Hayward City Council
January 18, 2022

distributed generation access to all households, particularly of low- and moderate-income ratepayers.

DISCUSSION

In early 2021, the CPUC launched a formal proceeding to update the current NEM structure.

The new rulemaking is referred to as NEM 3.0 because this is the third iteration of the NEM program. More than 17 proposals were submitted to the CPUC for consideration, including a joint proposal from the state’s big three investor-owned utilities (IOUs): Pacific Gas & Electric (PG&E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG&E).

Opponents of the big three IOUs’ joint proposal claim that it would hinder the state’s highly successful rooftop solar market, which is a key strategy in the state reaching its ambitious clean energy and environmental goals.

On December 13, 2021, the CPUC issued a PD3 that is very similar to the IOUs’ joint proposal. Notable elements of the PD include the following:
 Credit Value of Excess Energy Exported to the Grid is Slashed by Nearly 80% o There is no transition identified, so the full reduction would take effect as soon as NEM 3.0 is implemented.
o The PD proposes values for each hour of the day rather than consistent values within existing time-of-use periods.

 Inadequate Market Transition Credits are Proposed
o There would be no incentive for commercial customers, including small businesses, schools, places of worship, and non-profits. o There would be no incentive for solar on new home construction, thus further exacerbating the unaffordability of the statewide real estate market and interfering with California’s ambitious new Title 24 goals, particularly its solar mandate for residential customers.
o A new fund of $150 million per year would be created to fund solar for the lowest-income customers. The PD proposes no further specifics, with details promised to be worked out later.

 Eligibility Term Reduced for Existing (NEM 1.0 and NEM 2.0) Solar Customers o The PD proposes that the current 20-year eligibility period for NEM 1.0 and NEM 2.0 would be reduced to 15 years for residential non-California Alternate Rates for Energy (CARE) customers.

 Dramatic Increases in Payback Periods for Rooftop Solar Systems o Under the current NEM 2.0 rate design, the payback period for a typical residential rooftop solar system is estimated to range between 5 and 9 years. o Under the PD, the residential simple payback period for market-rate customers would increase to 16.0 years for PG&E customers, 18.6 years for SCE customers, and 9.3 years for SDG&E customers. The residential simple

3 The CPUC’s proposed decision is available at
https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M430/K903/430903088.PDF

payback period for lower-income customers would increase to 11.6 years for PG&E customers, 11.2 years for SCE customers, and 12.2 years for SDG&E customers.

A consensus is emerging that a fair and effective rooftop solar policy must share its benefits with low-income and disadvantaged communities that have previously been left out. The PD further exacerbates these inequities. If approved, the PD is expected to significantly curtail the installation of new rooftop solar and battery storage, which would make it very difficult for California to meet its ambitious clean energy targets. The attached resolution opposes the PD and supports a NEM at expands clean energy access to all households, particularly of low-and-moderate income customers.

FISCAL AND ECONOMIC IMPACTS

Adoption of the attached resolution will not cause a fiscal or economic impact. If the CPUC adopts the PD, there would be negative consequences for existing and potential solar customers as well as for manufacturers and installers of rooftop solar and battery storage systems.

Under the current NEM structure, local and rooftop solar installations are proliferating rapidly in Hayward with monthly building permits in the hundreds of kilowatts. For example, in December 2021, which is not a representative month for construction activity, the City issued final inspections for more than 280 kilowatts of solar generation capacity in Hayward. Making the NEM structure less rewarding would not only impact the local economy by discouraging installation of new local and rooftop solar, but it would also adversely impact the environment.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Combat Climate Change. Specifically, this item relates to the implementation of the following project:

Project 1: Reduce Dependency on Fossil Fuels

SUSTAINABILITY FEATURES

No direct identifiable environmental sustainability savings are associated with this item.

However, the passage of the IOUs’ joint proposal would likely squelch the deployment of rooftop-scale solar and storage in the City of Hayward, which would interfere with a key strategy in the realization of Hayward’s climate action goals.

PUBLIC CONTACT

No public contact has been conducted.

NEXT STEPS

If approved by Council, staff will send the resolution to Governor Gavin Newsom, State Senator Bob Wieckowski, Assemblymember Bill Quirk, and members of the CPUC.

Prepared by: Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member
RESOLUTION IN OPPOSITION TO THE NET ENERGY METERING 3.0

PROPOSED DECISION AND IN SUPPORT OF A NET ENERGY METERING

POLICY THAT CONTINUES THE GROWTH OF LOCAL AND ROOFTOP SOLAR WHEREAS, Net Energy Metering (NEM) is designed to support the installation of customer-sited renewable energy generation; and
WHEREAS, NEM allows customers to receive bill credits for power generated by their solar system and shared with the power grid and ultimately save money on their utility bills; and
WHEREAS, NEM is what has allowed solar to become increasingly accessible to low and moderate income households; and
WHEREAS, the California Public Utilities Commission (CPUC) has launched a formal proceeding to update the current NEM structure to be introduced in 2022 as NEM 3.0 and a number of parties have submitted their proposal for what they believe NEM 3.0 should look like; and
WHEREAS, the California Investor Owned Utilities (IOUs), Pacific Gas and Electric, San Diego Gas & Electric and Southern California Edison, have submitted a joint proposal (the “IOU Proposal”) that calls for drastic changes to NEM that would make customer -sited renewable energy more expensive, increase the amount of time it takes for customers to pay off their systems, and ground to a halt the installation of distributed solar in California; and WHEREAS, the IOU Proposal would make it impossible for customer -sited renewables to continue to grow sustainably as mandated by law as a result of high monthly fixed fees for all solar installations, and slashing credits cu stomers receive for sharing their excess electricity with the power grid; and
WHEREAS, proposals submitted to CPUC by Protect Our Communities Foundation, California Solar & Storage Association, Vote Solar, GRID Alternatives, Solar Energy Industries Association, and others not only would encourage new solar adoption but also include additional subsidies for low income customers; and
WHEREAS, on January 15, 2019, the City of Hayward City Council declared a climate emergency and requested regional collabor ation on an immediate just transition and emergency mobilization effort to restore a safe climate; and

ATTACHMENT II

WHEREAS, on June 16, 2020, the City of Hayward City Council adopted revised greenhouse gas (GHG) emission targets of 30% below 2005 levels by 2025, 55% below 2005 levels by 2030 and carbon neutrality by 2045; and

WHEREAS, Hayward and California cannot meet adopted clean energy targets in time with utility scale solar alone and need to triple the amount of rooftop solar, as reported by the California Energy Commission 2021 SB 100 Joint Agency Report Summary; and

WHEREAS, protecting rooftop solar and expanding acce ss to rooftop solar in communities of concern will help California as well as our own city to move toward 100 percent clean energy, lessen the impacts of the climate crisis, and reduce climate injustices from dirty energy; and

WHEREAS, on December 13, 2021, the CPUC issued a Proposed Decision (PD) that is very similar to the IOUs’ proposal. Notable elements of it include the following:

 Credit Value of Excess Energy Saved and Exported to the Grid is Slashed by Nearly 80%
 Inadequate Market Transition Credits
 Eligibility Term Reduced for Existing (NEM 1.0 and NEM 2.0) Solar Customers  Dramatic Increases in Payback Periods for Rooftop Solar Systems.

NOW THEREFORE, BE IT RESOLVED by the City Council hereby finds and determines that it supports protecting and expanding rooftop solar via a strong succeeding NEM tariff and expanding clean energy access by making it easier, not harder, for people to adopt rooftop solar and energy storage in order to meet California's ambitious clean energy targets and deploy solar in all communities and households, particularly those struggling to pay for electricity; and

BE IT FURTHER RESOLVED, that the City Council hereby urges the CPUC to reject the Net Energy Metering 3.0 Proposed Decision issue d on December 13, 2021 and instead to strengthen the NEM program in a manner that:

(i) Expands clean distributed generation access to all households, particularly of low- and moderate income ratepayers.
(ii) Expands access to other clean energy technologies that pair with solar, such as battery storage.
(iii) Ensures that the solar installations continue to grow in order to help meet State and local climate goals.
(iv) Excludes provisions for high monthly fixed fees.
(v) Integrates Time-Of-Use rates into NEM 3.0 as appropriate to incentivize solar distributed generation, electrification and energy efficiency.

ATTACHMENT II

(vi) Ensures that customers in Environmental and Social Justice communities who have not had much access to rooftop, behind-the meter solar are provided generous incentives so they can be a greater part of the clean energy solution to the climate crisis.
(vii) Ensures that low-income customers have the opportunity to access the bill savings and resilience benefits associated with the NEM tariff. (viii) Provides a pathway for Environmental and Social Justice communities to own and operate distributed generation and related storage projects in their communities and to their benefit.
(ix) Ensures low-income customers are incentivized with retail rates to participate in the NEM program.

BE IT FURTH ER RESOLVED that copies of this Resolution shall be sent to Governor Gavin Newsom, State Senator Bob Wieckowski, Assemblymember Bill Quirk , and members of the California Public Utilities Commission Board.

IN COUNCIL, HAYWARD, CALIFORNIA , 2022.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-049
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT
Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Hayward Association of Management Employees and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding between the City of Hayward and the Hayward Association of Management Employees (HAME) bargaining unit for the period of December 2, 2021 through June 30, 2024.

SUMMARY
The current Memorandum of Understanding (MOU) with HAME expired on June 30, 2021. The attached resolution will allow staff to execute a successor agreement with HAME for the term of December 2, 2021 through June 30, 2024. The new agreement will grant salary adjustments totaling ten percent (10%) over the three-year contract term, as well as equity salary adjustments based on a study completed in April 2021, and a lump sum payment to all HAME represented employees in the amount of $1,500. The new contract also includes operational, administrative, and legal language updates.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
powered by Legistar™

DATE: January 18, 2022
TO
: Mayor and City Council
FROM: Director of Human Resources
S
UBJECT: Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Hayward Association of Management Employees and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding between the City of Hayward and the Hayward Association of Management Employees (HAME) bargaining unit for the period of December 2, 2021 through June 30, 2024.

S
UMMARY
The current Memorandum of Understanding (MOU) with HAME expired on June 30, 2021.

The attached resolution will allow staff to execute a successor agreement with HAME for the term of December 2, 2021 through June 30, 2024. The new agreement will grant salary adjustments totaling ten percent (10%) over the three-year contract term, as well as equity salary adjustments based on a study completed in April 2021, and a lump sum payment to all HAME represented employees in the amount of $1,500. The new contract also includes operational, administrative, and legal language updates.

BACKGROUND AND DISCUSSION
During the term of its prior contract with HAME, the City worked hard to achieve and maintain fiscal sustainability. Though the City continues to face the challenges of growing pension and retiree health liabilities, the City also recognized it would need to provide competitive salary increases as part of any successor contract in order to maintain its ability to recruit and retain employees. In order to do so, however, the City also sought to maintain its cost sharing structure for major employee benefits, including health and retirement, to help mitigate those growing costs. As detailed below, the City was able to achieve both of these goals in the proposed contract.

A
s part of the prior contract, the City and HAME conducted a total compensation study for all represented classifications but did not implement any salary changes related to that study during the last contract term. The parties recognized that in order to improve the City’s position

in the labor market, particularly for positions that have been challenging to recruit for, it would be beneficial to implement equity adjustments based on this study. As outlined below the parties agreed that:

• Positions that are more than 15% behind the market median (based on total compensation) would receive a 10% equity adjustment;
• Positions that are more than 10% behind the market median (based on total compensation) but less than 15% behind would receive a 5% equity adjustment; and • Positions that are at least 5% behind the market median (based on total compensation) but less than 10% behind would receive a 3% equity adjustment.

All equity adjustments are scheduled to be implemented during the pay period including July 1, 2023. In addition to these equity adjustments, the City and HAME also agreed to a total of 10% in cost-of-living adjustments during the contract term. In FY2022, HAME represented employees will receive a one percent (1%) salary adjustment, effective the pay period including December 2, 2021, which is the date on which the parties reached a tentative agreement. In FY2023, salaries will be adjusted by four percent (4%) effective the pay period including July 1, 2022, and in FY2024, salaries will be adjusted by five percent (5%) effective the pay period including July 1, 2023. This structure provides the City with a period of fiscal stability as it continues to navigate the impacts of the COVID-19 pandemic, while also providing employees with significant, competitive salary increases over the full contract term.

The proposed contract contemplates the City and HAME completing a total compensation survey in advance of the next round of contract negotiations. It is expected that the results of that survey will be used as a tool in future negotiations, but the parties did not agree to implement any equity adjustments related to that future study. Importantly, the proposed contract maintains existing employee contributions toward the employer’s share of retirement costs, medical benefits, dental and vision plans.

The parties also agreed to a handful of operational, administrative, and legal updates to the contract. Of note, the City agreed to (i) modify the way in which employees may request vacation cash outs and (ii) modifications to the health & wellness reimbursement, while maintaining the status quo cap on the cost of that benefit.

The tables below summarize the key proposed changes in the new memorandum of understanding.

Table 1: Key Proposed Changes

MOU Term Summary of
Changes
Effective Date

Salaries
FY 2022 – 1% COLA December 2, 2021
(date of tentative
agreement)
FY 2023 – 4% COLA July 1, 2022

MOU Term Summary of
Changes
Effective Date
FY 2024 – 5% COLA July 1, 2023
Lump Sum Payment $1,500 to each full time HAME-
represented employee (pro-rated
for part-time employees)
Effective following
Council adoption
Equity Adjustments • +15% behind market
median (total
compensation): 10%
salary increase
• +10% - 15% behind
market median (total
compensation): 5% salary
increase
• 5%-10% behind market
median (total
compensation): 3% salary
increase
July 1, 2023

Equity Study

Survey jurisdictions and
classifications for which City will
review special districts are
consistent with prior salary survey

Parties to meet and confer over
benchmark positions in early 2023

No guaranteed equity adjustments
during contract term tied to future
equity study

Begin bidding and
selection process by:

February 1, 2023 and
completed by December
1, 2023

Health and Wellness Maintain annual cap but allow
employees to seek reimbursement in
lump sums as opposed to monthly and
expand items covered under
reimbursement to include equipment,
consistent with policy during
pandemic
Effective following
Council adoption

FISCAL IMPACT

The total proposed changes will result in an estimated fiscal impact of $1,666,043 to the General Fund, and a net cost of approximately $1,124,212 across all other funds, over the

contract period when compared to projections in the City's budget model for the same three- year period (FY 2022-FY 2024).

STRATEGIC ROADMAP

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

NEXT STEPS

If adopted, Human Resources staff will finalize the agreement, the City Manager will execute the agreement, and the Finance Department will implement the above changes in coordination with Human Resources.

Prepared by: Kakshi Master, Acting Deputy Director of Human Resources

Recommended by: Jana Sangy, Director of Human Resources

Approved by:

________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
I
ntroduced by Council Member __________
R

ESOLUTION APPROVING THE SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HAYWARD AND

HAYWARD ASSOCIATION OF MANAGEMENT EMPLOYEES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
W
HEREAS, the current Memorandum of Understanding between the City of Hayward and Hayward Association of Management Employees (“HAME”) expire d on June 30, 2021; and
W
HEREAS, the City and HAME reached a tentative agr eement for a successor Memorandum of U nderstanding on December 2, 2021 which grants salary adjustments totaling 10% over the three- year contract term, equi ty adjustments based on an April 2021 equity stud y and more flexibility in the administration of th e he alth and wellness reimbursement program; and
WHEREAS, the parties agrees to conduct an equity study prior to negotiations for a successor contract in FY2024, with no guaranteed adjus tments tied to that fu ture equity study; and
WH
EREAS, the proposed contr act m aintains existing employee contributions toward the Employer’s share of retirement costs, medical benefits, dental and vision plans; and
WHEREAS, the proposed changes will result in an estimated fiscal impact of $1,666,043 to the General Fund , and a net c ost of approximately $ 1,124,212 across all funds, over the contract period when compared to projections in the City's budget model for the same three-year period (FY 2022-FY 2024).

N
OW, THEREFORE, BE IT RESOLVED by the City Counc il of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, a M emorandum of U nderstanding between the City and HAME for the period of December 2, 2021 through June 30, 2024, a copy of wh ich will be on file in the Office of the City Clerk.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-050
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT
Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Service Employees International Union, Local 1021 and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding between the City of Hayward and the Service Employees International Union, Local 1021 (SEIU) bargaining unit for the period of December 21, 2021 through June 30, 2024.

