Hayward City Council
June 24, 2025

Tuesday, June 24, 2025
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda

June 24, 2025City Council Agenda

CONCURRENT MEETING OF CITY COUNCIL AND

GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:

1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

How to provide live Public Comment during the City Council Meeting:

Participate in the Council Chambers or click link below to join the meeting:
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Password: CC6/24@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 820 4536 1799
Password: 5543623580

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

BOARD OF DIRECTORS MEETING
CALL TO ORDER: Mayor/GHAD Chair Salinas
Pledge of Allegiance: Council Member/GHAD Board Member Roche AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

June 24, 2025City Council Agenda

ROLL CALL

PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the GHAD Board on items not listed on the agenda. As the GHAD Board is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to GHAD staff.

CONSENT
Approve the GHAD Minutes of the Board Meeting of November 19, 2024
MIN 25-0791.

Attachments: Attachment I Draft Minutes of 11/19/2024

LEGISLATIVE BUSINESS
Resolution Approving the Geologic Hazard Abatement District (GHAD) Budget for the Fiscal 2025-2026 Year and Updating the Annual Consumer Price Index (CPI) Reference Month to
December (Report from GHAD Manager Ralston)
LB 25-0192.

Attachments: Attachment I GHAD Staff Report
Attachment II GHAD Resolution Budget 25-01
Attachment III GHAD Program Budget FY 2025-26
GHAD Manager's Report
An oral report from the GHAD Manager on ongoing activities, events, or other items of general interest to the GHAD and the public, if any.

GHAD Boardmembers’ Reports, Referral, and Future Agenda Items Oral reports from GHAD Boardmembers on their activities, referrals to GHAD staff, and suggestions for future agenda items, if any.

Next Meeting: No future meetings are scheduled. All future meetings will be noticed.

The Hayward Geologic Hazard Abatement District Board of Directors Adjourns and Reconvenes into the Meeting of the City Council.

June 24, 2025City Council Agenda

CITY COUNCIL MEETING

CLOSED SESSION ANNOUNCEMENT

PRESENTATION
LGBTQIA+ Pride Month Proclamation

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

HAYWARD YOUTH COMMISSION
Hayward Youth Commission: Adopt a Resolution Confirming the Appointment and Reappointment of Hayward Youth
Commission Members (Report from City Clerk Lens)
APPT 25-0011.

Attachments: Attachment I Staff Report
Attachment II Resolution

June 24, 2025City Council Agenda

CONSENT
Approve the Minutes of the Special Joint Hayward City
Council/Redevelopment Successor Agency/Housing Authority Board Meeting on June 17, 2025
MIN 25-0812.

Attachments: Attachment I Draft Minutes of 6/17/2025
Adopt a Resolution Authorizing the City Manager to Execute an Updated Community Workforce Agreement with the Alameda
County Building Trades Council and Finding that the Action is Exempt from Environmental Review (Item carried from June 17, 2025)
CONS 25-2763.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Community Workforce Agreement
Adopt a Resolution Authorizing the City Manager to 1) Accept and Appropriate $246,855, from Alameda County Health for School-Based Mental Health Services for Fiscal Year 2025 Through 2026, and 2) Negotiate and Execute an Agreement with the County for Such Services
CONS 25-2774.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions Authorizing the City Manager to Negotiate and Execute Agreements with Non-Profit Service Providers for Fiscal Year 2025-2026 Emergency and Interim Shelter
Operations
CONS 25-2825.

Attachments: Attachment I Staff Report
Attachment II Resolution HNC
Attachment III Resolution FPCH (SHP)
Adopt a Resolution Authorizing the City Manager to 1) Accept and Appropriate $650,000, from the Alameda County Probation Department to Provide Positive Youth Development
Community Programs for Fiscal Years 2026 and 2027, and 2) Negotiate and Execute a Two-Year Agreement for Such Services CONS 25-2786.

Attachments: Attachment I Staff Report
Attachment II Resolution

June 24, 2025City Council Agenda
Adopt a Resolution: (1) Declaring a City Council Recess from July 1, 2025, through August 15, 2025; (2) Cancelling the Regular City Council Meetings Scheduled for July 1, 15 and 22, and August 5, 2025; and (3) Authorizing the Acting City Manager, or their Designee, to Take Action on Administrative Matters as Necessary During the Recess
CONS 25-2877.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Agreements and Other Documents with the California
Department of Transportation (Caltrans) to Accept and
Appropriate State and Federal Funded Payments of $2,754,684 for the Pedestrian Traffic Signal Modifications Project, Project No. 05175; the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716; and the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308
CONS 25-2888.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Confirming the Report and Special
Assessment List Associated with Delinquent Garbage Bills Incurred by Residential Property Owners with Cart Service CONS 25-2899.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III List of Delinquent Accounts
Adopt a Resolution Authorizing the City Manager to Accept a $50,000 Payment from Fairview Fire Protection District and to Transfer $100,000 in Mutual Aid Reimbursement Funds
Annually to Facilitate the Completion of a Contract to Acquire a Management Fellow from ICMA for a Two-Year Term with the Hayward Fire Department
CONS 25-29110.

Attachments: Attachment I Staff Report
Attachment II Resolution

June 24, 2025City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Five (5) Professional Services Agreements with Applied Materials and Engineering, Inc., Certerra RMA Group, ISI Inspection Services, Inc., Quality Assurance Engineering, Inc., and Signet Testing Laboratories, Inc., for On-Call Material Testing and Special Inspection Services, from September 1, 2025, to August 31, 2028, in an Amount of $150,000 Annually per Firm, with an Aggregate Not-to-Exceed Amount of
$500,000
CONS 25-30311.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Agreement with Redwood Painting
Co., Inc., Increasing the Agreement Amount by $215,239, for the Final Project Cost of the Water Resource Recovery Facility (WRRF) North Vacuator Rehabilitation Project, Project No. 07818, and Appropriating Funds in the Amount of $230,239 from Sewer System Replacement Fund (Fund 611)
CONS 25-30712.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt an Ordinance Amending Reach Codes for the City of Hayward by Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2); and Amending the Building Code of the City of Hayward (Chapter 9, Article 1) of the Hayward
Municipal Code
CONS 25-32313.

Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
Adopt a Resolution Approving Addendum No. 1 and Awarding a Construction Contract to Terocons, Inc., for the FY23 and FY24 New Sidewalks Project - Clawiter Road and Industrial Blvd, Project Nos. 05305 and 05331 in the Amount of
$1,185,290 in Addition to Approving $118,529 in
Administrative Change Orders (Construction Contingencies) CONS 25-32614.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map

June 24, 2025City Council Agenda
Adopt Resolutions Authorizing the City Manager to Execute Contract Amendments with AEI Consultants by Increasing the Not-to-Exceed Amount to $600,000 and DLR Group Inc., by Increasing the Not-to-Exceed Amount to $6,317,369, to
Support the Construction of the Stack Center Phase II Project CONS 25-32715.

Attachments: Attachment I Staff Report
Attachment II Resolution for AEI Contract Amendment
Attachment III Resolution for DLR Contract Amendment
Adopt a Resolution Authorizing the City Manager to Execute an Operations and Lease Agreement for Stack Center Phase I Between the City of Hayward and a Joint Partnership
Comprising Eden Youth and La Familia
CONS 25-32816.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Approve an Increase to the Existing Contract with Prenuvo Radiology for Cancer and Health Screening Services for the Hayward Fire Department in a Not-To-Exceed Amount of $105,047.00
CONS 25-33617.

Attachments: Attachment I Staff Report
Attachment II Resolution

PUBLIC HEARING
LLAD 96-1 Assessment Hearing: Adopt a Resolution to
Approve the Final Engineer's Report, Reconfirm Maximum
Base Assessment Amounts, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Adopt a Resolution to Approve Funding
Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18, for Fiscal Year 2026 (Report from Maintenance Services Director Rullman)
PH 25-03218.

Attachments: Attachment I Staff Report
Attachment II Engineer's Report Resolution
Attachment III Funding Recommendations Resolution
Attachment IV Final Engineer's Report
Attachment V Assessment Roll

June 24, 2025City Council Agenda
MD-1 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base
Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way,
Stratford Road and Ruus Lane, for Fiscal Year 2026 (Report from Maintenance Services Director Rullman)
PH 25-03419.

Attachments: Attachment I Staff Report
Attachment II Engineer's Report Resolution
Attachment III Funding Recommendations Resolution
Attachment IV Final Engineer's Report
Attachment V Assessment Roll
MD-2 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base
Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 2 - Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2026 (Report from Maintenance Services Director Rullman)
PH 25-03520.

Attachments: Attachment I Staff Report
Attachment II Engineer's Report Resolution
Attachment III Funding Recommendations Resolution
Attachment IV Final Engineer's Report
Attachment V Assessment Roll

June 24, 2025City Council Agenda

LEGISLATIVE BUSINESS
Adopt a Resolution Approving the Hayward Police
Department’s Annual Military Equipment Use Report for April 2024 Through March 2025 and Renewing Ordinance 22-06
Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481 (Report from Acting City Manager Lawson and Police Chief Matthews)
LB 25-02021.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Military Equipment Use Report
Attachment IV Military Equipment Use Policy
Attachment V Ordinance 22-06
Attachment VI Inventory List
Council-Appointed Officer’s Employment Agreement: Adopt a Resolution Approving an Employment Agreement between the City of Hayward and Jayanti Addleman to Serve as the Interim City Manager and Authorize the Mayor to Execute the
Agreement
LB 25-02222.

Attachments: Attachment I Staff Report
Attachment II Resolution

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).

COUNCIL REFERRALS
Oral reports from Council Members on their activities, referrals to staff, and suggestions for future agenda items.

ADJOURNMENT
COUNCIL RECESS: July 1, 2025 - August 15, 2025
NEXT REGULAR MEETING, August 19, 2025

June 24, 2025City Council Agenda

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].

Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 25-079
DATE: June 24, 2025
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager

SUBJECT
Approve the GHAD Minutes of the Board Meeting of November 19, 2024.

RECOMMENDATION
That the GHAD Board approves the GHAD meeting minutes of November 19, 2024.

SUMMARY
The GHAD Board held a GHAD Board meeting on November 19, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 11/19/2024
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 1
powered by Legistar™
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MINUTES OF JOINT CITY COUNCIL/HAYWARD GEOLOGIC HAZARD

ABATEMENT DISTRICT BOARD MEETING

OF THE CITY OF HAYWARD
Council Chambers
777 B Street, Hayward, CA 94541
Tuesday, November 19, 2024
The Joint City Council/Hayward Geologic Hazard Abatement District Board meeting was called to order by Board Chair Salinas at 7:01 p.m.

ROLL CALL

Present: BOARD MEMBERS Andrews, Bonilla, Roche, Goldstein, Syrop, Zermeño and Chair Salinas

Absent: None

PUBLIC COMMENT
None.

CONSENT CALENDAR

1. Approve the GHAD Minutes of the Board Meeting of June 18, 2024. It was moved by Board member Syrop and seconded by Board member Andrews to approve the minutes; the motion carried unanimously (7-0-0).

PUBLIC HEARING

2. GHAD Manager Haley Ralston presented the staff report regarding the proposed transfer of Plan of Control responsibilities from Hayward Tennyson Land, LLC, the developer of the Hideaway development project (Tract 8439), to the Hayward GHAD. The GHAD Manager has verified that the facilities for which the GHAD will have maintenance responsibilities have been constructed and are in satisfactory condition. All punchlist items and GHAD-maintained improvements/facilities have been addressed by the developer and the GHAD Manager has determined that all parcels within the Hideaway development are eligible for transfer to the GHAD. In addition to transfer of eligible parcels, the developer has also offered two open space parcels, Parcel L and Parcel M, to the GHAD for ownership.

There was no public comment on this item.

Motion by Board member Zermeño (seconded by Board member Roche) to approve Resolution No. 24-02 approving the transfer of plan of control responsibilities for all parcels within the Hideway development from Hayward Tennyson Land, LLC to the GHAD and authorize the GHAD Manager to Accept Title to APN 78C-806-4 (Parcel L) and APN 78C-807-1 (Parcel M); the motion carried unanimously (7-0-0).
2 50650406.3/517102.0001

3. GHAD MANAGER REPORT
The GHAD Manager reported that all GHAD properties are in good working order and ready for the upcoming winter season.

GHAD BOARD MEMBERS’ REPORTS, REFERRAL, AND FUTURE AGENDA ITEMS

4. None.

ADJOURNMENT
GHAD Board Chair Salinas adjourned the meeting at 7:11 pm.

APPROVED:

Mark Salinas, Board Chair,
Hayward Geologic Hazard Abatement District
______________________________
Amara Morrison, Clerk and General Counsel
Hayward Geologic Hazard Abatement District

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-019
DATE: June 24, 2025
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager

SUBJECT
Resolution Approving the Geologic Hazard Abatement District (GHAD) Budget for the Fiscal 2025-2026 Year and Updating the Annual Consumer Price Index (CPI) Reference Month to December

RECOMMENDATION
GHAD staff recommends that the Hayward GHAD Board of Directors adopt Resolution 25-01 approving the GHAD budget for the 2025/26 fiscal year, and updating the annual Consumer Price Index reference month to December.

SUMMARY
The GHAD Board of Directors (Board) has accepted monitoring, maintenance, and/or ownership of selected parcels within The Reserve (formerly La Vista) and Hideaway (formerly Ersted) developments within the Hayward GHAD. The proposed budget allows funding of accepted GHAD responsibilities for the 2025/26 fiscal year from July 1 to June 30. The proposed budget for the 2025/26 fiscal year is $260,804.

ATTACHMENTS
Attachment I GHAD Staff Report
Attachment II GHAD Resolution
Attachment III GHAD Program Budget Fiscal Year 2025/26
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 1
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52259341.1/517102.0001

HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT

TO: Hayward GHAD Board of Directors

FROM: GHAD Manager

BOARD MEETING DATE: June 24, 2025

SUBJECT: Resolution Approving the Geologic Hazard Abatement District (GHAD) Budget for the 2025/26 Fiscal Year and Updating the Annual Consumer Price Index (CPI) Reference Month to December

RECOMMENDATION(S):

Staff recommends that the Hayward GHAD Board of Directors adopt Resolution 25-01 approving the GHAD budget for the 2025/26 fiscal year, and updating the annual Consumer Price Index reference month to December.

SUMMARY:

The GHAD Board of Directors (Board) has accepted monitoring, maintenance, and/or ownership of selected parcels within The Reserve (formerly La Vista) and Hideaway (formerly Ersted) developments within the Hayward GHAD.The proposed budget allows funding of accepted GHAD responsibilities for the 2025/26 fiscal year from July 1 to June 30. The proposed budget for the 2025/26 fiscal year is $260,804.

BACKGROUND AND DISCUSSION:

Hayward City Council adopted Resolution 16-030 approving the formation of the Hayward GHAD and the Plan of Control for The Reserve (La Vista) development within the Hayward GHAD on March 1, 2016.

The GHAD Board accepted monitoring, maintenance, and/or ownership of selected parcels within The Reserve (La Vista) development within the GHAD with the approval of Resolution 20- 01 on February 25, 2020, and Resolution 23-04 on November 14, 2023. Additionally, the Board accepted monitoring, maintenance, and/or ownership of all parcels within the Hideaway (formerly Ersted) development on November 19, 2024, with the approval of Resolution 24-02.

The adopted Plans of Control for each development summarize the GHAD’s responsibilities and the approved Engineer’s Reports established a budget and assessment limit for residential properties for each development.

The following are improvements owned and/or maintained by the GHAD and activities funded through the proposed budget.

• General maintenance of the surface drainage improvements • General maintenance of storm drain inlets and outlets in open space, subdrain outlets, and risers
52259341.1/517102.0001
• Maintenance of concrete-lined drainage ditches
• Maintenance of existing property line/boundary fencing • Inspection and maintenance of surface water quality treatment, water quality pond, and detention basins
• Retaining wall east of Alquire Parkway at the northwest corner of the Moita property • Maintenance roads associated with the water quality pond and the detention basins • Maintenance roads/trails over public water mains on the GHAD-owned parcels • Debris benches and walls
• Subdrains
• Storm drain inlets, outfalls, and pipelines within the GHAD-owned parcels • Maintenance including trails (other than City-owned public trails) within the GHAD- owned parcels
• Slopes including Hayward Concentrated Fault Zone
• Vegetation control for fire suppression

The Hayward SoMi d evelopment is eligible to begin the transfer process for Plan of Control responsibilities during FY 2025/26 therefore, we have not included funding for the Hayward SoMi development in the FY 2025/26 budget.

The GHAD has been levying and collecting assessments since FY 2017/18. For the 2025/26 FY, all 179 residential units within The Reserve development , all 59 residential units within the Hideaway development, and all 189 residential units within the Hayward SoMi development, for a total of 427 units, are subject to the levy of a GHAD assessment. Parcels are subject to the levy starting the first fiscal year following issuance of a building permit.

In FY 2022/23, the GHAD was ahead of its target rate of reserve accumulation forecast estimate in the approved 2016 Engineer’s Report for The Reserve Development, therefore GHAD Staff recommended, and the Board approved , suspension of the levy for residences within The Reserve development for FY 2023/24 only. Staff provided this recommendation based on the following conditions:

• Unencumbered reserve funds collected from within The Reserve Development exceed the target reserve amount estimated in the approved Engineer’s Report • Reserve funds collected from within The Reserve Development exceed the dollar amount estimated for a large-scale repair
• Plan of Control responsibilities have been transferred from the developer to the GHAD

While the GHAD is still ahead of its target rate of reserve accumulation, the projected reserve balance is still below the target reserve forecast in each development’s Engineer’s Report . For FY 2025/26, we recommend an assessment levy of $1,217.50 to fund annual maintenance and operations and reserve accumulation towards the target reserve balance. For the Hideaway and Hayward SoMi developments, staff still recommends that the FY 2025/26 levy be imposed at the assessment limit, as the listed conditions above have not been met yet for these developments .

The total assessment revenue for the Hayward GHAD for FY 2025/26 is estimated at $402,807.

As provided in the approved Engineers ’ Reports, the assessment limit s for each of the three developments (The Reserve, Hideaway, and Hayward SoMi) will continue to be adjusted for inflation annually. Any proposed levy suspension or annual levy below the allowed ass essment limit in the future for any of the developments within the GHAD does not preclude the Board in the future from increasing or decre asing the levy of the assessment up to the inflation -adjusted assessment limit. This determination is made by the Board each year when approving the annual 52259341.1/517102.0001
budget for the GHAD . As long as the Board levies future assessments in accordance with the Engineer's Report, a vote of property owners is not required; a vote is only required if the assessment limit is increased beyond that allowed in the Engineer's Report.

The proposed program budget for fiscal year 2025/26 is $260,804. The budget expenses break down into the following amounts:

Administration- GHAD Manager ................................ . $ 35,600 Administration - Outside Professional Services .......... $ 27,404 Preventive Maintenance and Operations .................. $191,800 Special Projects ................................ ............................ $6,000 Major Repair ................................ ................................ ....... $0 Total Expenses ................................ ........................ $ 260,804

Lastly, the Board of Directors approved the Engineer’s Report for each development in the GHAD and set the initial assessment limits. The assessment limits have been adjusted annually on June 30 to reflect the percentage change in the San Francisco-Oakland-Hayward Consumers Price Index (CPI) for All Urban Consumers. GHAD Staff are proposing to update the annual CPI reference month to December to provide the Board of Directors with more precise budget and assessment figures during annual budget approval. The FY 2025/26 budget has been prepared referencing the December 2024 published CPI.

FISCAL IMPACT:

The Hayward GHAD is proposing a budget of $260,804 for anticipated management and maintenance fees for the 2025/26 fiscal year. At the beginning of the 2025/26 fiscal year, the cumulative reserve is estimated at approximately $1,350,000, and approximately $1,530,00 at the end of the 2025/26 fiscal year.

The Hayward GHAD operates as a separate entity from the City of Hayward; therefore, there is no fiscal impact to the City of Hayward.

NEXT STEPS:

None.

Prepared by: The GHAD Manager, Raley Ralston

Recommended by: GHAD Manager, Raley Ralston

ATTACHMENTS:

A. Resolution No. 25-01
48739100.1/517102.0001

THE BOARD OF DIRECTORS OF HAYWARD GEOLOGIC HAZARD A B A T E M E N T

DISTRICT
RESOLUTION NO. 25-01
APPROVING THE BUDGET FOR FISCAL YEAR 2025/26 FOR THE HAYWARD GEOLOGIC

HAZARD ABATEMENT DISTRICT (GHAD) AND UPDATING THE ANNUAL CONSUMER

PRICE INDEX (CPI) REFERENCE MONTH TO DECEMBER
WHEREAS, on March 1, 2016, the City Council adopted Resolution 16- 030, approving and ordering t h e formation of the Hayward Geologic Abatement District (GHAD) as described in the GHAD Plan of Control for the La Vista subdivision (Tract 7620) and appointed itself to act as the GHAD Board of Directors (the "Board"); and WHEREAS, the GHAD Manager, ENGEO, has prepared a budget for Fiscal Year (FY) 2025/26 and attached as Attachment 1; the estimated budget amount for management, maintenance, and repair responsibilities of the GHAD for FY 2025/26 is $260,804; and
WHEREAS, the GHAD Board of Directors desires to adopt the budget for FY 2025/26; and
WHEREAS, the GHAD Board of Directors desire to update the annual CPI reference month to December; and
NOW, THEREFORE, BE IT RESOLVED that the Hayward GHAD Boardof Directors hereby orders that:

1. The GHAD Board approves the GHAD Budget for the FY 2025/26 attached as Attachment 1.

2. The GHAD Board of Directors approves updating the annual CPI reference month to December.

3. The recitals are incorporated herein by this reference.

4. This Resolution shall become effective immediately upon its passageand adoption.

IN COUNCIL, HAYWARD, CALIFORNIA June 24, 2025
ADOPTED BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

A T T E S T : _____________________
Attachment II
48739100.1/517102.0001
Clerk of Hayward Geologic Hazard Abatement District Board of Directors APPROVED AS TO FORM:
__________________________________________________
General Counsel of the Hayward Geologic Hazard Abatement District Attachment 1- Hayward GHAD Budget for Fiscal Year 2025-2026

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
PROGRAM BUDGET FOR FISCAL YEAR 2025/26
Attachment III

2633 Camino Ramon, Suite 250  San Ramon, CA 94583  (925) 866-9000  [email protected] www.engeo.com

June 6, 2025

Hayward Geologic Hazard Abatement District Board of Directors Chair Mark Salinas
Boardmember Julie Roche
Boardmember Angela Andrews
Boardmember Ray Bonilla Jr.

Boardmember Dan Goldstein
Boardmember George Syrop
Boardmember Francisco Zermeño

Hayward Geologic Hazard Abatement District
777 B Street
Hayward, CA 94541

Subject: The Reserve (La Vista) Development
Hideaway (Ersted Property) Development
Hayward SoMi Development
Hayward Geologic Hazard Abatement District
Hayward, California

PROGRAM BUDGET FOR FISCAL YEAR 2025/26

Dear Chair Salinas and Boardmembers:

Attached is the program budget for the Hayward Geologic Hazard Abatement District (GHAD) for Fiscal Year (FY) 2025/26. The proposed program budget is $260,804. The budget expenses are broken down into the following amounts.

