Tuesday, October 7, 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
October 7, 2025City Council Agenda
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
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/86751412270?pwd=v8dJph1uYwFRkrErjbOhIbZJs6pgE7.1 Meeting ID: 867 5141 2270
Password: CC10/7@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 867 5141 2270
Password: 8280210261
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER Pledge of Allegiance
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
October 7, 2025City Council Agenda
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
September 27, 2025
October 7, 2025
PRESENTATIONS
Filipino American History Heritage Month
Hayward Migrant Education Program Speech and Debate Winners
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.
October 7, 2025City Council Agenda
CONSENT
Approve the City Council Minutes of the City Council Meeting on September 23, 2025
MIN 25-1031.
Attachments: Attachment I Draft Minutes of 9/23/2025
Adopt a Resolution Accepting the Resignation of Commissioner Dominique Dozier from the Library Commission, Effective Immediately
CONS 25-4332.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment II Resignation Letter
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with NHA Advisors, LLC, to Extend the Agreement and Increase the Contract Amount by $45,000, for a New Total Not-to-Exceed Amount of $195,000, for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Financial
Consulting Services Related to the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project
CONS 25-4373.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Awarding a Construction Contract to G&G Builders, Inc., for the Design and Construction of a Shaded Structure within Prominence Landscape and Lighting
Assessment District 3 in a Not-to-Exceed Amount of $180,000 CONS 25-4384.
Attachments: Attachment I Staff Report
Attachment II Resolution
October 7, 2025City Council Agenda
Adopt a Resolution Vacating the Former Whitesell Street Right-of-Way (with Reservation of Utility Easements),
Declaring the City-Owned Portion and Adjacent Parcel Surplus Land, Authorizing Negotiation of Disposition, and Finding the Action Exempt from CEQA Review
CONS 25-4405.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Vacation of Portion of Whitesell St
Attachment IV Surplus Property Whitesell & Breakwater
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Woodard & Curran for the Preparation of a Sewer Collection System Master Plan in a Not-to-Exceed Amount of $601,872
CONS 25-4416.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions to Execute the following Side Letter of Agreements between the City of Hayward and the Hayward
Fire Chiefs’ Association (“HFCA”): Voluntary Employee
Beneficiary Association (VEBA) Plan Side Letter of Agreement; Memoranda of Understanding (MOU), Section 12.01 Fire
Education Incentive Program Side Letter of Agreement; MOU, Sections 13.06 and 13.07 Emergency Medical Technician
(EMT) Certification/Emergency Medical Technician Paramedic (E.M.T.P.) Side Letter of Agreement
CONS 25-4477.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution
Attachment IV Resolution
Attachment V Side Letter - VEBA
Attachment VI Side Letter- Education Pay
Attachment VII Side Letter - Paramedic Pay
WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.
October 7, 2025City Council Agenda
City Budget Status Update: Oral Report by the City Manager as Information Becomes Available (Oral Report from Interim City Manager Addleman)
WS 25-0358.
Hayward Municipal Code Chapter 2, Article 13: Review of Campaign Finance Regulations, Including Campaign
Expenditures and Contributions, as the City Converts from At-Large Council Elections to District Elections Starting in 2026 (Report from Interim City Manager Addleman)
WS 25-0039.
Attachments: Attachment I Staff Report
LEGISLATIVE BUSINESS
Proposed Amendments to the Maintenance and Repair of
Sidewalks Ordinance: Introduce an Ordinance Amending
Hayward Municipal Code Chapter 7, Article 2 (Streets)
Clarifying the Duty to Maintain and Repair Sidewalks (Report from City Attorney Lawson)
LB 25-03010.
Attachments: Attachment I Staff Report
Attachment II Draft Ordinance
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).
October 7, 2025City Council Agenda
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 MEETING, October 21, 2025, 7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 25-103
DATE: October 7, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the City Council Minutes of the City Council Meeting on September 23, 2025
RECOMMENDATION
That the City Council approves the City Council meeting minutes of September 23, 2025.
SUMMARY
The City Council held a City Council meeting on September 23, 2025.
ATTACHMENTS
Attachment I Draft Minutes of 9/23/2025
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/83422731854?pwd=dL0rEaFa079u1ZAHSrRT6SEqDiUctv.1 Tuesday, September 23, 2025, 7:00 p.m.
The City Council meeting was called to order by Mayor Salinas at 7:10 p.m. in the Council Chambers.
Pledge of Allegiance: Council Member Goldstein
ROLL CALL
Present: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
Absent: COUNCIL MEMBER Bonilla Jr.
CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on September 16, 2025, at 5:30 p.m., with all members present an d no public speakers regarding four items: 1) public employment pursuant to Government Code section 54957(b)(1) regarding the City Manager ; 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor groups; 3) c onference with property negotiators pursuant to Government Code section 54956.8 regarding Caltrans Parcel Group 8 , Grove Way , APNs: 415 -0180-070-00, 415-0180-068-01, 415-0180-076-00, 415-0180-084-01, 415-0180-073-00, 415-0180-074- 00, 415 -0180-075-00, 415 -0180-072-00, 415 -0180-071-00, 415-0180-069-01, 415 -0190- 064-00, 415-0180-083-01, 415-0180-080-00, 415-0180-082-01, 415-0180-081-01; and 4) conference with legal counsel pursuant to G overnment Code section 54956.9(b)(2)(A) regarding one anticipated litigation based on facts and circumstances. City Attorney Lawson reported that the City Council discussed all items, gave direction to staff, but otherwise took no reportable action.
The City Council convened in closed session on September 23, 2025, at 5:30 p.m. with Council Member Bonilla Jr. absent, all other members present, and no public comment regarding three items: 1) conference with property negotiators pursuant to Government Code section 54956.8 regarding price and terms related to two parcels at Depot Road and Whitesell Street, APNs 439- 0070-006-01, 439-0070-006-02; 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor groups; and 3) public employment pursuant to Government Code section 54957(b)(1) regarding the City Manager. City Attorney Lawson reported that the City Council discussed all items, gave direction to staff, but otherwise took no reportable action.
PRESENTATION
Mayor Salinas read a proclamation declaring September 15, 2025, to October 15, 2025, as Hispanic Heritage Month in the City of Hayward.
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The following community members received certificates and thanked the City Council on behalf of their organizations: Ramiro Ramirez, Puente Teacher with Tennyson High School; Leslie Gonzalez, College and Career Program Specialist and Edgar Chavez, Executive Director with Hayward Promise Neighborhood; and Claudia Del Rio, Director of Community Outreach and Vidal Gonzalez, Assistant Director with La Familia ; and L indsey Vien, Acting Library Director with the Public Library.
PUBLIC COMMENTS
Alex Tiphabasha, 1 Step Community Resources and Inclusion Youth Outreach Director, shared the non-profit provides free safety and emergency preparedness programs; emphasized the urgent need in schools amid rising incidents of violence; and called for collaboration to bring these resources to local schools for students and faculty at no cost.
John Boy submitted a card but did not speak.
Council Member Andrews proposed forming a fiscal response team to support continued service delivery during financial constraints; called for weekly agenda budget updates, and greater scrutiny of Strategic Roadmap initiatives; and urged for support from external partners to preserve essential services and protect the General Fund.
Alejandro Jasso praised the reopening of Tennyson Park and its new pump track, calling it a bike destination; and expressed enthusiasm for the City's efforts to improve biking safety and accessibility.
CITY MANAGER’S COMMENTS
Interim City Manager Addleman made four announcements: 1) Hayward has been designated a Pro -housing Jurisdiction by the California Department of Housing and Community Development, recognizing the City’s policies in affordable housing , making it eligible for new state funding; 2) Hayward received a Gold Award of Excelle nce from the International Economic Development Council for its Hashtag Hayward program; 3) the Hayward Executive Airport Open House drew a record 14,400 attendees on September 21, 2025; and 4) the Downtown Hayward Improvement Association (DHIA) is hosting its first Taste of Hayward on October 9, 2025 , in downtown with information available at downtownhayward.com.
CONSENT
Consent Item 3 was removed from the Consent Calendar for clarification. Consent Item 4 was pulled from the Consent Calendar and continued to a future date.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/83422731854?pwd=dL0rEaFa079u1ZAHSrRT6SEqDiUctv.1 Tuesday, September 23, 2025, 7:00 p.m.
1. Approve the City Council Minutes of the City Council Meeting on September 2, 2025, MIN 25-096.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the City Council meeting minutes of September 2, 2025.
2. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $2 Million in State Budget Funding for Fire Station Upgrades CONS 25-380
Staff report submitted by Interim Fire Chief Vollmer , dated September 23, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
Resolution 25-160, “Resolution Authorizing the City Manager to Accept and Appropriate $2 Million in State Budget Funding for Fire Station Upgrades”
3. Adopt a Resolution Authorizing the City Manager to Authorize and Execute an Agreement with University of California, Davis Continuing and Professional Education Program for Paramedic Licensing in a Not-To-Exceed Amount of $300,000 Over Two Years CONS 25- 382
Staff report submitted by Interim Fire Chief Vollmer , dated September 23, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
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Resolution 25-161, “Resolution Authorizing the City Manager to Authorize and Execute an Agreement with the University of California, Davis Continuing and Professional Education Program for Paramedic Licensing in an Amount Not-To-Exceed $300,000 Over Two Years”
In response to Council Member Roche’s inquiry about the urgency of the requested funding; Interim Fire Chief Vollmer noted that while the department is fully staffed, 18 probationary firefighters were hired under a temporary agreement allowing them to begin work as Emergency Medical Technicians (EMTs), with the condition that they obtain paramedic licenses within two years. He added the funding is necessary to fulfill the City's legal obligation to cover the cost of that training and avoid jeopardizing their employment; and added the funding was included in the CIP budget.
Mayor Salinas asked if staff could assess the future expected expenditures the City is contractually obligated to meet.
4. Adopt a Resolution Authorizing the City Manager to Execute a Single Source Agreement with McMillan Electric for the Installation of Electric Vehicle (EV) Charging Infrastructure in a Not-to-Exceed Amount of $183,700 – CIP Project 06923 CONS 25-399
Staff report submitted by Maintenance Services Director Rullman and Public Works Director Ameri, dated September 23, 2025, was filed.
The item was pulled from the Consent Calendar for further review and continued to a future date.
5. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $750,000 in Comprehensive Investment Plan Funds from the Alameda County Transportation Commission for the Downtown Bike Loop, Project No. 05 353 and to Execute a Funding Agreement CONS 25-400
Staff report submitted by Public Works Director Ameri , dated September 23, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/83422731854?pwd=dL0rEaFa079u1ZAHSrRT6SEqDiUctv.1 Tuesday, September 23, 2025, 7:00 p.m.
Resolution 25-162, “Resolution Authorizing the City Manager to Accept and Appropriate $750,000 in Comprehensive Investment Plan Funds from the Alameda County Transportation Commission for the Downtown Bike Loop Project No. 05353 and Execute a Funding Agreement”
6. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $500,000 in Comprehensive Investment Plan Funds from the Alameda Cou nty Transportation Commission for the D Street Traffic Calming Project, Project 05225, and to Execute a Funding Agreement CONS 25-401
Staff report submitted by Public Works Director Ameri , dated September 23, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
Resolution 25-163, “Resolution Authorizing the City Manager to Accept and Appropriate $500,000 in Comprehensive Investment Plan Funds from the Alameda County Transportation Commission for the Design and Construction of the D Street Traffic Calming Project, Project No. 05225”
7. Adopt Resolutions Authorizing the City Manager to: (1) Increase the Construction Contingency in the Contract with DeSilva Gates Construction by $402,285 from $1,574,274 to $1,976,559 for a Total Construction Contract Not -To-Exceed Amount of $17,317,017; and (2) Execute Amendment No. 6 to the Professional Services Agreement with Mark Thomas & Company to Increase their Contract Amount by $11,520 for a Total Not-to-Exceed Amount of $1,791,700, for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287 CONS 25-419
Staff report submitted by Public Works Director Ameri , dated September 23, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolutions.