SUMMARY
The current Memorandum of Understanding (MOU) between the City of Hayward and SEIU expired on June 30, 2021. The attached resolution will allow staff to execute a successor agreement with SEIU for the term of December 21, 2021 through June 30, 2024. The new agreement will grant salary adjustments totaling ten percent (10%) over the three-year contract term, provide continuous service benefits to staff with twenty-five or more years of service with the City, increase the night shift differentials while also settling an outstanding grievance related thereto, improve the overtime meal allowance to align with other bargaining units, and a lump sum payment to all SEIU represented employees in the amount of $1,500. The new contract also includes operational, administrative, and legal language updates.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
powered by Legistar™

DATE: January 18, 2022
TO
: Mayor and City Council
FROM: Director of Human Resources
S
UBJECT: Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Service Employees International Union, Local 1021 and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding between the City of Hayward and the Service Employees International Union, Local 1021 (SEIU) bargaining unit for the period of December 21, 2021 through June 30, 2024.

S
UMMARY
The current Memorandum of Understanding (MOU) between the City of Hayward and SEIU expired on June 30, 2021. The attached resolution will allow staff to execute a successor agreement with SEIU for the term of December 21, 2021 through June 30, 2024. The new agreement will grant salary adjustments totaling ten percent (10%) over the three-year contract term, provide continuous service benefits to staff with twenty-five or more years of service with the City, increase the night shift differentials while also settling an outstanding grievance related thereto, improve the overtime meal allowance to align with other bargaining units, and a lump sum payment to all SEIU represented employees in the amount of $1,500. The new contract also includes operational, administrative, and legal language updates.

BACKGROUND AND DISCUSSION
During the term of its prior contract with SEIU, the City worked hard to achieve and maintain fiscal sustainability. Though the City continues to face the challenges of growing pension and retiree health liabilities, the City also recognized it would need to provide competitive salary increases as part of any successor contract in order to maintain its ability to recruit and retain employees. In order to do so, however, the City also sought to maintain its cost sharing structure for major employee benefits, including health and retirement, to help mitigate those growing costs. As detailed below, the City was able to achieve both of these goals in the proposed contract.

The City and SEIU agreed to a total of 10% in cost-of-living adjustments during the contract term. In FY2022, SEIU represented employees will receive a two percent (2%) salary adjustment, effective the pay period including December 15, 2021. In FY2023, salaries will be adjusted by three percent (3%) effective the pay period including July 1, 2022, and in FY2024, salaries will be adjusted by five percent (5%), effective the pay period including July 1, 2023. This structure provides the City with a period of fiscal stability as it continues to navigate the impacts of the COVID-19 pandemic, while also providing employees with significant, competitive salary increases over the full contract term.

The tentative agreement also includes the creation of a continuous service pay benefit for employees with twenty-five or more years of continuous service with the City, in recognition of the dedication and institutional knowledge of such long-term employees and to encourage staff to remain with the City. The parties have also negotiated modifications to night shift differentials that, importantly, fully settle an outstanding grievance related to payment of shift differentials while improving the benefit for staff and clarifying when employees are eligible for shift differentials, and which differential they are eligible for.

The proposed contract contemplates the City and SEIU completing a total compensation survey in advance of the next round of contract negotiations. It is expected that the results of that survey will be used as a tool in future negotiations, but the parties did not agree to implement any equity adjustments as part of this contract. Importantly, the proposed contract maintains existing employee contributions toward the employer’s share of retirement costs, medical benefits, dental and vision plans.

The parties also agreed to a handful of operational, administrative and legal updates to the contract. Of note, the City agreed to (i) tie the value of holiday pay to the length of mandated alternative work shifts for employees working twelve-hour shifts, (ii) allow employees whose vacation requests are denied in writing based on operational needs to cash out up to 80 hours of denied leave and (iii) modify the health & wellness benefit while maintaining the status quo cap on the cost of that benefit.

The tables below summarize the key proposed changes in the new memorandum of understanding:

Table 1: Key Proposed Changes

MOU Term Summary of
Changes
Effective Date

Salaries
FY 2022 – 2% COLA Pay Period including
December 15, 2021
FY 2023 – 3% COLA July 1, 2022
FY 2024 – 5% COLA July 1, 2023

MOU Term Summary of
Changes
Effective Date
Lump Sum Payment $1,500 to each full time SEIU-
represented employee (pro-rated
for part-time employees)
Effective following
Council adoption
Continuous Service
Pay

2.5% of base pay for employees
with 25+ continuous years of
service with the City plus an
additional 5% of base pay (for a
total of 7.5%) for employees with
30+ continuous years of service
with the City
Effective following
Council adoption
Night Shift Differential
• Increase swing shift
differential to $2 per hour
($0.40 increase)
• Increase graveyard shift
differential to $3 per hour
($1.00 increase)
• Modify language to clarify
when employees are
eligible for each
differential pay
Effective following
Council adoption
Meal Allowance
Increase to $15 per overtime meal
($5 increase) to align with other
bargaining units
Effective following
Council adoption

Equity Study

Survey jurisdictions and
classifications for which City will
review special districts are
consistent with prior salary survey

Parties to meet and confer over
benchmark positions in early 2023

No guaranteed equity adjustments
during contract term

Begin bidding and
selection process by:

January 1, 2023 and
completed by December
31, 2023

Holiday Pay Align holiday pay with mandated 12-
hour schedules
Effective following
Council adoption

MOU Term Summary of
Changes
Effective Date
Vacation Cash Out Allow employees whose vacation
requests are denied in writing for
operational reasons to cash out
denied leave, up to 80 hours per year
Effective following
Council adoption
Health and Wellness Maintain annual cap but allow
employees to seek reimbursement in
lump sums as opposed to monthly and
expand items covered under
reimbursement to include equipment,
consistent with policy during
pandemic
Effective following
Council adoption

FISCAL IMPACT

The total proposed changes will result in an estimated fiscal impact of $3,044,696 to the General Fund, and a net cost of approximately $2,590,941 across all other funds, over the contract period when compared to projections in the City's budget model for the same three- year period (FY 2022-FY 2024).

STRATEGIC ROADMAP

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

NEXT STEPS

If adopted, Human Resources staff will finalize the agreement, the City Manager will execute the agreement, and the Finance Department will implement the above changes in coordination with Human Resources.

Prepared by: Kakshi Master, Acting Deputy Director of Human Resources

Recommended by: Jana Sangy, Director of Human Resources

Approved:

_________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
I
ntroduced by Council Member __________
R

ESOLUTION APPROVING THE SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HAYWARD AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 A ND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
W
HEREAS, the current Memorandum of Understanding between the City of Hayward and t he Service Employees International Union, Local 1021 (“SEIU”) expired on June 30, 2021;
W
HEREAS, the City and SEIU reached a tentative agreement for a successor Memorandum of U nderstanding on December 2 1, 2021 which grants salary adjustments totaling 10% over the contract term, continuous service pay, increases to overtime meal allowance and night shift different ials, and more flex ibility in the administration of the health and wellness reimbursement program; and
WHEREAS, the parties agree to conduct an equity study prior to negotiations for a successor contract in FY2024, with no guaranteed adjus tments tied to th at future equity study; and
WH
EREAS, the proposed contract maintains existing employee contributions toward the Employer’s share of retirement costs, medical benefits, dental and vision plans; and
WHEREAS, the proposed changes will result in an estimated fisc al impact of $3,044,696 to the General Fund, and a net cost of approximately $ 2,590,941 across all funds, over the contract period when compared to projections in the City's budget model for the same three-year period (FY 2022-FY 2024).

NOW, T
HEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, a M emorandum of U nderstanding between the City and SEIU for the period o f December 21, 2021 through June 30, 20 24, a copy of which will be on file in the O ffice of the City Clerk.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-053
DATE: January 18, 2022
TO: Mayor and City Council
FROM: GHAD Manager
GHAD Attorney

SUBJECT
Adopt a Resolution Approving Annexation of the Hayward SoMi (Tracts 8502 and 8614) into the Hayward Geologic Hazard Abatement District

RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving the annexation of the Hayward SoMi development (Tracts 8502 and 8614) into the existing Hayward Geologic Hazard Abatement District (GHAD) as requested by the GHAD Manager.

SUMMARY
In approving the 189 residential-unit project referred to as Hayward SoMi Development (Tracts 8502 and 8614) (Hayward SoMi Development), the City of Hayward adopted Resolution 19-202, Infill Checklist Item No. 48 requiring the Hayward SoMi Development to be annexed into the existing Hayward GHAD. On November 16, 2021, with the approval of Resolution 21-03, the GHAD Board of Directors (GHAD Board) approved annexation of the Hayward SoMi Development into the Hayward GHAD. Public Resources Code Section 26581 states that a proposed annexation is subject to the approval of the legislative body that approved formation of the GHAD; therefore, the Council is requested to approve a resolution approving annexation of the Hayward SoMi Development into the Hayward GHAD.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Attachment 1 to Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
powered by Legistar™

DA
TE: January 18, 2022
T
O: Mayor and City Council
F
ROM: GHAD Manager
GHAD Attorney
SUBJECT: Adopt a Resolution Approving Annexation of the Hayward SoMi (Tracts 8502 and 8614) into the Hayward Geologic Hazard Abatement District R

ECOMMENDATION
That the Council adopts a resolution (Attachment II) approving the annexation of the Hayward SoMi development (Tracts 8502 and 8614) into the existing Hayward Geologic Hazard Abatement District (GHAD) as requested by the GHAD Manager.

S
UMMARY
In approving the 189 residential-unit project referred to as Hayward SoMi Development (Tracts 8502 and 8614) (Hayward SoMi Development), the City of Hayward adopted Resolution 19-202, Infill Checklist Item No. 48 requiring the Hayward SoMi Development to be annexed into the existing Hayward GHAD. On November 16, 2021, with the approval of Resolution 21-03, the GHAD Board of Directors (GHAD Board) approved annexation of the Hayward SoMi Development into the Hayward GHAD. Public Resources Code Section 26581 states that a proposed annexation is subject to the approval of the legislative body that approved formation of the GHAD; therefore, the Council is requested to approve a resolution approving annexation of the Hayward SoMi Development into the Hayward GHAD.

BACKGROUND AND DISCUSSION
On March 1, 2016, the Council adopted Resolution No. 16-030 approving the formation of the Hayward Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the GHAD Board of Directors.

C
urrently, The Reserve development (Tract 7620) and The Hideaway development (Tract 8439) are the only developments within the GHAD. As allowed by GHAD Law, the owner of property within the Hayward SoMi Development submitted a Petition for Annexation of Hayward SoMi Development into the Hayward GHAD. In approving the Hayward SoMi Development, the City of Hayward adopted Resolution 19-202, Infill Checklist Item No. 48

requiring that the Hayward SoMi Development be annexed into the existing Hayward GHAD prior to recordation of the final map for the Hayward SoMi Development. To satisfy this requirement, the current owner of the Hayward SoMi Development petitioned the Hayward GHAD Board of Directors for annexation into the existing Hayward GHAD. On November 16, 2021, with the approval of Resolution 21-03, the GHAD Board approved annexation of the Hayward SoMi Development into the Hayward GHAD.

A Plan of Control has been prepared in connection with the proposed annexation. The Plan of Control for the Hayward SoMi Development is separate from The Reserve (formerly La Vista) and The Hideaway (formerly Ersted Property) Plans of Control and describes the work contemplated for the Hayward SoMi Development, including maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm drain facilities, and concrete-lined drainage ditches. As adopted by the Hayward GHAD Board on November 16, 2021, with the approval of Resolution 21-03, the Hayward SoMi Development Plan of Control will address geologic hazards within Tracts 8502 and 8614.

If annexation is approved by the Council, the funding for the GHAD activities within the area proposed to be annexed to prevent, mitigate, abate, and control geologic hazards will be based on an assessment, and such funds will be collected and used in connection with the Hayward SoMi Development Plan of Control. The Engineer’s Report recommends a proposed assessment limit of $567.00 per each townhome residential unit and $454.00 per each condominium residential unit (Fiscal Year 2021/22 dollars). The proposed assessment is supported by an Engineer’s Report prepared by a registered professional engineer certified by the State of California, in accordance with Proposition 218. The annual assessment limit would be adjusted annually based on the San Francisco-Oakland- San Jose Consumer Price Index (CPI). The proposed assessment does not impact or change the existing assessments for The Reserve and The Hideaway landowners in the GHAD.

Public Resources Code section 26581 states that a proposed annexation is subject to the approval of the legislative body that approved formation of the GHAD. Given that the Council approved formation of the Hayward GHAD, Council approval is necessary for the proposed annexation. Therefore, the Council is requested to approve the attached resolution approving annexation of the Hayward SoMi Development into the Hayward GHAD.

FISCAL IMPACT

The Petitioner of the Petition for Annexation is responsible for funding all activities undertaken by the GHAD up and until the GHAD Improvements, as defined in the Plan of Control, are accepted by the GHAD. Thereafter, the GHAD is funded 100% through assessments levied on properties within the Hayward SoMi Development portion of the GHAD. Therefore, there is no impact on the City’s General Fund.

STRATEGIC ROADMAP

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

NEXT STEPS

If the resolution is approved, there are no additional steps for the Council related to annexation of the Hayward SoMi Development. The Hayward GHAD Board will conduct a Public Hearing to consider approval of the Engineer’s Report and issue a Notice of Intent to Order an Assessment for the Hayward SoMi Development.

Prepared and Recommended by: Eric Harrell, GHAD Manager Amara Morrison, GHAD Attorney

Approved by:

________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
R
ESOLUTION No. 22-
I
ntroduced by Council Member __________
R

ESOLUTION A PPROVING THE AN NEXATION OF TH E HAYWARD SOMI

DEVELOPMENT INTO TH E HAYWARD GEOLOGIC HAZARD ABATEMENT

DISTRICT
W
HEREAS, on M arch 1, 2016, t he Hayward City Council ap proved R esolution N o. 16-030 orderi ng t he formation of t he Hayward Ge ologic Haz ard Abat ement District (“GHAD”) and appointed itself serve as the GHAD Board of Directors (“Board”); and WHEREAS, on October 26, 2021, the GHAD Board was presented with and reviewed the Petition f or Annex ation of Hayward SoMi Development to the H ayward G HAD (“GHAD P etition”), whi ch i s attached here to as Att achment 1. The property proposed to be annex ed i nto t he G HAD i s d escribed in t he leg al descri ption and ide ntified in the boundary map set forth in Exhibits A and B to A ttachment 1; and W
HEREAS, on October 26, 2021 t he GHAD Board adopt ed Resolution No. 20 21-02 accepting the G HAD Petiti on f or t he proposed Hayward SoMi Development a nd set a heari ng for November 16, 2021 t o consider the proposed annex ation. Thi s hearing was noticed in accorda nce with Pu blic R esources Code secti on 26557, 26561, 26562, and 26563; and
WH
EREAS, on November 16, 2021, t he G HAD Board h eld a pub lic heari ng on t he proposed annexation. At t he time set f or t he he aring, t he G HAD Board w as pr esented with any and al l obj ections to t he annex ation made pursua nt to Pu blic R esources Code Section 26564. At t he hearing, owner(s) of more than 50 percent of the assessed valuation of the property to be annexed to the Hayward GHAD did not object to the annexation; and WH
EREAS, on November 16, 2021, t he G HAD Board cl osed t he he aring and, by Resolution 21-03, approved t he annex ation of t he pr oposed Hayward SoMi Development into the Hayward GHAD; and

ATTACHMENT II

WHEREAS, Public Resources Code section 26581 states that a proposed annexation is subject to approval of the legislative body that approved the formation of the GHAD.

The Board of Directors of the GHAD HEREBY RESOLVES THAT:

1. The Hayward City Council hereby approves the annexation of the proposed Hayward SoMi Development into the Hayward GHAD as described in the GHAD Petition and as ordered by the GHAD Board on November 16, 2021 with the approval of Resolution No. 2021-03 as required by Public Resources Code section 26581.