Administration – GHAD Manager ................................ $35,600 Administration - Outside Professional Services ........... $27,404 Preventive Maintenance and Operations .................. $191,800 Special Projects ................................ ............................ $6,000 Major Repair ................................ ................................ ....... $0

The budget anticipates FY 2025/26 revenue of $402,807, with an estimated contribution of $179,503 to the reserve fund. A summary of the expenses is shown in Table 3, followed by a brief description of each budget item on the following pages.

If you have any questions regarding the contents of this letter, please contact us.

Sincerely,

Hayward Geologic Hazard Abatement District
ENGEO Incorporated, GHAD Manager
ENGEO Project No. 6671.002.024

Haley Ralston Robert H. Boeche

hjr/rhb/jg

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 1

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT

PROPOSED PROGRAM BUDGET
FISCAL YEAR 2025/26

The following proposed program budget summarizes the anticipated revenues and expenditures for FY 2025/26 for the Hayward Geologic Hazard Abatement District (GHAD), which includes The Reserve ( formerly known as La Vista (Tract 7620) ), Hideaway (formerly known as Ersted Property (Tract 8439)), and Hayward SoMi (Tracts 8605 and 8 614) developments. The structure of the Hayward GHAD is shown below.

EXHIBIT 1: Hayward GHAD

The GHAD has accepted maintenance and monitoring responsibilities for the majority of the parcels within the GHAD for The Reserve (La Vista) and Hideaway (Ersted) developments except for those listed in Table 1. The GHAD accepted responsibilities for the parcels within each development by resolution on February 25, 2020, November 14, 2023, and November 19, 2024.

The parcels listed in Table 1 within The Reserve development have been offered to the GHAD but have not yet been accepted by the GHAD due to “punch list ” items that remain to be completed.

TABLE 1: Parcels Not Yet Accepted within The Reserve Development ASSESSOR’S PARCEL NUMBER DESCRIPTION (Tract 7620) GHAD OWNERSHIP 83-477-2 Parcel A No
83-477-5 Parcel P No

Based on our discussions with the City of Hayward, construction on the park site (Parcel “A”) may start sometime in 2025; therefore, the future GHAD-maintained improvements on Parcel A may be offered for transfer in the 2025/26 fiscal year.

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 2

Parcels within the Hayward SoMi development are eligible for transfer during FY 2025/26, as eligibility occurs a minimum of 3 years after issuance of the first residential building permit, which was during FY 2021/2022. The GHAD Manager will work with the developer of Hayward SoMi on the transfer process and bring transfer of GHAD responsibilities to the GHAD Board for approval when ready.

The GHAD is funded through real property assessments. The Board of Directors approved the Engineer’s Report for each development in the GHAD and set the initial assessment limits. The assessment limits have been adjusted annually on June 30 to reflect the percentage change in the San Francisco -Oakland-Hayward Consumers Price Index (CPI) for All Urban Consumers.

GHAD Staff are proposing to update the annual CPI reference month to December . The FY 2025/26 budget has been prepared with the December 2024 published CPI.

The annual assessment limits are shown in Table 2.

TABLE 2: Actual CPI Adjustments and Assessment Limit for Residential Properties FISCAL
YEAR
INDEX
DATE
SAN

FRANCISCO-

OAKLAND-

HAYWARD
CPI
THE

RESERVE
ANNUAL

ASSESSMENT
LIMIT1
THE

RESERVE
ANNUAL

ASSESSMENT
LEVY1

HIDEAWAY
ANNUAL

ASSESSMENT

LIMIT AND
LEVY1

HAYWARD
SOMI

TOWNHOMES
ANNUAL

ASSESSMENT

LIMIT AND
LEVY1

HAYWARD SOMI

CONDOMINIUMS
ANNUAL

ASSESSMENT

LIMIT AND
LEVY1
2016/2017 $1,502.00 $1,502.00
2017/2018 6/30/2017 3.48% $1,554.30 $1,554.30
2018/2019 6/30/2018 3.91% $1,615.03 $1,615.03 $932.00
2019/2020 6/30/2019 3.22% $1,666.96 $1,666.96 $961.96
2020/2021 6/30/2020 1.62% $1,693.90 $1,693.90 $977.51
2021/2022 6/30/2021 3.16% $1,747.34 $1,747.34 $1,008.35 $567.00 $454.00 2022/2023 6/30/2022 6.80% $1,866.14 $0.002 $1,076.91 $605.55 $484.87 2023/2024 6/30/2023 2.88% $1,919.87 $0.002 $1,107.91 $622.98 $498.83 2024/2025 6/30/2024 3.24% $1,982.02 $931.00 $1,143.78 $643.15 $514.97 2025/2026 12/30/2024 2.38% $2,029.17 $1,217.50 $1,170.99 $658.45 $527.22 1 If assessment limit is an odd number, the annual levy is rounded down to nearest even cent. 2 The assessment levy was suspended for The Reserve development only.

For FY 2024/25, all 179 residential parcels within The Reserve development, all 59 residential parcels in the Hideaway development , and 130 of 189 residential units in the Hayward SoMi development were subject to the levy of a GHAD assessment. Parcels are subject to the levy starting the first fiscal year following issuance of a building permit. As discussed below, an assessment was not levied on residential parcels within The Reserve development in FY 2022/23 and 2023/24 as minimum account balance and other conditions were met for this development.

The final asse ssment roll prepared for the 202 4/25 fiscal year and submitted to the Alameda County Assessor’s Office identified 279 parcels subject to the levy of the GHAD assessment. The total levy amount for the 2024/25 FY was $315,712.82.

Based on the San Francisco-Oakland-Hayward CPI data reported in December 2024, an annual inflation rate adjustment rate of 2.38% will be used for FY 2025/26. We estimate that 427 residential units will be subject to assessment in FY 2025/26. Parcels are subject to the levy starting the first fiscal year following issuance of a building permit.

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 3

The GHAD is ahead of its target reserve rate of accumulation for ecast in the approved 2016 Engineer’s Report for The Reserve development. The excess revenue is primarily due to lower expenses than anticipated, as discussed below. In general, we have, and may in the future, recommended an annual assessment levy amount less than the assessment limit if the listed conditions below are met. The budget prepared provides that The Reserve residential parcel levy be set at $1,217.50 for FY 2025/26 to fund annual maintenance and operations and reserve accumulation.

• Unencumbered reserve funds collected from within a development exceed the target reserve amount estimated in the approved Engineer’ s Report or unencumbered reserve funds collected from a development exceed the target reserve. • Reserve funds collected from within a development exceed the dollar amount estimated for a large-scale repair.
• Plan of Control responsibilities have been transferred from the developer to the GHAD.

Graph 1 provides the actual and forecast account balances for the GHAD from the initial levy of the assessments in FY 2016/17 to FY 2056/57. The actual account balances and projected target reserve amounts have been normalized to 2016/17 dollars when the initial Engineer’s Report was approved. The cumulative reserve estimated at the end of FY 2024/25 is approximately $1,023,000 in 2016/17 dollars and is below the cumulative target reserve amount of $ 3,273,299 in 2016/17 dollars for all developments in the GHAD. The GHAD reserve is intended to fund unanticipated expenses that may occur.

GRAPH 1: Actual and Forecast Cumulative Reserve

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 4

Levying an assessment will assist The Reserve development in maintaining its target rate of reserve accumulation toward the target reserve amount . Fiscal Year 2025/26 levies for the Hideaway and Hayward SoMi Developments would still be imposed at the assessment limit as those developments have not yet met the above conditions.

The GHAD Treasurer has estimated that dividend and interest income for FY 2025/26 should be approximately 2 percent above the rate of inflation. The GHAD Treasurer maintains an estimate that the long -term inflation rate will average approximately 2 to 2 ½ percent. Based on the published CPI for December 2024, we provide the estimated total revenues in Table 3 for FY 2025/26.

TABLE 3: Estimated Revenue
FY 2025/26 LEVY/REVENUE

ESTIMATE
Residential Units (The Reserve) 179
Residential Units (Hideaway) 59
Residential Units (Hayward SoMi) 189
Assessment Revenue $402,807
Investment Income $37,500
Total Revenues $440,307

The budget is divided into four categories including Major Repair , Preventive Maintenance and Operations, Special Projects , and Administration and Accounting. As needed, the GHAD Manager, at their discretion, may reallocate funds within the budget. A description of each of the categories is provided below. In general, the budget amounts listed are based on the Engineer’s Reports approved by the Hayward GHAD Board of Directors in 2016 for The Reserve development, in 2019 for the Hideaway , and in 2021 for the Hayward SoMi development. The budget amounts have been inflation adjusted to provide the budget estimates.

ADMINISTRATION AND ACCOUNTING

This category includes a dministrative expenses for tasks of the G HAD Manager, clerical, and accounting staff related to the operation and administration of the GHAD . The budget amounts listed are based on the Engineers’ Reports for each development in the GHAD . The budget amounts have been inflation adjusted to provide the listed budget estimates.

PREVENTIVE MAINTENANCE AND OPERATIONS

Preventive maintenance and operations include slope stabilization services, erosion protection, and professional services within the District. Professional services include site-monitoring events as specified in the GHAD Plan of Control. Slope stabilization and erosion protection responsibilities include the open -space slopes and drainage swales . GHAD -maintained improvements generally include detention and water -quality basins, maintenance roads, concrete-lined drainage ditches, retaining walls, subsurface drainage facilities, storm drain facilities, trails, and debris benches.

SPECIAL PROJECTS

The Special Projects category allows the GHAD to budget for projects beneficial to the GHAD that do not fit into one of the other three categories. Special projects can include items such as global

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 5

positioning system (GPS)/geographic information system (GIS) development for GHAD-maintained improvements; website development and maintenance; and reserve studies to re -evaluate the financial condition of the GHAD. The FY 2025/26 budget allocates funds for GIS and website development and maintenance in the Special Projects category.

MAJOR REPAIR

Included within the major repair category are those repair or improvement projects that are intermittent and, by their nature, do not fit within a scheduled maintenance program. Minor slope repair and erosion control items are generally funded within the P reventive Maintenance and Operations category. For the purposes of this budget, we define major repairs as those estimated at over $250,000.

There are currently no major repair projects anticipated in the FY 202 5/26 budget within the GHAD-maintained areas of the Hayward GHAD. The reserve portion of the budget allows for funding toward these unpredictable events.

TABLE 4: Summary of Proposed Fiscal Year 2025/26 Budget

BUDGET ITEM
FY
2024/25

ESTIMATED
FY
2024/2025
BUDGET1
FY
2025/26

FORECAST

PERCENT OF
TOTAL

EXPENDITURES
(FY 2025/26)

ADMINISTRATION AND ACCOUNTING
GHAD Manager Services
Administration $31,500 $31,500 $32,250
Annual Report and Budget Preparation $3,300 $3,300 $3,350 Subtotal $34,800 $34,800 $35,600 14%
Outside Professional Administration Services
Assessment Roll and Levy Update Preparation $1,850 $1,850 $1,850 Alameda County Assessor’s Fees $5,300 $5,300 $6,848
California Association of GHADs Membership $195 $200 $207 GHAD Clerk $1,500 $1,500 $1,500
GHAD Treasurer $6,000 $6,000 $8,000
GHAD Attorney $3,500 $7,000 $7,000
Insurance- General Liability $1,815 $1,600 $2,000
Subtotal $20,160 $23,450 $27,404 11%
Administration and Accounting Total $54,960 $58,250 $63,004 24%

PREVENTIVE MAINTENANCE AND OPERATIONS
Contractor Services
Sediment Removal from Drainage Ditches $8,200 $8,500 $8,600 Detention Basin Maintenance $2,200 $2,200 $2,200
Vegetation Management $13,600 $20,600 $21,800
Access Roadway Maintenance $3,000 $5,200 $3,000
Open Space Maintenance $0 $2,000 $2,000
Subdrain Maintenance $0 $2,900 $3,900
Slope Stabilization $1,000 $33,000 $93,000
Conservation Easement Activities $0 $10,000 $10,000
Subtotal $28,000 $84,400 $144,500 55%

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 6

BUDGET ITEM
FY
2024/25

ESTIMATED
FY
2024/2025
BUDGET1
FY
2025/26

FORECAST

PERCENT OF
TOTAL

EXPENDITURES
(FY 2025/26)
GHAD Manager Services
Scheduled Monitoring Events $10,800 $10,800 $12,800
Heavy Rainfall Monitoring Events $1,400 $2,000 $2,500
Detention Basin Scheduled Monitoring Events $4,000 $4,000 $4,100 Detention Basin Heavy Rainfall Monitoring Event $0 $1,000 $1,000 Sediment Removal from Drainage Ditches $1,700 $1,700 $1,720 Detention Basin Maintenance $440 $440 $440
Vegetation Management $4,120 $4,120 $4,360
Access Roadway Maintenance $1,040 $1,040 $600
Open Space Maintenance $400 $400 $400
Subdrain Maintenance $580 $580 $780
Slope Stabilization $6,600 $6,600 $18,600
Subtotal $31,080 $32,680 $47,300 18%
Preventive Maintenance and Operations Total $59,080 $117,080 $191,800

SPECIAL PROJECTS
GIS $0 $0 $5,000
Website Maintenance $0 $0 $1,000
Subtotal $0 $0 $6,000 2%

MAJOR REPAIRS
Subtotal $0 $0 $0 0%
TOTAL PROPOSED EXPENDITURES $114,040 $175,330 $260,804 100%

ESTIMATED RECEIVABLES
Beginning Balance
Balance (June 30, 2024) $1,116,356
Estimated FY 2024/25 Revenue
Assessment Income $315,713
Investment Income $32,075
Estimated FY 2024/25 Expenses
Estimated Expenses through 6/30/2025 $114,040
ESTIMATED RESERVE ON JUNE 30, 2025 $1,350,104
Estimated FY 2025/26 Revenue
Estimated FY 2025/26 Assessment $402,807
Estimated FY 2025/26 Investment Income $37,500
Estimated 2025/26 Expenses
Estimated Expenses through June 30, 2026 $260,804
ESTIMATED RESERVE ON JUNE 30, 2026 $1,529,607

For FY 2025/26, the payment limit for the GHAD Manager, ENGEO, is set at $82,900. The tasks included withi n the payment limit may include oversight of maintenance and repair projects, administration, and monitoring events, as summarized in Table 5.

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 7

TABLE 5: Payment Limit

TASK AMOUNT
Administration $32,250
Budget Preparation $3,350
Scheduled and Heavy Rainfall Monitoring Events $20,400
Sediment Removal from Drainage Ditches1 $1,720
Detention Basin Maintenance1 $440
Vegetation Management1 $4,360
Access Roadway Maintenance1 $600
Open Space Maintenance1 $400
Subdrain Maintenance1 $780
Slope Stabilization1 $18,600
TOTAL $82,900
1 Dependent on maintenance and/or repair activities by the GHAD during FY 2025/26. The GHAD Manager, ENGEO, payment limit is 20% of the total budget item.

Below is more detail about each line item included in the annual budget proposed above.

ADMINISTRATION AND ACCOUNTING

GHAD Manager

Administration

Administrative expenses include G HAD Manager duties related to the operation and administration of the GHAD. The budget estimate for administrative services is derived from the original GHAD budget used to prepare the GHAD Engineer’s Reports.

Annual Report and Budget Preparation

This budget provides for the preparation of the annual report and budget.

Outside Professional Services – Non-Technical

Assessment Roll and Levy Update

This budget item allows for preparation of the assessment roll for the District and the updated levy based on the Consumer Price Index adjustment.

Alameda County Assessor’s Fees

This budget item accounts for fees from the Alameda County Assessor’s Office.

California Association of GHADs Membership

The GHAD maintains membership in the California Association of GHADs.

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 8

GHAD Clerk

This budget item allows the GHAD to fund clerk services for the District. The Board appointed Fennemore to serve as the GHAD Clerk on September 13, 2016, with the approval of Resolution No. 16-002.

GHAD Treasurer

This budget item accounts for fees related to the GHAD Treasurer and the investment manager functions. The Board appointed Watermark Asset Management, Inc., now GHAD Treasurer, Inc., on September 13, 2016, with the approval of Resolution No. 16-002 and authorized a change in the GHAD Treasurer designation to GHAD Treasurer, Inc. on February 25, 2020, with the approval of Resolution 20-02.

GHAD Attorney

This budget item allows the GHAD to fund legal counsel for the District . The Board appointed Wendel Rosen, now Fennemore Wendel, to serve as the GHAD Attorney on September 13, 2016, with the approval of Resolution No. 16-002. The duties of the legal counsel may include, but not be limited to , transfer documentation, preparation or review of contracts, grant deeds, right-of-entry, and board resolutions.

Insurance – General Liability

The GHAD maintains general liability insurance for open-space areas within the District.

PREVENTIVE MAINTENANCE AND OPERATIONS

Maintenance and Operations

Sediment Removal from Drainage Ditches

This budget item is to provide for the annual removal of vegetation, cleaning, sealing, and minor repair of concrete-lined drainage ditches and storm drain inlets within The Reserve and Hideaway developments.

Detention Basin Maintenance

The budget item allows for ongoing maintenance activities , as described in the operations and maintenance manual for detention basins within The Reserve development.

Vegetation Management

This budget item includes annual firebreak mowing and litter removal , which will occur during FY 2025/26. This budget item allows for a second cutting of fire breaks, as needed.

Access Roadway Maintenance

This budget item includes gravel -surfaced access roadway maintenance on GHAD -owned parcels that may occur during the 2025/26 fiscal year.

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 9

Open Space Maintenance

This budget item includes trail maintenance , fence repairs, and litter pickup on GHAD -owned parcels that may occur during the 2025/26 fiscal year.

Subdrain Maintenance

This budget item allows for construction of subdrain markers and outfall structures to facilitate future monitoring and maintenance of the subdrain outlets, which are critical to slope stability within The Reserve development. This item was included in the Request for Prop osals scope of services and is a one-time expense.

Slope Stabilization

This is for unanticipated minor repairs, including slope instability or erosion, that may occur during FY 2025/26. Additionally, in FY 2025/26, the GHAD plans to repair a minor landslide impacting a maintenance road within The Reserve open space, and the budget has been prepared to reflect costs related to the repair.

Conservation Easement Activities

This budget item includes activities that may be needed in relation to the City of Hayward Conservation Easement or East Bay Regional Park District Conservation Easement in FY 2025/26.

Professional Services

Scheduled Monitoring Events

As provided in the Plan of Control, there are two scheduled monitoring events within the GHAD that will occur during each calendar year.

Heavy Rainfall Monitoring Event

We have budgeted for one heavy rainfall-monitoring event during the 2025/26 winter season. In the initial Engineer’s Report, we anticipated that a heavy rainfall -monitoring event would be needed on average once every 2 years.

Detention Basin Scheduled Monitoring Events

As provided in the Plan of Control, there are two scheduled monitoring events within the GHAD that will occur during each calendar year . The GHAD has not yet acquired detention basin monitoring or maintenance on Parcel A and does not expect to do so during FY 2025/26.

Detention Basin Heavy Rainfall Events

We have budgeted for one heavy rainfall-monitoring event during the 2025/26 winter season. In the initial Engineer’s Report, we anticipated that a heavy rainfall -monitoring event would be needed, on average, once every 2 years.

Hayward Geologic Hazard Abatement District Board of Directors 6671.002.024 Hayward Geologic Hazard Abatement District June 6, 2025 PROGRAM BUDGET FOR FISCAL YEAR 2025/26 Page 10

SPECIAL PROJECTS

Special projects can include items such as global positioning system (GPS)/geographic information system (GIS) development for GHAD -maintained improvements; website development and maintenance; and reserve studies to re -evaluate the financial condition of the GHAD. The FY 2025/26 budget allocates funds for GIS and website development and maintenance for the GHAD.

MAJOR REPAIRS

There currently are no major repair projects anticipated in the FY 202 5/26 budget within the GHAD-maintained areas of the Hayward GHAD. While no major repairs are ongoing at this time, by their nature, major repairs , such as landslides , are unpredictable and could occur during FY 2025/26. The reserve portion of the budget allows for funding toward these unpredictable events.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: APPT 25-001
DATE: June 25, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Hayward Youth Commission: Adopt a Resolution Confirming the Appointment and Reappointment of Hayward Youth Commission Members

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) confirming the appointment to the Hayward Youth Commission of six (6) voting members and eleven (11) alternate members, and the reappointment of seven (7) continuing members.

SUMMARY
The City conducted its annual recruitment for the Hayward Youth Commission (HYC) between March 3, 2025, and May 9, 2025, and a panel of representatives from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and Hayward Unified School District (HUSD)) reviewed sixty-one (61) applications and interviewed forty-eight (48) eligible applicants on May 30, 2025. The panel selected a total of seventeen (17) regular voting and alternate members. The same panel confirmed the reappointment of seven (7) current members.

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

DATE: June 24, 2025

TO: Mayor and Council Members

FROM: City Clerk

SUBJECT: Hayward Youth Commission: Adopt a Resolution Confirming the Appointment and Reappointment of Hayward Youth Commission Members

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) confirming the appointment to the Hayward Youth Commission of six (6) voting members and eleven (11) alternate members, and the reappointment of seven (7) continuing members.

SUMMARY

The City conducted its ann ual recruitment for the Hayward Youth Commission (HYC) between March 3, 2025, and May 9, 2025, and a panel of representatives from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and Hayward Unified School District (HUSD)) reviewed sixty-one (61) applications and interviewed forty- eight (48) eligible applicants on May 30, 2025. The panel selected a total of seventeen (17) regular voting and alternate members. The same panel confirmed the reappointment of seven (7) current members.

BACKGROUND

On May 30, 2025, an interview panel comprised of representatives from the three local public agencies (City of Hayward, HARD, and HUSD) interviewed forty-eight candidates to fill vacancies on the HYC. The agency representatives were: Council Member Ray Bonilla Jr. and Council Member George Syrop from the City of Hayward; Board Secretary Rick Hatcher and Board Director Peter Rosen from HARD; and Board Trustee Ken Rawdon from HUSD.

TABLE I: Selected Voting and Alternate Members
VOTING

MEMBER SCHOOL SUCCEEDS TERM

EXPIRES
Florencio Babasa (*) Mt. Eden High School Leila A Aviado 6/30/2027 Arianna Cervantez (*) Castro Valley High School Crystal Guerrero Lopez 6/30/2027 Eliam K Ghirmay (*) Moreau Catholic High School Jeffrey A Haman 6/30/2027 Peter Gikanga (*) Mt. Eden High School Ruby Kumar 6/30/2027 Remy Martin (*) Bret Harte Middle School Jesus A Reynoso 6/30/2027 Isla Salgado (*) Hayward High School Alicia C Saenz 6/30/2027

ALTERNATE

MEMBER SCHOOL
TERM

EXPIRES
Ameera Banuelos Hayward High School 6/30/2026
Cesar A Cordoba Impact Academy of Arts & Technology 6/30/2026 Erik De Alba Tennyson High School 6/30/2026
Lydia L Dedrick KEY Academy Charter School 6/30/2026
Amelie Leon Hernandez Martin Luther King Jr. Middle School 6/30/2026 Rachel Mendez Fuentes Bret Harte Middle School 6/30/2026 Ezekiel Nii Mensah Bret Harte Middle School 6/30/2026
Ivan Ruiz Muñoz Winton Middle School 6/30/2026
Teresa Ramirez Bret Harte Middle School 6/30/2026
Shyla V Reddy St. Bede Catholic School 6/30/2026
Alaia S Smith Hayward High School 6/30/2026
(*) Former alternate members promoted to voting members.

