Agenda packet — Hayward City Council, June 16, 2026 (part 5 of 6)

4 31% to 40%
• Limit irrigation to 1 day per week
• Prohibit refilling of pools with potable water and no new pool permits to be issued
5 41% to 50%
• Moratorium or Net Zero Demand Increase on new
connections
• Reduce water allocations in all categories
• Prohibit watering of parks, school grounds and
recreation fields
6 Over 50%
• Reduce water for commercial, manufacturing and
processing
• Provide water use for public health and safety only,
including customer rationing if necessary
• Prohibit all irrigation
• Authorize City to shut off non-essential water services

Demand Management

Demand management refers to the full range of efforts that an agency undertakes to control water demand, including water conservation. As mentioned previously, Hayward’s per- capita water use is one of the lowest, compared to other agencies that purchase water from the SFPUC, partially because Hayward has long been committed to effective water conservation. The 2025 UWMP includes a full discussion of Hayward’s water conservation programs.

The City currently implements a variety of demand management measures, including:

• Water Waste Prohibition Ordinance
• Advanced Metering infrastructure (AMI) on all meters to automatically transmit water consumption for billing purposes , and customer portal to access real -time information about water consumption, leaks, and other useful data • Water bill information broken down by us e per day, comparison of us e with prior year, and use for the previous 12 billing periods in chart form • Customer rebates for replacement of lawns with water efficient landscaping • Rain barrel rebates
• Commercial/Industrial/Institutional irrigation hardware rebates • Distribution of low-flow showerheads and faucet aerators at no cost to customers • Public outreach and education, including very popular water efficient landscaping classes
• School education, including in-class curriculum and assembly programs • Landscape water budgets and bimonthly water use reports for selected customers with large-landscaped areas
• Residential self-audit tool program for residents to participate in a self - administered home water audit
• Conservation pricing to provide financial incentives for conservation • Water efficient landscaping of City-owned sites and active irrigation management • Water efficient landscaping ordinances and guidelines 601

Page 12 of 13 ends

• Online water waste reporting
• Assessment and repair of system leaks to address distribution system losses

As demand management is a constantly evolving field, staff will continue to research and evaluate programs and technology to provide City customers with additional water use efficiency opportunities, and to assist Hayward in meeting i ts long-term water efficiency targets.

Compliance with Water Conservation Act of 2009 (SB X7-7)

The Water Conservation Act of 2009, also referred to as SB X7-7, was enacted in November 2009 to reduce statewide urban per capita water use by 10% in 2015 and by 20% in 2020.

Retail agencies subject to the provisions of SB X7 -7, including Hayward, were required to establish water use targets for 2015 and 2020, based on a selected methodology, and adopt the methodology as part of the 2010 UWMP. For the 2020 UWMP, agencies were required to verify whether they achieved their adopted water targets.

Table 4 compares Hayward’s 2020 target with actual 2020 use. With gross per capita usage of 87 gpcd in 2020. It should be noted that per capita water use refers to gross water use by all customers: residential, commercial, institutional, and industrial. In essence, per capita use means the total water consumed in Hayward, divided by the number of residents. Hayward met its target within the required time frame and is well in compliance.

Table 4 – Comparison of 2020 Water Use Target and Actual Water Use (in gpcd) Was Supplier
part of a merger
or consolidation
since 2020?
Regional
Alliance Target
or Individual
Target?
Drop down list
2020 Target Actual 2020
GPCD
Did Supplier Achieve
Targeted Reduction
for 2020?
No Individual
Target 124 87 Yes
Notes: Targeted reduction for 2020 information was provided in the 2020 UWMP.

In accordance with California Water Code Section 10652, the California Environmental Quality Act (CEQA) does not apply to the preparation and adoption of the Urban Water Management Plan and the Water Shortage Contingency Plan, as they do not constitute a project(s) under CEQA.

ECONOMIC IMPACT

There are no direct economic impacts associated with the UWMP. It is a local planning document and serves to assist with state -wide water supply and reliability analysis. The UWMP documents the reliability of the City’s water supplies, which can strengthen economic conditions and foster sustainable growth.

602

Page 13 of 13 ends

STRATEGIC ROADMAP

Although the 2025 UWMP and WSCP are not specified projects in the City’s FY 2025 Strategic Roadmap, this agenda item supports measures related to housing production and preservation, efforts to enhance and protect water supplies, as well as the planting of additional trees to both combat climate change and beautify the City. Strategic Priority 2:

Preserve, Protect & Produce Housing for All, Priority 3: Confront Climate Crisis, and Priority 4: Investing in Infrastructure.

SUSTAINABILITY FEATURES

The 2025 UWMP provides an opportunity for Hayward to practice sustainable water management planning through integration of water supply and demand using a methodical process to address short- and long-term conditions. A n assessment of water supplies and reliability helps the City prepare for sustainable growth and challenges that may arise as climate and economic conditions change. The 2025 WSCP provides response actions to be taken should Hayward experience water shortage periods preserving water supplies.

PUBLIC CONTACT

The public review draft of the UWMP was released on Ju ne 2, 2026, to give the public an opportunity to comment prior to City Council consideration. Staff will provide Council with an update on any comments received. Staff also released an announcement to the community by email and published the public notice twice in the Daily Review on May 29, 2026, and June 5, 2026.

NEXT STEPS

If the Council adopts the 2025 UWMP and WSCP, staff will work with the consultant to submit them to the State in a timely manner and utilize the Plans to manage water supplies and respond to water shortages as needed.

Prepared by: Cheryl Muñoz, Water Resources Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________
Jennifer Ott, City Manager
603

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION ADOPTING THE 2 025 URBAN WATER MANAGEMENT PLAN

FOR THE CITY OF HAYWARD

WHEREAS, the 1983 Urban Water Management Planning Act (Act), amended through 2025, requires all California urban water agencies that supply more than 3,000 acre -feet of water annually or have more than 3,000 connections to review and update its Urban Water Management Plan every five years; and

WHEREAS, the City of Hayward Water System supplie d more than 15,000 acre- feet of water in 2025 and has more than 38,000 service connections, and is therefore subject to the provisions of the Act; and

WHEREAS, the City of Hayward has prepared the 202 5 Urban Water Management Plan in accordance with provisions of the Act in cooperation with the City’s wholesale water supplier and other public entities to the extent practicable; and

WHEREAS, the City of Hayward has comprehensively and methodically reviewed and assessed current and historical water usage data, projected water demand, projected water supplies, water supply reliability, and water conservation; and

WHEREAS, a draft of the 202 5 Urban Water Management Plan in its entirety was made available for public review on June 2, 2026; and

WHEREAS, the Director of Public Works has submitted to the City Council for review a copy of the draft 2025 Urban Water Management Plan and staff report dated June 16, 2026; and

WHEREAS, a public hearing was held on June 16, 2026, in the manner prescribed by law.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the plan entitled “2025 Urban Water Management Plan,” a copy of which is on file in the office of the Department of Public Works & Utilities and Office of the City Clerk, is hereby adopted as the urban water management plan for the City of Hayward.

604

ATTACHMENT II

Page 2 of 2 ends

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that, under the California Water Code Section 10652, adoption of the Urban Water Management Plan does not constitute a project under the California Environmental Quality Act (CEQA) and this action is exempt from CEQA.

IN COUNCIL, HAYWARD, CALIFORNIA, , 2026

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
605

ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member ________________

RESOLUTION ADOPTING THE 2025 WATER SHORTAGE CONTINGENCY PLAN

FOR THE CITY OF HAYWARD

WHEREAS, the 1983 Urban Water Management Planning Act, amended through 2025, requires all California urban water agencies that supply more than 3,000 acre -feet of water annually or have more than 3,000 connection s to review and update its Urban Water Management Plan every five years; and

WHEREAS, the California Water Code requires urban water suppliers to prepare a Water Shortage Contingency Plan to be included in its Urban Water Management Plan; and

WHEREAS, the Water Shortage Contingency Plan must be adopted along after it is made available for public review and comment; and

WHEREAS, the City has prepared a draft Water Shortage Contingency Plan in accordance with all provisions of the Urban Water Management Planning Act; and

WHEREAS, a draft of the 202 5 Water Shortage Contingency Plan in its entirety was made available for public review on June 2, 2026; and

WHEREAS, the Director of Public Works has submitted to the City Council for review a copy of the draft 202 5 Water Shortage Contingency Plan and staff report dated Ju ne 16, 2026, as part of the Urban Water Management Plan staff report; and

WHEREAS, a public hearing was held on Ju ne 16, 2026, in the manner prescribed by law.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the plan entitled “202 5 Water Shortage Contingency Plan,” a copy of which is on file in the office of the Department of Public Works & Utilities and Office of the City Clerk, is hereby adopted as the water shortage contingency plan for the City of Hayward.

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that, under the California Water Code Section 10652, adoption of the Water Shortage Contingency Plan does not constitute a project under the California Environmental Quality Act (CEQA) and t his action is exempt from CEQA.

606

ATTACHMENT III

Page 2 of 2 ends

IN COUNCIL, HAYWARD, CALIFORNIA, , 2026.

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

607

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 26-010
DATE: June 16, 2026
TO: Mayor and City Council
FROM: City Manager & Chief of Police

SUBJECT
Military Equipment Use: Approve the Hayward Police Department’s Annual Military Equipment Use Report for April 2025 through March 2026 and Renew 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 2025 through March 2026 (Attachment II); and (2) Adopt a resolution (Attachment III) 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
Assembly Bill (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.” The City Council adopted Ordinance 22-06, approving HPD’s Military Equipment Use Policy No. 706, on July 5, 2022.

Annually, HPD is required to submit a report on the use of Military Equipment for that year for approval by City Council, as well as seek Council approval to renew Ordinance 22-06. Staff has done this each June since 2022.

At this meeting, staff is requesting that Council adopt two resolutions for the following:

1. Approval of HPD’s Annual Military Equipment Use Report for April 2025 - March 2026.

2. Renewal of the HPD’s Military Equipment Use Policy No. 706.

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

4. Authorization of the purchase of additional and/or replacement equipment, including equipment CITY OF HAYWARD Printed on 6/12/2026Page 1 of 2
powered by Legistar™
608
File #:LB 26-010

4. Authorization of the purchase of additional and/or replacement equipment, including equipment that will allow the HPD to supplement its existing Unmanned Aerial Systems (UAS) Program with a Drone as a First Responder (DFR) concept.

As indicated under No. 4, the HPD intends to seek authorization to purchase additional equipment to support the implementation of a DFR concept as a part of the HPD’s existing UAS Program. This supplemental concept is discussed in detail in this report, beginning on page 7, and was presented at the Council Public Safety Committee (CPSC) meeting on May 14, 2026. This purchase would be using existing funds that are included in the Fiscal Year 2026-27 adopted budget.

ATTACHMENTS
Attachment I Staff Report
Attachment II Annual Report
Attachment III Resolution
Attachment IV Policy 706 Military Equipment
Attachment V Ordinance 22-06
Attachment VI Military Equipment Inventory List
Attachment VII AB 481 Background and Community Engagement Attachment VIII Policy 611 Unmanned Aerial System (UAS) Operations CITY OF HAYWARD Printed on 6/12/2026Page 2 of 2
powered by Legistar™
609

Page 1 of 13 ends

DATE: June 16, 2026

TO: Mayor and City Council

FROM: City Manager
Chief of Police

SUBJECT: Military Equipment Use: Approve the Hayward Police Department’s Annual Military Equipment Use Report for April 2025 through March 2026 and Renew 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 2025 through March 2026 (Attachment II); and (2) Adopt a resolution (Attachment III) 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

Assembly Bill ( 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.” The City Council adopted Ordinance 22 -06, approving HPD’s Military Equipment Use Policy No. 706, on July 5, 2022.

Annually, HPD is required to submit a report on the use of Military Equipment for that year for approval by City Council, as well as seek Council approval to renew Ordinance 22-06.

Staff has done this each June since 2022.

At this meeting, staff is requesting that Council adopt two resolutions for the following:

1. Approval of HPD’s Annual Military Equipment Use Report for April 2025 – March 2026.

2. Renewal of the HPD’s Military Equipment Use Policy No. 706. 610

Page 2 of 13 ends

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

FISCAL IMPACT

The two items listed below are needed to replace, supplement, or upgrade an item currently in the HPD’s inventory. No increases to the General Fund will be requested for these items as discussed further in this report. All purchases have been forecasted and will be funded through asset forfeiture funds, grant funds, and HPD’s existing supplies and services budget.

- UAS (DFR - 8) up to $589,000
- Energetic Breaching Tools $8,300
TOTAL up to $597,300

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, requir ed 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, in order 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 requires 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.

Page 3 of 13 ends

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 officer s’ safety. Reference (Attachment VII) for additional background information related to AB 481.

Review of AB 481 Action Taken by Council in 2025

On June 24, 2025, the Council was presented with HPD’s Annual Military Equipment Use Report for the period of April 2024 through March 2025, as well as Ordinance No 22 -06, which approved of HPD’s 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 24, 2025.

Action Taken by HPD in 2026 to Satisfy the Annual Requirements of AB 481

On May 11, 2026, HPD’s Annual Military Equipment Use Report for the period of April 2025 through March 202 6 was added to the HPD’s website . On May 14, 202 6, a public 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.

The HPD is requesting the Council adopt a resolution:

1. Approving HPD’s Annual Military Equipment Use Report for April 2025 – March 2026.

2. Renewing the HPD’s Military Equipment Use Policy No. 706,

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

4. Authorizing the purchase of additional and/or replacement equipment , including equipment that will allow the HPD to supplement its existing UAS Program with a DFR concept.