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AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
Resolution 25-164, “Resolution Authorizing the City Manager to Increase the Construction Contingency in the Contract with DeSilva Gates Construction by $402,285 from $1,574,274 to $1,976,559 for a Total Construction Contract Not -To-Exceed Amount of $17,317,017 for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287”
Resolution 25-165, “Resolution Authorizing the City Manager to Execute Amendment No. 6 to the Professional Services Agreement with Mark Thomas & Company, for Construction Support Services for the Mission Boulevard Corridor Improvements Phase 3 Project”
8. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $235,000 in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department CONS 25-422
Staff report submitted by Police Chief Matthews, dated September 23, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
Resolution 25-166, “Resolution Authorizing the City Manager to Accept and Appropriate $235,000 In Funding from the California Office of Traffic Safety for the Hayward Police Department”
9. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $2 5,000 in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department CONS 25-423
Staff report submitted by Police Chief Matthews, dated September 23, 2025, was filed.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/83422731854?pwd=dL0rEaFa079u1ZAHSrRT6SEqDiUctv.1 Tuesday, September 23, 2025, 7:00 p.m.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
Resolution 25-167, “Resolution Authorizing the City Manager to Accept and Appropriate $25,000 In Grant Funding from the California Office of Traffic Safety for the Hayward Police Department”
10. Adopt a Resolution Approving Participation in the Purdue Pharma L.P./Sackler National Opioid Settlement and the Secondary Manufacturers National Opioid Settlements, Accepting the Terms of the California Allocation Agreements, and Authorizing the City Manager to Execute and Submit all Necessary Settlement Participation Documents on Behalf of the City of Hayward CONS 25-425
Staff report submitted by City Attorney Lawson and Senior Assistant City Attorney Vigilia, dated September 23, 2025, was filed.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
Resolution 25-168, “ Resolution Approving Participation in the Purdue Pharma L.P. /Sackler National Opioid Settlement and the Secondary Manufacturers National Opioid Settlement; Accepting the Terms of the Related California Allocation Agreements; and Authorizing the City Manager to Execute and Submit All
Necessary Settlement Participation Documents on Behalf of the City of Hayward”
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WORK SESSION
11. Business-Friendly Hayward Project Update: Review of Summary of Best Practices Report, Analysis of Hayward Codes and Practices, Downtown Commercial Analysis, and Outreach Summary WS 25-033
Staff report submitted by Development Services Director Buizer, dated September 23, 2025, was filed.
Development Services Director Buizer announced the item and introduced Senior Planner Blanton and Assistant Planner Riddle to provide a synopsis of the staff report.
Mayor Salinas opened the public comment section at 8:20 p.m.
Theresa Rezendez, Hayward Concerned Citizens representative, expressed opposition to open carry alcoholic beverages, marijuana shops, adult stores, and massage parlors in downtown; urged the City to create a more "moral" and family -friendly environment; requested data- driven evaluations of business revenues; and proposed forming a task force to attract more appropriate businesses.
Suzanne Luther , Hayward Concerned Citizens representative, voiced concerns about the downtown and its current situation with homelessness, drug use, public safety, and the City's inaction on illegal food vendors.
TJ, Hayward Concerned Citizens representative. echoed previous speakers’ concerns; raised concern about the impact of the Regis Village project on downtown safety; and emphasized the need to address ongoing safety and enforcement challenges before introducing new downtown developments.
Mayor Salinas closed the public comment section at 8:26 p.m.
Members of the City Council thanked City staff for the staff report
Discussion ensued among members of the City Council and City staff and the following items were clarified : the new study provides a deeper, more independent analysis of market demographics and leasing dynamics, using insights from consultants who work directly with retail brokers ; the City is proactively improving coordination through bi -weekly interdepartmental meetings to streamline permitting processes and exploring ways to better guide inexperienced applicants, including possible workshops; the zoning district consolidation would simplify the Zoning Map by reducing redundant commercial district types, such as combining regional, general, and light commercial, without changing land use or allowed activities; City planning efforts include considerations for walkability near senior housing developments and the City’s Safe Streets initiative addresses walkability and making
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/83422731854?pwd=dL0rEaFa079u1ZAHSrRT6SEqDiUctv.1 Tuesday, September 23, 2025, 7:00 p.m.
surrounding retail important; and temporary use permits currently cost $2,000 and involve long timelines, but reforms could simplify that process.
Members of the City Council were in general support of the recommendations listed in the Analysis of Hayward Codes and Practices section and provided the following recommendations:
make beer/wine sales more permissible and allow small scale live entertainment activities with a simplified permitting process; establish designated entertainment zones; embrace Accessory Commercial Units (ACUs) in appropriate neighborhoods, exerc ising caution against overly liberal implementation of ACUs or allowing unregulated food vending; explore centralized permitting to improve coordination among departments related to permit application processes; create an external working group to collect feedback , especially in mixed -use developments with empty storefront s; consider better citywide social media integration ; provide follow up plan on the transformation of the former St. Regis Retirement Center into transitional housing (Regis Village project); use businesses along Tennyson Road as a good model to fill vacant storefronts Downtown; fill vacant storefronts creatively and proactively; focus on revitalizing Downtown through tangible steps such as converting A Street to two-way traffic, closing B Street to cars on weekends, and allowing parklets; consider a “zero-tolerance” policy on street/mobile vending and homelessness ; adopt a phased approach to reforms, implementing faster changes where possible rather than waiting for a full policy overhaul ; evaluate the value of certain administrative and conditional use permits; consider a more permissive "approve-first" approach for low-risk uses, such as small-scale live entertainment, with follow-up enforcement only if issues arise ; support existing businesses that generate revenue and consider neighborhood-friendly ventures such as thrift stores or yoga studios operating in vacant spaces; be open about certain amenities (intimacy and cannabis dispensary stores) that generate revenue; expand nightlife activity and ACU options citywide to create walkable neighborhoods, attract younger residents, and provide a legal pathway for sidewalk vendors to transition into brick-and-mortar businesses; pilot entertainment zones (e.g., Foothill Boulevard to Main Street) with pop up events such as Sumer Street Parties with limited open carry alcoholic beverages; implement a Downtown parking enforcement program to fund safety patrols; provide demographic breakdowns of downtown to show trends; streamline approval of parklets with safety protocols; add creativity around activation of vacant buildings; make Downtown more attractive to students and young adults through coordinated promotions with local colleges; consider recording proposed workshops and using them as orientation for prospective permit applicants; ensure business-friendly efforts are coupled with public safety improvements, such as better-lit parking and safer walkways; creative permitting for pop-ups, food carts, and unique business models such as shipping container restaurants; consider allowing parking on the east side of Main Street; coordinate BART’s public safety efforts with City’s initiatives; consider eliminating the 50/50 food-to-alcohol sales rule; provide a clear implementation timeline and action plan to ensure the ideas in the staff report move forward meaningfully; and ensure that future reports include a workflow or project plan to detail internal communication processes and clarity on how the permitting and zoning updates will be expedited.
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LEGISLATIVE BUSINESS
12. Cal Cities 2025 Annual Conference: Adopt a Resolution Designating Voting Delegates and Alternates for the Annual Conference Scheduled for October 8-10, 2025 (Report from City Clerk Lens) LB 25-027
Staff report submitted by City Clerk Lens, dated September 23, 2025, was filed.
City Clerk Lens provided a synopsis of the staff report.
There being no speakers, Mayor Salinas opened and closed public comment at 9:17 p.m.
Council Member Syrop moved to appoint Mayor Salinas as the City’s voting delegate and Council Member Bonilla Jr. as the alternate for the October 8 to 10, 2025, Cal Cities Annual Conference.
After receiving notification that Council Member Bonilla Jr. would not be attending the October 10, 2025, General Assembly meeting, Council Member Syrop amended the motion to designate only Mayor Salinas as the City’s voting delegate, with no alternate. Council Member Goldstein seconded the motion. City Clerk Lens confirmed that this approach was appropriate due to registration requirements.
It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously to designate Mayor Salinas as the City’s delegate to Cal Cities and adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-169, “Resolution Designating a Voting Delegate as Hayward’s Representative to the Cal Cities 2025 Annual Conference”
13. Fiscal Year 2026 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2026 LB 25-028
Staff report submitted b y Human Resources Director Tecson , dated September 23, 2025, was filed.
Human Resources Director Tecson provided a synopsis of the staff report.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/83422731854?pwd=dL0rEaFa079u1ZAHSrRT6SEqDiUctv.1 Tuesday, September 23, 2025, 7:00 p.m.
In response to Council Member Roche ’s inquiry regarding clarification on the City’s legal contractual obligations to move forward with the raises given the current budget crisis, Human Resources Director Tecson explained that the increases stem from the MOU (Memorandum of Understanding) that was already negotiated and approved before the budget shortfall became clear, and that not honoring them would constitute bad faith bargaining. Interim City Manager Addleman affirmed the legal obligation, warning that failing to implement the agreements could result in a PERB (Public Employment Relations Board) charge.
In response to Council Member Andrews ’ inquiry about the obligation to approve salary increases, City Attorney Lawson indicated that the compaction-related provisions in the MOUs make the raise recommendation legally defensible and binding.
In response to Council Member Andrews’ inquiry on whether the Personnel Commission's role in reviewing proposed raises given the current budget situation is a legal requirement or best practice, Human Resources Director Tecson responded that the Hayward Municipal Code requires the Personnel Commission to review and recommend such items to City Council.
Council Member Roche clarified that her questions were not about the employee groups themselves but about understanding contractual obligations during the current budget crisis.
There being no speakers, Mayor Salinas opened and closed public comment at 9:27 p.m.
Council Member Zermeño moved the staff’s recommendation and Council Member Goldstein seconded the motion.
Council Member Syrop expressed that City Council salaries ensure political participation from working-class and historically excluded communities; acknowledged the cut as a largely symbolic act, but one that demonstrates leadership during a financial crisis; urged the City Council to focus staff time on addressing the larger budget deficit; affirmed his support for labor partners and acknowledged their contributions and dedication, while also accepting the City Council's responsibility for the current fiscal challenges; and called for collaborative, good-faith efforts moving forward with a shared -goal to restore the City’s long -term health and fiscal sustainability of the city and the wellbeing of residents.
Council Member Andrews thanked the City Council for leading by example in taking pay cuts; called on City staff to be more transparent about the true costs of proposed initiatives; urged staff to clearly communicate what is within their capacity and budget, and when external support from nonprofits or businesses may be necessary; and encouraged staff to maintain the current level of effort and communication every week moving forward.
12 | S e p t e m b e r 2 3, 2 0 2 5
Mayor Salinas reflected on past economic hardships, particularly during the 2010 recession when the City Council, Executive Team, and labor groups all stepped up with sacrifices; affirmed that th e current City Council is similarly committed to acting responsibly and leading by example during the current crisis; expressed optimism that the City Council, Executive Team, and labor partners are working collaboratively to find solutions; emphasized that the City Council is carefully scrutinizing every expenditure going forward; and reassured the community that the issue is being taken with the utmost seriousness.
It was moved by Council Member Zermeño, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBERS Bonilla Jr.
ABSTAIN: None
Resolution 25-170, “ Resolution Approving the Amended Fiscal Year 2026 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding Resolution No. 25-100 and All Amendments Thereto”
COUNCIL REPORTS AND ANNOUNCEMENTS
Mayor Salinas announced that the annual Mariachi Festival will be held at Southland Mall on September 28, 2025.
COUNCIL REFERRALS
There were none.
ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 9:30 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 25-433
DATE: October 7, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting the Resignation of Commissioner Dominique Dozier from the Library Commission, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Dominique Dozier, effective immediately.
SUMMARY
Commissioner Dominique Dozier was appointed to the Library Commission on September 12, 2023.
Dominique Dozier’s resignation becomes effective immediately, per her resignation letter (Attachment III).
Ms. Dominique’svacated position may be filled as part of the annual appointment process for the City’s appointed officials to commissions.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 1
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DATE: October 7, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt a Resolution Accepting the Resignation of Commissioner Dominique Dozier from the Library Commission, Effective Immediately.
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Dominique Dozier, effective immediately.