TABLE II: Current Members
VOTING

MEMBER SCHOOL TERM

EXPIRES
Mateo E Barajas (*) Mt. Eden High School 6/30/2027
Elizabeth N Barrera Mt. Eden High School 6/30/2026
Josue S Barrera (*) Mt. Eden High School 6/30/2027
Alex N Cervantes Fernandez (*) Hayward High School 6/30/2027 Jacob Jones Moreau Catholic High School 6/30/2026
Zoe N Kyama (*) Mt. Eden High School 6/30/2027
Israel J Mendez Chabot College 6/30/2026
Temiloluwa O Ogunkanmi (*) Leadership Public School 6/30/2027 Julia Patel Tennyson High School 6/30/2026
Shreya K Rathaur Chabot College 6/30/2026
Leilani A Sandoval Tennyson High School 6/30/2026
Nishant Singh Mt. Eden High School 6/30/2026
Ananya Suresh Moreau Catholic High School 6/30/2026
Michelle Villalobos (*) Mt. Eden High School 6/30/2027
Jeremiah S Wong (*) The Athenian School 6/30/2027
(*) Members who sought reappointment this year.

The current 20 25 membership consists of thirty -two (32) representatives from Hayward schools as depicted in the chart below. As vacancies occur throughout the year, appointments will be made from the alternate list.

CHART I: 2025 HAYWARD YOUTH COMMISSION

FISCAL IMPACT

There is no fiscal impact associated with this action.

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.

PUBLIC CONTACT

Information about the annual recruitment was disseminated through various channels.

TABLE III: Summary of Outreach Efforts

2025 Outreach Efforts

Date (s)

Attendance/Reach

City Newsletter - The Stack 4/8/25 49,382 recipients
City Newsletter – The Stack Extra 3/3/25 50,418 recipients Cinco de Mayo 5/3/25 ~ 7,000
Puente Grape Juice & Cheese Networking Event 3/21/25 High School attendees Annual Earth Day Citywide Clean-Up Event 4/26/25 104 attendees HUSD Student and Parent Support Program 4/12/25 Presentation to youth professionals
HUSD Youth Enrichment Program (YEP)
HUSD middle and high
schools via email/in
person
Earth Day Poster & Writing Contest Distribution 3/21/25 18,923 emails Information disseminated to schools. Visited
Hayward middle and high Schools
3/3/25
4/29/25; 5/2/25
Principals, teachers,
and counselors; and
visited schools.

Social Media: Facebook 3/8/25-5/8/25 4,762 impressions
Social Media: Twitter 3/8/25-5/8/25 10,718 impressions
Social Media: YouTube 4/2/25 337 views
Social Media: LinkedIn 3/8/25-5/8/25 3,661 impressions
HUSD PeachJar 3/12/25 &
4/8/25
8,893 deliveries
4,988 impressions

NEXT STEPS

Following Council’s action, oaths of affirmation will be administered to newly appointed members.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Michael Lawson, J.D.

Acting City Manager

ATTACHMENT II
P a g e 1 of 3

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member ____________

RESOLUTION CONFIRMING THE APPOINTMENT AND REAPPOINTMENT OF

MEMBERS OF THE HAYWARD YOUTH COMMISSION

WHEREAS, the City conducted its annual recruitment for the Hayward Youth Commission from March 3, 2025 to May 9, 2025; and

WHEREAS, a panel of representatives from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and the Hayward Unified School District (HUSD)) reviewed sixty-one (61) applications and interviewed forty-eight (48) eligible applicants on May 30, 2025; and

WHEREAS, the panel selected a total of seventeen (17) regular voting and alternate members.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward does hereby confirm the appointment of the below -named persons as members of the Hayward Youth Commission, for terms as designated.

VOTING MEMBER SCHOOL SUCCEEDS TERM

EXPIRES
Florencio Babasa (*) Mt. Eden High School Leila A Aviado 6/30/2027 Arianna Cervantez (*) Castro Valley High School Crystal Guerrero Lopez 6/30/2027 Eliam K Ghirmay (*) Moreau Catholic High School Jeffrey A Haman 6/30/2027 Peter Gikanga (*) Mt. Eden High School Ruby Kumar 6/30/2027 Remy Martin (*) Bret Harte Middle School Jesus A Reynoso 6/30/2027 Isla Salgado (*) Hayward High School Alicia C Saenz 6/30/2027 (*) Former alternate members promoted to voting members.

ATTACHMENT II
P a g e 2 of 3

ALTERNATE MEMBER SCHOOL TERM

EXPIRES
Ameera Banuelos Hayward High School 6/30/2026
Cesar A Cordoba Impact Academy of Arts & Technology 6/30/2026 Erik De Alba Tennyson High School 6/30/2026
Lydia L Dedrick KEY Academy Charter School 6/30/2026
Amelie Leon Hernandez Martin Luther King Jr. Middle School 6/30/2026 Rachel Mendez Fuentes Bret Harte Middle School 6/30/2026 Ezekiel Nii Mensah Bret Harte Middle School 6/30/2026
Ivan Ruiz Muñoz Winton Middle School 6/30/2026
Teresa Ramirez Bret Harte Middle School 6/30/2026
Shyla V Reddy St. Bede Catholic School 6/30/2026
Alaia S Smith Hayward High School 6/30/2026

BE I T FURTHER RESOLVED that the City Council of the City of Hayward does h ereby confirm the reappointment of the below-named persons as members of the Hayward Youth Commission, for terms as designated.

VOTING MEMBER SCHOOL TERM

EXPIRES
Mateo E Barajas Mt. Eden High School 6/30/2027
Josue S Barrera Mt. Eden High School 6/30/2027
Alex(a) Cervantes Fernandez Hayward High School 6/30/2027 Zoe N Kyama Mt. Eden High School 6/30/2027
Temiloluwa O Ogunkanmi Leadership Public School 6/30/2027 Michelle Villalobos Mt. Eden High School 6/30/2027
Jeremiah S Wong The Athenian School 6/30/2027

ATTACHMENT II
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IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 25-081
DATE: June 24, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special Joint Hayward City Council/Redevelopment Successor Agency/Housing Authority Board Meeting on June 17, 2025

RECOMMENDATION
That the City Council approves the special joint Hayward City Council/Redevelopment Successor Agency/Housing Authority Board meeting minutes of June 17, 2025.

SUMMARY
The City Council held a special joint Hayward City Council/Redevelopment Successor Agency/Housing Authority Board meeting on June 17, 2025.

ATTACHMENTS
Attachment I Draft Minutes of 6/17/2025
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 1
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SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

The Special Joint Hayward City Council/Redevelopment Successor Agency/Housing Authority Board meeting was called to order by Mayor /HRSA/HHA Chair Salinas at 7:00 p.m. in the Council Chambers.

Pledge of Allegiance: Council Member/HRSA/HHA Board Member Goldstein

ROLL CALL

Present: COUNCIL/HRSA/HHA MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR/HRSA/HHA CHAIR Salinas

Absent: NONE

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on June 17 2025, at 5:30 p.m., with all members present and no public speakers, regarding three items: 1) conference with legal counsel pursuant to Government Code section 54956.9 regarding Toney Chaplin v. City of Hayward, Claim # 2296000195 Worker’s Compensation Appeals Board Case No. ADJ18980738; 2) public employment pursuant to Government Code section 54957(b)(1) for City Attorney ; and 3) public employment pursuant to Government Code section 54957(b)(1) regarding public employee dismissal/release.

Acting City Attorney Vigilia reported that the City Council discussed Item 1, provided direction to City staff, but took no reportable action. Mayor Salinas reported that the City Council discussed Items 2 and 3 and unanimously approved, with Mayor Salinas motioning and Council Member Roche seconding, appointment of Library Services Director Addleman as Interim City Manager, effective July 1, 2025, with an action item scheduled for June 24, 2025. Later in the meeting, Mayor Salinas added that Dr. Ana Alvarez’s paid administrative leave was extended until June 24, 2025.

PRESENTATION

Mayor Salinas read a proclamation declaring June 19, 2025, as Juneteenth National Independence Day in the City of Hayward. The following representatives accepted a proclamation on behalf of their organizations: Phillip Oliver and Rahima Walker with Hayward South National Association for the Advan cement of Colored People ( NAACP), Dorothy Dominique with Treasurers Unleashed, Ronnie Stewart with West Coast Blues Society, and Library Services Director Addleman representing the City of Hayward. All attendees were invited to attend the Juneteenth Freedom Celebration festival on June 21, 2025, at Heritage Plaza.

2 | June 17, 202 5

PUBLIC COMMENTS

Glen Ocal, a Hayward resident, shared his efforts to expand a residential facility for disabled individuals but faced permit requirements from the Fire Department which forced him to halt the project; and requested assistance from the City.

Alejandro Jasso expressed concern at the City's decision not to implement safety improvements on Hayward Boulevard, noting it neglected the needs of pedestrians and cyclists, available public funds, and expert recommendations.

CITY MANAGER’S COMMENTS

Assistant City Manager Youngblood made two announcements: 1) Juneteenth events consisting of Juneteenth Fest on June 21, 2025 at Heritage Plaza, book displays and programs at the Hayward Public Library throughout the month of June, and the ceremonial raisings of the Juneteenth and Pan African flags on June 18, 2025 , at City Hall Plaza; and 2) a free waterwise landscape workshop class on June 21, 2025, at the Downtown Library hosted in partnership with the Bay Area Water Supply & Conservation Agency.

CONSENT

Mayor Salinas indicated that Consent Item 7 was carried to the June 24, 2025, City Council meeting. Consent Items 4, 10, 13, and 14 received comments.

1. Approve the City Council Minutes of the Meeting on May 27, 2025 MIN 25-076 It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the City Council meeting minutes of May 27, 2025.

2. Approve the City Council Minutes of the Meeting on June 3, 2025 MIN 25-077 It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the City Council meeting minutes of June 3, 2025.

3. Adopt a Resolution Confirming the Report and Non -Abatable Code Violations and Penalties Liens List and Approving the Filing of Nuisance Abatement Liens with the County Recorder’s Office for Non-Abatable Code Violations CONS 25-261

Staff report submitted by Development Services Director Buizer, dated June 17, 2025, was filed.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-101, “Resolution Confirming the Report and Non- Abatable Code Violations and Penalties Liens List and Approving the Filing of Nuisance Abatement Liens with the County
Recorder’s Office for Non-Abatable Code Violations”

4. Adopt a Resolution Confirming the Report and Special Assessment List, and Authorizing Transmittal of Assessments to the County Auditor for Collection Associated with Overdue Community Preservation and Rental Program Charges for the Period of January 1, 2024, through May 1, 2025 CONS 25-262

Staff report submitted by Development Services Director Buizer, dated June 17, 2025, was filed.

Danny Rivera , Hayward resident, requested that the assessment /penalties for a grading permit be reduced to one invoice, stating he is actively working with City staff to resolve the matter. Acting City Manager Lawson noted the matter had already been referred to City staff for evaluation.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-102, “ Resolution Confirming the Report and Special Assessment List and Authorizing Transmittal of Assessments to the County Auditor for Collection Associated with Overdue Community Preservation and Rental Program Charges for the Period of January 1, 2024, through May 1, 2025”

4 | June 17, 202 5

5. Adopt a Resolution Approving the Final Engineer’s Report and Ordering the Levy of Assessments for Fiscal Year 2026 for Old Highlands Area Road Improvement Assessment District CONS 25-271

Staff report submitted by Public Works Director Ameri, dated June 17, 2025, was filed.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-103, “A Resolution Approving the Final Engineer’s Report and Ordering the Levy of Assessments for Fiscal Year 2026 for the Old Highlands Area Road Improvement Assessment
District”

6. Adopt a Resolution Confirming the Report and Special Assessment List Associated with Delinquent Water and Sewer Bills and Authorizing the Delinquent Charges to Become a Special Assessment Against the Properties if Not Paid by August 1, 2025 CONS 25-272

Staff report submitted by Public Works Director Ameri, dated June 17, 2025, was filed.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-104, “ Resolution Confirming the Report and Special Assessment List Associated with Delinquent Water and Sewer Bills and Authorizing the Delinquent Charges to Become a Special Assessment Against the Properties if Not Paid by August 1, 2025”

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

7. Adopt a Resolution Authorizing the City Manager to Execute an Updated Community Workforce Agreement with the Alameda County Building Trades Council and Finding that the Action is Exempt from Environmental Review CONS 25-276

Mayor Salinas noted the item was continued to the June 24, 2025, City Council meeting.

8. Adopt an Ordinance Amending Chapter 10, Article 1, Sections 10-1.845 (Minimum Design and Performance Standards), 10 -1.1952 (At -C Uses Permitted) and 10 -1.1953 (At -C Conditionally Permitted Uses) of the Hayward Municipal Code Updating the Regulations Governing Restaurants and Coffee Shops with Drive -Through Facilities on Properties Located within the (At-C) Air Terminal – Commercial Zoning District CONS 25-280

Staff report submitted by City Clerk Lens, dated June 17, 2025, was filed.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the ordinance.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Ordinance 25-07, “An Ordinance Amending Chapter 10, Article 1, Sections 10-1.845 (Minimum Design and Performance Standards), 10-1.1952 (At-C Uses Permitted) and 10-1.1953 (At C Conditionally Permitted Uses) of the Hayward Municipal Code Updating the Regulations Governing Restaurants and Coffee Shops with Drive- Through Facilities on Properties Located within the (At-C) Air Terminal – Commercial Zoning District”

9. Adopt a Resolution Authorizing the City Manager to Execute an Agreement between CityGate LLC and the Hayward Fire Department to Perform a Standards of Cover Study in a Not-to-Exceed Amount of $99,943 CONS 25-285

Staff report submitted by Fire Chief Vollmer, dated June 17, 2025, was filed.

6 | June 17, 202 5
It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-105, “Resolution Authorizing the City Manager to Execute an Agreement Between Citygate, LLC and the Hayward Fire Department to Perform a Standards of Cover Study in an Amount Not-To-Exceed $99,943”

10. Adopt a Resolution Accepting the Resignation of Commissioner Lucy Woo from the Personnel Commission, Effective Immediately CONS 25-286

Staff report submitted by City Clerk Lens, dated June 17, 2025, was filed.

Council Member Syrop acknowledged and thanked Commissioner Woo for her service on the Personnel Commission, noting her valued contributions and collaborative efforts over the past year.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-106, “Resolution Accepting the Resignation of Lucy Woo from the Personnel Commission”

11. Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Hayward Police Management Unit and Authorizing Staff to Execute the Agreement CONS 25-294

Staff report submitted by Assistant City Manager Youngblood , dated June 17, 2025, was filed.

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-107, “ Resolution 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”

12. Adopt a Resolution Authorizing the City Manager to Execute the Hayward Promise Neighborhoods (HPN) One (1) Year Contract; Accept and Appropriate Up to $150,000 in Congressionally Funded Community Project Funding for the South Hayward Promise Neighborhoods Partners for Calend ar Year 2025; and Execute an Agreement with Ross McDonald Co., Inc CONS 25-297

Staff report submitted by Library Services Director Addleman , dated June 17, 2025, was filed.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-108, “Resolution Authorizing the City Manager to Execute the Hayward Promise Neighborhoods (H PN) One (1) Year Contract; and Accept and Appropriate Up to $150,000 in Congressionally Funded Community Project Funding for South Hayward Promise Neighborhoods Partners for Calendar Year 2025; and Execute an Agreement with Ross McDonald Co., Inc.”

8 | June 17, 202 5

13. Adopt a Resolution Adjusting the City’s Transient Occupancy Tax Rate from 8.5% to

12.0% Effective August 1, 2025, and Finding that the Action is Exempt from CEQA Review CONS 25-298

Staff report submitted by Interim Finance Director Etman, dated June 17, 2025, was filed.

In response to Council Member Roche ’s inquiry about the City’s Transient Occupancy Tax (TOT) rate increase and the 2% excise tax , Interim Finance Director Etman confirmed the Council Budget and Finance Committee unanimously supported raising the TOT rate to 12% and the excise tax is set to sunset on December 31, 2027, unless renewed by voter action.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-109, “Resolution of the City Council of the City of Hayward Adjusting the Transient Occupancy Tax Rate from 8.5 to

12.0% Effective August 1, 2025; Finding that the Action is Exempt from Environmental Review”

14. Adopt a Resolution Approving Addenda Nos. 1 Through 4 and Awarding a Contract to DeSilva Gates Construction, LLC, for the La Vista Park Project , Project No. 06914 in the Amount of $32,850,547 in Addition to Approving $3,942,066 in Administrative Construction Contingency, and Authorizing the City Manager to Execute Amendment No. 3 to the Professional Services Agreement with Langan, and to Execute Amendment No. 1 to the Memorandum of Understanding with the Hayward Area Recreational District for the Funding, Operation and Maintenance of La Vista Park CONS 25-316

Staff report submitted by Public Works Director Ameri, dated June 17, 2025, was filed.

Council Member Syrop thanked Hayward Area Recreation and Park District (HARD) for the partnership related to the construction of La Vista Park.

Mayor Salinas acknowledged HARD General Manager Wheeler and HARD Board Director Hatcher for attending the meeting and for their leadership.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-110, “ Resolution Approving Addenda Nos. 1 Through 4 and Awarding a C ontract to DeSilva Gates
Construction, LLC, in the Amount of $32,850,547 in Addition to Approving $3,942,066 in Administrative Construction
Contingency, and Authorizing the City Manager to Execute Amendment No. 3 to the Professional Services Agreement with Langan for the La Vista Park Project, Project No. 06914”

Resolution 25-111, “Resolution Appropriating $19,444,000 from Park-In-Lieu Funds (Fund 260) to Fund 405 and Authorizing the City Manager to Execute Amendment No. 1 to the Memorandum of Understanding with the Hayward Area Recreational and Park District for the Funding, Operations, and Maintenance of La Vista Park, Project No. 06914”

WORK SESSION

15. Public Art: Consideration of a Public Art Development Impact Fee (Report from Acting City Manager Lawson) WS 25-028

Staff report submitted by Acting City Manager Lawson, dated June 17, 2025, was filed.

Acting City Manager Lawson introduced Community Partnership Manager Ebadi, who provided a synopsis of the staff report.

There being no public comment requests, Mayor Salinas opened and closed the public comment section at 7:47 p.m.

Council Member Zermeño expressed support for a public art development impact fee. In response to Council Member Zermeño’s inquiry for the status of large movie posters on Foothill Boulevard, Community Partnership Manager Ebadi noted he would investigate it.

10 | June 17, 202 5
Council Member Andrews asked if staff had evaluated an interim plan in terms of incorporating public art into current Capital Improvement Plans projects, referencing to organic efforts such as crosswalks. Community Partnership Ebadi noted the current funding covers maintenance of current projects; and noted that while the Nexus study would need an external consultant due to its complexity, the public art master plan would be completed internally to conserve funds.

Council Member Andrews expressed general support for the recommendation noting it would help support the City’s goals of investing in infrastructure /quality of life and growing the economy.

Council Member Roche highlighted the economic and cultural value of public art. In response to Council Member Roche’s inquiry as to whether other cities with art fees also enact park and traffic impact fees, Community Partnership Manager Ebadi noted the analysis focused only on art fees. Council Member Roche expressed support for the development of a public art fee, being aware of minimizing costs.

Council Member Syrop voiced support for the Nexus study; emphasized that public art should include not just murals but also sculptures and landmark features to enhance Hayward’s sense of place; stressed the need for a thoughtful, community -involved art selection process; and raised concerns about the Economic Development Committee being the sole decision-maker.

Community Partnership Manager Ebadi assured that the public art master plan would outline community-inclusive processes and standards, developed with broad input.

Council Member Bonilla Jr. expressed general agreement with his colleagues and support for moving forward with the Nexus study; emphasized the importance of comparing Hayward’s cumulative impact fees with those of other cities ; and suggested engaging the developer community for feedback.

Mayor Salinas expressed support for the public art initiative, highlighting its role in stimulating economic development and civic engagement.

Members of the City Council thanked City staff for all the work related to the item and appreciated Council Member Andrews’ leadership for moving public art forward in Hayward.

PUBLIC HEARING

16. Utility Rate Adjustments: Adopt a Resolution Amending the Master Fee Schedule, Approving the Proposed FY 2026 and FY 2027 Water and Recycled Rates and Facilities Fees, and Finding the Actions are Exempt from CEQA Review (Report from Public Works Director Ameri) PH 25-030

Staff report submitted by Public Works Director Ameri, dated June 17, 2025, was filed.

Public Works Director Ameri announced the item and introduced Management Analyst Nguyen who provided a synopsis of the staff report.

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

In response to Council Member Bonilla Jr.’s inquiry about Hayward’s decision to rely entirely on water from the San Francisco Public Utilities Commission (SFPUC), despite other agencies using groundwater, and how Hayward manages to keep water rates lower than some neighboring cities, Public Works Director Ameri explained that Hayward purchases 100% of its water from the Hetch Hetchy system, which is among the highest -quality water sources in the nation, and the presence of water bottling plants in Hayward as evidence of the water's exceptional quality, and the City operates efficiently, carefully controlling costs.

In response to Council Member Andrews ’ inquiry as to whether residents who submitted protest letters under Proposition 218 and cited financial hardship had received responses , Management Analyst Nguyen confirmed that residents who expressed financial concerns were contacted with information about water conservation programs and low -income discount options . In response to Council Member Andrews’ request to address the infrastructure implications if Hayward were to use lower -quality water , Public Works Director Ameri explained that using water well could introduce contaminants such as PFAS (forever chemicals), which are costly and difficult to remove.

In response to Mayor Salinas’ inquiry as to how long Hayward has been receiving water from the Hetch Hetchy reservoir, Director Ameri responded that the City began using Hetch Hetchy water in the early 1940s and fully converted to 100% usage by the mid -1950s, retiring all local wells for emergency use only.

Council Member Roche followed up to clarify that the City is not passing the full cost of SFPUC’s water rate increases onto customers , and Public Works Director Ameri confirmed that Hayward is using $6 million in reserves this year and $4 million next year to offset rate hikes and avoid spikes for residents.

There being no public comment, Mayor Salinas opened and closed the public hearing at 8:18 p.m.

It was moved by Council Member Roche, seconded by Council Member Andrews, and carried unanimously, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

12 | June 17, 202 5
Resolution 25-112, “ Resolution Amending the Master Fee Schedule and Approving Water and Recycled Water Rates”

Resolution 25 -113, “ Resolution Amending the Master Fee Schedule and Approving Water and Recycled Water Facilities Fees”

17. FY 2025-26 Budget/CIP Public Hearing and Adoption: Public Hearing for the Proposed FY 2025 -26 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and the Hayward Housing Authority ; FY 2025 -26 Capital Improvement Program Budget; Adoption of the FY 2025 -26 Operating Budgets and Appropriations for FY 2025 -26; Adoption of the FY 2025 -26 Capital Improvement Program Budget and Appropriations for FY 2025 -26; Adoption of the Hayward Redevelopment Successor Agency Budget ; and Adoption of the Hayward Housing Authority Budget PH 25-031

Staff report submitted by Acting City Manager Lawson and Interim Finance Director Etman, dated June 17, 2025, was filed.

