Tuesday, August 19, 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
August 19, 2025City Council Agenda
CITY COUNCIL MEETING
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:
https://hayward.zoom.us/j/89548872302?pwd=p1oWO6NrAZZpE8rAgolC05jFI25bwv.1 Meeting ID: 895 4887 2302
Password: CC8/19@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 895 4887 2302
Password: 6593228486
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Syrop
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
August 19, 2025City Council Agenda
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
PRESENTATION
Adopt-a-Block Day
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.
August 19, 2025City Council Agenda
CONSENT
Approve the Minutes of the Hayward City Council Meeting on June 24, 2025
MIN 25-0881.
Attachments: Attachment I Draft Minutes of 6/20/2025
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $611,000 Grant Funding from the Caltrans
Sustainable Transportation Planning Grant Program; Approve the Local Match of $80,000 from Fund 215- Measure B (Local Transportation) and Fund 460 -Transportation Improvement Fund; Execute a Restricted Grant Agreement with the California Department of Transportation; and Create a Capital
Improvement Project for the Nighttime Safety Enhancement Plan, Project No. 05359
CONS 25-3502.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the East Bay Plain Subbasin Groundwater Sustainability Plan Implementation Agreement between the City of Hayward and East Bay Municipal Utility District CONS 25-3513.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Award a Contract to Pacific Sewer Maintenance for Sewer Root Control Services in a Not-to-Exceed Amount of $197,612
CONS 25-3524.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute the Second Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. to Accelerate the Relocation of Occupants for the Transfer of Specified City Owned Properties and for the Development of Housing
CONS 25-3545.
Attachments: Attachment I Staff Report
Attachment II Resolution
August 19, 2025City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Tyler
Technologies, Inc. to Add the Environmental Health Module to Energov Online Permitting in a Not-to-Exceed Amount of
$520,000 Annually
CONS 25-3556.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Eden Youth and Family Center in a Not-to-Exceed Amount of $345,000 for Hayward Rides Program Support Services, Active Transportation
Incentive and Promotion Program, Project No. 06937
CONS 25-3617.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Awarding a Construction Contract to Rosas Brothers Construction, Inc., for the Fiscal Year 2025 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05340 in the Amount of $494,569.50, Approving $49,569 in Administrative Construction Contingencies, and Appropriating $351,000 in Measure B (Pedestrian and Bicycle) Fund 216 CONS 25-3628.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III District Map
August 19, 2025City Council Agenda
PUBLIC HEARING
Tree Preservation Ordinance: Introduce an Ordinance
Amending the Hayward Municipal Code to Update Chapter 10 (Planning, Zoning and Subdivision), Article 15 (Tree
Preservation Ordinance), Establishing New Regulatory
Guidelines for the Designation, Removal and Mitigation of Protected Trees in the City of Hayward; Proposed Amendments to the 2026 Master Fee Schedule, and Finding the Proposed Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) of the CEQA Guidelines (Report from
Development Services Director Buizer)
PH 25-0379.
Attachments: Attachment I Staff Report
Attachment II Resolution TPO Update
Attachment III Resolution Master Fee Update
Attachment IV Ordinance
Attachment V DRAFT Tree Ordinance Guide Appendix
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
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
ADJOURNMENT
NEXT SPECIAL MEETING, August 26, 2025
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.
August 19, 2025City Council Agenda
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 25-088
DATE: August 19, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the Minutes of the Hayward City Council Meeting on June 24, 2025
RECOMMENDATION
That the City Council approves the Hayward City Council meeting minutes of June 24, 2025.
SUMMARY
The City Council held a City Council meeting on June 24, 2025.
ATTACHMENTS
Attachment I Draft Minutes of June 24, 2025
CITY OF HAYWARD Printed on 8/14/2025Page 1 of 1
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CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
The concurrent Hayward City Council and Geologic Hazard Abatement District (GHAD) Board meeting was called to order by Mayor/GHAD Chair Salinas at 7:00 p.m. in the Council Chambers.
Pledge of Allegiance: Council Member/GHAD Board Director Roche
ROLL CALL
Present: COUNCIL MEMBERS/GHAD DIRECTORS Bonilla Jr., Goldstein, Roche, Syrop MAYOR/GHAD CHAIR Salinas
Absent: COUNCIL MEMBER/GHAD DIRECTOR Andrews, Zermeño
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) BOARD OF DIRECTORS
MEETING
The Hayward Geologic Hazard Abatement District Board of Directors held its meeting and adjourned it at approximately 7:15 p.m. Mayor Salinas reconvened into the meeting of the City Council.
CITY COUNCIL MEETING
CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on June 24, 2025, at 5:30 p.m., with six members present and no public speakers. Council Member Zermeño was absent, and Council Member Andrews absent after 6:00 p.m. The City Council discussed six items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d) regarding Karina Etcheverry v. City of Hayward, et al. Alameda County Superior Court Case No. RG20068444; 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Maria Gomez De Herrera v. Timothy Basilio and City of Hayward , Alameda County Superior Court Case No. 23CV046695; 3) conference with legal counsel pursuant to Government Code section 54956.9 (d)(2) regarding three cases; 4) public employment for Interim City Manager p ursuant to Government Code Section 54957(b) ; 5) public employment pursuant to Government Code section 54957(b) regarding public employee dismissal/release; and 6) conference with legal counsel pursuant to Government Code Section 54956.9 (d)(1) regarding Jose Angel Nava, et al. v. City of Hayward, et al., Superior Court of the State of California, County of Alameda, Case No. 23CV048998.
Acting City Attorney Vigilia reported that the City Council discussed all items and took no reportable action, except for Item s 2 and 5. Regarding Item 2, the City Council voted unanimously, with Council Member Syrop moving, Council Member Goldstein seconding and Council Member Zermeño absent, to approve settlement in the amount of $150,000 .
Concerning Item 5, Dr. Ana Alvarez has resigned from her position with the City of Hayward 2 | J u n e 2 4 , 202 5
effective June 24, 2025 . The City Council voted unanimously , with Mayor Salinas moving, Council Member Roche seconding, and Council Members Zermeño and Andrews absent, to accept the resignation. Dr. Alvarez will receive five months of severance which amounts to $171,148.43, less applicable withholdings and deductions. The parting of ways was amicable and without cause.
Council Member Andrews joined the City Council meeting at approximately 7:24 p.m.
PRESENTATION
Mayor Salinas read a proclamation declaring June 2025 as LGBTQIA+ Pride Month in the City of Hayward. The following individuals received proclamations on behalf of their respective organizations: Dr. Jacob Miranda with CSUEB LGBTQ+ Staff and Faculty Association; Robert Lopez, Lead Prevention Specialist with Project Eden’s Lambda Youth Project ; Jesus Torres- Canales, Program Manager with LGBQIA+ Youth and Young Adult Drop-In Center; and Jayanti Addleman representing the City of Hayward.
PUBLIC COMMENTS
Irene Cruz, Hayward resident, shared she has incurred over $5,000 in costs involving a tree on her property that was mistakenly classified as a City-owned; and requested that the City dismiss the notice of violation.
Carrie Oldes, Program Manager for Spectrum Community Services' Meals on Wheels, requested volunteer support for their Senior Meals Program, and encouraged those interested to contact them via their website - www.spectrumcs.org.
Christina Alves, Hayward resident, expressed concerns about ongoing vandalism involving windows broken by rocks thrown from nearby railroad tracks and fires set across the tracks; and requested the City consider installing fencing of the underpass area to prevent further vandalism and trespassing.
Novella Hicks, a neighbor of Ms. Alves, echoed similar concerns about property damage and safety due to repeated disturbances; and asked the City for support in addressing the situation.
Council Member Syrop made two announcements: 1) the South Hayward Market on June 26, 2025, at the newly renamed Stack Center (Matt Jimenez Community Center); and 2) the Hayward Night Market on June 2 8, 2025, at St. Rose Hospital with more information vi a Instagram.
CITY MANAGER’S COMMENTS
Acting City Manager Lawson made three announcements: 1) the San Francisco Opera will present Boheme Out of the Box , an abridged one -hour version of La Bohème, and children’s program at Heritage Plaza on June 28 and 29, 2025, 2) City commissions applications are being accepted through August 1, 2025, for City residents interested in serving the community with more information through the City Clerk’s Office; and 3) the EarthCapades program aimed at inspiring children to connect with the earth on June 18, 2025 at the Hayward Library.
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
Mayor Salinas emphasized the significance of the upcoming San Francisco Opera performance at Heritage Plaza and invited Library Director Jayanti Addleman to provide further details. Director Addleman described the event as a unique opportunity to experience world-class opera performed by the actual San Francisco Opera cast.
HAYWARD YOUTH COMMISSION
1. Hayward Youth Commission: Adopt a Resolution Confirming the Appointment and Reappointment of Hayward Youth Commission Members (Report from City Clerk Lens) APPT 25-001
Staff report submitted by City Clerk Lens, dated June 24, 2025, was filed.
City Clerk Lens provided a synopsis of the staff report.
Council Member Bonilla Jr., who served on the Hayward Youth Commission interview panel, thanked City Clerk Lens for organizing the recruitment and interview process; praised the growing inclusivity and engagement from youth across Hayward; and emphasized the importance of youth voices in shaping the City's future.
Council Member Syrop , who served on the Hayward Youth Commission interview p anel, echoed Council Member Bonilla Jr.’s sentiments, describing the interview process as inspiring and emphasizing the responsibility that comes with the commission role; and encouraged the youth to remain engaged, serving as a bridge between City leadership and their communities.
Hayward Area Recreation and Park District Board Director Hatcher, who served on the Hayward Youth Commission interview panel, commended the commissioners for their bravery and influence, noting that their input reflects the concerns and voices of the broader community; and expressed gratitude for their willingness to step into leadership roles.
Mayor Salinas praised the commissioners, highlighting their extraordinary academic achievements; noted that many of the appointees are taking college-level courses while still in middle or high school; and described them as among the City’s most dedicated and talented students.
Council Member Andrews congratulated the new commissioners; recognized specific youth commissioners for their participation at the Juneteenth celebration; and encouraged all members to get involved in community events.
4 | J u n e 2 4 , 202 5
It was moved by Mayor Salinas , seconded by Council Member Bonilla Jr , and carried unanimously with Council Member Zermeño absent, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-0121, “ Resolution Confirming the Appointment and Reappointment of Members of the Hayward Youth
Commission”
City Clerk Lens administered the oath of affirmation to new and continuing members of the Hayward Youth Commission.
The City Council took a recess, and Mayor Salinas reconvened the meeting at 8:08 p.m.
CONSENT
Consent Items 3, 5 and 7 received comments.
2. Approve the Minutes of the Special Joint Hayward City Council/Redevelopment Successor Agency/Housing Authority Board Meeting on June 17, 2025 MIN 25-081 It was moved by Council /RSAB/HAB Member Goldstein, seconded by Council /RSAB/HAB Member Syrop, with Council/RSAB/HAB Member Zermeño absent, and carried unanimously, to adopt the special joint City Council/Redevelopment Successor Agency/Housing Authority Board meeting minutes of June 17, 2025.
3. 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 12, 2025) CONS 25-276
Staff report submitted by Public Works Director Ameri, dated June 24, 2025, was filed.
EJ Cire, representing Sheet Metal Workers’ Local Union 104 and Alameda County Building Trades, expressed support for the Community Workforce Agreement (CWA); thanked the City for its continued partnership; emphasized the CWA’s role in creating career pathways for local residents; and noted the agreement ensures quality work through state-approved apprenticeship programs.
Jason Lindsey, President and Business Agent of Iron Workers Union Local 378, spoke in favor of the CWA; highlighted the union’s significant investment in training and continuing education
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
for its members to ensure high standards of safety and quality work; and thanked the City Council for its support.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-122, “A Resolution of the City Council of the City of Hayward 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”
4. 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 CONSENT 25-277
Staff report submitted by Police Chief Matthews, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-123, “Resolution Authorizing the City Manager to Accept and Appropriate $246,855 from Alameda County Health for School -based Mental Health Services for Fiscal Year 2025 through 2026 and to Negotiate and Execute an Agreement with the County for Such Services”
6 | J u n e 2 4 , 202 5
5. 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 CONSENT 25-282
Staff report submitted by Community Services Manager Cole - Bloom and Assistant City Manager Youngblood , dated June 24, 2025, was filed.
Hallie Hottle, Senior Pastor at the First Presbyterian Church of Hayward and a ministry leader at South Hayward Parish, explained that the organization is undergoing a leadership transition; and expressed the church's ongoing commitment to serving the Hayward community.
This item included an amendment to Resolution 25 -125, authorizing the City Manager to negotiate and execute a professional services agreement with the Presbytery of San Francisco to act as fiscal sponsor to 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.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolutions with a revision to Resolution 25-125.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-124, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Bay Area Community Services (BACS) for Fiscal Year 2025-2026 Hayward Navigation Center (H NC) Operations for an Amount Not -To-Exceed
$2,500,894”
Resolution 25-125, “Resolution Authorizing the City Manager to negotiate and execute a professional services agreement with the Presbytery of San Francisco to act as fiscal sponsor to 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”
6. Adopt 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 CONSENT 25-278
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
Staff report submitted by Police Chief Matthews, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-0126, “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 Years 2026 and 2027 and to Negotiate and Execute a Two-Year Agreement for Such Services”
7. 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 CONSENT 25- 287
Staff report submitted by Acting City Manager Lawson, dated June 24, 2025, was filed.
Council Member Syrop requested that the resolution be amended to specify that, effective July 1, 2025, the authorization to take action during the City Council's recess would be granted to the interim city manager or their designee, not the acting city manager.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
8 | J u n e 2 4 , 202 5
Resolution 25-0127, “Resolution of the City Council of the City of Hayward Declaring a City Council Recess from July 1, 2025 through August 15, 2025; Cancelling the Regular City Council Meetings Scheduled for July 1, 15, and 22, and August 5, 2025; and Authorizing the Interim City Manager, or their Designee, to Take Action on Administrative Matters as Necessary during the Recess”
8. 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 Pr oject, 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 CONSENT 25-288
Staff report submitted by Public Works Director Ameri, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-0128, “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 Intersection Improvements Project, Project No. 05716; and the Pedestrian Crossing Upgrades on Minor Arterials Project, Project No. 05308”
9. Adopt a Resolution Confirming the Report and Special Assessment List Associated with Delinquent Garbage Bills Incurred by Residential Property Owners with Cart Service CONSENT 25-289
Staff report submitted by Public Works Director Ameri, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-0129, “ Resolution Confirming the Report and Special Assessment List Associated with Delinquent Garbage Bills Incurred by Residential Property Owners with Cart Service”
10. 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 CONSENT 25-291
Staff report submitted by Fire Chief Vollmer, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-130, “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 I CMA for a Two-Year Term with the Hayward Fire Department”
11. 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 CONSENT 25-303 10 | J u n e 2 4 , 202 5
Staff report submitted by Public Works Director Ameri, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-131, “Resolution Authorizing the City Manager to Negotiate and Execute Agreements with Applied Materials and Engineering, Inc., Certerra R MA 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 Not-To-Exceed $150,000 Annually Per Firm, with an Aggregate Not-To-Exceed Amount of $500,000”
12. 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) Nort Vacuator Rehabilitation Project, Project No. 07818, and Appropriating Funds in the Amount of $230,239 from Sewer System Replacement Fund (Fund 611) CONSENT 25- 307
Staff report submitted by Public Works Director Ameri, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-0132, “Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Agreement with Redwood
Painting Co., Inc., for the Water Resource Recovery Facility (WRRF) North Vacuator Rehabilitation Project in an Amount Not- To-Exceed $215,239; and Appropriation of Funds in the Amount of $230,239”
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
13. 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 CONSENT 25-323
Staff report submitted by City Clerk Lens, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Ordinance 25-008, “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”
14. 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) CONSENT 25-326
Staff report submitted by Public Works Director Ameri, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
12 | J u n e 2 4 , 202 5
Resolution 25-133, “Resolution Approving Addendum No. 1 and Awarding Construction Contract to Terocons, Inc., for the FY23 and FY24 New Sidewalks New Sidewalks Project-Clawiter Road and Industrial Boulevard, Project Nos. 05331 and 05305 in the Amount of $1,185,290 in Addition to Approving $188,529 in Administrative Change Orders (Construction Contingencies)”
15. 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 CONSENT 25-327
Staff report submitted by City Manager Assistant Thomas, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-134, “Resolution Authorizing the City Manager to Execute a Contract Amendment with AEI Consultants, to Increase the Not -To-Exceed Amount by $200,000, for a Total Not -To- Exceed Amount of $600,000 to Provide Environmental Services for the Stack Center Phase II Project”
Resolution 25-135, “Resolution Authorizing the City Manager to Execute a Contract Amendment with DLR Group Inc., to Increase the Not -To-Exceed Amount by $1,721,615, for a Total Not-To- Exceed Amount of $6,317,369, to Support the Construction of the Stack Center Phase II Project”
16. 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 CONSENT 25-328
Staff report submitted by City Manager Assistant Thomas, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-136, “Resolution Authorizing the City Manager to Negotiate and Execute an Operations and Lease Agreement for Stack Center Phase I Between the City of Hayward a Joint Partnership Comprising Eden Youth and La Familia”
17. Adopt a Resolution Authorizing the City Manager to Approve an Increase to the Exisiting Contract with Prenuvo Radiology for Cancer and Health Screening Services for the Hayward Fire Department in a Not-To-Exceed Amount of $105,047 CONSENT 25-336
Staff report submitted by Fire Chief Vollmer, dated June 24, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-137, “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”
PUBLIC HEARING
18. 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 PH 25-032
14 | J u n e 2 4 , 202 5
Staff report submitted by Maintenance Services Director Rullman, dated June 24, 2025, was filed.
Mayor Salinas announced the item indicating he was forgoing staff’s oral presentation and asked if any members had questions on the item.
In response to Council Member Andrews’ inquiry on whether any public comments had been received regarding the item, Management Analyst Grewal confirmed that while no direct public comments were received following the notice of th e item, community input was gathered during the annual meeting held on the last Wednesday of May, with no concerns raised afterward.
There being no public speakers, Mayor Salinas opened and closed the public hearing at 8:22 p.m.
It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolutions.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-138, “ Resolution Approving the Final Engineer’s Report, Reconfirming Maximum Base Assessments, Confirming the Assessment Diagrams and Fiscal Assessments, and Ordering Levy and Collection of Fiscal Assessments for Fiscal Year 2026 for the Landscaping and Lighting Assessment District No. 96-1, Zones 1-18”
Resolution 25 -139, “ Resolution Approving Funding
Recommendations and Appropriating Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District No. 96-1, Zones 1 through 18 for Fiscal Year 2026”
19. 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 PH 25-034
Staff report submitted by Maintenance Services Director Rullman, dated June 24, 2025, was filed.
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
Mayor Salinas announced the item indicating he was forgoing staff’s oral presentation and asked if any members had questions on the item.
There being no public speakers, Mayor Salinas opened and closed the public hearing at 8:23 p.m.
It was moved by Council Member Goldstein, seconded by Council Member Andrews, and carried unanimously, to adopt the resolutions.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-140, “Resolution Approving the Engineer’s Report, Reconfirming Maximum Base Assessment Rate, Confirming the Assessment Diagram and Fiscal Assessment, and Ordering Levy and Collection of Fiscal Assessments for Fiscal Year 2026 for Maintenance District No. 1: Storm Drainage Pumping Station and Storm Drain -Pacheco Way, Stratford Road, and Ruus Lane”
Resolution 25 -141, “ Resolution Approving Funding
Recommendations and Appropriating the Special Revenue Funds for Maintenance District No.1 for Fiscal Year 2026”
20. 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 PH 25-035
Staff report submitted by Maintenance Services Director Rullman, dated June 24, 2025, was filed.
Mayor Salinas announced the item indicating he was forgoing staff’s oral presentation and asked if any members had questions on the item.
There being no public speakers, Mayor Salinas opened and closed the public hearing at 8:24 p.m.
Council Member Roche highlighted the significant effort that went into preparing the report; and encouraged residents, particularly those in the impacted communities, to review the report to better understand the positive developments.
16 | J u n e 2 4 , 202 5
Council Member Syrop echoed Council Member Roche’s sentiments, commending Maintenance Services Director Rullman and his team, for preparing concise and well-written staff reports.
Mayor Salinas also commended the work done by City staff.
It was moved by Council Member Goldstein, seconded by Council Member Andrews, and carried unanimously, to adopt the resolutions.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
Resolution 25-142, “ Resolution Approving the Final Engineer’s Report, Confirming Maximum Base Assessment Amount,
Confirming the Fiscal Assessment Rate, Confirming the
Assessment Diagram, and Ordering the Levy and Collection of the Fiscal Assessment for Fiscal Year 2026 for Maintenance District No. 2: Eden Shores Water Buffer Zone and Pre-Treatment Pond”
Resolution 25 -143, “ Resolution Approving Funding
Recommendations and Appropriating the Special Revenue Funds for Maintenance District No. 2 for Fiscal Year 2026”
LEGISLATIVE BUSINESS
21. 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 LB 25-020
Staff report submitted by Acting City Manager Lawson and Police Chief Matthews, dated June 24, 2025, was filed.
Police Chief Matthews provided a synopsis of the staff report.
Members of the City Council thanked Police Chief Matthews for the presentation.
In response to Council Member Roche ’s inquiry about the training for the new energetic breaching equipment, Police Chief Matthews clarified that the training is included in the $8,300 cost estimate, which covers both the tool and the necessary training.
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
In response to Council Member Syrop’s inquiry about the most recent public input sessio n, Police Chief Matthews responded that it took place during a Council Public Safety Committee meeting in May but had limited attendance and public feedback despite being promoted online.
Council Member Syrop raised concern over the high number of carbine rifles (113) given their cost and Police Chief Matthews explained that the number accounts for operational needs, training, annual maintenance, and replacements.
In response to Council Member Bonilla Jr. ’s inquiry about the function of the energetic breaching tool, Police Chief Matthews explained that it uses a minimal amount of explosive material, typically plastic, cardboard, and detonation cord, tailored to breach various types of doors, enabling safe, remote entry without officers being physically present at the breach point.
Council Member Bonilla Jr. received confirmation that the federal government has no authority to direct Hayward PD's use of the energetic breaching tool. Police Chief Matthews emphasized the importance of local control and preparation for worst-case scenarios.
In response to Council Member Andrews’ inquiry about the drone program and how Access Hayward is used to handle questions or complaints related to drone activity , Police Chief Matthews replied that no complaints have been received regarding the drone program, noted that all drone usage is publicly documented on the website, and added that many drones are privately owned and commercially available, encouraging the public to ask the department directly if they have concerns.
Mayor Salinas opened the public hearing at 8:44 p.m.
Theresa Rezendez, with Hayward Concerned Citizens, expressed support for the continued use of police equipment, including drones and the armored personnel carrier, noting their 100 uses over the past year as a positive indicator; and noted she specifically supported the acquisition of the energetic breaching equipment, citing the Uvalde, Texas school shooting as an example of why rapid and safe breaching capabilities are critical.
Suzanne, with Hayward Concerned Citizens, also voiced support for all the tools being proposed for use by the Hayward Police Department; highlighted the 40-hour training requirement for the energetic breaching tool; and reinforced the need for effective tools and resources.
Mayor Salinas closed the public hearing at 8:47 p.m.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
18 | J u n e 2 4 , 202 5
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: COUNCIL MEMBER Syrop
Resolution 25-144, “ 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”
22. 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 25-022
Staff report submitted by Acting City Manager Lawson, dated June 24, 2025, was filed.
Acting City Attorney Vigilia provided a synopsis of the staff report.
Council Member Syrop inquired whether Director Addleman should be asked to recuse herself from the room during deliberations regarding her compensation. Acting City Attorney Vigilia responded that it would be appropriate for Director Addleman to remain in the audience during the discussion.
There being no public comment, Mayor Salinas opened and closed the public hearing at 8:50 p.m.
Members of the City Council expressed their gratitude to Acting City Manager Lawson and Acting City Attorney Vigilia for their steady leadership and effective management during a critical transition period ; commended both for maintaining stability and guiding the City forward with professionalism and collaboration; and welcomed incoming Interim City Manager Addleman, highlighting her strong reputation, past leadership in the Library Department, and the confidence they have in her ability to lead during the interim phase.
It was moved by Mayor Salinas, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Zermeño
ABSTAIN: None
CONCURRENT MEETING OF HAYWARD CITY COUNCIL AND GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82045361799?pwd=HkDaN6T6PpJdAt29jIHwgjCjmbcaLd.1 Tuesday, June 24, 2025, 7:00 p.m.
Resolution 25-145, “Resolution Approving the Employment Agreement Between the City of Hayward and Interim City Manager and Authorizing the Mayor to Execute the Agreement”
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews made two announcements: 1) the Clean and Green Commission’s cleanup event in the Eden Greenway on June 28, 2025; and 2) thanked all the attendees and key contributors who assisted with the successful Juneteenth Freedom celebration on June 21, 2025.