SUMMARY AND DISCUSSION
Commissioner Dominique Dozier was appointed to the Library Commission on September 12, 2023. Dominique Dozier’s resignation becomes effective immediately, per her resignation letter (Attachment III).
Ms. Dominique’s vacated position may be filled as part of the annual appointment process for the City’s appointed officials to commissions.
STRATEGIC ROADMAP
The agenda item is a routine operational item and does not relate to one of the City Council’s Strategic Initiatives.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-______
Introduced by Council Member ______________
RESOLUTION ACCEPTING THE RESIGNATION OF MS. DOMINIQUE DOZIER
FROM THE LIBRARY COMMISSION
WHEREAS, Ms. Dominique Dozier was appointed to the Library Commission on September 12, 2023; and
WHEREAS, Ms. Dominique Dozier submitted a letter of resignation on September 9, 2025.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the Council hereby accepts the resignation of Ms. Dominique Dozier; and commends her for her service to the City.
IN CITY COUNCIL, HAYWARD, CALIFORNIA _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: CITY COUNCIL MEMBERS:
MAYOR:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
From: Dominique Dozier
Sent: Tuesday, September 9, 2025 10:14 AM
To: Lindsey Vien <[email protected]>
Cc: Jina Kim <[email protected]>
Subject: RE: Grateful for My Time on the Commission
Dear Director Vien,
After much thought, I have decided to step down from the Library Commission. It has truly been an honor to serve and to witness the impact of the library on our community.
As I look ahead, I hope to pursue an educational doctorate this summer, and I know I need to dedicate time to preparing for that next step. While my time on the Commission is ending, I will also keep supporting the library by sharing events, cheering you on, and visiting whenever I can.
I was able to visit the Weeks Branch on the opening day and I was beyond thrilled to see how beautiful the library looked and how excited the patrons were.
I wish the library and the Commission continued success and look forward to seeing all the wonderful work ahead.
Best,
Dominique Dozier
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-437
DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with NHA Advisors, LLC, to Extend the Agreement and Increase the Contract Amount by $45,000, for a New Total Not-to-Exceed Amount of $195,000, for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Financial Consulting Services Related to the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with NHA Advisors, LLC (NHA) to extend the PSA and increase the contract amount by $45,000 for a total not-to-exceed amount of $195,000 for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and financial consulting services related to the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project (Phase II Project).
SUMMARY
The City entered into an agreement with NHA Advisors, LLC for professional services related to Water Infrastructure Finance and Innovation Act (WIFIA) loan application preparation and related consulting services, in an amount not to exceed $150,000. The City originally anticipated executing its WIFIA loan in April, 2025. However, the loan execution was put on hold by the EPA Administrator and Office of Management and Budget. Since the delay in WIFIA funding, NHA has continued assistance in providing additional funding scenarios and financial modeling. Staff now require continuing support services until the loan execution for the Phase II Project and recommends that City Council authorize the City Manager to extend the PSA and increase the PSA with NHA Advisors by $45,000 for a total not to exceed $195,000.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 2
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File #:CONS 25-437
CITY OF HAYWARD Printed on 10/2/2025Page 2 of 2
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DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with NHA Advisors, LLC, to Extend the Agreement and Increase the Contract Amount by $45,000, for a New Total Not-to-Exceed Amount of $195,000, for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Financial Consulting Services Related to the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project
RECOMMENDATION
That City Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with NHA Advisors, LLC (NHA) to extend the PSA and increase the contract amount by $45,000 for a total not-to-exceed (NTE) amount of $195,000 for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and financial consulting services related to the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project (Phase II Project).
SUMMARY
The City entered into an agreement with NHA Advisors, LLC for professional services related to Water Infrastructure Finance and Innovation Act (WIFIA) loan application preparation and related consulting services, in an amount not-to-exceed $150,000. The City originally anticipated executing its WIFIA loan in April, 2025. However, the loan execution was put on hold by the EPA Administrator and Office of Management and Budget. Since the delay in WIFIA funding, NHA has continued assistance in providing additional funding scenarios and financial modeling. Staff now require continuing support services until the loan execution for the Phase II Project and recommends that City Council authorize the City Manager to extend the PSA and increase the PSA with NHA Advisors by $45,000 for a total NTE $195,000.
BACKGROUND
WRRF was originally constructed in 1952 to treat wastewater flows from Hayward residents and businesses prior to discharge into the San Francisco Bay. Over the years, the facility has undergone several major upgrades to meet more stringent discharge requirements, as well as increasing capacity to meet the City’s growing population and industries. WRRF treats an average flow of approximately eleven million gallons per day and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay.
In May 2019, the San Francisco Bay Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the Bay. In June 2020, the City completed a comprehensive Master Plan update, the WPCF Phase II Facilities Plan (Facilities Plan). The Facilities Plan identifies the necessary improvements to upgrade the treatment process and meet the upcoming nutrient reduction requirements. On July 5, 20221, City Council authorized design and engineering services with Brown & Caldwell for the Phase II Project. On December 12, 20232, City Council authorized applying for the United States Environmental Protection Agency (EPA) WIFIA loan program.
The original scope of services (Exhibit A to the PSA) includes tasks related to project due diligence, preparation of the WIFIA loan application, the credit rating process, and the WIFIA loan closing/funding process. The WIFIA loan application is a two-step process, a Letter of Intent (LOI) and, if invited, a more comprehensive application. Both steps require information and documents demonstrating the borrower’s financial creditworthiness and are typically prepared by the City’s financial advisor. Following the submission of the LOI on January 31, 2024, the City was invited to prepare an application, which was submitted on July 12, 2024.
On October 8, 20243, City Council authorized the City Manager to execute Amendment No. 1 to the PSA with NHA Advisors to increase the contract by $45,000 for a not-to-exceed $195,000 for additional financial analysis and counsel through the close of the WIFIA loan.
These tasks are related to the evaluation of additional funding options, amending existing State Revolving Fund Agreements, additional scenario analysis and financial modeling, and enhanced coordination with Phase II Project team and bond counsel.
DISCUSSION
The City originally anticipated executing its WIFIA loan on April 11, 2025. However, the EPA notified the City on April 10, 2025, that the loan execution was put on hold by the EPA Administrator and Office of Management and Budget. If there is any movement by the EPA
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5714864&GUID=9ED75AE9-FFB6-4BC4-ACD9-915A6B3F458B 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6448360&GUID=CB5A4ECF-8AF0-49B8-B838-81002AFE119D 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=6885669&GUID=F1A030B7-82F9-42B4-842F-7727793FF7B9
to execute the WIFIA loan, it could require rapid action from the City, including financial related tasks that may be required to complete by NHA Advisors.
The existing agreement with NHA Advisors was originally set to expire on June 30, 2025.
Due to the delay in WIFIA funding, staff recommends that City Council authorize the City Manager to amend the existing PSA with NHA Advisors to extend the PSA to June 30, 2026, and to increase the contract by a negotiated amount of $45,000 for a not-to-exceed $195,000, should there be any action from the EPA to finalize the loan execution.
If request for the WIFIA loan is denied, then no further funds will be expended in this contract. Additionally, City Council will need to determine how to proceed with acquiring the remaining required funds, either through open market municipal bonds or otherwise.
ECONOMIC IMPACT
There is no direct economic impact associated with approving this item.
FISCAL IMPACT
This agenda item will not impact the General Fund.
The funding for this item will be allocated from the following projects in Sewer Improvement Fund 612, which is an enterprise fund:
Project Amount
WRRF New Administration Building & Lab Project No. 07786 $ 9,000 WRRF Phase II Improvements Project No. 07760 $ 36,000
Total $45,000
The projects listed above have sufficient funds to support the amendment to the PSA.
STRATEGIC ROADMAP
This agenda item supports several goals in City Council’s Strategic Roadmap. The WRRF Improvements – Phase II Project will increase the reliability of the City’s treatment plant and construct process improvements to meet more stringent nutrient discharge limits in accordance with upcoming regulatory requirements, while supporting the goals of the City Council. Specifically, this item relates to the implementation of the following projects:
1. Confront Climate Crises & Champion Environmental Justice.
2. Mitigate Climate Crisis Impacts through Resilient Design and Community Engagement Project C14b: Implement Shoreline Master Plan, including mitigating sea level rise in the industrial corridor through building requirements and outreach.
3. Invest in Infrastructure.
4. Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers Project N19: Update Water Pollution Control Facility Phase II Plan
SUSTAINABILITY FEATURES
The WRRF Improvements – Phase II Project will maintain and improve the health of the San Francisco Bay, which is a vital resource for the region and the State.
The effects and risks of rising sea water levels will be reviewed and incorporated into the design of the new facilities.
The Administration and Laboratory Building will be reviewed by the Building Division for conformance with State and local sustainability requirements and standards for energy efficiency, resource conservation, material recycling, etc. In addition, the building will be design and constructed to meet Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification, or better.
PUBLIC CONTACT
The project will include a City-hosted web page with periodic updates throughout the multi-year duration of the project.
NEXT STEPS
If approved, City Manager will be authorized to take the necessary steps to execute Amendment No. 2 to the existing PSA with NHA Advisors.
Prepared by: Elli Lo, Senior Management Analyst
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. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NHA ADVISORS,
LLC, TO EXTEND THE AGREEMENT AND INCREASE THE CONTRACT AMOUNT BY $45,000 FOR A TOTAL NOT TO EXCEED $1 95,000 FOR WATER
INFRASTRUCTURE FINANCE AND INNOVATION ACT (WIFIA) LOAN
APPLICATION AND FINANCIAL CONSULTING SERVICES RELATED TO THE WATER RESOURCE RECOVERY FACILTY (WRRF) IMPROVEMENTS – PHASE II
PROJECT
WHEREAS, the City entered into an Agreement with NHA Advisors, LLC on March 15, 2024 for professional services related to Water Infrastructure Finance and Innovation Act (WIFIA) loan application preparation and related consulting services , in an amount not to exceed $85,000; and
WHEREAS, on October 8, 2024 , City Council authorized the City Manager to execute amendment no. 1 to the PSA with NHA Advisors to increase the contract by $45,000 for a n amount not to exceed $195,000 for additional financial analysis and counsel through the close of the WIFIA loan; and
WHEREAS, the City originally anticipated executing its WIFIA loan on April 11, 2025; however, the EPA notified the City on April 10, 2025, that the loan execution was put on hold by the EPA Administrator and Office of Management Budget; and
WHEREAS, should there be any action from the EPA to finalize the loan execution , it could require rapid action from the City, including financial related tasks that may be required to complete by NHA Advisors; and
WHEREAS, the additional cost for such services has been negotiated at an amount not to exceed $45,000; and
WHEREAS, Sewer Improvement Fund 612, which is an enterprise fund, and related Capital Projects 07760 and 07786 have sufficient funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to execute, on behalf of the City of Hayward, Amendment No. 2 to extend the agreement to June 30, 2026, and to increase the contract by $45,000 for a total not to exceed $195,000, 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 25-438
DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Awarding a Construction Contract to G&G Builders, Inc., for the Design and Construction of a Shaded Structure within Prominence Landscape and Lighting Assessment District 3 in a Not-to-Exceed Amount of $180,000
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) awarding a construction contract to G&G Builders, Inc., (G&G) for the design and construction of the shade structure for Prominence Landscape and Lighting Assessment District (LLAD) 3 in an amount not to exceed $180,000.
SUMMARY
Maintenance Services’Landscape Division maintains eighteen (18) Landscape and Lighting Assessment Districts (LLAD) and two (2) Maintenance Districts (MD). On May 1, 2025, staff released a Request for Proposal (RFP) for the design, construction, and installation of a shaded structure in Prominence (LLAD 3) since the existing structure is at the end of its useful life. Unfortunately, all bids were rejected since they were incomplete. On July 14, 2025, staff released a revised RFP. On August 15, 2025, staff received and evaluated three (3) submitted proposals. Staff is recommending awarding a construction contract to G&G Builders (G&G) in an amount not to exceed $180,000.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 1
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DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adopt a Resolution Awarding a Construction Contract to G&G Builders, Inc., for the Design and Construction of a Shaded Structure within Prominence Landscape and Lighting Assessment District 3 in a Not -to-Exceed Amount of $180,000
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) awarding a construction contract to G&G Builders, Inc., (G&G) for the design and construction of the shade structure for Prominence Landscape and Lighting Assessment District (LLAD) 3 in an amount not to exceed $180,000.