Acting City Manager Lawson announced the item and introduced Interim Finance Director Etman who provided a synopsis of the staff report , noting a suggested amendment to the operating budget resolution by adding language at the end, referencing Attachment X – FY 2025-26 Budget Adoption Addendum.

Discussion ensued among members of the City Council and Interim Finance Director Etman, Acting City Manager Lawson and Chief Economic Development Officer Nguyen and the following clarifications were made: the City’s projected deficit increase from $12.6 million to $16 million resulted from reversing a previously anticipated $3.5 million reduction in Fire Department overtime ; while Route 238 property funds are accounted for separately for accounting purposes, they are still part of the General Fund and can now be used to reduce reliance on core General Fund reserves; the City has about 70 General Fund vacancies, and reducing approximately 50 of those positions could save around $10 million; any Utility User Tax (UUT) impact on the budget would be minimal in FY 2025 –26 and more significant in future years; the Economic Development reduction reflects a reduced General Fund transfer that can be adjusted as needed; the $250,000 reduction to the Economic Development Fund, represents 71% of its discretionary programming budget , which would impact outward - facing programs such as business grants and façade improvements, previously supported by American Rescue Plan Act ( ARPA) funds; staff’s recommendation sought to adopt a budget with an $8.9 million deficit; vacancy management discussions would be ongoing with labor partners through the fall; the amendment to the resolution, adds language explicitly stating that the City Council is adopting the addendum as outlined in Attachment X, thereby reducing the deficit from $12.6 million to $8.9 million ; the $1.5 million in savings from pausing the Mobile Integrated Health Unit (MIHU) program had already been factored into the draft budget; while overtime was underbudgeted in the current year, particularly in the Fire Department, next year's budget more accurately reflects actual needs across departments; discussions with labor partners to develop appropriate staffing models are

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.
planned before the fall revise ; with limited new revenue, the City will need to focus on maintaining core services and cannot afford to expand programs or staff ; and Measure C/Measure K-1 funds are protected for services that were promised to residents.

Council Member Bonilla Jr. emphasized the need for transparency and consistent tracking of progress toward closing the $9 million gap, suggesting a monthly dashboard or visual tool to monitor departmental contributions and reward system for departments that help reduce the deficit.

Council Member Andrews introduced her Urban League fellow, Israel Mendez, a Chabot College student and Hayward Youth Commission member; and emphasized the importance of economic development and urged to reexamine that funding during the fall budget review.

Council Member Roche acknowledged the challenge of managing rising personnel costs and keeping jobs competitive while maintaining City services; and urged the City C ouncil to consider restoring the Economic Development funding during the fall revise.

Council Member Syrop acknowledged the limited changes possible at this stage due to legal obligations but emphasized the importance of staying committed to resolving the deficit and working collaboratively with labor partners moving forward.

Council Member Goldstein raised concerns about the City repeatedly facing deficits.

Council Member Zermeño expressed concern over reductions to Economic Development programs, emphasizing the importance of attracting and retaining businesses to strengthen Hayward’s local economy, and supported the idea of revisiting funding in the fall revise.

Mayor Salinas expressed optimism at property tax increases which reflect that individuals are purchasing homes.

Mayor Salinas opened the public hearing at 9:09 p.m.

Suzanne Luther , Hayward resident, expressed concern over the City’s budget deficit; and opposed spending funds on a public art Nexus study, suggesting instead that poster awardee students be compensated for their work.

Ron Collins , with SEIU Local 1021 , criticized the focus on labor costs during the budget discussion, pointing out that management salaries have not been addressed ; argued that overtime could be reduced through better staffing and management ; and urged that no rewards be given for cuts to wages or benefits.

14 | June 17, 202 5
TJ, with Hayward Concerned Citizens, requested a public list of the specific vacant positions being cut for budget savings, citing the need for transparency.

Ro Aguilar, Hayward resident, urged the City to pursue more aggressive and collaborative efforts with Alameda County partners to secure funding for transitional and long -term housing infrastructure for homeless individuals, particularly through rehabilitated hotels with wraparound services.

Mayor Salinas closed the public hearing at 9:18 p.m.

Council Member Syrop emphasized the importance of managing overtime during the next year; highlighted the opportunity for savings through updating the police beat schedule ; pushed back on the notion that new programs are a luxury, advocating for investments that can yield long -term savings and community benefits, such as homelessness prevention ; noted that Hayward leads the way in developing innovative and collaborative solutions with county partners around homelessness; and noted that efforts to address the deficit will be a group effort with all labor partners.

Council Member Andrews noted the timing of the public art impact fee review might not seem opportune but was part of long -standing efforts tied to economic development and reducing City blight ; reiterated the importance of revisiting the Economic Development budget in the fall revise ; and advocated for pursuing additional grant opportunities and efficient use of City resources.

Acting City Manager Lawson noted the City had encouraging conversations with the county related to Measure W funds, in support of homelessness and affordable housing opportunities; and added that as he returns to his position as attorney, he will monitor any executive orders should they have an impact on the City.

Mayor Salinas expressed appreciation for City staff, the finance team, and the executive team for their work in navigating the City’s financial situation; acknowledged the labor groups for their historical cooperation and professionalism during challenging times ; emphasized that trust and early, transparent negotiations are essential; and highlighted the economic impact of the Economic Development division, urging to preserve its capacity, noting its role in job creation and revenue generation.

Members of the City Council thanked staff for the work done and especially acknowledged the Finance team. Interim Finance Director Etman thanked Acting City Manager Lawson for his leadership during a difficult transition and acknowledged his Finance team.

It was moved by Mayor/HRSA/HHA Chair Salinas seconded by City Council/RSA/HHA Member Goldstein, and carried unanimously, to adopt the resolutions , with an amendment to the operating budget resolution by adding language explicitly stating that the City Council is adopting the addendum as outlined in Attachment X, thereby reducing the deficit from $12.6 million to $8.9 million.

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

AYES: COUNCIL/ HRSA/HHA MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR/HRSA/HHA CHAIR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-114, “Resolution Approving the Operating Budget of the City of Hayward for Fiscal Year 2025 -26; Adopting Appropriations for Fiscal Year 2025-26, Except for General Fund Community Agency Funding”

Resolution 25-115, “ Resolution Amending Resolutions 25 -064 and 25-065 Approving and Appropriating the Community Agency Funding Recommendations for Fiscal Year 2025 -2026 in the General Fund Social Services and Arts and Music Categories”

Resolution 25 -116, “ Resolution Amending Resolution 25 -066 Approving and Appropriating the Community Agency Funding Recommendations for Fiscal Year 2025-2026 in the Community Development Block Grant (CDBG) Economic Development and Infrastructure Category”

Resolution 25 -117, “ Resolution Amending Resolution 25 -063 Approving and Appropriating the Community Agency Funding Recommendations for Fiscal Year 2025-2026 in the Community Development Block Grant (CDBG) Public Services Category and Authorizing the City Manager to Apply for Federal Assistance Under the Community Development Block Grant Program”

Resolution 25-118, “Resolution Approving Capital Improvement Projects for Fiscal Year 2025-26”

Redevelopment Successor Agency Resolution 25-02, “Resolution of the City Council of the City of Hayward, Acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the City of Hayward, Approving the Budget of the Redevelopment Successor Agency of the City of Hayward and Adopting
Appropriations for Fiscal Year 2025-26”

16 | June 17, 202 5

Hayward Housing Authority Resolution 25-01, “Resolution Confirming the Proposed Hayward Housing Authority Budget for Fiscal Year 2025-26”

18. Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2026 PH 25-033

Staff report submitted by Interim Finance Director Etman, dated June 17, 2025, was filed.

Mayor Salinas forwent the staff’s oral presentation.

There being no public comment, Mayor Salinas opened and closed the public hearing at 9:37 p.m.

It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-119, “Adoption of Appropriations Limit for Fiscal Year 2025-26 Pursuant to Article XIII B of the Constitution of the State of California”

LEGISLATIVE BUSINESS

19. Electrification Reach Code: Introduction of Revised Electrification Reach Code Ordinance with Minor Modifications Required by California Building Standards Commission; Adoption of a Resolution Making Findings in Support of Local Modifications to the 2022 California Building Standards Code, and Finding that the Action is Exempt from CEQA Review (Report from Public Works Director Ameri) LB 25-016

Staff report submitted by Public Works Director Ameri and Development Services Director Buizer, dated June 17, 2025, was filed.

Public Works Director Ameri provided a high-level overview of the staff report.

There being no public comment, Mayor Salinas opened and closed the public hearing at 9:39 p.m.

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR

AGENCY/ HOUSING AUTHORITY BOARD MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/85167081967?pwd=9hYekfksp8nsX0qa7I6ntW99bMPULH.1 Tuesday, June 17, 2025, 7:00 p.m.

It was moved by Council Member Zermeño, seconded by Council Member Bonilla Jr., and carried unanimously, to introduce the ordinance and adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Ordinance 25-_, “ An Ordinance Amending Reach Codes for the City of Hayward by Amending the City’s Off -Street Parking Regulations (Chapter 10, Article 2); and Amending the Building Code of the City of Hayward (Chapter 9, Article 1) of the Hayward Municipal Code”

Resolution 25-120, “Resolution of the City Council of the City of Hayward Finding and Determining the Need for Adoption of Local Modifications to the 2022 California Building Standards Code and Finding that the Action is Exempt from CEQA Review”

INFORMATIONAL ITEM

20. Update on the City Fleet Electrification and Electric Vehicle Charging RPT 25-055

Staff report submitted by Public Works Director Ameri and Maintenance Services Director Rullman, dated June 17, 2025, was filed.

Mayor Salinas noted the item was presented as general information for the City Council and public and did not receive any questions.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews announced the Juneteenth event at Heritage Plaza on June 21, 2025.

Council Member Syrop expressed gratitude to the community and organizers of the “No Kings” rally/ICE Out of Hayward protest, on June 14, 2025, which drew over 2,000 participants; highlighted Hayward’s ongoing commitment to being a sanctuary city ; and praised the Hayward Community Coalition for organizing the event swiftly and effectively. 18 | June 17, 202 5

Mayor Salinas shared that while Mayor Pro Tempore Roche presided over the meeting on June 17, 2025, he was in Washington, D.C. representing the Alameda County Transportation Commission, where he advocated for transportation safety and infrastructure improvements along the I -880 corridor ; announced his upcoming attendance at the U.S. Conference of Mayors in Tampa, FL, from June 19-22, 2025; and indicated that he failed to indicate, during the report out of closed session , that Dr. Ana Alvarez’s paid administrative leave was extended until June 24, 2025.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor/HRSA/HHA Chair Salinas adjourned the special City Council/HRSA/HHA Board meeting at 9:46 p.m.

APPROVED:

__________________________________________________________ Mark Salinas
Mayor, City of Hayward
Chair, Hayward Redevelopment Successor Agency Board
Chair, Hayward Housing Authority Board

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
Secretary, Hayward Redevelopment Successor Agency Board Secretary, Hayward Housing Authority Board

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-276
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Updated Community Workforce Agreement with the Alameda County Building Trades Council and Finding that the Action is Exempt from Environmental Review (Item carried from June 17, 2025)

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute an updated Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC) and finding that the action is exempt from environmental review.

SUMMARY
In April 2015, the City Council directed staff to negotiate and execute a CWA with the BTC for the new main library. At City Council’sdirection, staff brought forward an item on February 23, 2016 that allowed for the discussion of creating a Citywide CWA that could apply to a broader scope of projects within the community. Staff received policy direction from the City Council at that meeting regarding how a Citywide CWA might be structured. Subsequently, staff negotiated a CWA with the BTC, which included an effective date of July 6, 2017. The Citywide CWA was effective for 3 years and with a number of term extensions, expires on June 30, 2025. Staff and the BTC were open to discussing any modifications and drafting an updated CWA. Over the past several months, staff continued working with BTC on several elements of the CWA and successfully negotiated and agreed to the changes for an updated CWA.

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

DATE: June 24, 2025
TO:

FROM:

SUBJECT
Mayor and City Council
Director of Public Works
Adopt a Resolution Authorizing the City Manager to Execute an Updated Community Workforce Agreement with the Alameda County Building Trades Council and Finding that the Action is Exempt from Environmental Review (Item carried from June 17, 2025)

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a n updated Community Workforce Agreement (CWA) with the Alameda County Building Trades Cou ncil (BTC) and finding that the action is exempt from environmental review.

SUMMARY
In April 2015, the City Council directed staff to negotiate and execute a CWA with the BTC for the new main library. At City Council’s direction, staff brought forward an item on February 23, 2016 that allowed for the discussion of creating a Citywide CWA that could apply to a broader scope of projects within the community. Staff received policy direction from the City Council at that meeting regarding how a Citywide CWA might be structured.

Subsequently, staff negotiated a CWA with the BTC, which included an effective date of July 6, 2017. The Citywide CWA was effective for 3 years and with a number of term extensions, expires on June 30, 2025. Staff and the BTC were open to discussing any modifications and drafting an updated CWA. Over the past several months, staff continued working with BTC on several elements of the CWA and successfully negotiated and agreed to the changes for an updated CWA.

BACKGROUND
CWAs have been utilized in the construction industry to assure that labor issues related to major construction projects are minimized and to help accomplish local hiring and apprenticeship goals. CWAs are a type of collective pre-hire bargaining agreement between project managers or owners and organized labor that outline a variety of employment and other working conditions with the express purpose of providing peaceful settlement of labor disputes and grievances without work stoppages, strikes, or lockouts, thereby allowing for the timely and cost-effective completion of projects. It is noteworthy that there has never been a work stoppage or strike on any City projects in recent history.

In April 2015, the City Council directed staff to negotiate and execute a CWA with the BTC for the new main library.

That agreement included the following types of provisions:

 Requirements that the contractor and subcontractors on the project use local union hiring halls to hire trades workers for the projects;

 “Local Hire” provisions, encouraging the contractor to employ Hayward residents or Hayward Unified School District graduates;

 Requirements that all hired workers pay union dues and receive other benefit trust fund contributions;

 Management rights regarding employment procedures, including hiring, discipline, etc.;

 Grievance and arbitration procedures to allow for timely resolution of disputes;

 Standardized work rules and regulations; and

 Provisions governing requirements around apprenticeships.

At City Council’s direction, staff brought forward an item on February 23, 2016 that allowed for the discussion of creating a “Citywide” CWA that could apply to a broader scope of projects within the community. Staff received policy direction from the City Council at that meeting regarding how a Citywide CWA might be structured. Subsequently, staff negotiated a CWA with the BTC, which included an effective date of July 6, 2017. Below is a summary of the key elements of the final negotiated CWA:

1) The Citywide CWA applies to City projects where the construction cost of the project exceeds one million dollars ($1,000,000) based on the Engineer’s Estimate.

2) The Citywide CWA does not apply to private development projects or to projects awarded/managed by another third-party public agency where the City has contributed funding.

3) The City retains the ability to exempt certain specialty or unique projects from the CWA requirements as needed and upon approval by the City Council. Staff and the BTC would first meet in good faith to discuss the exemption. However, if the parties fail to reach a consensus, staff would be able to bring the project to the City Council for review and consideration.

4) During the duration of the Projects, the Union(s) and its members, agents, representatives and employees shall not incite, encourage, condone, or participate in any strike, walkout, slowdown, sit-down, stay-in, boycott, wobble, sympathy strike, picketing or other work stoppage or hand billing of any nature whatsoever, for any cause whatsoever (including jurisdictional disputes), and it is expressly agreed that any such action is a violation of the agreement.

5) A Joint Administrative Committee (JAC) comprised of two City representatives, two Union representatives, and one construction industry representative was established to review the implementation of the agreement and the progress of the projects. The JAC has the responsibility of monitoring the local hire and apprentice provisions of the agreement.

6) The agreement contains a goal that Hayward residents, and especially HUSD graduates, will perform a minimum of thirty (30%) percent of the hours worked on a craft-by-craft basis on the covered projects. Contractors shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedures. The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre- apprenticeship/internship program for HUSD graduates. If a Contractor fails to meet the Local Hire Goal or demonstrate a good faith effort, there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied.

Acceptable remedies include commitment to employ Hayward residents on non-City projects or acceptance of Hayward residents as new apprentices.

Contractors will be required under the agreement to hire one Hayward resident as a New Apprentice for the first one million dollars ($1,000,000) of construction costs with one additional apprentice for every five million dollars ($5,000,000) thereafter and with an assignment of a maximum of two New Apprentices to any one craft. A minimum of 50% of the applicable Apprentice hours on any project must be worked by the Hayward New Apprentice.

The BTC has also agreed to facilitate and encourage enrollment of at least ten (10) Hayward residents or HUSD graduates into State approved Labor-Management Apprenticeship programs during each year of the agreement term and facilitate placing them on a job site.

The Citywide CWA was negotiated with the BTC with an effective date of July 6, 2017 and a term of three years that expired on July 6, 2020. On January 26, 2021 the citywide CWA was extended to July 6, 2021, with an option for one six-month extension to December, 6, 2021. On April 19, 2022, the citywide CWA was extended to December 6, 2022. On December 6, 2022, the citywide CWA was extended to December 31, 2023. On December 5, 2023, staff requested extension of the current terms of the CWA to December 31, 2024 with

an option for one six-month extension to June 30, 2025 to allow time for staff and the BTC to discuss any modifications and draft an updated CWA.

DISCUSSION

On May 21, 2024, City Council approved the revised CWA and authorized the City Manager to execute the revised CWA; however, the revised CWA included revisions that were not fully agreed-to between the City and the BTC. One of those included the definition of “Local Resident” expanding the local hire goal beyond Hayward residents to other cities including Union City, San Leandro, Dublin, Pleasanton, Livermore, and Oakland. Another included redefining “Project” where the engineer’s estimate would include the project cost or the bid amount in determining the $1,000,000 threshold for the applicability of CWA on projects.

Since that time staff and the BTC continued to discuss several key provisions for an updated CWA. During this time, the term of the CWA was extended to allow time for negotiations to continue. Currently, the term ends June 30, 2025.

Over the past several months, staff continued working with BTC on several elements of the CWA and successfully negotiated and agreed to the changes for an updated CWA (Attachment III). Below are key changes:

Article 1.8 - Definitions
“District Graduate” means a person who has graduated from a Hayward Unified School District high school or adult education program, or who has received a G.E.D. from Hayward Unified School District.

Article 1.12 - Definitions
"Project" means City projects paid for in whole or in part by City funds, where the engineer’s estimate exceeds one million dollars ($1,000,000). The City shall not split, divide, or otherwise separate Projects or Construction Contracts for the purpose of avoiding application of this Agreement. The City and the BTC may mutually agree in writing to add additional projects or components to be covered by this Agreement. The term “Project” applies to each and all projects as defined in this section, whether used in the singular or plural herein.

Article 2.1 – Scope of Agreement
Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), and their successors and assigns, the City, the BTC, and the Unions signatory to this Agreement.

Article 2.3 – Scope of Agreement
Project Description: This Agreement shall govern the award of all of the Construction Contracts identified by the City as part of the Project. All Projects that are subject to this Agreement shall be identified as covered Projects in the agenda report to the City Council requesting the authorization to solicit bids. The JAC has the right to exempt projects under this Agreement upon discussion and mutual agreement between City staff and the Building Trades Council. If there is no agreement with respect to exempting a particular project, the

matter will be presented to City Council for decision. The City has the absolute right to combine, change, consolidate, suspend or cancel Construction Contract(s) or portions of Construction Contract(s) identified as part of the Projects; provided, however, that if such Construction Contract(s) or portion of Construction Contract(s) is thereafter reauthorized, this Agreement shall apply. Once a Construction Contract is Completed, it is no longer covered by this Agreement, except when a Contractor is directed to engage in repairs, warranty work or modifications required by its Construction Contract with the City.

Article 3.7 – Effect of Agreement
The provisions of this Agreement, including the Master Agreements incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Master Agreements, the provision of this Agreement shall prevail. Where a provision of a Master Agreements does not conflict with this Agreement, the provision of the Master Agreements shall apply.

Article 7.7 – Union Representation and Referral
A Sole Operator, as defined in this Agreement under Section 1.14, self-performing work on a covered Project shall not be required to request dispatch for themselves from the Union hall with jurisdiction over the Sole Operator's work unless the craft is covered under Operating Engineers Local 3 and as such shall agree with and execute Addendum C, Sole Operator Side Letter. However, if the Sole Operator hires any additional employees subsequent to starting work on a covered Project, the Sole Operator will be treated as the core employee in accordance with Section 7.8 below. Before hiring an employee(s) on the Project, the Sole Operator must request permission from the JAC through the Coordinator and provide evidence of compliance with CLSB and Workers Compensation requirements.

For purposes of this Agreement, Sole Operators performing construction trucking work will be exempt from trust fund obligations but must pay representational fees. All Sole Operators, including truckers, must sign this Agreement's Letter of Assent prior to starting work on a covered Project.

Article 7.10 – Union Representation and Referral
The parties agree to a goal that Hayward Residents, and especially District Graduates, will perform a minimum of thirty (30%) percent of the hours worked on the Projects (the “Local Hire Goal”). Contractor(s)/Employer(s) shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedures. Throughout the hiring process, priority will be given to Hayward Residents and/or District Graduates.

The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre- apprenticeship/internship program for District Graduates. If a Contractor/Employer fails to meet the Local Hire Goal or demonstrate a good faith effort, there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied. Acceptable remedies include: commitment to employ Hayward Residents on non-City projects or acceptance of Hayward Residents as new apprentices.

Article 7.12 – Union Representation and Referral
It is the responsibility of Contractors/Employers to document all requested dispatches and the Union’s response. The Unions agree to use the Craft Dispatch Request Form for dispatch requests. Such documentation shall be provided to the City by the Contractor/Employer within ten (10) days of request by the City.

Article 18.3 – Term
This Agreement shall become effective on the day it is executed by the City and the BTC.

Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the BTC shall meet to discuss proposed changes, if any, to the Agreement. Absent changes or termination, the Agreement will roll over for an additional five (5) years.

Environmental Review
This action is statutorily exempt from analysis under the California Environmental Quality Act (CEQA) for the reason that it is not a project. CEQA Guidelines, Section 15378(b)(5), states that a project does not include "Organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” CEQA review will be completed separately for individual Public Works’ projects subject to the Citywide CWA.

ECONOMIC IMPACT

There has been much debate over the years regarding the impacts of CWAs and their potential benefits (i.e., smoother management/labor relationships, increased local hiring, and improved pay and benefits to workers over and above that of a prevailing wage job).

On the other hand, the concerns include that any form of restrictions on contractors’ bids may result in fewer bids being received, thereby potentially higher costs.

Furthermore, as the purchasing power of $1M gets reduced over the years, thereby more projects are subjected to CWA, this could make it more difficult for non-union smaller, local contractors to bid on City projects.