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.

612

Page 4 of 13 ends

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:

613

Page 5 of 13 ends

- 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.

- San Diego, California (May 18, 2026): 2 subjects opened fire at the Islamic Center of San Diego, which also houses a school. In total, 3 people were shot and killed.

According to The Gun Violence Archive, there have been 150 mass shootings in the United States this year (as of May 18, 2026), which the website describes as shooting incidents where at least four people were killed or wounded.

Additionally, the following national and local statistics further support the need to be prepared to respond and to maintain “military equipment” in the HPD’s inventory:

- 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 161 calls for service in 2025 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 23% decrease from 2024.

- HPD officers seized 326 firearms in 2025, a 44% increase from 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 listed 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, 614

Page 6 of 13 ends

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 April 1, 2025 – March 31, 2026:

- Robot (0)
- Unmanned Aircraft Systems (62 deployments at 61 separate incidents) - Armored Personnel Carrier (14)
- 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) (0)
- FN 303 Less Lethal Launcher (0)
- 40 mm Less Lethal Launcher (0)
- Specialty Ammunition (0)

Drone as a First Responder (DFR) Concept

In 2022, the City Council authorized the HPD to operate a UAS Program, which allows for the use of UAS to assist in response to Calls for Service (CFS) and emerging incidents as outlined in HPD Policy 611 (Unmanned Aerial System (UAS) Operations) – HPD Policy 611 is attached for reference (Attachment VIII). HPD created a standalone webpage dedicated to its UAS Program which provides information on the program itself, associated policies and procedures, and a 615

Page 7 of 13 ends

UAS usage log which provides the date, time, location, and reason for each UAS use case. This webpage and the associated information related to the HPD’s UAS Program has been available to the public since the program’s inception. Since the UAS Program’s inception, HPD has conducted a total of 321 UAS flights to assist with a variety of CFS and emerging incidents, including but not limited to offender apprehension, barricaded subjects, searches for missing persons, etc.. To date, the HPD has not received any complaints regarding UAS usage nor have there been any usages that have violated existing laws, policies, or procedures.

HPD intends to supplement its existing UAS Program with a DFR concept, with the goal of enhancing public safety services and the ability of the HPD and the Hayward Fire Department (HFD) to respond to emerging incidents more effectively and efficiently. This supplemental concept leverages technological advancements that will allow police officers and firefighters to improve emergency response, enhance situational awareness, and support safer outcomes for police officers, firefighters, and community members , all of which can be achieved despite ongoing fiscal and staffing challenges.

What is DFR?:

The DFR concept allows UAS, commonly referred to as drones, to be pre-positioned at strategic locations within the City for immediate deployment to CFS and emerging incidents. This supplemental concept will allow for rapid response to police and fire CFS and emerging incidents using UAS technology, which will result in UAS arriving at a scene before police officers and firefighters. Staff members can use images from UAS to provide real-time, critical information to police officers and firefighters as they respond to CFS and emergencies in a manner consistent with the use of a police or fire helicopter. This supplemental concept is 100% reactive, meaning it will only be used in response to CFS, community complaints, or direct police officer or firefighter observations. The following is an example of a typical workflow:

- An incident is reported to the 911 Communications Center by a community member and a UAS is launched and autonomously flown to the scene in response.

- The UAS will typically arrive on scene prior to responding police officers and firefighters (although that is not always the case as staff could be closer to a CFS or emerging incident than the actual launch site).

- Staff in the Real Time Information Center monitor live feed images from the UAS at the scene of the CFS or emerging incident, which will allow them to relay real -time observations to responding police officers and firefighters. This will provide responding staff with crucial information allowing for enhanced situational awareness to inform responses for improved incident outcomes.

Why DFR is Needed?

In evaluating this supplemental concept, the HPD identified several operational needs that DFR can support, some of which are related to ongoing staffing and financial challenges. Undeniable 616

Page 8 of 13 ends

public safety and operational efficiency benefits exist with this supplemental concept, which include, but are not limited to, the following:

- DFR provides real -time situational awareness: DFR allows police officers and firefighters to scale responses to CFS and emergencies using UAS technology based on first-hand observations, real -time threat assessments, and inter -departmental coordination.

- DFR enhances operational efficiency: DFR allows for rapid response to CFS and emerging incidents, improving overall response times even when staffing and financial challenges exist. Additionally, DFR allows certain CFS to be visually cleared without physically sending police officers or firefighters to scenes, which allows them to remain in service and prepared to respond to the next emergency.

- DFR supports de -escalation strategies: DFR supports de -escalation strategies, particularly in volatile situations, and allows police officers to assess situations and coordinate responses from a safe distance without direct confrontation with subjects.

Resources can be coordinated in such a way that create time and distance, which are integral components to achieving safe outcomes, and that prevent incidents from expanding within neighborhoods (e.g., coordinating resources to localize a problem and prevent offender flight into a neighborhood, etc.).

- DFR enhances police officer, firefighter, and community safety: DFR allows critical safety information to be relayed to police officers and firefighters as they are responding to emergencies, which will improve safety outcomes and save lives. Examples include, but are not limited to:
o Police officers will be able to know directions and environment in which fleeing offenders travel, to avoid ambushes, to coordinate responses to volatile situations from safe distances, to search for missing persons, etc. o Firefighters will be able to assess the structural integrity of buildings prior to entering, observe hazardous materials incidents from safe distances and coordinate evacuations, map the path of neighborhood or wildland fires in real- time, etc.

- DFR contributes to offender apprehension and case solvability: DFR will allow for improved response times, allowing police officers to increase the likelihood of offender apprehension during in-progress crimes, the likelihood of case solvability, and it will assist in achieving the goal of seeking justice for victims and their families.

DFR Trial Program:

As a part of the evaluation of this supplemental concept, HPD conducted a trial program in partnership with Axon (current provider of body worn camera, in -car camera, and digital evidence storage technologies) and Skydio (UAS company with their primary manufacturing facility in Hayward). For this trial program, Axon and Skydio provided the technology and associated equipment to the HPD at no cost. The trial program lasted a total of four (4) weeks 617

Page 9 of 13 ends

during which UAS were remotely launched from the rooftop of City Hall to live CFS and emerging incidents as they were reported to the 911 Communications Center. Existing HPD staff members were temporarily repurposed to support this trial program (without overtime impacts) and they provided real -time information to police officers responding in the field.

Additionally, they were able to use UAS to visually clear some CFS without physically sending police officers to scenes. The trial program was primarily limited to a two-mile radius around City Hall based on the location of the launch site.

Preliminary data analysis supports operational efficiency, as highlighted by the following:

- DFR teams worked a total of two hundred and fifteen (215) hours over twenty-two (22) days.

- DFR teams responded to three hundred and twenty -six (326) CFS and visually cleared one hundred and eight (108) CFS without having to physically send a police officer to the scene.

- The DFR teams provided operational information and support to police officers and firefighters on one hundred forty-eight (148) of these CFS.

- The UAS arrived on-scene first during fifty three percent (53%) of CFS and reduced response times by an average of two (2) minutes and thirty (30) seconds (when the UAS was available).

DFR Concept Structure:

The HPD intends to leverage existing staff members to support this supplemental concept. UAS would be flown and monitored out of the Real Time Information Center, which will be staffed by two Community Service Officers (CSOs) during times where data shows peak call volumes for both HPD and HFD. These CSOs are current members of HPD and would be repurposed from the HPD Jail in alignment with modifications to HPD Jail operations. These CSOs would undergo certified training in UAS operations, HPD and HFD operations, and UAS laws, policies, and procedures. Additionally, they would be assigned to the HPD’s Investigations Division and be supervised by an HPD Sergeant, Lieutenant, and Captain.

DFR Concept and HPD Policy 611:

Prior to City Council approval in 2022 and its inception, HPD did extensive community engagement and outreach in developing the UAS Program, associated training manuals, and associated policies and procedures. One of the primary community concerns expressed by some was regarding authorized use of UAS technology, prohibited use of UAS technology, and individual privacy. In fact, community members and City Council members were engaged in and participated in the development of HPD Policy 611, which has been effective since March 17, 2022 and is available for public consumption on the HPD’s website.

618

Page 10 of 13 ends

The HPD acknowledges these privacy concerns and the privacy language and associated mandates in HPD Policy 611 will remain unchanged. HPD staff members will continue to be expressly prohibited from recording or transmitting images of any location where a person would have a reasonable expectation of privacy absent a warrant or exigent circumstances (reference HPD Policy section 611.3).

The section of HPD Policy 611 that addresses prohibited uses of UAS technology will also remain unchanged, with language added to prohibit the manual override of a DFR UAS camera while a UAS is in flight to a call for service. Specifically, HPD Policy 611 expressly prohibits UAS usage to engage in the following (reference HPD Policy section 611.8):

- To conduct random surveillance activities, including the manual override of DFR UAS cameras while a UAS is in flight before arriving in the area of a call for service. - To target a person based solely 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.
- To harass, intimidate, or discriminate against any individual or group. - To conduct personal business of any type.
- The UAS shall not be weaponized.
- The UAS shall not have facial recognition technology. - To conduct routine monitoring of a mass gathering, protest, or demonstration where security concerns do not exist or where criminal activity is not occurring.

The section of HPD Policy 611 that addresses authorized uses remains largely unchanged, but for a minor addition specific to this supplemental concept. Specifically, HPD Policy 611 allows UAS usage in a variety of scenarios (reference HPD Policy section 611.6) and the following minor amendment was made related to this supplemental concept:

- A UAS specifically designated to the Drone as First Responder (DFR) program can be deployed to any call for service received by the Hayward Police Department’s Dispatch requiring a staff member be dispatched, including using the UAS in lieu of dispatching a staff member.

DFR Concept Oversight:

Consistent with the existing UAS Program, this supplemental concept will continue to remain under City Council and Federal Aviation Administration (FAA) oversight. In addition to falling under the existing HPD policies, which have been approved by City Council, the City Council will continue to receive reports and updates regarding the UAS Program, including this supplemental concept, and will retain the ability to approve or disapprove UAS usage under AB 481 on an annual basis. The HPD will continue its current practice of reporting UAS usage on its website and will thoroughly investigate any allegation of misuse, violation of law, or violation of HPD policies.

619

Page 11 of 13 ends

DFR Concept and Estimated Budget Impacts:

The HPD acknowledges the financial challenges facing the City as they relate to the estimated costs associated with this supplemental concept. As such, HPD will not be asking for any additional General Fund allocations or increases for this supplemental concept , and implementation will be contingent upon the HPD’s ability to absorb these estimated costs with existing funding sources.

As previously discussed, the two CSO positions intended for this supplemental concept a re already funded in HPD’s budget. As such, no new positions are needed . Additionally, the following are related to the estimated costs for implementation:

- The estimated cost of this supplemental concept is $589,000 annually , which includes eight (8) DFR UAS units, associated software, subscriptions and licensing, accessories, batteries, charging stations, etc.

- HPD anticipates funding sources to include a combination of asset forfeiture funds, grant funds, and funds in the HPD’s existing adopted supplies and services budget.

- This supplemental concept can be phased and/or scaled up or down based on emerging financial realities.

- It is anticipated the HPD will achieve operational cost -effectiveness and savings over time. For example, this supplemental concept will reduce time on task for police officers and firefighters and can reduce staffing and/or resource needs for larger -scale operations (e.g. UAS can quickly cover more ground during a search and rescue operation than human resources can, etc.).

- While there are costs associated with this supplemental concept, it is significantly less costly than alternative solutions that provide the same operational benefits (e.g. a public safety helicopter program which would cost millions).

DFR Concept and Council Public Safety Committee Questions and Input:

On May 14, 2026, during the HPD’s AB 481 public meeting, this supplemental concept was presented and discussed with the members of the CPSC. The following is a summary of that discussion and some of the CPSC questions and input:

- Cost and funding: As described above, the DFR program will be funded from HPD’s existing budget. The City Manager and HPD also confirmed that vacancy savings will not be used to fund this supplemental concept.

- DFR concept as use for surveillance: This supplemental concept will be used solely for responding to CFS and emerging incidents. As described above, HPD Policy 611 applies to the DFR program, which prohibits drones to conduct random surveillance activities.
620

Page 12 of 13 ends

- DFR UAS and its ability to capture images during flight: As a part of the operational design of the DFR UAS, its cameras activate and begin recording when launched and orient on the horizon while in flight. The purpose of the cameras orienting on the horizon during flight is two-fold: 1) to avoid capturing images of uninvolved areas while responding to CFS and 2) to prevent collisions with objects while the UAS is in flight.

These DFR UAS possess collision avoidance technology, which means they can fly autonomously to a CFS or emerging incident and avoid colliding with obstacles or other objects (e.g. trees, power lines, other aircraft, etc.). These UAS rely on their cameras and other technologies for collision avoidance , so the cameras remain oriented on the horizon in the direction of travel until they reach the scene of the CFS. When asked, HPD advised the CPSC that a staff member would be unable to manipulate a DFR UAS camera while in flight as that was our understanding of the technology at that time. However, after following up and clarifying with Skydio, it was learned a staff member could physically manipulate a DFR UAS camera during flight. To prevent this and to address the concern raised, HPD Policy section 611.8 was updated to expressly prohibit this and staff members who violate this policy are subject to discipline, including removal from DFR activities. The updated policy language is as follows:

o HPD Policy section 611.8 now states: “The UAS video surveillance equipment shall not be used:
▪ (a) To conduct random surveillance activities, including the manual override of DFR UAS cameras while a UAS is in flight before arriving at the scene of a call for service.”