2. The recitals are incorporated herein by this reference.

3. This Resolution shall become effective immediately upon its passage and adoption.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

Attachment 1

Copyright © 2021 by ENGEO Incorporated. This document
may not be reproduced in whole or in part by any means
whatsoever, nor may it be quoted or excerpted without the express written consent of ENGEO Incorporated.
020866.0004\6429746.1

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD )

HAYWARD, CALIFORNIA

PLAN OF CONTROL
HAYWARD SOMI DEVELOPMENT, TRACTS 8502 and 8614

SUBMITTED TO
Hayward SoMi, LLC
12647 Alcosta Boulevard, Suite 470
San Ramon, CA 94583

PREPARED BY
ENGEO Incorporated

October 14, 2021

PROJECT NO.
17479.000.000

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

i of ii October 14, 2021

TABLE OF CONTENTS

1.0 AUTHORITY AND SCOPE .................................................................................. 1

1.1 PROPERTY IDENTIFICATION ................................ ................................ ....................... 1

2.0 BACKGROUND ................................................................................................... 2

2.1 HAYWARD SOMI DEVELOPMENT ................................ ................................ ................ 2

2.2 SUMMARY OF PROPOSED GHAD RESPONSIBILITIES WITHIN ANNEXATION AREA ................................ ................................ ................................ ............................. 2

3.0 SITE GEOLOGY .................................................................................................. 2

3.1 GEOLOGIC SETTING ................................ ................................ ................................ .... 2

3.1.1 Artificial Fill ................................ ................................ ................................ ........ 3

3.1.2 Landslide Deposits ................................ ................................ ............................. 3

3.1.3 Knoxville Formation................................ ................................ ............................ 3

3.2 GROUNDWATER................................ ................................ ................................ ........... 3

3.3 SEISMIC SOURCES ................................ ................................ ................................ ...... 3

4.0 GEOLOGIC HAZARDS ........................................................................................ 4

4.1 SLOPE INSTABILITY ................................ ................................ ................................ ..... 4

4.1.1 Fault Rupture ................................ ................................ ................................ ..... 5

4.1.2 Seismically Induced Ground Shaking ................................ ................................ . 5

4.1.3 Soil Expansion Potential ................................ ................................ ..................... 6

4.1.4 Existing Undocumented Fill ................................ ................................ ................ 6

5.0 CRITERIA FOR GHAD RESPONSIBILITY .......................................................... 6

5.1 ISOLATED OR REMOTE FEATURE REQUIRING MITIGATION ................................ .... 6

5.2 SINGLE PROPERTY ................................ ................................ ................................ ...... 6

5.3 GEOLOGIC HAZARDS RESULTING FROM NEGLIGENCE OF PROPERTY OWNER ................................ ................................ ................................ ......................... 7

5.4 PROPERTY NOT ACCEPTED ................................ ................................ ....................... 7

5.5 GEOLOGIC HAZARD WHICH REQUIRES EXPENDITURE IN AMOUNT

EXCEEDING THE VALUE OF THE THREATENED OR DAMAGED
IMPROVEMENT ................................ ................................ ................................ ............. 7

5.6 GHAD FUNDING OR REIMBURSEMENT FOR DAMAGED OR DESTROYED STRUCTURES OR SITE IMPROVEMENTS ................................ ................................ ... 7

5.7 NO REIMBURSEMENT OF EXPENSES INCURRED BY PROPERTY OWNERS ........... 8

5.8 RECONSIDERATION AND APPEAL POLICY ................................ ................................ 8

6.0 ACCEPTANCE ..................................................................................................... 8

6.1 ACTIVATION OF ASSESSMENT ................................ ................................ ................... 8

6.2 RESPONSIBILITY FOR GHAD ACTIVITIES ................................ ................................ ... 8

6.3 OWNERSHIP OF THE OPEN SPACE ................................ ................................ ............ 9

6.4 PROCESS FOR TRANSFERRING RESPONSIBILITY FOR GHAD ACTIVITIES ............ 9

7.0 HAYWARD GHAD MONITORING, MAINTENANCE AND REPAIR
RESPONSIBILITIES .......................................................................................... 10

7.1 GEOTECHNICAL TECHNIQUES FOR MITIGATION OF LANDSLIDE AND EROSION HAZARDS ................................ ................................ ................................ ... 10 Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

TABLE OF CONTENTS (Continued)

020866.0004\6429746.1

ii of ii October 14, 2021

8.0 PRIORITY OF GHAD EXPENDITURES ............................................................ 11

9.0 MAINTENANCE AND MONITORING SCHEDULE ........................................... 11

10.0 OWNERSHIP AND MANAGEMENT .................................................................. 13

11.0 RIGHT-OF-ACCESS .......................................................................................... 14

12.0 GLOSSARY ....................................................................................................... 15

SELECTED REFERENCES
APPENDIX A: FIGURE 1
APPENDIX B: EXHIBIT A – Legal Description Geologic Hazard Abatement District, Hayward SoMi Development – Tract 8502 and Tract 8614
EXHIBIT B – Plat to Accompany Legal Description
APPENDIX C: Site Plans and Geologic Maps
APPENDIX D: Declaration of Disclosures, Right of Entry and Restrictive Covenants Regarding Hayward Geologic Hazard Abatement District
APPENDIX E: Sample Transfer Application Form

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 1 October 14, 2021

1.0 AUTHORITY AND SCOPE

As approved under Hayward City Council Resolution 19 -202, Infill Checklist Item No. 48 for the Hayward SoMi Development, Tract 8502, which includes Tract 8614, the City of Hayward has required that Tract 8502 be annexed into the existing Hayward Geologic Hazard Abatement District ("Hayward GHAD " or "GHAD "). To satisfy this requirement , the current owner of Tract 8502 has petitioned the Hayward GHAD Board of Directors for annexation into the Hayward GHAD

State law allows GHADs to be formed to undertake emergency actions necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard (Pub. Res. Code § 26500, “GHAD Law”). GHAD Law gives local agencies the authority to form districts that c an speedily address “an actual or threatened landslide, land subsidence, soil erosion, earthquake, or any other natural or unnatural movement of land or earth.” (Pub. Res. Code § 26507). Consistent with GHAD Law, on March 1, 2016, the Hayward City Council adopted Resolution No. 16 -030 approving and forming the Hayward GHAD and thereby putting into place a mechanism to respond to emergencies in preventing and/or responding to geologic hazards. The Hayward City Council members serve as the Board of Directors of the Hayward GHAD. The Reserve, formerly known as La Vista, and The Hideaway, formerly known as the Ersted development, are also included within the Hayward GHAD; however, each development has its own Plan of Control.

GHAD "improvements" (as defined in GHAD Law) and all GHAD activities undertaken in furtherance of, or in connection therewith, are deemed to be specific actions necessary to prevent or mitigate an emergency within Public Resource s Code Section 21080(b)(4) (see Pub. Res.

Code Sections 26601 and 26505 ). Consistent therewith, all GHAD Ac tivities (as defined in Section 7 below) are exempt from review under the California Environmental Quality Act and are not subject to local permitting requirements.

Section 26509 of the Public Resources Code requires a Plan of Control, prepared by a State-Certified Engineering Geologist, as a prerequisite to formation of a GHA D or annexation into an existing GHAD . Pursuant to Section 26509, this Plan of Control was prepared by an Engineering Geologist certified pursuant to Section 7822 of the Business and Professions Code and describes, in detail, the geologic hazards, their lo cation, and the area affected by them. It also provides a plan for the prevention, mitigation, abatement, or control thereof.

As used in this Plan of Control, and as provided in Section 26507, “geologic hazard” means an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth.

1.1 PROPERTY IDENTIFICATION

The land to be annexed into the Hayward GHAD (“Annexation Area”) is shown on the GHAD Boundary Plat (Appendix B, Exhibit B). The Annexation Area includes all areas within Tracts 8502 and 8614. The legal description of the Annexation Area is included in Appendix B , Exhibit A.

Current Assessor’s Parcel Numbers (APN ) within the Annexation Area include 078C-0461-10, 078C-0461-11, 078C-0461-12, 078C-0461-13, 078C-0461-001-14, and 078C-0455-001-04.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 2 October 14, 2021

2.0 BACKGROUND

2.1 HAYWARD SOMI DEVELOPMENT

The Annexation Area includes 23 multi-family buildings with 189 condominium and townhome units, and approximately 10,000 square feet of commercial space. Additional improvements and parcels include private streets, common area parcels, a dog park, parcels proposed to be deeded to the GHAD, landscape parcels, and three bioretention basins. The Annexation Area covers an approximate 12.2 acres. Site access to the Annexation Area will be via Tennyson Road along the northern portion of the Annexation Area and via Mission Boulevard along the southern portion of the Annexation Area.

Parcel designations used in this Plan of Control are those list ed on the Hayward SoMi DRE Phasing Plan for Tracts 8502 and 8614 dated July 2021 (Reference 1). As described in this Plan of Control, the Hayward GHAD will have responsibilities throughout the entire Annexation Area including the parcels proposed to be deeded to the GHAD which are Parcel B (8502) and Parcels C and E in Tract 8614 (“GHAD-owned Parcels”) as described in Section 2.2.

2.2 SUMMARY OF PROPOSED GHAD RESPONSIBILITIES WITHIN ANNEXATION AREA

The GHAD is expected to assume maintenance responsibilitie s for all properties within the Annexation Area as discussed in Section 7.0 and Table 10.0 . In addit ion, the Developer is proposing that the GHAD take ownership of Par cels B, C, and E that are within the Annexation Area as shown in Appendix A, Figure 1. If the GHAD takes ownership of a parcel of land, it would also assume ownership and all maintenance responsibilities as a property owner.

The GHAD is charged with responsibilities that relate to the prevention, mitigation, abatement, or control of geologic hazards, which includes the maintenance of drainage facilities and associated improvements. This will include the monitoring and maintenance of drainage facilities that, if subject to improper care, could result in decreased slope stability, a primary concern of the GHAD.

The drainage facilities include concrete-lined drainage ditches and storm drain improvements on GHAD-owned Parcels.

The GHAD will mitigate or abate landslide or erosion hazards that could directly affect improved, developed, and acc epted prop erties (as defined in Section 6 ) within the Annexation Area in accordance with Section 5 . The GHAD will also perform maintenance of water control and conveyance facilities and assume other peripherally related responsibilities, such as vegetation management for fire suppression, trail maintenance, and selected other maintenance activities associated with the GHAD-owned Parcels. Additionally, the GHAD shall have the right to approve any construction, maintenance, or repair in the GHAD-owned Parcels that the GHAD determines has the potential to impact geologic stability.

3.0 SITE GEOLOGY

3.1 GEOLOGIC SETTING

The Annexation Area is located within the Bay Plains, west of the Front Hills in the Coast Ranges in central California, a series of northwest -trending ridges and valleys. Bedrock in the province Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 3 October 14, 2021

has been folded and faulted dur ing regional uplift beginning around the Pliocene-Pleistocene period, roughly 3 to 5 million years before present. Geologic map s of the area prepared by Graymer and others (1995) indicate the Hayward SoMi Development is underlain by a combination of undifferentiated Quaternary deposits and Knoxville Formation bedrock in contact with the off-site Franciscan Complex (Earth Systems, 2017 and 2018).

3.1.1 Artificial Fill

Areas of pre -existing fill have been mapped along the nort hwestern portion of the Annexation Area (Earth System , 2017 and 2018). As recommended in the geotechnical engineering investigation report, soil within areas where development is proposed will be properly prepared during site grading.

3.1.2 Landslide Deposits

Dormant landslide deposits within the hillside portions of the Annexation Area were identified by Earth Systems during the referenced geotechnical investigation (Earth Systems, 2017, 2018, and 2020). The landslides are located in the area of proposed building footprints along the northern and eastern portions of the Annexation Area (Figure 1).

3.1.3 Knoxville Formation

As shown on cross sections prepared by Earth Systems (2020), the Annexation Area is reportedly underlain by interbedded brown to black shale and brown to greenish-gray greywacke sandstone identified as Knoxville formation. Exposures of the Knoxville formation are reported to be generally weak to moderately strong, highly fractured to crushed, and thinly bedded (Earth Systems, 2017 and 2018).

3.2 GROUNDWATER

Groundwater or evidence of groundwater was not encountered in exploration borings performed by Earth Systems (2017 and 2018). California Geological Survey (2003) and California Department of Water Resour ces (2015) report groundwater levels approximately 20 to 27 feet below ground surface at the Annexation Area, respectively. It should be noted that fluctuations in groundwater levels occur seasonally and over a period of years because of variations in precipitation, temperature, irrigation, and other factors.

3.3 SEISMIC SOURCES

An earthquake of moderate to high magnitude generated within the San Francisco Bay Region, similar to those that have occurred in the past, could cause considerable ground shaking at the Annexation Area. The Hayward Fault (approximately 0.2 mile to the east) is considered capable of generating an earthquake with a maximum moment magnitude of 7.33. Other seismic sources near the Annexation Area include the Calaveras Fault (approximately 7.7 miles to the east) and the San Andreas Fault (approximately 29.9 miles to the west). The Calaveras Fault is considered capable of generating an earthquake with a maximum moment magnitude of 7.0, and the San Andreas Fault is considered capable of generating an earthquake with a maximum moment magnitude of 8.05 (Earth Systems, 2017 and 2018).

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 4 October 14, 2021

4.0 GEOLOGIC HAZARDS

The following geologic hazards were identified for the Annexation Area in the referenced geotechnical investigation and are expected to remain to some extent after site grading has been completed.

 Slope instability
 Fault rupture
 Seismically induced ground shaking
 Soil expansion potential
 Existing undocumented fill

4.1 SLOPE INSTABILITY

Earth stability is the GHAD’s prim ary geotechnical concern within the Annexation Area. This is not unique to this Annexation Area, but is of importance for hillside projects in the San Francisco Bay Area. This section describes several types of slope instability that are within the GHAD’s responsibility, subject to the provisions of Sections 6 and 7.

In the referenced geotechnical investigation, the Annexation Area lies at the toe of dormant landslides. As recommended in the geotechnical investigation report, the lands lide material should be removed and graded under s table static conditions as part of the corrective grading work.

Landslides are a common geologic phenomenon and are part of the process of mass wasting.

Weathered or fractured bedrock and soil are transported downslope over geologic time as a result of gravitational and hydrostatic forces. A landslide is a deposit of soil and/or bedrock moving downward from its original position under the influence of gravity. Landslides include a variety of morphologies and are further defined by type of materials, wetness, and mode of movement. They can consist of mass movements of earth materials that are primarily intact and occur along discrete shear surfaces. These surfaces (shear or slip planes) can be rotational (conchoidal or concave), such as for earth slumps, or planar, as for translational earth slide or bedrock block slides. Most landslides are truly “complex landslides,” sliding, falling, and flowing with more than one type of movement and/or material.

Falls are an abrupt free-fall of earth materials off cliffs, steep cuts, or steep stream banks , while earthflows are mass movements of earth materials in which the type of movement is one of flowing. When composed of soil finer than gravel size, the flowing material is commonly called a mudflow. A debris flow/de bris avalanche is composed of natural earth materials, artificial fill, and/or organic debris, which flow downslope with speed. Most of the material is transported away from the area of initial ground failure.

Slope failures are also often triggered by in creased pore water pressure due to the infiltration of rainwater. The resulting decrease of shear resistance (internal resistance to deformation by shearing) can cause the slope to move. The level of groundwater table varies with the amount of rainfall for the area. If rainfall is higher than average during the winter season, the water table will become higher than average on a hillslope and groundwater pressures may become sufficiently high to initiate slope movement.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 5 October 14, 2021

Landslides located within Open Space areas are natural landforms that do not require mitigation except where they affect man -made improvements. Debris catchment areas are the principal mitigation method used within the GHAD for areas between potentially unstable slopes and improvements. The debris catchment structures include debris benches, debris berms, and runout areas. GHAD maintenance of the areas will be critical to maintain adequate protection for the Site Improvements (as defined in Section 11.0). Maintenance and monitoring of these ar eas is described in Section 9. Potential mitigation and repair measures for areas within the GHAD near development are discussed in Section 7.

Soil creep is the slow, often imperceptible, deformation of slope materials under low stress levels, which normally affects the shallow portion of the slopes, but can be deep seated where a weak zone of soil or bedrock exists. It results from gravitational and seepage forces, and may be indicative of conditions favorable for landsliding. Creep can be caused by wetti ng and drying of clay, by solution and crystallization of salts, by the growth of roots, by burrowing animals and by downslope movement of saturated ground. Colluvium refers to the mantle of loose soil and weathered bedrock debris that progresses down hillsides by creep.

The GHAD will also monitor erosion and sedimentation in Open Space or affecting developed lots or improvements. Erosion is defined as the process by which earth materials are loosened and removed by running water on the ground surface or i n the subsurface. Sedimentation is the depositing or settling of soil or rock particles from a state of suspension in a liquid.

Hilly terrain Open Space, either in a natural condition or particularly on excavated slopes, can be subject to erosion. Landslide deposits , which are sometimes in a loosened condition , are particularly prone to erosion. Earth-flow-, debris-flow- and mud-flow-type landslides typically have an area of deposition or accumulation (sedimentation area) at their base. Graded slopes in the GHAD, particularly those in excess of 20 feet in vertical height or those not sufficiently vegetated, can be subject to erosion and therefore a source of transported sediment.

4.1.1 Fault Rupture

Earth Systems (2017) map ped a possible fault trace in the nort heastern portion of the GHAD Annexation Area (Figure 1). Although Earth Systems did not identify strong evidence suggestive of active faulting and suggested the identified feature may represent the toe of an ancient landslide deposit, they elected to maint ain a 25-foot-wide structural setback. As identified in the geotechnical investigation ( Earth Systems, 2017 and 2018), with the designated setbacks, the potential for ground rupture within the development area is low.

4.1.2 Seismically Induced Ground Shaking

As identified in the geotechnical investigation reports, an earthquake of moderate to high magnitude generated within the San Francisco Bay Region could cause considerable ground shaking at the Hayward SoMi Development, similar to that which has occurred in the past. To mitigate the shaking effects, all structures should be designed using sound engineering judgment and the latest building code requirements, as a minimum.