SUMMARY
Maintenance Services’ Landscape Division maintains eighteen (18) Landscape and Lighting Assessment Districts (LLAD) and two (2) Maintenance Districts (MD). On May 1, 2025, staff released a Request for Proposal (RFP) for the design, construction, and installation of a shaded structure in Prominence (LLAD 3) since the existing structure is at the end of its useful life. Unfortunately, all bids were rejected since they were incomplete. On July 14, 2025, staff released a revised RFP. On August 15, 2025, staff received and evaluated three (3) submitted proposals. Staff is recommending awarding a construction contract to G&G Builders (G&G) in an amount not to exceed $180,000.
BACKGROUND AND DISCUSSION
An original feature of the Prominence development when it was originally constructed in the 1980’s, the existing shade structure, often called the Fox Hollow Drive Bus Stop, is beyond its useful life and is in a failing state of repair. To continue providing safe and attractive neighborhood amenities, staff released a RFP to install a new, more sustainable structure that will benefit the community for decades to come. Rather than using traditional wood construction, the enhanced structure will be constructed of steel with a rectangular gable roof and seating. The enhancements will provide a longer lifespan, improved ventilation, and efficient water drainage, while still being a space for leisurely activities.
On July 14, 2025, staff released a revised RFP after an unsuccessful attempt earlier in spring.
On August 15, 2025, staff received and evaluated three (3) submitted proposals. While all proposals had appealing designs and met the RFP’s minimum criteria, G&G submitted the most detailed proposal in line with staff expectations and estimates. Staff is recommending awarding a construction contract to G&G Builders (G&G) for $145,000 and a 25% contingency budget for a total not-to-exceed $180,000 amount.
G&G is a local, full-service general contractor that services all of California for both public and private entities. Recent public projects include recreational and facility structure projects for Sacramento, San Francisco, San Francisco Fire Department, Sonoma County Airport, Stockton Airport, Fremont Unified School District, Vallejo City Unified School District, and Oakland Unified School District.
This project is categorically exempt from environmental review under Section 15302 of the California Environmental Quality Act (CEQA) Guidelines for the replacement or reconstruction of an existing structure with the same size, purpose, and capacity. Likewise, because the construction cost estimate is less than $1,000,000, the Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), does not apply to this project.
FISCAL AND ECONOMIC IMPACT
Each LLAD collects tax assessments levied on the parcels within the community. LLAD 3 (Fund 268) has sufficient funds for this contract. This item has no impact on the General Fund.
The item provides environmental and social benefits by providing access to shade during recreational activities and warm days, and efficient drainage and ventilation. Replacing the structure, instead of a complete removal, provides an amenity to the community to increase property values.
STRATEGIC ROADMAP
This item is a routine operational item and does not directly support a Council’s strategic priority project. However, it does support the priority to Invest in Infrastructure.
PUBLIC CONTACT
The Division sought input from the Prominence Community through multiple direct mailers and a community meeting from August 2024 – March 2025. The majority vote was to replace the structure instead of complete removal. The first RFP was publicized from May – June 2025. The second RFP was publicized from July – August 2025.
NEXT STEPS
If Council approves this item, the City Manager will execute a construction contract with G&G Builders, Inc. in an amount not to exceed $180,000.
Prepared by: Manny Grewal, Management Analyst
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
________________________________________________
Jayanti Addleman, Interim City Manager
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member ____________
RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONSTRUCTION CONTRACT TO G&G BUILDERS, INC., FOR THE DESIGN AND
CONSTRUCTION OF THE SHADED STRUCTURE FOR PROMINENCE
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 3 IN AN AMOUNT NOT TO EXCEED $180,000
WHEREAS, the Landscape Maintenance Division maintains eighteen (18) Landscape and Lighting Assessment Districts (LLAD) and two (2) Maintenance Districts; and
WHEREAS, each District collects property tax assessments levied on the parcels within the community to fund specific operating and maintenance needs for its District; and
WHEREAS, on July 14, 2025, staff released a Request for Proposal (RFP) 26-003 for the design, construction, and installation of a shaded structure in Prominence (LLAD 3) since the existing structure was at the end of its useful life; and
WHEREAS, on August 15, 2025, staff received and evaluated three (3) bids; and
WHEREAS, staff recommends awarding the contract to G&G Builders, Inc., the lowest bidder, in an amount not to exceed $180,000; and
WHEREAS, Fund 268 has sufficient appropriated budget for this contract and will have no impact on the General Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to award a construction contract for Prominence Landscape and Lighting Assessment District 3 with G&G Builders, Inc. in a not -to-exceed amount of $180,000, in a form 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 25-440
DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Vacating the Former Whitesell Street Right-of-Way (with Reservation of Utility Easements), Declaring the City-Owned Portion and Adjacent Parcel Surplus Land, Authorizing Negotiation of Disposition, and Finding the Action Exempt from CEQA Review
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) vacating the former alignment of Whitesell Street right-of-way, with reservation of easements for the existing 15-inch storm drain line and 12-inch water main across the entire corridor, pursuant to the provisions of the Streets and Highways Code pertaining to vacation of streets; and declaring the City-owned portion of the vacated right-of-way together with the adjacent City-owned parcel located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street (acquired from 25500 Whitesell Street for the Whitesell Street realignment but left unused) as “Exempt Surplus Land” pursuant to the Surplus Land Act (Attachment III and Attachment IV). Additionally, authorize the City Manager to negotiate the disposition of this exempt surplus land to the adjoining property owner, and finding that declaring the property exempt surplus land and disposing of it are actions that are exempt from CEQA review.
SUMMARY
Surplus Land Act requires that when cities, counties, transit agencies and other local agencies sell or lease their land for periods exceeding 15 years, they must prioritize it for affordable housing development. The land must be declared either “Surplus” or “Exempt Surplus” as supported by written findings before a local agency may take any action to dispose of it. Exempt Surplus Land does not need to be offered to affordable housing developers prior to disposition. The governing board of a local agency may adopt a resolution declaring the property to be “Exempt Surplus Land” pursuant to Section 54221(f) (1) at a regular public meeting supported by written findings that the land is of one or more of the following types:
o Land is less than one-half acre (21,780 square feet) in area and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing.
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File #:CONS 25-440
o Surplus land is a former street right-of-way/easement and will be offered for merger with an adjoining property.
The subject properties (shown on Attachment IV) consist of:
· The easterly 0.32-acre half of the 0.64-acre former Whitesell Street right-of-way (shown on Attachment III), which the City owns as the adjacent property owner, subject to reservation of easements for the existing storm drain line and water main across the corridor; and · An adjacent fee parcel 0.48 acres (shown and called out on Attachment III) located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street, acquired in 2013 from 25500 Whitesell Street for the Whitesell Street realignment project but left unused.
Together, these properties total approximately 0.8 acres (shown in Attachment IV) The properties qualify as “Exempt Surplus Land” under the Surplus Land Act because the City’s portion of the former Whitesell Street right-of-way is a former street that will be offered for acquisition to the adjacent property owner, and the 0.48 acre parcel is less than ½ acre and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing.
California Streets and Highways Code section 8330(a) authorizes summary vacation of a street or highway that has been superseded by relocation, as is the case here. Additionally, Streets and Highways Code section 8340 authorizes a public entity to reserve from vacation of a street or highway, easements for sanitary sewers and storm drains, and pipe, conduit and other structures for the conveyance of water.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Vacation of Portion of Whitesell Street
Attachment IV Surplus Property Whitesell & Breakwater
CITY OF HAYWARD Printed on 10/2/2025Page 2 of 2
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DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Vacating the Former Whitesell Street Right -of-Way (with Reservation of Utility Easements), Declaring the City -Owned Portion and Adjacent Parcel Exempt Surplus Land, Authorizing Negotiation of Disposition, and Finding the Action Exempt from CEQA Review
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) vacating the former alignment of Whitesell Street right-of-way, with reservation of easements for the existing 15-inch storm drain line and 12-inch water main across the entire corridor, pursuant to the provisions of the Streets and Highways Code pertaining to vacation of streets; and declaring the City- owned portion of the vacated right-of-way together with the adjacent City-owned parcel located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street (acquired from 25500 Whitesell Street for the Whitesell Street realignment but left unused) as “Exempt Surplus Land” pursuant to the Surplus Land Act (Attachment III and Attachment IV). Additionally, authorize the City Manager to negotiate the disposition of this exempt surplus land to the adjoining property owner, and finding that declaring the property exempt surplus land and disposing of it are actions that are exempt from CEQA review.
SUMMARY
Surplus Land Act1 requires that when cities, counties, transit agencies and other local agencies sell or lease their land for periods exceeding 15 years, they must prioritize it for affordable housing development. The land must be declared either “Surplus” or “Exempt Surplus” as supported by written findings before a local agency may take any action to dispose of it. Exempt Surplus Land does not need to be offered to affordable housing developers prior to disposition. The governing board of a local agency may adopt a resolution declaring the property to be “Exempt Surplus Land” pursuant to Section 54221(f)(1) at a regular public meeting supported by written findings that the land is of one or more of the following types:
1 Govt. Code Sections 54220 - 54234
o Land is less than one-half acre (21,780 square feet) in area and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing.
o Surplus land is a former street right-of-way/easement and will be offered for merger with an adjoining property.
The subject properties (shown on Attachment IV) consist of:
The easterly 0.32-acre half of the 0.64-acre former Whitesell Street right-of-way (shown on Attachment III), which the City owns as the adjacent property owner, subject to reservation of easements for the existing storm drain line and water main across the corridor; and
An adjacent fee parcel 0.48 acres (shown and called out on Attachment III) located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street, acquired in 2013 from 25500 Whitesell Street for the Whitesell Street realignment project but left unused.
Together, these properties total approximately 0.8 acres (shown in Attachment IV)
The properties qualify as “Exempt Surplus Land” under the Surplus Land Act because the City’s portion of the former Whitesell Street right-of-way is a former street that will be offered for acquisition to the adjacent property owner, and the 0.48 acre parcel is less than ½ acre and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing.
California Streets and Highways Code section 8330(a) authorizes summary vacation of a street or highway that has been superseded by relocation, as is the case here. Additionally, Streets and Highways Code section 8340 authorizes a public entity to reserve from vacation of a street or highway, easements for sanitary sewers and storm drains, and pipe, conduit and other structures for the conveyance of water.
BACKGROUND
In 2013, the City entered into a purchase and sale agreement2 with Rohm and Haas Company, the then-owner of 25500 Whitesell Street, to acquire land needed for the I-880/SR-92 Reliever Route and the realignment of Whitesell Street. As part of that transaction, the City obtained a portion of the property that was not ultimately required for the new street alignment. This remnant parcel, located between Breakwater Avenue and the current alignment of Whitesell Street (approximately 0.48 acres called out and shown in in Attachment III), has remained in City ownership since completion of the realignment project.
2 Purchase and Sale Agreement
The 2013 agreement between the City and Rohm and Haas contemplated use of the acquired land for transportation improvements associated with the Whitesell Street realignment, and the subject parcel remains a remnant from that acquisition.
In addition to this remnant parcel (approximately 0.48 acres), as a consequence of the 2013 transaction with Rohm and Haas, the City obtained fee ownership of the easterly half of the 0.64 acres shown on Attachment III, since the City became the adjoining owner to the east. The easterly half of the vacated right-of-way totals 0.32 acres and is shown on Attachment IV. The right-of-way was originally dedicated to the public through Tract 3213 in 1971. Together, the City-owned properties (the remnant fee parcel and the easterly half of the vacated right-of-way) will total about 0.8 acres and are shown on Attachment IV.
The adjoining property owner has expressed interest in acquiring and consolidating the City’s parcel, together with the old Whitesell right-of-way, into their existing holdings. Price negotiations for the City parcel will take place if the City Council declares the property to be “Exempt Surplus Land.”