Mayor Salinas shared key takeaways from the U.S. Conference of Mayors in Tampa, where discussions focused on potential federal cuts to social services, increasing reliance on local governments, and widespread mayoral support for immigrant communities and t he autonomy of local police departments ; congratulated the City on a successful Juneteenth event, which he was unable to attend ; and announced that the City Council’s recess would run from July 1, 2025 to August 15, 2025.
COUNCIL REFERRALS
There were none.
ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 9:18 p.m.
APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-350
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $611,000 Grant Funding from the Caltrans Sustainable Transportation Planning Grant Program; Approve the Local Match of $80,000 from Fund 215- Measure B (Local Transportation) and Fund 460 -Transportation Improvement Fund; Execute a Restricted Grant Agreement with the California Department of Transportation; and Create a Capital Improvement Project for the Nighttime Safety Enhancement Plan, Project No. 05359
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $611,000 grant funding from the Caltrans Sustainable Transportation Planning Grant Program, approve the local match of $80,000 from Fund 215- Measure B (Local Transportation) and Fund 460 - Transportation Improvement Fund, execute a Restricted Grant Agreement with the California Department of Transportation, and create a new Capital Improvement Project for the Nighttime Safety Enhancement Plan.
SUMMARY
The City was recently awarded $611,000 grant funding from the California Department of Transportation’s (Caltrans) Sustainable Transportation Planning (STP) Fiscal Year 2025-2026 Grant program to develop the Nighttime Safety Enhancement Plan, which includes assessment of the existing streetlight conditions and recommendations of the illumination levels for various development areas with the focus on pedestrian and bicycle corridors. Staff recommends adopting a resolution to accept and appropriate $611,000 grant funding from the Caltrans STP Program, approve the local match of $80,000 from Fund 215- Measure B (Local Transportation) and Fund 460 - Transportation Improvement Fund, execute a Restricted Grant Agreement with Caltrans, and create a new capital improvement project for the Nighttime Safety Enhancement Plan.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 8/14/2025Page 1 of 2
powered by Legistar™
File #:CONS 25-350
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2025Page 2 of 2
powered by Legistar™
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $611,000 Grant Funding from the Caltrans Sustainable Transportation Planning Grant Program; Approve the Local Match of $80,000 from Fund 215- Measure B (Local Transportation) and Fund 460 -Transportation Improvement Fund; Execute a Restricted Grant Agreement with the California Department of Transportation; and Create a Capital Improvement Project for the Nighttime Safety Enhancement Plan, Project No. 05359
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $611,000 grant funding from the Caltrans Sustainable Transportation Planning Grant Program, approve the local match of $80,000 from Fund 215- Measure B (Local Transportation) and Fund 460 - Transportation Improvement Fund , execute a Restricted Grant Agreement with the California Department of Transportation, and create a new Capital Improvement Project for the Nighttime Safety Enhancement Plan.
SUMMARY
The City was recently awarded $611,000 grant funding from the California Department of Transportation’s (Caltrans) Sustainable Transportation Planning (STP) Fiscal Year 2025 - 2026 Grant program to develop the Nighttime Safety Enhancement Plan , which includes assessment of the existing streetlight conditions and recommendations o f the illumination levels for various development areas with the focus on pedestrian and bicycle corridors. Staff recommends adopting a resolution to accept and appropriate $611,000 grant funding from the Caltrans STP Program, approve the local match of $80,000 from Fund 215- Measure B (Local Transportation) and Fund 460 - Transportation Improvement Fund , execute a Restricted Grant Agreement with Caltrans, and create a new capital improvement project for the Nighttime Safety Enhancement Plan.
BACKGROUND
The Caltrans STP grant program was created to support the Caltrans mission to provide a safe and reliable transportation network that serves all people and respects the
environment. The STP grant has 3 grant categories: Sustainable Communities, Climate Adaptation Planning, and Strategic Partnerships & Strategic Partnership-Transit. The grant application for the Nighttime Safety Enhancement Plan was submitted under the Sustainable Communities grant category, w hich intends to fund multimodal projects that further sustainable communities and alternative planning strategies in the Regional Transportation Plan and to ultimately achieve the State’s greenhouse gas reduction target of 40 and 80 percent below 1990 levels by 2030 and 2050, respectively. The grant program requires a minimum of 11.47% of local match in cash or in-kind contribution.
The grant application was first submitted on January 18th, 2024, for the Fiscal Year 2024-25 with the project title as “Streetlight Master Plan.” The grant application included $430,000 in grant request and $56,100 in a local cash match. However, the grant application was not selected for this fiscal year.
The grant application was later updated based on Caltrans feedback and resubmitted on January 22nd, 2025, for the Fiscal Year 2025 -26, with the project title as “Nighttime Safety Enhancement Plan.” The grant application included $611,000 in grant request and $80,000 (11.58%) in a local cash match. On July 1st, 2025, Caltrans notified that the grant application was selected for grant funding.
DISCUSSION
The Nighttime Safety Enhancement Plan is proposed to strategically prevent nighttime collisions and accommodate safe travels for all road users in dark conditions. The Plan will include assessment of the existing lighting conditions, recommendations of minimum illumination levels in various development areas with a focus on high pedestrian and bicycle corridors, and establish ment of maintenance programs, processes for handling new street light requests, and short- and long-term capital improvement alternatives.
Poor lighting conditions and a lack of streetlights have been identified as travel safety concerns at nighttime in the City. Based on the City’s Local Road Safety Plan (LRSP) (2023), 58% of the fatal and severe injury crashes reported between 20 17 and 2023 occurred at nighttime. Further, based on the collision data from the Statewide Integrated Traffic Record System, 58% of pedestrian -involved and 54% of bicycle -involved fatal or severe injury collisions occurred in dark conditions with or without streetlights , underscoring the need for enhanced lighting systems.
The Nighttime Safety Enhancement Plan is a necessary tool to evaluate and improve the existing citywide lighting system and prevent collisions to help achieve the City’s Vision Zero goal by 2050 . The LRSP recommended adding intersection lighting, which is a proven countermeasure with a crash reduction factor of 40% based on Caltrans’ Local Road Safety Manual; the lighting at intersections and on its approaches is expected to improve nighttime safety by making drivers aware of the surroundings, enhancing drivers’ available sight distances, and increasing the visibility of non -motorists. The Federal Highway Safety Administration also indicates that adequate lighting at or abo ve minimum acceptable
standards can reduce nighttime injury pedestrian crashes at intersections by 42% and nighttime injury crashes on rural and urban highways by 28%.
In addition to the benefits of collision reduction, the future streetlight improvements based on the Nighttime Safety Enhancement Plan are also expected to result in other public benefits such as emissions reductions with dimming and smart lighting technology, mode shift from auto to walking or biking at nighttime, crime prevention, and increased accessibility to safer multi-modal corridors. With these expected benefits, the plan therefore aligns with the City’s mode shift and greenhouse gas reduction goals, MTC’s guiding principle to provide a safe and multimodal tran sportation system, and Caltrans’ goal s related to safety, climate, accessibility, and infrastructure found in the California Transportation Plan 2050.
ECONOMIC IMPACT
The Nighttime Safety Enhancement Plan will provide a roadmap for implementing future improved streetlight system which will accommodate safer travels , reduce crime, and increase access to key destinations in dark conditions.
FISCAL IMPACT
This agenda item will not impact the City’s General Fund. The total project cost for the Nighttime Safety Enhancement Plan is $691,000, including $611,000 grant funding from the Caltrans STP Grant program and $80,000 local cash match from Fund 215- Measure B (Local Transportation) and Fund 460 - Transportation Improvement Fund detailed in the table below. Sufficient fund balance exists in both funds to support this project.
Fund
215 $75,500
460 $4,500
Total Matching Portion $80,000
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Enhance Community Safety, Champion Climate Resilience & Environmental Justice , and Invest in Infrastructure . This item is not specifically related to a project identified in the Strategic Roadmap. Staff is bringing forward this new item to develop a plan to enhance the City’s streetlight system to support Strategic Priorities by increasing safety, reducing emissions, and improving the streetlight infrastructure.
SUSTAINABILITY FEATURES
The Plan will include recommendations of illumination levels and energy-efficient streetlights, which could encourage and incentivize walking and biking for residents at nighttime and thereby reduce automobile dependency and greenhouse gas emissions over time.
PUBLIC CONTACT
The Plan will include outreach and engagement with the general public, diverse community groups, as well as the development of the Technical Advisory Committee to collect any feedback and concerns regarding the City’s streetlight system. All necessary stakeholders and affected neighborhoods, agencies, community-based organizations, and businesses will have opportunities for input, and be done in a way that is equitable.
NEXT STEPS
If Council approves this request, the City Manager will accept and appropriate $611,000 grant funding from the Caltrans Sustainable Transportation Planning Grant Program; approve the local match of $80,000 from Fund 215 - Measure B (Local Transportation) and Fund 460 - Transportation Improvement Fund; and enter into a Restricted Grant Agreement with California Department of Transportation . A new capital improvement project for the Nighttime Safety Enhancement Plan, Project No. 05359, will be created in Fund 215 and 460.
Once the Restricted Grant Agreement is executed, staff will start advertising to select a consultant to support the development of the Nighttime Safety Enhancement Plan.
Prepared by: Jade Kim, Assistant Transportation Engineer Byron Tang, Principal Transportation Engineer
Recommended by: Alex Ameri, Director of Public Works
Approved by:
________________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _________
ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE $611,000 GRANT FUNDING FROM THE CALTRANS
SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM ; APPROVE THE LOCAL MATCH OF $80,000 FROM FUND 215 AND FUND 460 ; EXECUTE
RESTRICTED GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION; AND CREATE NEW CAPITAL IMPROVEMENT PROJECT FOR THE NIGHTTIME SAFETY ENHANCEMENT PLAN, PROJECT NO. 05359
WHEREAS, the City of Hayward submitted a grant application for the Nighttime Safety Enhancement Plan on January 22, 2025, for the Caltrans Sustainable Transportation Planning Grant Program for the Nighttime Safety Enhancement Plan and was selected for grant funding on July 1st, 2025. The total project cost is $691,000, including $611,000 grant funding and $80,000 local cash match from Fund 215 and Fund 460; and
WHEREAS, the Nighttime Safety Enhancement Plan includes assessment of the existing streetlight conditions and recommendations of the illumination levels for various development areas with an emphasis on pedestrian and bicycle modes of travel , establishment of maintenance programs, processes for handling new s treet light requests, and short- and long-term capital improvement alternatives; and
WHEREAS, the City Council is eligible to receive federal and/or state funding for certain transportation planning related plans, through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before restricted grant funds can be reimbursed through the Sustainable Transportation Planning Grant Program; and
WHEREAS, the City of Hayward wishes to delegate authorization to execute these agreements and any amendment thereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to:
(1) Accept and appropriate $611,000 grant funding from the Caltrans Sustainable Transportation Planning Grant Program; and
(2) Approve the local match of $80,000 from Fund 215 in the amount of $75, 500 and from Fund 460 in the amount of $4,500; and
(3) Execute a Restricted Grant Agreement and any amendments thereto with the California Department of Transportation; and
(4) Create a new Capital Improvement Project for development of the Nighttime Safety Enhancement Plan, Project No. 05359.
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 25-351
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the East Bay Plain Subbasin Groundwater Sustainability Plan Implementation Agreement between the City of Hayward and East Bay Municipal Utility District
RECOMMENDATION
That the City Council adopt a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the Agreement with East Bay Municipal Utility District (EBMUD) for the Implementation of the East Bay Plain Subbasin (EBP Subbasin) Groundwater Sustainability Plan (GSP) jointly prepared by the City and EBMUD.
SUMMARY
The amended agreement includes a revised scope of work that will allow the City of Hayward (City) and EBMUD to prepare the required EBP Subbasin GSP Periodic Evaluation (annual report) and Amendment (5-yr report). In addition, the scope of work includes addressing the Department of Water Resources’ (DWR) recommended corrective actions to the 2022 EBP Subbasin GSP, incorporating GSP implementation updates, and performing technical analyses. The work effort will also cover services to support EBMUD’sinstallation of shallow monitoring wells near creeks, which are required as part of GSP to fill data gaps. The amendment work activities will be jointly funded by the City and EBMUD. EBMUD will fully fund the $105,900 task related to installing shallow monitoring wells since they are all located within EBMUD’sservice area. The remaining tasks, totaling $348,664, will be 35% ($122,032) funded by the City and 65% ($332,532) funded by EBMUD.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2025Page 1 of 1
powered by Legistar™
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the East Bay Plain Subbasin Groundwater Sustainability Plan Implementation Agreement between the City of Hayward and East Bay Municipal Utility District
RECOMMENDATION
That Council adopt a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the Agreement with East Bay Municipal Utility District (EBMUD) for the Implementation of the East Bay Plain Subbasin (EBP Subbasin) Groundwater Sustainability Plan (GSP) jointly prepared by the City and EBMUD.
SUMMARY
The amended agreement includes a revised scope of work that will allow the City of Hayward (City) and EBMUD to prepare the required EBP Subbasin GSP Periodic Evaluation (annual report) and Amendment (5-yr report). In addition, the scope of work includes addressing the Department of Water Resources’ (DWR) recommended corrective actions to the 2022 EBP Subbasin GSP, incorporating GSP implementation updates, and performing technical analyses. The work effort will also cover services to support EBMUD’s installation of shallow monitoring wells near creeks, which are required as part of GSP to fill data gaps.
The amendment work activities will be jointly funded by the City and EBMUD. EBMUD will fully fund the $105,900 task related to installing shallow monitoring wells since they are all located within EBMUD’s service area. The remaining tasks, totaling $348,664, will be 35% ($122,032) funded by the City and 65% ($332,532) funded by EBMUD.
BACKGROUND
In response to extreme drought conditions and unprecedented low groundwater levels, Governor Jerry Brown signed three pieces of legislation in 2014, which are collectively referred to as the Sustainable Groundwater Management Act (SGMA) and created a statewide framework for sustainable, local groundwater management in California. As part of SGMA, local agencies in high- and medium-priority basins are required to form Groundwater Sustainability Agencies (GSAs) that have authority and responsibility for
developing and implementing GSPs. The EBP Subbasin, which in part underlies the City, and in part underlies EBMUD’s service area, was deemed a medium-priority basin and subject to SGMA requirements. In June 2017, the State formally designated the City as the GSA for the portion of the EBP Subbasin that underlies the City. A primary responsibility of a GSA is to develop and implement a GSP to demonstrate that the Subbasin will be sustainably managed within twenty years of implementation of the GSP without adverse impacts.
The City and EBMUD entered into a Cooperating Agreement in June 2018 (subsequently amended three times) to work together to develop a single GSP for the entirety of the EBP Subbasin. This collaboration reduced duplication of technical work, improved communication with stakeholders across the entire EBP Subbasin, and resulted in a robust and effective GSP. Hayward City Council and the EBMUD Board of Directors adopted the GSP for the EBP Subbasin on December 7 and December 14, 2021, respectively, and it was submitted to DWR on January 26, 2022.
The Cooperating Agreement anticipated the possibility of grant funding from DWR to expand on the original scope of work set forth in the Agreement. EBMUD and DWR entered into agreements for Proposition 1 and Proposition 68 grant funds totaling $1,758,000 which have been expended for additional monitoring and analysis, as well as developing a publicly accessible data management system.
It was also anticipated that a subsequent agreement would be developed and executed to address the governance structure, decision-making procedures, and allocation of costs, and responsibilities relative to implementing the GSP to ensure coordinated management and compliance with SGMA. Staff from both agencies worked together to develop an Implementation Agreement that allowed for coordinated management of the EBP Subbasin while protecting each entity’s interests.
The City and EBMUD entered into an Implementation Agreement on November 17, 2022, that identified management activities and allocate costs to ensure consistent and effective management of the EBP Subbasin. The activities include: 1) Installing new groundwater monitoring wells and stream gauges as necessary; 2) Monitoring groundwater levels, quality, and local stream flow: 3) Constructing habitat surveys to confirm groundwater dependent ecosystems; 4) Coordinating with local stakeholders, to share information and provide opportunity for input; and 5) Developing and maintaining a publicly accessible data management system.
DISCUSSION
As GSAs for the EBP Subbasin, the City and EBMUD completed a single GSP for the EBP Subbasin and submitted it to DWR on January 26, 2022. DWR approved the GSP in July 2023 with nine recommended corrective actions. The GSAs are implementing the GSP to comply with the SGMA, which includes preparing a periodic evaluation at least once every five years and, and if necessary, amending the GSP. The GSAs have determined that the 2022 GSP will need to be amended to address DWR’s corrective actions related to updating
certain sustainable management criteria, which are the metrics that guide groundwater basin sustainability.
In addition to preparing the GSP Periodic Evaluation and Amendment, which are due to DWR by January 31, 2027, the scope of work includes addressing DWR’s recommended corrective actions, re-evaluating the number of representative monitoring wells needed, updating the EBP Subbasin groundwater model, and incorporating GSP implementation updates. An additional task includes preparing construction specifications for shallow monitoring wells and overseeing a well drilling contractor to be obtained later under a separate EBMUD contract. Shallow wells are needed as part of GSP implementation to fill data gaps near creeks within EBMUD’s service area.
The City and EBMUD worked under a cooperating agreement to prepare the 2022 EBP Subbasin GSP and have been implementing the GSP under an implementation agreement executed on November 17, 2022. The implementation agreement will be amended to include the scope of work, cost sharing, and schedule.
A request for proposals was posted on EBMUD’s website and sent to nine firms with expertise in groundwater management and GSP development and implementation. Three firms submitted proposals, and all three firms were short-listed and interviewed. Luhdorff & Scalmanini Consulting Engineers was the firm selected by the City and EBMUD staff based on having the best approach to addressing the scope of work and the team’s expertise and familiarity with the EBP Subbasin.
ECONOMIC IMPACT
The GSP provides a strategy for long-term sustainable management of the City’s groundwater resources. These actions will benefit the community’s economy through improved water supply reliability.
STRATEGIC ROADMAP
This agenda item supports the FY 2025 Strategic Priority 4: Invest in Infrastructure.
Specifically, this item relates to the implementation of the following project:
Project N23: Implement Groundwater Sustainability Plan
FISCAL IMPACT
The adopted FY26 CIP budget includes funds in project 07191 for Groundwater Sustainability Plan implementation activities (Water Improvement - Fund 604). There will be no impact on the General Fund.
SUSTAINABILITY FEATURES
The City’s role as a GSA, along with its responsibility for preparing and implementing a GSP, provide authority to ensure that the groundwater beneath the City is protected and sustainably managed for the future. A long-term commitment to groundwater sustainability increases overall water supply reliability, maximizes local resources, and diversifies the City’s water supply, to help the City respond to future uncertainties and the effects of climate change.
PUBLIC CONTACT
SGMA requires active stakeholder participation in the GSP development and implementation to ensure common understanding and transparency. Key stakeholders in the City include large groundwater users and neighboring agencies such as the Hayward Area Parks and Recreation District, Chabot College, Alameda County, and the Alameda County Water District. The City and EBMUD developed a Stakeholder Communication and Engagement Plan that guides stakeholder outreach and incorporates a broad variety of communication methods. Regular meetings have been conducted with stakeholders and interested parties throughout the development of the 2022 GSP and Annual Updates, and will continue during the development of the 5-yr update.
As noted in this discussion, the proposed Amended Implementation Agreement calls for continued active stakeholder engagement with the established Technical Advisory Committee, Inter-Basin Working Group, and other interested parties, to share information and coordinate Management Actions.
NEXT STEPS
If Council approves the recommended action, staff will execute Amendment No. 1 to the EBP Subbasin GSP Implementation Agreement with EBMUD.
Prepared by: Cheryl Muñoz, Water Resources Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE EAST BAY PLAIN SUBBASIN GROUNDWATER
SUSTAINABILITY PLAN IMPLEMENTATION AGREEMENT BETWEEN THE
CITY OF HAYWARD AND EAST BAY MUNICIPAL UTILITY DISTRICT
WHEREAS, the California Legislature adopted, and the Governor signed into law, the Sustainable Groundwater Management Act of 2014 (SGMA), which authorizes local agencies to ensure sustainable management of groundwater resources; and
WHEREAS, SGMA requires that by January 31, 2022, all groundwater basins designated by the California Department of Water Resources (DWR) as high - or medium- priority basins be managed under a single Groundwater Sustainability Plan (GSP), coordinated GSPs prepared by the Groundwater Sustainability Agency (GSA) or Agencies managing the basin, or an alternative plan, as provided for in Cal. Water Code Sec tion 10720.7(a); and
WHEREAS, the East Bay Plain Subbasin 2-009.04 is subject to the provisions of SGMA; and
WHEREAS, the City of Hayward (City) and EBMUD are the exclusive GSAs for their respective management areas in the East Bay Plain Subbasin; and
WHEREAS, the City and EBMUD entered into a Cooperating Agreement on June 25, 2018, to prepare a single GSP for the East Bay Plain Subbasin, and the Cooperating Agreement was subsequently amended on March 19, 2019, December 22, 2020, and November 19, 2021; and
WHEREAS, the Hayward City Council adopted the GSP on December 7, 2021, and the EBMUD Board of Directors adopted the GSP on December 14, 2021; and
WHEREAS, as part of the development of the Cooperating Agreement, as amended, the City and EBMUD pla nned to develop and enter into a subsequent agreement to implement the GSP on November 17, 2022 to allocate costs related to preparation of the GSP Annual Reports and certain other activities as may be deemed necessary to ensure coordinated management and compliance with SGMA in the East Bay Plain Subbasin; and
WHEREAS, Water Code Section 10728.2 and Section 356.4 of the DWR regulations require GSAs to evaluate GSPs every five years to assess the implementation of the GS P and achievement of the objectives and describe any significant new information that has been made available (referred to as the Periodic Evaluation); and
WHEREAS, the GSAs have determined that in addition to the Periodic Evaluation, the 2022 GSP must be amended to address DWR’s recommended corrective actions related to updating certain sustainable management criteria, which are the metrics that guide groundwater basin sustainability; and
WHEREAS, the GSAs will engage Luhdorff & Scalmanini Consulting En gineers (Consultant) to prepare the E ast Bay Plain Subbasin GSP Periodic Evaluation and Amendment, which must be completed and submitted to DWR by January 31, 2027; and
WHEREAS, EBMUD will serve as the contracting agency with Consultant; and
WHEREAS, th e City and EBMUD have reached agreement on the provisions of an Amended Implementation Agreement, including fair and equitable cost allocation; and
WHEREAS, the City’s cost share for activities in the Amended Implementation Agreement is estimated to be $122,032; and
WHEREAS, funds for the Groundwater Sustainability Plan Implementation Activities are available in the City of Hayward’s adopted Fiscal Year 202 6 Capital Improvement Program budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to execute Amendment No. 1 to the East Bay Plain Subbasin Groundwater Sustainability Plan Implementation Agreement between the City of Hayward and East Bay Municipal Utility District, in a form approved by the City Attorney, with EBMUD to work cooperatively to implement the East Bay Plain Subbasin GSP.
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 25-352
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Award a Contract to Pacific Sewer Maintenance for Sewer Root Control Services in a Not-to-Exceed Amount of $197,612
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II), authorizing the City Manager to award a contract to Pacific Sewer Maintenance (Pacific Sewer), for Sewer Root Control Services in an Amount Not to Exceed $197,612.
SUMMARY
The Utilities Division of the Public Works & Utilities Department is responsible for maintaining approximately 320 miles of sewer mains within the City’s sanitary sewer system. As part of ongoing system maintenance, this project will treat approximately 9½ miles of sanitary sewer pipe annually at various locations using a chemical root control agent. The treatment removes existing root growth and inhibits regrowth, helping to reduce sewer overflows and extend the life of the sewer system.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2025Page 1 of 1
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DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Authorizing the City Manager to Award a Contract to Pacific Sewer Maintenance for Sewer Root Control Services in an Amount Not to Exceed $197,612
RECOMMENDATION
That Council adopts the attached resolution (Attachment II), authorizing the City Manager to award a contract to Pacific Sewer Maintenance (Pacific Sewer), for Sewer Root Control Services in an Amount Not to Exceed $197,612.
SUMMARY
The Utilities Division of the Public Works & Utilities Department is responsible for maintaining approximately 320 miles of sewer mains within the City’s sanitary sewer system. As part of ongoing system maintenance, this project will treat approximately 9½ miles of sanitary sewer pipe annually at various locations using a chemical root control agent. The treatment removes existing root growth and inhibits regrowth, helping to reduce sewer overflows and extend the life of the sewer system.
BACKGROUND
Root intrusion into sewer lines occurs when tree or plant roots, in search of moisture and nutrients, enter through cracks, joints, or gaps in sewer pipes. The City’s landscape—with its many trees, grasses, and shrubs—combined with the presence of sewer mains located in off-street easements, makes certain segments of the system particularly vulnerable to root intrusion. These issues are especially prevalent during periods of drought or low rainfall.
Roots in sewer pipelines can cause reduced flow capacity, blockages, backups, overflows, and even structural damage. While all pipe types are susceptible, vitrified clay pipes are especially prone to intrusion. Root growth has been observed in various locations across Hayward, primarily in older clay pipe segments.