- DFR UAS being used during protests or demonstrations: The prohibited uses for any UAS, as outlined in HPD Policy 611, will remain in place and include UAS associated with this supplemental concept. Using UAS for routine monitoring during a protest or demonstration where a security concern does not exist or criminal activity is not occurring is expressly prohibited (reference HPD Policy section 611.8).

- Use of the DFR concept for other City departments: This supplemental concept can be used for other City departments, including HFD, during responses to CFS, community complaints, or emerging incidents. HFD Chief Ryan Hamre discussed several scenarios in which this supplemental concept can support fire response and firefighter safety.

Other possible uses may include responses to Code Enforcement violations, illegal dumping, etc.

- Other government agencies having access to images collected by DFR UAS: All images and videos collected using this supplemental concept would be uploaded and stored in Evidence.com consistent with other existing images and videos collected by HPD’s body worn cameras, in -car cameras, etc. Evidence.com is a secure digital evidence storage platform only accessible by HPD staff members with specific clearance to do so and all searches/downloads conducted by HPD staff members are audited in detail. Other government agencies and City departments cannot access or search any digital evidence collected an d maintained in this system. Requests for information 621

Page 13 of 13 ends

would be individually vetted based on criminal investigations, court subpoenas, evidentiary hearings, etc. and would only be provided through official law enforcement channels based on a “need to know/right to know” basis . Any images and videos collected using this supplemental concept cannot be shared with any federal agency for the purpose of immigration enforcement, including ICE consistent with HPD Policy and existing state laws (this would violate HPD Policy, SB 54, and other state laws). All images and videos collected would be retained consistent with existing HPD body worn camera retention schedules (90 days unless images and videos are connected to a current criminal investigation, court proceeding, civil lawsuit, complaint against an employee, etc.).

- Facial recognition technology and weaponizing DFR UAS: DFR UAS w ill not be weaponized nor will they have facial recognition technology as these are expressly prohibited under HPD Police 611 (reference HPD Policy 611 section 611.8).

- DFR UAS having breaching capabilities: None of the proposed DFR UAS will have breaching capabilities.

DFR Recommendation:

At the conclusion of the CPSC discussion , the members expressed their support for this supplemental concept and recommended it be sent to the full City Council for authorization.

HPD recommends the City Council authorize the implementation of this supplemental concept to HPD’s existing UAS Program as it provides significant community safety benefits.

NEXT STEPS

Upon renewal of the ordinance by the Council, HPD will continue to possess and use the authorized items in accordance with applicable policies and laws. If authorized by the City Council, HPD will also take action to implement the DFR supplemental concept , including bringing back a contract for DRF technology for City Council approval later this year.

Prepared by: Garett Wagner, Lieutenant
Dan Olsen, Captain

Recommended by: Bryan Matthews, Chief of Police

Approved by:

______________________________
Jennifer Ott, City Manager
622
300 W. Winton Ave Hayward, CA 94544
www.hayward-ca.gov/police-department
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military Equipment Use ReportAnnual Military Equipment Use Report Hayward Police Department
April 2025-March 2026
Annual 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 ................................................................. 6-7 ·Summary of Complaints or Concerns .……………………………………………………………………………………................. 8 ·Results of Internal Audits or Violations ...................................................................................................... 8 ·Annual Cost ............................................................................................................................................... 9 ·Fiscal Impact ............................................................................................................................................. 10 ·Quantity of Military Equipment ................................................................................................................ 11 ·Projected Acquisitions for FY 2027 ....................................................................................................... 12-13 ·Conclusion ................................................................................................................................................ 14 Attachment II
623

O U R M I S S I O N , V I S I O N , A N D C O R E V A L U E S

M I S S I O N
T o e n h a n c e p a r t n e r s h i p s a n d t r u s t w i t h o u r c o m m u n i t y , r e d u c e c r i m e a n d i m p r o v e t h e q u a l i t y o f l i f e f o r t h o s e w e s e r v e .

V I S I O N
T o h a v e a h i g h l y t r a i n e d a n d s u p p o r t e d p o l i c e d e p a r t m e n t t h a t h e l p s b u i l d a s a f e a n d c o n n e c t e d c o m m u n i t y w h e r e p e o p l e c a n l i v e , w o r k , a n d t h r i v e .

C O R E V A L U E S
O u r c o r e v a l u e s d e f i n e u s a n d p r o v i d e a f r a m e w o r k f o r h o w w e o p e r a t e . T h e y s a y w h o w e a r e a n d w h a t w e w i l l a n d w i l l n o t s t a n d f o r a s a d e p a r t m e n t .

T h e s e v e n c o r e v a l u e s o f t h e H a y w a r d P o l i c e D e p a r t m e n t i n c l u d e :

A c c o u n t a b i l i t y
E m p l o y e e W e l l n e s s
H u m i l i t y
I n t e g r i t y
L e a d e r s h i p
P r o f e s s i o n a l i s m
T r u s t a n d R e s p e c t
I n a d d i t i o n t o t h e s e s e v e n c o r e v a l u e s , i t i s i m p o r t a n t t o r e c o g n i z e t h a t e a c h o f t h e s e c o r e v a l u e s a r e m a d e u p o f o t h e r v a l u e s a n d b e h a v i o r s . F o r e x a m p l e , w e r e c o g n i z e t h a t f o r a n o f f i c e r t o b e p r o f e s s i o n a l , t h e y m u s t b e e t h i c a l a n d h o n e s t . B e i n g a t e a m p l a y e r a n d c o m m u n i c a t i n g e f f e c t i v e l y a r e f u n d a m e n t a l p a r t s o f e a c h o f t h e s e v e n c o r e v a l u e s .

Page 2 ends

T h e H a y w a r d P o l i c e D e p a r t m e n t ( H P D ) i s c o m m i t t e d t o m a i n t a i n i n g p u b l i c t r u s t , c o m m u n i t y p a r t n e r s h i p , t r a n s p a r e n c y , a c c o u n t a b i l i t y , b e s t p r a c t i c e s , a n d c o m p l i a n c e w i t h t h e l a w . A s s u c h , t h e D e p a r t m e n t h a s d e v e l o p e d a n d p u b l i s h e d t h i s M i l i t a r y E q u i p m e n t U s e R e p o r t i n a c c o r d a n c e w i t h A s s e m b l y B i l l N o . 4 8 1 , G o v e r n m e n t C o d e § 7 0 7 2 a n d H P D M i l i t a r y E q u i p m e n t U s e P o l i c y . A n n u a l l y s i n c e J u l y 2 0 2 2 , t h e H a y w a r d C i t y C o u n c i l h a s b e e n p r e s e n t e d w i t h a n d a p p r o v e d t h e H P D ’ s u s e o f t h e l i s t e d e q u i p m e n t . T h i s d o c u m e n t r e p o r t s o n i n f o r m a t i o n c o v e r i n g t h e p e r i o d o f A p r i l 2 0 2 5 - M a r c h 2 0 2 6 . T h e f o l l o w i n g i n f o r m a t i o n i s i n c l u d e d i n t h i s r e p o r t ( G o v e r n m e n t C o d e § 7 0 7 2 ( a ) ) :
1 . A s u m m a r y o f h o w t h e m i l i t a r y e q u i p m e n t w a s u s e d a n d t h e p u r p o s e o f i t s u s e ; 2 . A s u m m a r y o f a n y c o m p l a i n t s o r c o n c e r n s r e c e i v e d c o n c e r n i n g t h e m i l i t a r y e q u i p m e n t ; 3 . T h e r e s u l t s o f a n y i n t e r n a l a u d i t s , a n y i n f o r m a t i o n a b o u t v i o l a t i o n s o f t h e m i l i t a r y e q u i p m e n t u s e p o l i c y , a n d a n y a c t i o n s t a k e n i n r e s p o n s e ; 4 . T h e t o t a l a n n u a l c o s t s f o r e a c h t y p e o f m i l i t a r y e q u i p m e n t , i n c l u d i n g a c q u i s i t i o n s , p e r s o n n e l , t r a i n i n g , t r a n s p o r t a t i o n , m a i n t e n a n c e , s t o r a g e , u p g r a d e , a n d o t h e r o n g o i n g c o s t s , a n d f r o m w h a t s o u r c e f u n d s w i l l b e p r o v i d e d f o r t h e m i l i t a r y e q u i p m e n t i n t h e c a l e n d a r y e a r f o l l o w i n g s u b m i s s i o n o f t h e a n n u a l m i l i t a r y e q u i p m e n t r e p o r t ;
5 . T h e q u a n t i t y p o s s e s s e d f o r e a c h t y p e o f m i l i t a r y e q u i p m e n t ; a n d 6 . T h e a d d i t i o n a l m i l i t a r y e q u i p m e n t H P D i n t e n d s t o a c q u i r e i n t h e n e x t y e a r , a n d t h e q u a n t i t y s o u g h t f o r e a c h t y p e o f m i l i t a r y e q u i p m e n t .

Page 3 ends

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.

Page 4 ends

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)

Page 5 ends

T h i s s e c t i o n o u t l i n e s t h e m i l i t a r y e q u i p m e n t u s a g e f o r A p r i l 2 0 2 5 - M a r c h 2 0 2 6 b y H a y w a r d P o l i c e D e p a r t m e n t .

C e r t a i n i t e m s o f m i l i t a r y e q u i p m e n t , p a r t i c u l a r l y c o n s u m a b l e s ( a m m u n i t i o n , d i v e r s i o n a r y d e v i c e s , c h e m i c a l a g e n t s , e t c . ) a r e u s e d t h r o u g h o u t t h e y e a r o n a r e g u l a r b a s i s f o r t r a i n i n g t o m a i n t a i n p r o f i c i e n c y . T h i s s e c t i o n o n l y p r o v i d e s d a t a f o r t h e O P E R A T I O N A L U S E o f m i l i t a r y e q u i p m e n t l i s t e d w i t h i n t h i s a n n u a l r e p o r t . T h e m e r e p o s s e s s i o n o f t h e e q u i p m e n t d o e s n o t w a r r a n t i t s u s e f o r e v e r y i n c i d e n t . T h e f o l l o w i n g i s t h e d a t a f o r m i l i t a r y e q u i p m e n t u s a g e b y c a t e g o r y f o r t h i s r e p o r t i n g p e r i o d :
1 . R o b o t :

T h e t w o A v a t a r t a c t i c a l r o b o t s w e r e u t i l i z e d 0 t i m e s d u r i n g t h i s r e p o r t i n g p e r i o d . 2 . U n m a n n e d A i r c r a f t S y s t e m s ( U A S ) P r o g r a m :

T h e U n m a n n e d A i r c r a f t S y s t e m s w e r e u t i l i z e d i n 6 1 i n c i d e n t s , w i t h a t o t a l o f 6 2 d e p l o y m e n t s d u r i n g t h i s r e p o r t i n g p e r i o d . T h e s e d e p l o y m e n t s i n c l u d e :

H o m i c i d e
B u r g l a r i e s i n p r o g r e s s
R o b b e r i e s i n p r o g r e s s
S e a r c h w a r r a n t a n d a r r e s t w a r r a n t o p e r a t i o n s S t o l e n v e h i c l e s
S e a r c h f o r m i s s i n g p e r s o n s
B a r r i c a d e d s u s p e c t s
S u b j e c t s a r m e d w i t h a g u n
3 . A r m o r e d P e r s o n n e l C a r r i e r :

T h e A r m o r e d S o l u t i o n s A r m o r e d R e s c u e V e h i c l e ( A R V ) w a s u t i l i z e d 1 4 t i m e s d u r i n g t h i s r e p o r t i n g p e r i o d . T h e s e d e p l o y m e n t s i n c l u d e :

S R U d e p l o y m e n t s f o r o p e r a t i o n s P a t r o l D i v i s i o n d e p l o y m e n t s d u r i n g c r i t i c a l i n c i d e n t s w h e r e t h e r e i s a n i m m i n e n t t h r e a t t o l i f e 4 . C o m m a n d a n d C o n t r o l V e h i c l e :

T h e H P D C o m m a n d V e h i c l e w a s u t i l i z e d 0 t i m e s d u r i n g t h i s r e p o r t i n g p e r i o d . 5 . B r e a c h i n g A p p a r a t u s / S h o t g u n S l u g s :

T h e B r e a c h i n g A p p a r a t u s / S h o t g u n S l u g s w e r e u t i l i z e d 0 t i m e s d u r i n g t h i s r e p o r t i n g p e r i o d .

Page 6 ends

Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use Report
628
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use 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. Noise Flash Diversionary Device:

A Noise Flash Diversionary Device (NFDD), commonly referred to as a “flashbang,” was utilized 0 times during this reporting period.

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

Chemical Agents were utilized 0 times during this reporting period.

11. Pepper Powder Less Lethal Launcher (FN 303):

The Pepper Powder Less Lethal Launcher was utilized 0 times during this reporting period.

12. Specialty Impact Munitions Systems and Munitions (40mm Less Lethal):

The Specialty Impact Munitions Systems and Munitions were utilized 0 times during this reporting period.

13. Specialty Ammunition
Winchester .223 Ranger Power-Point 64 Grain Cartridge
Winchester .223 Ranger Frangible 55 Grain Cartridge
Hornady .308 Win 168 Grain Cartridge
Speed Gold Dot .223 62 Grain Cartridge

Page 7 ends

629
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use 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.