The old Whitesell Street right-of-way contains existing City-owned public utilities, including a 15-inch storm drain line and a 12-inch water main, as depicted in Attachment III. These facilities are located within the right-of-way under public easement rights. Any future vacation of the right-of-way and consolidation of the land for private development will require that these utilities be appropriately relocated to the current Whitesell Street right-of-way at the developer’s expense, subject to review and approval by the City.
DISCUSSION
The former Whitesell Street right-of-way is eligible for vacation because it has been superseded by the I-880/SR-92 Reliever Route project that included the realignment of Whitesell Street. The resolution of vacation will include the necessary reservations to preserve easements for existing storm drain and water lines.
The City-owned properties associated with the former Whitesell Street alignment are eligible to be declared “Exempt Surplus Land” because of the following:
The 0.48 acre city-owned remainder parcel is eligible to be declared exempt surplus land as provided in Government Code section 54221(f)(1)(B) because it is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing. The portion of the former Whitsell Street right-of-way owned in fee by the City is eligible to be declared exempt surplus land as provided in Government Code section 54221(f)(1)(E) because it is a former street right-of-way or easement which will be offered to the owner of the adjoining property.
As provided in the 2024 amendments to the Surplus Land Act3, an “Exempt Surplus Land” designation means the property need not be made available for low- or moderate-income housing, and no notification is required to the California Department of Housing and Community Development (HCD) regarding its availability for that use.
ECONOMIC IMPACT
Potential merger of the City-owned parcel with the adjoining industrial property at 3832 Bay Center Place would enable the applicant to enlarge the development footprint of their proposed project. The developer has already submitted a Conceptual Development Review application that includes demolition of existing buildings and construction of a new 132,410 square foot industrial building. Incorporation of the City’s remnant parcel, together with the vacated old Whitesell Street right-of-way, into the project site will allow a more efficient site design, expanded circulation, and increased building coverage. The proposed project represents additional private investment in modernizing industrial facilities in Hayward’s Industrial Park district.
By facilitating consolidation of the remnant parcel into the planned development, the City will enable a more viable project that enhances the economic vitality of the Bay Center Place area while ensuring that underutilized City-owned land is returned to productive use.
FISCAL IMPACT
If approved the City-owned parcel located between Breakwater Avenue and the current alignment of Whitesell Street together with the eastern half of the vacated old Whitesell Street right-of-way would be offered to the adjoining property owner at 3832 Bay Center Place for a negotiated price. Sale of this Exempt Surplus property will generate one-time revenue to the City’s General Fund that can be used to support local programs and services.
The fair market value of the parcel will be established by an independent property appraiser retained by the Director of Public Works. This appraised value will guide the City-retained real estate professional in negotiating the sale price with the adjoining property owner.
A larger consolidated parcel will support higher-value improvements, expand the City’s property tax base, and generate increased development impact fees and utility connection revenues. Once operational, the new building will attract businesses that contribute to employment opportunities, sales tax revenues, and broader economic activity within the City.
Any required relocation of existing City-owned utilities from the old Whitesell Street right- of-way will be the responsibility of the developer and will not create a fiscal impact on the City.
3 CA AB480
STRATEGIC ROADMAP
This agenda item supports the City’s FY 20254 Strategic Roadmap priorities to Grow the Economy and Invest in City-Owned Property. The Roadmap emphasizes that “Hayward attracts new, higher-paying jobs, allowing existing and new residents to live and work in the same community” and calls for investment in City-owned facilities and property.
Declaring the parcel as Exempt Surplus Land and enabling its disposition to the adjoining developer aligns with these goals by returning underutilized public land to productive use, strengthening the local tax base, and supporting economic growth.
SUSTAINABILITY FEATURES
There are no Sustainability Features associated with this item.
CEQA COMPLIANCE
The vacation of the right of way, designation of the vacated street right-of-way and 0.48 remainder parcel as exempt surplus land, and contemplated disposition of the surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.
NEXT STEPS
If Council approves, staff will proceed with the appraisal and negotiations for the sale of the City-owned properties (the remnant fee parcel and the easterly half of the vacated Whitesell Street right-of-way) to the adjoining property owner at 3832 Bay Center Place with the following conditions:
1. The City will negotiate with the owner of 3832 Bay Center Place regarding disposition of the City-owned properties (Attachment IV). Any sale will be contingent on mutually acceptable terms, including but not limited to addressing relocation of existing City- owned storm drain and water utilities that are located within the old Whitesell Street right-of-way. If negotiations do not result in acceptable terms, the City will retain ownership of the parcel.
2. As part of the vacation action, the City will reserve easements across the entire corridor for existing utilities. Relocation of these facilities will be at the developer’s expense subject to City review and approval.
4 FY2025 Strategic Roadmap
Prepared by: Saeed Saebi, Senior Civil Engineer
Reviewed by: Dave Hung, Acting Deputy Director of Public Works
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 VACATING THE FORMER WHITESELL STREET RIGHT -OF-WAY (WITH RESERVATION OF UTILITY EASEMENTS), DECLARING THE CITY -
OWNED PORTION OF THE FORMER RIGHT -OF-WAY AND ADJACENT CITY-
OWNED PARCEL EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221 , AUTHORIZING NEGOTIATION OF DISPOSITION, AND
FINDING THE ACTION EXEMPT FROM CEQA REVIEW
WHEREAS, California Streets and Highways Code section 8330(a) authorizes summary vacation of a street or highway that has been superseded by relocation; and
WHERAS, Streets and Highways Code section 8 340 authorizes a public entity to reserve from vacation of a street or highway, easements for sanitary sewers and storm drains, and pipe, conduit and other structures for the conveyance of water; and
WHEREAS, California Government Code section 54221(f)(1)(E) specifies that surplus land that is a former street, right -of-way, or easement, and is conveyed to an owner of an adjacent property is exempt from the requirements of the Surplus Land Act; and
WHEREAS, Government Code section 54221(f)(1)(B) specifies that surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes is exempt from the requirements of the Surplus Land Act; and
WHEREAS, in 2013 the City of Hayward acquired a portion of the property at 25500 Whitesell Street from Rohm and Haas Company to facilitate the I-880/SR-92 Reliever Route and the realignment of Whitesell Street; and
WHEREAS, as part of that transaction the City obtained a remnant parcel (see Attachment IV), approximately 0.48 acres (20,900 square feet) in size, located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street, which was not required for the street realignment project and remains under City ownership; and
WHEREAS, as a result of the transaction, the City acquired fee title to the easterly half (approximately 0.32 acres) of the former Whitesell Street right -of-way as the adjoining owner to the east (see Attachment III and IV) , resulting in total City ownership of approximately 0.8 acres (the remnant parcel and the easterly half of the vacated right -of- way); and
WHEREAS, the City’s Director of Public Works has received interest from the adjoining property owner at 3832 Bay Center Place to acquire the City -owned properties for consolidation with their existing industrial holdings, in connection with a proposed industrial development project; and
WHEREAS, the former Whitesell Street right -of-way described herein is surplus and has been superseded by relocation and is no longer needed for street or other city purposes; and
WHEREAS, the 0.48 acre city -owned remainder parcel is surplus and no longer needed for city purposes; and
WHEREAS, the portion of the former Whitsell Street right-of-way owned in fee by the City is eligible to be declared exempt surplus land as provided in Government Code section 54221(f)(1)(E) because it is a former street right -of-way or easement which will be offered to the owner of the adjoining property; and
WHEREAS, the 0.48 acre city -owned remainder parcel is eligible to be declared exempt surplus land as provided in Government Code section 54221(f)(1)(B) because it is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing; and
WHEREAS, the former Whitesell Street right-of-way owned in fee by the City and the
0.48 acre remainder parcel are not located wit hin a coastal zone, are not adjacent to a historical unit of the State Parks System, are not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, and are not within the Lake Tahoe region as defined in section 66905.5 of the Government Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby finds and declares as follows:
1. The former alignment of the Whitesell Street right-of-way described in Attachment III and IV is vacated pursuant to Streets and Highways Code section 8330(a) as being superseded by relocation.
2. The public convenience and necessity requires that the vacation be subject to reservation and exception of easements pursuant to Streets and Highways Code sections 8340 and 8341 to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across the street or highway proposed to be vacated and, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits and other convenient structures, equipment, and fixtures for the transportation or distribution of water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated, specifically, the existing 15-inch storm drain line and 12-inch water main.
3. The city-owned portion of the former alignment of the Whitesell Street right-of- way is declared exempt surplus land pursuant to Government Code section 54221(f)(1)(E) because it is a former street, right-of-way, or easement that will be offered to the owner of the adjacent property.
4. The 0.48-acre city-owned remainder parcel is declared exempt surplus land as provided in Government Code section 54221(f)(1)(B) because it is less than one- half acre in area and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing.
5. Both city-owned properties that have been declared exempt surplus herein are not located within a coastal zone, are not adjacent to a historical unit of the State Parks System, are not listed on, or determined by the State Office of Historic Preservation to be eligible for , the National Register of Historic Places, and are not within the Lake Tahoe region as defined in section 66905.5 of the Government Code.
BE IT FURTH ER RESOLVED, the City Clerk is directed to file a certified copy of this resolution, attested by the City Clerk under seal, with recorder of the County of Alameda.
BE IT FURTHER RESOVLED, that the from the date of recordation of this resolution, the former alignment of the Whitesell Street right-of-way vacated herein shall no longer be a street right-of-way.
BE IT FURTHER RESOLVED, that the City Manager, City Clerk, or their designee, are authorized to take any additional actions necessary to comply with the requirements of the Surplus Land Act and Surplus Land Act Guidelines, including but not limited to filing a copy of this resolution with the California Department of Housing and Community Devel opment (HCD).
BE IT FURTHER RESO LVED that the City Council authorizes the City Manager to negotiate the disposition of this Exempt Surplus Land to the adjoining property owner, subject to applicable City procedures and requirements.
BE IT FURTHER RESOLVED, that the vacation of the right of way, designation of the vacated street right -of-way and 0.48 remainder parcel as exempt surplus land , and contemplated disposition of the surplus land does not have the potential for creating a significant effect on the environment and is therefore exe mpt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Reference is hereby made to the map s attached hereto as Attachment III (depicting the 0.64 acres former Whitesell Street right -of-way to be vacated) and Attachment IV (depicting the 0.48 acres City-owned fee parcel together with the easterly 0.32 acres half of the 0.64 acres vacated right-of-way subject to disposition under the Surplus Land Act), which are also on file in the office of the City Clerk; and City Clerk is authorized and directed to cause a certified copy of this resolution to be recorded in the office of the Alameda County Recorder.
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
1 2
3 ATTACHMENT IV
1 2
3 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-441
DATE: October 7, 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 Woodard & Curran for the Preparation of a Sewer Collection System Master Plan in a Not-to-Exceed Amount of $601,872
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement (PSA) with Woodard & Curran for the preparation of a Sewer Collection System Master Plan in an amount not to exceed $601,872.
SUMMARY
On April 23, 2025, the City of Hayward (City) issued a Request for Proposal (RFP), through the City’s OpenGov procurement portal, for a consultant to work collaboratively with City staff to prepare a Sewer Collection System Master Plan. The consultant is expected to provide highly skilled technical engineering services to develop a document evaluating the current and future capacity needs of the City’s sewer system and identifying short- and long-term capital improvements. Staff completed an extensive review process of all proposals submitted by the June 20, 2025, deadline, and recommends Woodard & Curran to prepare the Master Plan. Staff’s evaluation criteria included demonstrated expertise and experience in sewer collection system and master plans, team cohesion, and reasonableness of the level of labor effort and overall cost to complete the project.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 1
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DATE: October 7, 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 Woodard & Curran for the Preparation of a Sewer Collection System Master Plan in a Not-to-Exceed Amount of $601,872
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement (PSA) with Woodard & Curran for the preparation of a Sewer Collection System Master Plan in an amount not to exceed $601,872.