To maintain sewer system performance and reduce the risk of overflows, the City plans to treat approximately 50,000 linear feet of sewer pipe annually using a root foaming method.
This involves applying a chemical root control agent—approved by the U.S. Environmental Protection Agency—into sewer mains using hydro-cleaning equipment from manhole to manhole. The foam coats the interior pipe walls, killing roots and inhibiting regrowth
without damaging surrounding vegetation or impacting operations at the City’s Water Resource Recovery Facility. Treatment is generally effective for two to three years.
Root foaming is a cost-effective and non-invasive maintenance strategy that helps preserve system capacity and prevent sewer spills. It is a standard industry practice and part of the City’s ongoing preventive maintenance program.
In addition, the Utilities Division performs routine sewer main cleaning and regularly inspects the system using closed-circuit television (CCTV) technology. These inspections involve guiding a camera through the pipe to assess its condition in real time. Based on recent CCTV inspections, approximately 19.2 miles of sanitary sewer lines have been identified for root treatment over the next two years to address recurring root intrusion issues.
DISCUSSION
On June 6, 2025, the City issued Request for Quotation (RFQ #25-058) for Sewer Root Control services via the online bidding platform OpenGov. Bids were due by June 27, 2025.
The RFQ specified a base bid for 2 years of treatment and optional bid items for up to 3 additional years. The base bid covers the application of chemical root foaming to approximately 102,000 linear feet of sanitary sewer lines ranging from 4 to 12 inches in diameter (about 50,000 feet in Year 1 and 52,000 feet in Year 2). Each optional bid item covers 50,000 linear feet of treatment and requires separate authorization.
Due to the specialized nature of the work, the RFQ required contractors to be licensed pesticide applicators with the California Department of Pesticide Regulation and to have at least five years of experience in chemical root control. Applicators were also required to be certified, with a minimum of three years of experience and a record of treating at least 500,000 linear feet of sewer line. To ensure treatment effectiveness, the City specified Vaporooter—a foaming root control product containing metam-sodium and dichlobenil— as the only acceptable herbicide. This decision was based on its superior performance in past City projects, where other products failed to adequately eliminate or inhibit root growth.
On June 27, 2025, the City received one (1) bid in response to RFQ #25-058 for Sewer Root Control Services. The bid was submitted by Pacific Sewer Maintenance (PSM) and included pricing for the base bid (2 years of treatment) and three optional bid years as outlined below.
Bid Pricing:
Base Bid (Years 1–2): $177,611.56
Optional Year 3: $90,839
Optional Year 4: $94,838
Optional Year 5: $97,748
Total (with all options): $461,036.56
The base and total bids of $177,611.56 and $461,036.56 are approximately 14% and 9% below the engineer’s estimates of $203,000 and $503,000, respectively.
PSM has over 40 years of experience in chemical root control, using cost-effective treatments that inhibit root regrowth. PSM (formerly Root Tamers) has also provided quality work and reliable service to the City on past sewer root control projects. Staff have reviewed the bid documents and licenses and found them to be in order. Staff recommends awarding the contract to PSM, the lowest responsive bidder, for the base bid scope in an amount not to exceed $197,612. This covers treatment of 101,519 linear feet of sewer line over two years, as outlined in the RFQ, and includes a $20,000 contingency for additional services, if required and authorized by the City. The contingency is intended to address unforeseen field conditions, particularly in easement areas where access can be challenging.
This project is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) Section 15301(b), which allows for maintenance of existing public facilities involving negligible or no expansion of use.
ECONOMIC IMPACT
This project supports Council’s direction to modernize and upgrade existing infrastructure.
By proactively addressing root intrusion in sewer mains, the project is expected to reduce long-term operations and maintenance costs associated with blockages, overflows, and emergency repairs. It will help maintain system reliability, extend the life of the existing infrastructure, and reduce the risk of service disruptions. In addition, a well-maintained sewer system supports continued economic development and investment within the community by ensuring essential services remain dependable and resilient.
FISCAL IMPACT
The estimated costs for the Sewer Root Control Services are as follows:
Root Control Services for 2 Years $177,612
Additional Services Contingency $20,000
Total $197,612
Funding for this work will come from the Root Foaming CIP project (Project No. 07784), which is part of the Sewer Replacement Fund (Fund 611). Adequate funding is available in the Sewer System funds for Fiscal Year 2026. There will be no impact to the General Fund.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the Council’s six Strategic Priorities.
SUSTAINABILITY FEATURES
Annual sewer maintenance reduces the risk of overflows that can release untreated wastewater into public roadways and waterways, while also extending the lifespan of the sewer system. The project uses U.S. EPA-registered products, ensuring compliance with federal health and safety standards.
PUBLIC CONTACT
During construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information.
NEXT STEPS
If Council approves this item, staff will finalize an agreement with Pacific Sewer Maintenance and issue a Notice to Proceed.
The following schedule has been developed for this project:
Award of Contract August 19, 2025
Notice to Proceed September 16, 2025
Year 1 Services Completion November 2025
Year 2 Services Completion Spring 2026
Prepared by: Steven Wolfe, Associate Civil Engineer
Reviewed by: Zaheer Shaikh, Utilities Engineering Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _________
RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT
TO PACIFIC SEWER MAINTENANCE FOR SEWER ROOT CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $197,612
WHEREAS, the City of Hayward (City) owns and maintains approximately 320 miles of sewer mains in the sanitary sewer system; and
WHEREAS, on June 6, 2025 , the City issued a request for quote (RFQ #25-058) for sewer root control services over a 2 -year period to treat approximately 19.2 miles of root intrusion within the City’s sanitary sewer lines to extend the longevity of the sanitary sewer system; and
WHEREAS, in response to the RFQ, the City received one (1) bid in the amount of $177,611.56 submitted by Pacific Sewer Maintenance , that is about 14% below the engineer’s estimate of $203,000; and
WHEREAS, the City has determined that Pacific Sewer Maintenance possesses the necessary experience and skills to perform the work; and
WHEREAS, the site access in easement areas can be challenging that could lead to unforeseen field conditions, an administrative change order contingency of $20,000 (about 11% of the bid amount) is requested to bring the contract limit to be awarded to $197,612, including administrative change orders.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and dir ected to execute, on behalf of the City of Hayward, a n agreement with Pacific Sewer Maintenance , in a form approved by the City Attorney, for sewer root control services in an amount not to exceed $197,612, including a contingency for additional services, if required and authorized.
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 25-354
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute the Second Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. to Accelerate the Relocation of Occupants for the Transfer of Specified City Owned Properties and for the Development of Housing
RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) approving the Government Code Section 52201 Summary Report for the project (Attachment III) and authorizing the City Manager to execute the Second Amendment to the Disposition Development and Loan Agreement (DDA) and related documents, with RCD GP IV, LLC and Parcel Group 8, L.P. (Developer) . to Accelerate the Relocation of Occupants for the transfer of specified properties and for the development of new affordable housing and rehabilitation of units for affordable housing.
SUMMARY
After abandoning the State Route 238 Bypass Project in the 1970s, Caltrans began selling parcels that had previously been acquired for the planned freeway. In order to ensure that future development of the State Route 238 parcels located in Hayward aligned with the City’sland use policies and overall vision, the City negotiated a Purchase and Sale Agreement (PSA) with Caltrans in 2016 to manage the disposition and development of former right of way for the now defunct 238 Bypass. The City-controlled State Route 238 properties are divided into ten “parcel groups.”
On September 15, 2020, the Council provided authorization for the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with Resources for Community Development (Developer), to develop an affordable housing project on the 2.36-acre Affordable Housing Segment, including new construction of affordable housing on the portion of the property within the City (City Portion) and exploration and identifying the development approach for existing naturally occurring affordable housing on the County Portion 1. At the same time, Council also adopted a resolution memorializing that the provisions of affordable housing and an expansion of Carlos Bee Park will satisfy the affordable housing and park dedications for Parcel Group 8. Shortly thereafter, Caltrans authorized the subdivision of Parcel Group 8 to allow for the disposition of the affordable housing, park, and market CITY OF HAYWARD Printed on 8/14/2025Page 1 of 2
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File #:CONS 25-354
the subdivision of Parcel Group 8 to allow for the disposition of the affordable housing, park, and market rate housing segments during separate transactions.
On June 28, 2022, after extensive community engagement and entitlement application approval, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement (DDA) and related documents, with the Developer for the transfer of specified properties and for the development of new affordable housing and rehabilitation of units for affordable housing and found the project is consistent with prior California Environmental Quality Act (CEQA) determinations.2 Developer and City executed the DDA also dated June 28, 2022. On February 20, 2024, The City Council authorized an amendment to the DDA to extend the required close of escrow date from December 31, 2024 to December 31, 2026 and revising the number and size of units in the development plan. The proposed project consists of the construction of 82 new affordable units and the rehabilitation of at least six existing units.
The existing units on the County Portion need major rehabilitation. Anticipated construction start has been delayed due to competitiveness of state housing development funding. The developer is working diligently to secure development funds but because an anticipated construction start date is unknown, staff recommends transitioning the tenants on the County Portion to better quality housing prior to construction start using existing predevelopment funds to provide a moving incentive and moving assistance.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2025Page 2 of 2
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DATE: August 19, 2025
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute the Second Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. to Accelerate the Relocation of Occupants for the Transfer of Specified City Owned Properties and for the Development of Housing
RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) authorizing the City Manager to execute the Second Amendment to the Disposition Development and Loan Agreement (DDA) and related documents, with RCD GP IV, LLC and Parcel Group 8, L.P. (Developer). to Accelerate the Relocation of Occupants for the transfer of specified properties and for the development of new affordable housing and rehabilitation of units for affordable housing.
SUMMARY
After abandoning the State Route 238 Bypass Project in the 1970s, Caltrans began selling parcels that had previously been acquired for the planned freeway. In order to ensure that future development of the State Route 238 parcels located in Hayward aligned with the City’s land use policies and overall vision, the City negotiated a Purchase and Sale Agreement (PSA) with Caltrans in 2016 to manage the disposition and development of former right of way for the now defunct 238 Bypass. The City-controlled State Route 238 properties are divided into ten “parcel groups.”
On September 15, 2020, the Council provided authorization for the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with Resources for Community Development (Developer), to develop an affordable housing project on the 2.36- acre Affordable Housing Segment, including new construction of affordable housing on the portion of the property within the City (City Portion) and exploration and identifying the development approach for existing naturally occurring affordable hous ing on the County Portion 1. At the same time, Council also adopted a resolution memorializing that the provisions of affordable housing and an expansion of Carlos Bee Park will satisfy the affordable housing and park dedications for Parcel Group 8. Shortly thereafter, Caltrans authorized the subdivision
of Parcel Group 8 to allow for the disposition of the affordable housing, park, and market segments during separate transactions.
On June 28, 2022, after extensive community engagement and entitlement ap plication approval, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement (DDA) and related documents, with the Developer for the transfer of specified properties and for the development of new a ffordable housing and rehabilitation of units for affordable housing and found the project is consistent with prior California Environmental Quality Act (CEQA) determinations.2 Developer and City executed the DDA also dated June 28, 2022. On February 20, 2 024, The City Council authorized an amendment to the DDA to extend the required close of escrow date from December 31, 2024 to December 31, 2026 and revising the number and size of units in the development plan. The proposed project consists of the construction of 82 new affordable units and the rehabilitation of at least six existing units.
The existing units on the County Portion need major rehabilitation. Anticipated construction start has been delayed due to competitiveness of state housing devel opment funding. The developer is working diligently to secure development funds but because an anticipated construction start date is unknown, staff recommends transitioning the tenants on the County Portion to better quality housing prior to construction start using existing predevelopment funds to provide a moving incentive and moving assistance.
BACKGROUND
The City of Hayward entered into a PSA with Caltrans in January 2016 to acquire 10 parcel groups comprised of properties acquired by Caltrans for the State Route 238 expansion project. Caltrans has transferred those properties to the City subject to the City managing the disposition and development of these former State Route 238 parcel groups with the goals of removing blight, enhancing community involvement in the development process, and creating economic and public benefits, such as job generating uses and trails and parks. As the City sells or transfers particular parcels, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the PSA. The 10 parcel groups must be disposed of by 2032 and Table 1 provides the current status of these parcel groups.
Table 1: Status of 238 Parcel Groups
Parcel
Group
Status Entity Est.
Disposition
Timeline
Estimated
Unit Counts
Affordable
Unit Count
1 & 10 Sold / Complete William Lyon Homes
(SOHAY)
August
2018
472
(approved)
48 (approved)
2 Sold / Under
Construction
The True Life
Companies (Mirza)
June 2020 189
(approved)
20 (approved)
3 Sold / Under
Construction
Eden Housing and
The Pacific
Companies
December
2022
176
(approved)
176
(approved)
4 Master
Development
Planning
City of Hayward 2024+ 3 0
5 Executed DDA Trumark Properties,
LLC
TBD 92 18
6 Developer
solicitation in
future
City of Hayward TBD 300 30
7 Lower lot – Sold
and operating
One Subaru of
Hayward
June 2020 0 0
7 Upper lot City of Hayward TBD 0 0
8 Affordable
Housing: Execution
of DDA pending
approval
Open Space: Under
negotiations
Market Rate:
Developer
solicitation in
future
AH: Resources for
Community
Development
OS: HARD
MR: City of Hayward
2026
TBD
TBD
82 (new units)
& up to 6
existing units
(approved)
82 (new units)
& up to 6
existing units
(approved)
9 Developer
solicitation in
future
City of Hayward TBD TBD TBD
TOTAL 1,320 3805
Between 2019-2022, City staff worked with the community to develop a vision and approach to the development for Parcel Group 8. This included outreach efforts with the Parcel Group 8 neighborhood, Castro Valley Municipal Advisory Council, the existing Brid ge Court tenants, Eden Area Municipal Advisory Council, Grove Way Neighborhood Association, Eden Area Community Land Trust, Supervisor Miley’s Office, Alameda County Housing and Community
Development Departments, Hayward Area Recreation and Park District, and the private and nonprofit development community. Based on this extensive community and stakeholder feedback, staff developed an approach to the development of Parcel Group 8 to subdivide Parcel Group 8 into three major segments and move forward with th ree distinct community and development processes as follows:
1. Affordable Housing Segment – Engage RCD, a nonprofit developer, to build much - needed affordable housing on the Bridge Court/Grove Way properties that minimizes displacement of existing residential tenants.
2. Open Space Segment – Facilitate an open space dedication to HARD for expansion of Carlos Bee Park.
3. Market Rate Middle Segment – Solicit private developer interest in a lower density market rate housing and trail expansion project consistent with the County Housing Element in order to address neighborhood traffic concerns and satisfy the Caltrans purchase price.
Caltrans agreed to authorize the separate and independent subdivision and development of the three distinct segments describe d above and, on September 15, 2020, the City Council memorialized that the proposed affordable housing development and open space dedication for Parcel Group 8 satisfies the City’s park dedication and affordable housing obligations for any new housing proposed on the Market Rate Middle Segment.
The Developer’s mission is to create and preserve affordable housing for people with the fewest options, build community, and enrich lives. For 40 years, the Developer has grown from a small Berkeley-based special needs housing developer to owning and operating 64 developments through the Bay Area that provide affordable homes to 5,353 people. The Developer also works closely in partnership with the John Stewart Company, who provides experienced property management, a key to the success of affordable housing. The Developer builds energy-efficient and green buildings, outdoor areas, community rooms, community gardens, and services and property management offices that add greatly to the quality of housing. These amenities include space for a variety of resident services programs, such as community building social activities, educational workshops, and individual case coordination to help residents gain skills and access services at no additional cost.
The Developer submitted their entitlements application under Senate Bill 330/Senate Bill 35 and Density Bonus on March 30, 2022. The project was deemed consistent with the objective standards for the Commercial/High Density Residential General Plan land use designation and related Commercial and Neighborhood Commercial/Residential zoning districts and the project entitlements were approved through the streamlined ministerial review with a Density Bonus and related concessions and waivers.
On June 28, 2022, the City Cou ncil authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement (DDA) and related documents, with Developer for the transfer of specified properties and for the development of new affordable housing and
rehabilitation of units for affordable housing and found the project is consistent with prior California Environmental Quality Act (CEQA) determinations. On February 20, 2024 the City Council authorized an amendment to the DDA to extend the required close of escrow date from December 31, 2024 to December 31, 2026 and revising the number and size of units in the development plan. Both the DDA approval and first amendment included the Section 52201 report. The conclusion of the Section 52201 Summary Report reflects that the estimated total cost to the City is projected to be higher than the purchase price received from the Developer.
However, the DDA as amended and Regulatory Agreement impose extraordinary controls on the housing sites. The impacts created by these requirements reduce the value of the housing sites to a negative fair reuse value.
DISCUSSION
Since the execution of the DDA, staff and the Developer have been working collaboratively to prepare the site for development and secure financing for the project. Key activities have included:
Evaluating competitiveness and applying for various state and federal funding
Performed environmental testing
Obtaining a grant for removal of equipment associated with a former gas station on the property.
Monitoring market conditions.
While the developer has been actively pursuing funding opportunities, it is still unknown when construction will start. The occupied property on the County Portion needs major rehabilitation.
A. Proposed Second Amendment to the DDA
Due to the delay in securing funding and current need for improvement of the property, staff recommends amendments to the DDA which will authorize relocation of the tenants from the County Portion prior to construction start to help the tenants find better quality housing sooner, increase the moving incentive, and provide moving assistance. Table 2 describes the proposed changes to the DDA.
Table 2. Proposed Second Amendment to the DDA
Original DDA as amended Proposed Change
(Amendment #2)
Reason
Anticipated Move
Out date
September 2025
90-day Notice 3-6
months prior to
construction start
December 2025
90-day notice to be
given September
2025
Major rehabilitation
needed and construction
start date unknown
Temporary
Relocation
Assistance
Rent differential payment
for two-year construction
period
Eliminate temporary
relocation assistance
Length of time for
temporary relocation
unknown. Displacement
longer than one year is
considered permanent
relocation
Permanent
Relocation
$20,000 moving incentive $40,000 moving
incentive and
reimbursement of
moving costs up to
$5,000.
Due to removal of the
temporary relocation
option, amount of
incentive and assistance
can be increased within
existing development
budget
Zero Displacement
goal/Right to
return
Zero displacement goal for
all Bridge Court tenants that
meet the eligibility
requirements for the
project. Tenants who are
not income eligible and
receive permanent
relocation or choose
permanent relocation
would not have the right to
return to the project
All Bridge Court tenants
would be permanently
relocated but are eligible
for priority placement
on lease-up lottery if
they choose to apply for
a unit in the project.
Tenants must meet
eligibility criteria for the
project.
The change allows all
Bridge Court tenants that
are otherwise eligible at
the time of construction
completion (instead of
construction start) to
return to the project.
B. Housing Element Compliance
The proposed Project will add a total of 82 new affordable housing units to the City’s housing stock, which would help the City to meet approximately 5% of the RHNA goal for lower-income households. Additionally, the project helps the City meet the following goals established in the City’s Housing Element:
Assist in the development of housing affordable to low- and moderate-income households; and
Promote equal housing opportunities for all persons.
ECONOMIC IMPACT
The proposed development would have a positive economic benefit in that it would result in development of a currently vacant site with new residential units and rehabilitate existing units that require infrastructure investment, and this would beautify the site and increase surrounding property values. The proposed development is expected to provide 8 8 new affordable housing units. Development of the project is also expected to generate temporary construction jobs and an estimated 33 permanent jobs.
Developers will leverage the City’s investment in their project to secure funding from the County, the State, and private sources. The project will leverage app roximately $84 million dollars.
Additionally, social research indicates that access to affordable housing can improve education outcomes, increase health and wellbeing, boost economic activity, and lower the costs for state and local governments to provide emergency housing, mental health crisis services, emergency medical care, and other services to assist the homeless or families and individuals with a housing crisis. The rent for affordable housing is relative to income levels versus market prices which reduces rent burden. This increases available income to pay for other basic needs or save for other financial goals such as furthering education or homeownership. Stabilizing housing costs can be the first step to creating opportunities for personal economic advancement.
STRATEGIC ROADMAP
The proposed project supports the Strategic Priorities of Preserve, Protect, and Preserve Housing for All, as well as of Grow the Economy, and specifically, relates to the implementation of the following project:
Project E13: Continue to work on Route 238 Corridor lands disposition and development.
FISCAL IMPACT
The sale of the Affordable Housing Segment will help satisfy the affordable housing requirements for the future Market Rate Segment, enhancing the future purchase price of the Market Rate Segment. The future sales proceeds for the Market Rate Segment will be utilized by the City to repay Caltrans as required under the PSA and any excess to sales proceeds will be retained by the City.
While no property taxes are currently being paid on this Parcel Group, the proposed approach to development is expected to result in new market rate development on the Market Rate Middle Segment, which will generate new property tax revenue to the City. If the Affordable Housing Segment is developed and managed by Developer, it will generate little property tax revenue since an affordable housing development owned by a nonprofit organization is eligible for a welfare exemption which reduces its tax obligation. That said, the proposed project would provide an opportunity for new residential development needed to address the goals of the
City’s and County’s Housing Elements. If HARD takes ownership of the Open Space Segment, it will not generate property tax revenue, but will create important public open space and trails for the neighborhood and Hayward community.
There is no additional fiscal impact related to the $2 million loan from the City Inclusionary Housing Fund. Funding for this project was approved by City Council on May 4, 2021 and the funds have already been encumbered.
NEXT STEPS
Following Council approval, staff will take the necessary steps to execute Amendment 2 to the DDLA and convey the property to the Developer in accordance with the DDLA.
Prepared by: Christina Morales, Development Services Deputy Director Sara Buizer, AICP, Development Services Director
Recommended by: Mary Thomas, Assistant City Manager
Approved by:
_______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member ___________
RESOLUTION APPROVING AN UPDATED G OVERNMENT CODE SECTION 52201 S UMMARY REPORT FOR THE PROJECT; A UTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE THE SECOND A MENDMENT TO
THE DISPOSITION DEVELOPMENT AND LOAN AGREEMENT WITH RCD GP IV, LLC AND PARCEL GROUP 8, L.P. FOR TRANSFER OF SPECIFIED CITY OWNED
PROPERTIES AND FOR THE DEVELOPMENT OF HOUSING AND MAKING
SPECIFIED FINDINGS IN ASSOCIATION WITH A GOVERNMENT CODE SECTION 65913.4 EXEMPTION FROM THE C ALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the City of Hayward entered into a Purchase and Sale Agreement (PSA) with Caltrans in January 2016 to acquire 10 parcel groups comprised of properties acquired by Caltrans for the State Route 238 expansion project; and
WHEREAS, Caltrans granted the properties to the City in trust pursuant to State Route 238 Local Alternative Transportation Improvement Program (Government Code Sections 14528.6 and 14528.65); and
WHEREAS, Caltrans has transferred those properties to the City sub ject to the City managing the disposition and development of these former State Route 238 parcel groups with the goals of removing blight, enhancing community involvement in the development process, and creating economic and public benefits, such as job ge nerating uses and trails and parks; and
WHEREAS, as the City sells or transfers particular parcels, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the PSA; and
WHEREAS, under Government Code Section 54221(f)(1)(A) "exempt surplus land" is defined to include surplus land that is transferred pursuant to Government Code Section 37364; and
WHEREAS, under Government Code Section 37364, whenever a City determines that its property can be used for the provision of affordable housing to families of low or moderate income as defined in Health & Safety Code Section 50093, and that the use is in the City's best interest, the City may sell or otherwise convey the property under whatever terms and conditions it deems appropriate as long as at least 80% of the area of the property being disposed is used for the development of housing, and that at least 40% of the total housing
ATTACHMENT II
units are restricted to low and very low incomes as specified under Government C ode Section 37364(c-d); and
WHEREAS, at least 80% of the developable area of geographically clustered Parcel Group 8 will be used for the generation of housing, and at least 40% of the residential units will be affordable as specified under Government Code Section 37364(c-d); and WHEREAS, the production and rehabilitation of affordable housing in a comprehensive manner over Parcel Group 8 housing properties is in the best interest of the City as it allows the housing to be built in an expedient manner wi th project components that are nearly shovel ready and as it avoids detrimental impacts often associated with the concentration of poverty and provides the greatest economic, social, and education opportunities to all residents of Hayward regardless of income; and
WHEREAS, on February 8, 2022, the Council declared the Parcel Group 8 properties "exempt surplus land" because the land will be transferred to provide affordable housing pursuant to Government Code Section 37364, as the sale of these parcels for the generation of housing is in the City's best interest as set forth in adopted Resolution 22-037; and WHEREAS, on March 1, 2022, the State of California Housing and Community Development Department sent a letter to the City finding that Parcel Group 8 properties qualify as "exempt surplus land" under Government Code section 54221(f)(1), consistent with the City's adopted resolution 22-037; and
WHEREAS, on September 15, 2019, the Council authorized the City Manager to negotiate and enter into an Exclus ive Negotiating Rights Agreement (ENRA) with the proposed Resources for Community Development (RCD), the developer's predecessor in interest; and
WHEREAS, after significant due diligence and site planning efforts, RCD successfully completed the obligations under the ENRA and on June 28, 2022, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement for the development of a portion of the Parcel Group 8 parcels (the “Property”). RCD GP IV, LLC, a C alifornia limited liability company (the "Company") and Parcel Group 8, L.P., a California limited partnership (the "Partnership") (collectively, the “Developer”) and the City entered into a Disposition, Development and Loan Agreement (the “Original DDA”); and
WHEREAS, the Original DDA contemplated the City would convey the Property to the Company to enable the Partnership to: (1) acquire a leasehold interest in 1.54 acres of property which are located within the City of Hayward and is vacant land (the "City Housing Parcels"); (2) acquire a fee interest in approximately 0.82 acres which are located within unincorporated Alameda County, which contain existing improvements (the "County Housing Parcel"); (3) develop up to 96 units of multifamily rental affordable housing on the City Housing Parcels; and (4) rehabilitate the eleven (11) units of naturally occurring affordable housing located on the County Housing Parcel that will be available for occupancy by very low income households at an affordable rent; and
ATTACHMENT II
WHEREAS, in connection with the approval of the Original DDA, the City prepared a summary report called for under Government Code Section 52201 (the “Original Section 52201 Summary Report”), made the Original Section 52201 Summary Report available for public inspection and copying in compliance with Government Code Section 52201; and WHEREAS, on June 28, 2022, City Council conducted a duly noticed public hearing on the Original DDA and the Original 52201 Summary Report pursuant to Government Code Section 52201, for the purpose of receiving the input and comments of the public on the Original DDA and the Original 52201 Summary Report and determined that the sale of the Property pursuant to the Original DDA would create economic opportunity, create affordable housing and job creation and furth the public purpose of economic development in the City; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") and its implementing guidelines, the approval of the Original DDA and construction of the improvements contemplated by the Original DDA was eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and was therefore exempt from review pursuant to Public Reso urces Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects; and
WHEREAS, On February 20, 2024 the City Council authorized the first amendment to the DDA to extend the required close of escrow date from December 31, 2024 to December 31, 2026 and revising the number and size of units in the development plan; and
WHEREAS, as further outlined in the Staff Report accompanying this Resolution and incorporated into this Resolution by this reference (the “Staff Report”), in 2025 the Developer requested revisions to the Original DDA to provide for the following: (1) Eliminates the temporary relocation opt ion due to the expected extended length of displacements; (2)Gives eligible tenants priority placement on the future application lottery once the project is complete, (3) Increases moving incentives and assistance; and
WHEREAS, if approved, the City and Developer will enter into the Second Amendment to Disposition Development and Loan Agreement reflecting the above terms (the “First Amendment”); and
WHEREAS, the transfers contemplated under the Original DDA, as amended by the First and Second Amendment (collectively, the “DDA”), will further the public purpose of economic development creating jobs, and securing a site for future development of affordable housing in an area that has suffered from historic under development as a result of the proposed and now defunct freeway project, all of which serve the common benefit.