Seismic slope stability analysis was incorporated for use in the corrective grading pla ns for the graded portions of the Annexation Area ; however, seismically generated slope failures could occur in Open Space areas outside of the development limits.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 6 October 14, 2021

4.1.3 Soil Expansion Potential

Fine-grained near-surface soil at the site could exhibit a moderate to high potential for expansion.

This potentially expansive soil could impact the planned site development. Expansive soil shrinks and swell s as a result of moisture changes. This can caus e heaving and cracking of slabs-on-grade, pavements, and structu res founded on shallow foundations. The potential for expansive soil has been identified in the geotechnical report s for the Annexation Area . As identified by Earth Systems (2021) recommended mitigation may include one or the following methods.

 Increase depth of footings
 Pre-expand clay
 Add a layer of non-expansive fill
 Keep soil moist until covered
 Manage surface water runoff and irrigation water

Shrinking and swelling of expansive soil on slopes are a portion of the mechanism of creep movement, which can result in shallow slope instability. As recommended, engineering measures will be used when mitigating the effects of expansive near -surface soil (Earth Systems, 2021).

Within the Open Space area, slope instability caused by expansive soil creep will be addressed by the GHAD subject to the exceptions in Section 5.0.

4.1.4 Existing Undocumented Fill

As identified in the referenced geotechnical investigation reports, undocumented fill exists from past exploratory excavations and from past on -site grading activi ties. As recommended, undocumented fill materials in the northwestern area and within the development area are proposed to be removed during corrective grading (Earth Systems, 2021).

5.0 CRITERIA FOR GHAD RESPONSIBILITY

In establishing the assessment levels and budgets for the Annexation Area, it is important to clearly define the limits of the GHAD’s responsibilities. The GHAD will accept responsibility for property as described in Section 6 of this Plan of Control; however, the intent of this Plan of Control is not to extend the GHAD’s responsibilities to every potential situation of instability; rather, the following are exclusions from GHAD responsibility.

5.1 ISOLATED OR REMOTE FEATURE REQUIRING MITIGATION

The GHAD shall not have responsibility to monitor, abate, mitigate, or control slope instability that does not involve damage to or pose a significant threat to damage Site Improvements. As used herein, the term “Site Improvements” means buildings, public and private roads, sidewalks, utilities, improved trails, swimming pools, tennis courts, gazebos, cabanas, geologic stabilization features, or similar improvements.

5.2 SINGLE PROPERTY

The GHAD will not prevent, mitigate, abate, or control geologic hazards which are limited in area to a single parcel of pro perty unless the geologic hazard has damaged, or poses a significant Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 7 October 14, 2021

threat of damage to Site Improvements located on other property within the GHAD Annexation Area. This exclusion does not apply to geologic hazards existing on (i) Open Space property owned by any homeowner’s associations or (ii) the GHAD-owned parcels.

5.3 GEOLOGIC HAZARDS RESULTING FROM NEGLIGENCE OF PROPERTY OWNER

The GHAD may, in the GHAD Manager’s sole discretion, decline to prevent, mitigate, abate or control geologic hazards which occu rred or resulted from any negligence of the homeowner and/or the homeowner’s contractors, agents or employees in developing, investigating, grading, constructing, maintaining or performing or not performing any post -development work on the subject property as long as the geologic hazard is limited to a single lot, pursuant to the single-property exclusion noted above. If the GHAD bears expense as the result of negligence described in this section, the GHAD may pursue reimbursement from the negligent parties.

5.4 PROPERTY NOT ACCEPTED

The GHAD shall not have responsibility to repair damage, which is situated on a parcel of real property, which the GHAD has not accept ed in accordance with Section 6 below. The GHAD, however, may monitor, abate, mitigate or control geologic or hydrogeologic hazards on a parcel of real property which the GHAD has not accept ed in accordance with Section 6 and is not excluded from GHAD responsibility by Sections 5.1, 5.2, and 5.3, provided, however, that GHAD responsibility on such parcel shall be limited to the extent necessary to address damage to, or a significant threat of damage to Site Improvements which are within a parcel of real property which the GHAD has accepted in accordance with Section 6. Should the GHAD be required to respond to a geologic hazard outside the Annexation Area, the GHAD may take such actions as may be appropriate to recover costs incurred as a result of preventing, mitigating, abating , or controlling such geologic hazard from the responsible party, if any.

5.5 GEOLOGIC HAZARD WHICH REQUIRES EXPENDITURE IN AMOUNT

EXCEEDING THE VALUE OF THE THREATENED OR DAMAGED

IMPROVEMENT

The GHAD may elect not to prevent, mitigate, abate, or control a geologic hazard where, in the GHAD Manager's sole discretion, the anticipated expenditure required to be funded by the GHAD to prevent, mitigate, abate or control the geologic hazard will exceed the value of the structure(s) and Site Improvement(s) threatened with damage or loss.

5.6 GHAD FUNDING OR REIMBURSEMENT FOR DAMAGED OR DESTROYED

STRUCTURES OR SITE IMPROVEMENTS

In the event a residence or any other structure, Site Improvement, or landscaping is damaged or destroyed due to, or as a result of, a geologic hazard, the GHAD may fund or reimburse the property owner for the expense s necessary to repair or replace the damaged or destroyed structure, Site Improvement, or landscaping. Unless authorized by the Board of Directors, the dollar amount of the GHAD funding or reimbursement may not exceed ten percent (10%) of the costs incurred by the GHAD in preventing, mitigating, abating, or controlling the geologic hazard Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 8 October 14, 2021

responsible for the damage1. In the event the geologic hazard damaged or destroyed a structure, Site Improvement, or landscaping which violated any provisions of the City Building Code or City Ordinance Code at the time of its installation or improvement, the GHAD may decline to provide any funding, or reimbursement to the property owner, for repair or replacement of the damaged structure, Site Improvement or landscaping.

5.7 NO REIMBURSEMENT OF EXPENSES INCURRED BY PROPERTY OWNERS

The GHAD will not be obligated to reimburse a property owner for expenses incurred for the prevention, mitigation, abatement, or control of a geologic hazard absent a written agreement between the property owner and the GHAD to that effect, which agreement has been executed prior to the property owner incurring said expenses, and following an investigation conducted by the GHAD.

5.8 RECONSIDERATION AND APPEAL POLICY

If a property owner directly affected by an operational action as set forth in this Plan of Control does not agree with the decision of the G HAD Manager, the property owner may request reconsideration of that decision ("G HAD Manager Decision"). The property owner shall, within thirty (30) days from the date of a written GHAD Manager Decision, file with the GHAD Manager the grounds for reconsideration, and the requested relief, including the owner’s special interest and injury. Within fifteen (15) days of receipt of the property owner’s written request for reconsideration, the GHAD Manager shall issue a written decision on the request based on the evidence presented (" GHAD Manager Reconsideration Decision"). The property owner may appeal the General Manager Reconsideration Decision to the GHAD Board of Directors. This appeal must be filed with the GHAD Manager within fifteen (15) days from the date of the GHAD Manager Reconsideration Decision. The appeal must include the grounds for the appeal and the property owner’s requested relief . The GHAD Board will make the final decision on the appeal.

The GHAD Manager will proceed based on the decision of the GHAD Board of Directors.

6.0 ACCEPTANCE

6.1 ACTIVATION OF ASSESSMENT

An annual assessment should be promptly authorized on all residential pa rcels and habitable nonresidential space within the Annexation Area as shown on Appendix B, Exhibit B which will generate funding for the GHAD Activities. The assessment shall be levied by the GHAD on each individual parcel beginning the first fiscal year following issuance of a building permit for that parcel.

6.2 RESPONSIBILITY FOR GHAD ACTIVITIES

Hayward SoMi, LLC currently owns all the parcels shown on the Vesting Tentative Subdivision Map and shall have the responsibility to perform all the activities of the GHAD on the property within Annexation Area. Such responsibility shall be eligible for transfer to the GHAD at 9:00 a.m.

1 For example, if a landslide causes $10,000 in structural damage to each one of four neighboring homes for a total of $40,000 in structural damage and it costs the GHAD $100,000 to design and install a new retaining wall to abate the slide, the District may only reimburse each property owner $2,500 of their $10,000 in structural damage.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 9 October 14, 2021

on the day exactly three years after the first residential building permit is issued by the City of Hayward (“Transfer Eligibility Date”). The period between the levying of the GHAD assessment and the GHAD accepting maintenance responsibility of the GHAD Activities as defined in Section 7 below will allow the GHAD to accumulate reserve funds without incurring significant expenses.

6.3 OWNERSHIP OF THE OPEN SPACE

Ownership of Parcel “B” in Tract 8502 and Parcels “C” and “E” in Tract 8614 shown on Appendix B - Exhibit B are proposed to be conveyed by the Developer to the GHAD at the end of the transfer process described in Section 6.4, wh ich shall be the date the GHAD becomes responsible for oversight of the actual physical maintenance of the Annexation Area as provided in this Section. The Developer shall prepare and record a grant deed transferring unencumbered fee title to the GHAD for these parcels. The grant deed(s) must first be reviewed and approved by the GHAD Manager and GHAD Attorney.

6.4 PROCESS FOR TRANSFERRING RESPONSIBILITY FOR GHAD ACTIVITIES

After the Transfer Eligibility Date for the Annexation Area , the process for transfe rring responsibility for performing GHAD Activities on such Parcel(s) shall be as follows.

1. Up to one year in advance of the Transfer Eligibility Date or in any subsequent year, at its discretion, the Developer may apply to the GHAD ("Transfer Application" ) to transfer the responsibility for performing GHAD Activities (as such term is defined in Section 7.0 herein below) for such Parcel(s) to the GHAD.

2. Within 30 days of receiving such Transfer Application, the GHAD Manager shall verify that all the facilities for which the GHAD will have maintenance responsibility have been approved, constructed, and maintained according to the City of Hayward approved plans and specifications for the individual improvements, and that such improvements are operational and in good working order.

3. Within 15 days of such inspection, the GHAD will send the Developer a list ("Punch list") of all of the items that need to be constructed, repaired , or otherwise modified in order to comply with the city-approved plans and specifications.

4. The Developer shall notify the GHAD Manager when it has completed the items identified on the Punch list. Within 30 days of receipt of such notice, the GHAD Manager shall verify that all Punch list items have been completed and notify the Developer that the GHAD accepts responsibility for performing all future GHAD activities on such Parcel(s).

5. The GHAD Manager shall confirm that the reserve requirement defined in the Engineer’s Report approved by the GHAD Board has been met. The Engineer’s Report is the document that establishes the individual property owners’ GHAD assessment limit based on the projected expenses (budget) of the GHAD.

6. Prior to the GHAD accepting any responsibility for GHAD Activities, the Developer shall record a Declaration of Restric tive Covenants, Right of Entry and Disclosures Regarding Geologic Hazard Abatement District (“Declaration”) as approved by the GHAD Manager and GHAD Attorney and as discussed in Section 12.

7. Any monies owed to the GHAD by the Developer have been paid.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 10 October 14, 2021

As part of the transfer, the Developer of the Annexation Area to be transferred will provide the GHAD, for its use, copies of the applicable geotechnical exploration reports, as-built grading plans, as-built corrective grading plans, as-built improvement plans, as-built subdrain plans, or other pertinent documents as requested by the GHAD.

The GHAD is not responsible for maintaining parcels within the Annexation Area or any GHAD Activities as defined in Section 7.0 until it accepts such responsibilities pursua nt to this section.

Hayward SoMi, LLC will remain responsible for all GHAD activities until the GHAD accepts responsibility pursuant to this section.

7.0 HAYWARD GHAD MONITORING, MAINTENANCE AND REPAIR

RESPONSIBILITIES

Several entities shall have ownership a nd maintenance duties of common space within the Annexation Area. The GHAD will assume monitoring and maintenance responsibilities for the site facilities and activities (“GHAD Activities”) noted below and as described in Table 10.0.

 The GHAD is responsibl e for general monitoring, maintenance, and repair of the concrete-lined drainage ditches, subdrain outlets, and risers within the Annexation Area.  Monitoring and maintenance of measurement devices, such as piezometers, inclinometers, and tiltmeters, if any within the Annexation Area.
 Maintenance of existing property line/boundary fencing on Parcel “B” in Tract 8502 and Parcels “C” and “E” in Tract 8614.
 Debris benches and or catchment structures within the Annexation Area.  Storm drain inlets, outfalls, and pipelines within Parcel “B” in Tract 8502 and Parcels “C” and “E” in Tract 8614.
 Slopes within the Annexation Area.
 Vegetation control for fire suppression on Parcel “B” in Tract 8502 and Parcels “C” and “E” in Tract 8614.

7.1 GEOTECHNICAL TECHNIQUES FOR MITIGATION OF LANDSLIDE AND

EROSION HAZARDS

The techniques that may be employed by the GHAD to prevent, mitigate, abate, or control geologic hazards include, but are not limited to, the following.

 Removal of the unstable earth mass.
 Stabilization (either par tial or total) of the landslide by removal and replacement with compacted, drained fill.
 Construction of structures to retain or divert landslide material or sediment.  Construction of erosion control devices such as gabions, riprap, geotextiles, or lined ditches.  Placement of drained engineered buttress fill.
 Placement of subsurface drainage devices (e.g. underdrains or horizontal drilled drains).

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 11 October 14, 2021

 Slope correction (e.g. gradient change, biotechnical stabilization, slope trimming or contouring).
 Construction of additional surface ditches and/or detention basins, silt fences, sediment traps, or backfill or erosion channels.

Potential landslide and erosion hazards can often best be mitigated by controlling soil saturation and water runoff and by maintaining the surface and subsurface drainage system.

8.0 PRIORITY OF GHAD EXPENDITURES

Emergency response and scheduled repair expenditures by the GHAD are to be prioritized by the GHAD Manager, utilizing his or her discretion, based upon available funds and the approv ed operating budget. When available funds are not sufficient to undertake all of the identified remedial and preventive stabilization measures, the expenditures are to be prioritized as follows in descending order of priority.

(A) Prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to residences, critical underground utilities , or paved streets.
(B) Prevention, mitigation, abatement or control of geologic hazards which have either damaged or pose a significant threat of damage to ancillary structures, including but not limited to water quality facilities, pools, cabanas or restroom buildings. (C) Prevention, mitigation, abatement or control of geologic hazards, which have either damaged or pose a significant threat of damage to Open Space amenities. (D) Prevention, mitigation, abatement or control of geologic hazards which have either damaged or pose a significant threat of damage limited to loss of l andscaping or other similar non-essential amenities.
(E) Prevention, mitigation, abatement or control of geologic ha zards existing entirely on Open-Space property and which have neither damaged nor pose a significant threat of damage to any Site Improvements.

In performing its duties as described above, the GHAD may seek funding or reimbursements from public and private entities including, but not limited to, FEMA, City and County agencies, insurance companies, etc.

9.0 MAINTENANCE AND MONITORING SCHEDULE

Geologic features and GHAD-maintained improvements defined in Section 7.0 shall be inspected by GHAD staff or GHAD-assigned consultants as presented below. The site inspections shall be undertaken at appropriate intervals as determined by the GHAD Manager using supporting documents prepared for the Annexation Area and the Site I mprovements. The GHAD budget should provide for three or more inspections in years of heavy rainfall. Generally, the inspections should take place in October, prior to the first significant rainfall; mid -winter as necessary during heavy rainfall years; and in early April at the end of the rainy season. The frequency of the inspections should increase, depending upon the intensity and recurrence of rainfall.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 12 October 14, 2021

The Developer shall provide to the GHAD copies of geologic or geotechnical exploration reports related to site development and the GHAD shall retain these reports in the records of the GHAD.

In addition, copies of any earthwork -related testing and observation reports that will be finalized at the completion of grading, when as-built drawings are available, shall be provided to the GHAD by the Developer and maintained as part of the GHAD records.

Following are guidelines for a monitoring plan. The actual timing, scope, frequency and other details regarding such maintenance, inspection, and similar activities shall be at the discretion of the GHAD Manager.

 A State-licensed Professional Engineer and/or Professional Geologist should carry out a geologic reconnaissance of the slopes for indications of erosion or slope failures.  A State -licensed Professional Engineer and/or Professional Geologist should carry out an inspection of lined surface ditches. Repairs and maintenance, as needed, should be undertaken including removal of excess silt or sediment in ditches and pat ching or replacement of cracked or broken ditches, prior to the beginning of the next rainy season.  Subsurface drain outlets and horizontal drilled drain outlets, if any, should be checked. Water flowing from these outlets should be measured and recorded during each inspection.  Piezometers to measure groundwater levels, or instruments such as inclinometers or tiltmeters measuring potential slope instability should be monitored as recommended, if installed.
 Settlement monitoring devices, if any, should be me asured periodically and tracked. In the event of anomalous readings or excessive settlement, the monitoring frequency should be increased.
 Bioretention basins shall be monitored and well maintained. The GHAD will maintain the bioretention basins in accorda nce with an approved Operation and Maintenance Plan if developed.
 Inlets, outfalls, or trash racks, if used, must be kept free of debris and spillways maintained.