SUMMARY
On April 23, 2025, the City of Hayward (City) issued a Request for Proposal (RFP), through the City’s OpenGov procurement portal, for a consultant to work collaboratively with City staff to prepare a Sewer Collection System Master Plan. The consultant is expected to provide highly skilled technical engineering services to develop a document evaluating the current and future capacity needs of the City’s sewer system and identifying short- and long-term capital improvements. Staff completed an extensive review process of all proposals submitted by the June 20, 2025, deadline, and recommends Woodard & Curran to prepare the Master Plan. Staff’s evaluation criteria included demonstrated expertise and experience in sewer collection system and master plans, team cohesion, and reasonableness of the level of labor effort and overall cost to complete the project.
BACKGROUND
The City owns and operates its own sanitary sewer collection system, which includes approximately 322 miles of gravity sewers, 4 miles of force mains, and 9 lift stations. The City’s sewer service area includes approximately 36,000 accounts, made up of residential, commercial, and industrial users. The City has an average wastewater flow of approximately 10 million gallons per day (mgd). The peak daily flow in recent years was
33.6 mgd, which was recorded during the unprecedently large storms on December 31, 2022, with hourly peak flows near 50 mgd.
The City last updated its Sewer Collection System Master Plan in 2015. Since that time, nearly all the capital improvements recommended in the 2015 Master Plan have been completed. These master plans are generally updated about every ten years to assess current system performance and identify future capital improvement needs. Additionally, as part of the City’s Water Infrastructure Finance and Innovation Act (WIFIA) application to the United States Environmental Protection Agency, the City expressed its intent to update the sewer master plan during calendar year 2025.
DISCUSSION
The Sewer Collection System Master Plan will update the City’s sewer hydraulic model to include recent improvements, adjust the model based on updated flow data, and recommend short- and long-term capital improvements needed to convey current and future wastewater flows. To obtain flow data, 23 flow meters and 3 rain gauges will be installed for a minimum of two months at various locations throughout the City. The data we collect will help us update the sewer model and better understand the flow levels through the sewer system. This will help us evaluate how much wastewater flows the sewer system can handle during dry (non-rainfall) and rainy weather and identify improvements where needed.
On April 23, 2025, an RFP was advertised and issued for a Sewer Collection System Master Plan update. On June 20, 2025, the RFP submittal deadline, the City received four (4) proposals from Carollo Engineers, HydroScience Engineers, West Yost Associates, and Woodard & Curran. Based on the project tasks and evaluation criteria set forth in the RFP, Woodard & Curran’s proposal was ranked highest with an average score of 93.3 out of a total of 100 points.
While each firm is highly qualified and assembled strong teams for this project, staff recommends Woodard & Curran for demonstrating the best combination of qualifications and responsiveness to the City’s RFP Scope of Work and related criteria. Cost was not the deciding factor for staff’s recommendation; however, Woodard & Curran proposed a reasonable number of labor hours and competitive hourly rates. The firm focuses on water and wastewater related projects and has developed recent similar Sewer Master Plans for numerous cities and agencies in the San Francisco Bay Area. Furthermore, their team is experienced in InfoWorks ICM, which is the same software the City uses to model its sewer system. Given the scope of work, staff has negotiated with Woodard & Curran a total not-to- exceed contract amount of $601,872.
Execution of a PSA with Woodard & Curran will allow the City to proceed with the development of a Sewer Collection System Master Plan. The Master Plan is tentatively scheduled for completion in January 2027.
ECONOMIC IMPACT
The Sewer Collection System Master Plan is for planning purposes only. However, the Master Plan will provide recommendations for capital improvements to the City’s sewer system, which is part of an effort to, pursuant to Council direction, modernize and upgrade existing infrastructure. A robust and reliable sewer infrastructure can help foster economic development and viability within the City.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority 4: Invest in Infrastructure, though it is not a specific project on the Strategic Roadmap.
FISCAL IMPACT
The breakdown of the project costs is as follows:
Engineering Services (Consultant) $601,872
Project Administration (Estimated) $48,128
Total $650,000
The Adopted FY26 Capital Improvement Program budget includes $650,000 in Sewer Collection System Master Plan Project No. 07819 within the Sewer Improvement Replacement Fund (Fund 612), which is an enterprise fund and is adequate to fund the project.
There is no General Fund Impact.
SUSTAINABILITY FEATURES
The Sewer Collection System Master Plan will evaluate the current and future capacity needs of the City’s sewer system and identify short- and long-term capital improvements.
These improvements minimize the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways.
PUBLIC CONTACT
The RFP was publicly posted on the City’s OpenGov procurement portal 1 on April 23, 2025.
1 https://www.hayward-ca.gov/business/doing-business-with-hayward/rfps-rfqs
NEXT STEPS
If Council approves this item, staff will prepare and execute a Professional Services Agreement (PSA) with Woodard & Curran for preparation of a Sewer Collection System Master Plan.
Prepared by: Tay Nguyen, Senior Utilities Engineer
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 EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH WOODARD & CURRAN FOR
THE PREPARATION OF A SEWER COLLECTION SYSTEM MASTER PLAN IN AN AMOUNT NOT TO EXCEED $601,872
WHEREAS, the City owns and operates its own sanitary sewer collection system, which includes approximately 322 miles of gravity sewers, 4 miles of force mains, and 9 lift stations; and
WHEREAS, the City seeks to develop a document evaluating the current and future capacity needs of the City’s sewer system and identifying short - and long -term capital improvements; and
WHEREAS, technical engineering assistance is needed for the preparati on of the Sewer Collection System Master Plan; and
WHEREAS, on April 23 , 202 5, the City solicited proposals from qualified engineering consultants to assist the City in the preparation of the Sewer Collection System Master Plan; and
WHEREAS, on June 20, 2025, four (4) proposals were received and evaluated, and based on evaluation criteria included in the Request for Proposal 25-052, Woodard & Curran was ranked the highest with an average score of 93.3 out of a maximum total of 100 points; and
WHEREAS, funds are available in the Adopted FY26 Capital Improvement Program budget, which includes $650,000 in Sewer Collection System Master Plan Project No. 07819 within the Sewer Improvement Replacement Fund (Fund 612), which is an enterprise fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a Professional Services Agreement with Woodard & Curran, for technical engineering services in an amount not to exceed $601,872, in a form to be 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 25-447
DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Adopt Resolutions to Execute the following Side Letter of Agreements between the City of Hayward and the Hayward Fire Chiefs’Association (“HFCA”):Voluntary Employee Beneficiary Association (VEBA) Plan Side Letter of Agreement; Memoranda of Understanding (MOU), Section 12.01 Fire Education Incentive Program Side Letter of Agreement; MOU, Sections 13.06 and 13.07 Emergency Medical Technician (EMT) Certification/Emergency Medical Technician Paramedic (E.M.T.P.) Side Letter of Agreement
RECOMMENDATION
That the City Council adopts the resolutions (Attachments II, III, and IV) for the side letter of agreements amending Hayward Fire Chiefs’ Association (HFCA) VEBA participation p; MOU, Section
12.01 Fire Education Incentive Program; MOU, Section 13.06 Emergency Medical Technician (EMT) Certification; and MOU, Section 13.07 Emergency Medical Technician Paramedic Certification (E.M.T.P.).
SUMMARY
A recent review of the MOU between the City and the HFCA, covering the contract term from July 1, 2024, through June 30, 2029, identified several discrepancies requiring updates. Specifically, revisions are needed to the VEBA side letter of agreement, an extension of the Education Incentive coverage period beyond the current contract, and the removal of expired language related to Paramedic Pay.
The update to the VEBA side letter of agreement is required to ensure compliance with IRS rules. The City has also identified discrepancies in MOU Section 12.01 (Fire Education Incentive Program), Section 13.06 (Emergency Medical Technician Certification), and Section 13.07 (Emergency Medical Technician Paramedic Certification). These appear to be oversights, as the original intent was to update the language during the most recent contract negotiations for the term July 1, 2024, through June 30, 2029. To address this, the City proposes correcting these provisions to ensure that eligible HFCA members are not negatively impacted upon retirement.
ATTACHMENTS
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 2
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File #:CONS 25-447
Attachment I Staff Report
Attachment II Resolution - VEBA Side Letter
Attachment III Resolution - Education Incentive
Attachment IV Resolution - Paramedic Pay
Attachment V Side Letter of Agreement - VEBA
Attachment VI Side Letter of Agreement - Education Incentive Pay Attachment VII Side Letter of Agreement - Paramedic Pay CITY OF HAYWARD Printed on 10/2/2025Page 2 of 2
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DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT: Adopt Resolutions to Execute the following Side Letter of Agreements between the City of Hayward and the Hayward Fire Chiefs ’ Association ( “HFCA”):
Voluntary Employee Beneficiary Association ( VEBA) Plan Side Letter of Agreement; Memoranda of Understanding (MOU), Section 12.01 Fire Education Incentive Program Side Letter of Agreement ; MOU, Sections 13.06 and 13.07 Emergency Medical Technician (EMT) Certifi cation/Emergency Medical Technician Paramedic (E.M.T.P.) Side Letter of Agreement
RECOMMENDATION
That the Council adopts the resolution s (Attachments II, III, and IV) for the side letter of agreements amending Hayward Fire Chiefs’ Association (HFCA) VEBA participation p; MOU, Section 12.01 Fire Education Incentive Program ; MOU, Section 13.06 Emergency Medical Technician (EMT) Certifica tion; and MOU, Section 13.07 Emergency Medical Technician Paramedic Certification (E.M.T.P.).
BACKGROUND
A recent review of the MOU between the City and the HFCA, covering the contract term from July 1, 2024, through June 30, 2029, identified several discrepancies requiring updates.
Specifically, revisions are needed to the VEBA side letter of agreement, an extension of th e Education Incentive coverage period beyond the current contract, and the removal of expired language related to Paramedic Pay.
The update to the VEBA side letter of agreement is required to ensure compliance with IRS rules. Th e City has also identified discrepancies in MOU Section 12.01 (Fire Education Incentive Program), Section 13.06 (Emergency Medical Technician Certification), and Section
13.07 (Emergency Medical Technician Paramedic Certification). These appear to be oversights, as the original intent was to update the language during the most recent contract negotiations for the term July 1, 2024, through June 30, 2029. To address this, the City proposes correcting these provisions to ensure that eligible HFCA members are not negatively impacted upon retirement.
DISCUSSION
The City and the Union have met and discussed in good faith and agree to amend the VEBA side letter of agreement, MOU, Section 12.01 Fire Education Incentive Program, to retroactively cover the period beginning July 1, 2007, thr ough June 30, 2024, and extends through the duration of the current MOU period of July 1, 2024, through June 30, 2029. MOU, Section 13.06 Emergency Medical Technician (EMT) Certification, and MOU, Section 13.07 Emergency Medical Technician Paramedic Certification (E.M.T.P.), for the current MOU period of July 1, 2024, through June 30, 2029.
The VEBA side letter of agreement between the City of Hayward and HFCA allows eligible employees to accumulate funds in a tax -exempt trust to pay qualified medical exp enses, including certain post-retirement benefits. The City does not contribute to employee VEBA accounts. This amendment updates the side letter to accurately reflect the current provisions for required enrollment and participation, in compliance with IRS rules.
The side letter of agreement between the City of Hayward and HFCA amends MOU Se ction
12.01 (Fire Education Incentive Program) to retroactively cover the period from July 1, 2007, through June 30, 2024, and extends through the current MOU term of J uly 1, 2024, through June 30, 2029. Previous versions of this section tied the education benefit to years of service with the City, a structure that did not meet the requirements for special compensation under CalPERS regulations. In 2024, the language was amended to remove the years -of-service component; however, the amendment did not specify retroactive application. This side letter corrects that oversight to ensure that retiring members have all eligible compensation appropriately counted toward their retirement income.
The side letter of agreement between the City of Hayward and HFCA amends MOU Section 13.06 (Emergency Medical Technician Certification) and Section 13.07 (Emergency Medical Technician Paramedic Certification). The current MOU does not acc urately reflect the agreement reached effective July 1, 2018, to roll the special pay fo r eligible employees with EMT and/or E.M.T.P. certification into base salary, with no separate special pay provided. No member of the unit has received compensation bey ond the amount already incorporated into base salary; therefore, no overpayments have occurred. This side letter ensures that the MOU language is consistent with the established agreement and long-standing City practice.