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED , that the City Council authorizes the City Manager or designee to execute the Second Amendment, and all ancillary documents attached thereto, on behalf of the City in substantial conformance to the terms outlined in the staff report, subject to such non -substantive or minor modifications or amendments as may be necessary to complete the transactions contemplated hereby, and subject further to the City Attorney's approval as to form.
BE IT FURTHER RESOLVED, that the City Manager or designee shall execute such other instruments, and take any and all other action, as may be reason ably necessary to complete the disposition and acquisition of the SR 2 38 Parcel Group 8 properties, and to close escrow on, as contemplated in the DDA.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the office of the City Clerk, at 777 B Street, Fourth Floor, Hayward, CA 94541.
BE IT FURTHER RESOLVED that this Resolution shall take immediate effect from and after its passage.
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 25-355
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Information Technology/CIO
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Tyler Technologies, Inc. to Add the Environmental Health Module to Energov Online Permitting in a Not-to-Exceed Amount of $520,000 Annually
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an amendment to the agreement with Tyler Technologies, Inc. to add the Environmental Health Module to Energov Online Permitting in a Not-to-Exceed Amount of $520,000 annually.
SUMMARY
On December 31, 2025, EnvisonConnect, the software currently in use by the Fire Department Hazardous Materials Program, will reach the end of its life and will no longer be supported. In anticipation of this date, staff undertook research to identify a comparable solution and determined the Environmental Health Module offered by Tyler Technologies Energov solution as the replacement. Staff recommend implementing the Environmental Health Module prior to the December 31, 2025 deadline and approval of this resolution will allow staff to begin working on this project to meet that deadline.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2025Page 1 of 1
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DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Information Technology/CIO
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Tyler Technologies, Inc. to Add the Environmental Health Module to Energov Online Permitting in a Not-to-Exceed Amount of $520,000 Annually
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an amendment to the agreement with Tyler Technologies, Inc. to add the Environmental Health Module to Energov Online Permitting in a Not-to-Exceed Amount of $520,000 annually.
SUMMARY
On December 31, 2025, EnvisonConnect, the software currently in use by the Fire Department Hazardous Materials Program, will reach the end of its life and will no longer be supported. In anticipation of this date, staff undertook research to identify a comparable solution and determined the Environmental Health Module offered by Tyler Technologies Energov solution as the replacement. Staff recommend implementing the Environmental Health Module prior to the December 31, 2025 deadline and approval of this resolution will allow staff to begin working on this project to meet that deadline.
BACKGROUND
Accela, the company which owns EnvisionConnect, has communicated to the City that this product will reach the end of its software life and that customers must migrate away from the platform by December 31st, 2025. When software reaches the end of life, no further software updates or features will become available and no technical support will be offered to fix current software issues or future security vulnerabilities. Given these circumstances and security risks associated with outdated software, identifying an alternative product in place of EnvisionConnect became a priority. The Hazardous Material Program, in partnership with the IT Department, researched alternative solutions and concluded that Tyler Technologies Environmental Health Module met the needs and requirements of the Fire Department.
DISCUSSION
The Environmental Health Module is an invaluable tool for environmental health management, offering a suite of features that streamline operations, ensure compliance, and enhance overall program effectiveness. Its comprehensive capabilities make it a crucial asset for any organization committed to maintaining and improving environmental health standards.
This section discusses key highlights of the software offering:
CLOUD-HOSTED: The Environmental Health Module is cloud-hosted within the Tyler Technologies Energov platform. Availability, reliabity, and security of their cloud offering and associated data satisfy the City’s cloud-first objective to ensure solutions are accessible from desktop and mobile devices.
FIELD MOBILITY: Staff can access this solution in the field in addition to their desktop or laptop computers. This allows for staff to conduct inspections and input data in the field allowing for increased responsiveness and productivity.
IMPROVED EFFICIENCY: Automates routine tasks to reduce manual data entry which frees up staff time for higher priority work.
ENHANCED COMPLIANCE: Ensures adherence to enviromental health regulations through comprehenisive monitoring and tracking tools.
FISCAL IMPACT
The approximate annual maintenance cost of the old solution, EnvisionConnect, is $8,000 per year. This is paid for by the Information Technology Department via their Internal Service Fund (ISF) which receives its funding from the General Fund. Adding the new solution will effectively eliminate this $8,000 cost from the Information Technology ISF fund each year and instead strategically align costs of the new solution with the Fire Department’s CIP funds as the Fire Department has oversight of this solution.
The proposed agreement includes the $32,000 annual cost of the new solution as well as a one-time professional services fee of approximately $84,000 for implementation. As part of the negotiation for this software offering, staff reduced the amount of hours needed for professional services and staff will continue to search for opportunities during implementation to further reduce those costs.
The table below outlines the higher costs in year one due to one-time professional services fees and shows the approximate fees in years two and three assuming a standard 5% annual maintenance fee increase. Staff will return to Council seeking approval in future years should annual fess combined exceed $520,000 annually. Funding for the additional fees for this new software offering have been allocated and approved in the Fire Department FY2026 CIP
budget as Project 06964 and funding for the main Energov application has and continues to be allocated from Development Services.
Year 1 Year 2 Year 3
Energov Maintenance $404,000 $424,000 $446,000
Environmental
Health Module
Maintenance
$32,000 $34,000 $35,000
Environmental
Health Module
Professional Services
$84,000 $0 $0
Total $520,000 $458,000 $481,000
The largest expenditure, Energov Maintenance, has been budgeted, approved, and allocated from the General Fund annually since 2020. As a result, the impact to future maintenance costs to the General Fund are planned and built into the budget. Furthermore, the one-time Environment Health Module Professional Services and Annual Maintenance increases are provided from current and future CIP funds which do not pose an increase to what is planned to be paid from the General Fund. Taken together, these costs do not represent an unplanned increase to General Fund expenditures as these costs have been planned for and built into the General Fund and CIP funds in current and future fiscal years.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Organizational Health.
Specifically, this item relates to the implementation of the following project:
Project R14: Ensure up to date technologies and processes
Staff is bringing forth this new item because of the need to continue Hazardous Materials Software for the Fire Department as the current product will no longer be supported as of December 31, 2025.
NEXT STEPS
If Council approves the attached resolution, staff will finalize the agreement with Tyler Technologies, Inc. and cause the agreement to be executed.
Prepared by: Nathaniel Roush, Acting CIO / Director of Information Technology
Recommended by: Nathaniel Roush, Acting CIO / Director of Information Technology
Approved by:
______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member ____________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TYLER
TECHNOLOGIES, INC TO ADD THE ENVIRONMENTAL HEALTH MODULE TO
ENERGOV ONLINE PERMITTING IN A NOT -TO-EXCEED AMOUNT OF $520,000 ANNUALLY
WHEREAS, Accela, is the provider of a Hazardous Materials software product currently in use by the City of Hayward Fire Department called EnvisionConnect; and
WHEREAS, Accela notified the City of Hayward that the EnvisionConnect software product will be reaching the end of its software life on December 31st, 2025; and
WHEREAS, The City of Hayward conducted research and identified a comparable solution offered by Tyler Technologies, Inc.; and
WHEREAS, the City desires to replace Accela EnvisionConnect with the Tyler Technologies, Inc. Environmental Health Module Hazardous Materials software product.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes and directs the City Manager to negotiate and execute an agreement with Tyler Technologies, Inc. to add the Environmental Health Module to Energov Online Permitting in a not-to-exceed amount of $520,000 annually, in a form approved by the City Attorney.
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 25-361
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Eden Youth and Family Center in a Not-to-Exceed Amount of $345,000 for Hayward Rides Program Support Services, Active Transportation Incentive and Promotion Program, Project No. 06937
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with Eden Youth and Family Center in the amount of $345,000 for Hayward Rides Program Support Services, as part of the Active Transportation Incentive and Promotion Program, Project No. 06937. Support services under this agreement will include bicycle procurement, outreach coordination, distribution, and data collection.
SUMMARY
The City has been awarded funding from the California Air Resource Board’s(CARB) Clean Mobility in Schools (CMIS) and Sustainable Transportation Equity Project (STEP) Grant Programs to implement Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward (Project). A core component of this effort is Hayward Rides, a program to distribute free bicycles to residents, with an emphasis on high school students and low-income families identified through community-based organizations, or by using other available data, to promote safe, affordable active transportation.
Following a competitive procurement process, staff recommends awarding a professional services agreement to Eden Youth and Family to support the Hayward Rides program.
The inaugural bike distribution event will be scheduled at a suitable City facility and coordinated with and through the City Manager’s office.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2025Page 1 of 2
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File #:CONS 25-361
CITY OF HAYWARD Printed on 8/14/2025Page 2 of 2
powered by Legistar™
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Eden Youth and Family C enter in a Not-to-Exceed Amount of $345,000 for Hayward Rides Program Support Services, Active Transportation Incentive and Promotion Program, Project No. 06937
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with Eden Youth and Family Center in the amount of $345,000 for Hayward Rides Program Support Services, as part of the Active Transportation Incentive and Promotion Program, Project No. 06937 . Support services under this agreement will include bicycle procurement, outreach coordination, distribution, and data collection.
SUMMARY
The City has been awarded funding from the Calif ornia Air Resource Board’s (CARB) Clean Mobility in Schools (CMIS) and Sustainable Transportation Equity Project (STEP) Grant Programs to implement Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward (Project). A core component of this effort is Hayward Rides, a program to distribute free bicycles to residents , with an emphasis on high school students and low -income families identified through community-based organizations, or by using other available data, to promote safe, affordable active transportation . Following a competitive procurement process, staff recommends awarding a professional services agreement to Eden Youth and Family to support the Hayward Rides program.
The inaugural bike distribution event will be scheduled at a suitable City facility and coordinated with and through the City Manager’s office.
BACKGROUND
On April 23, 2024 1, Council accepted a grant award from CARB’s CMIS and STEP programs to support Project Nos. 06937, Active Transportation Incentive and Promotion Program, and 06941, Safe Routes to School Implementation Project. The Active Transportation Incentive and Promotion Program includes funding for a large -scale bi cycle distribution program named Hayward Rides, which will provide bicycles, bike locks, bike helmets, and bike lights to residents free of charge to promote sustainable transportation.
On April 1, 2025, Council approved the selection of Trek Bike Castro Valley and Specialized Bicycle Components as the bicycle and bicycle safety equipment vendors.
DISCUSSION
Administering a large -scale bi cycle distribution program requires substantial logistical coordination, outreach, and planning. While the staff has successfully le d planning and procurement efforts to date, the complexity and scale of distributing approximately 2,000 bicycles requires dedicated staffing and community -based expertise. Most successful bike vouchers or giveaway programs are smaller or have relied on organizations to manage these efforts. Given the City’s limited in -house capacity and the need for cultural and linguistic accessibility, partnering with a trusted community organization is critical to ensuring program success and sustainabili ty. In the CARB grant application staff budgeted $360,000 for a consultant to manage the administration of the bike program.
On May 20, 2025, staff published a Request for Qualifications (RFQ) for support and management of parts of the Hayward Rides Program to provide logistics necessary for the scale of the program. Evaluation criteria for the qualifications included:
Organization is a community serving nonprofit (501(c)(3)) or similar organization Organizational experience and capacity
Project understanding
Staff received one proposal, from Eden Youth and Family Center. In partnership with Bike East Bay, Eden Youth and Family Center proposes a comprehensive, community -driven model to implement the Hayward Rides program. Their approach integrates youth leadership, bilingual outreach, and systems -level thinking to advance safer streets, reduce emissions, and support healthy, active life styles. Their scope includes coordinating bike distribution events, managing outreach and data collection, supporting bike procurement and logistics, and hosting ongoing bicycle maintenance clinics. Events will be multilingual and strategically located in priority neighborhoods to reduce barriers to access.
EYFC will also embed biking into broader youth wellness and community engagement efforts by co -hosting rides, facilitating culturally relevant bike culture events, and leveraging existing partnerships with local schools and community institutions. Maintenance activities
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6642374&GUID=011AC041-028D-4871-BBEC-5F6C655F83C6&Options=&Search=
will be integrated into youth workforce programs, and surveys will be conducted at regular intervals to assess transportation behavior, safety perceptions, and long-term impact.
As a su bconsultant to EYFC , Bike East Bay ’s role includes leading guided rides and maintenance workshops, launching a youth -focused “bike bus” program which will provide organized group bike rides to school for students and their families, supporting outreach for regional events like Bike to Wherever Day, and providing bike valet services at community gatherings which will give attendees a safe and convenient place to store their bike. Bike East Bay will co-create curriculum, train local volunteers, and coordinate special events.
EYFC’s original proposal was for $350,000 but was reduced to $345,000 to address an expense that would not be covered under the terms of the grant.
Due to their community relations in Hayward, proven capacity to e ngage priority communities, and their comprehensive, culturally responsive approach to program delivery, staff recommends awarding the contract to Eden Youth and Family Center and their subconsultant Bike East Bay.
ECONOMIC IMPACT
Hayward residents, including students and families, will benefit from receiving free bicycles as a cost -effective and sustainable alternative to traditional transportation options.
Transportation costs are a significant portion of expenses for many households and reducing these costs can free up resources for other, more productive expenditures.
FISCAL IMPACT
This item has no impact on the General Fund. The Active Transportation Incentive and Promotion Program Project 06937 is budgeted in Fund 460, Transportation System Improvement. The project was previously approved and allocated funding by Council, with only $3,500 in City funding included in the project to cover outreach and follow-up survey incentives for recipients that are not allowable under the CARB grant.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Confront Climate Crisis & Champion Environmental Justice and Invest in Infrastructure. Specifically, this project relates to the implementation of the following projects:
Confront Climate Crisis & Champion Environmental Justice
Project C6: Improve e-bike adoption through the creation of an e-bike rebate program and ensuring that electric transit infrastructure such as EV chargers also serve e-bike and not just electric cars.
SUSTAINABILITY FEATURES
The implementation of the project would encourage and incentivize walking and biking for the residents thereby contributing to the residents’ health and reducing automobile dependency and greenhouse gas emissions over time.
PUBLIC CONTACT
This project has included significant community outreach, being led by Teach Earth Action (TEA) and TransForm. TEA and Chabot College students have conducted over 1,000 interviews and surveys over the summer and fall semesters. TransForm is in the process of conducting outreach to students and families through the Hayward Unified School District.
The City is also conducting direct outreach to community organizations to help inform the design of the program, including the grant sub -recipients and other organizations that may be able to help implement the program. The City also presented findings to the Hayward Youth Commission and to the Neighborhood Health Empowerment Network of the Hayward Promise Neighborhoods initiative.
Robust public outreach and engagement will continue as the project moves forward. All necessary stakeholders and affected neighborhoods, agencies, community -based organizations and businesses will have opportunities for input and be done in a way that is equitable.
NEXT STEPS
If Council approves this request, the City Manager will award a professional service s agreement with Eden Youth and Family Center for bicycle procurement, outreach coordination, distribution, and data collection in the amount not-to-exceed $345,000 for Hayward Rides Program Support Services as part of the Active Transportation Incentive and Promotion Program.
The inaugural bike distribution event will be scheduled at a suitable City facility and coordinated with and through the City Manager’s office.
Prepared by: Colin Patterson, Associate Transportation Planner Byron Tang, Principal Transportation Engineer
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-
Introduced by Council Member ____________
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH EDEN YOUTH AND FAMILY CENTER FOR
HAYWARD RIDES PROGRAM SUPPORT SERVICES , ACTIVE
TRANSPORTATION INCENTIVE AND PR OMOTION PROGRAM, PROJECT NO. 06937, IN AN AMOUNT NOT TO EXCEED $345,000
WHEREAS, professional service assistance is needed for the Hayward Rides Program; and
WHEREAS, the City was awarded funding from the California Air Resources Board to implement the Active Transportation Incentive and Promotion Program, known as Hayward Rides, which will distribute free bicycles and related safety gear to Hayward residents with a focus on low income and historically underserved communities in Hayward; and
WHEREAS, on May 20, 2025, the City released a Request for Qualifications requesting proposals for Hayward Rides Program Support Services; and
WHEREAS, on June 13, 2025, one (1) proposal was received from Eden Youth and Family; and
WHEREAS, the proposed services meet all requirements listed in the Request for Qualifications and Eden Youth and Family Center have demonstrated to be qualified to deliver the sc ope of work and staff recomm ends awarding agreement to Eden Youth and Family Center; and
WHEREAS, the negotiated cost proposal is in the amount of $345,000.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a professional services agreement with Eden Youth and Family Center , for program support services in a not -to-exceed amount of $ 345,000, for Active Transportation Incentive and Promotion Program, Project No. 06937, in a form to be approved by the City Attorney.
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 25-362
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Awarding a Construction Contract to Rosas Brothers Construction, Inc., for the Fiscal Year 2025 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05340 in the Amount of $494,569.50, Approving $49,569 in Administrative Construction Contingencies, and Appropriating $351,000 in Measure B (Pedestrian and Bicycle) Fund 216
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) awarding a construction contract to the low bidder, Rosas Brothers Construction, Inc., (Rosas Brothers) in the amount of $494,569.50 for the FY25 Sidewalk Rehabilitation and Wheelchair Ramps Project in Districts 7 and 10, approving $49,569 in Administrative Construction Contingencies, and appropriating $351,000 in Measure B (Pedestrian and Bicycle) Fund 216.
SUMMARY
On July 29th, 2025, the City received nine (9) bids for the project ranging from $494,569.50 to $878,868.
Rosas Brothers of Oakland submitted the lowest bid of $494,569.50, which is 12.6% lower than the Engineer’sEstimate of $566,000. Spencon Construction of Danville submitted the second lowest bid in the amount of $496,344, which is 12.3 % lower than the Engineer’s Estimate. Staff are recommending that a construction contract be awarded to Rosas Brothers in the amount of $494,569.50.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III District Map
CITY OF HAYWARD Printed on 8/14/2025Page 1 of 1
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DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Awarding a Construction Contract to Rosas Brothers Construction, Inc., for the FY 25 Sidewalk Rehabilitation and Wheelchair Ramps Project , Project No. 053 40 in the Amount of $494,569.50, Approving $49,569 in Admin istrative Construction Contingenc ies, and Appropriating $351,000 in Measure B (Pedestrian and Bicycle) Fund 216
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) awarding a construction contract to the low bidder , Rosas Brothers Construction , Inc., (Rosas Brothers) in the amount of $494,569.50 for the FY25 Sidewalk Rehabilitation and Wheelchair Ramps Project in Districts 7 and 10, approving $49,569 in Administrative Construction Contingencies, and appropriating $351,000 in Measure B (Pedestrian and Bicycle) Fund 216.
SUMMARY
On July 29th, 2025, the City received nine (9) bids for the project ranging from $494,569.50 to $878,868. Rosas Brothers of Oakland submitted the lowest bid of $ 494,569.50, which is
12.6% lower than the Engineer’s Estimate of $566,000. Spencon Construction of Danville submitted the second lowest bid in the amount of $496,344, which is 12.3 % lower than the Engineer’s Estimate. Staff are recommending that a construction contract be awarded to Rosas Brothers in the amount of $494,569.50.
BACKGROUND
When the Sidewalk Rehabilitation Program (Program) was initiated, the City was divided into ten districts (Attachment III) to facilitate the selection of sidewalk areas for repairs over a ten-year cycle. Although significant progress was made during that first cycle, funding was inadequate to complete all the necessary sidewalk repairs in all ten districts. Because there has been significant progress on addressing repair backlogs, recent projects have included two districts. This year, the work will be performed in Districts 7 and 10.
The Program consists of two components; each is performed under a separate construction contract. The first component , beginning in September 2025 , will remove
tripping hazards from sidewalk displacements or offsets up to 1¾ inches. These hazards are removed by saw cutting or grinding each uplifted sidewalk panel across the width of the sidewalk to produce a smooth and uniform surface that meets Americans with Disabilities Act (ADA) slope requirements. Grinding or saw cutting up to 1¾ inches from a short segment of the typical 4” thick sidewalk section is less expensive and more cost effective than the removal and replacement of an entire sidewalk section.
The second component of the Sidewalk Rehabilitation Program, which is the subject of this report, removes and replaces all sidewalk displacements exceeding 1¾ inches with new concrete. In addition, it includes the repair of offset or raised concrete curb and gutter, tree trimming, root pruning of existing trees, and planting of new trees. In order to minimize damage to City Street trees and evaluate the health of any trees that may be impacted by the project, the contractor is required to retain an arbori st to examine each street tree adjacent to the work and inspect any root pruning that is part of the project.
DISCUSSION
This year’s Project will repair damaged sidewalks in the Tennyson Road South Area (District 7) and the Santa Clara Area (District 10). The project includes repair of approximately 7,000 square feet of damaged sidewalk , curb, and gutter s, installation of 17 new or upgraded wheelchair ramps in various locations, tree trimming, root pruning of existing trees , and planting of new trees. As part of the project, the contractor will retain an arborist to examine the condition of existing trees and inspect all root -pruning work. Based on the preliminary inspection, staff anticipate removing 2 trees and planting 24 new trees in various locations.
New trees will be planted where street trees are absent, where an existing tree must be removed due to disease or risk of falling, where extensive root pruning may compromise tree health, or where a more suitable tree speci es will minimize future maintenance efforts.
Seventeen new wheelchair ramps will also be installed or upgraded to bring wheelchair ramps into compliance with current ADA standards.
On July 29, 2025, nine (9) bids were received. The bids ranged from $494,569.50 to $878,868. The low bid was from Rosas Brothers of Oakland in the amount of $494,569.50, which is 12.6% lower than the Engineer’s Estimate of $566,000. Spencon Construction of Danville submitted the second lowest bid in the amount of $496,344, which is 12.3% lower than the Engineer’s Estimate.
All bid documents and licenses are in order. Staff recommends award of a construction contract to the lowest responsive bidder, Rosas Brothers of Oakland, in the amount of $494,569.50.
On November 15, 20161, the Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applied to City projects with construction costs of $1,000,000 or more. This
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search=
agreement requires contractor s to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for the FY2 5 Sidewalk Rehabilitation Project is less than $1,000,000, the CWA agreement does not apply to this project.