Additionally, water detention facilities and water quality facilities should be inspected an d maintained. It is anticipated that initially , at least once every 2 years, cleanup of vegetation and removal of silt would be in order.
 Developer-constructed retaining walls should be inspected for evidence of distress, such as tilting and/or structural failure. Repairs and maintenance would be undertaken only in the event that the structural integrity of the wall has been compromised or if the wall distress poses a threat to the integrity of adjacent structures.  An annual inspection shall be made by a State-licensed Professional Engineer and/or Certified Engineering Geologist to assess the effectiveness of the preventive maintenance program and to make recommendations as to which landslide or erosion measures should be undertaken in the next fiscal year. Any appropriate site-specific study of landslide or erosion conditions shall be determined at that time. Consultants, if necessary, will be retained to undertake the needed studies. An annual inspection report to the GHAD shall be prepared by the Professional Engineer and/or Certified Engineering Geologist.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 13 October 14, 2021

10.0 OWNERSHIP AND MANAGEMENT

Ownership, funding sources and maintenance responsibilities shall be as shown on the following table. Parcel designations are derived from the final map (Reference 6).

TABLE 10.0: HAYWARD SOMI DEVELOPMENT
Long-Term Ownership and Management Matrix

FACILITY/FUNCTION

ROUTINE/

GENERAL

MAINTENANCE
ENTITY

FUNDING

MINIMUM

TRANSFER OF PLAN

OF CONTROL

RESPONSIBILITIES

FROM DEVELOPER

TO THE GHAD

OWNERSHIP

1. Annexation Area Excluding Parcels GHAD-Owned Parcels B (8502), C (8614), and E (8614) a. Multi-Family Residential
Parcels (189 units) Private Private 3 Years Private
b. Common Area Parcels “F”
(8614), “G” (8502), and “G”
(8614))
Homeowner’s
Association
(HOA)
HOA Dues 3 Years HOA
c. Private Roads (Parcels “A”
(8502), “D” (8502), “E” (8502),
“F” (8502), “H” (8502), “I”
(8502), “J” (8502), “L” (8502),
“M” (8502), “A” (8614), “B”
(8614))
HOA HOA Dues 3 Years HOA
d. Dog Park (Parcel “D” (8614)) HOA HOA Dues 3 Years HOA e. Bioretention Basins (Parcels
“C” (8502) and “K” (8502))

i. Ornamental Landscape
Maintenance and
Replacement
HOA HOA Dues Not Applicable HOA
ii. Functional Maintenance,
Repair, and Replacement GHAD GHAD
Assessment 3 Years GHAD
f. Trail to Dog Park HOA HOA Dues 3 Years HOA
g. General Maintenance
including Graffiti and Litter
Removal
HOA HOA Dues Not Applicable
h. Storm Drain Improvements HOA HOA Dues 3 Years HOA
i. Subdrains GHAD GHAD
Assessment 3 Years GHAD

2. GHAD-Owned Parcels B (8502), C (8614) and E (8614) – Landowner Responsibilities Pretransfer Period
a. Parcel “B” (8502), Parcel “C”
(8614) and Parcel “E” (8614)

i Gates, Fencing, and
Signage Developer Private Funding 3 Years Developer
ii General Maintenance
including Graffiti and
Litter Removal
Developer Private Funding 3 Years Developer
iii Vegetation Management
for Fire Suppression Developer Private Funding 3 Years Developer iv Concrete-lined Drainage
Ditches Developer Private Funding 3 Years Developer
Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 14 October 14, 2021

FACILITY/FUNCTION

ROUTINE/

GENERAL

MAINTENANCE
ENTITY

FUNDING

MINIMUM

TRANSFER OF PLAN

OF CONTROL

RESPONSIBILITIES

FROM DEVELOPER

TO THE GHAD

OWNERSHIP
iv Storm Drain
Improvements Developer Private Funding 3 Years Developer v Subdrains Developer Private Funding 3 Years Developer vi Retaining Walls Developer Private Funding 3 Years Developer b. Bioretention Basin (Parcel
“C” (8614))

i Ornamental Landscape
Maintenance and
Replacement
Developer Private Funding 3 Years Developer
ii Functional Maintenance,
Repair, and
Replacement
Developer Private Funding 3 Years Developer
Post Transfer Period
a. Parcel “B” (8502), Parcel “C”
(8614) and Parcel “E” (8614)

i Gates, Fencing, and
Signage GHAD GHAD
Assessment Perpetual GHAD
ii General Maintenance
including Graffiti and
Litter Removal

GHAD GHAD
Assessment Perpetual GHAD
iii Vegetation Management
for Fire Suppression GHAD GHAD
Assessment Perpetual GHAD
iv Concrete-lined Drainage
Ditches GHAD GHAD
Assessment Perpetual GHAD
iv Storm Drain
Improvements GHAD GHAD
Assessment Perpetual GHAD
v Subdrains GHAD GHAD
Assessment Perpetual GHAD
vi Retaining Walls GHAD GHAD
Assessment Perpetual GHAD
b. Bioretention Basin (Parcel
“C” (8614))

i Ornamental Landscape
Maintenance and
Replacement
HOA HOA Dues Perpetual GHAD
ii Functional Maintenance,
Repair, and
Replacement

GHAD GHAD
Assessment Perpetual GHAD

11.0 RIGHT-OF-ACCESS

The GHAD Board of Directors, officers, employees, consultants, contractors, agents, and representatives shall have the right to enter upon all lands within the Annexation Area as shown on Appendix C for the purpose of performing the GHAD Activities defined in this Plan of Control.

Such GHAD Activities include, but are not limited to the inspection, maintenance and monitoring of those improvements listed in Section 7.0. Should the GHAD need to access private residential lots to fulfill its duties under the Plan of Control, the GHAD shall provide the affected landowner and/or resident with 72 hours advanced notice unless, in the reasonable judgment of the GHAD, Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 15 October 14, 2021

an emergency situation exists which makes immedi ate access necessary to protect the public health and safety, in which case no advanced notice is required, but the GHAD shall inform the landowner and/or resident as soon as reasonably possible.

The foregoing right-of-entry provision shall be recorded in the chain of title for all Annexation Area residential parcels and common area lots, and it shall be included in all Covenants, Conditions and Restrictions (CC&Rs) and homebuyer disclosure statements prepared for parcels within the GHAD Annexation Area.

12.0 GLOSSARY

Accepted Parcel – An assessor’s parcel within the Annexation Area that has been accepted for the transfer of GHAD responsibilities as provided in Section 6.4 of this Plan of Control.

Annexation Area – The land to be annexed into the Hayward GHAD as shown on the GHAD Boundary Plat (Appendix B, Exhibit B) in this Plan of Control . The Annexation Area includes all areas within Tracts 8502 and 8614.

GHAD Activities – Responsibilities that t he GHAD will assume monitoring and maintenance responsibilities noted in Section 7.0 and described in Table 10.0 in this Plan of Control.

GHAD Board of Directors – The members of the Hayward City Council.

Engineer’s Report – The document that establishes the individual property owners’ GHAD assessment limit based on the projected expenses (budget) of the GHAD.

Geologic Hazard – An actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth (Public Resources Code § 26507).

Geologic Hazard Abatement District or GHAD – A district formed under Public Resources Code § 26500 to undertake emergency actions necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard.

GHAD Law – Public Resources Code § 26500 through 26654.

GHAD Manager – An entity employing a licensed Geotechnical Engineer who will oversee the operations of the GHAD , including preparation of GHAD budgets. The GHAD Manager is hired by and reports to the GHAD Board of Directors.

GHAD Manager Decision – An operational action as set forth in this Plan of Control.

GHAD Manager Reconsideration Decision – A written decision prepared by the GHAD Manager in response to a written request from a property owner within the Annexation Area on the evidence presented.

GHAD-owned Parcels – The lands with Parcel B in Tract 8502 and Parcels C and E in Tract 8614 shown on Figure 1 in Appendix A.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

Page | 16 October 14, 2021

Hayward GHAD – A district formed by the Hayward City Council on March 1, 2016 , with the adoption of Resolution No. 16-030.

Plan of Control – Report prepared by a Certified Engineering Geologist which describes in detail, the geologic hazards, their location, and the area affected by them. It also provides a plan for the prevention, mitigation, abatement, or control thereof.

Punch List – A document provided by the GHAD of all of the items , if any, that need to be constructed, repaired, or otherwise modified in order to comply with the city-approved plans and specifications prior to the transfer of Plan of Control responsibilities to the GHAD.

Site Improvements – Buildings, public and private roads, sidewalks, utilities, improved trails, gazebos, cabanas, geologic stabilization features, or similar improvements.

Transfer Application Form – A document provided by the applicant to initiate transfer of Plan of Control responsibilities as outlined in this Plan of Control to the GHAD. A sample transfer application form is provided in Appendix E in this Plan of Control.

Transfer Eligibility Date – The earliest date a parcel within the Annexation Area is eligible for the transfer of Plan of Control responsibilities to the GHAD. For parcels with the Annexation Area, this period starts at 9:00 a.m. on the day exactly three years after the first residential building permit is issued by the City of Hayward.

Hayward SoMi, LLC Hayward SoMi Development, Tracts 8502 and 8614 17479.000.000 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

020866.0004\6429746.1

October 14, 2021

SELECTED REFERENCES

1. Carlson Barbee and Gibson, DRE Phasing Plan, Tracts 8502 and 8614 , City of Hayward, Alameda County, California, July 2021, Project No. 2775-010.

2. Carlson Barbee and Gibson, Draft Final Map, Tra ct 8502, City of Hayward, County of Alameda, State of California, May 2021, Project No. 2775-010.

3. Earth Systems Pacific, Design -Level Geotechnical Engineering Investigation, Mirza Residential Development, 29212 Mission Boulevard, Hayward, California, Octo ber 8, 2020, Revised March 19, 2021, File No. 302068-001.

4. Earth Systems Pacific, Geologic Hazards Evaluation and Geotechnical Feasibility Study, Proposed Multifamily Residential Development, Northwest of 29212 Mission Boulevard, Hayward, California, September 27, 2018, File No. 302068-001.

5. Earth Systems Pacific, Addendum to Geologic Hazards Evaluation and Geotechnical Feasibility Study, Proposed Multifamily Residential Development, 29212 Mission Boulevard, Hayward, California, December 15, 2017, File No. SH-13387-SA.

6. Earth Systems Pacific, Geologic Hazards Evaluation and Geotechnical Feasibility Study Proposed Multifamily Residential Development, 29212 Mission Boulevard, Hayward, California, September 26, 2017, File No. SH-13387-SA.

7. Hayward, City of, R esolution No. 16 -030 – Ordering Formation of the Hayward Geologic Hazard Abatement District (GHAD) and Appointing the Members of the Hayward City Council to Act as the GHAD Board of Directors, March 1, 2016.

8. Hayward, City of, Resolution No. 1 9-202 – Resolution Approving Zone Change and Vesting Tentative Map (Tract 8502) for the True Life Companies Mixed Use Development; and Approving the Related Infill Checklist; The True Life Companies/TTLC Mirza LLC and City of Hayward (Applicant/Owners), October 29, 2019.

9. SDG Architects, Inc., Development Plans , 29212 Mission Boulevard, Hayward, California, July 22, 2019.

020866.0004\6429746.1

APPENDIX A

FIGURE 1: GHAD OWNERSHIP AND MAINTENANCE EXHIBIT

RECYCLECONTAINERRECYCLECONTAINERRECYCLECONTAINER

RECYCLECONTAINER

NO PARKING

NO PARKING

NO PARKING
GHADBUILDING 22BUILDING 17BUILDING 16BUILDING 15BUILDING 18BUILDING 19BUILDING 20BUILDING 23BUILDING ABUILDING B PARCEL A (8502)PARCEL I (8502)PARCEL J (8502)PARCEL L (8502)PARCEL D (8502)PARCEL C (8502)PARCEL K (8502)PARCEL E (8502)PARCEL F (8502) PARCEL B(8502)
BUILDING 2BUILDING 3BUILDING 4BUILDING 5BUILDING 6BUILDING 8BUILDING 9BUILDING 11BUILDING 12BUILDING 13BUILDING 1 BUILDING 7BRBR
LOT 1 (8502)PARCEL H (8502)LOT 2 (8502)LOT 3 (8502)LOT 4 (8502)LOT 5 (8502)LOT 6 (8502)LOT 7 (8502)LOT 8 (8502)LOT 9 (8502)LOT 10 (8502)LOT 11 (8502)LOT 12 (8502)LOT 13 (8502)BUILDING 14PARCEL D (8614)LOT 1 (8614)PARCEL G (8614)PARCEL M (8502)LOT 9 (8614)LOT 8 (8614)LOT 7 (8614)LOT 10 (8614)LOT 6 (8614)LOT 5 (8614)LOT 4 (8614)LOT 3 (8614)LOT 2 (8614)PARCEL A (8614)PARCEL B (8614)PARCEL C (8614)PARCEL E (8614)PARCEL F (8614)BUILDING 21BR LOT 14 (8502)PARCEL G (8502)LOT 15
BUILDING 10
EXPLANATION GHAD BOUNDARYGHAD-OWNED AND MAINTAINED PARCELSHOA-OWNED AND MAINTAINED PARCELSPRIVATE RESIDENTIAL LOTSNN Expect Excellence 0FEET100 GHAD OWNERSHIP AND MAINTENANCE EXHIBITHAYWARD SOMI DEVELOPMENT HAYWARD, CALIFORNIA17479.000.000AS SHOWN1 Expect Excellence

020866.0004\6429746.1

APPENDIX B

EXHIBIT A

LEGAL DESCRIPTION
Geologic Hazard Abatement District, Hayward SoMi
Development – Tracts 8502 and 8614

EXHIBIT B
Plat to Accompany Legal Description

020866.0004\6429746.1

APPENDIX C

SITE PLAN AND GEOLOGIC MAP FOR TRACTS 8502
AND 8614

A
A’
25’

SETBACK ZONE

FAULT ZONE
B1
B2B3
B4
B5
B6
CPI-B12
CPI-B7
CPI-B11
CPI-B6CPI-B5
CPI-B8
JHA T3
JHA B3
CA L1
JHA T4
JHA T1
CA L2
CEG T2
JHA T2
JHA B4
JHA B1
JHA B5
JHA B2
CEG TP3
CEG TP2
CEG TP4
CEG B3
CEG B2
CEG B5
CEG B6
Geocon B3
ESC T5
ESC T7
BSA T3
BSA TP4
BSA T11BSA T6
ESC B3
ESC B7
ESC B8
ESC B6
ESC B9
ESC TD
1 2
3 4
5 Qa
Jkk
Jkk
Earth Systems Pacific
Mulfamily Residenal Development
29212 Mission Boulevard
Hayward, California
Site Plan and Geologic Map
SH-13387-SA
Figure 2
0 6060
Approximate Scale in Feet
120
JKk
Qa
LEGEND
Alluvium
Knoxville Formaon
Approximate Trench Locaon, by others:

JHA - Judd Hull & Associates (1975);
ESC - Earth Systems Consultants (1980);
CA - Crawford & Associates (2012);
BSA - Berlogar, Stevens & Associates (2013);
CEG - Cornerstone Earth Group (2017)
Approximate Boring Locaon, by others:

JHA - Judd Hull & Associates (1975);
ESC - Earth Systems Consultants (1980);
CPI - CPI Geologic (2013)
CEG - Cornerstone Earth Group (2016)
Geocon - Geoconsultants (in CEG, 2017)
Approximate Trench Locaon, (this study)
Approximate Boring Locaon, (this study)B6
Fault contact
Cross-secon
locaon
Surveyed fault
locaon
x
x
x
x
x
Base: The True Life Companies, 2018
A’
A
25’ SETBACK ZONE
25’ SETBACK ZONE
25’ SETBACK ZONE
?
?
? ESP B1
ESP B2
ESP B3
ESP B4
ESP B5ESP B6
CPI-B12
CPI-B7
CPI-B11
CPI-B6
CPI-B5
CPI-B8
JHA B3
JHA T1
CA L2 CEG T2
JHA T2
JHA B4
JHA B1
JHA B2
CEG B3
ESC T5
ESC T7
BSA T6
ESC B7
ESC B8
ESC B6
ESC B9
ESC TD
ET3
ET1
BSA T2
BSA T4
BSA T5
T7 ENGEO
T1 ENGEO
JHA T4JHA T3 CA L1
ESP TP4
ESP TP2
ESP TP3 ESP TP1
ESP T1
Geocon B3
T1 T2
ESP TP5
Qa
Jkkls
Jkkls
Jkkls
Qa
af
B3
B2
B1
B4
B5
fm ?ls
Earth Systems Pacific
CalTrans Property - Tennyson
Mission Boulevard
Hayward, California
Site Plan and Geologic Map
302068-001
Figure 2
JKkls
Qa
LEGEND
Alluvium
Approximate Trench Locaon, by others:

JHA - Judd Hull & Associates (1975);
ESC - Earth Systems Consultants (1980);
CA - Crawford & Associates (2012);
BSA - Berlogar, Stevens & Associates (2013);
CEG - Cornerstone Earth Group (2017)
Approximate Boring Locaon, by others:

JHA - Judd Hull & Associates (1975);
ESC - Earth Systems Consultants (1980);
CPI - CPI Geologic (2013)
CEG - Cornerstone Earth Group (2016)
Geocon - Geoconsultants (in CEG, 2017)
ESP - Earth Systems Pacific (2017)
ESP - Earth Systems Pacific (2017)
B5
Fault contact
Cross-secon
locaon
Trench locaon
(ESP, this study)
T-1
Ancient landslide deposits composed
of Knoxville Formaon
Boring locaon
(ESP, this study)
af Arficial fill
Approximate
geologic contact

MISSION BOULEVARD
0 8080
Approximate Scale in Feet
160
Boulders
Site Boundary

020866.0004\6429746.1

APPENDIX D

DECLARATION OF DISCLOSURES, RIGHT OF ENTRY

AND RESTRICTIVE COVENANTS REGARDING

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT

020866.0004\6429746.1

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Hayward Geologic Hazard Abatement District
777 B Street
Hayward, CA 94541
Attn: Miriam Lens

DECLARATION OF DISCLOSURES, RIGHT OF ENTRY AND RESTRICTIVE COVENANTS

REGARDING HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT

This Declaration of Disclosures, Right of Entry and Restrictive Covenants Regarding Hayward Geologic Hazard Abatement District (the “Declaration”) is made this _____ day of __________, 20__ (the “Effective Date”), by, Hayward SoMi, LLC , a California limited liability company (“Declarant”).