Prior staff reports to City Council have provided detail regarding project cost implications.

FISCAL IMPACT

This item has no direct fiscal impact to the City’s General Fund.

STRATEGIC ROADMAP

This agenda item is a routine operational item that does not relate to any of the Strategic Initiatives.

SUSTAINABILITY FEATURES

This item has no sustainability features.

PUBLIC CONTACT

No public contact has been made related to this item.

NEXT STEPS

If the City Council adopts the attached resolution, the City Manager will execute the updated CWA between the City of Hayward and the BTC.

Prepared by: Dave Hung, Acting Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

____________________________________________
Michael Lawson, J.D.

Acting City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25- ______

Introduced by Council Member

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD

AUTHORIZING THE CITY MANAGER TO EXECUTE A N UPDATED

COMMUNITY WORKFORCE AGREEMENT WITH THE ALAMEDA
COUNTY BUILDING TRADES COUNCIL ; AND FINDING THAT THE

ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW

WHEREAS, Community Workforce Agreem ents (CWA)s have been utilized in the construction industry to assure that labor issues related to major construction projects are minimized and to help accomplish local hiring and apprenticeship goals. CWAs are a type of collective pre-hire bargaining agreement between project managers or owners and organized labor that outline a variety of employment and other working conditions with the express purpose of providing peaceful settlement of labor disputes and grievances without work stoppages, strikes, or lockouts, thereby allowing for the timely and cost-effective completion of projects.; and

WHEREAS, In April 2015, the City Council directed staff to negotiate and execute a CWA with the Alameda County Building Trades Council (BTC) for the new main library; and

WHEREAS, on February 23, 2016, the City Council directed staff to pursue a Citywide CWA; and

WHEREAS, the Citywide CWA was negotiated with the BTC with an effective date of July 6, 2017 and a term of three years that expired on July 6, 2020; and

WHEREAS, by Resolution No. 21-013 on January 26, 2021 the citywide CWA was extended to July 6, 2021, with an option for one six-month extension to December, 6, 2021; and
WHEREAS, by Resolution No. 22-080 on April 19, 2022, the citywide CWA was extended to December 6, 2022; and

WHEREAS, by Resolution No. 22-293 on December 6, 2022, the citywide CWA was extended to December 31, 2023; and

WHEREAS, by Resolution No. 23-263 staff requests extension of the current terms of the CWA to December 31, 2024 with an option for one six-month extension to June 30, 2025; and

WHEREAS, on May 21, 2024, City Council approved the revised CWA and authorized the City Manager to execute the revised CWA; however, the revised CWA included revisions that were not agreed-to between the City and the BTC; and

WHEREAS, over the past several months, staff continued working with BTC on several elements of the CWA and successfully negotiated and agreed to the changes for an updated CWA.

NOW THEREFORE BE IT RESOLVED, that the City Council approves the updated Community Workforce Agreement and the City Manager is authorized to execute the updated Community Workforce Agreement with the Alameda County Building Trades Council and any other documents necessary to finalize and effectuate the updated Agreement, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED THAT the City Council finds that this action is statutorily exempt from analysis under the California Environmental Quality Act (CEQA) for the reason that it is not a project. CEQA Guidelines, Section 15378(b)(5), states that a project does not include "Organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” CEQA review will be completed separately for individual Public Works’ projects subject to the Citywide CWA.

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

1 COMMUNITY WORKFORCE AGREEMENT

FOR THE CITY OF HAYWARD

INTRODUCTION/FINDINGS
This Community Workforce Agreement is entered into this ____ day of _______________, 20____, by and between the City of Hayward (hereinafter the “City”), together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum A) (referred to herein as the “Contractor(s)/Employer(s)”), and the Building and Construction Trades Council of Alameda County (referred to herein as the “Council”) and the labor organizations that have executed this Agreement (referred to collectively herein as the “Union(s)”).

The purpose of this Agreement is to promote the efficiency of construction operations for the City of Hayward through the use of skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) covered by this Agreement, while promoting diversity in the construction trades and helping to increase training and employment opportunities for graduates of the Hayward Unified School District (“HUSD”) and Hayward residents in the construction trades through local hire, apprenticeship and pre−apprentice programs.

WHEREAS, the timely and successful completion of the Project is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on the Project and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on a Project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist; and

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

2 WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Project if Union and non-union workers of different employers were to work side by side on the Project, potentially leading to labor disputes that could delay completion of the Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the contract(s) for construction work on the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Project.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS
"Agreement" means this Community Workforce Agreement.
"Agreement to be Bound" means the agreement (attached hereto as Addendum A) that shall be executed by each and every Contractor/Employer as a condition of working on the Project.
"City" means the City of Hayward and its governing board, officers, agents and employees, including managerial personnel.
"Completion" means that point at which there is Final Acceptance by the City of a Construction Contract and the City has filed a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

3 “Construction Contract” means the public works or improvement contract(s) (including design-bid, design-build, lease-leaseback or other contracts under which construction of the Project is done) awarded by the City that are necessary to complete the Project. "Contractor(s)/Employer(s)" or "Contractor(s)" or "Employer(s)" means any individual, firm, partnership or corporation (including the prime contractor, general contractor, construction manager, project manager, design-build entity, lease-leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, and all contractors and subcontractors of any tier. “Council” means the Building and Construction Trades Council of Alameda County.
“District Graduate” means a person who has graduated from a Hayward Unified School District high school or adult education program, or who has received a G.E.D. from Hayward Unified School District.
“Hayward Resident” means any individual who at any time during the Projects’ construction can certify through a utility bill or other similar means acceptable to the parties that the individual resides within the boundaries of the City of Hayward. “Master Agreement” or “Schedule A” means the Master Collective Bargaining Agreement(s) of each craft Union signatory hereto.
“New Apprentice” means an individual who is: (i) being sponsored into or has been enrolled in an apprenticeship program currently registered with the State of California’ s Division of Apprenticeship Standards; and (ii) has worked no more than twelve (12) months in the applicable craft or trade.
"Project" means City projects paid for in whole or in part by City funds, where the engineer’s estimate exceeds one million dollars ($1,000,000). The City shall not split, divide, or otherwise separate Projects or Construction Contracts for the purpose of avoiding application of this Agreement. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. The term “Project” applies to each and all projects as defined in this section, whether used in the singular or plural herein. “Project Manager” means the person(s) or entity(ies) designated by the City to oversee all phases of construction on the Project and the implementation of this Agreement. “Sole Operator” means a licensed contractor with no employees and exempted by the Contractor’s State License Board from the requirement to carry workers’ compensation insurance. (See: California Business and Professions Code section 7125.) “Veteran” means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. “Union” or “Unions” means the Building and Construction Trades Council of Alameda County and the labor organizations identified on the attached signature page that

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

4 become signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), and their successors and assigns, the City, the Council, and the Unions signatory to this Agreement.

2.2 Applicability: This Agreement governs all Construction Contracts awarded on the Project. For purposes of this Agreement, Construction Contracts shall be considered Completed as set forth in Section 1.4, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.

2.3 Project Description: This Agreement shall govern the award of all of the Construction Contracts identified by the City as part of the Project. All Projects that are subject to this Agreement shall be identified as covered Projects in the agenda report to the City Council requesting the authorization to solicit bids. The JAC has the right to exempt projects under this Agreement upon discussion and mutual agreement between City staff and the Building Trades Council. If there is no agreement with respect to exempting a particular project, the matter will be presented to City Council for decision. The City has the absolute right to combine, change, consolidate, suspend or cancel Construction Contract(s) or portions of Construction Contract(s) identified as part of the Projects; provided, however, that if such Construction Contract(s) or portion of Construction Contract(s) is thereafter reauthorized, this Agreement shall apply. Once a Construction Contract is Completed, it is no longer covered by this Agreement, except when a Contractor is directed to engage in repairs, warranty work or modifications required by its Construction Contract with the City.

2.4 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, painting or repair of buildings, structures and other works, and related activities for the Project that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start-up, modular furniture installation, and final clean-up. Covered Work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project.

2.3.1 This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project performed after Completion, unless performed by City employees.

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

5 2.3.2 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s).

2.3.3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, this Agreement covers all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.

2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XII and XIII of this Agreement shall apply to such work.

2.3.5 The on-site installation or application of all items shall be performed by the craft having jurisdiction over such work as set forth under the provisions of this Agreement; provided, however, that the installation of specialty items which may be furnished by the Contractor shall be performed by construction persons employed under this Agreement who may be directed by other personnel in a supervisory role; further, provided, however, in limited circumstances requiring special knowledge of the particular item(s), work may be performed by construction persons of the vendor or other companies where necessary to protect a manufacturer’s warranty, provided, however, that the vendor or manufacturer has demonstrated by an enumeration of specific tasks that the work cannot be performed by craft workers employed under this Agreement. The issue of whether it is necessary to use construction persons of the vendor or other companies shall be subject to the grievance and arbitration clause of this Agreement; however, prior to filing a grievance for an alleged violation of this provision, the applicable parties shall meet and confer to informally resolve the dispute. Work subject to manufacturer’s warranty shall be discussed during the pre-job conference.

2.4 Exclusions: The following shall be excluded from the scope of this Agreement.

2.4.1 This Agreement shall not apply to work performed by the City’s own employees as permitted by the Public Contract Code.

2.4.2 This Agreement shall not apply to a Contractor/Employer’s non-construction craft executives, managerial employees, administrative personnel, and supervisors above the level of general foreman (unless covered by a Master Agreement).

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

6 2.4.3 This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city, or other governmental bodies or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work.

Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.

2.4.4 This Agreement shall not apply to the off-site maintenance of leased equipment and on-site supervision of such work.

2.4.5 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time. Furthermore, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or regulations, permits or to accommodate the ongoing operations of the City’s facilities and/or to mitigate the effect of the ongoing Projects’ work on the businesses and residents in the neighborhood of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the City’s facilities and to remain a good neighbor to the residents and businesses in the area of the Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this section.

2.4.6 Public Contract Code Section 2500(a): This Agreement is adopted in accordance with the taxpayer protection provisions of section 2500(a) of the California Public Contract Code.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

7 agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.

3.4 (a) With regard to any Contractor that is independently signed to any Master Agreement, this Community Workforce Agreement shall in no way supersede or prevent the enforcement of any subcontracting clause contained in such Master Agreement, except as specifically set forth in subsection (b) of this Section. Any such subcontracting clause in a Master Agreement shall remain and be fully enforceable between each craft union and its signatory employers, and no provision of this Community Workforce Agreement shall be interpreted and/or applied in any manner that would give this Community Workforce Agreement precedence over subcontracting obligations and restrictions that exist between craft unions and their respective signatory employers under a Master Agreement, except as specifically set forth in subsection (b) of this Section 3.4. To the extent that the provisions of this Agreement are inconsistent with any other provisions contained in a Master Agreement, the provisions of this Agreement shall prevail.
(b) If a craft union (hereafter "Aggrieved Union") believes that an assignment of work on this Project has been made improperly by a contractor or subcontractor, even if that assignment was as a result of another craft union's successful enforcement of the subcontracting clause in its Master Agreement, as permitted by subsection (a) of this Section 3.4, the Aggrieved Union may submit a claim under the jurisdictional resolution process contained in Article 12 of this Community Workforce Agreement, and the decision rendered as part of that process shall be enforceable to require the contractor or subcontractor that made the work assignment to assign that work prospectively to the Aggrieved Union. An award made to a craft union under the subcontracting clause of its Master Agreement, as permitted pursuant to Section 3.4(a) of this Article, shall be valid and fully enforceable by that craft union unless it conflicts with a jurisdictional award made pursuant to this Community Workforce Agreement. If the award made under the Master Agreement conflicts with the jurisdictional award, the award of any damages under the former shall be null and void ab initio.

3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement.

3.6 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

8 3.7 The provisions of this Agreement, including the Master Agreements incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Master Agreements, the provision of this Agreement shall prevail. Where a provision of a Master Agreements does not conflict with this Agreement, the provision of the Master Agreements shall apply.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1. The Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other facility of City because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.

4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project.

4.1.3 If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.

4.1.4 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business day’s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employers’ or their subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

9 4.1.5 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify in writing the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for the unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 12.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

10 4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.

4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.

4.2.8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

PRE-JOB CONFERENCES

5.1 Timing: The Project Manager shall convene and conduct a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below. The pre-job conference shall be held at a location and time mutually agreeable to the Council. Upon mutual agreement of the applicable parties, the pre-job conference may be conducted via Microsoft Teams, Zoom, or another teleconferencing platform.

The pre-job conference shall be conducted at least fourteen (14) calendar days prior to:
(a) The commencement of any Project work, and
(b) The commencement of Project work on any subsequently awarded Construction Contract.

5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City may attend at their discretion.

5.3 The pre-job conference shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements;

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

11 (e) The estimated start and completion dates of the work; and (f) Discussion of pre-fabricated materials.

5.4 Review Meetings: The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the terms of this Agreement are being fulfilled.

ARTICLE VI

NO DISCRIMINATION

6.1 The Contractors/Employers and the Unions agree to comply with all anti- discrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION REPRESENTATION AND REFERRAL

7.1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project.

7.2 The Contractors/Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.

7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project.

7.4 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

7.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.

7.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

12 Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires a worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on the Project.

7.7 A Sole Operator, as defined in this Agreement under Section 1.14, self- performing work on a covered Project shall not be required to request dispatch for themselves from the Union hall with jurisdiction over the Sole Operator's work unless the craft is covered under Operating Engineers Local 3 and as such shall agree with and execute Addendum C, Sole Operator Side Letter. However, if the Sole Operator hires any additional employees subsequent to starting work on a covered Project, the Sole Operator will be treated as the core employee in accordance with Section 7.8 below. Before hiring an employee(s) on the Project, the Sole Operator must request permission from the JAC through the Coordinator and provide evidence of compliance with CLSB and Workers Compensation requirements. For purposes of this Agreement, Sole Operators performing construction trucking work will be exempt from trust fund obligations but must pay representational fees. All Sole Operators, including truckers, must sign this Agreement's Letter of Assent prior to starting work on a covered Project.

7.8 In the event that a Contractor/Employer has its own core employees, the Contractor/Employer may request by name, and the local union will honor, referral of persons who demonstrate the following qualifications:
(1) Possess any license and/or certifications required by state or federal law for the Project work to be performed; and

(2) Have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; and

(3) Were on the Contractor/Employer’s active payroll for at least sixty (60) days out of the one hundred and eighty (180) calendar days prior to the contract award; and

(4) Have the ability to perform safely the basic functions of the applicable trade.

(5) Are Hayward Residents or District Graduates.

7.9 The Union will refer to such Contractor/Employer one journeyperson employee from the hiring hall out-of-work list for the affected trade or craft, and will then thereafter refer one of such Contractor/Employer’s “core” employees as a journeyperson and shall repeat the process, one and one, until such Contractor/Employer’s crew requirements are met or until such Contractor(s)/Employer(s) has hired no more than five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work lists(s). For the duration of the Contractor/Employer’s work, the ratio shall be maintained and when the Contractor/Employer’s workforce is reduced, employees

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

13 shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractor(s)/Employer(s) signatory to a Master Agreement with Union(s) signatory hereto shall be bound to use the hiring hall provisions contained in the relevant collective bargaining agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement, as they relate to such Contractor(s)/Employer(s). Any exceptions requested to this process must be referred to the JAC for review.

7.10 The parties agree to a goal that Hayward Residents, and especially District Graduates, will perform a minimum of thirty (30%) percent of the hours worked on the Projects (the “Local Hire Goal”). Contractor(s)/Employer(s) shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedures. Throughout the hiring process, priority will be given to Hayward Residents and/or District Graduates. The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre-apprenticeship/internship program for District Graduates. If a Contractor/Employer fails to meet the Local Hire Goal or demonstrate a good faith effort, there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied. Acceptable remedies include: commitment to employ Hayward Residents on non-City projects or acceptance of Hayward Residents as new apprentices.

7.11 Contractors/Employers that have employed a Hayward Resident for up to six (6) months preceding the start of the Project for a minimum of at least one hundred (100) hours per month who has the ability to perform safely the basic functions of the applicable trade may receive credit for fifty (50%) percent of those hours towards the Local Hire Goal. A Contractor/Employer may also receive credit for fifty (50%) percent of the documented hours performed by Hayward Residents on non-City projects, when such hours are concurrent with the Contractor/Employer’s work on the Project. The maximum total combined credit that can be applied under this section is half of the Local Hire Goal.

7.12 It is the responsibility of Contractors/Employers to document all requested dispatches and the Union’s response. The Unions agree to use the Craft Dispatch Request Form (attached hereto as Addendum B) for dispatch requests. Such documentation shall be provided to the City by the Contractor/Employer within ten (10) days of request by the City.

ARTICLE VIII

WAGES AND BENEFITS

8.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s).

8.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 8.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

14 authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).

8.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

8.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.

8.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire Marshall. All testing and/or maintenance performed on any Fire Sprinkler System shall be performed by an individual who has graduated from a state-approved apprenticeship program. All apprentices working on fire protection systems shall be registered with a state-approved apprenticeship program.

ARTICLE IX

JOINT ADMINISTRATIVE COMMITTEE

9.1 The parties to this Agreement shall establish a five (5) person Joint Administrative Committee. This Committee shall be comprised of two (2) representatives selected by the City; two (2) representatives selected by the Unions; and one (1) industry representative mutually agreed to by the parties. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum of the Joint Administrative Committee shall consist of three members, comprising at least one representative from the City and one representative from the Building Trades Council.

9.2 The Joint Administrative Committee shall meet as required, but not less than once each quarter, to review the implementation of the Agreement and the progress of the Projects.

Any question by any party to the Agreement regarding the meaning, interpretation or application of the provisions of this Agreement shall be referred directly to the Joint Administrative Committee for review and recommendation. The Joint Administrative Committee will also have the responsibility of monitoring the provisions in Article VII and X.

ARTICLE X

APPRENTICES

10.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

15 their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

10.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

10.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised.

10.4 Community Workforce Partnerships: The parties recognize the need to build within the City a pipeline to careers in the construction industry. Such efforts would serve the parties’ mutual goals of providing career opportunities and of developing adequate numbers of competent workers in the construction industry. In furtherance of these goals, the parties agree to work together in good faith, and in partnership with the Construction Trades Workforce Initiative (“CTWI”), and in conjunction with other interested City community-based organizations, to identify and develop an initiative or multiple initiatives to connect Hayward Residents and District Graduates with careers in the Building and Construction Trades, with a particular focus on providing opportunities to disadvantaged individuals.

10.5 Contractor(s)/Employer(s) are required to hire one Hayward Resident as a New Apprentice for the first 1 million dollars ($1,000,000) of construction costs with one additional apprentice for every $5 million dollars ($5,000,000) thereafter (capped at 2 per craft). A minimum of 50% of the applicable Apprentice hours on any project must be worked by the Hayward New Apprentice. Any modifications to these requirements must be agreed to by the JAC. There shall be no more than two New Apprentices for each craft, and the General Contractor/Employer shall be entitled to include New Apprentices hired by their subcontractors to meet this requirement. The City will refer the names of District Graduates and/or Hayward Residents to the Union and Contractor(s)/Employer(s), and the Unions agree to cooperate with the Contractor/Employer in furnishing apprentices as requested. The hiring, supervision and compensation of apprentices shall be in accordance with the Apprenticeship Programs in the Master Agreements. The Contractor/Employer may deploy the Hayward New Apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the craft on the City project. The failure of the City to refer names and/or the Unions to provide those apprentices upon request will relieve the Contractor/Employer of this First-Period Apprentice hiring responsibility. The Contractor/Employer shall make good faith efforts to hire Apprentices for a minimum of six (6) months or 1,000 labor hours.

10.6 The Council shall encourage the enrollment of at least ten (10) Hayward Residents or District Graduates into State approved Labor-Management Apprenticeship programs during each year of the agreement term and facilitate placing them on a job site.

10.7 Contractors/Employers who hire Hayward Resident First-Period Apprentices shall be credited with two (2) work hours towards the Local Hire Goal, for each hour worked by the Hayward Resident First-Period Apprentices.

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

16 10.8 The intent of the apprentice requirement is to employ new apprentices to the fullest extent permissible by state law and the Master Agreements. The failure of the Contractor/Employer and its subcontractors to maintain qualified apprentices on the Project will be subject to Division of Apprenticeship Standards’ penalties and further penalties as determined by the Joint Administrative Committee. Contractors/Employers, Unions and the Building Trades Council shall use good faith efforts to retain apprentices employed pursuant to this Agreement and advance those apprentices to journeyperson status.

10.9 It shall be the responsibility of Contractors/Employers to report and document compliance with this Article. Contractors/Employers shall submit reports to the City on a monthly basis on an open electronic platform that is uniform and centralized with a module that is capable of properly collating and distilling the requested data outputs:
(i) Certified Payroll Reports; and
(ii) Reports containing the number of workers who satisfy the City’s Project specific apprenticeship and workforce training goals.
(iii) In the event the City does not currently utilize such software, the City shall work with the Council to identify and implement the software and its requisite module. The City shall oversee the platform and be responsible for requiring Contractors/Employers to upload timely reports into the system as part of their regular payment application process. The Council and its affiliated local Unions shall be provided login access to ensure reporting accuracy.

10.10 Contractors/Employers may request a negotiated compliance plan if compliance with the requirements of this Article is unreasonable or poses difficulty due to safety. In this case the Contractor/Employer will make the request in writing for a meeting with the Joint Administrative Committee prior to the commencement of work. The Joint Administrative Committee will then review this request, and if there is consensus, will approve the negotiated compliance plan, that the Contractor/Employer will sign off on. This new document will become the new local hiring requirements that the Contractor/Employer will have to meet or risk being in non-compliance.

ARTICLE XI

HELMETS TO HARDHATS

11.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

11.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

17 apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XII

COMPLIANCE

12.1 It shall be the res ponsibility of the Contractors /Employers and Unions to investigate and monitor compliance with the provisions of Article VIII of this Agreement .

Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City shall monitor and enforce the Contractors/Employers’ compliance with state prevailing wage requirements as well as this Agreement.

ARTICLE XIII

GRIEVANCE ARBITRATION PROCEDURE

13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XIII, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.

13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

13.4 Grievances shall be settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the Contractor/Employer, or the

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

18 Contractor/Employer’s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designated in Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Carol Vendrillo

3. Morris Davis

13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.

13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail.

The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

19 paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.

13.9 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE XIV

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

14.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Andrea Dooley, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.

14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.

ARTICLE XV

MANAGEMENT RIGHTS

15.1 Consistent with the Schedule A agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized.

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

20 ARTICLE XVI

DRUG AND ALCOHOL TESTING

16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.

16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Master Agreement.

16.3 The use, sale, transfer, purchase and/or possession of cannabis or a related substance at any time during the work day is prohibited. Drug tests and screens that detect non- psychoactive cannabis metabolites, which are the metabolites left in the body after it metabolizes tetrahydrocannabinol (THC), shall not be used as a basis for discipline. Workers shall only be subject to discipline for testing positive on a drug test or screen that is designed to detect current impairment or active THC levels.