This project is categorically exempt for environmental review under the California Environmental Quality Act, Section 15301(c) that covers the operation, repair, maintenance or minor alteration of existing streets, sidewalks, and gutters.
ECONOMIC IMPACT
The project will have a positive impact on the community as it provides safer and mor e accessible sidewalks and ramps for ped estrians. Dividing the City into 10 districts allows staff to select and recommend districts to ensure the equitable distribution of this service to all City residents and businesses.
FISCAL IMPACT
The estimated project costs are as follows:
Contract Construction $494,569
Trip Hazard Removal (under a separate contract) $50,000 Design and Administration $75,000
Construction Survey, Inspection, and Testing $75,975
Administrative Change Orders $49,456
TOTAL $745,000
The adopted FY26 Capital Improvement Program (CIP) includes an original budget of $1,000,000 for the FY25 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05340, in the Street System Improvements Fund (Fund 450). Reimbursement from property owners for the sidewalk rehabilitation is estimated to be approximately $100,000. Since total project cost of $745,000 is less than the $1,000,000 budget, staff recommend returning the remaining amount of $255,000 to Fund 450 fund balance.
Available Funds in Measure B (Pedestrian and Bicycle) Fund 216 Upon closing the previous FY23 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05303, has approximately $351,000 fund balance in Measure B (Pedestrian and Bicycle) Fund 216. Measure B funds must be expend ed by June 30, 2026. Staff requests to transfer and appropriate the remaining available budget of $351,000 from Project No. 05303 to the FY25 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05340, in Fund 216. This further reduces the project budget in Fund 450 from $745,000 to $394,000, and returns an additional $351,000 to Fund 450 fund balance.
Revised funding source are as follows:
Street System Improvements Fund (Fund 450) $394,000
Measure B (Pedestrian and Bicycle) (Fund 216) $351,000
TOTAL $745,000
There is no General Fund impact.
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap priority to Invest In Infrastructure. It aligns with the implementation of the Invest in Multi -Modal Transportation goal by improving pedestrian mobility, which is a key component of a multi-modal network.
SUSTAINABILITY FEATURES
This project requires that all material generated during construction and demolition be sent to designated facilities for recycling. Recycled Port land Cement Concrete will be required for use as aggregate base for the concrete curb, gutter, and sidewalk. The improvements made to the sidewalks will encourage the public to walk more as opposed to driving their vehicles. This reduces both carbon emissions and carbon footprints, which is beneficial for the environment.
PUBLIC CONTACT
Owners of the affected properties have received certified letters regarding the Program. A response form was included to indicate whether they will complete the repairs themselves or pay a $550 fee (for single -family homes), or the actual repair cost (for commercial and investment properties) to have the City complete the work. Property owners have the option of paying the fee in one lump sum or in twelve monthly payments. The response form also includes a list of trees that an owner can choose from for a replacement tree. Before construction commences, a second notice will be sent to all property owners who did not respond to ensure they are aware of the program.
NEXT STEPS
The estimated schedule for this project is as follows:
Begin Construction September 29, 2025
Complete Construction December 19, 2025
Prepared by: Mir Ali, Assistant Civil Engineer
Dave Hung, Deputy Director of Public Works - Engineering
Recommended by: Alex Ameri, Director of Public Works
Approved by:
________________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 25-____
Introduced by Council Member _________
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ROSAS
BROTHERS CONSTRUCTION , INC., FOR THE FY25 SIDEWALK
REHABILITATION AND WHEELCHAIR RAMPS PROJECT NO. 05340 IN THE AMOUNT OF $494,569.50, APPROVING $49,569 IN ADMINISTRATIVE CONSTRUCTION CONTINGENCY, AND APPROPRIATING $351,000 IN MEASURE B (PEDESTRIAN AND BICYCLE) FUND 216
WHEREAS, by Resolution No. 25-096, on June 03, 2025, the City Council approved the plans and specifications for the FY 2025 Sidewalk Rehabilitation and Wheelchair Ramps, Project No. 05340 and called for bids to be received on July 29, 2025; and
WHEREAS, on July 29, 2025 , nine bids were received ranging from $ 494,569.50 to $878,868. Rosas Brothers Construction Inc. of Oakland, California, submitted the lowest bid in the amount of $ 494,569.50, which is 12.6% lower than the Engineer’s Estimate of $566,000; and
WHEREAS, FY23 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05303, has approximately $351,000 funds remaining in Measure B (Pedestrian and Bicycle) Fund 216.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Rosas Brothers Construction Inc. is the lowest responsible bidder whose bid complies with the specifications and is hereby awarded the construction contract for the Sidewalk Rehabilitation and Wheelchair Ramps FY25, Project No. 05340, for the amount of $494,569.50 in accordance with the aforementioned plans and specifications on file in the Office of the City Clerk of the City of Hayward. All other bids are hereby rejected.
BE IT FURTHER RESOLVED by the City Council that the expenditure of $49,569 for Administrative Construction Contingency is hereby authorized.
BE IT FURTHER RESOLVED by the City Council that the Director of Public Works is authorized to expend up to $745,000 for project design, construction, project administration, and contingency costs to complete the project.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract with Rosas Brothers Construction, Inc., in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.
BE IT FURTHER RESOLVED by the City Council that additional funds be appropriated in the amount of $351,000 from Sidewalk Rehabilitation and Wheelchair Ramps FY23, Project No. 05303 to Sidewalk Rehabilitation and Wheelchair Ramps FY25, Project No. 05340 in Measure B (Pedestrian and Bicycle) Fund 216.
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
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 25-037
DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Tree Preservation Ordinance: Introduce an Ordinance Amending the Hayward Municipal Code to Update Chapter 10 (Planning, Zoning and Subdivision), Article 15 (Tree Preservation Ordinance), Establishing New Regulatory Guidelines for the Designation, Removal and Mitigation of Protected Trees in the City of Hayward; Proposed Amendments to the 2026 Master Fee Schedule, and Finding the Proposed Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) of the CEQA Guidelines
RECOMMENDATION
That the City Council adopts the Resolutions (Attachments II and III) supporting the Amendments to Chapter 10, Article 15 of the Hayward Municipal Code and the 2026 Master Fee Schedule, and introduces an Ordinance (Attachment IV) amending the Hayward Municipal Code for the updates to the Tree Preservation Ordinance for the City of Hayward and finds the action categorically exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) of the CEQA Guidelines.
SUMMARY
Hayward Municipal Code Chapter 10, Article 15, (Tree Preservation Ordinance), contains guidelines for the preservation of existing trees and the process for removing, replacing, and mitigating the loss of trees covered by the Ordinance. A comprehensive update of the Ordinance, which was last amended in 2002, was included as Program NR-61 of the Natural Resources Element of the Hayward 2040 General Plan and listed as a Project (CP7) under Champion Climate Resilience and Environmental Justice, contained within the City Council’s Strategic Roadmap.
In May 2023, the City hired Dudek to help prepare the proposed updates, complete a citywide Tree Canopy Survey and prepare landscaping guidelines for the Hayward Executive Airport. The proposed updates are based on best practices in the field of tree preservation and landscape architecture, and support the broader equity, environmental, and sustainability goals of the City.
Work sessions related to these updates were held with the Planning Commission on September 26, 2024, and February 27, 2025, and with the City Council on September 17, 2024, and March 18, 2025. During CITY OF HAYWARD Printed on 8/14/2025Page 1 of 2
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File #:PH 25-037
and February 27, 2025, and with the City Council on September 17, 2024, and March 18, 2025. During those meetings, the Planning Commission and City Council provided feedback on several key policies for inclusion in the Ordinance. Following the work sessions, staff and the consultant team revised the Ordinance and presented the updated Ordinance to the Planning Commission for their recommendation on June 12, 2025. The Commission voted unanimously to recommend approval of the proposed amendments. As proposed, the Ordinance proposes the following major updates, which are discussed in greater detail within the report:
· Protection of native trees in rear yards
· Establishment of a sliding scale for Tree Removal and Tree Pruning Permits · Added Heritage Tree designation, including new protection and removal guidelines · Added an in-lieu option to allow for off-site mitigation · Reduction of the permit duration from one year to three months · Added protection of nesting birds
· Added Permit Fee exemptions
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution TPO Update
Attachment III Resolution Master Fee Update
Attachment IV Ordinance
Attachment V Draft Tree Ordinance Appendix
CITY OF HAYWARD Printed on 8/14/2025Page 2 of 2
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DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: Tree Preservation Ordinance: Introduce an Ordinance Amending the Hayward Municipal Code to update Chapter 10 (Planning, Zoning and Subdivision), Article 15 (Tree Preservation Ordinance), Establishing New Regulatory Guidelines for the Designation, Removal and Mitigation of Protected Trees in the City of Hayward; Proposed Amendments to the 2026 Master Fee Schedule, and Finding the Proposed Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) of the CEQA Guidelines
RECOMMENDATION
That the City Council adopts the Resolution s (Attachments II and III) supporting the Amendments to Chapter 10, Article 15 of the Hayward Municipal Code and the 2026 Master Fee Schedule, and introduces an Ordinance (Attachment IV) amending the Hayward Municipal Code for the updates to the Tree Preservation Ordinance for the City of Hayward and finds the action categorically exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) of the CEQA Guidelines.
SUMMARY
Hayward Municipal Code Chapter 10, Article 15, (Tree Preservation Ordinance), contains guidelines for the preservation of existing trees and the process for removing, replacing, and mitigating the loss of trees covered by the Ordinance. A comprehensive update of the Ordinance, which was last amended in 2002, was included as Program NR-61 of the Natural Resources Element of the Hayward 2040 General Plan and listed as a Project (CP7) under Champion Climate Resilience and Environmental Justice, contained within the City Council’s Strategic Roadmap.
In May 2023, the City hired Dudek to help prepare the proposed updates, complete a citywide Tree Canopy Survey and prepare landscaping guidelines for the Hayward Executive Airport.
The proposed updates are based on best practices in the field of tree preservation and landscape architecture, and support the broader equity, environmental, and sustainability goals of the City.
Work sessions related to these updates were held with the Planning Commission on September 26, 2024, and February 27, 2025, and with the City Council on September 17, 2024, and March 18, 2025. During those meetings, the Planning Commission and City Council provided feedback on several key policies for inclusion in the Ordinance. Following the work sessions, staff and the consultant team revised the Ordinance and presented the updated Ordinance to the Planning Commission for their recommendation on June 12, 2025. The Commission voted unanimously to recommend approval of the proposed amendments. As proposed, the Ordinance proposes the following major updates, which are discussed in greater detail within the report:
Protection of native trees in rear yards
Establishment of a sliding scale for Tree Removal and Tree Pruning Permits Added Heritage Tree designation, including new protection and removal guidelines Added an in-lieu option to allow for off-site mitigation Reduction of the permit duration from one year to three months Added protection of nesting birds
Added Permit Fee exemptions.
BACKGROUND
The City of Hayward adopted a Tree Preservation Ordinance in the late 1950s, establishing a need to classify and preserve significant trees based on size and species. The Ordinance was updated in 1971 and again in 2002. The updates ranged from minor amendments to more significant policy changes, with the most substantial updates occurring in 2002.
Since the last update in 2002, the City’s population has grown significantly leading to a higher demand for additional housing and non-residential development. To address the housing crisis in California, the State has enacted new legislation intended to streamline development review processes and spur new housing construction. These new laws required changes and updates to the City’s General Plan1, Zoning Ordinance, and related development standards to allow for by right higher-density developments. However, many projects located on infill sites require the removal of existing mature trees and a reduction in the amount of landscape ar ea to accommodate the new development. These site constraints limit an applicant’s ability to mitigate tree removals on the development site as required by the current Ordinance thus requiring flexibility and alternatives for compliance with the Ordinance. In addition to updates to the Hayward Municipal Code, the project includes the following:
A comprehensive review of the City’s existing Tree Preservation Ordinance, and Zoning Ordinance to reflect best practices;
An update to the landscape design guidelines for projects near the Hayward Executive Airport to deter wildlife and ensure public safety within established FAA flight safety zones; and
Completion of a tree canopy survey, which mapped all trees located on public and private property, open space and natural resource areas, creek and riparian areas and golf courses. The survey established a baseline for current tree canopy citywide and help identify areas of Hayward that are currently underserved with canopy.
1 Hayward General Plan: https://www.hayward-ca.gov/2040-General-Plan
Since 2002, the State of California and City of Hayward have adopted several goals and policies that focus on sustainability and the reduction of greenhouse gas emissions associated with climate change and related environmental impacts. The State adopted Senate Bill 32 2 and Assembly Bill (AB) 323, known as the Global Warming Solutions Act of 2006, among other actions. Similarly, the City of Hayward adopted the Shoreline Adaptation Master Plan4 (2021) to combat sea-level rise; the Climate Action Plan5 (2009 and 2024) to reduce our carbon footprint and greenhouse gas emissions; amend ed the Hazards Element 6 to address extreme heat, drought, wildfire risk; and, adoption of an Environmental Justice Element7 (2024) to support public health for specified communities by addressing and regulating environmental pollutants. Additional analysis on the project’s consistency with goals and policies of the Hayward 2040 General Plan is discussed in greater detail below.
Planning Commission Work Sessions: On February 27, 20258, the Planning Commission held a work session to review the updated recommendations in the draft Ordinance. Overall, the Commission supported staff’s recommendations, including protecting native trees in rear yards on private property, incorporating criteria for Heritage trees, and establishing streamlined process for tree removal. The Commission also supported maintaining the appraised value method for mitigation in development projects, adding an in -lieu fee option that provides developers and property owners with more flexibility, and reducing the duration of Tree Removal Permits from one year to three months.
On June 12, 20259, the Planning Commission held a public hearing on proposed updates to the Tree Preservation Ordinance and Master Fee Schedule and voted unanimously (5 -0-2) to recommend City Council approval of the proposed Amendments. The Commission was supportive of the additional updates and recommended the City Council consider using a portion of the in -lieu fees to assist lower income ho useholds maintain and/or remove hazardous trees which would reduce the financial burden. Additionally, the Commission encouraged extensive community outreach once the Ordinance is adopted to further educate the public about the maintenance and benefits of trees.
City Council Work Session: On March 18, 202510 the City Council held a work session to provide feedback on several key policies for inclusion in the Ordinance. The City Council expressed support for the preservation requirements for native trees on private property; the addition of a heritage trees designation; establishing mitigation for the loss of tree canopy; and establishing an in -lieu fee option that could be available for off -site mitigation. The City Council recommended staff establish a single process for tree removal that would include the removal of Heritage Trees and suggested that hazardous trees, particularly Eucalyptus trees, be exempt from paying permit fees to incentivize their removal and reduce the financial impact to property owners. The City Council also requested staff develop educational tools which are
2 Senate Bill 32 (2006). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB32 3 California Air Resources Board AB32. https://ww2.arb.ca.gov/resources/fact-sheets/ab-32-global-warming-solutions-act-2006 4 Shoreline Adaptation Master Plan. https://www.hayward-ca.gov/shoreline-master-plan 5 Hayward Climate Action Plan webpage. https://www.hayward-ca.gov/services/city-services/climate-action 6 Hayward Hazards Element. https://www.hayward-ca.gov/your-government/documents/general-plan/hazards-element 7 Hayward Environmental Justice Element. https://www.hayward-ca.gov/your-government/documents/general-plan/environmental-justice-element 8 February 27, 2025, Planning Commission. https://hayward.legistar.com/LegislationDetail.aspx?ID=7144907&GUID=EF1C4184-0B58-4063-BA9B-AE356365A42D&Options=&Search= 9 June 12, 2025 Planning Commission: https://hayward.legistar.com/LegislationDetail.aspx?ID=7425135&GUID=6CCDD66A-7059-4A5F-AF1D-0BABB69FFDC3&Options=&Search= 10 March 18, 2025. City Council. https://hayward.legistar.com/LegislationDetail.aspx?ID=7261915&GUID=677AEEF3-B9E6-49C0-8AB4-F13AB8CA7C44&Options=&Search=
intuitive and easy to understand and create a webpage where all the information and guiding documents would be available for community access.
DISCUSSION
The project includes the removal and replacement of Chapter 10, Article 15 (Tree Preservation Ordinance)11 as well as updates to the 2026 Master Fee Schedule12 to reflect a new regulatory framework for the designation, removal, and mitigation of protected trees in Hayward.
Additional analysis on the proposed amendments are discussed in detail below.
Protected Native Trees on Private Property. Staff recommends that all native trees on private property be classified as protected trees. Native trees in rear yards generally make up a small portion of trees on private property, but their positive impact on the environment far surpasses non-native trees by providing mature shade canopies, habitat to support native wildlife, and require minimal water use and maintenance. For the purposes of this Ordinance, “native” trees are defined as those trees that grow naturally (minimal water, non-invasive) within Hayward.
Protecting native trees on private property ensures that the removal of a native tree is mitigated with the planting of new native trees as well as providing oversight and preservation when native trees require pruning. Details of proposed changes are described below:
Tree Removal Permit. A Tree Removal Permit would be required to remove a protected native tree on private property but instead of requiring an arborist report and requiring mitigation based on the overall appraised value, a two-to-one mitigation requirement with 24” box trees and ongoing maintenance until the tree is established would be required. The current fee for a Tree Removal Permit is $587 and the planting of (2) 24” box replacement trees is valued at approximately $1,000. This proposed mitigation would reduce the overall cost to property owners and reduce the amount of administrative review required by staff. For requests to remove three or more native trees, staff proposes to maintain the current method of mitigation, which is based on the appraised value of the trees. While this approach may discourage the removal of multiple native trees on a property, it would provide additional flexibility to applicants wanting to remove only one or two trees.
Tree Removal Permit Fee. As part of the Ordinance update, staff is proposing a sliding scale for Tree Removal Permits, which is based on the number of trees proposed for removal. Based on review of previously approved Tree Removal Permits over the past few years, a majority of property owners would see a reduction in the permit fee, while the larger projects removing multiple tree s would be revised to a deposit-based approach which would be charged hourly based on time and materials. Currently, the Tree Removal Permit is a fixed rate of $490, regardless of the number of trees removed.
Staff also proposed that the permit fee be waived if the applicant can demonstrate the tree is dead or dying or can provide evidence that the tree poses an eminent danger to health, life, safety, or property. Applicants would still be required to submit a permit application to ensure the loss of the t ree is tracked and mitigated, but no permit fee would be assessed for these exceptions. Staff believes this revision would provide a
11 Tree Preservation Ordinance: https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART15TRPR 12 FY26 Master Fee Schedule: https://www.hayward-ca.gov/sites/default/files/pdf/Adopted-FY-2026-Master-Fee-Schedule.pdf
more equitable solution and reduce the overall financial burden on property owners. A summary of the proposed fee structure is shown below.
Tree Removal Pemit Sliding Scale Fee
Number of Trees Staff Time Proposed Permit Fee ($196/hourly rate) 2 or less 1-3 hours $392 covers 2 hours of staff time 3 to 5 2.5 hours $768 covers 4 hours of staff time
6 to 8 4-6 hours $960 covers 5 hours of staff time
9 or more $1000 deposit + time and materials
Heritage Tree $1000 deposit + time and materials
Tree Pruning Permit. In addition to changes to the Tree Removal Permit fee, staff proposes to retain the current Tree Pruning Permit requirement but recommends the permit fee be reduced and scaled, commensurate with the amount of staff time needed to review such permits. Currently, the Tree Pruning Permit fee is $490, with an Annual Pruning Fee of $817. Historically, the City has not received many applications for Tree Pruning Permits and believes that reducing the financial burden to homeowners will help incentivize compliance and allow the City to better monitor and anticipate tree maintenance schedules. Tree Pruning Permits are an important way to verify that any pruning activities are reviewed by a certified arborist to ensure the tree(s) continue to remain healthy and undamaged. A summary of the proposed Tree Pruning Permit fee is shown below.
Tree Pruning Pemit Fee
Number of Trees Staff Time Proposed Permit Fee ($196/hourly rate) 2 or less 1 hour avg. $196 covers 1 hours of staff time 3 or more 3 hours avg. $588 covers 3 hours of staff time Heritage Tree 2 hours avg. $392 covers 2 hours of staff time
Annual Pruning Permit Fee
One-time fee for certified tree pruning companies $817
Heritage Trees Designation and Removals . For trees that are well established and provide significant benefit to the Hayward community, staff has added Heritage Trees to the draft Ordinance. To be considered a Heritage Tree, at least two of the following criteria be met :
a. Native Tree: The tree is a native species of Hayward, as listed in Section 10-15.14(1). b. Provides Essential Habitat: The tree currently or commonly provides habitat for any state or federally listed endangered or threatened species. Note that such trees may be protected through other local, state, or federal regulations. c. Horticulture Significance: The tree is rare or significant in the horticultural development of Hayward.
d. Historical or Cultural Significance: The tree has a documented historical or cultural connection to the City of Hayward including original plantings or coincides with historical events in the City.
In addition to defining a Heritage Tree, staff proposes that the removal of a Heritage Tree be subject to the current Site Plan Review process, which requires public notice but does not
necessarily require a public hearing. Staff believes this approach would allow the public an opportunity to comment on the potential removal of more significant trees and provide a framework for stakeholders to appeal a decision to the highest approving body, if necessary.
Similar to other discretionary reviews, staff proposes specific findings be made for the removal of Heritage Trees, which are reflected in Section 10-15.22 of the draft Ordinance.
In addition, staff added a list of considerations (cited in Section 10-15.23) when removing a Heritage Tree to provide additional guidance to decision makers when reviewing the request.
Specifically, a Heritage tree may be approved only if the reviewing body finds the burden to the Applicant in preserving the tree outweighs the benefit to the public. In making the foregoing determinations, staff has added the following factors:
1. All the benefits provided by the Heritage Tree.
2. The contribution of the tree to the character of the site, local ecology, and the neighborhood.
3. Species, health condition and value of the tree.
4. Whether the tree is part of an important grove of trees.
5. The visibility of the tree to the neighborhood and the public.
6. Whether the development provides a public benefit.
7. Whether measures short of removing the tree can be employed consistently with the development.
Mitigation for Development Projects. For development projects that require removal of protected or native trees, staff proposes maintaining the current appraised value method when determining the amount of mitigation required. Maintaining the appraised value of the removed trees as the primary mitigation method eliminates the confusion of having two metrics, while providing the option and flexibility for staff to collaborate with developers to ensure maximum tree canopy is considered and included in the project design.
In Lieu Fees. As part of the Tree Preservation Ordinance update, staff has added an option to pay an in-lieu fee to provide additional flexibility to applicants when the total appraised value of removed trees cannot be mitigated on site due to limited space. Specifically, staff proposes the amount of the in -lieu fee be 125% of the appraised value, minus any trees proposed to be mitigated onsite. While the proposed in -lieu fee would exceed the value of the trees to be removed, the additional 25% assessment would cover staff time to purchase and install the trees, in addition to covering the on -going maintenance costs during the first two years following planting.
While the specific use of in -lieu fees have yet to be determined, the funds could be used for planting and maintenance of new native trees in underserved areas of the City, provide limited support for pruning of native trees on private property to reduce the financial burden to qualified low -income households, and/or allocated to local non -profit organizations that support the City’s efforts towards tree plantings at City events.
Tree Removal Penalty. The current penalty for removing a protected tree without obtaining a Tree Removal Permit is twice the amount of the Tree Removal Permit fee, as reflected in the Master Fee Schedule ($490 in FY 2025-26). In addition to the financial penalty, the applicant or
property owner would be required to mitigate the loss of that tree, similar to the mitigation requirement for other Tree Removal Permits. Staff recommends keeping the current penalty for removal of trees in place except that mitigation for the lost tree(s) would follow the updated guidelines and reflect a sliding scale, consistent with the updated permit fee structure.
Permit Duration. Currently, Tree Removal Permits are valid for one year, which has posed administrative and enforcement challenges for staff working to track and mitigate the loss of the tree(s). As such, staff proposes to reduce the permit duration from one year to three months, with an additional three -month extension available upon request. Reducing the permit duration incentivizes applicants to remove unhealthy trees in a timely manner, and to minimize any public safety or property risks while ensuring any replacement trees are planted more quickly.
Miscellaneous Updates. In addition to the recommendations listed above, staff has added the following provisions to ensure the draft Ordinance is consistent with State and local regulations and provide additional clarity to applicants as they proceed through the permitting process:
Add Section 10 -15.16, which protects migratory and nesting birds , as required by Federal and State Law.
Add Section 10-15.18, which codifies many of the tree preservation and protection techniques that get added to construction and development projects. Currently staff includes these techniques as condition s of approval for development projects at the entitlement stage but adding this to the Municipal Code ensure that any activity, regardless of planning entitlement, is consistently applied. Add S ection 10 -15.20, which establishes a list of r estricted activities that could inadvertently harm or damage tree(s).
Add Section 10-15.26 to provide a list of Exemptions that allow applicants to remove trees that are dying or dead, considered hazardous or conflict with FAA safety guidelines around the Hayward Executive Airport without having to pay a permit fee.