RECITALS
A. Declarant is the owner of that certain real property located in the City of Hayward, County of Alameda, State of California, more particularly described as Tracts 8502 and 8614, filed on , 20__ in Book of Parcel Maps, at pages , all in the Official Records of Alameda County, California (the “Property”).

B. The City of Hayward approved a 189-lot residential subdivision on the Property. A condition of approval for Tracts 8502 and 8614 was that the Property be annexed into the Hayward Geologic Hazard Abatement District (“Hayward GHAD”).

C. Under the authority of California Public Resources Code section 26500, et seq., the Hayward City Council on March 1, 2016 adopted Resolution No. 16-030 forming and establishing the Hayward GHAD to prevent, mitigate, abate or control potential geologic hazards within the boundaries of the GHAD. On ____, 2021, the Hayward GHAD adopted Resolution No. 21-___, approving annexation of the Property into the Hayward GHAD.

NOW, THEREFORE, Declarant, as the owner of the Property, for itself, its successors and assigns does hereby declare as follows:

1. Notification and Disclosure of Hayward GHAD : The Declarant hereby giv es notice and discloses that the Property is a part of the Hayward GHAD. The Board of Directors of the Hayward GHAD are the members of the Hayward City Council. Pursuant to the Plan of Control for Annexation of the Property to Hayward GHAD as it may be ame nded from time to time (the “Plan of Control”), the Declarant and the Hayward GHAD are afforded certain responsibilities and rights relating to the prevention, mitigation, abatement and control of potential geologic hazards on the Property. The powers of t he Hayward GHAD include the power to assess lot owners within the Property for the purposes set out in the Plan of Control.

An assessment was authorized by the Hayward GHAD to be imposed on the Property pursuant to adopted Resolution 21-__.

2. Right of Entry: The Declarant by executing and recording this Declaration hereby contractually affords Hayward GHAD, its officials, employees, contractors and agents an irrevocable right of entry with continuing and perpetual access to and across the Property for the purposes and responsibilities set out in the Plan of Control (“Access Rights”). Should the Hayward GHAD need to access private residential lots to fulfill its duties under the Plan of Control, the Hayward

020866.0004\6429746.1
GHAD shall provide the affected landowner and/or resi dent with 72 hours advanced notice unless, in the reasonable judgment of the GHAD Manager, an emergency situation exists which makes immediate access necessary to protect the public health and safety, in which case no advanced notice is required, but the H ayward GHAD shall inform the landowner and/or resident as soon as reasonably possible. The Declarant hereby gives notice that the GHAD will acquire Access Rights immediately upon the execution of this Declaration. The GHAD, in its sole discretion, may elec t not to exercise Access Rights until it accepts its maintenance responsibilities consistent with the Plan of Control.

3. GHAD Easement: The Declarant hereby grants the Hayward GHAD a perpetual easement for the purposes and responsibilities set out in the Plan of Control and for maintaining certain site improvements as depicted in Exhibit A, and legally described in Exhibit B attached hereto, (the “GHAD Easement”). Such activities include, but are not limited to: (a) the inspection, maintenance, monitoring and replacement of site improvements including, drainage ditches, storm drains, outfalls and pipelines; (b) the monitoring, maintenance and repair of slopes, including repaired or partially repaired landslides; and (c) the management of erosion and geologic hazards within the open space areas shown in the Plan of Control. The GHAD Easement shall become effective upon acceptance by the Hayward GHAD of its responsibilities and rights, the process by which is articulated in the Plan of Control. The Hayward GHAD has no maintenance responsibilities whatsoever to the Declarant or Property until and unless the Hayward GHAD accepts such responsibilities consistent with the Plan of Control.

4. Covenants Running with the Land : The Property shall be held, conveyed, hypot hecated, encumbered, sold, leased, used, improved and maintained subject to the limitations, covenants, conditions, restrictions, easements, rights of entry and equitable servitude set forth in this Declaration, all of which are in furtherance of Declarant ’s plan for the uniform improvement and operation of the Property. All of the limitations, covenants, conditions, restrictions, easements, rights of entry and equitable servitudes set out in this Declaration shall both benefit and burden the Property and s hall run with and be binding upon and inure to the benefit of the Property and each parcel therein, and shall be binding upon and inure to the benefit of each owner, and every person having or acquiring any right, title or interest in and to all or any portion of the Property and their successors and assigns. Upon Declarant’s conveyance of fee title to the Property, or any portion thereof, Declarant shall be released from any further liability or obligation hereunder related to the portion of the Property s o conveyed, and the grantee of such conveyance shall be deemed to be the "Declarant,” with all rights and obligations related thereto, with respect to that portion of the Property conveyed.

5. Hold Harmless: Declarant, or its successors and assigns, shall ho ld harmless, protect and indemnify Hayward GHAD and its directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (collectively, “Hayward GHAD Indemnified Partie s”) from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys’ fees and experts’ fees), causes of action, claims, demands, orders, liens or judgments (each a “Claim” and, collectively, “Claims”): (1) for injury to or the death of any person, or physical damage to any property, related to or occurring on or about the GHAD Easement to the extent arising from the negligence or intentional misconduct of Declarant, its employees, ag ents or contractors; or (2) related the existence of the GHAD Easement, exclusive of any Claims brought by Declarant.

020866.0004\6429746.1

6. Enforcement: The Hayward GHAD shall have the right but not the obligation to enforce the provisions of this Declaration.

7. Modification or Termination: This Declaration shall not be modified, amended or terminated without the written consent of the Hayward GHAD.

Executed as of the Effective Date.

Declarant: Hayward SoMi, LLC, a California limited liability company

By:

Its: ________________________________ _

020866.0004\6429746.1

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed to the Hayward Geologic Hazard Abatement District by the foregoing document titled “Declaration of Disclosures, Right of Entry and Restrictive Covenants”, which is dated _______________, 20__ and executed by ______________, is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. __-__, dated _____________, 20__. The City of Hayward, as grantee, consents to recordation of said “Declaration of Disclosures, Right of Entry and Restrictive Covenants”.

_______________________
Eric Harrell Date:

Hayward GHAD Manager

Attest:

_______________________
Patricia E. Curtin
Hayward GHAD Clerk

Approved as to form:

_______________________
Amara Morrison
Hayward GHAD Attorney

020866.0004\6429746.1

APPENDIX E

SAMPLE TRANSFER APPLICATION FORM

020866.0004\6429746.1

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
HAYWARD SoMi DEVELOPMENT
Hayward Geologic Hazard Abatement District Board of Directors c/o Hayward GHAD Manager
ENGEO Incorporated
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583

As of ____________, 20__, ______ is submitting an application for transfer of GHAD activities as provided in Section 6.0 of the Magee Preserve Plan of Control dated October 12, 2021 . As specified in Section

6.0,______ is submitting this Transfer Application to transfer the responsibility for performing GHAD activities for the listed parcels to the District. Within 30 days of the submittal of the Transmittal Application, the GHAD will monitor the listed parcels and verify that the facilities that the GHAD will have maintenance responsibility have been constructed and maintained in accordance with the conditions of Section 6.4 of the Plan of Control. Within 15 days of inspection, the GHAD will send ______ a punch list of all items that need to be constructed, repaired, or otherwise modified in compliance with the Town of Danville approved plans and specifications. _______ will notify the GHAD upon completion of the punch list items. Within 30 days of r eceipt of such notice, the GHAD shall verify that all punch l ist items have been completed and notify ______. GHAD staff will then bring a resolution before the Hayward GHAD Board of Directors for their consideration approving GHAD responsibility for performing all future GHAD activities on the parcel(s).

We submit the following parcels for the transfer of GHAD activities as provided in the Magee Preserve Plan of Control to the Hayward GHAD:

Lot
Number/Tract
Address Assessor’s Parcel Number

Each party is to submit a copy of this application to the other party upon completion of the steps listed below.

GHAD receipt of Transfer Application: I nitial of GHAD representative: __________ Date: _______

_______ receipt of punch list from GHAD: Initial of ______ representative: __________ Date: _______

GHAD receipt of notice of completion of punch list items: Initial of GHAD representative: __________ Date: _______

020866.0004\6429746.1

www.engeo.com

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 22-001
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Appeal of Planning Commission Denial to Develop a New Approximately 116,844 Square Foot Industrial Building for U-Haul at 4150 Point Eden Way (Assessor Parcel Number 461-0085-020-02) Requiring Approval of Site Plan Review and Historic Resources Demolition Permit Application No. 201901039 Including Certification of an Environmental Impact Report, Adoption of a Statement of Overriding Considerations, and Approval of a Mitigation, Monitoring and Reporting Program. Jerry Owen on Behalf of U-Haul; Amerco Real Estate Co. (Applicant/Property Owner) - Item continued to 2/15/2022 at the request of applicant.

RECOMMENDATION
The item was continued to the 2/15/22 Council meeting at the request of the applicant.

CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
powered by Legistar™

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 21-053
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Legislative Program: Adopt a Resolution Updating the City of Hayward’s Legislative Program

RECOMMENDATION
That the Council adopts a resolution (Attachment II) updating the City’s Legislative Program.

SUMMARY
In July 2017, the Council adopted the City’s first formal Legislative Program designed to inform interested parties of the City’s stances on: state and federal budgets, legislation, and regulations; state-wide referenda; ballot measures; and government grant opportunities. The Legislative Program is based on two foundational general principles: (1) enhancing and preserving revenue sources; and (2) maintaining home rule authority as well as Council’s priorities defined in the annual strategic priorities retreat. To prepare the update to the Legislative Program (Attachment III), City staff supporting the program coordinated with internal subject matter experts, reviewed the Strategic Roadmap documents, and consulted with the City’s legislative advocates. The update to the Legislative Program incorporates two new policy areas: Immigration and Voting Rights. The program updates also reflect the prioritization of COVID-19 recovery and racial equity in the City’s work.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Updated City of Hayward Legislative Program CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
powered by Legistar™

DA
TE: January 18, 2022
TO
: Mayor and City Council
F
ROM: City Manager
S
UBJECT: Legislative Program: Adopt a Resolution Updating the City of Hayward’s Legislative Program
R

ECOMMENDATION
That the Council adopts a resolution (Attachment II) updating the City’s Legislative Program.

S
UMMARY
In July 2017, the Council adopted the City’s first formal Legislative Program designed to inform interested parties of the City’s stances on: state and federal budgets, legislation, and regulations; state-wide referenda; ballot measures; and government grant opportunities. The Legislative Program is based on two foundational general principles: (1) enhancing and preserving revenue sources; and (2) maintaining home rule authority as well as Council’s priorities defined in the annual strategic priorities retreat. To prepare the update to the Legislative Program (Attachment III), City staff supporting the program coordinated with internal subject matter experts, reviewed the Strategic Roadmap documents, and consulted with the City’s legislative advocates. The update to the Legislative Program incorporates two new policy areas: Immigration and Voting Rights. The program updates also reflect the prioritization of COVID-19 recovery and racial equity in the City’s work.

B

ACKGROUND AND DISCUSSION
In July 2017, the Council adopted the City’s first formal Legislative Program designed to inform interested parties of the City’s stances on state and federal budgets, legislation, and regulations; state-wide referenda; ballot measures; and government grant opportunities.

The Legislative Program provides direction to staff and the City’s legislative advocates in Washington D.C. and Sacramento, and it serves as the foundation for any action taken by the City regarding legislation, regulations, referenda, and ballot measures.

T
he Legislative Program is based on two foundational general principles: (1) enhancing and preserving revenue sources and (2) maintaining home rule authority. Additionally, the Legislative Program outlines general subject areas in which the City will take a position on pending and existing public policy. In the original document, these subject areas are

identified in six (6) broad categories: Public Safety, Transportation and Infrastructure, Environmental Sustainability, Finance and Human Resources, Community and Economic Development, and Educational, Neighborhood, and Social Services. Staff regularly works with the City’s legislative advocates and State and Federal representatives to advance the goals laid out in the Legislative Program.

To prepare the update to the Legislative Program (Attachment III), City staff supporting the program coordinated with internal subject matter experts, reviewed the Strategic Roadmap documents, and consulted with the City’s legislative advocates.

The update to the Legislative Program incorporates two new policy areas: Immigration and Voting Rights. The program updates also reflect the prioritization of COVID-19 recovery and racial equity in the City’s work.

Immigration
The inclusion of Immigration as an area of policy concern in the Hayward Legislative Program is in line with the City’s commitment to ensuring continued protection and quality of life for all community members, the 2017 Sanctuary City declaration, and the maintenance of the City’s Home Rule Authority.

The changes made to the Hayward Legislative Program to include Immigration as an area of policy concern would state that the City do the following:
• Support legislation that promotes the health and well-being, removes barriers to health services and economic success, fosters civic engagement, and streamlines integration for immigrants and immigrant families;
• Support DACA and any legislation that protects undocumented children; • Support legislation that funds education and outreach efforts for hard to count populations, such as immigrants and limited English speakers during the U.S. Census; and,
• Oppose federal regulations or proposals that would withhold funding as a penalty for noncompliance with federal immigration policies.

COVID-19 Recovery
The Hayward Legislative Program has been updated to reflect the need to prioritize COVID-19 relief, as continued federal and state relief funding will be necessary for the City, Hayward residents, and Hayward businesses to recover. Changes made regarding state and federal COVID-19 legislation were made to the Community and Economic Development section, stating that the City do the following:
• Support legislation that would provide economic relief for local businesses and commercial property owners affected by the COVID-19 shut-downs and stay-in-place orders.

Voting Rights
In the wake of the impacts of COVID-19 and a myriad of changes to state and federal voting laws, the City has made it a priority to examine and strengthen voter accessibility for

residents of Hayward. The update of the Hayward Legislative Program includes the City’s support legislation and policies that expand rights, increase accessibility, and provide protections for voters in Hayward.

The changes to Voting Rights as an area of policy concern would state that the City do the following:
• Support legislation that establishes or expands early voting opportunities and increases physical voting accessibility for elderly and disabled voters; • Support legislation that expands voter registration opportunities by establishing or expanding automatic voter registration and same-day or Election Day registration; • Oppose ballot initiatives that restrict mail-in voting ballot eligibility, accessibility to drop boxes, or ability to remain on an absentee voting ballot list; • Oppose ballot initiatives that impose harsher in-person voting requirements or limit the number and accessibility of polling locations; and, • Oppose ballot initiatives that restrict voter registration or expand voter roll purging.

FISCAL IMPACT

There is no direct fiscal impact associated with this report. However, supporting continued funding is not measurable at this time, but could likely provide a positive impact to the organization and community.

STRATEGIC ROADMAP

The updates made to the Legislative Program were made to reflect and support the Council’s priorities and priority projects as outlined in the Strategic Roadmap.

NEXT STEPS

If the Council adopts the attached resolution, staff will draft a letter for the Mayor to send to the Board of Supervisors along with the signed resolution.

