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 this chapter.

6. 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.

7. Acquiring Military Equipmentthrough any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Hayward Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Hayward Police Department shall cease its use of the Military Equipment until it receives the approval of City Council.

C. In seeking the approval of City Council, the Hayward Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

F. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act ( Chapter 9 commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

SEC. 3-15.12 Use in Exigent Circumstances.

A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.

SEC. 3-15.13 Military Equipment Use Reports.

A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, 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.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well - publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall 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.

SEC. 3-15.14 City Council Findings.

The Hayward City Council has made the following determinations:

A. In accordance with Government Code § 7071:
1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

2) The Military Equipment Use Policy (" Policy") will safeguard the public's welfare, safety, civil rights, and civil liberties; and 3) The military equipment identified in the Military Equipment Use Policy 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 applicable Equipment Use Policy ( which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

B. The Hayward Police Department commenced a City Council approval process in accordance with Government Code § 7071 subdivision ( a) paragraph ( 2) prior to May 1, 2022.

C. The Hayward Police Department submitted a proposed Military Equipment Use Policy and Military Equipment Inventory List to the City Council and made those documents available on the Hayward Police Department's website at least 30 days prior to the public hearing concerning the military equipment at issue in accordance with Government Code § 7071 subdivisions ( a) and ( b).

D. The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted in accordance with Government Code § 7071 subdivision ( c).

E. The Policy shall be made publicly available on the Hayward Police Department's website for as long as the military equipment is available for use.

F. The Hayward Police Department shall submit an annual Military Equipment Report to the City Council, containing the information required in Government Code § 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section ( A) subdivisions ( 1) through ( 4), above.

G. The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code § 7071 subdivision ( e) paragraph ( 2).

H. The City Council approves the use of the Military Equipment Use Policy and finds that it satisfies the requirements of Government Code § 7070(d).

SEC. 3-15.15 CEQA.

This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act ( CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b) ( 3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SEC. 3-15.16 Severance.

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

SEC. 3-15.17 Effective Date.

In accordance with the provisions of Section 620 of the City Charter, this ordinance shall become effective 30 days from and after the date of its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 21st day of June, 2022, by Council Member Zermeno.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the 5th day of July, 2022, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS: Lamnin, Marquez, Salinas, Wahab, Zermeno MAYOR: Halliday
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Andrews
APPROVED:
1T) LL
DATE:
17-6((ee
ATTEST:

APROVED AS TO FOR .

City Attorney of the City of Hayward
Mayor of the City of Ha
5/17 7, 2022,
7 City Clerk of the City of Hayward

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 listed below is 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, Attachment VI
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.

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 3E: UAS that offers significantly improved imaging and performance due to its 4/3 CMOS camera at 20MP , wide-angle lens with a mechanical shutter with 0.7s interval shooting. This UAS weighs approximately 1.76 pounds, has a color and multispectral camera, and can record video with approximately 45 minutes of flight time and a hover time of 40 minutes. The lens of the dual-camera system supports a range of mapping and surveying functions, allowing more precision in capturing geospatial data. The DJI Mavic 3E is equipped with an omnidirectional sensing system, which is multiple wide-angle vision sensors onboard that 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: 1
Cost: $ 6,756.00

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 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:

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.
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.

6. Specialized Firearms and Ammunition (Category 10)
a. Description, quantity, capability, and purchase cost:

1. Carbine Rifle - Unit Cost: $1,039.75. Quantity: 113. 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. Ruger Precision Rifle – Unit Cost: $1,255.00. Quantity: 4. The Ruger Precision Rifle is a long precision rifle capable of stopping an armed subject at various distances. It is a magazine fed, shoulder fired, bolt-action firearm capable of single precision shots. 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: 18,800. 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: 24,000. 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: 600. 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.

9. Hornady .308 WIN 168 grain cartridge – Unit Cost: $ 29.92 (per 20 rounds). Quantity:
3,000. 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.

10. Speer Gold Dot .223 62 grain cartridge – Unit Cost: $12.69 (per 20 rounds). Quantity:
45,000. The .223 cartridge is the primary duty ammunition for the department's carbine rifles.

b. Purpose:

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, Ruger Precision Rifle, 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):
• 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) Ruger 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) Ruger 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: 22. 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.