Tree Protection Ordinance Appendix. As part of the update to the Tree Preservation Ordinance, staff is also preparing a companion Appendix document (Attachment V), which will contain the following information:
Protected Native Tree List and Photos
Recommended Tree List and Photos
Invasive Tree List and Photos
Airport Airspace Plan
Airport Plant List
Proper Planting and Trimming Handout
Benefits of Trees Handout
Tree Removal Permit Process Handout
Heritage Tree Check List
List of Local Arborist and Tree Removal Companies
The information contained within this Appendix can be easily updated and adjusted over time without necessitating a future Ordinance amendment, which provides staff flexibility to revise, as needed, to reflect best practices. The Appendix will be available on -line as part of a new guiding document web page for applicant and community access. An example of a similar on- line webpage can be found on the County of San Mateo’s web site 13.
Hayward 2040 General Plan. The Hayward 2040 General Plan14 is a comprehensive document outlining the city's long-term vision for growth and development over the next 26 years. The General Plan serves as a roadmap for the city, guiding land use, economic development, community health, and other key areas. The proposed text amendments and updates to the Tree Preservation Ordinance are consistent with several goals and policies of the General Plan including the following:
U-1.8: Green Building & Landscaping Requirements . The City shall maintain and implement green building and landscaping requirements for private - and public sector development to reduce the use of energy, water, and natural resources. LU-4.11: Streetscape Enhancements . The City shall strive to improve the visual character of corridors by improving streetscapes with landscaped medians, and widened sidewalks that are improved with street trees, pedestrian -scale lighting, underground utilities, landscaping, and streetscape furniture and amenities. HQL-8.1: Manage and Enhance Urban Forest . The City shall manage and enhance the urban forest by planting new trees, ensuring that new developments have sufficient right-of-way width for tree plantings, managing and caring for all publicly owned trees, and working to retain healthy trees.
HQL-8.3: Trees of Significance . The City shall require the retention of trees of significance (such as heritage trees) by promoting stewardship and ensuring that project design provides for the retention of these trees wherever possible. Where tree removal cannot be avoided, the City shall require tree replacement or suitable mitigation.
HQL-8.4: Urban Heat Island Effects . The City shall promote planting shade trees with substantial canopies, and require, where feasible, site design that uses appropriate tree species to shade parking lots, streets, and other facilities to reduce heat is land effects.
HQL-10.8: Drought Tolerant Landscaping. The City shall encourage the use of drought- tolerant and drought-resistant landscaping, as well as low impact development (LID) technologies in the development of City parks.
CS-3.7: Removal of Fire Hazards. The City shall maintain code enforcement programs that require private and public property owners to minimize fire risks by removing excessive or overgrown vegetation (e.g., trees, shrubs, weeds). NR-1.7: Native Tree Protection. The City shall encourage protection of mature, native tree species to the maximum extent practicable, to support the local eco -system, provide shade, create windbreaks, and enhance the aesthetics of new and existing development.
NR-4.12: Urban Forestry. The City shall encourag e the planting of native and diverse
13 County of San Mateo Guiding Document Webpage. https://www.smcgov.org/planning/tree-pruning-and-removal-permit and https://sanmateocountytrees.org/ 14 Hayward General Plan: https://www.hayward-ca.gov/2040-general-plan
tree species to reduce heat island effect, reduce energy consumption, and contribute to carbon mitigation.
NR-6.15: Native Vegetation Planting . The City shall encourage private property owners to plant native or drought-tolerant vegetation in order to preserve the visual character of the area and reduce the need for toxic sprays and groundwater supplements.
EJ-5.4: Tree Canopy . Support active transportation by preserving existing and increasing tree canopy through implementation of an expanded urban greening initiative.
Zoning Ordinance. Per Section 10-1.343015 of the Hayward Municipal Code, amendments to the Zoning Ordinance are required to meet the findings in order to receive approval from the City Council. The City Council may approve, modify or deny a text amendment when all the following findings are made:
1. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward;
2. The proposed change is in conformance with all applicable, officially adopted policies and plans;
3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; and
4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.
As proposed, staff believes the City Council can make the required findings to approve the proposed amendments pursuant to the staff analysis contained in Attachment II.
ENVIRONMENTAL REVIEW
The proposed Amendments to the City’s Tree Preservation Ordinance and related updates to the Master Fee Schedule are categorically exempt from the California Environmental Quality Act (CEQA) per Section 15307 (Class 7) and 15308 (Class 8) of the CEQA Guidelines. This project consists of the adoption of a new Tree Preservation Ordinance, which replaces the City’s prior Tree Preservation Ordinance. As detailed below, the proposed Text Amendments are consistent with the Categorical Exemptions of the State CEQA Guidelines, based on the following:
15307 (Class 7). Actions By Regulatory Agencies for Protection of Natural Resources:
State CEQA Guidelines Section 15307 states that Categorical Exemption “Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption.”
15 Zoning Ordinance Amendments: https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.3400AM_S10-
1.3430CICOPR
15308 (Class 8). Actions By Regulatory Agencies for Protection of The Environment:
State CEQA Guidelines Section 15308 states that Categorical Exemption “Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption.”
Class 7 and Class 8 Categorical Exemptions apply to the project because adoption of the updated Tree Preservation Ordinance represents action taken by a regulatory agency to maintain and enhance natural resources (trees) and the environment and to establis h procedures for environmental protection. Moreover, the project strengthens standards for environmental protection compared to Hayward’s prior Tree Preservation Ordinance and does not broadly authorize any specific tree maintenance or removal activities or issuance of permits for such activities previously prohibited by the prior ordinances.
SUSTAINABILITY FEATURES
Preserving trees is essential for supporting sustainability because trees play a critical role in maintaining ecological balance and combating climate change. They absorb carbon dioxide from the atmosphere, helping to reduce greenhouse gas levels. Trees also improve air quality by filtering pollutants and releasing oxygen, while their root systems prevent soil erosion and promote water retention, which is vital for healthy ecosystems and agriculture.
Beyond environmental benefits, trees support biodiversity by providing habitats for countless plant and animal species. They also contribute to human well -being by offering natural resources, such as food and medicine, and by supporting livelihoods through sustainable forestry and eco-tourism.
ECONOMIC IMPACT
Updating a City’s Tree Preservation Ordinance can lead to long -term economic benefits in Hayward by increasing property values, reducing infrastructure and energy costs, and supporting local jobs in landscaping and urban forestry. Well-maintained tree cover can also attract businesses and tourism by enhancing the visual appeal , quality of life, and livability around the area. While the updated regulations may result in short-term costs for developers and homeowners due to added permitting, mitigation, and tree maintenance requirements, staff believes the proposed Ordinance is well-balanced, supporting sustainable economic growth while preserving valuable natural assets within the City.
FISCAL IMPACT
No fiscal impact to the City’s General Fund is anticipated with the update to the Tree Preservation Ordinance. Additional staff resources may be needed to implement the protection of native trees on private property as well as planting, pruning and routine maintenance on City owned properties, including street trees.
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap16 priorities to confront Climate Crisis and Champion Environmental Justice.
CP7: Update the Tree Preservation Ordinance
PUBLIC CONTACT
Public outreach efforts on the updates to the Tree Preservation Ordinance entailed a series of targeted focus group meetings, an online survey, face-to-face interviews, and development of a project webpage to solicit public feedback and provide regular project updates. Additional details on the specific public outreach efforts are provided below:
Targeted Focus Group Meetings. To ensure the updated Ordinance reflects the priorities of those who live and work in Hayward, an online survey was distributed to various Focus Groups for input and feedback. The Focus Groups included Developers, Landscape Architects, Arborists, Environmental Groups, Homeowner Associations, Mobile Home Parks, Neighborhood Groups, and other stakeholders, including PG&E and HARD . Additionally, staff met with internal stakeholders from Planning, Code Enforcement, Building, Engineering, Utilities and Environmental Services, Transportation, Landscape Maintenance, and the Hayward Executive Airport to discuss the potential impacts and components of the updated Ordinance. Each Focus Group was given two weeks to complete the survey and was invited to a follow -up meeting, which highlighted the issues and opportunities that each g roup was interested in. The summarized feedback received from all the Focus Groups was to provide more flexibility with mitigating tree removals, update inconsistencies or ambiguities in the current Ordinance, establish a more equitable fee structure that fluctuates depending on the number of trees to be removed, and establish policies that support habitats for wildlife and migratory birds.
Public Events. In October 2023, staff attended a series of public events, including the Hayward Farmers Market and the Trunk-or-Treat event, to promote the Tree Preservation Ordinance.
Staff discussed the project with interested parties and encouraged residents to complete an online survey as well as participate in a hands-on activity to share their views on the benefits of trees in an urban environment. Staff also conducted face -to-face interviews with stakeholders interested in taking the survey but unable to take the survey online. Postcards provided in English, Spanish and Mandarin included a QR code linking to the Tree Preservation Ordinance update webpage.
Project Webpage. In early October 2023, staff launched a webpage17 that provides the public regular project updates and information related to the status of the Tree Preservation Ordinance update. The webpage also contains staff contact information, highlights key project
16 Strategic Roadmap FY25: https://www.hayward-ca.gov/sites/default/files/FY25%20Strategic%20Roadmap%20for%20Adoption.pdf 17 Hayward Tree Preservation Ordinance Update Webpage. https://www.hayward-ca.gov/your-government/departments/planning-division/tree-preservation-ordinance-update-project
milestones, and provides the community and stakeholders with the ability to submit public comments.
Online Survey. In addition to the Focus Group meetings, a broader public outreach effort took place through an online survey, which was developed to give the public an opportunity to provide feedback and identify their priorities with the Ordinance update. The survey was available in English, Spanish, Mandarin and other languages upon request and was open from October 20, 2023, to April 2, 2024, and a link was made available on the project webpage and featured in a Stack Extra article published in early November 2023.
The online survey received a total of 219 responses, and the highest priorities that the respondents ranked were improving the environment (air quality, water and pollution), providing shade and reducing the heat island effect in neighborhoods, and providing habitat for wildlife.
Stack Articles. In July 2025, an article was published in the Stack newsletter summarizing the updates to the draft Tree Preservation Ordinance and provided the public with information on how to review and comment on the draft.
Stakeholder Public Notices. On July 25 , 2025, public hearing notices were sent to 344 community members, stakeholders and interested parties who requested to be notified about the project and published in the East Bay Times. Notification included a link to the project web page where the updated draft ordinance can be reviewed and provided a project email address for comments by the community and stakeholders. To date, staff has not received any public comments following the publication of the hearing notices. Similar notices were also sent out for all prior Planning Commission and City Council meetings regarding the Ordinance update.
NEXT STEPS
If approved, the Ordinance will return to the City Council for a second reading on the consent calendar on August 26, 2025. If adopted at that meeting, the Ordinance will take effect 30 days thereafter, and the accompanying Resolution will take effect upon adoption of the Ordinance.
Following adoption, staff will focus on outreach to the community with an updated webpage, new brochures as well as outreach to local HOA’s and neighborhood groups to increase awareness of the updated requirements of the Tree Protection Ordinance.
Prepared by: Peter Jensen, Landscape Architect
Jeremy Lochirco, Planning Manager
Recommended by: Sara Buizer, AICP, Development Services Director
Approved by:
______________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO 25-____
Introduced by Council Member _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD MAKING FINDINGS IN SUPPORT OF AMENDMENTS TO CHAPTER 10, ARTICLE 15 (TREE PRESERVATION) OF THE HAYWARD MUNICIPAL CODE RELATING TO
GUIDELINES FOR PROTECTED TREES IN THE CITY OF HAYW ARD AND
FINDING THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT TO SECTION 15307 AND SECTION 15308 OF THE CEQA GUIDELINES
WHEREAS, trees bring numerous environmental , social and economic benefits including improved air quality, reduced stormwater runoff, reduc ed urban heat island effects, increased property values, reduced energy costs , and increased biodiversity and aesthetic appeal; and
WHEREAS, updates to the City’s Tree Preservation Ordinance are consistent with other plans and initiatives to mitigate environmental issues , including th e adoption of the Shoreline Adaptation Master Plan (2021) to combat sea -level rise; the Climate Action Pla n (2009 and 2024) to reduce the City’s carbon footprint and greenhouse gas emissions; amendments to the Hazards Element to address extreme heat, drought, wildfire risk and sea level rise; and, the adoption of an Environmental Justice Element (2024) in the Hayward 2040 General Plan to support public health for specified communities by addressing and regulating environmental pollutants; and
WHEREAS, the City Council’s Strategic Roadmap includes a priority to confront Climate Crisis and Champion Environmental Justice by pr oviding an Update to the Tree Preservation Ordinance (CP7); and
WHEREAS, at the direction of the City Council, staff prepared amendments to the City’s Municipal Code to establish a regulatory framework that helps the City identify, preserve, and protect existing trees in the City of Hayward; and
WHEREAS, the updates to the Tree Preservation Ordinance aligns with State and City sustainability policies that have been adopted since the last update to the Ordinance in 2002 and helps maintain and expand the City’s existing tree canopy; and,
WHEREAS, between January and May 2024, City staff held targeted outreach meetings with various community stakeholders, including Developers and loc al Homeowners Associations, to obtain feedback about the Ordinance; and
ATTACHMENT II
WHEREAS, on September 26, 2024, and February 27, 2025, the Planning Commission held work sessions to discuss several proposed policies and provide public feedback on the proposed updates to the Tree Preservation Ordinance; and,
WHEREAS, on September 17, 2024, and March 18, 2025, the City Council held work sessions to review recommendations and provide public feedback on the proposed updates to the Tree Preservation Ordinance; and
WHEREAS, on June 12, 202 5, the Planning Commission held a public hearing to review the proposed updates to the Tree Preservation Ordinance and recommended (5-0-2) the City Council approve the proposed Amendments; and
WHEREAS, on July 25, 2025, a Notice of Public Hearing was published in the manner required by law and the hearing was duly held by the City Council on August 19, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council hereby finds and determines that th e proposed Amendments to the City’s Municipal Code for updates to the Tree Preservation Ordinance are categorically exempt from the California Environmental Quality Act (CEQA) per Section 15307 (Class 7) and 15308 (Class 8) of the CEQA Guidelines. This project consists of the adoption of a new Tree Preservation Ordinance, which replaces the City’s prior Tree Preservation Ordinance. Class 7 and Class 8 Categorical Exemptions apply to the project because adoption of the updated Tree Preservation Ordinance represents action taken by a regulatory agency to maintain and enhance natural resources (trees) and the environment and to establish procedures for environmental protection. Moreover, the project strengthens standards for environmental protection compared to Hayward’s prior Tree Preservation Ordinance and does not broadly authorize any specific tree maintenance or removal activities or issuance of permits for such activities previously prohibited by the prior ordinances.
AMENDMENTS TO THE MUN ICIPAL CODE SECTION 10, ARTICLE 15 TREE PRESEVATION
ORDINANCE
1. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward;
The proposed Amendments to the Tree Preservation Ordinance will promote the public health, safety, con venience, and general welfare of the residents of Hayward by preserving the existing urban forest and guiding the planting of new trees. Trees have a positive impact on overall public health, by filtering pollutants and easing the heat island effect as well as having positive impacts on community welfare creating a sense of place. The protection of native trees maintains a large portion of the city’s
ATTACHMENT II
urban forest as well as reducing water demand. Street trees have been found to create safer streets and sl ow traffic also increasing the health, safety and welfare of the community.
2. The proposed change is in conformance with all applicable, officially adopted policies and plans;
The proposed Amendments to the Tree Preservation Ordinance are consistent with the goals and policies of Land Use (LU), Health and Quality of Life (HQL), Community Safety (CS), Natural Resources (NR) and Environmental Justice (EJ) Elements of the Hayward 2040 General Plan, including the following:
LU-1.8: Green Building & Landscaping Requirements . The City shall maintain and implement green building and landscaping requirements for private - and public - sector development to reduce the use of energy, water, and natural resources.
LU-4.11: Streetscape Enhancemen ts. The City shall strive to improve the visual character of corridors by improving streetscapes with landscaped medians, and widened sidewalks that are improved with street trees, pedestrian -scale lighting, underground utilities, landscaping, and streetscape furniture and amenities.
HQL-8.1: Manage and Enhance Urban Forest . The City shall manage and enhance the urban forest by planting new trees, ensuring that new developments have sufficient right-of-way width for tree plantings, managing and caring for all publicly o wned trees, and working to retain healthy trees.
HQL-8.3: Trees of Significance . The City shall require the retention of trees of significance (such as heritage trees) by promoting stewardship and ensuring that project design provides for the retention of these trees wherever possible. Where tree removal cannot be avoided, the City shall require tree replacement or suitable mitigation.
HQL-8.4: Urban Heat Island Effects . The City shall promote planting shade trees with substantial canopies, and require, wh ere feasible, site design that uses appropriate tree species to shade parking lots, streets, and other facilities to reduce heat island effects.
HQL-10.8: Drought Tolerant Landscaping. The City shall encourage the use of drought- tolerant and drought-resistant landscaping, as well as low impact development (LID) technologies in the development of City parks.
CS-3.7: Removal of Fire Hazards. The City shall maintain code enforcement programs that require private and public property owners to minimize fire risk s by removing excessive or overgrown vegetation (e.g., trees, shrubs, weeds).
NR-1.7: Native Tree Protection. The City shall encourage protection of mature, native tree species to the maximum extent practicable, to support the local eco -system, provide shade, create windbreaks, and enhance the aesthetics of new and existing development.
NR-4.12: Urban Forestry. The City shall encourage the planting of native and diverse tree species to reduce heat island effect, reduce energy consumption, and contribute to carbon mitigation.
ATTACHMENT II
NR-6.15: Native Vegetation Planting . The City shall encourage private property owners to plant native or drought-tolerant vegetation in order to preserve the visual character of the area and reduce the need for toxic sprays and ground water supplements.
EJ-5.4: Tree Canopy . Support active transportation by preserving existing and increasing tree canopy through implementation of an expanded urban greening initiative.
3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; and
Streets and public facilities that currently serve the City are not expected to be impacted by the amended Tree Preservation Ordinance. Much of the land use activities associated with the Tree Preservation Ordinance are consistent and compatible with the o ther land uses that are currently permitted or conditionally permitted in the zoning districts. No properties are proposed to be reclassified or rezoned with the proposed Amendments. As such, the streets and public facilities, both existing and proposed, would be supported by the updates to the ordinance.
4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.
No properties are proposed to be reclassified with the proposed Amendments to the Tree Preservation Ordinance. A beneficial effect will be achieved with the proposed revision, as it will clarify the guidelines for the protection and mitigation of existing trees, as well as creating a more streamlin ed and equitable permitting process for applicants.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA ______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
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 AMENDING THE CITY OF HAYWARD 2025-2026 FISCAL YEAR
MASTER FEE SCHEDULE FOR TREE REMOVAL AND TREE PRUNING PERMITS ASSOCIATED WITH AMENDMENTS TO CHAPTER 10, ARTICLE 15 OF THE
HAYWARD MUNICIPAL CODE RELATED TO UPDATES TO THE TREE
PRESERVATION ORDINANCE
WHEREAS, Section 15273 of the California Environmental Quality Act (CEQA) Guidelines states that CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purposes of:
1. Meeting operating expenses, including employee wage rates and fringe benefits;
2. Purchasing or leasing supplies, equipment, or materials;
3. Meeting financial reserve needs and requirements;
4. Obtaining funds necessary for capital projects necessary to maintain service within existing service areas; or
5. Obtaining funds necessary to maintain intra -city transfers as are authorized by City Charter; and
WHEREAS, the City Council finds and determines that this action is exempt from CEQA based on the foregoing provisions;
WHEREAS, in November 2010, California voters approved Proposition 26, which amended Article XIII C of the State constitution regarding the adoption of fees and taxes.
Proposition 26 seeks to assure that taxes, which must be approved by the voters, are not disguised as fees, which can be approved by legislative bodies, such as a city council. The proposed amendment to the Master Fee Schedule (MFS) is compliant and would allow for the administration and inspections of trees proposed for removal, pruning or replacement to ensure protected trees are preserved and maintained in the City of Hayward , consistent with the appropriate findings and conditions established Tree Preservation Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby amends the Fiscal Year 2026 Master Fee Schedule to include updated fees and penalties associated with Tree Removal and Pruning Permits, as reflected in attached Exhibit “A”.
BE IT RESOLVED that this resolution shall become effective on the date that the companion Ordinance (Ordinance No. 25-___) becomes effective.
BE IT FURTHER RESOLVED that this action is determined to be exempt from CEQA review pursuant to Section 15273 of the California Environmental Quality Act (CEQA) Guidelines based on the findings stated herein.
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
Exhibit A
DEVELOPMENT SERVICES DEPARTMENT
C. PLANNING
35. Tree Preservation
a. Annual Pruning Certification $ 817
b. Tree Removal
a. Two or less
b. 3 to 5
c. 6 to 8
d. 9 or more
e. Heritage Tree
c. Tree Pruning
f. 2 or less
g. 3 or more
h. Heritage Tree
*A Minor Encroachment Permit may also be required
– See Engineering Services Section
$
$
$
$
$
$
$
$
392
768
960
$1000 deposit
$1000 deposit
196
588
392
d. Investigation and Violation Fee for work done without Permits (in addition to the regular permit fees)
$ 200% of Tree
Permit
Removal Fee
ATTACHMENT IV
ORDINANCE NO. 25- _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAYWARD AMENDING ARTICLE 15 (TREE PRESERVATION ORDINANCE) OF CHAPTER 10 (PLANNING, ZONING AND SUBDIVISIONS) REGARDING REGULATORY
GUIDELINES FOR THE DESIGNATION, REMOVAL AND MITIGATION OF
PROTECTED TREES IN THE CITY OF HAYWARD
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1 . Article 15 of Chapter 10 of the Hayward Municipal Code is hereby repealed in its entirety and replaced to read as follows:
ARTICLE 15
TREE PRESERVATION ORDINANCE
SECTION 10-15.10 PURPOSE AND INTENT.
This Ordinance is intended to protect and preserve trees and control the pruning, removal or relocation of those trees that provide benefits for the neighborhood or the entire community, while balancing private property rights and development.
It is the intent of the City of Hayward to regulate the removal of trees within urba nized areas, preserve native trees, maintain a healthy urban forest, and increase tree canopy across the City. The City will accomplish this intent through staff review of tree removal permit applications and the development review process. Consistent with these goals, it is the City’s intent that removed trees shall be replaced, and over time, urban areas deficient in trees will have greater tree canopy, and that replacement trees are drought tolerant and advance City goals.
SECTION 10-15.11 DEFINITIONS.
For the purposes herein, certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from their context a different meaning is intended.
“Applicant” shall mean the property owner applying to remove or prune a Protected Tree(s) on their own property, or their representative authorized upon written consent. “Certified Arborist” shall be as defined by the International Society of Arboriculture. It shall include a “Consulting Arborist” who sat isfied the requirements of the American Society of Consulting Arborists (ASCA) and who is determined by ASCA to meet the standards of Certified or Consulting Arborist as defined above.
“City Property” shall mean all property owned or leased directly by the City.
“Deadwood” shall mean the limbs, branches, or portion of a tree that contains no green leaves or live wood during a period of the year when green leaves should be present. “Development” shall mean any work upon commercial, industrial, single, or multi -unit residential properties in the City of Hayward requiring a discretionary or ministerial permit approval or issuance. Examples include (but are not limited to) subdivision, rezoning, variance, grading, landscaping subject to the California Water Efficient Landscape Ordinance, and building permits.
“Director” shall mean the Director of Development Services or their designee. “Dripline” shall mean all the area of ground underneath the tree to the outermost edge of any portion of the tree’s canopy. When depicted in plan view, the dripline will appear as an irregularly shaped circle that follows the outline of the tree's canopy as seen from above. “DSH” shall mean a tree’s diameter at standard height, which is measured at 54 inches (4.5 feet) above the ground surface. When measuring a multi -trunk tree, a tree’s DSH will be calculated by adding the diameters of the largest three trunks. “Emergency” means a sudden, serious, unexpected, and often dangerous situation requiring immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
“Encroachment” shall mean any intrusion of human activity into the protect ed zone of a Specimen or Protected tree. This includes, but is not limited to, pruning, grading, excavating, trenching, installation of fencing, parking vehicles, driving, storing materials or equipment, or construction of structures or other improvements. “Heritage Tree” shall mean a tree recognized by the City of Hayward to be an exceptional tree with a distinctly high level of value to the community as set forth in Section 10.15-19:
Memorial or Heritage Trees.
“International Society of Arboriculture (ISA )” shall mean a 501c (5) non -profit organization that promotes the professional practice of arboriculture through research, technology, and education. ISA produces the standards and best practices for arboriculture. The ISA certification is a voluntary pro gram that tests and certifies the achievement of a professional level of knowledge and skill in the field of arboriculture. “Memorial Tree ” shall mean any tree planted in memory of or in commemoration of an individual or individuals or a specific event and officially recognized by the City. “Native Tree” shall mean a non -introduced tree species that is adapted to and grows naturally in the habitats and environments of Alameda County and specifically Hayward, California.