Prepared by: Terence Candell, Management Fellow
Laurel James, Management Analyst

Recommended by: Jennifer Ott, City Manager

Approved by:

________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
I
ntroduced by Council Member __________
R
ESOLUTION ADOPTING UPDATES TO THE CITY’S OFFICIAL LEGISLATIVE

PROGRAM
W
HEREAS, the City’s legislative program inform s interested parties of the City’s stances on any piece of legislation, state-wide referenda, grant funding opportunity, or local ballot measure; and
WH
EREAS, the City’s legislative program serves as a basis for action regarding any piece of federal or state legislation or funding opportunity; and W
HEREAS, the proposed updates to the legislative program is based on the priorities and projects in the Council’s Strategic Roadmap, including Support Quality of Life; Preserve, Protect and Produce Housing for All; Grow the Economy; Combat Climate Change; Improve Infrastructure; and Improve Organizational Health; and
W
HEREAS, the updated legislative program retains the two foundational principles of maintaining financial stability including preserving revenue sources and maintaining local control, particularly over land-use decisions; and
W
HEREAS, the updated legislative program was informed by staff subject matter experts as well as Council priorities and actions taken since the creation of the original Legislative Program document, including the Sanctuary City declaration, the Public Safety Policy Innovation Workshop, and the City’s commitment to advancing equity.

NO
W, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward formally adopts the updated Legislative Program for the City of Hayward and directs staff to distribute it to the appropriate parties and to make it and future City stances public via the City’s website.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III
LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 10 Legi
slative Program
Federal and State Policy Priorities
777 B Street
Hayward, CA 94541
p. 510.583.4300
f. 510-583-3601
Office of the City Manager
Management Analyst

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 11 Table of Contents
I. Introduction ............................................................................................... 12 II. Mayor and City Council ............................................................................ 13 Mailing Address .............................................................................................................13 Mayor and City Council ................................................................................................. 13 III. Contact Information .................................................................................. 14 Mailing Address .............................................................................................................14 Program Staff ................................................................................................................14 IV. Legislative Advocates ............................................................................... 15 Federal Legislative Advocate .........................................................................................15 State Legislative Advocate ............................................................................................ 15 V. General Legislative Principles ................................................................. 16 Enhancing Revenue Sources ........................................................................................16 Maintaining Home Rule Authority ..................................................................................16 VI. City Public Policy Positions ..................................................................... 17

1.1 Community and Economic Development .............................................................17

1.2 Educational, Neighborhood and Social Services ..................................................18

1.3 Public Safety ........................................................................................................19

1.4 Transportation and Infrastructure .........................................................................20

1.5 Environmental Sustainability .................................. Error! Bookmark not defined.

1.6 Homelessness, Affordable Housing and Housing
Development .................................................................................................................10

1.7 Finance/Human Resources ..................................................................................10

1.8 Immigration ..........................................................................................................11

1.9 Voting Rights .......................................................................................................11 VII. Legislative Program Coordination ........................................................... 12

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 12 Introduction
The Hayward Legislative Program outlines the legislative priorities and stances of the City of Hayward with the intent to inform residents, representatives, and policymakers of the City’s stances on the myriad of public policies that intersect with City priorities, programs, and services. These priorities are applicable to legislation, state-wide referenda, grant funding opportunities, and local ballot initiatives.

The City Council Priorities of Safe, Clean, Green, Thriving, Fiscal Sustainability, and Organizational Health serve as the guiding principles for Hayward’s legislative priorities.

Moreover, the City supports all policies that will preserve or enhance the ability of the City to promote these guiding principles at the local level.

The City has two major legislative priorities: Enhancing Revenue Sources and Maintaining Home Rule Authority. City support of legislation will be contingent upon that legislation adhering to these priorities as well as the City Council priorities.

This document provides direction to the City’s legislative advocates in Washington D.C. and Sacramento. Additionally, this document serves as the foundation for any City Council action regarding Federal or State legislation or funding opportunity. Staff may draft letters, direct our legislative advocates, or speak on behalf of the City regarding the legislative priorities this document outlines.

Any correspondence signifying the City’s support or opposition of a given bill must be signed by the Mayor and/or City Manager with notification to the City Council.

Any questions regarding this Legislative Program can be directed to Laurel James, Management Analyst at 510-583-4303 or [email protected].

Sincerely,

Kelly McAdoo
City Manager

ICMA-CM

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 13 Mayor and City Council
Mailing Address
City of Hayward
4th Floor
777 B Street
Hayward, CA 94588

Mayor and City Council

Mayor Barbara Halliday
510-583-4340
[email protected]

Council Member Angela Andrews
510-583-4353
[email protected]

Council Member Aisha Wahab
510-583-4357
[email protected]

Council Member Sara Lamnin
510-583-4358
[email protected]

Council Member Elisa Márquez
510-583-4357
[email protected]

Council Member Mark Salinas
510-583-4355
[email protected]

Council Member Francisco Zermeño
510-583-4352
[email protected]

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 14

Contact Information
Mailing Address
City of Hayward
4th Floor
777 B Street
Hayward, CA 94588

Program Staff
City Manager
Kelly McAdoo
510-583-4300
[email protected]

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 15

Legislative Advocates
Federal Legislative Advocate
Capitol Advocacy Partners
Dana DeBeaumont

600 Pennsylvania Avenue SE
#15048
Washington, DC 20003

202-532-6856
[email protected]

State Legislative Advocate
Townsend Public Affairs
Eric Thronson

925 L. Street
Suite 1404
Sacramento, CA 95814

916-447-4086
[email protected]

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 16

General Legislative Principles
As part of the 2020 Strategic Roadmap, the City Council adopted six general guiding priorities:

1. Preserve, Protect, and Produce Housing

2. Grow the Economy

3. Combat Climate Change

4. Improve Infrastructure

5. Support Quality of Life

6. Improve Organizational Health

These priorities serve as the foundation for all actions the City will take, including advocacy for policies that promote those same guiding priorities.

Public policy encompasses a variety of subject and topic areas. However, as these policies intersect at the local level, they have the ability to impact municipal revenues and/or administrative discretion and control. In addition to the aforementioned Council Priorities the City will support policies that either preserve revenue sources, maintain home rule authority, or both. If a given policy does not meet these criteria, the City will oppose, support with amendments, or in some cases take no stance on that policy or legislation.

The General Legislative Principles for the City of Hayward are:

Enhancing Revenue Sources
• Support the protection or expansion of Federal, State, and local funding sources that provide revenue to the City.
• Oppose any Federal or State legislation, policies, programs, referenda, unfunded mandates and budgets that would have an adverse impact on the City’s ability to provide adequate programs, projects and services.

Maintaining Home Rule Authority
• Support any legislation, policies, referenda, and budgets that maintain or improve local regulatory control and authority.
• Oppose any legislation, policies, referenda, and budgets that undermine or circumvent the City Charter.

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 17

City Public Policy Positions
The General Legislative Priorities help identify which public policy positions the City will take.

The list of policy positions below is by no means exhaustive. In addition to the general legislative priorities, the City takes the following more specific public policy positions:

1.1 Community and Economic Development
A. Support legislation, policies, referenda, and budgets that maintain or increase economic development resources and flexibility at the local level.

B. Support legislation that provides tools for cities to improve business development and retention.

C. Oppose legislation that strips the benefit provisions of AB 1484 associated with the wind down of redevelopment agencies.

D. Oppose legislation that reduces or erodes local land use control and decision making.

E. Support legislation to streamline and increase efficiency of the California Environmental Quality Act (CEQA) while ensuring environmental stewardship is retained.

F. Support legislation, policies and programs that are explicitly designed to address racial disparities by advancing racial equity and anti-racism.

G. Support legislation that would provide economic relief for local businesses and commercial property owners affected by the COVID-19 shut-downs and stay-in-place orders.

1. 2 Educational, Neighborhood and Social Services
A. Support legislation that aims to advance racial equity by improving the standard of living for historically disenfranchised groups and low-income families.

B. Support legislation and initiatives that increase funding for library programs and literacy services.

C. Support legislation and initiatives that sustain or increase funding for the development and maintenance of public parks and open spaces.

D. Support legislation and initiatives that boost funding for local school districts, public institutions of higher education and for low-income students.

1. 3 Public Safety
A. Oppose legislation that would eliminate the City’s ability to engage in cooperative service agreements.

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 18 B. Oppose any legislation that restricts or limits the City’s ability to regulate cannabis at the local level.

C. Support legislation that protects the public from dangerous or improper use of weapons.

D. Support legislation that develops and expands programs to encourage and support the City’s emergency preparedness initiatives.

E. Support legislation that develops and expands programs that aid the city in its local hazard mitigation activities as prescribed in the Local Hazard Mitigation Plan.

F. Support legislation or programs that provide Federal and State funding or resources for effective non-violent emergency services alternatives to policing and violence prevention programs.

G. Support legislation that provides funding for county and local mental health services.

H. Support legislation and funding that allows the City to prepare and respond to emergency situations, natural disasters, and health pandemics, including its ability to continue to provide critical public services.

1. 4 Transportation and Infrastructure
A. Support legislation and initiatives that boost funding for infrastructure projects within the City and surrounding region.

B. Support legislation and initiatives that increase access and funding for regional public transportation, as well as complete streets and active transportation infrastructure.

C. Support legislation and initiatives that would reduce traffic congestion and boost public transportation ridership.

D. Support legislation and initiatives that promote the use of design-build methods for faster project delivery.

E. Support legislation that gives local government more control over micro-mobility regulation and infrastructure.

F. Support legislation that provides reliable funding for transportation system improvements and maintenance at the State and local level.

G. Support legislation and funding that supports transportation electrification including electric vehicle charging infrastructure and electric bicycles.

H. Support legislation and initiatives that improve the transportation system, specifically for vulnerable users of the system (children, pedestrians, cyclists, etc.), to improve safety, reduce greenhouse gas emissions, and promote active transportation.

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 19

1. 5 Environmental Sustainability

Waste

A. Support legislation and initiatives that hold manufacturers accountable for proper disposal of non-recyclable products they produce to foster more environmentally sustainable product design.

B. Support legislation and initiatives that limit production, distribution, or sale of nonrecyclable single-use items that negatively impact the environment.

C. Support legislation and initiatives that encourage recycling and waste reduction efforts and incentivize efforts to improve markets for recycling.

Climate and Energy

D. Support legislation and initiatives that address the impacts of climate change and the reduction of greenhouse gas emissions.

E. Support legislation and initiatives that improve climate adaptation and resiliency – especially while reducing impacts to vulnerable populations and improving equity.

F. Support legislation and initiatives that call for improved energy efficiency and building electrification.

G. Support legislation and initiatives that support community choice energy programs and reduce unfair competition from investor-owned utilities.

H. Support legislation that expands the development of renewable energy systems – especially within the City.

I. Support legislation and funding intended to assist local agencies in adapting to sea level rise.

Stormwater

J. Support legislation and funding for stormwater quality improvements.

1.6 Homelessness, Affordable Housing and Housing Development A. Support legislation that provides funding to the City and/or non-profit entities to build or support affordable housing projects.

B. Support legislation and programs that fund homeless navigation and support facilities or provide homeless assistance, reduction, and prevention services.

C. Support legislation that aids first time homebuyers.

D. Support legislation that expedites and incentivizes housing development around transit and employment, including streamlining environmental approval processes for housing while maintaining local authority and maintaining environmental protections.

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 20 E. Support legislation that aids or helps to fund the City and/or non-profit entities that provide support services and housing for the homeless, seniors, veterans, and other people with special needs.

1.7 Finance/Human Resources
A. Oppose Federal or State unfunded mandates.

B. Support legislation that expands municipal tax increment financing power.

C. Oppose legislation that reduces or removes the tax-exempt status of municipal bonds.

D. Support legislation that reduces the costs of healthcare and other post-employment benefits.

E. Oppose any legislation that would divert local revenues to the State or other governmental entities.

F. Oppose ballot initiatives or legislation to increase local government voter–approval requirements for general taxes.

G. Support broadening the base of the Sales Tax to include services and e-commerce as well as through decreasing Sales Tax exemptions.

1.8 Immigration
A. Support legislation that promotes the health and well-being, removes barriers to health services and economic success, fosters civic engagement, and streamlines integration for immigrants and immigrant families.

B. Support Deferred Action for Childhood Arrival and any legislation that protects undocumented children.

C. Support legislation that funds education and outreach efforts for hard to count populations, such as immigrants and limited English speakers, during the U.S.

Census.

D. Oppose federal regulations or proposals that would withhold funding as a penalty for noncompliance with federal immigration policies.

1.9 Voting Rights
A. Support legislation that establishes or expands early voting opportunities and increases physical voting accessibility for elderly and disabled voters.

B. Support legislation that expands voter registration opportunities by establishing or expanding automatic voter registration and same-day or Election Day registration.

C. Oppose ballot initiatives that restrict mail-in voting ballot eligibility, accessibility to drop boxes, or ability to remain on an absentee voting ballot list.

D. Oppose ballot initiatives that impose harsher in-person voting requirements or limit the number and accessibility of polling locations.

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 21 E. Oppose ballot initiatives that restrict voter registration or expand voter roll purging.

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 22

Legislative Program Coordination
Legislation can be brought to the attention of the City through a variety of channels:
• State and Federal Legislative Advocates
• Elected Representatives
• League of California Cities
• City Council Members
• City Staff
• City Residents
• Other Governmental Associations
All legislative requests for support or opposition will be directed toward the Office of the City Manager. City staff will then review the legislation in coordination with any relevant departments to analyze whether or not the legislation aligns with the City’s general legislative priorities.

Staff will then monitor and track the legislation, providing updates when necessary. Concurrent with this evaluation, the City Manager’s office will recommend a position and course of action.

There are six main levels of action all of which are coordinated by the City Manager:

1. Direction to Legislative Advocates to advocate in support, support with changes, or opposition to legislation.
• City staff will notify Legislative Advocates of the City’s stance and direct them to take appropriate action with legislators.
• The City reserves the right to remain neutral on a given piece of legislation.

2. Mayoral correspondence with relevant legislators
• City staff will draft a support or opposition letter for the City Manager and/or Mayor to review and sign. This letter will be distributed to the appropriate legislators.

3. Council approved resolution
• City staff will draft a staff report and resolution for consideration by the full City Council. Approved resolutions will be forwarded along with a letter signed by the Mayor to the appropriate legislators.

4. Council outreach
• City staff will draft talking points and other relevant information for individual Council Members to personally contact appropriate legislators to advocate on behalf of the
City.

ATTACHMENT III

LEGISLATIVE PROGRAM POLICY PRIORITIES - JANUARY 2022 23

5. Travel to Sacramento or Washington, D.C.
• City staff and/or Council Members may decide to advocate in person. Staff will coordinate with the appropriate Legislative Advocates to organize meetings or attendance at other advocacy events.

6. Draft or sponsor specific legislation
• City staff and legislative advocates will work with the City’s legislative representatives to articulate the City’s stance on a policy and to ensure said stance is codified in statute.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: RPT 22-001
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Informational Report Regarding Hayward Water Bills

RECOMMENDATION
That the Council receives this informational report regarding the Hayward water bill redesign.

SUMMARY
Staff is currently implementing an Advanced Metering Infrastructure (AMI) water customer portal with bill payment functionality. As part of this effort, the City is partnering with bill printing and distribution vendor, InfoSend, Inc. (InfoSend), who is redesigning the bill distributed to utility customers. This report serves to provide an update about the bill redesign effort, and to share a mockup of the redesign, which is included as Attachment II.

Council Sustainability Committee
The Council Sustainability Committee received this information at the November 8, 2021 meeting and concurred with staff’s recommendation that the new bill design should highlight basic information and new payment options.

ATTACHMENTS
Attachment I Staff Report
Attachment II Bill Redesign
Attachment III Current Bill
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
powered by Legistar™
Pag
e 1 of 4
DA
TE: January 18, 2022
TO
: Mayor and City Council
F
ROM: Director of Public Works
SU
BJECT: Informational Report Regarding Hayward Water Bills RE

COMMENDATION
Th
at the Council receives this informational report regarding the Hayward water bill redesign.

S
UMMARY
Staff is currently implementing an Advanced Metering Infrastructure (AMI) water customer portal with bill payment functionality. As part of this effort, the City is partnering with bill printing and distribution vendor, InfoSend, Inc. (InfoSend), who is redesigning the bill distributed to utility customers. This report serves to provide an update about the bill redesign effort, and to share a mockup of the redesign, which is included as Attachment II.

Council Sustainability Committee
The Council Sustainability Committee received this information at the November 8, 2021 meeting and concurred with staff’s recommendation that the new bill design should highlight basic information and new payment options, outlined in the discussion below.