ARTICLE XVII

SAVINGS CLAUSE

17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XVIII
TERM

18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project.

18.2 This Agreement shall apply until the Completion of each Project in accordance with Sections 1.4 and 2.2.

18.3 This Agreement shall become effective on the day it is executed by the City and the Council. Prior to each five (5) year anniversary of the effective date of this Agreement, the

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

21 City and the Council shall meet to discuss proposed changes, if any, to the Agreement. Absent changes or termination, the Agreement will roll over for an additional five (5) years.

ARTICLE XIX

MISCELLANEOUS PROVISIONS

19.1 Section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.

19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

[SIGNATURES TO FOLLOW]

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

22 CITY OF HAYWARD

By:

Date:

BUILDING AND CONSTRUCTION TRADES

COUNCIL OF ALAMEDA COUNTY

By:

Date:

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

23 UNION SIGNATURES

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

24 Addendum A

AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Hayward Community Workforce Agreement
Agreement to be Bound
Dear ________________:

The undersigned confirms that it agrees to be a party to and bound by the City of Hayward Community Workforce Agreement (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section

8.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the City of Hayward Community Workforce Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

25 Addendum B

CRAFT DISPATCH REQUEST FORM

CITY OF HAYWARD COMMUNITY WORKFORCE AGREEMENT

REQUEST FOR CRAFT EMPLOYEES
To the Contractor:

Please complete and transmit this form to the applicable Union to request craft workers that fulfill all hiring requirements of the City of Hayward Community Workforce Agreement. After transmitting your request, call the Local Union to verify receipt and substantiate their capacity to furnish categories of workers as requested. Please print your completed Craft Dispatch Request Form and keep a copy of this request for your records.

To:

Name of Union: _______________ Fax# ____________________ Date: ________________

From:

Name of company: ______________ Name of individual sending request: __________________ Contractor Phone# _____________

Please provide me with Union craft workers per the City of Hayward Community Workforce Agreement’s hiring requirements, to assist in fulfillment of project requirements as defined below:

Hayward Residents (any individual who at any time during the Projects’ construction can certify through a utility bill or other similar means acceptable to the parties that the individual resides within the boundaries of the City of Hayward.)

District Graduates (an individual who has graduated from a Hayward Unified School District high school or adult education program, or who has received a G.E.D. from Hayward Unified School District)

New Apprentices (an individual who is: (i) being sponsored into or has been enrolled in an apprenticeship program currently registered with the State of California’ s Division of Apprenticeship Standards; and (ii) has worked no more than twelve (12) months in the applicable craft or trade.)

General Dispatch (Union craft employees dispatched per normal dispatch procedures not including the above)

Job/Craft Description Number Requested Number
Requested
Number
Requested
Number
Requested
Total Number
Requested
Report
Date
Report Time
Hayward Resident District Graduate New Apprentice General Dispatch

Please have worker(s) report to the following work address indicated below:

_______________________________________________________________________________

Comments or special requirements
_______________________________________________________________________________

ATTACHMENT III

Community Workforce Agreement
for the City of Hayward

26 Addendum C

SOLE OPERATOR SIDE LETTER

Notwithstanding Section 7.7 of the Community Workforce Agreement for the City of Hayward (“CWA”), a Sole Operator who self-performs construction work covered by Operating Engineers Local 3 must abide by all applicable provisions related to dispatch of the Local 3 Master Agreement. As such, a Sole Operator must still obtain a dispatch from the Union hiring hall, in conformance with the Local 3 Master Agreement, and may work with the tools of the trade. If the Sole Operator hires any additional employees, those employees must be dispatched in conformance with the CWA.

All other provisions of the CWA shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Side Letter and it shall be effective as of the date last executed hereinbelow.

CITY OF HAYWARD

By:

Date:

BUILDING AND CONSTRUCTION TRADES

COUNCIL OF ALAMEDA COUNTY

By:

Date:

OPERATING ENGINEERS LOCAL 3

By:

Date:

SOLE OPERATOR

By:

Date:

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-277
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to 1) Accept and Appropriate $246,855, from Alameda County Health for School-Based Mental Health Services for Fiscal Year 2025 Through 2026, and 2) Negotiate and Execute an Agreement with the County for Such Services

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement with Alameda County Health (AC Health) to accept and appropriate $246,855 for school- based mental health services provided by the City in Fiscal Year 2025 through 2026.

SUMMARY
Consistent with best practices on the most effective way to serve youth in a school setting, the Youth and Family Services Bureau (YFSB) School-Based Mental Health Programs take a broad approach to serving students by offering a continuum of interconnected school-based behavioral health services that include prevention, early intervention, and treatment for students and their families who attend HUSD schools.

The key components of the program include:
· Mental health counseling and clinical case management services for youth and families; · Therapeutic and positive youth development groups;
· Mental health consultation and classroom support for teachers, administrators and other school staff;
· Workshops, support groups and other consultation for parents/caregivers; · Mental health crisis response in the aftermath of school-related tragedies; · Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools; and · Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members.

Under the recommended agreements, 3.0 Full-Time Equivalent (FTE) Family Counselors will provide the services above to three identified schools.

CITY OF HAYWARD Printed on 6/20/2025Page 1 of 2
powered by Legistar™
File #:CONS 25-277
Council approval is requested to authorize the City Manager to negotiate and execute the annual contract with the County for site-based mental health services to maintain these important services for students.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/20/2025Page 2 of 2
powered by Legistar™

DATE: June 24, 2025

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to 1) Accept and Appropriate $246,855, from Alameda County Health for School-Based Mental Health Services for Fiscal Year 2025 Through 2026, and 2) Negotiate and Execute an Agreement with the County for Such Services

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement with Alameda County Health (AC Health) to accept and appropriate $246,855 for school-based mental health services provided by the City in Fiscal Year 2025 through 2026.

SUMMARY

Consistent with best practices on the most effective way to serve youth in a school setting, the Youth and Family Services Bureau (YFSB) School-Based Mental Health Programs take a broad approach to serving students by offering a continuum of interconnected school-based behavioral health services that include prevention, early intervention, and treatment for students and their families who attend HUSD schools. The key components of the program include:
 Mental health counseling and clinical case management services for youth and families;  Therapeutic and positive youth development groups;
 Mental health consultation and classroom support for teachers, administrators and other school staff;
 Workshops, support groups and other consultation for parents/caregivers;  Mental health crisis response in the aftermath of school-related tragedies;  Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools; and
 Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members.

Under the recommended agreements, 3.0 Full-Time Equivalent (FTE) Family Counselors will provide the services above to three identified schools.

Council approval is requested to authorize the City Manager to negotiate and execute the annual contract with the County for site-based mental health services to maintain these important services for students.

BACKGROUND

Preparing students to thrive and graduate high school ready for college and a career is one of the primary goals of K-12 education. Increasingly, educating the whole child to promote social-emotional and character development as well as academic skills is becoming a recognized best practice in education.1 The field of Social-Emotional Learning (SEL) offers a framework for how to incorporate a focus on the emotional needs of students into the daily tasks of education. The research shows that with this approach, students demonstrate significantly improved social and emotional skills, attitudes, behavior, and academic performance.2 Moreover, forming and maintaining relationships with caring adults at school has been linked to long-term success and can serve as a protective factor against trauma and other challenges.3

For nearly two decades, the YFSB has had an annual contract with AC Health to provide school-based counseling and other support services in Hayward schools. In 2009, AC Health, Healthy Schools and Communities launched a School-Based Behavioral Health Initiative to address student social-emotional issues as a critical ingredient for learning. The initiative shifted the YFSB’s focus to include work with the whole school climate (including parents, teachers, administrators, community providers, and others) in addition to the counseling services (individual, group, and family) that were already being provided. The framework shift sought to amplify opportunities for youth to make crucial connections to adults by supporting the whole school, which included offering a range of services to both the youth and adults in the school system.

Current services offered include:
 School-based mental health services for youth and their families;  Mental health consultation training for teachers, staff, administrators, and parents;  Development and improvement of referral and service coordination systems; and

1 AEI-Brookings Workgroup on Poverty and Opportunity, Opportunity, Responsibility and Security: A Consensus Plan for Reducing Poverty and Restoring the American Dream. December 3, 2015. Accessed August 24, 2020. https://www.brookings.edu/research/opportunity-responsibility-and-security-a-consensus-plan-for-reducing-poverty-and- restoring-the-american-dream/
2 Durlak, J. A., Weissberg, R. P., Dymnicki, A. B., Taylor, R. D. & Schellinger, K. B. (2011). The impact of enhancing students’ social and emotional learning: A meta-analysis of school-based universal interventions. Child Development, 82(1): 405–432.
3 Scales, P.C., Boat, A., & Pekel, K. (2020). Defining and Measuring Social Capital for Young People: A Practical Review of the Literature on Resource-Full Relationships. Minneapolis: Search Institute. Report for the Bill & Melinda Gates Foundation

 Consultation on school-wide efforts to create positive, culturally inclusive school environments.

The services offered by the YFSB are integrated with other social emotional learning strategies provided by County staff and a network of community-based behavioral health providers and serve as part of a larger system of support in HUSD for Hayward students.

Currently, the County provides funding in the amount of $246,855 annually to offset the cost of three full-time equivalents (FTEs) YFSB Family Counselors to provide services on site in three Hayward schools.

The tables below summarize the services provided in the 2024-25 school year by the three YFSB Family Counselors assigned to the School-Based Mental Health Programs. In FY24-25, services were provided to the following HUSD Schools under the agreement with AC Health:
 Ochoa Middle School
 Bret Harte Middle School
 Martin Luther King Jr. Middle School

Table 1. School-Based Mental Health Program Totals – Academic Year 24-25 (through 4/30/25)
Number of Unique Individuals Served (Students, Family,
Teachers, School Administrators, Other Providers)
2558
Unique Activities of Direct Service 978

Table 2. School-Based Mental Health Program Services by Type – Academic Year 24-25 (through 4/30/25)
Individual and Family Clients 132 students
Group Clients 331 students
Student and Family Case Management 521 individuals
Crisis Support 25 students
Consultation and Training for Staff
and Administration
151 hours
Workshops and Assemblies 1121 individuals
Intern Supervision and Training 5.5 hours

Table 3. School-Based Mental Health Program Services by Focus Area – Academic Year 24-25 (through 4/30/25)
Social Emotional Learning and Wellness 58% of contacts
Mental Health 25% of contacts
Social Skills/Relationship Support 6% of contacts
Climate and Culture Activities 4% of contacts
Coordination of Services 2% of contacts

DISCUSSION

The YFSB School-Based Mental Health Programs have successfully served Hayward students for over a decade. At a time when the needs of Hayward youth and families are only increasing, it is more important than ever to maintain critical mental health services for students at school. The services that will be provided under the recommended agreement have been developed in partnership with HUSD and AC Health, Healthy Schools and Communities. They reflect best practices for school-based mental health by taking a broader, school-wide approach to allow for the greatest impact possible with limited resources.

Moreover, the program model allows for universal access to services with all students being eligible to participate at no cost, regardless of insurance or immigration status. Programs like YFSB’s School-Based Mental Health Programs have been shown to have a positive impact on key young adult outcomes across multiple domains of education, employment, criminal activity, substance use, and mental health.4

Components of YFSB School-Based Mental Health Services – Academic Year 25-26  Mental health counseling and clinical case management services for youth and families to ensure that children and youth in need of early and intensive intervention services are receiving and benefitting from appropriate care, as well as removing or minimizing environmental contributors to problems;
 Therapeutic and positive youth development groups;
 Mental health consultation and classroom support for teachers, administrators and other school staff to enhance the capacity of adults to better meet the social-emotional needs of children, youth, and their networks;
 Workshops, support groups, and other consultation for parents/caregivers;  Mental health crisis response in the aftermath of school-related tragedies, including crisis intervention and management, triage, psychological first aid, and follow-up with students, parents, and school staff;
 Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools;
 Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members in order to create optimal conditions for learning and development; and  Clinical supervision of interns to support the school-based interventions above.

School-Based Mental Health Program Staff
The YFSB staff assigned to the School-Based Mental Health Programs are highly qualified to provide the described services. Of the three counselors assigned, one is a Licensed Marriage and Family Therapist and two are Licensed Clinical Social Workers, both bilingual Spanish speakers. They range in years of clinical experience from 10 to 25+ years.

4 Damon E. Jones, Mark Greenberg, and Max Crowley. (2015). Early Social-Emotional Functioning and Public Health:

The Relationship Between Kindergarten Social Competence and Future Wellness. American Journal of Public Health 105, 2283_2290,

Program Sustainability
It is anticipated that these programs will be able to continue for many years to come. The current contract amount received annually from Alameda County is $246,855. County financing comes from a combination of Measure A Funds and Tobacco Master Settlement Funds and is a recurring expenditure in the County’s operating budget. Moreover, should additional County funds become available, it has been communicated that they would be likely to invest more in the City of Hayward to expand the services provided.

The YFSB School-Based Mental Health Services are part of the YFSB’s overarching strategy to reduce and prevent juvenile involvement in the justice system by linking youth to services and opportunities that help them stay positively connected with the community. Keeping youth engaged in school is one of the most important protective factors in their success, and by extension, prevents them from getting into trouble with law enforcement. This has a clear nexus with public safety and contributes to the overall well-being of Hayward families.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, this item relates to Project Q17: Continue to provide family support programs through the Youth and Family Services Bureau.

ECONOMIC IMPACT

As stated above, supporting the emotional needs of students while they are in school has been shown to have positive outcomes on education, employment, criminal activity, substance use, and mental health that last for years to come. This has a positive economic impact on the Hayward community, as it addresses many of the factors that underlie poverty and a lack of economic opportunity. Moreover, the positive impact this program has on overall public safety contributes to a safe and thriving City that attracts residents and local businesses.

FISCAL IMPACT

The City will receive $246,855 in funding through the agreement with AC Health. The three Family Counselor positions (3.0 FTE) discussed in this staff report are included in the City’s FY 2025 Operating Budget; accepting and appropriating these funds will help to offset the cost of these positions. While the revenue from these agreements does not fully cover the cost of the positions, the costs are further offset by additional revenue from the Medical Administrative Activities (MAA) agreement. Any remaining net costs to the City’s General Fund are already included in the budget.

NEXT STEPS

If the Council authorizes this action, staff will work to 1) execute the agreement with AC Health to provide school-based services for FY25-26; 2) accept and appropriate $246,855 in payment; and 3) continue providing essential mental health services to youth in schools.

Prepared by: Emily Young, Youth and Family Services Bureau Administrator

Recommended by: Bryan Matthews, Chief of Police

Approved by:

Michael Lawson, J.D.

Acting City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 25-_____
Introduced by Council Member _____

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $2 46,855 FROM ALAMEDA COUNTY HEALTH FOR SCHOOL- BASED MENTAL HEALTH SERVICES FOR FISCAL YEAR 2025 THORUGH 2026

AND TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE COUNTY

FOR SUCH SERVICES

WHEREAS, the Youth and Family Services Bureau has a long -standing history of providing behavioral health services in schools that combine direct supports to children, youth, and their families with system enhancements, to promote healthy social -emotional growth, prevent problems, and address behavioral health challenges; and

WHEREAS, the execution of a Fiscal Year 2025 through 2026 Agreement between the City of Hayward and Alameda County Health is necessary to continue to provide these services and generate the associated revenue.

NOW, THEREFORE, BE IT RESOLVED by the City Council o f the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute a n Agreement with Alameda County Health to receive $ 246,855 for services provided by the City of Hayward’s Youth and Family Services Bureau in Fiscal Year 2025 through 2026.

FURTHER BE IT RESOLVED, that the City Council of the City of Hayward hereby approves the amendment to the budget resolution by increasing the appropriation of $246,855 in funding received with the Agreement with Alameda County Health.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-282
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Assistant City Manager Youngblood

SUBJECT
Adopt Resolutions Authorizing the City Manager to Negotiate and Execute Agreements with Non-Profit Service Providers for Fiscal Year 2025-2026 Emergency and Interim Shelter Operations

RECOMMENDATION
That the City Council:

1. Adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Bay Area Community Services (BACS) for Fiscal Year 2025-2026 Hayward Navigation Center (HNC) operations for a Not-to-Exceed amount of $2,500,894

2. Adopts a resolution (Attachment III) authorizing the City Manager to negotiate and execute an agreement with First Presbyterian Church of Hayward (FPCH) to operate the emergency shelter at South Hayward Parish (SHP) for Fiscal Year 2025-2026 for a Not-to-Exceed amount of $339,190

SUMMARY
Over the past several years, the City has implemented proactive local measures to address the growing homelessness crisis. While these efforts have expanded resources for individuals and families experiencing homelessness, the need for emergency and interim shelter continues to outpace supply.

The purpose of this report is to request City Council authorization for the City Manager to negotiate and execute agreements for Fiscal Year 2025-2026 with two shelter operators located in Hayward, to continue providing essential shelter services and support to unhoused community members.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution HNC
Attachment III Resolution FPCH (SHP)
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 1
powered by Legistar™

DATE: June 24, 2025

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt Resolutions Authorizing the City Manager to Negotiate and Execute Agreements with Non-Profit S ervice Providers for Fiscal Year 202 5-2026 Emergency and Interim Shelter Operations

RECOMMENDATION

That the City Council:

1. Adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Bay Area Community Services (BACS) for Fiscal Year 2025-2026 Hayward Navigation Center (HNC) operations for a Not -to-Exceed amount of $2,500,894

2. Adopts a resolution (Attachment III) authorizing the City Manager to negotiate and execute an agreement with First Presbyterian Church of Hayward (FPCH) to operate the emergency shelter at South Hayward Parish (SHP) for Fiscal Year 2025-2026 for a Not-to-Exceed amount of $339,190

SUMMARY

Over the past several years, the City has implemented proactive local measures to address the growing homelessness crisis. While these efforts have expanded resources for individuals and families experiencing homelessness, the need for emergency and interim shelter continues to outpace supply.

The purpose of this report is to request City Council authorization for the City Manager to negotiate and execute agreements for Fiscal Year 202 5-2026 with two shelter operators located in Hayward, to continue providing essential shelter services and support to unhoused community members.

BACKGROUND

In October 2018, City Council declared a shelter crisis in Hayward, stating that the lack of shelter threatened the health and safety of the City’s growing homeless population. 1 Since the declaration, City Council has continuously worked to address these health and safety concerns through a variety of approaches. Additional information about local and regional efforts can be found in the May 23, 2023, report to City Council2 and the update on the City Council adopted Let’s House Hayward Strategic Plan from December 17, 20243.

One of the City’s key initiatives to support Hayward’s homeless community is the provision of transitional housing through the HNC, which serves individuals currently experiencing homelessness. The HNC is a low-barrier, interim, congregate (i.e., dorm -style) shelter that initially opened in November 2019 with a nightly capacity of 45 beds. Since its opening, BACS has operated the facility, offering housing navigation and supportive services in alignment with the Housing First model —an evidence-based approach that prioritizes stable housing as a foundation for addressing other challenges such as employment, mental health, and substance use.

The HNC has been funded through a combination of sources, including Measure C, the City’s General Fund, the American Rescue Plan Act (ARPA), and various State and County grants. It remains the City’s sole interim transitional housing program specifically serving single adults.

In response to the need to safely social distance during the COVID-19 pandemic, City Council approved the use of CARES Act funds to acquire a third trailer. With social distancing requirements removed, the HNC can currently serve up to 66 beds individuals.

Another City-supported initiative to improve shelter access in Hayward is FPCH’s Winter Warming Center at South Hayward Parish (SHP). Launched on December 1, 2018, with City funding, the center initially provided 18 beds during cold or rainy nights. In July 2021, City Council approved its expansion i nto a year -round program as part of the City’s COVID -19 response, with extended service hours beginning in October 2021. Between FY 2022-2023 and FY 2023-2024, City Council allocated $2.05 million to support ongoing operations. As of April 2025, SHP operates a 23-bed, year-round drop-in shelter, an essential service in South Hayward and a key partner of the Hayward Evaluation and Response Teams (HEART). Additional details are available in the previously referenced May 23, 2023, City Council report.

These shelters have been essential in supporting Hayward’s unhoused community and are key activities in the Let’s House Hayward Strategic Plan. They also align with the Alameda

1 October 2, 2018 Hayward City Council meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3690554&GUID=A8DF0FBF-2F19-4648-8632- 2BFE62A97107&Options=&Search= 3
2 May 23, 2023 City Council Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6230209&GUID=B25EFB97-ADB4-45D7-BC5F- 0BC0EE034F45&Options=&Search=
3 December 17, 2024 City Council Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=7059330&GUID=413111A4-B28F-45A2-8AAD- CA657ABE75E9&Options=&Search=

County Home Together 2026 Plan. As State and Federal funding for homelessness prevention and response faces reductions and delays, continued City support is critical to sustaining operations at both the HNC and SHP shelters.

DISCUSSION

Hayward Navigation Center FY 2025-2026 Agreement for Services BACS has successfully operated the HNC since its opening in November 2019, focusing on outreach, housing navigation, and flexible funds administration for individuals experiencing literal homelessness. The HNC currently has a capacity of 66 beds and serves as a critical entry point to permanen t housing. Since opening, the HNC has served 623 individuals, majority of whom (57%) stay 90 days or less. As of May 27, 2025, 561 individuals have exited the program, with 356 (65%) successfully
transitioning into permanent housing —demonstrating strong outcomes aligned with the Housing First model.

Staff propose funding the FY 2025-2026 HNC operations contract through the combined use of General Fund, Measure C, Opioid Settlement, and Community Development Block Grant (CDBG) funding. As part of their adoption of the FY 2025-2026 Operating Budget on June 17, 2025, City Council approved General Fund and Measure C approp riations in the combined amount of $2,185,440 to support the continued operations at the HNC. Additionally, on March 5, 20244, City Council adopted Resolution No. 24 -037 authorizing the City Manager (or designee) to accept and appropriate $1,349,312 from the Distributor Settlement Agreement for Opioid Remediation. These funds are restricted to specific eligible uses and can help cover or supplement costs of existing programs, including the HNC. Services that support HNC clients recovering from Opioid Use Disorder (OUD) and co -occurring Substance Use Disorder or Mental Health (SUD/MH) conditions qualify as eligible uses of the opioid settlement funds.

CDBG funding that was unspent in prior years is also an eligible use of funds that aligns with City priorities and the City’s Annual Action Plan submitted to the Department of Housing and Urban Development (HUD).

Outlined in Table 1 on the following page are the recommended sources of funding for BACS’s FY 2025-2026 HNC operations agreement. In consideration of the City’s financial position, staff recommend a no-growth contract from FY 2024-2025, and that City Council authorize the City Manager to negotiate and execute an agreement with BACS for FY 2025-2026 HNC operations for an amount not-to-exceed $2,500,894 (Attachment II).