“Parkway” shall mean the area of the street located in the right-of-way between the back of curb and the sidewalk that is typically planted or landscaped. “Person” shall mean any natural person, partnership, firm, corporation, governmental agency, or other legal entity.
“Pollard” shall mean to drastically trim a tree removing the majority of the branching structure so that all that remains are stubs of the main branches, which then are forced to put out new branches.
“Preserved Tree” shall mean an existing tree to be maintained on a development project. “Protected Tree ” shall mean a tree regulated by the City as set forth in Section 10 -15.14:
Protected Trees.
“Pruning” shall mean the selective removal, detaching or separating of any live limb, branch, or root over two inches in diameter fro m a protected tree. Pruning includes crown cleaning which is the removal of water sprouts, crossed limbs, or other unhealthy branching structure as designated by the ISA. Such removal shall not change the natural form of the tree, shall not consist of stubbing or heading back branches, and shall in no case consist of removing more of the total tree canopy than recommended under ISA standards. “Relocation” shall mean the transplanting of a tree from its original location to another suitable location.
“Removal” shall mean the physical removal of a tree, such as cutting to the ground or the extraction of a tree.
“Routine Maintenance” shall mean actions needed for the continued structural integrity of a tree including but not limited to, the removal of deadwood or storm damaged branches, light pruning to remove sucker growth or improve scaffolding when such pruning does not alter the natural form of the tree, and removal of branches less than two inches in diameter. “Street Tree” is a tree that is planted in th e right-of-way of a street and in accordance with Street Tree Ordinance. It is usually located in the planter strip between the curb and the sidewalk or in a median island or it lies within the front yard setback where no parkway is present.
“Topping” is t he removal of the main leader of a tree and a large portion of the major canopy limbs causing prolonged damage to the tree.
“Tree” shall mean any woody perennial plant characterized by having a single trunk or multi-trunk structure and belonging to a species that commonly grows to at least ten feet high at maturity.
“Tree Canopy” is the area of land shaded by tree leaves, branches, a nd stems when viewed from above.
“Tree Maintenance ” shall mean maintenance that is provided by the property owner to maintain the health and vigor of the tree and to address any diseases or hazards affecting the tree including but not limited to pruning, w atering, and mulching. The responsibility to maintain Protected trees is further defined by Section 10-15.15. “Tree Protection Zone (TPZ) ” shall mean the area located under the undisturbed canopy of the tree as described in “Dripline” and extending for an additional one (1) foot from the center point of the tree to beyond the farthest point of the dripline of the tree.
SECTION 10-15.12 APPLICATION OF ORDINANCE.
The Tree Preservation Ordinance is applicable to all Protected Trees within the City of Hayward, including protected native trees on private property.
SECTION 10-15.13 NON-LIABILITY OF CITY.
Nothing in this Article shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep Pr otected Trees upon the property and under their control in a safe and healthy condition.
SECTION 10-15.14 PROTECTED TREES.
The following trees shall be Protected Trees:
(1) Native Trees to the Hayward area of the following species that have a minimum diameter at standard height (DSH) of four (4) inches or greater:
a. Big leaf maple (Acer macrophyllum)
b. Box elder (Acer negundo)
c. California buckeye (Aesculus californica)
d. Pacific madrone (Arbutus menziesii)
e. California Black Walnut (Juglans hindsii)
f. California sycamore (Platanus racemosa)
g. Coast live oak (Quercus agrifolia)
h. Canyon live oak (Quercus chrysolepis)
i. Blue oak (Quercus douglasii)
j. Oregon white oak (Quercus garryana)
k. California black oak (Quercus kelloggii)
l. Valley oak (Quercus lobata)
m. Interior live oak (Quercus wislizenii)
n. Shining willow (Salix lasiandra)
o. Arroyo willow (Salix lasiolepis)
p. Sitka willow (Salix sitchensis)
q. California bay (Umbellularia californica)
(2) Non-Native Trees on commercial properties or in front yards of a residential property, excluding those listed as invasive species by the California Invasive Plant Council, having a minimum DSH of eight (8) inches or greater. (3) Street Trees.
(4) Memorial Trees recognized by the City.
(5) Heritage Trees as defined by Section 10-15.19.
(6) Replacement trees that were planted for previously removed Protected Trees. (7) Any tree shown to be preserved on an approved final map, development plan, building permit plan, site plan or required to be retained as a condition of approval or environmental mitigation measure.
(8) Trees required as a condition of approval or other Zoning requirement. (9) Coast Redwoods (Sequoia Sempervirens) greater than 36” DSH.
SECTION 10-15.15 PRESERVATION OF PROTECTED TREES.
Any Person who owns, controls, or has custody of any real property within the City shall maintain all Protected Trees located thereon in a state of good health. This includes parcels designated as permanent open space or for recreational purposes. A tree in good health is a tree that exhibits strong growth, vitality, and resilience against environmental stress, pests and disea ses. Failure to maintain said trees in a state of good health will constitute a violation of this section.
SECTION 10-15.16 NESTING BIRDS.
All tree work shall comply with the Federal Migratory Bird Treaty Act as well as California Fish and Wildlife Code Sections 3503-3513, as amended, to not disturb nesting birds. To the extent feasible tree pruning and removal should be scheduled outside of the breeding season from February to August. A nesting bird survey shall be conducted prior to performing any sitewo rk during the nesting season. A qualified biologist shall be involved in establishing work buffers for active nests. Work within one quarter mile (1,320 feet) of the San Francisco Bay tidal marsh will only be permitted from September to February.
SECTION 10-15.17 REQUIRED STREET TREES FOR DEVELOPMENT PROJECTS.
For new development projects, including but not limited to subdivisions, one street tree is required for every 30 -foot length of street frontage of a property taking into account site conditions including utilities and driveways. The tree species to be planted are to be reviewed and approved by the City using the following required tree sizes:
• For residential properties: 24” box tree
• For commercial properties: 36” box tree
SECTION 10-15.18 REQUIRED TREE PROTECTIONS FOR CONSTRUCTION AND DEVELOPMENT PROJECTS.
All tree work conducted associated with a development project, including but not limited to pruning, tree removal, grading or work within the Tree Protection Zone, or the application of fertilizer or other soil amendments, must adhere to the following:
(1) A tree protection plan shall be included in all plan sets submitted to the City including but not limited to grading plans, final maps and building permit plans. (2) Practices must be c onsistent with the standards set forth in the most current version of American National Standards Institute (ANSI) A300, as amended. (3) The retention of a Certified Arborist is required to supervise all pruning of branches or roots, or relocation of Prote cted Trees. Any trenching, excavating, alteration of grade, compaction of soil, adding of amendments, or paving within the Tree Protection Zone must be supervised by the Certified Arborist. a. The Certified Arborist shall contact the City Landscape Archit ect and provide a schedule of when the observation is to take place.
(4) The branch and root structure of all Protected Trees to remain in place shall be protected using a substantial construction fence, such as a non -movable chain link fence, placed aroun d the Tree Protection Zone of each Protected Tree. Such protection shall be in place prior to any construction equipment or materials being brought on site and verified by the Certified arborist. Fencing shall remain in place until construction equipment, materials, and debris have been removed from the site and approval from the Director has been given for removal. No vehicles, construction equipment, material, debris, paint or paint products, pallets, chemicals, contaminated water, or other foreign material shall be allowed to be placed, poured, piled, or stored within the Tree Protection Zone of any tree. Digging, trenching, grade changes, and soil compaction are not permitted within the Tree Protection Zone without an approved permit.
(5) Each Protected tree or any tree designated to remain in place on the construction site shall receive Routine Maintenance during the entire construction process determined by the project Certified Arborist.
SECTION 10-15.19 MEMORIAL AND HERITAGE TREES.
(1) Memorial Tree Nomination. Memorial Trees can be nominated by a Hayward community member or a local government official and shall be submitted to the Director for recommendation to City Council. The City Council will review nominations and hold a vote to designate a Memo rial Tree(s). Memorial Trees will be recorded protected and maintained unless they are in severe decline or must be removed for public benefit or safety. Memorial trees must be located on City property and cannot be recognized as an invasive species by the California Invasive Species Council. The fee to designate a Memorial Tree is established by the Master Fee Schedule.
(2) Heritage Trees Determination . A tree is considered a Heritage Tree when the City Landscape Architect finds at least two of the following criteria are met:
a. Native Tree: The tree is a native species of Hayward, as listed in Section 10 -
15.14. b. Provides Essential Habitat: The tree currently or commonly provides habitat for any state or federally listed endangered or threatened species a s identified by the projects Certified Arborist. Note that such trees may be protected through other local, state, or federal regulations. c. Horticulture Significance : The tree is rare or significant in the horticultural development of Hayward.
d. Historical or Cultural Significance : The tree has a documented historical or cultural connection to the City of Hayward including original plantings or coincides with historical events in the City.
(3) The removal of a Heritage Tree as part of a Development Project shall be approved by the highest approving body, based on the findings per Section 10-15.22.
SECTION 10-15.20 RESTRICTED ACTIONS.
The following actions are restricted for any tree in the City of Hayward:
a. Introduction of harmful chemicals or poisons within the dripline of any tree. b. Introduction of pests or pathogens.
SECTION 10-15.21 PERMITS AND REPLACEMENT REQUIREMENTS. (1) A permit is required to perform any of the following actions on Protected Trees described in Section 10-15.14:
a. Tree removal.
b. Routine maintenance for Memorial and Heritage trees. c. Any extreme root or branch pruning that is not consistent with standard arboriculture practices for a healthy tree, including pollarding, topping, lion - tailing, or severe pruning.
d. Removal of the bark around the circumference of the tree (girdling). e. Relocation or transportation of a tree without a permit. f. Digging, trenching, grade changes, and soil compaction or paving within the tree protection zone.
g. Attaching ropes, signs, or wires to a tree.
h. Any action(s) that foreseeably leads to the death of a tree or permanent damage to its health or structure.
i. Pruning of branches greater than 4” in diameter of Protected Trees. (2) Tenants or any non -owners of any property shall h ave the written consent of the property owner prior to applying for a permit. Such written consent shall be submitted with the permit application.
(3) Permit Fees shall be determined by the City’s Master Fee Schedule. (4) Arborist report: An arborist report is required in the following circumstances:
a. For development projects.
b. For proposed removal of a Heritage Tree, Memorial Tree, three or more Protected Trees, or if requested by the Director.
c. For all pruning permits when more than one -third of the canopy is to be removed, when pruning does not conform to ANSI A300 standards, or if requested by the Director.
(5) Additional Requirements for Development Projects:
a. A bond shall be required based on the appraised replacement value of the existing trees that are to remain on site. The bond is to be submitted to the City Landscape Architect prior to issuance of the grading or building permit. (6) Tree Replacement:
a. For street trees on commercial properties: Every protected tree removed shall require one 36” box tree to be planted as a street trees. b. Non-street trees f or commercial properties : Tree mitigation is to be determined by the appraised value of the trees to be removed based on the valuation made in the required arborist report. If it is not possible to plant all the required mitigation trees on site, an in -lieu fee can be assessed per subsection (7) below.
c. For residential properties:
i. The removal of two or fewer trees shall require two replacement 24” box trees per each tree removed, which must be planted on site. ii. Mitigation of three or more trees shall be determined based on the valuation of the trees to be removed made in the required arborist report.
iii. If it is not possib le to plant all the required mitigation trees on site as determined by the City Landscape Architect, an in -lieu fee can be assessed per subsection (7) below.
d. For Heritage Trees: Heritage Tree mitigation is to be determined by the Director up to the full appraised value of the tree to be removed based on the valuation made in the required arborist report. If it is not possible to plant all the required mitigation trees on site, an in -lieu fee can be assessed per subsection (7) below.
e. Replacement trees shall be suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy, and other relevant factors, and shall maximize canopy at maturity. Invasive species, as determined by the C alifornia Invasive Plant Council, are not permitted replacement trees. Replacement tree type to be approved by City Landscape Architect.
f. For Redevelopment Projects: Replacement trees for Protected Trees removed from a site shall not count toward any tre e or other planting required pursuant to the Zoning Ordinance Chapter 10 Article 2, which include the following:
i. Street trees
ii. Trees planted as part of a previous development approval iii. Parking lot trees
g. A tree canopy study plan may be required by the Director to demonstrate how replacement trees will replace the lost canopy.
h. If any replacement tree dies or is removed within three (3) years of permit issuance, it must be replaced. The maintenance period will be automatically extended for a period of three (3) additional years for any replacement trees that are replaced due to death or unauthorized removal. (7) In-Lieu Fees:
a. For situations where the City’s Landscape Architect determines there is no replacement planting locations on s ite for all the required mitigation trees, the applicant may pay a fee of 125% the appraised value of the tree(s) to be removed in -lieu of replanting on site. In -lieu fees will be paid to the City, which may only be used to add or replace mitigation trees on public or private property in the vicinity of the subject property, plant or replace trees on City-owned property; or to support the City’s urban forestry management program. The payment of the in -lieu fee is to be submitted to the City Landscape Architect prior to the issuance of the grading or building permit for development projects or the closure of the tree removal permit for non - development projects.
(8) A nesting bird survey shall be submitted when tree work is being conducted in the nesting season (February - August).
SECTION 10-15.22 REQUIRED FINDINGS FOR TREE REMOVAL AND PRUNING PERMITS.
The Planning Director may approve, conditionally approve, or disapprove the application if the Director makes all of the findings listed in subsections (1) through (5) and one or more of the findings listed in subsections (6) through (13):
(1) Permit application adheres to the requirements set forth in Section 10-15.21.
(2) An effort has been made to preserve the character of the tree’s location, and the more valuable specimens have been preserved.
(3) The requested action would not cause erosion, loss of soil, increase the flow of surface runoff, or cause a diversion of water that would affect downstream properties.
(4) Permits for tree pruning for Protected Trees and routine maintenance of Memorial and Heritage Trees:
a. The proposed pruning complies with the Migratory Bird Treaty Act (16 U.S.C. § 703 et seq.) and the California Fish and Game Code (§ 3513). Specifically, the project will avoid any actions that could result in the ‘take’ of migratory birds, their nests, or eggs.
b. The proposed pruning adheres to established arboricultural standards and best practices, ensuring that the health and structural integrity of the trees will be maintained.
i. The objective of the proposed pruning, as outlined in ANSI A300, is to:
manage risk, manage health, develop structure, provide clearance, manage size or shape, or improve aesthetics.
c. Pruning to remove a limb hazard which does not require full tree removal (5) For development projects: There is no feasible amendment to plans that would allow for tree preservation.
(6) The tree is in severe decline and diseased, or remedial treatments or corrective practices that would facilitate saving the tree are not feasible, including on slopes. (7) Tree has been identified to have High or Extreme tree risk rating as calculated by an ISA Tree Risk Assessment Qualified Arborist and the proposed action would mitigate risk to an acceptable level. If a tree permit i s submitted on the grounds of tree risk, an ISA tree risk assessment form must be included with the application. (8) The tree is the host of a pest or pathogen that has potential to cause irreconcilable effects to the urban forest.
(9) The proposed actio n must be c ompleted in conformance with the provisions set forth in the Solar Shade Control Act (California Public Resources Code §25890 et seq.).
(10) The tree has, or will imminently, interfere with utility services where such interference cannot be controlled or remedied through reasonable modification, relocation or repair of the utility service or the pruning of the root or branch structure of the tr ee; or where removal or pruning is required by a public utility to comply with California Public Utility Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules or regulations.
(11) The proposed action is necessary to remediate damage caus ed by the tree to the surrounding permitted infrastructure and there are no reasonable solutions to adapt or relocate the infrastructure to accommodate for the tree. (12) The removal of the tree is necessary to repair a geological hazard. (13) The tree is suppressing or is suppressed by the growth and development of an adjacent protected tree of higher value, and removal of the tree will create improved growing conditions for the suppressed tree to thrive.
SECTION 10-15.23 ADDITIONAL CONSIDERATIONS FOR PERMITS REGARDING HERITAGE TREES.
Site Plan Review , as detailed in Section 10-1.3000 of this Code, shall be required prior to the removal of any tree designated as a Heritage Tree. A Heritage Tree removal permit may be approved only if the reviewing body finds the burden to the Applicant in preserving the tree outweighs the benefit to the public. In making the foregoing determinations, the reviewing body shall consider such factors as the following:
(1) All the benefits provided by the Heritage Tree.
(2) The contribution of the tree to the character of the site, local ecology, and the neighborhood.
(3) Species, health condition and value of the tree.
(4) Whether the tree is part of an important grove of trees. (5) The visibility of the tree to the neighborhood and the public. (6) Whether the development provides a public benefit.
(7) Whether measures short of removing the tree can be employed consistent with the development.
SECTION 10-15.24 ANNUAL PRUNING PERMITS.
An annual pruning permit that is not site -specific may be issued under the following circumstances:
(1) The Applicant has at least one full -time Certified Arborist on staff who will be present to perform or supervise all permitted actions including the observation of trenching within the dripline of the tree.
(2) The Applicant has a valid business license with the City of Hayward (3) The Applicant has proof of liability insurance.
(4) All pruning, removal, and other tree work must conform to the standards set forth in the most current version of American National Standards Institute A300 and best management practices as defined by the International Society of Arboriculture.
SECTION 10-15.25 DURATION OF PERMIT.
A tree removal or pruning permit issued shall be valid for a period of three (3) mont hs from issuance, or, if an appeal is taken, three (3) months from the final decision. One three (3) month extension may be permitted upon a written request and approval. This duration excludes the annual pruning permit referenced in S ection 10-15.24, which is valid for one year.
SECTION 10-15.26 EXCEPTIONS.
(1) Any permit, including Heritage and Memorial tree removal permits, upon finding the tree is dying, diseased, or dead, as confirmed by the City’s Landscape Architect. (2) Hazardous Conditions. A Protected Tree may only be pruned or removed without a permit in the circumstances listed below. In such circumstances, a retroactive permit including detailed photographic evidence is required. No permit fee will be assessed.
a. Personal in jury or property damage resulting from tree conditions is determined to be imminent by the Director.
b. The Protected Tree is an immediate impediment to the work of any public safety officers.
c. The Protected Tree presents a significant fire risk, which i nclude only the following taxa: eucalyptus (Eucalyptus spp.), pines (Pinus spp.), acacia (Acacia spp.), tanoak (Notholithocarpus densiflorus), and Italian cypress (Cupressus sempervirens). The tree trunk must be located within 100 feet of any habitable str ucture, including structures on adjacent properties; or within 30 feet of a private or public road necessary for emergency evacuations.
d. The tree is in a high or very high fire severity zone as identified by CalFire's current Fire Hazard Severity Zone Ma p, poses an increased risk to life or property as determined by the Fire Marshal of the Hayward Fire Department, and no reasonable mitigation efforts can be taken to mitigate the risk and preserve the tree.
e. Any Protected Tree that is removed in an emer gency due to hazardous conditions, as determined by the Director, shall be mitigated in accordance with Section 10-15.21.
(4) Tree removals necessary to comply with the safety requirements defined by the Federal Aviation Administration.
SECTION 10-15.27 CONDITIONS OF APPROVAL.
In approving the permit, the City may impose conditions for the purpose of protecting any trees which are to remain or to ensure compliance with the intent and purpose of this chapter.
SECTION 10-15.28 PERMIT APPEALS.
The decision of the Planning Director to approve, conditionally approve, or disapprove an application may be appealed to the Planning Commission in accordance with the appeals process detailed in Section 10 -1.2845. The Planning Commission may approve, conditionally approve, or disapprove the application based on the criteria listed in Section 10-15.22. In the event that significant new evidence, which may include substantial changes in the application, is presented in conjunction with the appeal, the matter shall be returned to the Planning Commission for further consideration and action. In the absence of significant new evidence, the action of the Planning Commission shall be final and conclusive.
SECTION 10-15.29 PENALTIES AND ENFORCEMENT.
(1) An adm inistrative citation may be issued for a violation of any provisions of this ordinance, or if the City determines that any tree activity for which a permit under this ordinance is required has been performed without a permit, or the activity is not in substantial compliance with the issued permit or approved plan. The administrative fine shall be equal to double the amount of the permit fee. (2) As an alternative to issuing an administrative citation, a notice of violation or correction notice may be issued pursuant to Sections 1-7.14 and 1-7.15 of this Code. (3) Additional mitigation requirements for unpermitted or unapproved tree activity may be determined, as follows:
a. If there is sufficient evidence available to appraise the value of the removed tree(s), then mitigation shall be determined per Sec tion 10-15.21 (6).
Sufficient evidence may include evaluation of any remaining portions of the tree on site, or through evaluation of resources such as photographs, past plans, or Google Earth and Streetview to determine the species, size, and condition of the tree prior to removal.
b. If there is no measurable part of the tree remaining, and the other resources discussed in item (a.) cannot be used to estimate the value of the removed tree(s), then mitigation will be determined by the Director. (4) If the City determ ines that a tree removal or pruning permit is required, the property owner and/or party responsible for the tree cutting work shall apply for the necessary tree removal or pruning permit within a specified period set by the Director.
(5) In the case of development projects, an order to cease work may be issued until the developer obtains a permit and has demonstrated compliance with the requirements of this ordinance.
(6) Appeal Hearing. Recipients of administrative citations may request an appeal before an administrative hearing officer pursuant to Sections 1 -7.07 thru 1-7.10.
The decision of the administrative hearing officer shall be subject to judicial review pursuant to Section 1-7.13 of this Code.
SECTION 10-15.30 REVOCATION OF PERMIT.
(1) Any permit described in this ordinance shall be subject to revocation if the conditions of the permit or the regulations set forth herein or incorporated herein are violated. Before taking any action to revoke the permit, the Director shall give notice to the permittee in writing of the proposed revocation, the reasons therefore, and the time and place for a hearing where the permittee will be given an opportunity to show cause to the Director why the permit should not be revoked.
The written notice may be personally served upon the permittee or mailed to the permittee at the address shown on the application at least ten days prior to the hearing. Upon conclusion of the hearing, the Director may revoke the permit upon a finding of noncompliance with the cond itions of the permit or the regulations herein.
(2) Any permittee who has had an annual, non -site-specific permit revoked shall not be eligible for a new annual, non -site-specific permit for a period of six months from the date of the final decision revo king the permit. During the six -month period, the permittee may apply for only individual, site -specific permits and must meet the requirements of Section 10-15.21. The Director’s decision to revoke the permit may be appealed as set forth in Section 10-15.28 above.
SECTION 10-15.31 COLLECTION OF PENALTIES.
Fines must be paid within thirty (30) business days of issuance of an administrative citation or if appealed, within thirty (30) business days of the issuance of a decision by an administrative hearing officer.
SECTION 10-15.32 MISDEMEANOR; INJUNCTIVE RELIEF.
Violation of any provisions of this Chapter shall be chargeable as a misdemeanor as provided in Chapter 1, Article 3 of the Hayward Municipal Code. In addition to the foregoing criminal penalty, violation of any provisions of this Article is deemed a public nuisance subject to injunctive relief.
SECTION 10-15.33 IMPOSITION OF LIEN.
Any unpaid costs or penalti es imposed pursuant to this Article shall constitute a special assessment against the real property upon which a violation of this Article has occurred. All costs and/or fines shall be itemized in a written report of assessment. The Director shall cause a copy of the report and assessment to be served to the owner of the property not less than five days prior to the time fixed for confirmation of the assessment. Service may be made by enclosing a copy of the report of assessment in a sealed envelope, postag e prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the County of Alameda and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing.
A copy of the report of assessment shall be posted in the Office of the City Clerk on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the City Council. The City C ouncil shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the City Council, it shall be a lien on said property
Section 2. California Environmental Quality Act (CEQA). The City Council independently finds and determines that this action is categorically exempt from CEQA pursuant to Section 15307 (Class 7) and 15308 (Class 8) of the CEQA Guidelines. As detailed below, the propo sed Text Amendments are consistent with the Categorical Exemptions of the State CEQA Guidelines, based on the following:
15307 (Class 7). Actions By Regulatory Agencies for Protection of Natural Resources: State CEQA Guidelines Section 15307 states that Categorical Exemption “Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.”
15308 (Class 8). Actions By Regulatory Agencies for Protection of The Environment:
State CEQA Guidelines Section 15308 states that Categorical Exemption “Class 8 consists of actions taken by regulatory agencies, as author ized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption.”
Class 7 and Class 8 Categorical Exemptions apply to the project because adoption of the updated Tree Preservation Ordinance represents action taken by the City of Hayward to maintain and enhance natural resources (trees) and the environment and to establish procedures for environmental protection. Moreover, the project strengthens standards for environmental protection compared to Hayward’s prior Tree Preservation Ordinance and does not broadly authorize any specific tree maintenance or removal activities or issuance of permits for such activities previously prohibited by the prior ordinances.
Section 3. Severance. Should any part of this Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this Ordinance, which shall continue in full force and effect, provided that the remainder of the Ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.
Section 4. Effective Date . In accorda nce with the provisions of Section 620 of the City Charter, the Ordinance shall become effective 30 days after adoption by the City Council.
INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the ____ day of ________ 2025, by ___________________________________.