Page 8 ends

630
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use 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. Ruger Precision Rifle (.308 caliber)

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

Page 9 ends

# 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 $226,846. 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.
*** A replacement UAS was purchased after the original unit was destroyed during an incident. The Hayward Police Department was fully reimbursed in the amount of $13,842.64 by Bay Area Rapid Transit Police Department, as the call for service involved assisting BART PD on their property. $0
$0***
$360,000
$0
$0
$36,993
$0
$0
$1,513
$755
$0
$0
$0
$2,900
$0*
$0*
$0*
$0*
$17,460*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$26,438
$0
$254
$386
$3,715
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
T o t a l :
$402,161 $4,355$270,744
631
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use Report
FISCAL IMPACT:

The Hayward Police Department is budgeted for 333.5 full time employees. The operating budget for the department for the 2025-2026 fiscal year is $103,090,230.

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 2025 by the City of Hayward City Council. The cost of equipment purchases and expenditures is reflected in this report for April 2025-March 2026 pursuant to Assembly Bill No. 481.

During this reporting period, the Hayward Police Department spent approximately $677,260 for equipment and training specified in AB No. 481. The total expenditure represents 0.66% 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.

Page 10 ends

632
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use 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: 2)

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)

10. Noise Flash Diversionary Device (Current Quantity: 28)

11. Chemical Agents “Tear Gas” (Oleoresin Capsicum) (Current Quantity: 117)

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: 11,500) b) Winchester .223 Ranger Frangible 55 Grain Cartridge (Current Quantity: 600) c) Hornady .308 Win 168 Grain Cartridge (Current Quantity:1,800) d) Speed Gold Dot .223 62 Grain Cartridge (Current Quantity: 37,200) 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)

Page 11 ends

633
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use Report
PROJECTED ACQUISITIONS FOR FY 2027:

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, (8) UAS’s need to be purchased in FY2027. Below are the type of UAS needed, including their capabilities:

Skydio X10 (6) DFR UAS’s with a max flight speed of 45 MPH and approximately 40 minutes of flight time.

Skydio X10 (2) Patrol Led UAS’s with a max flight speed of 45 MPH and approximately 40 minutes of flight time.

The total cost for the additional (8) UAS’s, including software, charging stations, batteries, and attachments (parachute, speaker, spotlight) is $589,000.

The funding for this purchase has been allocated through a combination of Grant Funding, Asset Forfeiture, and reallocation of funds for products, services, and subscriptions in our current CIP budget.

Page 12 ends

634
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use Report
PROJECTED ACQUISITIONS FOR FY 2027 CONT'D:

Page 13 ends

Energetic Breaching Tools:

These items were reported in the previous report to be purchased in FY2026. Due to delays in the manufacturing of the storage container for the items, they were not purchased. The Department plans to purchase the tools during FY2027 as the storage container has been acquired. These items are used to conduct an energetic breach.

Energetic breaching items have a variety of individual capabilities. The listed items will be utilized by SRU operators and can breach glass, metal doors, wood doors, deadbolts, locks, and hinges. The listed items are 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. 635
Hayward Police DepartmentHayward Police Department
April 2025-March 2026April 2025-March 2026
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department
April 2025-March 2026
Annual Military Equipment
Use Report
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)

Page 14 ends

636

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-___

Introduced by Council Member _________

RESOLUTION APPROVING THE HAYWARD POLICE DEPARTMENT’S ANNUAL MILITARY EQUIPMENT USE REPORT FOR APRIL 2025 THROUGH MARCH 2026 AND RENEWING ORDINANCE 22-06 ADOPTING MILITARY EQUIPMENT USE POLICY NO. 706 IN COMPLIANCE WITH ASSEMBLY BILL NO. 481

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

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

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

WHEREAS, on July 5, 2022, the Hayward City Council approved 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 1. 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 2025 through March 2026, attached as Attachment II to the Council Staff Report and incorporated herein; and

637

Page 2 of 3 ends

WHEREAS, the Annual Military Equipment Use Report for the period of April 202 5 through March 2026, was submitted to the City Council and posted on the City’s website on May 11, 2026. In addition, a community engagement meeting was held on May 14, 2026, wherein the public was invited to discuss and ask questions regarding the annual military equipment report and the Police Department’s funding, acquisition, and/or use of “military equipment”; and

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

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

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

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

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

3. The Annual Military Equipment Use Report 2025-2026 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.

638

Page 3 of 3 ends

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2026.

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

639
Policy
706
Hayward Police Department
Hayward PD Policy Manual
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

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.

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
640
Hayward Police Department
Hayward PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

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. 641
Hayward Police Department
Hayward PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

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. 642
Hayward Police Department
Hayward PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

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. 643
Hayward Police Department
Hayward PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Military Equipment - 5
(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 644
Hayward Police Department
Hayward PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Military Equipment - 6
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 shall hold at least one well-publicized and conveniently located community engagement meeting, at which 645
Hayward Police Department
Hayward PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Military Equipment - 7
the Department 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 - 2026.pdf 706.9.2 REVISIONS
Adopted: July 5, 2022
Revised: May 07, 2024
Revised: May 13, 2024
Revised: May 6, 2025
Revised: May 19, 2026
646
Hayward PD Policy Manual
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Attachments - 8
Attachments
647
Attachment
Hayward PD Policy Manual
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
HPD Military Equipment Inventory - 2026.pdf -
9 HPD Military Equipment Inventory - 2026.pdf
HPD Military Equipment Inventory - 2026.pdf
648
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 are authorized for use to resolve high-risk and/or critical incidents, including but not limited to the following:
• High-risk offender apprehension
• Barricaded subjects
• Hostage rescue
• Dignitary protection
• Riot control.
• Active shooter response
• In-progress violent crimes
• Response to armed subjects or subjects wearing body armor. • Other situations which could result in great bodily injury or death to officers or community members.

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

CURRENT EQUIPMENT:

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

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

Quantity: 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.

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, 649
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
650
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 651
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. When there is probable cause to believe that the UAS will record images of a place, thing, condition, or event, and that those images show a felony has been committed , or shows that a particular person has committed a felony,
m. Anti=UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code 402(a)1),
n. Training missions,
o. In support of the Hayward Fire Department when the underlying mission meets the uses outlined in this policy
p. Mutual Aid support when the underlying mission meets the uses outlined in this policy, 652
q. A UAS specifically designated to the Drone as First Responder (DFR) program can be deployed to any call for service received by the Hayward Police Department ’s Dispatch requiring a staff member be dispatched, including using the UAS in lieu of dispatching a staff member.

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)
“TRV”
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.
653
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
HPD's Armored Personnel Carrier ongoing training requirements:
• Refresher training for all officers on the different functions, placement considerations, and appropriate usage of the vehicle
“BearCat”
g. Description, quantity, capability, and purchase cost:

LENCO Industries, Inc. - Unit Cost: $360,000.00. Quantity: 1. The BearCat 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 BearCat is equipped with emergency lights, siren, and a public address system for communications. It is not weaponized. Common uses of the BearCat include community member or officer rescues, evacuations, and it provides ballistic protection for officers during in-progress, high-risk incidents. The BearCat is also a regional mutual-aid asset, which has been requested by and deployed to assist neighboring agencies in Alameda County. h. Purpose:

The use of the BearCat can be requested by any Officer based on the specific circumstances of in-progress, high-risk incidents, or high-risk planned operations. The BearCat 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.
j. Expected Lifespan:
20 years
k. Fiscal Impact:

Annual maintenance cost of approximately $1,050.
654
l. Training Requirements (initial and ongoing):

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 655
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 656
body armor worn by armed subjects and is utilized by the department’s Special Response Unit during high-risk situations.

4. Winchester .223 Ranger power-point 64 grain cartridge -Unit Cost: $9.76 (per 20 rounds). Quantity: 11,500. The .223 cartridge is the primary duty ammunition for the department's carbine rifles.

5. 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.

6. Hornady .308 WIN 168 grain cartridge – Unit Cost: $ 29.92 (per 20 rounds). Quantity:
1,800. 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.

7. Speer Gold Dot .223 62 grain cartridge – Unit Cost: $12.69 (per 20 rounds). Quantity:
37,200. 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

657
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 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 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
658
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: 28. 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

659
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):
• 7 - CTS 2430 CS Powder shotgun rounds
• 28 - CTS 4431 40 mm Powder CS projectile
• 10 - CM Riot control CS Def Tech
• 20 - CTS 5231 Riot CS smoke Triple-phaser
• 2 - CTS 5230B Baffled Riot CS smoke
• 8 - CTS 6343 OC-CS Aerosol
• 6 - CTS 5430 Launchable Flameless Expulsion 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):
• 7 - CTS 2440 OC Powder shotgun rounds
• 8 - CTS 4441 40 mm Powder OC projectile
• 5 - CTS Omni-Stream OC Aerosol MK-9
• 6 - CTS 6340 OC-V Aerosol
• 8 - CTS 5440 Launchable Flameless Expulsion OC
• 2 - 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 660
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:

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 661
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:
662
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

663
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
664
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.

Page 2 ends

665
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.

Page 3 ends

666
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.

Page 4 ends

667

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.

Page 5 ends

668
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

Page 6 ends

669
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).

Page 7 ends

670
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.

Page 8 ends

671
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

Page 9 ends

672
673

ATTACHMENT VI
HPD Policy 706 – Exhibit A
AB481 – HPD “Military Equipment” Inventory
The following is a list of "military equipment" , as defined in AB 481, which HPD currently has in its inventory. The equipment listed below are authorized for use to resolve high-risk and/or critical incidents, including but not limited to the following:
• High-risk offender apprehension
• Barricaded subjects
• Hostage rescue
• Dignitary protection
• Riot control.
• Active shooter response
• In-progress violent crimes
• Response to armed subjects or subjects wearing body armor. • Other situations which could result in great bodily injury or death to officers or community members.

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

CURRENT EQUIPMENT:

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

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

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:

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:

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

Quantity: 2
Cost: $7,800
675

ATTACHMENT VI
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

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.

ATTACHMENT VI
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:

ATTACHMENT VI
q. A UAS specifically designated to the Drone as First Responder (DFR) program can be deployed to any call for service received by the Hayward Police Department ’s Dispatch requiring a staff member be dispatched, including using the UAS in lieu of dispatching a staff member.

b. Authorized Use:

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

ATTACHMENT VI
c. Authorized Use:

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):

Annual maintenance cost of approximately $1,050.
679

ATTACHMENT VI
l. Training Requirements (initial and ongoing):

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

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

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

The copper powder is designed to strike and destroy the locking mechanism inside of the 680

ATTACHMENT VI
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:

Until expended.
e. Fiscal Impact:

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

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

ATTACHMENT VI
body armor worn by armed subjects and is utilized by the department’s Special Response Unit during high-risk situations.

4. Winchester .223 Ranger power-point 64 grain cartridge -Unit Cost: $9.76 (per 20 rounds). Quantity: 11,500. The .223 cartridge is the primary duty ammunition for the department's carbine rifles.

5. 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.

7. Speer Gold Dot .223 62 grain cartridge – Unit Cost: $12.69 (per 20 rounds). Quantity:
37,200. 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:

e. Fiscal Impact:

682

ATTACHMENT VI
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 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 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
683

ATTACHMENT VI
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:

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 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

684

ATTACHMENT VI
NOTE: NFDD programs are under federal oversight by the Bureau of Alcohol, Tobacco, Firearms, & Explosives.

b. Purpose:

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 685

ATTACHMENT VI
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):

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

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 686

ATTACHMENT VI
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):

(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:

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:
687

ATTACHMENT VI
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)

688

ATTACHMENT VII

Page 1 of 7 ends

AB 481 Staff Report – AB 481 Background and Community Engagement Efforts (Attachment VII)
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.

689

ATTACHMENT VII

Page 2 of 7 ends

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).

690

ATTACHMENT VII

Page 3 of 7 ends

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.

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 691

ATTACHMENT VII

Page 4 of 7 ends

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.
692

ATTACHMENT VII

Page 5 of 7 ends

- The HPD attended the Hayward Executive Airport Open House on September 21, 2025, 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 25, 2025, 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 23, 2026, 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 2025-March 2026, and discussed future acquisitions of “Military Equipment” with the Public Safety Committee on May 14, 2026. The public was welcome to attend and ask questions. The meeting was recorded and can be viewed by community members on the HPD website.

It should be noted that community engagement regarding “military equipment” possessed and used by the HPD takes place during other public events and is ongoing in a variety of different environments, which are not listed above.

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 693

ATTACHMENT VII

Page 6 of 7 ends

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 694

ATTACHMENT VII

Page 7 of 7 ends

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 within 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.

Published with permission by Hayward Police Department
Unmanned Aerial System (UAS) Operations -
1 Unmanned Aerial System (UAS) Operations
611.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 611.1.1 DEFINITIONS
Definitions related to this policy include:

Certificate of Authorization (COA): Given by the Federal Aviation Administration (FAA) granting permission to fly the UAS within specific boundaries and perimeters.

Observer: A member of the Hayward Police Department or Hayward Fire Department who is trained and authorized to maintain visual observation of the UAS while in flight.

Operator
: A member of the Hayward Police Department or Hayward Fire Department who is trained, certified, and authorized to control a UAS during flight.

Unmanned Aerial Vehicle (UAV)
: A small, unmanned aircraft weighing less than 55 lbs.