4 March 5, 2024, City Council Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6561052&GUID=355597DF-7504-4108-A4BC- C67A50248439&Options=&Search=
65% of HNC residents
have exited to
permanent housing
since it opened in
November 2019

Table 1: PROPOSED FY 2025-2026 HAYWARD NAVIGATION CENTER FUNDING Source Amount
FY 2025-2026 General Fund/Measure C Allocation $2,185,440 Opioid Settlement Funds $150,000
Community Development Block Grant Funds $165,454
Total $2,500,894

Emergency Shelter at South Hayward Parish FY 2025-2026 Agreement for Services Since 2018, the City has supported the emergency shelter at SHP. The shelter offers overnight emergency accommodation, with guest check-in beginning at 6:30 p.m. Guests receive a hot meal, a sleeping mat, and access to showers and weekly laundry services. Support staff are on- site to provide referrals to case management, community partners, and other external resources. Each morning, following breakfast, guests exit the shelter by 7:00 a.m. to allow for cleaning and preparation of the space. Guests may return at 10:00 a.m. to acce ss daytime services offered through SHP’s Resource Center, which was a key project in the Let’s House Hayward Strategic Plan and was initiated through City of Hayward American Rescue Plan Act (ARPA) funding in 2021.

Most recently, in FY 2024 -2025, the Hayward Evaluation and Response Teams (HEART) strengthened their ongoing collaboration with SHP staff through a $250,000 allocation to reserve four nightly shelter beds specifically for HEART referrals. This guarantees four out of 23 shelter beds for City use at the only drop-in emergency shelter in Hayward serving single adults experiencing homelessness. If HEART referrals are not made by a daily cutoff, the beds are made available to other guests. Additional details are available in the June 25, 20245 staff report.

In 2024, SHP served 416 unduplicated individuals experiencing homelessness and provided 7,460 bed nights at its emergency shelter, maintaining a 97% bed utilization rate. In addition, SHP supported hundreds more through its food pantry and other on- site services. These services play a critical role in Hayward’s homelessness response system, offering essential support, stability, and pathways to recovery for some of the community’s most vulnerable residents.

The proposed funding for the FY 202 5-2026 SHP emergency shelter operation contract is funded by the combined use of the General Fund annual non-competative allocation of $25,000 through the Community Services Division’s (CSD) operating budget, HEART program budget, and competitively allocated funding recommended by the Community Services Commission (CSC) through the Community Agency Funding (CAF) Process. Outlined in Table 2 are the

5 June 25, 2024, City Council Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6734720&GUID=4C67E5AB-5FA7-4CE3-B2AC- F82F2ED066A3&Options=&Search=
SHP beds are filled
97% of the time and
416 individuals were
sheltered in 2024

proposed sources and amounts of funding for SHP’s FY 202 5-2026 shelter operations agreement.

Table 2: PROPOSED FY 2025-2026 SOUTH HAYWARD PARISH SHELTER FUNDING Source Amount
FY 2025-2026 General Fund Allocation (CSD) $25,000
FY 2025-2026 HEART Program Budget $250,000
FY 2025-2026 CAF competative funding award $64,190
Total $339,190

The proposed funding supports the year-round shelter and daytime resource center operations. The Inclusion of the Resource Center ensures residents of the shelter who do not have employment have a place to go, reducing the likelihood that they will be displaced to nearby locations like Weekes Park, which saw a significant increase in unsheltered homelessness following the City’s holiday business closure in 2024. Prior to that increase, City staff convened a working group of City of Hayward and HARD staff to discuss challenges at Weekes Park. The purpose of the working group was to identify and implement improvements that enhance the park’s safety, accessibility, and overall community value , while also addressing homelessness and related quality -of-life issues in and around the park . City leadership directed staff to abate the encampment at Weekes Park in January 2025. Prior to the abatement, an interdisciplinary team of City staff and multiple nonprofit service partners engaged with 27 unhoused individuals, linking four to the Hayward Navigation Center. The encampment was abated by HARD and City staff on January 13, 2025. Since then, HPD, Maintenance Services staff, and HARD's Park and Facility Maintenance department have coordinated regular monitoring of the park, and encampments have not been reestablished.

The working group has not reconvened.

Future Funding to Support Shelter Operations
Staff recommend continuing financial support to ensure th ese critical resources remain available to meet the ongoing needs of Hayward’s unhoused population. Like many cities across California, Hayward continues to see growing housing instability and increased demand for homelessness services. This local investment enables the City to be more competitive for external funding by demonstrating that we can leverage local funds in conjunction with external resources.

As outlined in the May 27, 20256, staff report, the City anticipates receiving additional funding through the Permanent Local Housing Allocation (PLHA), a state funding source administered by the California Department of Housing and Community Development ( HCD), as well as Homeless Housing, Assistance, and Prevention (HHAP) funds from Alameda County. HHAP is a state program that provides local jurisdictions with resources to build capacity and address urgent homelessness challenges. City Council authorizes the receipt and appropriation of these

6 June 25, 2024, City Council Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=7409142&GUID=FE4C708B-E008-4168-823A- 2215969DB967&Options=&Search=

funds as they become available. However, both PLHA and HHAP allocations are considered one- time funding sources, as the amounts vary annually and are often subject to delays beyond the City’s control.

Efforts are currently underway in collaboration with the City's legislative partners to restore and pursue additional on-going state and federal funding. Most recently, Governor Newsom removed funding for the HHAP program from his proposed budget. To date, HHAP has made up 10% of the HNC’s total budget. Staff are working with City Council and our legislative partners to advocate to the State to maintain this critical funding. Staff are also engaging with County representatives to pursue Measure W funding in support of l ocal homelessness initiatives. Staff remain committed to identifying sustainable funding sources to support the City’s homelessness initiatives and will continue to provide updates as new opportunities arise.

ECONOMIC IMPACT

There is a positive economic impact from reducing homelessness and poverty and moving individuals into permanent housing as part of the Hayward Navigation Center and South Hayward Parish operations.

FISCAL IMPACT

This item has no associated fiscal impact on the General Fund. All funds associated with the referenced agreement have been previously approved and appropriated by City Council.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Preserve, Protect, and Produce Housing, under
 Project H2: Implement the Homelessness Reduction Strategic Plan

PUBLIC CONTACT

This item is related to the Let’s House Hayward (LHH) Strategic Plan, under Strategy 2.1.

Through the LHH process, Homebase, City staff, and partners throughout the Hayward community have worked together to engage a diverse set of stakeholders to inform the plan and strategy for Hayward moving forward.7

7 For more information on the Let’s House Hayward! Strategic Plan process, please visit https://www.haywardca.gov/lets-house-hayward

NEXT STEPS

If City Council adopts these resolutions, staff will work with the City Manager to negotiate and execute agreements with BACS and FPCH for the approved FY 2025-2026 amounts. Should additional funding be received during the fiscal year, staff will return to City Council to accept and appropriate the funds to offset General Fund expenses for the shelter operations in FY 2025-2026.

Prepared by: Carol Lee, Senior Management Analyst

Recommended by: Amy Cole-Bloom, Community Services Manager Regina Youngblood, Assistant City Manager

Approved by:

____________________________________________
Michael S. Lawson, J.D.

Acting City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-___

Introduced by Council Member _________

RESOLUTION AUTHORIZI NG THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN AGREEMENT WITH BAY AREA COMMUNITY SERVICES (BACS) FOR FISCAL YEAR 202 5-2026 HAYWARD NAVIGATION CENTER (HNC) OPERATIONS FOR AN AMOUNT NOT-TO-EXCEED $2,500,894

WHEREAS, the City of Hayward opened the HNC on November 18, 2019; and

WHEREAS, the City issued a Request for Information (RFI) from nonprofit social service providers interested in operating a HNC on January 23, 2019; and

WHEREAS, a panel of reviewers was convened, compr ised of staff from Community Services, Police Department, Planning, and Finance; and

WHEREAS, s taff unanimously recommended BACS based on their relevant experience operating the s imilar Berkeley STAIR Center and providing a number of services to homeless individuals at locations in Hayward, the quality of their application, positive working relationship and flexibility in approach to service delivery, and their ability to quickly staff and operate the Navigation Center; and

WHEREAS, BACS has been operating the HNC since November 2019; and

WHEREAS, since November 2019, BACS has successfully moved 356 individuals experiencing homelessness into permanent housing through the Hayward Navigation Center; and

WHEREAS, the Hayward City Council has approved the City of Hayward’s FY 2025- 2026 Operating Budget, allocating General Fund and Measure C funding to support HNC operations; and

WHEREAS, the City has received Opioid Settlement funding and said funds are available to support HNC operating costs, and HNC operations is an eligible use; and

WHEREAS, the City’s Community Development Block Grant fund balance has sufficent funding from unspent prior year awards to support HNC operations, w hich is an eligible use.

ATTACHMENT II

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Hayward authorizes the City Manager or their designee to negotiate and execute the FY 2025-2026 agreement between the City and BACS for an amount not-to-exceed $2,500,894.

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-___

Introduced by Council Member _________

RESOLUTION AUTHORIZI NG THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A PROFESSIONAL SERVICE S AGREEMENT WITH FIRST

PRESBYTERIAN CHURCH OF HAYWARD TO OPERATE THE YEAR-ROUND SHELTER AT SOUTH HAYWARD PARISH FOR FISCAL YEAR 2025-2026 FOR A NOT-TO EXCEED AMOUNT OF $339,190

WHEREAS, beginning on December 1, 2018, First Presbyterian Church of Hayward (FPCH) offered emergency shelter services at its South Hayward Parish (SHP) location with funding support from the City; and

WHEREAS, from 2018 through 2021, the Winter Warming Center provided 18 nightly shelter beds during the fall and winter months, when temperatures fell below 45 degrees or there was a high chance of rain; and

WHEREAS, During these months, the shelter operated from 7 p.m. until 7 a.m. and provided dinner and breakfast services for its clients; and

WHEREAS, in support of this important work , Council awards a non -competitive annual allocation of $25,000, through the Community Services Division’s (CSD) operating budget; and

WHEREAS, On April 27, 2021, Council accepted American Rescue Plan Act of 2021 (ARPA) funds in response to the ongoing impacts of the COVID -19 pandemic and directed staff to develop a Federal Stimulus Expenditure Plan; and

WHEREAS, on July 13, 2021, Council approved the City of Hayward Federal Stimulus Expenditure Plan and Let’s House Hayward (LHH) Strategic Plan, which detailed goals for reducing homelessness in Hayward and strategies and action steps required to achieve those goals, and

WHEREAS, one key action identified in both the Hayward Federal Stimulus Expenditure Plan and LHH Strategic Plan was expanding services at the Winter Warming Shelter to operate year -round and to open a day center so residents were not displaced during the day; and

WHEREAS, in October 2021, the shelter began offering expanded service hours to offer year-round shelter in South Hayward; and

ATTACHMENT III

WHEREAS, the shelter is a vital resource, and the Hayward Evaluation and Response Teams (HEART) routinely utilize SHP’s shelter services; and

WHEREAS, to support the frequent collaboration between HEART and SHP and the need to provide shelter services to HEART clients who would otherwise be sleeping outside overnight, the HEART team budgeted $250,000 to reserve four nightly shelter beds for HEART use as part of the FY 2025-2026 operating budget; and

WHEREAS, this guarantees four out of 23 shelter beds for City use at the only drop-in emergency shelter serving single adults experiencing homelessness in Hayward , with the beds becoming available to other clients after a daily cutoff time to avoid vacant beds; and

WHEREAS, through the Community Agency Funding process, the Community Services Commission recommended, and Council approved a competitive award to FPCH in the amount of $169,190 for FY 2025-2026 emergency shelter operations; and

WHEREAS, FPCH continues to pursue funding options and is planning to leverage the City’s contribution and other committed funds to request additional grant funding and apply for foundation and philanthropic funding sources to close the funding gap in FY 2025-2026.

NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Hayward hereby authorizes the City Manager or their designee to negotiate and execute a professional services agreement with First Presbyterian Church of Hayward to operate the year -round shelter at South Hayward Parish for FY 2025-2026 for a Not-to-Exceed amount of $339,190.

ATTACHMENT III

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
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 25-278
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to 1) Accept and Appropriate $650,000, from the Alameda County Probation Department to Provide Positive Youth Development Community Programs for Fiscal Years 2026 and 2027, and 2) Negotiate and Execute a Two-Year Agreement for Such Services

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a two- year agreement with the Alameda County Probation Department from July 1, 2025, through June 30, 2027, to provide Positive Youth Development Community Programs, and to accept and appropriate $650,000 ($325,000 annually) from Alameda County to fund the services.

SUMMARY
Since the 1970s, the Youth and Family Services Bureau (YFSB) has had contracts with the Alameda County Probation Department to provide mental health services to youth who are justice system- involved or at elevated risk of system involvement. In 2019, the City was awarded a new contract to begin providing additional services beyond mental health counseling, resulting in the implementation of Diversion, Life Skills, and Restorative Justice programming.

In May 2024, a Request for Proposals was released soliciting bids to continue to provide these services.

The City completed the competitive application process applying for four service categories: Diversion, Life Skills and Support Services, Restorative Justice, and a new service strategy: Gender Responsive Services. The County sent a Notice of Intent to Award for all four service categories in January of 2025, pending successful contract negotiations. On May 14, 2025, the City received an Agreement from the County for a two-year contract award in the amount of $650,000 ($325,000 annually).

Council approval is requested to authorize the City Manager to execute the agreement with the Alameda County Probation Department to continue the important work of providing Positive Youth Development services to youth who are system involved or at elevated risk of justice system involvement.

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File #:CONS 25-278

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/20/2025Page 2 of 2
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DATE: June 24, 2025

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to 1) Accept and Appropriate $650,000, from the Alameda County Probation Department to Provide Positive Youth Development Community Programs for Fiscal Years 2026 and 2027, and 2) Negotiate and Execute a Two-Year Agreement for Such Services

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a two-year agreement with the Alameda County Probation Department from July 1, 2025, through June 30, 2027, to provide Positive Youth Development Community Programs, and to accept and appropriate $650,000 ($325,000 annually) from Alameda County to fund the services.

SUMMARY

Since the 1970s, the Youth and Family Services Bureau (YFSB) has had contracts with the Alameda County Probation Department to provide mental health services to youth who are justice system-involved or at elevated risk of system involvement. In 2019, the City was awarded a new contract to begin providing additional services beyond mental health counseling, resulting in the implementation of Diversion, Life Skills, and Restorative Justice programming.

In May 2024, a Request for Proposals was released soliciting bids to continue to provide these services. The City completed the competitive application process applying for four service categories: Diversion, Life Skills and Support Services, Restorative Justice, and a new service strategy: Gender Responsive Services. The County sent a Notice of Intent to Award for all four service categories in January of 2025, pending successful contract negotiations. On May 14, 2025, the City received an Agreement from the County for a two-year contract award in the amount of $650,000 ($325,000 annually).

Council approval is requested to authorize the City Manager to execute the agreement with the Alameda County Probation Department to continue the important work of providing

Positive Youth Development services to youth who are system involved or at elevated risk of justice system involvement.

BACKGROUND

YFSB’s central mission is to ensure Hayward’s richly diverse youth and families feel safe, supported, and experience community connectedness and general wellbeing. YFSB’s groundbreaking model of integrating youth serving systems across Hayward, including embedding mental health clinicians in a police department setting, allows YFSB to meaningfully improve the well-being of youth and families by maintaining alignment across the systems with which families have contact. This is achieved through offering comprehensive, culturally responsive services and opportunities that promote family stability and prevent juvenile justice involvement through empowering families to build on their strengths, supplement needs and create pathways to achieving goals. For nearly 45 years, the Bureau has successfully done this supporting thousands of families to address challenges and improve their individual and family functioning. Less than 10% of youth who participate in YFSB’s services are arrested or re-arrested within one year.

Since the 1970s, YFSB’s core service of providing mental health counseling to youth and families who are either system-involved or at elevated risk of system involvement has been primarily funded through a contract with the Alameda County Probation Department for Delinquency Prevention Network (Youth Service Center) services. In 2018, the Probation Department released a Request for Proposals (RFP) to expand the Delinquency Prevention Network beyond the mental health counseling that had always been offered and begin funding Diversion, Life Skills, and Restorative Justice Services. The City participated in a competitive bid process and was awarded a three-year contract to provide these services. The contract term was extended in 2022 and again in both February and December of 2024, extending the services through June of 2025 and bringing the full contract amount over the 6- year contract term (March 1, 2019 through June 30, 2025) to $1,561,006.

In May 2024, the Probation Department in partnership with the Alameda County General Services Agency released a Request for Proposals (RFP) to identify the most qualified service providers to continue delivering Diversion, Life Skills, and Restorative Justice following the conclusion of the existing contract term. Additionally, new service categories were introduced including Gender Responsive Services. The competitive bid process was organized by specified geographic regions County wide; Hayward was identified as Region 4. Through the RFP, the County outlined both a program framework and specific requirements for each identified service strategy.

The program framework specified that services utilize evidence-based practices and incorporate three specific approaches:

- Trauma Informed Care Approach, which recognizes the long-lasting impact of trauma, including historical trauma, and implements services and interventions accordingly; - Positive Youth Development Approach, which values and honors the strengths that youth and families possess as the basis of what is needed to achieve their goals; and

- Cultural Responsiveness Approach, which emphasizes the importance of developing policies, systems, and structures that are relevant for families across racial/ethnic identities as well as gender, sexual orientation, language capacity, socioeconomic status, exposure to trauma, migration, and other factors that directly impact culture.

The specific requirements of the RFP sought contractors to provide the following services:
- Diversion services and programs specifically structured to prevent formal entry into the juvenile justice system and work with local school districts to develop site-specific alternatives to suspension programming;
- Life Skills and Support Services to enhance a youth’s ability to live independently and provide skills and opportunities that are critical to success, such as tangible life skill development, and pro-social engagement. These programs include service coordination/system navigation and case management services; and - Restorative Justice programs that utilize restorative practices to facilitate accountability strategies, which encourage youth to take responsibility and make amends for the harm caused within their communities.
- Gender Responsive Programs tailored to the specific needs of young individuals who identify as female to empower and educate them, fostering the development of self- esteem and confidence.

In the Summer of 2024, YFSB completed the application and interview process to provide the services outlined above. In January 2025, a Notice of Intent to Award was received, pending successful contract negotiations. On May 14, 2025, the City received an Agreement from the County for a two-year contract award in the amount of $650,000 ($325,000 annually for FY2026 and FY2027), with the option to extend an additional three years (FY 2028-FY 2030).

The funding from this agreement will partially offset the cost of the 3.10 FTE (2.0 FTE Lead Program Assistants, 0.25FTE Family Counselor, 0.40 FTE Counseling Supervisor, and 0.45 FTE Administrative support) required to provide the contracted services.

Program evaluation of the services provided from March 1, 2019, to February 29, 2024 shows the effectiveness of YFSB’s evidence-based approach. 81% of referred youth were enrolled in services. Of those enrolled, 87% remained actively engaged and were determined to be successful by their assigned Service Coordinator, meaning they met some or all of their service goals, completed the terms of their diversion, or demonstrated improved functioning.

This is further demonstrated through data from an evidence-based outcome measure, the PCOMS, which shows 81% of participants reached their target level of functioning and reduced identified risk behaviors. Participant satisfaction surveys show that 100% of youth enjoy participating in skills development workshops, 94% found the information and skills useful, and 94% would recommend the program to a friend.

DISCUSSION

The Youth and Family Services Bureau programs have successfully served Hayward youth and families from within the police department for more than four decades. At a time when the needs of families are only increasing, it is more important than ever to maintain critical

mental health and other support services for youth. Moreover, as the field of law enforcement strives to be responsive to the needs of the community, programs like YFSB that prioritize the use of social services can be part of the solution. The services that will be provided under the recommended agreement have been developed in partnership with the Alameda County Probation Department. They reflect best practices for keeping youth positively engaged in the community and preventing involvement with the juvenile justice system.1,2 Moreover, the program model allows for universal access to services with all City of Hayward residents being eligible to participate at no cost, regardless of insurance or immigration status. Services like those provided by YFSB have been shown to mitigate the negative impacts of arresting youth during adolescence, including reducing the likelihood of future arrest or incarceration and increasing school enrollment and graduation rates.3 Consistent with this research, less than 10% of youth who participate in YFSB’s services are arrested or re-arrested within one year.

Under the recommended agreement, the following services will be provided:
- Diversion to prevent formal entry into the juvenile justice system by offering a proactive and constructive approach to addressing the challenges faced by young individuals on the cusp system involvement. Target population: At-promise, system- involved, and transition age youth (TAY) ages 9 to 21 and their families who receive Notices to Appear (NTAs) from law enforcement for misdemeanor and non-violent felony offenses without an identified victim, citations for marijuana use, and as an alternative to school suspension.
- Life Skills and Support Services to equip participants with the knowledge, skills and emotional support to navigate adulthood and achieve independence. Target population: All at-promise, system-involved, and transition age youth (TAY) ages 9 to 21 and their families.
- Restorative Justice will facilitate accountability strategies that encourage youth to take responsibility for their actions and make amends for the harm caused. Target population: system-involved and transition age youth (TAY) ages 12-21 and their families who are on Probation (in/out of custody), receive Notices to Appear (NTAs) from law enforcement for offenses with an identified victim, youth eligible for expulsion due to education code violation, or youth who receive school discipline for altercations involving peers.
- Gender Responsive Services to empower and educate young individuals who identify as female, fostering the development of self esteem and confidence. Target population: at-promise, system-involved, and transition age youth (TAY) who identify as female ages 9 to 21 and their families.

1 Josh Weber, Michael Umpierre, and Shay Bilchik, Transforming Juvenile Justice Systems to Improve Public Safety and Youth Outcomes (Washington, DC: Georgetown University Center for Juvenile Justice Reform, 2018). 2 The Annie E. Casey Foundation. (2018). Transforming Juvenile Probation: A Vision for Getting it Right. Baltimore, MD: Author. Retrieved from https://www.aecf.org/resources/transforming-juvenile-probation/ 3 Cauffman, E., Beardslee, J., Fine, A., Frick, P.J., & Steinberg, L. (2020). Crossroads in Juvenile Justice: The Impact of Initial Processing Decision on Youth Five Years after First Arrest. Development and Psychopathology.

Across all four service strategies, the core program components of assessment, systems navigation and case management, skill development workshops, and educational support services will be offered.

The services that will be provided under the recommended agreement are part of the YFSB’s overarching strategy to reduce and prevent juvenile involvement in the justice system by linking youth to services and opportunities that help them stay positively connected with the community. Addressing the root causes underlying youth behavior problems, such as mental health challenges, family functioning issues, school engagement problems, and insufficient access to positive activities and supports are critical components to encourage youth success and prevent contact with law enforcement. For youth who do encounter law enforcement, these services give officers more options and minimize formal processing in the juvenile justice system. This has a clear nexus with public safety and contributes to the overall wellbeing of Hayward families.

Program Sustainability
It is anticipated that these programs will be able to continue for many years to come. County financing comes from state allocations for Juvenile Probation Activities Funding and is a recurring expenditure in the County’s operating budget.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, this item relates to Project Q17: Continue to provide family support programs through the Youth and Family Services Bureau.

FISCAL IMPACT

This agreement will result in $650,000 in funding from the Probation Department ($325,000 annually). This reflects a 37% increase over the previous contract amount ($237,500 annually). The 3.1 FTE required to provide the services discussed above are included in the City’s FY 2026 Operating Budget; accepting and appropriating these funds will partially offset the cost of these positions. While the revenue from these agreements does not fully cover the cost of the positions, the costs are further offset by additional revenue from the Medical Administrative Activities (MAA) program. Any remaining net costs to the City General Fund are already included in the budget.