ADOPTED at a regular meeting of the City Council of the City of Hayward, held the ____ day of __________________, by the following votes of members of said City Council.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: _______________________________________
Mayor of the City of Hayward
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
Hayward Tree Preservation Ordinance Appendix
Table of Contents
1. Purpose. Benefits of Trees
2. Tree Removal Permit Process Summary
3. Heritage Tree Checklist
4. Protected Native Tree Species in Hayward with Photos
5. City of Hayward Recommended Tree List with Photos
- Small Planting Area Trees
- Large Planting Area Trees
6. Do NOT Plant Tree List with Photos
7. Hayward Airport Landscape Plan and Plant List
8. Cal Fire - Fire Hazard Severity Map
9. San Francisco Bay Tidal Marsh Map
10. Arboriculture Best Management Practices for Tree Planting and Maintenance
11. Arborist Report Template
12. List of Local Arborists and Tree Pruning and Removal Companies
Attachment V
1 Purpose
The City of Hayward recognizes the role that trees have in providing wildlife habitat, reducing the urban heat island effect, and maintaining the community’s health, well-being, and aesthetic value (Figure 1). Hayward’s Tree Preservation Ordinance is intended to protect and preserve trees and control the pruning, removal or relocation of those trees that provide benefits for the neighborhood or the entire community, while balancing private property rights and development.
This Appendix has been developed alongside the City’s 2025 Tree Preservation Ordinance update. This document provides references for interpreting the tree protections set forth in the tree ordinance as well as additional tree maintenance guidelines for private property owners. Together, this document and the updated ordinance are intended to enhance the management of trees on private property and maximize the benefits that Hayward’s urban forest provides.
Figure 1. Benefits of Trees
2 Permit Process
The City of Hayward’s tree ordinance has a list of actions that are restricted or require permits. The regulations in Hayward’s Tree Preservation Ordinance only apply to Protected Trees.
Information Gathering and permit preparation
- What action are you intending to do?
- In what way will trees in question be affected? The City of Hayward’s tree ordinance has a lists of actions that are restricted or require permits.
- What is the species of your tree?
- What is the diameter of your tree? See “How to measure tree trunks” in Section 11 below. - Do you own the property where the proposed action is to take place? If not, do you have the property owner’s written consent?
- Wanting to do tree work between February and September: Is there evidence of nesting birds? Protected Trees
- Protected trees include, but are not limited to , the protected native trees displayed in Section 4 of this document. Other protected trees include street trees, memorial trees officially recognized by the City, heritage trees, replacement trees, trees designated for preservation in a plan, and trees that are a condition of approval for a previous permit or zoning requirement. o For more information on if your tree is a protected tree, refer to the ordinance. - Sec. 10-15.14 provides the information needed to determine whether your tree is protected. - Refer to Sec. 10-15.26 to determine whether your scenario meets any of the City’s defined exceptions.
For Development Projects
- The Tree Preservation Ordinance has specific planting requirements and tree protection measures that apply to development projects. Ensure that your project is aligned with these requirements during the planning phase before construction commences.
Permit Process
1. Determine whether a permit is necessary.
2. Apply for a permit before any construction or actions that will affect the tree take place.
3. Development services will evaluate your permit based on the criteria found in Sec. 10-15.22.
4. The City may apply conditions for approval, which often include tree replacement requirements. If tree replacement on-site is not feasible, a fee in-lieu of replacement may apply. Other conditions may apply.
5. Upon approval, a permit is valid for 3 months.
Frequently Asked Questions:
Is there a permit fee?
Yes. This fee is determined by the City’s Master Fee schedule. Additionally, for development projects, a bond is required equal to the appraised replacement value of the existing trees that are to remain on site.
Do I need an arborist report?
An arborist report is required for the specifically listed actions in SEC. 10-15.21. See Section 12 of this document for a checklist of required information for arborist reports.
Are there penalties for skipping the permit process?
Yes, penalties may include fines and stop work orders, as described in SEC. 10 -15.29 of the Tree Preservation Ordinance.
Can the City revoke a permit?
Yes, but only under the circumstances defined in SEC. 10-15.30 of the Tree Preservation Ordinance.
What if I believe my permit was wrongfully denied?
Permit applicants may appeal, according to the process set in place by SEC 10 -15.28 of the Tree Preservation Ordinance.
3 Heritage Tree Checklist
Heritage trees are those trees recognized by the City of Hayward to be an exceptional tree with a distinctly high level of value to the community as set forth in section 10.15-19: Memorial or Heritage Trees.
Heritage Tree Determination:
A tree is considered a Heritage Tree when the City Landscape Architect finds at least two of the following criteria are met. Please mark which of the following criteria the tree meets and provide the reasoning below:
☐ Native Tree: The tree is a native species of Hayward, as listed in Section 10-15.14. ☐ Provides Essential Habitat: The tree currently or commonly provides habitat for any state or federally listed endangered or threatened species as identified by the projects Certified Arborist. Note that such trees may be protected through other local, state, or federal regulations. ☐ Horticulture Significance: The tree is rare or significant in the horticultural development of Hayward. ☐ Historical or Cultural Significance: The tree has a documented historical or cultural connection to the City of Hayward including original plantings or coincides with historical events in the City.
Reasoning for why the tree should be nominated as a Heritage tree: ______________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ Heritage Tree Removal:
If an applicant desires to remove an existing Heritage tree, they must prove to the reviewing body that the burden to the applicant in preserving the tree outweighs the benefit to the public, as stated in Sec. 10-15.23. Factors that will be considered include:
(1) All the benefits provided by the Heritage Tree.
(2) The contribution of the tree to the character of the site, local ecology, and the neighborhood. (3) Species, health condition and value of the tree.
(4) Whether the tree is part of an important grove of trees. (5) The visibility of the tree to the neighborhood and the public. (6) Whether the development provides a public benefit.
(7) Whether measures short of removing the tree can be employed consistent with the development.
Justification for why the Heritage tree should be removed: ______________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________
4 Protected Native Tree Species in the City of Hayward
All trees with a diameter of 8” or greater when measured 54” above ground level are protected, unless the tree is an invasive species recognized by the California Invasive Species Council . Native trees – trees belonging to species that have evolved with California’s landscape for millennia and developed intertwined relationships with California’s flora and fauna – have further protections. California natives are protected at diameter of 4” or greater when measured 54” above ground level. Table X displays the list of native trees protected in Hayward. Photos are courtesy of SelecTree (SelecTree. UFEI. 1995-2024. Cal Poly State University, San Luis Obispo).
Table 1: List of protected native trees in the city of Hayward and photos to aid in species identification.
Common
Name
Scientific
Name
Leaf Tree Selectree
Link
Big leaf
maple
Acer
macrophyllum
SelecTree:
Bigleaf
Maple
California
buckeye
Aesculus
californica
SelecTree:
California
Buckeye
Pacific
madrone
Arbutus
menziesii
SelecTree:
Pacific
Madrone
California
sycamore
Platanus
racemosa
SelecTree:
California
Sycamore
Coast live
oak
Quercus
agrifolia
SelecTree:
Coast live
oak
Canyon
live oak
Quercus
chrysolepis
SelecTree:
Canyon live
oak
Blue oak Quercus
douglassii
Oregon
white oak
Quercus
garryana
SelecTree:
Oregon
white oak
California
black oak
Quercus
kelloggii
SelecTree:
California
black oak
Valley
oak
Quercus
lobata
SelecTree:
Valley oak
Interior
live oak
Quercus
wislizenii
SelecTree:
Interior live
oak
California
bay
Umbellularia
californica
SelecTree:
California
Bay
California
Black
Walnut
Juglans
hindsii
SelecTree:
Black
Walnut
5 City of Hayward Recommended Tree Species
Small Planting Area Trees
Common Name: Marina madrone / Strawberry tree
Scientific Name: Arbutus ‘Marina’
Mature Tree Size: 25’ H x 20’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/174
Common Name: Weeping bottlebrush
Scientific Name: Callistemon viminalis
Mature Tree Size: 30’ H x 20’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/241
Common Name Blue palo verde
Scientific Name Cercidium floridum
Mature Tree Size 20’ H x 15’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/309
Common Name: Oklahoma redbud
Scientific Name: Cercis canadensis var. texensis ‘Oklahoma’ Mature Tree Size: 20’ H x 15’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/323
Common Name Western redbud
Scientific Name Cercis occidentalis
Mature Tree Size 20’ H x 15’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/321
Common Name Burgandy Desert willow
Scientific Name Chilopsis linearis ‘Burgundy’
Mature Tree Size 20’ H x 20’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/345
Common Name Chitalpa
Scientific Name Chitalpa tashkentensis
Mature Tree Size 25’ H x 25’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/1488
Common Name Sweet bay
Scientific Name Lauris nobilis
Mature Tree Size 25’ H x 20’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/804
Common Name Santa Cruz ironwood
Scientific Name Lyonothamnus floribundus,
Mature Tree Size 35’ H x 20’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/832
Common Name Fruitless olive
Scientific Name Olea europea ‘Wilsonii’
Mature Tree Size 25’ H x 20’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/970
Common Name Bracelet Honey myrtle
Scientific Name Melaleuca armillaris
Mature Tree Size 25’ H x 20’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/927
Common Name Iron wood
Scientific Name Parrotia persica columnar variety
Mature Tree Size 25’ H x 10’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/987
Common Name Water gum
Scientific Name Tristania luarina
Mature Tree Size 25’ H x 20’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1486
Large Planting Area Trees (4-ft and greater planter width):
Common Name Incense cedar
Scientific Name Calocedrus decurrens
Mature Tree Size 50’ H x 20’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/243
Common Name Desert willow
Scientific Name Chilopsis linearis
Mature Tree Size 35’ H x 30’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/345
Common Name Australian willow
Scientific Name Giejera parviflora
Mature Tree Size 35’ H x 25’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/654
Common Name Brisbane box
Scientific Name Lophostemon conferta
Mature Tree Size 35’ H x 20’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1425
Common Name Chinese pistache
Scientific Name Pistache chinensis
Mature Tree Size 35’ H x 25’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1086
Common Name Bloodgood London plane tree
Scientific Name Platanus x hispanica/acerfolia ‘Bloodgood’ Mature Tree Size 60’ H x 40’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1100
Common Name Columbia London plane tree
Scientific Name Platanus x hispanica/acerfolia ‘Columbia’ Mature Tree Size 60’ H x 40’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1826
Common Name Mexican sycamore
Scientific Name Platanus mexicana
Mature Tree Size 50’ H x 35’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1589
Common Name Chilean mesquite tree
Scientific Name Prosopis chilensis
Mature Tree Size 35’ H x 35’
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1141
Common Name Coast live oak
Scientific Name Quercus agrifolia
Mature Tree Size 60’ H x 50’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/1227
Common Name Blue oak
Scientific Name Quercus douglasii
Mature Tree Size 60’ H x 40’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/1234
Common Name Valley oak
Scientific Name Quercus lobata
Mature Tree Size 80’ H x 50’ W
California Native: Yes
Selectree Link: https://selectree.calpoly.edu/tree-detail/1246
Common Name Cork oak
Scientific Name Quercus suber
Mature Tree Size 60’ H x 40’ W
California Native: No
Selectree Link: https://selectree.calpoly.edu/tree-detail/1263
6 Do NOT Plant Tree List
Invasive and Pest Tree Species That Should Not Be Planted in Hayward.
See this California Invasive Plant Council guide for more information:
https://www.cal-ipc.org/wp-content/uploads/2017/11/Dont-Plant-a-Pest-Trees-of-CA.pdf Common Name Acacia/wattle
Scientific Name Acacia dealbata, A. decurrens, A. melanoxylon Cal-IPC Rating Limited to Moderate
Mature Tree Size 50’ H x 50’ W
Selectree Link: https://selectree.calpoly.edu/tree-detail/23 https://selectree.calpoly.edu/tree-detail/24
https://selectree.calpoly.edu/tree-detail/28
Common Name Tree of heaven
Scientific Name Ailanthus altissima
Cal-IPC Rating Moderate
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/145
https://www.cal-
ipc.org/plants/profile/ailanthus-altissima-
profile/
Common Name Silk tree
Scientific Name Albizia julibrissin
Cal-IPC Rating Not on Cal-IPC list
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/147
Common Name Paper mulberry
Scientific Name Broussonetia papyrifera
Cal-IPC Rating Not on Cal-IPC list
Selectree Link: https://selectree.calpoly.edu/tree-detail/218
Common Name Single-seed hawthorn
Scientific Name Crataegus monogyna
Cal-IPC Rating Limited
Selectree Link: https://selectree.calpoly.edu/tree-detail/281 https://www.cal-ipc.org/plants/profile/crataegus-
monogyna-profile/
Common Name Russian olive
Scientific Name Elaeagnus angustifolia
Cal-IPC Rating Moderate
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/500
https://www.cal-
ipc.org/plants/profile/elaeagnus-angustifolia-
profile/
Common Name Blue gum eucalyptus
Scientific Name Eucalyptus globulus
Cal-IPC Rating Limited
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/543
https://www.cal-
ipc.org/plants/profile/eucalyptus-globulus-
profile/
Common Name Golden Rain Tree
Scientific Name Koelreuteria paniculata
Cal-IPC Rating Not on Cal-IPC List
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/777
Common Name Chinaberry
Scientific Name Melia azedarach
Cal-IPC Rating Watch
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/935
https://www.cal-ipc.org/plants/profile/melia-
azedarach-profile/
Common Name Myoporum / Ngaio tree;
Scientific Name Myoporum laetum
Cal-IPC Rating Moderate
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/1485
https://www.cal-
ipc.org/plants/profile/myoporum-laetum-
profile/
Common Name Callery Pear
Scientific Name Pyrus calleryana
Cal-IPC Rating Not on Cal-IPC list
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/779
Common Name Black locust
Scientific Name Robinia pseudoacacia
Cal-IPC Rating Limited
Selectree Link: https://selectree.calpoly.edu/tree-detail/1290 https://www.cal-ipc.org/plants/profile/robinia-
pseudoacacia-profile/
Common Name Chinese tallow tree
Scientific Name Sapium sebiferum
Cal-IPC Rating Moderate
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/1317
https://www.cal-ipc.org/plants/profile/triadica-
sebifera-plant-profile/
Common Name Brazilian peppertree
Scientific Name Schinus terebinthifolius
Cal-IPC Rating Moderate
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/1323
https://www.cal-ipc.org/plants/profile/schinus-
terebinthifolius-profile/
Common Name Scarlet wisteria
Scientific Name Sesbania punicea
Cal-IPC Rating High
Selectree and Cal-IPC
Links:
Not available on Selectree
https://www.cal-
ipc.org/plants/profile/sesbania-punicea-profile/
Common Name Saltcedar
Scientific Name Tamarix species
Cal-IPC Rating High
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/1382
https://www.cal-ipc.org/plants/profile/tamarix-
parviflora-plant-profile/
Common Name Mexican fan palm
Scientific Name Washingtonia robusta
Cal-IPC Rating Moderate
Selectree and Cal-IPC
Links:
https://selectree.calpoly.edu/tree-detail/1471
https://www.cal-
ipc.org/plants/profile/washingtonia-robusta-
profile/
7 Hayward Airport Landscape Plan and
Plant List
The following plants and trees list applies to properties that are adjacent to the Hayward Executive Airport which have specific height and species restrictions required by the Federal Aviation Administration .
The full Hayward Executive Airport Landscape Plan can be viewed and downloaded here:
City to provide link when available.
The Hayward Airport Planting list by zone can be found on the next page.
An interactive map of the different airport planting zones with height restrictions can be accessed here:
City to provide link when available.
.
Airport Plant List
Botanical Name Common Name C D E F
Mature
Height
(feet)
Attracts
Wildlife
TREES
Acer saccharum subsp. Floridanum Southern Sugar Maple X X 50 Yes Aesculus californica California Buckeye X X 15 to 40 Yes Afrocarpus falcatus African Fern Pine X X 60 Yes
Arbutus marina Marina Madrone X X 40 to 50 Yes
Arbutus menziesii Pacific Madrone X 15 to 70 Yes
Arbutus unedo Strawberry Madrone X X 20 to 35 Yes
Agonis flexuosa Peppermint Tree X X X 20 to 35 No
Brachychiton populneus Kurrajong X X 30 to 50 Yes
Callistemon varieties Bottlebrush X X X 20 to 35 Yes Cercidium floridum Blue Palo Verde X X X 15 to 20 Yes Cercis occidentalis Western Redbud X X 25 Yes
Chilopsis linearis 'Burgundy' Burgandy Deseert Willow X X X X 20 No Chitalpa tashkentensis Chitalpa X X 35 Yes
Cordyline (tree varieties) Cordyline X X X X 15-Oct No
Cotinus coggygria Common Smoketree X X X 10 to 15 Yes Eriobotrya japonicum Japanese Loquat X X 30 Yes
Geijera parviflora Australian Willow X X 35 Yes
Gingko biloba Maidenhair Tree X X 30 to 50 No
Juglans hindsii California Black Walnut X 30-60 Yes Lagerstroemia indica Crape Myrtle X X X X 6 to 30 No
Laurus nobilis Sweet Bay X X 15 to 40 Yes
Leptospermum varieties Tea Tree X X X X 10 to 15 No
Lophostemon conferta Brisbane Box X X 20 to 40 Yes
Lyonothamnus floribundus Santa Cruz Ironwood X X X 30 to 40 Yes Melaleuca varieties Paperbark X X X 20 to 40 Yes
Olea europaea ‘Swan Hill’ (fruitless) Swan Hill Olive X X X 20 to 40 Yes Olea europaea ‘Wilsonii’ (fruitless) Wilson Olive X X X X 15 to 25 No Platanus racemosa California Sycamore X 20-80 Yes Palm varieties (short palms) Palm X X X X 20-May No
Quercus agrifolia Coast Live Oak X X 40 Yes
Quercus chrysolepis Canyon Live Oak X 70 Yes
Quercus douglasii Blue Oak X 30-70 Yes
Quercus garryana Oregon White Oak X 40-90 Yes
Quercus kelloggii California Black Oak X 30-70 Yes Quercus lobata Valley Oak X 50-70 Yes
Quercus morehus Oracle Oak X X 50 Yes
Quercus suber Cork oak X X 20 to 40 Yes
Quercus tomentella Island Oak X X 50 Yes
Quercus wislizeni Interior Live Oak X 30-70 Yes
Tilia cordata Littleleaf Linden X X 50 Yes
Tristania luarina Water Gum X X X X 15 to 25 No
Ulmus parvifolia Chinese Elm X X 40 to 50 Yes
Umbellularia californica California Laurel X 30 to 80 No Vitex agnus-castus Chaste Tree X X 8 to 20 Yes
SHRUBS
Agave varieties American century plant X X X X 6 to 10 No Agapanthus varieties Lily of the Nile X X 2 to 3 Yes Aloe varieties Aloe X X X X 0.5 to 1 No
Arctostaphylos varieties Manzanita X X 6 to 10 Yes Atriplex lentiformis Quail Bush X X X 3 to 10 Yes
Baccharis varieties Coyote Bush X X 2 to 10 Yes
Callistemon 'Little John' Dwarf Callistemon X X X 4 to 6 Yes Carpenteria californica Bush Anemone X X 6 to 10 Yes Ceanothus varieties Ceanothus X X 2 to 15 Yes
Cistus varieties Rock Rose X X X 4 to 6 Yes
Cordyline varieites Cordyline X X X X 4 to 8 No
Dasylirion varieities Grass Tree X X X X 2 to 5 No
Eriogonum varieties Buckwheat X X 2 to 5 No
Euonymus varieties Euonymus X X X X 10 to 15 No
Euphorbia varieties Euphorbia X X X X 1 to 3 No
Hemerocallis varieties Day Lily X X 2 to 3 Yes
Heteromeles arbutifolia Toyon X X 6 to 30 Yes
Hesperaloe parviflora Red Yucca X X X 3 to 4 Yes
Lavandula varieties English Lavender X X X 1 to 2 Yes Mahonia varieties Oregon Grape X X X 3 to 7 Yes
Nandina varieties False Bamboo X X X 3 to 8 Yes
Olea 'Little Ollie' Dwarf Fruitless Olive X X X X 4 to 6 No Phormium varieties New Zealand Flax X X X X 1 to 6 No Photinia X fraseri Fraser's Photinia X X 10 to 20 No Rhamnus californica varieties Coffeeberry X X 6 to 15 Yes Rosa californica California Wildrose X X 8 to 10 Yes Salvia varieties Autumn Sage X X 2 to 3 Yes
Westringia varieties Sea Coast Rosemary X X X X 3 to 6 No
GRASSES
Calamagrostis varieties Feather Reed Grass X X 3 to 5 Yes Carex varieties Sedge X X X 1 to 2 Yes
Chondropetalum varieties Cape Rush X X X X 3 to 5 No
Dianella varieities Dianella X X X X 1 to 4 No
Dietes varieties Fortnight Lily X X X X 3 to 5 No
Festuca varieties Blue Fescue X X X X 1 Yes
Helichtotrichon sempervirens Blue Oat Grass X X X X 2 to 3 No Lomandra varieites Lomandra X X X X 3 to 4 No
Leymus 'Canyon Prince' Canyon Prince Wild Rye X X X 3 to 4 Yes Melica californica California Melicgrass X X 1 to 4 Yes Muhlenbergia varieties Deergrass X X 4 to 5 Yes
Pennisetum (non-seeding varieties) Fountain Grass X X X 1 to 2 Yes Stipa gigantea Giant Feather Grass X 5 to 6 No
GROUNDCOVERS
Achillea varieties
Yarrow (CA native
cultivars) X X 1 to 3 Yes
Aeonuium Aeonuium X X X X 1 to 2 No
Artemisia varieties California Mugwort X X 8 Yes
Carissa (groundcover varieites) Natal Plum X X X 3 to 5 Yes Grevillea (groundcover varieites) Grevillea X X X X 3 to 5 No Iris douglasiana Douglas Iris X X 1 to 2 Yes
Lantana (groundcover varieties) Lantana X X 1 to 2 Yes Limonium perezii Sea Lavender X X 2 to 3 Yes
Myoporum parvifolium Myoporum X X X X 1 to 3 No
Rosea (groundcover varieites) Groundcover Rose X X X X 3 to 4 No Rosmarinus (prostrate varieites) Rosemary X X X X 1 to 3 No Westringia (groundcover varieites) Sea Coast Rosemary X X X X 1 to 3 No Succulent varieties Succulents X X X X 1 to 2 No
8 Cal Fire – Fire Hazard Severity Map
Sec. 10-15.26 of the Hayward Tree Preservation Ordinance provides permit exceptions for tree removals that are on properties within high or very high fire severity zone as identified by CalFire's current Fire Hazard Severity Zone Map.
The interactive version of the current Cal Fire - Fire Hazard Severity Zone Map can be accessed here to check if a property is within a high or very high fire severity zone:
https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0
More information about the Fire Hazard Severity Zone Map can be found here:
https://www.hayward-ca.gov/fire-department/office-fire-marshal/local-responsibility-areas-lras-and-fire-hazard-severity- maps
9 San Francisco Bay Tidal Marsh Map
The map below is provided as a reference for those wishing to remove trees within 1,320 feet of the San Francisco Bay tidal marsh (See Sec. 10-15.16). Tree removal work will only be permitted outside of the nesting bird season. Generally, the months when tree removal work will be permitted in these areas is from September through early February.
10 Arboriculture Best Management
Practices for Tree Planting, Watering
and Maintenance
▪ How to Measure Tree Trunks
▪ Tree Planting and Mulching
▪ Tree Staking Guidelines
▪ Establishment Care Guidelines
▪ Watering Guidelines
▪ Tree Maintenance Guidelines
▪ Pruning to Improve Young Tree Structure
▪ Tree Protection Guidelines for Construction
11 Arborist Report Checklist
The following information shall be included in any arborist report submitted to the City of Hayward.
Basic Information
▪ Arborist’s name, phone number, email
▪ Arborist designation (ISA , TRAQ, RCA #)
▪ Client name, address
Site information
▪ Site plan that includes the following:
- Any tree, on-site or off-site, that may be impacted by the proposed action - Buildings, driveways, nearby roads, and any other key factors that may assist the reviewer in locating the tree
▪ Clear indication of tree impacts (removal, encroachment, etc.)
Tree information
▪ Species of trees affected (common and botanical names) - Is the tree a protected native?
▪ Clear pictures of the tree indicating location, details, tree health ▪ Discussion of general health of the tree
▪ Tree measurements: Height, DSH
Proposed Work
▪ Description of work to be done on tree(s) and methods to be used ▪ Discussion of reason for encroachment or removal and reasonable alternatives ▪ Discussion of tree protection measures
Tree risk considerations
▪ If tree risk is a reason for removal, include ISA tree risk assessment form ▪ How will proposed activities affect tree risk?
▪ Discussion of target management
Mitigation options
▪ Discussion of risk mitigation options: (pruning, structural support systems, site or cultural improvements, integrated pest management
▪ Proposed replacement tree(s) (species, size, location)
12 List of Local Arborists and Tree Pruning
and Removal Companies
City to provide list