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):
• 8 - CTS 2430 CS Powder shotgun rounds
• 40 - CTS 4431 40 mm Powder CS projectile
• 10 - CM Riot control CS Def Tech
• 17 - CTS 5231 Riot CS smoke Triple-phaser
• 14 - CTS 5230B Baffled Riot CS smoke
• 8 - CTS 6343 OC-CS Aerosol
• 8 - CTS 5430 Launchable Flameless Expulsion CS
• 55 - CTS 4401 Training 40 mm powder projectile
• 11 - CTS 6210-B blue smoke
• 7 - Def Tech Flameless Tri-Chamber CS

(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):
• 8 - CTS 2440 OC Powder shotgun rounds
• 18 - CTS 4441 40 mm Powder OC projectile
• 6 - CTS Omni-Stream OC Aerosol MK-9
• 6 - CTS 6340 OC-V Aerosol
• 9 - CTS 5440 Launchable Flameless Expulsion OC
• 1 - High Volume Stream OC pepper spray MK-9

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

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:

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: 18. 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.

(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

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-022
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Mayor

SUBJECT
Council-Appointed Officer’s Employment Agreement: Adopt a Resolution Approving an Employment Agreement between the City of Hayward and Jayanti Addleman to Serve as the Interim City Manager and Authorize the Mayor to Execute the Agreement

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) approving an employment agreement between the City of Hayward and Jayanti Addleman to serve as the Interim City Manager and authorizes the Mayor to execute the agreement.

SUMMARY
Pursuant to Article VII of the Hayward City Charter, the City Manager shall be appointed by the Council and serve at the pleasure of the Council. On June 17, 2025 the City Council took action to appoint Library Services Director Jayanti Addleman as the Interim City Manager, effective July 1, 2025.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 1
powered by Legistar™

DATE: June 24, 2025

TO: City Council

FROM: Mayor

SUBJECT: Council-Appointed Officer’s Employment Agreement: Adopt a Resolution Approving an Employment Agreement between the City of Hayward and Jayanti Addleman to serve as the Interim City Manager and Authorize the Mayor to Execute the Agreement

RECOMMENDATION

That Council adopts a resolu tion (Attachment II) approving an employment agreement between the City of Hayward and Jayanti Addleman to serve as the Interim City Manager and authorizes the Mayor to execute the agreement.

SUMMARY
Pursuant to Article VII of the Hayward City Charter, the City Manager shall be appointed by the Council and serve at the pleasure of the Council. On June 17, 2025 the City Council took action to appoint Library Services Director Jayanti Addleman as the Interim City Manager, effective July 1, 2025.

BACKGROUND AND DISCUSSION

Dr. Ana Alvarez’s separation from the Council Appointed position of City Manager is effective on June 24, 2025. Acting City Manager Michael Lawson will continue in his role until Jayanti Addleman assumes the Interim City Manager role on July 1, 2025. The terms of the agreement, including compensation, are commensurate with the scope of duties and expectations of an Interim City Manager.

FISCAL IMPACT

The recommendations provided herein will have no additional fiscal impact.

STRATEGIC ROADMAP

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

NEXT STEPS

If approved, staff will finalize the employment agreement with Jayanti Addleman to serve as the Interim City Manager and coordinate implementation of the salary and compensation changes with Payroll.

Prepared by: Michael Vigilia, Acting City Attorney

Recommended by: Michael Lawson, J.D., Acting City Manager

Approved by:

________________________________________________________ Mark Salinas, Mayor

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 25-______
Introduced by _________________________

RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE

CITY OF HAYWARD AND INTERIM CITY MANAGER AND AUTHORIZING THE

MAYOR TO EXECUTE THE AGREEMENT
WHEREAS The City Council desires to appoint Jayanti Addleman to the position of Interim City Manager, effective July 1, 2025, with that appointment being anticipated to last until a permanent City Manager is selected and assumes that office; and WHEREAS The City Council desires to establish certain conditions of this temporary appointment, provide appropriate compensation and benefits, and set working conditions for such assignment to the position of Interim City Manager; and WHEREAS The Employee desires to accept this appointment and promotion on a temporary basis and on such terms as offered by the City Council .

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the employment agreement between the City of Hayward and the Interim City Manager effective July 1, 2025 , until a permanent City Manager is selected and assumes office, and authorizes the Mayor to execute the agreement, in a form approved by the City Attorney.

ATTACHMENT III

IN COUNCIL, HAYWARD, CALIFORNIA ____________________________, 2025 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
Miriam Lens
City Clerk
APPROVED AS TO FORM:
__________________________________________
Michael Vigilia
Acting City Attorney