NEXT STEPS

If the Council authorizes this action, staff will work to: 1) Execute the agreement with Alameda County Probation Department for Positive Youth Development Community Programs for FY 2026 and FY 2027; and 2) accept and appropriate $650,000 ($325,000 annually) and 3) continue providing essential services to Hayward youth and families.

Prepared by: Emily Young, YFSB Administrator

Recommended by: Bryan Matthews, Chief of Police

Approved by:

_____________________________________________
Michael Lawson, J.D.

Acting City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-___

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $650,000 FROM THE ALAMEDA COUNTY PROBATION

DEPARTMENT TO PROVIDE POSITIVE YOUTH DEVELOPMENT COMMUNITY PROGRAMS FOR FISCAL YEAR S 2026 AND 202 7 AND TO NEGOTIATE AND

EXECUTE A TWO-YEAR AGREEMENT FOR SUCH SERVICES

WHEREAS, the Hayward Police Department’s Youth and Family Services Bureau (YFSB) has a long-standing history of providing prevention services to youth and families at risk of juvenile justice involvement; and

WHEREAS, in May of 2024, a Request for Proposal was released by Alameda County Soliciting bids to provide Diversion, Life Skills, Restorative Justice, and Gender Responsive services, which the City was awarded; and

WHEREAS, executing a two-year agreement with the Probation Department is necessary to provide these services and generate the associated revenue.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute contracts, and any supporting documents, with the Alameda County Probation Department for services provided by the Hayward Police Department’s Youth and F amily Services Bureau ; and hereby approves the amendment of the City of Hayward Budget Resolution by accepting and appropriating funds in the amount of $ 650,000 ($325,000 annually for FY 2026 and FY 2027).

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-287
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Acting City Manager

SUBJECT
Adopt a Resolution: (1) Declaring a City Council Recess from July 1, 2025, through August 15, 2025; (2) Cancelling the Regular City Council Meetings Scheduled for July 1, 15 and 22, and August 5, 2025; and (3) Authorizing the Acting City Manager, or their Designee, to Take Action on Administrative Matters as Necessary During the Recess

RECOMMENDATION
That the City Council adopts a resolution (Attachment II): (1) Declaring a City Council recess from July 1, 2025 through August 15, 2025 (“summer recess”); (2) Cancelling the regular City Council Meetings scheduled for July 1, 15 and 22 and August 5, 2025; and (3) Authorizing the Acting City Manager, or their Designee, to take action on administrative matters as necessary during the recess.

SUMMARY
Each year, the Hayward City Council takes a summer recess which provides the members’ time to rejuvenate and spend time with family and loved ones. This year, the City Council will recess from July 1 through August 15, 2025. The regular City Council meetings that would have occurred on July 1, 15, 22 and August 5, 2025 will be cancelled. Cancellation of these meetings does not preclude the Mayor from calling a special or emergency meeting during the recess if necessary. Any meetings scheduled during the recess will comply with Brown Act noticing requirements.

Although the City Council will be taking a summer recess, there may still be matters that require administrative action in a timely manner, which cannot be deferred until after the summer recess. Staff requests that the City Council authorize the Acting City Manager, or their designee, to take action on administrative matters as necessary during the recess. This would involve authority to execute documents, such as contracts, and authority to submit or file documents, that would normally require City Council action. Following the summer recess, the Acting City Manager or their designee will report to the City Council any administrative approvals made during the recess.

ATTACHMENTS
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 2
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File #:CONS 25-287
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/20/2025Page 2 of 2
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DATE: June 24, 2025

TO: Mayor and City Council

FROM: Acting City Manager

SUBJECT: Adopt a Resolution: (1) Declaring a City Council Recess from July 1, 2025, through August 15, 2025; (2) Cancelling the Regular City Council Meetings Scheduled for July 1, 15 and 22, and August 5, 2025; and (3) Authorizing the Acting City Manager, or their Designee, to take Action on Administrative Matters as Necessary During the Recess

RECOMMENDATION

That the City Council adopts a resolution (Attachment II): (1) Declaring a City Council recess from July 1, 2025 through August 15, 2025 (“summer recess”); (2) Cancelling the regular City Council Meetings scheduled for July 1, 15 and 22 and August 5, 2025; and (3) Authorizing the Acting City Manager, or their Designee, to take action on administrative matters as necessary during the recess.

BACKGROUND/DISCUSSION

Each year, the Hayward City Council takes a summer recess which provides the members’ time to rejuvenate and spend time with family and loved ones. This year, the City Council will recess from July 1 through August 15, 2025. The regular City Council meetings that would have occurred on July 1, 15, 22 and August 5, 2025 will be cancelled. Cancellation of these meetings does not preclude the Mayor from calling a special or emergency meeting during the recess if necessary. Any meetings scheduled during the recess will comply with Brown Act noticing requirements.

Although the City Council will be taking a summer recess, there may still be matters that require administrative action in a timely manner, which cannot be deferred until after the summer recess. Staff requests that the City Council authorize the Acting City Manager, or their designee, to take action on administrative matters as necessary during the recess. This would involve authority to execute documents, such as contracts, and authority to submit or file documents, that would normally require City Council action. Following the summer recess, the Acting City Manager or their designee will report to the City Council any administrative approvals made during the recess.

FISCAL IMPACT

The recommendations provided herein will have no fiscal impact.

NEXT STEPS

Upon adoption of the Resolution, the City Council will recess from July 1 through August 15, 2025. The Acting City Manager or their designee will have the authority to take action on administrative matters during the summer recess and will report back to the City Council when it reconvenes on August 19, 2025

Prepared by: Michael Vigilia, Acting City Attorney

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

Approved by:

________________________________________________________ Michael Lawson, J.D.

Acting City Manager

HAYWARD CITY COUNCIL
RESOLUTION NO. 25-___

Introduced by Council Member _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD DECLARING A CITY COUNCIL RECESS FROM JU LY 1 , 2025 THROUGH AUGUST 15, 202 5; CANCELLING THE REGULAR CITY COUNCIL MEETINGS SCHEDULED FOR JULY 1, 15, AND 22, AND AUGUST 5, 2025; AND AUTHORIZING THE ACTING CITY MANAGER, OR

THEIR DESIGNEE, TO TAKE ACTION ON ADMINISTRATIVE MATTERS AS NECESSARY

DURING THE RECESS

WHEREAS, each year the City Council takes a summer recess which provides councilmembers time to rejuvenate and spend time with family and loved ones; and

WHEREAS, the City Council typically holds regular meetings on the first, third and fourth Tuesdays of each month; and

WHEREAS, this year, the City Council will recess from Ju ly 1, 2025 through August 15, 2025 (“2025 Summer Recess”); and

WHEREAS, in order to fac ilitate the 2025 Summer Recess, the regular Hayward City Council meetings currently scheduled for July 1, 15 and 2 2, and August 5, 2025 must be cancelled; and

WHEREAS, during the 202 5 Summer Recess, certain administrative matters that typically require City Council approval may require action which cannot be deferred until after the Summer Recess; and

WHEREAS, the Acting City Manager or their designee may be authorized by the City Council to take action on administrative matters involving execution, submission, or filing of documents, as necessary during the Summer Recess.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward , California, that the City Council hereby declares that it shall be on recess from July 1, 2025 through August 15, 2025.

BE IT FURTHER RESOLVED, that the regular City Council meetings currently scheduled for July 1, 15 and 22, and August 5, 2025 are hereby cancelled.

ATTACHMENT II

BE IT FURTHER RESOLVED, that the City Council hereby authorizes the Acting City Manager or their designee , to take action on administrative matters requiring execution, submission, or filing of documents during the City Council’s 202 5 Summer Recess which cannot be deferred until the next regularly scheduled City Council meeting.

BE IT FURTHER RESOLVED, that all actions taken by the Acting City Manager or their designee pursuant to this resolution shall be reported to the City Council at the first regular City Council meeting following the 2025 Summer Recess.

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-288
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Public Works Director

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Agreements and Other Documents with the California Department of Transportation (Caltrans) to Accept and Appropriate State and Federal Funded Payments of $2,754,684 for the Pedestrian Traffic Signal Modifications Project, Project No. 05175; the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716; and the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to have signature authority for all of the agreements and documents from the California Department of Transportation (Caltrans) to accept and appropriate state and federal funded payments for the Pedestrian Traffic Signal Modifications Project, Project No. 05175; the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716; and the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308.

SUMMARY
Staff was successful in receiving four grants from the Caltrans Local Highway Safety Improvement Program (HSIP) in Cycle 12 of that program. Two of the grants will be delivered as a single project due to the proximity of the improvements (along Ruus Road and at the Industrial Parkway/Ruus Road intersection). All of the projects are identified to receive appropriations in the FY 2026 Capital Improvement Program (CIP), including grant funding from Caltrans and required matching funding. The City’s share for the projects is as follows:
· $175,580 for the Pedestrian Traffic Signal Modifications Project · $250, 012 for the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project
· $229,324 for the Pedestrian Crossings on Minor Arterials Project

ATTACHMENTS
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 2
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File #:CONS 25-288
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/20/2025Page 2 of 2
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DATE: June 24, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Agreements and Other Documents with the California Department of Transportation (Caltrans) to Accept and Appropriate State and Federal Funded Payments of $2,754,684 for the Pedestrian Traffic Signal Modifications Project, Project No. 05175; the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716; an d the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to have signature authority for all of the agreements and documents from the California Department of Transportation (Caltrans) to accept and appropriate state and federal funded payments for the Pedestrian Traffic Signal Modifications Project, Project No. 05175; the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716; and the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308.

SUMMARY

Staff was successful in receiving four grants from the Caltrans Local Highway Safety Improvement Program (HSIP) in Cycle 12 of that program. Two of the grants will be delivered as a single project due to the proximity of the improvements (along Ruus Road and at the Industrial Parkway/Ruus Road intersection). All of the projects are identified to receive appropriations in the FY 2026 Capital Improvement Program (CIP), including grant funding from Caltrans and required matching funding. The City’s share for the projects is as follows:

 $175,580 for the Pedestrian Traffic Signal Modifications Project  $250, 012 for the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project
 $229,324 for the Pedestrian Crossings on Minor Arterials Project

BACKGROUND

In 2023, City Council adopted the Local Road Safety Plan (LRSP) and a Vision Zero policy that seeks to eliminate serious injuries and fatalities on City streets by 2050.1 Staff have pursued grants to help implement projects and programs identified in the LRSP and have had several recent successes, including funding from the Safe Streets for All program to develop a Speed Management Plan and High Injury Network Plan.

The Highway Safety Improvement Program (HSIP) is a significant source of funding for safety improvements. HSIP includes both State and local components, funded by a combination of Federal and State funding. Caltrans manages the program for local agencies, which requires applications from local agencies. Local agencies can apply for set aside applications, which are dedicated to categories of improvements that have been demonstrated to improve safety, and benefit-cost applications, which require an evaluation of expected benefits based on the collision history in the project area and proposed countermeasures.

DISCUSSION

In September 2024, staff submitted four grant applications to the HSIP program:

 Pedestrian Traffic Signal Modifications Project – this was a benefit-cost application that would add pedestrian count down signals and related upgrades to all signalized intersections in the City that are missing these important safety elements.
 Industrial Parkway and Russ Road Traffic Signal Improvements – this was a benefit- cost application that would replace signal poles, add missing signal phases, and add bicycle and pedestrian safety enhancements at the intersection.  Bicycle Network improvements – this was a bicycle set aside application that would add separated bikeways on Ruus Road between Industrial Parkway and Folsom Street and complete some small bicycle network gaps on Soto Rd and Amador St.  Pedestrian Crossings on Minor Arterials Project – this was a pedestrian crossing set aside application that would add crosswalk upgrades at several locations in the City, including on D Street, Santa Clara Avenue, Patrick Avenue, and the Eden Greenway.

In February, staff received notification that all four projects were recommended for award.

Caltrans recommended that the City combine the Ruus Road/Industrial Parkway project and the bicycle improvements project into a single project for project delivery purposes because both include improvements on Ruus Road.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6271751&GUID=D83F21F7-16CB-46E5-A249- 672EAD37C991&Options=ID|Text|&Search=local+road+safety+plan

This action would allow the City Manager to execute agreements and other related documents required to receive funding from Caltrans for three projects, all of which have been included in the FY 2026 CIP:

 The Pedestrian Traffic Signal Modifications Project, Project No. 05175  The Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716
 The Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308

HSIP projects must follow the Caltrans Local Assistance Procedures Manual (LAPM), which requires Caltrans authorization to complete each phase of the project (e.g., design and construction). City staff have experience following the LAPM on other projects and will ensure effective delivery of these projects.

ECONOMIC IMPACT

Safety enhancements on City streets can help reduce the incidence and severity of traffic collisions. Traffic collisions have significant negative economic impacts that can be avoided through these safety improvements.

FISCAL IMPACT
These projects do not impact the General Fund. Matching funding has been identified in the FY 2026 CIP. The matching funding for the Pedestrian Traffic Signal Modifications Project, Project No. 05175 is from Fund 216 (Measure B – Pedestrian and Bicycle). The matching funding for the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716, is from Fund 212 (Measure BB Local Transportation) and Fund 213 (Measure BB Bicycle and Pedestrian). The matching funding for the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308, is from Fund 213 (Measure BB Bicycle and Pedestrian). The table below identifies the funding for each project from both HSIP and City matching funds.

Project HSIP Funding City Matching
Fund
City Fund
Sources
Pedestrian Traffic Signal
Modifications Project, 05175
$1,580,220 $175,580 216 & 460
Industrial Parkway/Ruus Road
Bicycle Network and Intersection
Improvements Project, 05716
$824,688 $250,012 212, 213, &
460
Pedestrian Crossing Upgrades on
Minor Arterials Project, 05308
$349,776 $229,324 212, 213, &
460
Total $2,754,684 $654,916

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Invest in Infrastructure. If City Council directs staff to move forward with Option 1, 2, or 3, this project relates to the implementation of the following projects:

Invest in Multimodal Transportation
Project N1: Continue to implement major corridor traffic calming initiatives.

Project N6: Continue to add approximate 10 miles of bike lanes annually, with a focus on protected bike lanes and intersections that have high traffic/incidents.

SUSTAINABILITY FEATURES

These projects will enhance the safety of the transportation network and provide enhanced infrastructure for people walking and bicycling, making these modes of transportation feasible for more purposes, which reduces greenhouse gas emissions.

PUBLIC CONTACT

Staff has conducted in person outreach with residents and businesses along the Ruus Road corridor for the proposed improvements on that street. Staff has also conducted outreach on Santa Clara Street, D Street, and Patrick Avenue as part of other ongoing project work for the proposed pedestrian improvements identified in the Pedestrian Crossing Upgrades on Minor Arterials project. Additional outreach will be conducted during the project design phase.

NEXT STEPS

Staff will work with Caltrans to receive authorization to advance each of these projects into design. Staff will return to City Council to receive authorization to issue a request for bids and to award construction contracts for each project.

Prepared by: Byron Tang, Principal Transportation Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________________________________
Michael Lawson, J.D.

Acting City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _____________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS AND OTHER DOCUMENTS WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION (CALTRANS) TO ACCEPT AND
APPROPRIATE STATE AND FEDERAL FUNDED PAYMENTS OF $3,579,372

FOR THE PEDESTRIAN TRAFFIC SIGNAL MODIFICATIONS PROJECT, PROJECT NO. 05175; THE INDUSTRIAL PARKWAY/RUUS ROAD BICYCLE NETWORK AND IN TERSECTION IMPROVEMENTS PROJECT, PROJECT NO. 05716; AND

THE PEDESTRIAN CROSSING UPGRADES ON MINOR ARTERIALS PROJECT, PROJECT NO. 05308

WHEREAS, the Caltrans Highway safety Improvement Program (HSIP) awarded the City of Hayward $2,754,684 in grants for pr ojects to improve pedestrian traffic signals, implement safety improvements at the Industrial Parkway/Ruus Road interchange, make investments in the City’s bicycle network and improve several pedestrian crossings; and

WHEREAS, Caltrans has requested the City Manager be the authorized signing authority for all agreements and documents associated with this grant funding.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to sign and execute agreements from Caltrans to receive the awarded funds for the Pedestrian Traffic Signal Modifications Project, Project No. 05175; the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvements Project, Project No. 05716; and the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308

IN COUNCIL, HAYWARD, CALIFORNIA, ____________ , 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-289
DATE: June 24, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Confirming the Report and Special Assessment List Associated with Delinquent Garbage Bills Incurred by Residential Property Owners with Cart Service

RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) confirming the report and assessment for delinquent single-family residential garbage bills and authorizing the delinquent charges to become a special assessment against the properties if not paid on or before July 31, 2025.

SUMMARY
This report presents residential property owners with delinquent cart service garbage bills for the 2024- 2025 service year and the amounts that are to be placed as a special assessment on the property tax rolls.

As of June 4, 2025, 1,414, property owners owe $815,650.83 or a total of $901,418.78 with both administrative fees included (see Attachment III). The unpaid charges and the administrative fees assessed by the City and County will become a special assessment against the properties and will appear on each property owner’s tax bill later this year.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III List of Delinquent Accounts
CITY OF HAYWARD Printed on 6/20/2025Page 1 of 1
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DATE: June 24, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Confirming the Report and Special Assessment List Associated with Delinquent Garbage Bills Incurred by Residential Property Owners with Cart Service

RECOMMENDATION

That Council adopts the attached resolution (Attachment II) confirming the report and assessment for delinquent single-family residential garbage bills and authorizing the delinquent charges to become a special assessment against the properties if not paid on or before July 31, 2025.

SUMMARY

This report presents residential property owners with delinquent cart service garbage bills for the 2024-2025 service year and the amounts that are to be placed as a special assessment on the property tax rolls. As of June 4, 2025, 1,414, property owners owe $815,650.83 or a total of $901,418.78 with both administrative fees included (see Attachment III). The unpaid charges and the administrative fees assessed by the City and County will become a special assessment against the properties and will appear on each property owner’s tax bill later this year.

BACKGROUND

On April 6, 2010, Council approved collection of delinquent garbage bills from residential property owners with cart service via special assessments on property tax rolls. Under the City’s solid waste ordinance (Section 5-1.17), the property owner is ultimately responsible for the payment of the garbage bill, whether or not the owner occupies the property.

Beginning in 2010 and annually thereafter, Waste Management of Alameda County (WMAC) mails three separate notices in January, March, and April to delinquent residential property owners with cart service. The notices typically result in full payments by about half of all delinquent accounts, thereby avoiding placement of a special assessment on those owners’ property tax bills. The outstanding amounts are placed as a special assessment on the property tax rolls.

DISCUSSION

The 2025 assessments include the total amount due from each delinquent account owed WMAC for the period from March 2024 through February 2025. Other charges that will be included in the assessment are a fifty-dollar administrative fee charged by the City and a

1.7% administrative fee charged by the Alameda County Tax Assessor’s Office. These fees and this request for Council’s confirmation of the list are made pursuant to Hayward Municipal Code Sections 5-1.28 through 5-1.32.

At this writing, 1,414 property owners owe $815,650.83 or a total of $901,418.78 with both administrative fees included (see Attachment III). In comparison, on June 5 of 2024, 1,649 property owners owed a total of $994,597.41 with all fees included. If not paid on or before July 31, 2025, the unpaid charges and the administrative fees assessed by the City and County will become a special assessment against the properties and will appear on each property owner’s tax bill later this year.

ECONOMIC IMPACT

A breakdown of the 1,414 total delinquent accounts and the range of amounts owed are as follows:

Profile of Accounts

Amount Owed
48% (683 accounts) Less than $500
36% (500 accounts) $500 to $1,000
16% (231 accounts) $1,000 to $4,973.06

Payment of these fees should not have an undue adverse impact on property owners or tenants as they will be required to pay charges that the overwhelming majority of property owners and tenants pay on a regular basis. The only difference is that property owners of the delinquent accounts must also pay the small administrative fees mentioned above.

FISCAL IMPACT

There is no negative fiscal impact to the City as administrative fees will cover staff costs.

Upon receipt of delinquent fees remitted by the County Tax Assessor’s Office, the City will retain the administrative and franchise fees and remit the balance to WMAC.

STRATEGIC ROADMAP

This agenda item does not directly relate to any of the seven priorities outlined in the Council’s Strategic Roadmap.

SUSTAINABILITY FEATURES

Solid waste management involves the safe and responsible management of discarded material from generation through processing to disposal. Reducing waste landfilled by maximizing the reuse, recycling, and composting of materials increases diversion, conserves natural, resources, and plays an important role in making a community sustainable.

PUBLIC CONTACT

WMAC mailed letters in January, March, and April to each residential property owner and tenant with a delinquent garbage bill. Each letter stated that the City’s ordinance holds property owners responsible for garbage service fees, provided the past due amount, and included a phone number and email address to resolve questions regarding amounts owed.

The March and April letters indicated that Council had authorized, at its April 6, 2010, meeting, collection of delinquent garbage bills through placement of assessments on the Alameda County tax rolls. The April letter identified a due date of June 1, 2025, for payment of delinquent amounts, though WMAC will continue to accept payments until 5:00 p.m., July 31, 2025. The April letter also indicated Council’s confirmation of the report and list of delinquent charges would be scheduled for June 2025. All letters were approved by City staff. Property owners were given an opportunity for an administrative hearing to dispute the delinquent amount, but no hearings were scheduled.

The Notice of City Council’s scheduled confirmation of this report was published in The Daily Review on June 13, 2025.

NEXT STEPS

WMAC will continue to accept payments until July 31, 2025. Staff will provide the final list to the Alameda County Tax Assessor’s Office by August 8, 2025.

Prepared by: Jeff Krump, Solid Waste Program Manager
Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

___________________________________
Michael Lawson, J.D.

Acting City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-___

Introduced by Council Member _________

RESOLUTION CONFIRMING THE REPORT AND SPECIAL ASSESSMENT LIST

ASSOCIATED WITH DELINQUENT GARBAGE BILLS INCURRED BY

RESIDENTIAL PROPERTY OWNERS WITH CART SERVICE

WHEREAS, the Director of Public Works has rendered an itemized report in writing to this Council indicating residential property owners with cart service in the City of Hayward who have incurred delinquent garbage bills , as required by Section 5-1.30 of the Municipal Code of the City of Hayward; and

WHEREAS, the hour of 7 p.m. on Tuesday, June 24, 2025, in the Council Chambers, City Hall, 777 B Street, Hayward, California, was fixed as the time and place for this Council to receive and consider the report, and a copy of the report has been posted and published in the manner required by Section 5-1.31 of the Municipal Code; and

WHEREAS, the report was presented at the time and place fixed, and the City Council has considered the report and all comments with respect thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that, except as may be amended by Council, the report from the Public Works Director of the City of Hayward listing each residential property owner with cart service who has incurred a delinquent garbage bill, a copy of which is attached hereto, is hereby confirmed.

BE IT FURTHER RESOLVED that payments of assessments confirmed hereby may be received by Waste Management of Alameda County up to the hour of 5 p.m. on July 31, 2025, and thereafter such official shall transmit the unpaid assessments to the County Auditor for collection on the property tax roll.