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means. 611.2 POLICY
Unmanned aerial systems may be utilized to enhance the Hayward Police Department's mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. UAS usage shall comply with the City's Statement of Values on Surveillance Technology.UAS will be available for cross-departmental use and requests will be evaluated on a case by case basis in accordance with the provisions set forth in this policy.
611.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Published with permission by Hayward Police Department
Unmanned Aerial System (UAS) Operations -
2 611.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:

The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:
(a) Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
(b) Ensuring that all authorized operators and required observers have completed all required FAA and Hayward Police Department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS. (c) Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require written authorization of the Chief of Police or the authorized designee, depending on the type of mission.
(d) Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject. (e) Implementing a system for public notification of UAS deployment. (f) Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities.
(g) Developing a protocol for fully documenting all missions. (h) Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. (i) Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
(j) Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. (k) Facilitating law enforcement access to images and data captured by the UAS. (l) Recommending program enhancements, particularly regarding safety and information security.
(m) Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police. 697
Hayward Police Department
Hayward PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Unmanned Aerial System (UAS) Operations -
3 611.5 ROLES AND RESPONSIBILITIES
The roles and responsibilities for UAS Program members are as follows:

Program Coordinator—a Hayward Police Lieutenant who manages the UAS Program and ensures the program operates in accordance with all Federal, State, and local laws, and within department policy and guidelines. In addition, the Program Coordinator will:
• Maintain all training flight and maintenance records for each operator and observer, as well as individual airframes.
• Ensure operators and observers stay current with their training and certifications. • Maintain contact with the FAA and familiarity with the pertinent FAA regulations. • Evaluate airframes based on mission needs.
• Remain up to date with current UAS case law, best practices, and industry standards. • Develop and maintain the UAS Operations Manual.

Operator—the Operator's role is to safely operate the UAS in accordance with all applicable law and policy.
• The operator may reject a flight based on personnel safety, violation of FAA regulations, or requests outside of the scope of the authorized uses outlined in this policy.
• The operator shall be responsive to requests and input from the observer in order to accomplish the safe and effective deployment of the UAS. • Operators are responsible for mission documentation and updating the flight book.

Observer—the Observer's role is to assist in the safe and effective operation of the UAS. The observer shall:
• Assist the Operator in avoiding obstacles.
• Operate any attachments to the UAS.
• Remain alert for safety issues surrounding the Operator and Observer. • Handle radio communications.
611.6 USE OF UAS
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.
698
Hayward Police Department
Hayward PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Unmanned Aerial System (UAS) Operations -
4 The Chief of Police, Deputy Chief, Captain, or Watch Commander may authorize the deployment of the UAS under the following circumstances:
(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) When there is probable cause to believe that the UAS will record images of a place, thing, condition, or event, and that those images show a felony has been committed, or shows that a particular person has committed a felony. (m) Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code § 402(a)1);
(n) Training missions;
(o) In support of the Hayward Fire Department when the underlying mission meets the uses outlined in this policy; and
(p) Mutual Aid support when the underlying mission meets the uses outlined in this policy (q) A UAS specifically designated to the Drone as First Responder (DFR) program can be deployed to any call for service received by Hayward Police Department's Dispatch requiring a staff member be dispatched, including using the UAS in lieu of dispatching a staff member.
611.6.1 CALLOUT PROCEDURE
(a) The Watch Commander shall make a request via dispatch for qualified UAS team members to respond and deploy the UAS.
(a) Dispatch will call the UAS Program Coordinator, or a designee, who will coordinate the callout details with team members.
699
Hayward Police Department
Hayward PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Unmanned Aerial System (UAS) Operations -
5 (b) If the UAS Program Coordinator is unavailable, or if specified by the Watch Commander, Dispatch will request assistance from and allied agency or the Hayward Fire Department via ACRECC.
(b) The UAS team members will handle all UAS operations, notifications and all necessary pre- flight guidelines as specified in the UAS Operations Manual. 611.7 EVIDENCE COLLECTION AND RETENTION
(a) Following a UAS operation by the Hayward Fire Department or the Hayward Police Department, a Hayward PD case agent or officer shall meet with the UAS operator to collect the UAS video(s). The video(s) recorded by the Fire Department and/or the Police Department will be uploaded into the approved digital evidence management system. The collection and uploading of the video(s) will be documented in a report by a Hayward PD case agent or officer.
(b) Data collected by the UAS shall be retained as provided in the established Police Department records retention schedule or retained as evidence of a crime. (c) Unauthorized use, duplication, and/or distribution of UAS videos are prohibited.

Personnel shall not make copies of any UAS videos for their personal use and are prohibited from using a recording device such as a personal camera or any secondary video camera to capture UAS videos. All recorded media, images and audio are the property of the Hayward Police Department and shall not be copied, released or disseminated in any form or manner outside the parameters of this policy without the expressed written consent of the Chief of Police.
(d) Departmental request for a UAS video, including requests from the District Attorney's Office or City Attorney's Office, shall be forwarded as a written request via e-mail, to the Property Unit, with sufficient information to locate the UAS video. (e) Non-Departmental Requests for a UAS video shall be accepted and processed in accordance with Federal, State, and local laws, and departmental policy (discovery, media inquiries, subpoenas, Public Records Act requests, etc.).

1. ).CPRAWhen practical, Department personnel will be advised prior to any release of UAS video under the California Public Records Act ( (f) Request for Deletion or Accidental Recording

1. In the event of an accidental activation and recording of the UAS camera system, the recording employee may request that the UAS video is deleted by submitting an e-mail request to the Special Operations Lieutenant with sufficient information to locate the UAS video. The Special Operations Lieutenant shall review the video, approve or deny the deletion request, and forward to the System Administrator for action if applicable.

2. Videos made during authorized department training will be viewed and/or retained for training purposes and then may be retained or deleted with the authorization of the Special Operations Lieutenant. Retained files will be stored in approved training files or the digital management system. (g) Copying Procedure
700
Hayward Police Department
Hayward PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Unmanned Aerial System (UAS) Operations -
6 1. A copy of the UAS video can be requested in accordance with the provisions of this policy.

2. Property Officers will be responsible for handling evidence request for DVD copies and online sharing of videos produced by the UAS camera system for court and other approved request by the Chief of Police or a designee. (h) A UAS video may be utilized as a training tool for individuals, specific units, and the department as a whole. A recommendation to utilize a UAS video for such purpose may come from any source outlined below:

1. A person recommending utilization of a UAS video for training purposes shall submit the recommendation through the chain of command to the Watch Commander.

2. The Watch Commander approving the utilization of a UAS video for training will send an email to Property requesting a copy of the video is placed in the UAS Training file on the t: drive. This file will hold all training videos. Videos may not be moved to other files, copied, or sent beyond this file.

3. If an involved officer or employee objects to the showing of a UAS video, the objection will be submitted to their supervisor to determine if the employee's objections outweigh the training value. The Special Operations Lieutenant or Division Commander shall review the recommendation and determine how best to utilize the UAS video file considering the identity of the person(s) involved, sensitivity of the incident, and the benefit of utilizing the video versus other means (e.g., departmental policy, Training Bulletin, Officer Safety Bulletin, briefing or other training).
611.8 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
(a) To conduct random surveillance activities, including the manual override of DFR UAS cameras while a UAS is in flight before arriving in the area of a call for service. (b) To target a person based solely 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. (c) To harass, intimidate, or discriminate against any individual or group. (d) To conduct personal business of any type.
(e) The UAS shall not be weaponized.
(f) The UAS shall not have facial recognition technology. (g) To conduct routine monitoring of a mass gathering, protest, or demonstration where security concerns do not exist or where criminal activity is not occurring. 701
Hayward Police Department
Hayward PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2026/05/21, All Rights Reserved.

Published with permission by Hayward Police Department
Unmanned Aerial System (UAS) Operations -
7 611.9 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule. Consistent with data collected by other departmental audio or video recorders (e.g., body worn cameras), recordings shall be retained in a data management system where they are accessible for review and use strict to the guidelines pursuant to this policy. Access to recordings is automatically logged and can be audited.

Recordings that contain evidentiary value shall be retained in the same manner as any other evidence gathered during a criminal investigation. Recordings that contain administrative or evidentiary value shall be retained for up to 5 years or until administrative or criminal proceedings are finalized.

For all non-criminal recordings, the retention of recording media will be 90 days provided it remains unassociated to any criminal or administrative investigations. 611.10 REVISIONS
ISSUED: March 17, 2022
Revised: February 19, 2026
Revised: May 21, 2026
702

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 26-013
DATE: June 16, 2026
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Hayward Municipal Code Amendment: Introduction of Ordinance Amending the Hayward Municipal Code, Relating to the Community Services Commission

RECOMMENDATION
That the City Council introduce an ordinance (Attachment II) to amend the powers and duties of the Community Services Commission.

SUMMARY
Due to the City's fiscal challenges, the Community Agency Funding (CAF) process was paused in 2025, significantly reducing the Community Services Commission's (CSC) primary role. In response, the City Council directed staff to explore expanding the CSC's responsibilities beyond the CAF process. Staff have proposed an ordinance (Attachment II) amending the Hayward Municipal Code to broaden the Commission's advisory role to encompass social, community, and human service needs - including input on community needs assessments, strategic planning efforts, and related initiatives.

ATTACHMENTS
Attachment I Staff Report
Attachment II Draft Ordinance
CITY OF HAYWARD Printed on 6/12/2026Page 1 of 1
powered by Legistar™
703

Page 1 of 3 ends

DATE: June 16, 2026

TO: Mayor and Council
FROM: Assistant City Manager

SUBJECT: Hayward Municipal Code Amendment: Introduction of Ordinance Amending the Hayward Municipal Code, Relating to the Community Services Commission

RECOMMENDATION

That the City Council introduce an ordinance (Attachment II) to amend the powers and duties of the Community Services Commission.

SUMMARY
Due to the City's fiscal challenges, the Community Agency Funding (CAF) process was paused in 2025, significantly reducing the Community Services Commission's (CSC) primary role. In response, the City Council directed staff to expand the CSC's responsibilities beyond the CAF process. Staff are proposing an ordinance (Attachment II) amending the Hayward Municipal Code to broaden the Commission's advisory role to encompass social, community, and human service needs, including informing community needs assessments, strategic planning efforts, and related initiatives.

FISCAL IMPACT
There are no fiscal impacts associated with these recommendations.

BACKGROUND

The CSC and City Council have engaged in ongoing discussions regarding the Commission’s structure and responsibilities. In April 2024, the Mayor established the City Council Ad Hoc Committee on Commissions and Task Forces to develop recommendations for City commissions, including the CSC.

On March 4, 2025, the City Council adopted an ordinance updating the Municipal Code to define the CSC’s duties, including advising on federal and local funding allocations, promoting interagency coordination, providing input on Community Development Block Grant (CDBG) priorities, and overseeing the CAF process.

704

Page 2 of 3 ends

Due to the City’s significant fiscal challenges, the CAF process was suspended at the end of 2025, and funding previously allocated for FY 2026–2028 was redirected to eligible internal City uses. As a result, the CSC’s role was substantially reduced, prompting discussions among the Commission, Council Liaison Bonilla Jr., the Mayor and City Council, and staff regarding the CSC’s role in the absence of the CAF process. Council Liaison Bonilla Jr. recommended expanding the CSC’s role to advise the City Council on policy matters related to community needs and social services.

On May 5, 2026, following a public hearing on CDBG funding allocations, the City Council directed staff to return with options to expand the CSC’s responsibilities beyond the CAF process. The proposed expanded role would allow the CSC to advise the City Council on social, community, and human service needs, including updates to the City’s Community Needs Assessment and other initiatives that support vulnerable populations.

DISCUSSION

Staff recommend that Council introduce an ordinance to amend the Hayward Municipal Code with the below changes to the powers and duties of the CSC.

Recommended Changes to the Community Services Commission Update the ordinance (Attachment II) outlining the CSC’s responsibilities to expand its role to include an advisory capacity to the City Council on social, community, and human service needs. The below outlines CSC’s current powers and duties with the proposed addition underlined.

As a body the CSC will:

• Advise the City Council as to the most effective means of allocating available resources for community services, including the annual review of federal and local funding of community-based programs and projects that align with the Council’s priorities and strategic initiatives.
• Promote interagency and intergroup coordination in the development of community social resources.
• Serve as the primary conduit for resident participation in all phases of the Community Development Block Grant (CDBG) program funded by the Department of Housing and Urban Development (HUD), as specified in the City’s HUD -mandated Community Participation Plan.
• Discourage and prevent through its role in the Community Agency Funding process any and all recognized discriminations based upon race, sex, religion, national origin, age, handicap, sexual orientation, and all other protected categories of persons, if any, under federal and state law, and particularly those discriminations in the areas of housing, employment, and education.

• Advise the City Council on social, community, and human service needs, including 705

Page 3 of 3 ends

reviewing community-wide demographic and service data to help inform updates to the City’s Community Needs Assessment and other strategic plans and initiatives that support Hayward’s most vulnerable populations.

PUBLIC CONTACT

The proposed changes were discussed at publicly noticed meetings of both the CSC and City Council.

At the March 18, 2026, CSC meeting, Councilmember Bonilla introduced the concept of expanding the Commission’s role to include advising on community, social service, and human service needs.

Commissioners expressed support for the concept and requested direction from the Mayor and City Council. At the May 5, 2026, City Council meeting, the proposed changes were discussed in a public session, and the City Council directed staff to return with amendments to formalize the expanded role of the CSC.

NEXT STEPS
Upon adoption of the ordinance, the expanded roles and responsibilities of the CSC will take effect.

The City Manager and staff will take all necessary actions to implement the ordinance and support the CSC in carrying out its revised advisory role.

Prepared by: Emily Hwang, Management Analyst and Community Services Commission Staff Liaison

Recommended by: Mary Thomas, Assistant City Manager
Approved by:

______________________________
Jennifer Ott, City Manager
706

ATTACHMENT II

Page 1 of 4 ends

ORDINANCE NO. 26-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAYWARD AMENDING SECTIONS 2-3.90, ET SEQ., OF THE HAYWARD MUNICIPAL CODE, RELATING TO THE COMMUNITY SERVICES COMMISSION; AND FINDING

THAT THE ACTION IS EXEMPT FROM CEQA REVIEW

Section 1. Section 2-3.90, et seq. of the Hayward Municipal Code is amended to read in full as follows:

COMMUNITY SERVICES COMMISSION

SEC. 2-3.90 POLICY.