FISCAL IMPACT
There is no fiscal impact associated with this report.
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
NEXT STEPS
Human Resources staff will work with CalPERS to address any related issues resulting from the amendments herein.
Prepared by: Marisa Guerrero, Human Resources Manager
Recommended by: Ian Tecson, Director of Human Resources
Approved by:
_______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-______
Introduced by Council Member_________
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HAYWARD AND THE HAYWARD FIRE CHIEFS’ ASSOCIATION (HFCA), TO REFLECT THE VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) PLAN (“PLAN”)
WHEREAS, the City and HFCA agree that City will make available for HFCA members a VEBA Plan to enable eligible employees to accumulate funds in a tax -exempt trust from which qualified medical expenses can be paid, including certain post -retirement medical expenses benefits accounts; and
WHEREAS, the proposed change requires all employees who are members of HFCA to participate in the plan through bi -weekly payroll deduction of fifty dollars ($50.00) per pay period effective July 1, 2024; and
WHEREAS, this Side Letter agreement supersedes all previous VEBA Side Letter agreements.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the amendment to the MOU and authorizes staff to execute said agreements, a copy of which will be on file in the Office of the City Clerk.
IN COUNCIL, HAYWARD, CALIFORNIA , 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-______
Introduced by Council Member _________
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU), SECTION 12.01 FIRE EDUCATION INCENTIVE
PROGRAM BETWEEN THE CITY OF HAYWARD AND THE HAYWARD FIRE CHIEFS’ ASSOCIATION (HFCA), TO CORRECTLY REFLECT A RETROACTIVE
PERIOD TO COVER PREVIOUS MOU CONTRACT AGREEMENTS, BEGINNING JULY 1, 2007, THROUGH JUNE 30, 202 4, AND WHICH CURRENTLY COVERS THE MOU PERIOD BEGINNING JULY 1, 2024 THROUGH JUNE 30, 2029
WHEREAS, CalPERS determined that the impacts and effects of the previous MOU language did not allow for the education incentive to be counted as pensionable compensation. Subsequently, the MOU provision was corrected during the previous contract negotiation process to remove the requirement of having five (5) years in the Fire Service before a member was eligible to participate in the education incentive program. The current MOU, Section 12.01 Fire Education Incentive Program between the City of Hayward and the HFCA, was amended during negotiations and correctly reflects the education incentive benefit; and
WHEREAS, this amendment now includes the coverage period for previous MOU, Section 12.01 Fire Education Incentive Program, beginning July 1, 2007, through June 30, 2024, between the City of Hayward and the HFCA.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the correction to the MOU, Section 12.01 Fire Education Incentive Program between the City of Hayward and the HFCA, to cover the period retroactively for the period beginning July 1, 2007, through June 30, 2024, and authorizes staff to execute said agreement s, a copy of which will be on file in the Office of the City Clerk.
ATTACHMENT III
IN COUNCIL, HAYWARD, CALIFORNIA , 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT IV
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-______
Introduced by Council Member ____________
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU), SECTION 13.06 EMERGENCY MEDICAL TECHNICIAN (EMT) CERTIFICATION, 13.07 EMERGENCY MEDICAL TECHNICIAN PARAMEDIC (E.M.T.P.) CERTIFICATION BETWEEN THE CITY OF HAYWARD AND THE HAYWARD FIRE CHIEFS’ ASSOCIATION (HFCA), TO CORRECTLY REFLECT EFFECTIVE JULY 1, 2018 , NO ADDITIONAL SPECIAL
PAY FOR THESE CERTIFICATIONS IS PROVIDED
WHEREAS, the current MOU, Section 13.06 Emergency Medical Technician (EMT) Certification between the City of Hayward and the HFCA, incorrectly reflects a two percent (2%) premium pay for possession of an EMT certification; and
WHEREAS, the current MOU, Section 13.07 Emergency Medical Technician Paramedic Certification (E.M.T.P.) between the City of Hayward and the HFCA, incorr ectly reflects an eight percent (8%) additional premium pay for possession of an E.M.T.P certification; and
WHEREAS, effective July 1, 2018, ten percent (10%) [eight percent (8%) E.M.T.P. and two percent (2%) EMT] was rolled into the base salaries of all eligible employees and no additional special pay for these certifications is provided; and
WHEREAS the proposed change will correct Section 13.06 and Section 13.07 of the HFCA MOU to reflect this change.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the correction to the MOU, Section 13.06 Emergency Medical Technician (EMT) Certification and Section 13.07 Emergency Medical Technician Paramedic Certification (E.M.T.P.) provision for the period beginning on July 1, 2024 , extended through June 30, 202 9, and authorizes staff to execute said agreements, a copy of which will be on file in the Office of the City Clerk.
ATTACHMENT IV
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 V
Attachment V
Attachment V
Attachment VI
Attachment VI
Attachment VI
Attachment VI
Attachment VI
Attachment VII
Attachment VII
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 25-035
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 1
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 25-003
DATE: October 7, 2025
TO: Mayor and City Council
FROM: City Attorney
SUBJECT
Hayward Municipal Code Chapter 2, Article 13: Review of Campaign Finance Regulations, including campaign expenditures and contributions, as the City converts from At-Large Council Elections to District Elections Starting in 2026
RECOMMENDATION
That the City Council receives this report providing information and possible options to consider updating and amending the City’s campaign finance regulations with a specific emphasis on campaign expenditures and contributions as the City converts from at-large Council elections to Council district elections, starting with two districts in 2026 and subsequently four districts in 2028.
SUMMARY
In 2024, the City initiated a detailed and lengthy process to convert its at-large elections for the six members of the City Council to district elections. The office of Mayor remains at large. Conversion to City Council districts is staggered, with Districts 1 and 6 up in November 2026, and Districts 2, 3, 4 and 5 up in November 2028.
The purpose of this work session is for the City Council to consider whether the campaign finance regulations should be adjusted in light of the conversion to district-based elections. Relevant to the analysis is Hayward’spopulation, 162,500, as presented during the district conversion process and based on the 2020 census. There are approximately 27,000 residents in each of the six districts.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 10/2/2025Page 1 of 1
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DATE: October 7, 2025
TO: Mayor and City Council
FROM: City Manager
SUBJECT: Hayward Municipal Code Chapter 2, Article 13 : Review of Campaign Finance Regulations, including campaign expenditures and contributions, as the City converts from At-Large Council Elections to District Elections Starting in 2026
RECOMMENDATION
That the City Council receives this report providing information and possible options to consider updating and amending the City’s campaign finance regulations with a specific emphasis on campaign expenditures and contributions as the City converts from at -large Council elections to Council district elections, starting with two districts in 2026 and subsequently four districts in 2028.
SUMMARY
In 2024, the City initiated a detailed and lengthy process to convert its at -large elections for the six members of the City Council to district elections. The office of Mayor remains at large.
Conversion to City Council districts is staggered, with Districts 1 and 6 up in November 2026, and Districts 2, 3, 4 and 5 up in November 2028.
The purpose of this work session is for the City Council to consider whether the campaign finance regulations should be adjusted in light of the conversion to district-based elections.
Hayward’s population is 162,500, as presented during the district conversion process and based on the 2020 census. There are approximately 27,000 residents in each of the six districts.1
BACKGROUND
In 2002, the City enacted Municipal Code sec. 2 -13.00, et seq., (Ordinance 02 -192) establishing, among other things, campaign finance regulations for City elective offices which are defined as six members of the City Council and the office of Mayor. These regulations allow candidates to agree to voluntary expenditure and contribution limits, and regulations
1 HaywardCity_Adopted_All.pdf
2 Ordinance 02-19
https://portal.laserfiche.com/Portal/DocView.aspx?id=128601&repo=r-b6d2994c
for candidates who choose not to accept voluntary limits. When first enacted, the limits were set as provided in Table I below. When candidates accept voluntary limits on how much they will spend on campaign activitie s, the ordinance allows the candidate to accept higher amounts of contributions per person.
Per the regulations, the City Clerk is authorized to adjust the limits annually by a percentage equal to the San Francisco Bay Area All Urban Consumer Price Index (CPI). On January 24, 2025, the City Clerk published the 2025 Notice of Campaign Contribution/Expenditure Limit.3
Table I: Existing Hayward Contribution and Expenditure Limits Candidates that Accept Voluntary
Limits
Candidates that Do Not Accept
Voluntary Limits
YEAR
EXPENDITURE
LIMIT
CONTRIBUTION
LIMIT
EXPENDITURE
LIMIT
CONTRIBUTION
LIMIT
2002
$50,000
$1,000
No limit
$250
2025
$91,096
$1,784
No limit
$410
For further reference, pursuant to Assembly Bill 571 (Chapter 556, AB 571 Mullin), beginning January 1, 2021, state law applies a default contribution limit to city and county candidates when the jurisdiction has not enacted a contribution limit. The 2025-2026 state contribution limit is set at $5,900 for jurisdictions that have not enacted limits. Hayward was not affected by provisions enacted in 2021 because there is an ordinance in place. The Fair Political Practices Commission has created a repository of all cities, counties, and districts within California that have established their own contribution limit ordinances.4
Actual Expenditures
The City has created a public portal for campaign finance disclosures5 per election cycle which allows the public to access campaign statements for candidates and elected officials. In the 2022 and 2024 election cycles, candidates for Council raised and spent between $0 and $75,000. In the 2022 and 2024 election cycles, all candidates accepted voluntary limits. There has not been a successful candidate in Hayward who did not agree to voluntary limits
3 2025 Notice of CPI Adjustment/Voluntary Limit Form
Statement of Acceptance or Rejection of Voluntary expenditure limit for candidates for mayor or city council | City of Hayward - Official website
4 Local Campaign Ordinance
https://www.fppc.ca.gov/the-law/local-ordinances.html
5 Public Portal for Campaign Finance Disclosure
https://public.netfile.com/pub2/Default.aspx?aid=HWD
DISCUSSION
The purpose of this work session is for the City Council to consider whether the campaign finance regulations should be adjusted in light of the conversion to district-based elections.
Tables II and III highlight findings from three cities in proximity to Hayward that recently converted from at -large to district -based elections. Table II shows the contribution and voluntary expenditure limits for the districts. Table III shows the range of actual contributions and expenditures for candidates in these cities in 2022 and 2024. As with Hayward, the comparative cities have maximum individual contribution limits that are adjusted per CPI formulas.
Table II: Voluntary Limits
CITY POPULATION
2023 Data
DISTRICTS CONTRIBUTION
LIMIT
VOLUNTARY
EXPENDITURE
LIMIT
Union
City
65,414 4 (average of
16,103 ppl/district)
$800 $35,000 City Council
$75,000 Mayor
Redwood
City*
80,996 7 (average of
11,570 ppl/district)
$1,000 District population x
$2.45
San
Mateo*
101,327 5 (average of
20,265 ppl/district)
$500/individual
$1,000/organization
District population x
$2.50, rounded to
nearest $100
*San Mateo and Redwood City have a rotating mayor.
Table III: Actual Contributions and Expenditures
2024 ELECTION
REDWOOD CITY
SAN MATEO
UNION CITY
Max Contribution $21,848.00 $65,115.50 $27,941.30
Median Contribution $15,303.16 $25,196.00 -
Lowest Contribution $4,750.00 $20,909.00 $19,214.65
Max Expenditure $33,526.25 $79,472.90 $26,243.40
Median Expenditure $17,193.51 $40,027.49 -
Lowest Expenditure $3,781.58 $20,909.00 $16,489.08
Max Contribution Mayor N/A N/A $73,315.00
Lowest Contribution Mayor N/A N/A $45,369.87
Max Expenditure Mayor N/A N/A $70,158.02
Lowest Expenditure Mayor N/A N/A $54,188.74
2022 ELECTION
REDWOOD CITY
SAN MATEO
UNION CITY
Max Contribution $26,070.00 $76,422.00 $80,636.00
Median Contribution $15,982.41 $25,375.00 $46,947.68
Lowest Contribution $2,096.00 $1,849.00 $14,499.25
Max Expenditure $26,269.58 $57,950.06 $ 94,857.38
Median Expenditure $10,857.42 $31,608.45 $39,919.23
Lowest Expenditure $4,488.63 $338.60 $14,199.75
The primary issues for the City Council’s consideration at this work session are 1) whether to reduce the expenditure and contribution limits for district elections, and 2) what should the limits be if Council moves forward.