B

ACKGROUND AND DISCUSSION
Since Fall 2019, staff have been working to implement an AMI water customer portal that would enable customers to view details of their water consumption, sign up for leak alerts, and pay their bills in one, online, user-friendly location. At their May 18, 20211 meeting, the Council authorized the City Manager to execute an agreement with WaterSmart, Inc. (WaterSmart), for implementation of this customer portal platform. WaterSmart was selected following an extensive Request for Proposals and Pilot testing process, which is further detailed in the reports delivered to the Council Sustainability Committee (CSC) on March 9, 20202 and March 8, 20213.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4955269&GUID=10EF9795-0805-4832-BAFC-666221A843E9&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4389832&GUID=F46CB11A-247F-400F-AE74-907A02B58D6C&Options=&Search= 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=4816829&GUID=09108CFF-23E6-4179-8AD1-5A0C4732D469&Options=&Search=

In order to provide bill payment functionality within the WaterSmart customer portal, staff have entered into an agreement with third-party bill payment vendor Invoice Cloud., Inc. (Invoice Cloud), who will embed a range of payment services directly within the portal, effectively replacing the City’s current utility bill payment vendor, Tyler Munis’ Hayward Self Service (HSS). Partnering with Invoice Cloud was authorized by Council at their September 28, 2021 meeting4.

The third critical component to providing customers a robust water customer portal and bill payment experience is the ability to provide customers copies of their bill PDFs through the portal. This functionality is not currently possible through Tyler Munis. As such, with the authorization provided by Council at their September 28, 2021 meeting5, staff have also entered into an agreement with bill print and distribution vendor, InfoSend. InfoSend can perform all of the City’s physical bill distribution functions, like bill printing, sorting, and mailing, in addition to the necessary PDF archiving and water customer portal integration services, at lower rates than those currently paid to four vendors to provide limited versions of the same services. InfoSend can also provide pre-sorting, forwarding, address verification, and bill redesign services, which are not possible with the City’s current bill production and distribution vendors. Lastly, partnering with this new vendor also provides the opportunity to redesign the Hayward water bill.

On November 8, 20216, staff recommended to the CSC that the Hayward water bill be redesigned to improve the look, feel, and clarity of the information presented. This recommendation was made due to the fact that customers frequently request assistance from frontline customer service staff in identifying such basic information on their current Tyler Munis-generated bills as the amount owed and their account number. Updates to the billing template have not been possible in the past due to Tyler Munis inflexibility.

However, partnering with InfoSend and redesigning the water bill will now provide an opportunity to draw more direct and clear attention to these basic components of the bill, while also providing an opportunity to draw special attention to the new payment options that will soon be made available with the launch of the water customer portal and its Invoice Cloud payment features. For these reasons, the CSC concurred with staff’s recommendation.

Attachment II of this informational report features the latest mockup of the new water bill, which includes the redesign elements recommended to and selected by the CSC. Notably, the new design features space for custom image- based promotional materials, QR codes for improved ease of bill payment, reduced volum e of information on the bill back to avoid overwhelming customers, and an emphasis on encouraging online, paperless, and automatic payments. For reference, a current Hayward water bill has also been included as Attachment III.

4 https://hayward.legistar.com/LegislationDetail.aspx?ID=5149124&GUID=EFDEBD1F-1340-4DA0-BB07- 405A14419566&Options=&Search=
5 https://hayward.legistar.com/LegislationDetail.aspx?ID=5149124&GUID=EFDEBD1F-1340-4DA0-BB07- 405A14419566&Options=&Search=
6 https://hayward.legistar.com/LegislationDetail.aspx?ID=5207542&GUID=9BF16A08-C025-4B11-916A- 66AB230A90DF&Options=&Search=

ECONOMIC IMPACT

The customer portal, once fully implemented, will provide customers greater control over their water consumption, as they will have on-demand access to their water use metrics, their estimated water spending at any point in a billing period, and prompt leak notification and reduced water loss. The Portal will also likely aid the community in achieving greater water conservation over time.

FISCAL IMPACT

Partnering with InfoSend is anticipated to cost approximately $137,000 annually, or $411,000 over three years, which is $25,000 less per year than the City currently pays for equivalent services. There are sufficient funds in Water Operating Fund 605 to support partnering with this vendor.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project:

Project 13, Part 13.a: Develop and launch Advanced Metering Infrastructure (AMI) customer portal.

SUSTAINABILITY FEATURES

The AMI Customer Portal and larger AMI Project promote efficient water use and water conservation. The water consumption data provided by AMI technology will aid in the City’s efforts to measure the overall effectiveness of targeted conservation initiatives, and will also be used to inform customers about potential leaks or overly high consumption. Additionally, improving paperless billing enrollment with the launch of Invoice Cloud and InfoSend will have paper-saving and many other indirect environmental benefits by eliminating six bill production, mailing, and transportation/delivery service requirements per enrollment per year.

PUBLIC CONTACT

During Spring 2020, staff sought approximately 100 customer volunteers to participate in a Water Customer Portal Pilot Program. Staff also regularly engaged with the Pilot Customers for the duration of the four-month Pilot from October 2020 to February 2021. When the WaterSmart Customer Portal, Invoice Cloud, and InfoSend integration is complete, additional outreach will take place leading up to and following the Portal launch to maximize Portal signups, enrollment in paperless billing, and utilization of all the various electronic payment options that will become available to them.

NEXT STEPS

Staff is currently working with InfoSend to finalize and implement the bill redesign described in this informational report, with plans to launch the new bill to customers in the first quarter of 2022.

Prepared by: Kait Byrne, Acting Senior Management Analyst

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________
Kelly McAdoo, City Manager

Hayward Water System
PO Box 6004
Hayward, CA 94540
(510) 583-4600 TDD (510) 247-3340
Customer:

Service Address:

Account #:

Customer #:

Bill Date:

Bill #:

Previous Balance: Payment(s) Made: Unpaid Balance: Current Charges: Amount Due: Due Date:

Summary of Current Charges
Water
Sewer
Excise Tax
Total:

Water (1 Unit = 748 Gallons)
Meter #: Period: Days: Read Type: Start Read: End Read: Usage:

Tier 1 (First 1-8 Units)
Tier 2 (Next 9-25 Units)
Tier 3 (All Additional Units)
Service Charge
Total
3 Units
0 Units
0 Units
@ $5.80
@ $7.14
@ $8.41
$17.40
$0.00
$0.00
$32.00
35 30
25 20
15 10
5 0
Meter Usage History (in Units)

J F M A M J J A S O N D J Previous Year Current Year
Previous Year
Current Year
Units Gallons (Units x 748) Read Days Avg. Gal. Per Day Sewer
Lifeline Rate
Total:
$16.78
$16.78

HAYWARD WATER SYSTEM
PO BOX 6004
HAYWARD, CA 94540
0000000000 0000000000 0
Hayward Water System
PO Box 6004
Hayward, CA 94540
(510) 583-4600 TDD (510) 247-3340

JANE SAMPLE
12345 SAMPLE AVE.

HAYWARD, CA 94540
Please return this portion with your pavment if sending a payment through mail.

Do not send cash. Make checks payable to: Hayward Water System.

Total Amount Due: Due Date: Amount Enclosed:

Account #: Customer #:
$586.99 $0.00 $586.99 $72.18 $659.17 09/23/2021
$49.40
$16.78
$6.00
$72.18
REMIT PAYMENT TO:
$659.17 09/23/2021
*$5 late fee applies to late bills
Scan to pay or visit
HaywardCA.WaterSmart.com

SPACE FOR PROMOTIONAL MATERIAL

ATTACHMENT II - REDESIGN
..

Hayward Water System
Pay your bill online or by phone fee-free!
Online @ HaywardCA.WaterSmart.com I By phone @ (XXX) XXX-XXX Pay with cash at participating Walmart and other retail locations.

More info @ Hayward-CA.gov/XXXXXXX
In Person
Payments are accepted at Hayward City Hall,
located at 777 B Street:

Fee-free Self-Service Kiosk
Night Drop next to outdoor Kiosk
Revenue Division Cashier window
.

Hayward Solid Waste & Recycling Services
Waste Management - (510) 537-5500
Bulky Pick Up - (510) 537-5500
Other
Issues may also be reported at
Hayward-CA.gov/AccessHayward
Mail
Payments may be mailed to Hayward Water
System, PO Box 6004, Hayward, CA 94540. To
avoid late fees, allow for sufficient time for your
payment to reach the City and be processed
before your due date. Postmarks are not
accepted.

Other Questions?
Call (510) 583-4600
Other Helpful Contacts
Hayward Utility Billing Services
Revenue Division - (510) 583-4600
Hayward Utility System Services
Report Water Leaks - (510) 881-7933
Report Sewer Issues - (510) 881-7902
Report After-Hours Utility Emergencies - (510) 293-7000 Public Works & Utilities Dept. - (510) 583-4700

WATERSMART PORTAL/ SIGN UP FOR AUTOPAY/
GO PAPERLESS MESSAGE�
Scan to pay or visit
HaywardCA.WaterSmart.com
Other Payment Methods
Tips for Understanding your Bill
Scan or visit Hayward-CA.gov/XXXXXXXX

ATTACHMENT II - REDESIGN

UTILITY BILL

REMIT PORTION

UTILITY BILL
Customer Copy
Keep this portion for your records
Amount DueService Address Bill Number Delinquent DateAccount # - Customer # -

M MANUAL READ

O OTHER READ

P POST CARD READ

R REMOTE READ

S SWAPPED METER

T TELEPHONE READ

U UPDATED BILL

V VAN DATA PACK

W WATER COMPANY
" Detach and return the portion below with your payment " Delinquent DateBill DateBill Number
Account Number - Customr Number
Current
Meter ReadingMeter Previous
Read Date
Current
Read Date
Previous
Meter Reading
Read
Code Charge

DUE UPON RECEIPT
Read
Days
Please write your Account and Customer number on your
check, and enclose this portion of bill with your payment.

HAYWARD WATER SYSTEM
P.O. BOX 6004
HAYWARD, CA 94540
(510) 583-4600 TDD (510) 247-3340
PAY BILL ONLINE AT: http://www.hayward-ca.gov/hss
Charge Description Units
(100 cu. ft.)

HAYWARD WATER SYSTEM
P.O. BOX 6004
HAYWARD, CA 94540
(510) 583-4600 TDD (510) 247-3340
PAY BILL ONLINE AT:
http://www.hayward-ca.gov/hss
Total Current Billing
Previous Balance
Adjustments
Deposit Applied
Less Payments Received
Total Amount Due
READ
CODE:

A
E
F
M
=
=
=
=
Actual
Estimate
Final
Manual
Gallons (Units X 748) Read Days
Gallons (Units X 748)
Avg. Gal. Per Day
Read Days Avg. Gal. Per Day
Current Usage
Units
Prior Year Usage
Units
3 632244 36
3 2244 62 36
00006042022202212002600000659177
2212002 09/06/2021 0001112131 - 0005678910 09/23/2021

72.18 586.99
.00
.00
.00
$659.17
NEW FEE-FREE PAYMENT KIOSKS AT CITY HALL! PAY YOUR BILL 24/7 WITH CASH, CHECK, OR CARD FOR FREE AT OUR OUTDOOR PAYMENT KIOSK. LOCATED ON THE WATKINS SIDE OF CITY HALL AT 777 B ST. IN DOWNTOWN HAYWARD.

ADDITIONAL KIOSK LOCATED INSIDE. CALL 510-583-4600 WITH QUESTIONS. 09/23/2021
001112131 0005678910 $659.17221200212345 SAMPLE AVE

JANE SAMPLE
12345 SAMPLE AVE.

HAYWARD, CA 94541-2927
WATER USAGE 06/28/21 08/30/21 637077 115 118 A
TIER 1: 1-8 @ 5.80/UNIT 3 17.40
METER SERVICE 32.00
SEWER 16.78
EXCISE TAX 6.00
Customer Name
Jane Sample
Service Address
12345 Sample Ave.

ATTACHMENT III

CURRENT BILL TEMPLATE

FOR REFERENCE
Understanding Your Bill

AUTOMATIC PAYMENTS AUTHORIZATION FORM
Payment Methods
Elderly or Disabled Customers:

If you desire third party notification for all account notices, please submit a letter from the third party accepting responsibility. Verification of your disability or age is necessary. Please call (510) 583-4600 for more information.

Charges Are Due Upon Bill Receipt:

Charges on your bill are due and payable now. The charges will be delinquent if not paid by the delinquent date printed on the reverse side of this bill, and at that time a $5 late fee will be assessed. Delinquent accounts may result in the discontinuance of service and incur reconnection fees.

Also, in compliance with HMC §11-3, delinquent charges may be added as an assessment to the property owner’s Alameda County property tax bill, at which time additional fees and interest may be assessed. If you have any questions about this bill, please contact the Revenue Department at (510) 583-4600 for an explanation.

Stopping Service / Person Responsible for Payment:

The party that initially signed up for service is responsible for the payment of charges until we are contacted to discontinue service or a new party requests to establish a new account. We are unable to backdate account closure dates, and per Hayward Municipal Code, it is the sole responsibility of the account holder to cancel service and close the account. Contact our office at least 48 hours prior to the date you wish to stop service at (510) 583-4600, or email your name, account number, forwarding address, phone number, and the requested service stop date to [email protected] .

Note – we do not complete account shut-offs on Fridays, weekends, or holidays. Also, you will receive a final bill.

Automatic Payment – sign up for FEE-FREE automatic payments from your checking account! Visit www.hayward-ca.gov/EFTform or fill out the form down below and submit along with your check. Please allow one billing period for automatic payments to take effect.

Credit Card / Debit Card – pay with your credit or debit card online at www.hayward-ca.gov/HSS, or over the phone by calling 1-855-385-9416. A convenience fee will apply.

Bank Account - PAY FOR FREE directly from your bank account via Paystand by visiting www.hayward-ca.gov/HSS for more information.

In Person – visit the Cashier in the Revenue Division, Hayward City Hall during the office hours listed above to pay your bill in person.

By Mail – to: Hayward Water System
P.O. Box 6004
Hayward, CA 94540
If mailing your payment, to avoid the imposition of late fees and interest, allow for sufficient time for your payment to reach the City and be processed before your Delinquent Date. Postmarks are not accepted.

Night Drop – A drop box is located on the east side of the City Hall building facing Watkins Street. Check or money order only.

Signature: _______________________________________________ Date: _________________

1. Complete this form with your Financial Institution information and signature. Your signature confirms that you have read and understood the terms & conditions stated at www.hayward-ca.gov/EFTform.

2. For security purposes, please ensure that the name on the check matches the account holder’s name. Submitted check must contain the same information as given below.

3. Mail this completed form in with your CHECK payment or bring it into the office at the address listed above or drop it off in our Night Drop Box. Please allow one billing period for automatic payments to take effect. Your bill will be noted, "EFT is set-up. Payments are deducted the Friday prior to the Delinquent Date." If this is not on your bill, EFT has not been set up. Continue to make payments as normal until you see this notice.

Hayward Water System, 777 B Street, Hayward, CA 94541
Office hours are: Monday – Thursday 8:00 am – 6:00 pm; Friday 8:00 am – 12:00pm Customer Service (510) 583-4600
After Hours Emergencies: (510) 293-7000
TDD: (510) 247-3340
Get your bill by email! Email [email protected] or enter your email address here:

Description of Charges:

1. Water Usage Charges – based upon the amount of water used during the billing cycle and the property’s location inside or outside of incorporated Hayward. (1 Unit = 100 Cubic Feet = 748 Gallons). Your charges are also based on a tier structure with units costing more as you use more water.

2. Meter Service Charge – this assists in recovering the costs of system maintenance, reading meters, and servicing and billing customer accounts.

The charge is a flat-rate based on the size of the meter.

3. Sewer Charge – reflects the costs of sewer system maintenance and waste treatment. Sewer rates for residential customers are a Standard bi-monthly rate that is discounted when water usage is between 0-4 units (Lifeline Rate) and 5-8 units (Economy Rate).

4. Other Charges – charges that could appear on your bill include, but are not limited to: service initiation, deposit, service restoration, and collection notification.

5. Emergency Services Facilities Tax – this excise tax is a general tax levied on all residences in the City of Hayward. For residences receiving individual service through the Hayward Water System, the tax rate is $36 per year, billed $6 bi-monthly on your utility bill. For information or questions, email [email protected]
or visit www.hayward-ca.gov/esft.

6. Returned Check Fee – A minimum fee of $25 is charged if a check is returned from the bank for any reason. Additional collection charges may also apply.

Low Income Discount:

A low income discount is available if total gross family income falls below the maximum allowable income limit. For an application and to see income limits, please call (510) 583-4600, or visit:
www.hayward-ca.gov/lowincomeapplication .
www.hayward-ca.gov
@cityofhayward
Pay-By-Phone: 1-855-385-9416
($500 max payment per call)
Bank Name:

Routing Number (9 digits only):

Account Number:

ATTACHMENT III

CURRENT BILL TEMPLATE

FOR REFERENCE