It is the public policy of the City of Hayward to: (1) encourage the development of a planned and orderly approach to the development of community services in the City; (2) identify the needs for community services, to plan for the coordinated delivery of such services to residents in need through both private and public resources so as to avoid duplication and conflict of effort; and (3) create and sustain an environment which will encourage and bring about mutual understanding and respect among all groups of the City, eliminate prejudice, discrimination, and disorder, and guarantee equal rights and opportunities for all.

The City Council of the City of Hayward finds that there is a need on the part of the City and the community to institute an official, responsible, community-oriented body within the City government in order to identify the needs for community services, to plan for the coordinated delivery of such services to citizens in need through both private and public resources so as to avoid duplication and conflict of effort, to evaluate the effectiveness of the services provided and to advise the City Council in re gard to these functions, to support community improvement goals, to help solve community problems, and to serve as the Citizens Review mechanism of federally financed or aided projects.

SEC. 2-3.91 COMMUNITY SERVICES COMMISSION MEMBERS.

The Community Services Commission shall consist of eleven (11) members, one (1) of whom shall be designated Chairperson in the manner provided in section 904 of the Charter. 707

ATTACHMENT II

Page 2 of 4 ends

The Chairperson shall preside at all meetings and shall report directly to the City Council on all recommendations of the Commission.

The Commission shall adhere to the rules adopted by the City Council, as such rules apply to advisory bodies, for the conduct of its business, and any such rules and regulations shall be printed and made available to the public.

SEC. 2-3.92 THE COMMUNITY SERVICES DIVISION.

The Manager of Community Services, or his/her authorized representative, shall attend all meetings of the Commission, furnish necessary information, data and records, submit proposals and recommendations and provide technical assistance and advice as required.

The Community Services Division shall provide clerical support and maintain files and records of the Commission.

SEC. 2-3.93 POWERS AND DUTIES.

As an advisory agency to the City Council, the Community Services Commission shall have the power and duty to:

1. Advise the City Council as to the most effective means of allocating available resources for community services, including the annual review of federal and local funding of community -based programs and projects that align with the Council’s priorities and strategic initiatives.

2. Promote interagency and intergroup coordination in the development of community social resources.

3. Serve as the primary conduit for resident participation in all phases of the Community Development Block Grant (CDBG) program funded by the Department of Housing and Urban Development (HUD), as specified in the City’s HUD-mandated Community Participation Plan.

4. Through its role in the Community Agency Funding process, discourage and prevent any and all recognized discriminations based upon race, sex, religion, national origin, age, handicap, sexual orientation, and all other protected categories of persons, if any, under federal and state law, and particularly those discriminations in the areas of housing, employment, and education.

5. Advise the City Council on social, community, and human service needs, including reviewing community-wide demographic and service data to help inform updates to the City’s Community Needs Assessment and other strategic plans and initiatives that support Hayward’s most vulnerable populations.

Section 2. California Environmental Quality Act. Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act (“CEQA”), under Public Resource Code Section 21065 and CEQA Guidelines Section 15320, 15378, and 15061(b) (3) as there is no possibility that such action would cause either a direct, or reasonably foreseeable indirect, physical change in the environment.

708

ATTACHMENT II

Page 3 of 4 ends

Section 3. If any section, subsection, paragraph, or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid, or beyond the authority of the City of Hayward by a court of competent jurisdiction, such a decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

Section 4. The effective date of this Article shall be thirty (30) days after its adoption by the City Council.
709

ATTACHMENT II

Page 4 of 4 ends

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the day of , 2026, by Council Member .

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the day of , 2026, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Mayor of the City of Hayward
DATE:

ATTEST:

City Clerk of the City of Hayward

APPROVED AS TO FORM:

City Attorney of the City of Hayward
710

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: RPT 26-052
DATE: June 16, 2026
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Development of New 39,900-Square-Foot Hangar at Hayward Executive Airport by APP Jet Center

RECOMMENDATION
That the City Council receives this informational report that provides a summary of the development of a new approximately 39,900-square-foot aircraft hangar (Attachment II) and associated improvements with the APP Jet Center on its existing leasehold at the Hayward Executive Airport.

SUMMARY
APP Jet Center (APP) has been a commercial tenant in good standing at Hayward Executive Airport (HWD) since 2005. APP is categorized as a Fixed Base Operator (FBO) that primarily sells aviation fuel and leases space for the storage of aircraft.

The existing hangars operated by APP at HWD are currently at or near capacity, in part the result of high demand for hangar space in the San Francisco Bay Area. APP continues to receive inquiries from potential tenants that own or are purchasing some of the quietest and most fuel-efficient aircraft in production.

To address this demand, APP is completing design work and would soon like to begin construction of a new 39,900-square-foot hangar, subject to approval of all plans and specifications by City staff. To clarify, this is not a request to lease additional ground space at the airport but to proceed with a capital project on an existing leasehold.

This project represents a private, multi-million-dollar investment in the community. There are other economic benefits including employment opportunities for Hayward residents and additional revenue for the airport to help support financial independence.

ATTACHMENTS
CITY OF HAYWARD Printed on 6/12/2026Page 1 of 2
powered by Legistar™
711
File #:RPT 26-052
Attachment I Staff Report
Attachment II Summary of Proposed Development
CITY OF HAYWARD Printed on 6/12/2026Page 2 of 2
powered by Legistar™
712

Page 1 of 4 ends

DATE: June 16, 2026

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Development of New 39,900-Square-Foot Hangar at Hayward Executive Airport by APP Jet Center

RECOMMENDATION

That City Council receives this informational report that provides a summary of the development of a new approximately 39,900-square-foot aircraft hangar (Attachment II) and associated improvements with the APP Jet Center on its existing leasehold at the Hayward Executive Airport.

To address this demand, APP is completing design work and would soon like to begin construction of a new 39, 900-square-foot hangar, subject to approval of all plans and specifications by City staff. To clarify, this is not a request to lease additional ground space at the airport but to proceed with a capital project on an existing leasehold.

713

Page 2 of 4 ends

FISCAL IMPACT
Similar to other development or building projects, APP will pay fees and charges associated with planning and building review. Other than these revenues, which are already budgeted, there is no General Fund or Measure C impact.

The Airport is an Enterprise fund and all revenue generated by the airport remains dedicated solely for the use at the airport. Likewise, all Airport expenses are borne by the Airport Enterprise Fund and not the General Fund.

BACKGROUND
APP Jet Center is currently one of two companies at the airport that primarily sells aviation fuel and stores aircraft. These companies are known as FBOs. These two FBOs are the largest aviation employers on the airport and are essentially commercial anchor tenants. They are also competitors that service both aircraft operated by individuals and companies throughout the San Francisco Bay Area and aircraft operated by visitors from other U.S. cities. The two FBOs represent a “front door” to the community and help form a first impression that visitors landing at the airport have of Hayward and the East Bay.

APP Jet Center opened for business at HWD in 2005. They currently lease three separate leaseholds from the airport with hangars, a terminal, and office space totaling 140,000 square feet. The last ground lease with APP expires in 2053. The airport receives base rent on a monthly basis and a percentage of fuel sales. APP also operates FBOs in the Washington, DC area and Fort Pierce, Florida.

APP has made previous capital investments at HWD. In addition to interior renovations on existing buildings, in 2016 over $5 million was invested to construct a new terminal building with an attached 20,000-square-foot hangar. The new terminal provides a host of services and amenities that were not available in APPs previous terminal. This newest hangar continues APP’s phased development approach.

DISCUSSION
HWD does not receive revenue from the City’s General Fund. It is managed as an Enterprise Fund and must generate all the annual revenue it receives. Accordingly, it is incumbent upon staff to seek projects that generate revenue and to evaluate proposals that are received. Projects that appear beneficial are then recommended for review and approval.

Federal Aviation Administration (FAA) policy also requires financial self -sufficiency to the extent possible, per FAA Grant Assurance 24, "Fee and Rental Structure," and by 49 U.S.C. § 47107(a)(13).

Under airport policy, the airport is entitled to a fee for each gallon of aviation fuel sold. This is calculated by one of two methods, per an amount per gallon, or as a percentage of gross fuel sales, whichever is more. Using the percentage method, it is estimated the new hangar will 714

Page 3 of 4 ends

produce $43,200 in additional annual revenue. The new hangar will generate additional financial benefits as outlined below.

The APP hangar will also address the unmet and continuing demand for the storage of modern aircraft. As a community benefit, innovative wing designs allow modern aircraft to take off in shorter distances and climb faster, reducing noise impact on the ground. New engine designs further reduce noise.

ECONOMIC IMPACT
In the short term, the new hangar construction will generate work for tradespeople. The City’s General Fund will benefit from any additional sales tax generated from the new hangar tenants.

In addition, this project will benefit the local economy by providing long-term job opportunities, and the City will receive a portion of the aircraft possessory tax collected by the County.

STRATEGIC ROADMAP
This agenda item pertains to development at the airport and does not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap.

SUSTAINABILITY FEATURES
HWD is strongly committed to developing projects that are environmentally responsible.

Therefore, staff will ensure that all plans proposed by the developer incorporate features that are commensurate with the City’s sustainability guidelines.

PUBLIC CONTACT
The agenda and staff report for this item have been posted on the City’s website and distributed to interested parties.

NEXT STEPS
The developer will, in order, comply with the City’s building codes ; draft final plans and specifications; receive final building permit; and begin construction this year.

715

Page 4 of 4 ends

Prepared by: Doug McNeeley, Airport Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________
Jennifer Ott, City Manager
716

AA T AAJ AD W R J ES N
XXXX
AE D
28'-0" CLR OPG

HANGAR DOORS

KYNAR PTD SHEET

METAL TO MATCH

SIDING, COLOR
T.B.D.

KYNAR PAINTED METAL
SIDING, TYP.

PAINTED METAL DOOR
103 102104a 104b 104c 104d 104e 104f 104g 104h
F.13 F.13 F.13
F.11F.11

PLACEHOLDER FOR

AIR-SIDE ADDRESS
NUMBER
32'-0"
9'-0"
9'-0"
12 1

LOWEST (E) GRADE AT BLDG
CORNER (EL 30.55')

LINE OF (E) GRADE
40'-0"

HAYWARD HT LIMIT LINE
SLAB @ HANGAR DRS
EL 31.5' (+0'-0")
7'-0"
TYP
A301
02 BL BL
2 1/8"

LEASEHOLD
LINE
CL
(E) GRADE
EL 30.45' (-1'-3/4")
(E) GRADE
EL 31.6'
updated roof line, benchmarks
7/25/25
T.O.CURB
EL 32.5' (+1'-0")SLAB @ HANGAR DRS
EL 31.5' (+0'-0")
43'-3"

OVERALL BLDG HT
34'-6"

BLDG HEIGHT AT EAVE
MIDPOINT HEIGHT LIMIT (EL 70.55')
EAVE
EL 66.00' (+34'-6")
RIDGE
EL 74.75' (+43'-3")

MIDPOINT
EL 70.38'

MIDPOINT OF GABLE -
SEE G005 FOR HEIGHT

DIAGRAM
1 2 3 4 5 6 7 8 9

KYNAR PAINTED

METAL SIDING

GALVALUME

METAL ROOF
F.10F.10F.10
16'-0"

LINE OF (E) GRADE
A301
01 DOWNSPOUT TYP,

SEE PLAN
BLBL

LEASEHOLD
LINE

LINE OF EXISTING GRADE
(E) GRADE
EL 31.9' (+0'-4")
(E) GRADE
EL 30.55'
10/31/25, UPDATED 11/11/25
T.O.CURB
EL 32.5' (+1'-0")
SLAB @ HANGAR DRS
EL 31.5' (+0'-0")
43'-3"

OVERALL BLDG HT
34'-6"

BLDG HEIGHT AT EAVE
1'-4"
SLAB @ HANGAR DRS
EL 31.5' (+0'-0")
14'-0" DOOR HT.
107
12'-8 1/2"12'-8 1/2"12'-8 1/2"
EAVE
EL 66.00' (+34'-6")
RIDGE
EL 74.75' (+43'-3")

MIDPOINT
EL 70.38'
27'-6"

TRANSLUCENT

POLYCARBONATE
SIDING
5'-0"
89 YESLER WAY

MEZZANINE
SEATTLE, WA 98104
206.464.7997
www.rb-a.net
proj. no: 2402
issue: date:
sheet:

ROHLEDER BORGES

ARCHITECTURE

RBA APP - HAYWARD
20301 SKYWEST DRIVE
C 28832

RENEWAL DATE
TCETI
HCR
A

DES NE CI L S T ATE
O
F C
A

LIFORNIA

T I M O T H Y

R O H L E D E R

01.31.2027

LEASEHOLD HANGAR
A201
3/32" = 1'-0"
WEST ELEVATION02
0 10 20'
3/32" = 1'-0"
SOUTH ELEVATION01

1. SEE A400 FOR "BASIS OF DESIGN" LUMINAIRE
SCHEDULE.

2. CONFIRM LOCATIONS AND ALL SELECTIONS WITH
OWNER PRIOR TO ORDER.

SHEET NOTES:
07/25/25EARLY BID SET
03/13/2026
08/01/25SPR
03/13/26PERMIT

ATTACHMENT II
717

$'*,

127&(17(5('
21(;7$;,/$1(

0$;&/($5
$'*,,,

127&(17(5('
21(;7$;,/$1(

%(7:((1(;
+$1*$56

%(7:((1(;
+$1*$56

%(7:((1+$1*$56

0$;&/($5
$'*,,,

127&(17(5('
21(;7$;,/$1(
ϰϱϬϬWZ<ZE͕^h/d
ϮϬϮ
>^^͕>/&KZE/ϵϭϯϬϮ
W,KE
͗;ϴϭϴͿϴϬϲͲϴϯϮϵ
yKE^h>d/E'͕/E͘ ^<zt
^dZ/s

,ztZ͕ϵϰϱϰϭ
,ztZ>
^
,K>,E'Z
([S
1R
&,9,/
'$;
+
2 ) )
&

6&$/(

7/2)$(;+,%,7

866859(<)((7

ϯ͘Ϯ
d>K&
y,//d
/(*(1'
352-(&7/($6(/,1(
7$;,:$<2%-(&7)5(($5($
72)$

(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$5
(;,67,1*+$1*$54
(;,67,1*+$1*$5
68/3+85&5((.
/($6(+2/'
+$1*$5
(;,67,1*7$;,/$1()
&(17(5/,1(
(;,67,1*7$;,/$1(
675,3(3(56859(<
(;,67,1*7$;,/$1(
&(17(5/,1(
7$;,:$<(
718
Legend
APP Leasehold Hangar
1000 ft
N ➤ ➤
N
719
HARD Revisions: 12-04-24

Page 1 of 14 ends

Memorandum of Understanding
between City of Hayward and Hayward Area Recreation and Park District For the La Vista Park Project

This Memorandum of Understanding (“MOU”), effective this day of , 2025 (the “Effective Date”) is between the City of Hayward (“City”), a municipal corporation of the State of California, and the Hayward Area Recreation and Park District (“HARD”), a California special district, hereinafter referred to individually as a “Party” and collectively as “Parties”, for the design, construction, funding, operation and maintenance of La Vista Park in Hayward, California.

RECITALS

WHEREAS, in 2005, City approved the La Vista residential development in south Hayward, on Tennyson Road and Mission Boulevard, that included the construction of 179 new single-family homes (the “Residential Development”); and

WHEREAS, the developer of the Residential Development donated thirty (30) acres of land adjacent to the Residential Development to be used for the development of a new public park for the south Hayward community and Two Million Dollars ($2,000,000.00) for such purpose (the “Developer Fee Contribution”); and

WHEREAS, in 2018, the size of the proposed park expanded to almost 50 acres of land with the City’s acquisition of former California Department of Transportation (“CalTrans”) right-of-way land from the former Route 238 bypass project; and

WHEREAS, the size of the proposed park was subsequently reduced by approximately eleven (11) acres of land to address funding constraints, thus resulting in the size of the proposed park at approximately thirty -nine (39) acres of land as shown as the “Park Property” on the Project Site Map, attached hereto as Exhibit “A” and incorporated herein; and

WHEREAS, the proposed park is to include a number of park and recreational facilities, including sports fields, courts, a yoga lawn, hiking trails, and amphitheater, among other amenities (collectively, the “Park Improvements”), and approximately sixteen (16) acres of open space (collectively, the “Park Project” or “Project”), all as shown on the Park Project Conceptual plan, which is attached hereto as Exhibit “B” and incorporated herein by reference, which was approved by the Hayward City Council on October 30, 2017; and

WHEREAS, in March 2019, City entered into a professional services agreement with Surface Design, Inc. (the “Project Architect”) for the design of the Park Project and the preparation of plans and specifications for the construction of the Park Improvements; and

WHEREAS, in September 28, 2021, the Hayward City Council approved the final design of the Park Project and confirmed that no further action under the California Environmental Quality Act (“CEQA”) action was required after the addendum to the original Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 29th
January
112720
HARD Revisions: 12-04-24

Page 2 of 14 ends

Initial Study/Mitigated Negative Declaration was prepared and reviewed and approved by the Hayward City Council in 2005; and

WHEREAS, City initially bid the construction of the Park Improvements in 2023, but rejected all bids because they exceeded the available funding for the project and subsequently reduced the scope of the Park Improvements; and

WHEREAS, the Project will create a much -needed amenity and attraction for the south Hayward community, a traditionally low -income and underserved service area of Hayward, by improving access to high quality park and open spaces, enhancing quality of life for residents, increasing property values, attracting visitors, and helping economic growth for local business; and

WHEREAS, City and HARD desire to collaborate on the design, funding, construction, operation and maintenance of the Project; and

WHEREAS, Chapter 4 of Division 5 of the California Public Resources Code authorizes and empowers any city and recreation district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities, including without limitation this MOU, subject to approval or ratification by HARD’s Board of Directors and the City’s City Council.

NOW, THEREFORE, in consideration of the covenants and conditions hereinafter contained, it is mutually agreed by and between City and HARD as follows:

AGREEMENT

1. Park Project Generally. The purpose of this MOU is to set forth the terms and conditions for the design, funding, construction, operation and the maintenance of the Park Project and Park Improvements. As further set forth herein, City will be responsible for the design of the improvements with input from HARD, the bidding and construction of the improvements and close-out phases of the construction of the improvements. HARD will be responsible for the operation, management, maintenance, and repair of the Park Improvements. The funding of the construction of the improvements will be shared between the Parties as set forth herein.

2. Term. The Term of this MOU shall commence on the Effective Date, and shall expire, unless terminated early or extended as provided herein, on the twenty -fifth (25th) anniversary of the recording of a Notice of Completion of the construction of the Park Improvements. The Term may be extended by agreement of the Parties and documented as an amendment to this MOU. City agrees that if this MOU is terminated earlier than 2046, then City, pursuant to the HARD Measure F1 Bond tax -exempt requirements, as further discussed below, will continue to use the Park Improvements for recreational purposes until at least 2046 (the end of the Bond Term) and that it will not turn over substantial control of the Park Project to a non- governmental entity during the Bond Term.

Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 113721
HARD Revisions: 12-04-24

Page 3 of 14 ends

3. Funding of Construction of Park Project Improvements.

a) Park In-Lieu Fees. The Parties agree that City will allocate Thirteen Million Dollars ($13,000,000.00) in accumulated park in-lieu fees (Quimby Act fees) collected by City as of the Effective Date from certain residential development projects in the communities to be served by the Park Property, including, but not limited to, the Developer Fee Contribution (“Park In-Lieu Fees”). In addition, and as further set forth in Section 3(d), below, the Parties agree that City will allocate Six Million, Seven Hundred Thousand Dollars ($6,700,000.00) of existing and/or future park in-lieu fees collected by City from developers of residential development projects in communities to be served by the Park Property to HARD as a reimbursement of a portion of HARD’s financial contribution to the Project as described in Section 3(c), below.

b) City Financial Contribution. City agrees to allocate a total of Five Million, Seven Hundred Eighty-Five Thousand Dollars ($5,785,000.00) from separate City funds for the construction of the Park Improvements, consisting of Five Million, Two Hundred Thousand Dollars ($5,200,000.00) of Measure C funds and Five Hundred Eighty -Five Thousand Dollars ($585,000.00) of off -site tree mitigation funds (collectively, the “City Funds”). As an additional City financial contribution to the Park Project, as of the Effective Date City has incurred One Million, Nine Hundred Twenty-Eight Thousand ($1,928,000.00) in costs related to design consultants, geotechnical and environmental studies and Park Project administrative costs. City shall, within fifteen (15) days of the Effective Date, provide to HARD , for HARD’s review, copies of documentation of previously incurred City project costs.

c) HARD Financial Contribution . HARD agrees to allocate a total of Fifteen Million, Four Hundred Thousand Dollars ($15,400,000.00) in Measure F1 Bond funds for the design and construction of the Park Improvements (“HARD Funds”). The use of Measure F1 Bond funds is subject to the restrictions of the terms and conditions for the issuance of the bonds which include, but are not limited to, the requirement that improvements funded by these bonds must be used for recreational purposes during the Bond Term, or until 2046, and that the improvements cannot be operated or leased to a private party during the Bond Term. HARD will transfer the HARD Funds on a reimbursement basis to City upon City’s request supported by documentation of Project costs as further set forth in Section 8, below. HARD is not obligated to provide further funding for the design and construction of the Park Improvements other than as provided in this Section 3(c).

d) Reimbursement of HARD Financial Contribution . As described in Section 3(a) above, the Parties agree that City will allocate Six Million, Seven Hundred Thousand Dollars ($6,700,000.00) of existing and/or future park in-lieu fees collected by City from developers of eligible residential development projects in the communities to be served by the Park Property to HARD as a reimbursement of a portion of HARD’s total financial contribution to the Project (the “Reimbursement Amount”). For any residential developments in the communities to be served by the Park Property for which park in- lieu fees are to be collected after the Effective Date, City shall, upon the appr oval of a Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 114722
HARD Revisions: 12-04-24

Page 4 of 14 ends

building permit for such development, in addition to its other obligations under the Quimby Act, notify HARD in writing of such development and the amount of park in-lieu fees to be collected therefrom. Upon the receipt of the park in-lieu fees, City shall pay to HARD the amount of fees collected as a portion of the Reimbursement Amount. Any such reimbursement shall be documented in writing and the Parties shall keep a record of the reimbursement payments made to HARD. The Parties may also agree to the City’s transfer of existing unallocated park in- lieu fees to HARD for park projects as a part of the Reimbursement Amount. It is intended that HARD will be paid the Reimbursement Amount within ten (10) years of the date of the Effective Date. If HARD is not fully reimbursed by that date, then the unpaid portion of the Reimbursement Amount on that date shall be increased by interest at rate of the consumer price index for all urban consumers (“CPI”), compounded annually, commencing on the date 10 years from the Effective Date. Once HARD has received the full Reimbursement Amount, then City will have no further obligation under this Section 3(d). HARD shall have full discretion in its use of the funds received from City under this MOU, provided that such funds shall only be used for park land acquisition or park improvements . This subsection shall survive the early termination of this MOU.

e) Summary of Total Available Funding.

Park In-Lieu Fee Allocation $13,000,000.00
City of Hayward Contribution $5,785,000.00
City Previously Incurred Costs $1,928,000.00
HARD Contribution $15,400,000.00
Total $36,113,000.00

4. Project Costs Estimate . City has worked with the Project Architect to develop a cost estimate (shown below) of the total hard and soft costs anticipated to be incurred in the construction of the Park Improvements based on the Conceptual Plan as shown below:

Construction of Reduced Scope Park $25,460,000
Construction Contingency (12%) $3,055,200
Construction Subtotal $28,515,200

Design $1,996,064
Administration $1,392,520
Geotechnical Inspection, Testing and Reporting $2,281,216 Previously Incurred City Costs $1,928,000
Total Project Cost $36,113,000

5. Project Budget. City shall, with the assistance of the Project Architect and considering any information provided by HARD, prepare a detail project budget showing the estimated costs of the construction of the overall Park Improvements and the amount of the construction contingencies and project fees (the “Proposed Project Budget”) and provide it to HARD within thirty (30) days of the Effective Date. HARD shall provide any proposed changes to City within fifteen (15) days thereafter. HARD’s failure to pro vide Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 115723
HARD Revisions: 12-04-24

Page 5 of 14 ends

a response within the 15 -day period shall be deemed HARD’s approval of the Proposed Budget. City shall consider any HARD requested changes to the Proposed Budget except changes that materially increase the total cost of the Project, that require a change to the Conceptual Plan or that are inconsistent with the terms herein. City and HARD shall approve the agreed upon budget (the “Project Budget”). City shall be responsible for the administration of the Project Budget, but any changes to the Project Budget shall be agreed upon by both Parties.

6. Eligible Project Costs . The following costs and expenses may be funded with Park In- Lieu Fees, HARD Funds and City Funds (collectively, “Project Funds”) as contained in the Project Budget, and to the extent not prohibited by applicable law:

a) project contractor costs associated with direct Project construction, coordination, and support;

b) funds expended in preparation of Project design, architectural, civil, and geotechnical services;

c) site preparation costs;

d) funds spent to construct the Project including but not limited to contingency amounts under any Project contractor agreement;

e) construction management, field inspection and material testing costs; and

f) other costs as mutually agreed upon in writing by HARD and City.

7. Administrative Costs . Except as otherwise provided herein, each Party shall be responsible for its own administrative costs incurred or to be incurred in connection with its role in the Park Project, including but not necessarily limited to staff time, and such costs shall not constitute Eligible Project Costs. Each Party acknowledges that by participating in design, construction, operation and maintenance of the Park Project, it will incur a significant and uncompensated investment of staff time and attorney resources.

8. Disbursements of HARD Funds.

a) Prerequisites to Disbursement of HARD Funds . Subject to the terms and conditions of this MOU, HARD shall make each disbursement of HARD Funds to City for deposit in a separate account established by the City so that such funds shall be available for payment of Eligible Project Costs as such costs are incurred by City. City shall be responsible for the payment of funds to all Project contractors for Eligible Project Costs.

Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 116724
HARD Revisions: 12-04-24

Page 6 of 14 ends

b) Disbursements of HARD Funds . Disbursements of HARD Funds shall be made within ten (10) business days after receipt of a written disbursement request from City which shall be accompanied by:

1) City’s Written Statement. A written statement from City certified by City’s authorized representative to be true and correct, which includes all of the following:
(i) the amounts previously paid to each Project contractor to whom the Eligible Project Costs are owed;
(ii) the amounts currently requested for payment by each such Project contractor; (iii) any balances due or anticipated to become due to each such Project contractor; (iv) a brief description of the Eligible Project Costs as defined above; and (v) confirmation that the prime or general construction contractor’s performance bond has been posted and has not been withdrawn, terminated or become unenforceable;

2) Waivers of Liens, Affidavits, and Releases of Liens. Waivers of liens, affidavits, and releases of liens with respect to the labor and materials which are the subject of the current disbursement request;

3) City and Project Architect Acknowledgement. An acknowledgement by City staff and the Project Architect certifying that work for which HARD Funds have been requested has been completed and materials are in place as indicated in the current disbursement request; and

4) Documentation of Costs. Copies of Project contractor requests for payment or reimbursement of costs and invoices and any other documentation of payments to be made to Project contractors.

9. Completion Report . Promptly following acceptance of the construction of the Park Improvements, City will prepare and submit to HARD a post-completion accounting of all Project costs and expenses, including all expenditures of HARD Funds and City Funds.

HARD reserves the right to independently audit all Project costs and expenses and the expenditure of HARD Funds and City Funds. City agrees to cooperate in any such audit and provide access to HARD and/or its auditors of City’s accounting documents and all other Project documents.

10. Construction Drawings and Construction Contract.

a) General Requirements . The design, materials, and location of the Park Improvements have been and shall continue to be subject to review and input by mutual agreement of City and HARD. City shall direct the Project Architect to complete the design of the Park Improvements and any additional or supplemental site plans, design documents, landscaping plans, drawings, plans and specifications (including any value engineering modifications as may be Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 117725
HARD Revisions: 12-04-24

Page 7 of 14 ends

mutually agreed upon by the Parties) and any other documentation on which Project contractors shall rely in connection with development of the Project (collectively "Construction Drawings"). The Construction Drawings shall implement and be consistent with the Conceptual Plan, unless otherwise agreed to by the Parties.

b) HARD Review of Construction Drawings . City shall provide the draft drawings at one hundred percent (100%) schematic design, one hundred percent (100%) design development, and one hundred percent (100%) Construction Documents.

HARD shall provide comments, if any, within ten (10) business days of receipt.

City shall incorporate any changes reasonably requested by HARD into the Construction Drawings, unless such changes are inconsistent with the Conceptual Plan, this MOU, or materially increase the Project costs.

c) Construction Contract. City shall contract with a prime or general contractor for the construction of the Park Improvements (the "Construction Contractor") and shall contract with such other contractors and consultants to perform work on the Park Project as identified in the Project Budget (collectively “Other Project Contractors”). City shall provide the draft construction contract and all supporting documents for the construction of the Park Improvements with the Construction Contractor (the “Construction Contract”) to HARD for review and comment. HARD shall provide requested changes to City within fifteen (15) days of receipt of the draft Construction Contract from City. HARD’s failure to provide requested changes within the 15 -day comment period shal l be deemed HARD’s approval of the draft Construction Contract. City shall incorporate HARD’s requested changes to the contract unless such changes are not consistent with the Conceptual Plans, the Construction Documents and/or the terms and conditions herein or materially increase the cost of the construction of the Park Improvements. City shall provide to HARD a copy of the Construction Contract entered into with the Construction Contractor.

11. Observation During Construction . City agrees to allow HARD's authorized representatives, agents and employees reasonable access to the Park Property to observe the construction of the Park Improvements. HARD shall provide twenty -four (24) hours prior written notice of its entrance onto the Park Property.

12. General Construction Standards. All work done in connection with construction of the Project shall be performed by the Construction Contractor pursuant to the Construction Contract and such amendments thereto as reviewed and agreed upon by HARD. All Project design and construction work shall be performed by licensed contractors, engineers or architects, as applicable. All such work shall be conducted in a professional fashion in accordance with Construction Drawings and in compliance with all applicable local, state and federal statutes, codes, ordinances, laws, rules, regulations and orders, including the Americans with Disabilities Act and the California Environmental Quality Act (“CEQA”) and any rules, regulations or orders issued or promulgated by any Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 118726
HARD Revisions: 12-04-24

Page 8 of 14 ends

governmental agency with jurisdiction over the Project or the Park Property (collectively, "Applicable Laws").

13. Insurance Requirements . City and the Construction Contractor and Other Project Contractors (collectively for the purposes of this Section 13, “Project Contractors”) shall maintain a commercial general liability policy in the amount of at least Two Million Dollars ($2,000,000.00) combined single limit, or such other policy limit as City may approve or require in its reasonable discretion, including coverage for bodily injury, property damage, products, completed operations and contractual liability coverage.

Such policy or policies shall be written on an occurrence basis.

a) City shall require Project architects, landscape architects, engineers and other design professionals to maintain professional liability insurance in an amount not less than One Million Dollars ($1,000,000.00).

b) All Project Contractors working on behalf of City shall maintain comprehensive automobile liability coverage in the amount of at least One Million Dollars ($1,000,000.00), combined single limit including coverage for owned and non- owned vehicles.

c) All Project Contractors shall obtain and maintain Workers’ Compensation Insurance as required under State law.

d) Companies writing the insurance required hereunder shall be licensed to do business in the State of California. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The commercial general liability and comprehensive automobile policies required hereunder shall name HARD and City as an additional insured party.

14. Notice of Completion. Upon completion of construction of the Park Improvements and City’s and HARD’s acceptance thereof, City shall file or cause to be filed in the Official Records of Alameda County a notice of completion with respect to the subject work (the "Notice of Comp letion"). City shall provide HARD with a copy of the filed Notice of Completion within five (5) days filing the date of filing.

15. Guaranty and Warranty/Bonds. City shall obtain a guaranty from Project Contractors that the Park Improvements shall perform satisfactorily for a period of not less than two (2) years from and after the date City and HARD accept the Project and Park Improvements as complete. Following expiration of the warranties and guaranties (or in the absence of coverage thereunder), the costs of undertaking any repairs to or replacement of the Park Project or Park Improvements shall be governed by the terms of this MOU as set forth in Section 19, below. The Construction Contract shall require the Construction Contractor to post and maintain throughout the construction of the Project performance and payment bonds applicable to similar construction projects.

Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 119727
HARD Revisions: 12-04-24

Page 9 of 14 ends

16. Promotion and Advertising . Each Party may engage in promoting or advertising the construction of the Park Project. Any such promotion or advertisement shall indicate that the project is jointly funded by City and HARD.

17. Signage. The Parties may agree to post a sign or signs on the Park Property during construction of the Project that states, among other things, that the Project is jointly funded by HARD and City. HARD’s and City’s logo may be affixed to the sign(s). Any such sign(s) shall be removed upon the completion of the construction of the Park Improvements. Thereafter, a sign or signs shall be posted at the Property which identifies the Park Project as “La Vista Park,” states that it was jointly funded by HARD and City, includes HARD’s and City’s logo (of approximately the same size), and such, other information as agreed on by the Parties. The Parties shall also agree on the location of the placement of the sign(s). The cost of the construction and maintenance of the sign(s) shall be evenly shared by the Parties. Any such sign(s) may be removed upon the expiration of the Term or the earlier termination hereof.

18. Title to Land and Improvements. City shall retain title to the Park Property. The Park Improvements shall be owned by HARD. Upon expiration of the Term and any extension thereof, or the earlier termination hereof and upon City’s payment to HARD as applicable and as provided in Sectio n 20(c), below, HARD shall record a quitclaim deed, or similar instrument, against the Park Property thus transferring its ownership interest in the Park Improvements to City. Thereafter, HARD shall have no right, interest or control of the Park Improvements. Notwithstanding the foregoing, HARD shall have the right to use the Park Improvements and to access, occupy, use and manage the Park Property upon which they are situated during the terms set forth in this MOU.

19. Access to Park Property and Operation of Park.

a) Access to Park Property and Operation of Park . Upon City’s and HARD’s acceptance of the Park Improvements and the recording of the Notice of Completion, the Park Property and Park Improvements shall be considered “after- acquired property” as defined in the Master Agreement and Lease (“Master Agreement) for Hayward Park Sites between HARD and the City, dated July 1, 2023, and shall be subject to all terms and provisions thereof, except as otherwise provided herein, as of the date the Hayward City Council designates inclusion of the Park Property and Park Improvements in the Master Agreement by resolution.

HARD’s right of access to the Park Property and the operation, management and maintenance of the Park Property and Park Improvements shall be for the Term hereof and any extension thereof. If the Master Agreement expires or is terminated prior to the end of the Term hereof, then the applicable terms and conditions of the Master Agreement shall remain applicable to this MOU, except as otherwise agreed to in writing by the Parties.

b) Maintenance of Park Property and Park Improvements. Consistent with the provisions of the Master Agreement, HARD shall be responsible, at its costs, for the maintenance of the Park Property and the Park Improvements in the same Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 120728
HARD Revisions: 12-04-24

Page 10 of 14 ends

manner that it maintains its other parks and park facilities pursuant to the approved Park Maintenance Standards as adopted by the HARD Board of Directors, as they may be amended from time to time. Maintenance shall include cleaning and maintaining including minor repairs, cleaning drains, and contracting for any services necessary to maintain the project area in its entirety.

HARD shall be responsible for the maintenance and cleaning of all equipment, amenities and facilities within the Park Property including irrigation of all installed trees and landscaping, and open space fire abatement . HARD shall be responsible for procuring and paying for all utilities furnished to the Park Property and Park Improvements.

c) Capital Replacement. Capital Replacement shall mean the repair or replacement of any Park Improvement with a cost thereof in excess of Twenty -five Thousand Dollars ($25,000.00), increased annually at the percentage change of the CPI. For any Capital Replacement, the Parties shall meet and confer on the sharing of funding of the cost of the work, the process to retain a contractor to perform the work and the scheduling of the work so as to minimize the disruption of the use of the Park Property and the Park Improvements.

20. Termination/Events of Default.

a) Termination. Either Party may terminate this MOU upon thirty (30) days’ written notice following the other Party’s failure to cure an Event of Default, as defined below. Upon any such termination, HARD shall remove all of its equipment, tools, materials, vehicles and other personal property owned by HARD from the Park Property and return any keys, fobs or other access mechanisms to City. Upon termination by City for an uncured HARD default, HARD shall record the quitclaim deed set forth in Section 18, above. Upon termination by HARD for an uncured City default, City shall make the payment to HARD as required in Section 20(c), below, if any.

b) Events of Default . Failure by either Party to perform any material action or covenant required by this MOU, within the time periods provided herein following notice and expiration of the applicable cure period described below, shall constitute an “Event of Default.” A Party claiming an Event of Default shall give written notice of default to the other Party specifying the Event of Default complained of. Except as otherwise expressly provided in this MOU, the other Party shall not be in default if (a) in the case of a monetary default, the defaulting Party cures the default within ten (10) days following receipt of the notice of default, or (b) in the case of a non- monetary default, the defaulting Party fully cures, corrects or remedies the default within sixty (60) days following receipt of such notice of default or, if the non-monetary default cannot be cured within thirty (30) days, the defaulting Party commences to cure the default within such thirty (30)-day period and thereafter diligently and continu ously prosecutes such cure to completion.

Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 121729
HARD Revisions: 12-04-24

Page 11 of 14 ends

c) City Default Payment . Should City default prior to the completion of the construction of the Park Improvements and the Parties are unable to agree on amendment of this MOU to otherwise provide for the completion of the construction of the improvements and this MOU is terminated, then City shall reimburse HARD the amount of HARD Funds transferred to City prior to the City default. Upon the receipt of such reimbursement, HARD shall record the quitclaim deed set forth in Section 18, above. Should this MOU be terminated at any other time prior to the expiration of the Term for a reason other than a HARD Event of Default, then City shall pay to HARD an amount based on the percentage of years remaining in the Term at the time of the termination and the total number of years in the Term and applied to the total amount of HARD Funds used to pay costs for the construction of the Park Improvements. For instance, if HARD Funds in the amount of $15,400,000.00 are used on Park Improvement construction costs and the termination occurs in the 15
th year of the Term, then City would pay to HARD
forty percent (40%) of that amount or $ 6,160,000.00. Upon receipt of such payment, HARD would record the quitclaim deed set forth in Section 18, above.

Such payment would not affect HARD’s entitlement to reimbursement of a portion of the HARD Funds used for construction costs from future park in- lieu fees collected by City as set forth in Section 3(d), above.

21. Indemnity for Claims.

a) City Indemnity . City shall indemnify, defend (with counsel selected by City, subject to HARD’s approval, which shall not be unreasonably withheld), and hold HARD and its elected and appointed officers, officials, employees, agents and representatives (all of the foregoing, collectively the “Indemnitees”) harmless from and against any and all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (all of the foregoing, collectively “Claims”) incurred by or brought against HARD for the failure of City to comply with Applicable Laws, including, but not limited to, the Quimby Act, the procurement, retention, compensation and termination of Project Contractors or the design, construction, installation or City funding of the Park Project, except to the extent such Claim arises from the negligence or willful misconduct of HARD or from HARD’s failure to meet its Project funding obligations as set forth in this MOU. The foregoing indemnity obligation shall survive the expiration of the Term and extension thereof or the earlier termination of this MOU.

b) HARD Indemnity . HARD shall indemnify, defend (with counsel selected by HARD, subject to City’s approval, which shall not be unreasonably withheld), and hold City and its elected and appointed officers, officials, employees, agents and representatives (all of the foregoing, collectively the “Indemnitees”) harmless from and against any and all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation Docusign Envelope ID: 6EC23AE8-C836-4E89-9408-EB00B2D1C994 122730
HARD Revisions: 12-04-24

Page 12 of 14 ends

Hayward City CouncilJune 16, 2026

Hayward City Council
June 16, 2026