Setting New Limits on Expenditures
If Council pursues setting new limits, staff recommends balancing the goal of creating equitable and competitive campaigns with a realistic assessment of the cost to run a modern campaign in a district of approximately 27,000 residents. One simple approach to limiting contributions might be to proportionately reduce limits by one/sixth (1/6) to $15,000 for voluntary expenditures, to $300 fo r voluntary contributions, an d to $70 for contributions where voluntary contributions are not accepted. However, these amounts are likely to be too low to run a robust campaign.
Considering Fixed Campaign Costs
Staff solicited comments from local campaign finance professionals who are knowledgeable about Hayward elections . From these discussions , staff’s understanding is that there are common ‘fixed’ campaign expenses that are incurred by candidates who intend to be competitive, as follows:
campaign consultant
logo design
website
social media
design of mail pieces
design of walk pieces
professional photography
campaign paraphernalia (buttons, tee shirts)
video commercials (optional, not necessarily typical)
The following campaign expenses are not ‘fixed’ and could be scaled down in the move to district elections versus:
ballot statement and filing fee
mass texts to voters
mass email to voters
mass robocalls to voters
postage for mail pieces
printing of mail pieces
printing of yard signs
online advertising
Other campaign expenses, for candidates who intend to be competitive, do not fall into one of the above categories, as follows:
printing of walk pieces
banner printing cost
campaign treasurer
fundraising consultant
other fundraising costs
Evaluating Similarly Situated Jurisdictions
In these three cities viewed together, the average per resident expenditure limit is $2.37 .6 When applied to 27,000 residents that equates to approximately $64,000 per district. As mentioned above, there is some economy of scale in running a campaign, so Council may want to consider setting the limit below the per resident rate of these comparison cities.
Considering the benefits of reducing campaign expenditures and contributions as set forth above while considering the unavailable campaign cost s, Staff recommends $45,000 to $50,000 as a voluntary limit on expenditures, and $900 to $1,000 on voluntary contributions.
Of significance, the City’s campaign finance regulations do not, as a practical matter, affect independent expenditures for or against candidates. Since 2015, the City’s regulations7 have required reporting of such expenditures, including the three largest contributors in certain kinds of advertising. It is acknowledged, however, that independent expenditures have a n increasing impact on elections at all levels of government.
6 Union City has an average of 16,103 residents per district. They have adopted a maximum contribution limit of $800 for their four districts, and maximum limit on expenditures of $35,000 for each district. San Mateo has adopted maximum expenditures in their 2026 cycle of $2.50 per resident in five districts with populations ranging from 19,873 to 21,709, which results in maximum expenditures of $49,700 to $54,200. Redwood City has adopted maximum expenditures of $2.45 per resident in their 2026 cycle, with four of seven districts up for election. The four districts have populations ranging from 11,638 to 12,796, which results in maximum expenditures of $29,000 to $31,000. 7 Ordinance 15-29
Ordinance No. 15-29 | Municipal Code | Hayward, CA | Municode Library
NEXT STEPS
Based on City Council input at this work session, staff will prepare next steps. No action is required if the City Council determines that no changes are warranted. If the City Council believes adjustments are warranted, the City Council can direct staff to return with an action report within 30 days that includes adjustments to the City’s campaign finance regulations for both voluntary expenditures and contributions, as well as adjustments to campaig n contributions for candidates who do decline to agree to the voluntary limits.
Should the City Council direct staff to return with adjustments that lower expenditure and contribution limits, staff recommend that campaign committees and candidates who hav e raised or spent funds thus far in 2025 in accordance with the City Clerk’s January 24, 2025, published limits not be penalized. Therefore, staff recommend that new regulations be prospective – that is, on a looking-forward basis – and not retrospective.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC INITIATIVES
The agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
Prepared and Recommended by: Mary Thomas, Assistant City Manager Michael Lawson, City Attorney
Miriam Lens, City Clerk
Lilia Corral, Deputy City Clerk
Approved by:
Jayanti Addleman, Acting City Manager
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-030
DATE: October 7, 2025
TO: Mayor and City Council
FROM: City Attorney
SUBJECT
Proposed Amendments to the Maintenance and Repair of Sidewalks Ordinance: Introduce an Ordinance Amending Hayward Municipal Code Chapter 7, Article 2 (Streets) Clarifying the Duty to Maintain and Repair Sidewalks
RECOMMENDATION
That the City Council introduce an Ordinance (Attachment II) amending the Hayward Municipal Code to update the Ordinance clarifying the duty of property owners regarding the maintenance and repair of sidewalks.
SUMMARY
Hayward Municipal Code Chapter 7, Article 2 (Streets) contains the Ordinance regarding Maintenance and Repair of Sidewalks, which, along with State law, imposes an obligation upon property owners to maintain abutting sidewalks. The Ordinance was originally adopted in 2001; however, through subsequent litigation, the courts have imposed the need for cities to use clear and unambiguous language if they intend to hold property owners liable for failing to comply with those obligations. This amendment seeks to provide such clear and unambiguous language to clarify the duty of property owners and to subsequently hold property owners liable should they fail to remedy dangerous sidewalk conditions.
ATTACHMENTS
Attachment I Staff Report
Attachment II Draft Ordinance
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DATE: October 7, 2025
TO: Mayor and City council
FROM: Director of Maintenance Services
SUBJECT: Proposed Amendments to the Maintenance and Repair of Sidewalks Ordinance: Introduce an Ordinance Amending Hayward Municipal Code Chapter 7, Article 2 (Streets) Clarifying the Duty to Maintain and Repair Sidewalks
RECOMMENDATION
That the City Council introduce an Ordinance (Attachment II) amending the Hayward Municipal Code to update the Ordinance clarifying the duty of property owners regarding the maintenance and repair of sidewalks.
SUMMARY
Hayward Municipal Code Chapter 7, Article 2 (Streets) contains the Ordinance regarding Maintenance and Repair of Sidewalks, which, along with State law, imposes an obligation upon property owners to maintain abutting sidewalks. The Ordinance was originally adopted in 2001; however, through subsequent litigation, the courts have imposed the need for cities to use clear and unambiguous language if they intend to hold property owners liable for failing to comply with those obligations. This amendment seeks to provide such clear and unambiguous language to clarify the duty of property owners and to subsequently hold property owners liable should they fail to remedy dangerous sidewalk conditions.
BACKGROUND AND EXISTING ORDINANCE
The City of Hayward has approximately 430 miles of sidewalks. These sidewalks are maintained in three different ways. First, the Maintenance Services Department provides regular maintenance of conditions affecting public health and safety upon receiving notification through Access Hayward. Second, owners of properties adjacent to sidewalks perform maintenance of conditions affecting public health and safety per requirements of California State Law. Finally, the Public Works & Utilities Department conducts semi- regular repairs of all of the City’s sidewalks through the City’s Capital Improvement Program.
Per California law, the responsibility to repair sidewalks rests with the owners of private properties adjacent to those sidewalks.1 The City’s existing Sidewalk Maintenance and Repair Ordinance, Hayward Municipal Code Section 7-2.70 et seq., incorporates these requirements of State Law. Furthermore, per the existing ordinance and upon notification through Access Hayward or otherwise, the City’s Maintenance Services Department regularly sends notices to property owners advising them of their responsibilities and the need to repair sidewalk conditions posing a danger to public health and safety.
Repairs in Response to Complaints
The City’s Maintenance Services Department works diligently to address any public health and safety concerns in a timely manner. In the last five years, the City has received over 450 sidewalk-related repair requests, with an average of 93 requests per year. These requests are widespread throughout the entire City and are not isolated to a specific district or neighborhood. (See Map below).
1 “The owners of lots or portions of lots fronting on any portion of a public street . . . shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner....” California Street and Highways Code, Section 5610.
The City’s Maintenance Services Department evaluates each of those requests and typically addresses them within a 48-hour period. These repairs focus on alleviating the immediate threat to public health and safety. However, a need for a permanent repair may remain necessary. For these reasons, such repairs are often accompanied by a letter to the property owner, notifying them of their responsibility and obligation to remove and replace certain portions of the sidewalk adjacent to their property.
The letter the City issues to the property owners informs them of the requirement to obtain an encroachment permit and the use of a licensed contractor for the sidewalk repair work.
Pursuant to the City’s Master Fee Schedule, a sidewalk-related encroachment permit ordinarily costs $823. However, in an effort to facilitate these repairs, the City completely waives encroachment permit fees for sidewalk-related repairs which are being done in response to such a letter. Over the last three years, the City has received and approved approximately two such encroachment permits per year.
Repairs as Part of the Capital Improvement Program
In addition to the sidewalk repairs performed by the City’s Maintenance Services Department in response to complaints, the City’s Public Works & Utilities Department also performs sidewalk maintenance through the Capital Improvement Program.
Every year staff evaluate each of the ten sidewalk districts and select two to be repaired as part of the program. The selection process involves evaluating each district for public health and safety hazards. If a hazard is identified, residential property owners are given a choice of having the City perform the work at a cost of $550 per property or hiring their own contractor to perform the work. For commercial and multi-family properties, the owners are given the choice of either reimbursing the City for actual cost of construction or performing the work themselves.
Responsibility for Injuries Resulting from Hazardous Sidewalk Conditions
Although State law places responsibility for sidewalk repairs on private property owners, California courts have held that cities can be held liable for injuries resulting from dangerous sidewalk conditions unless a city has adopted an ordinance to the contrary. See Gonzales v. San Jose (2004) 125 Cal App.4th 1127.
Following the Court’s decision in Gonzales v. San Jose, California cities have reduced general fund impact in trip-and-fall liability cases by adopting municipal ordinances that clearly and unambiguously confirm responsibility of fronting property owners for injuries and damages resulting from sidewalk-related accidents. (Gonzales v. San Jose (2004) 125 Cal App.4th 1127.) Such ordinances do not change what is already vested in state law but expressly establish that the property owner has the primary responsibility for maintaining safe sidewalks, as set forth by the State legislation, whether or not the City has notified the owner of their maintenance obligations. Many of our neighboring jurisdictions have incorporated such language into their sidewalk ordinances, including: Oakland, Berkely, San Leandro, Union City, Dublin, Antioch, Richmond, Concord, Daly City, San Mateo, and others.
DISCUSSION
Updating the Current Ordinance to Clarify Property Owner Responsibility
Adjacent property owners are often in the best position to quickly identify and address potentially dangerous sidewalk conditions. The proposed updates to the current ordinance do not change this. Instead, the effect of the proposed ordinance on adjacent property owners is to establish a measure of legal responsibility for the maintenance of safe sidewalks. Without the ordinance, abutting property owners have little incentive to maintain sidewalks or to report or eliminate tripping hazards, even when they are responsible for these types of repairs pursuant to State and local law.
Furthermore, sidewalk ordinances that clarify the duty for maintenance such as the one being proposed here serve as an effective risk management tool, enabling the City to mitigate the risk of trip and fall cases by incentivizing sidewalk repairs, as well as allowing the City to more fully defend against sidewalk trip and fall cases.
Impact on Property Owners
Staff understand that sidewalk repairs can be costly. For this reason, the City has initiated a policy of waiving encroachment permit costs for sidewalk repair work necessary as a result of a notice from Maintenance Services requiring such repairs.
Furthermore, as set forth above, this ordinance sets forth certain consequences for property owners who fail to remedy dangerous sidewalk conditions. One of these consequences is bearing the legal responsibility for any injuries that result from such a failure. Ordinarily, if a property owner has insurance coverage, their insurer will cover the liability and any additionally risk resulting from such injuries. Finally, it is important to note that staff have consulted with the City’s insurance partners and do not believe that the passage of this ordinance, in itself, will result in increases of insurance rates.
Council Infrastructure and Airport Committee Support
On June 25, 2025, the Council Infrastructure and Airport Committee evaluated this proposed ordinance amendment. The Committee was supportive of the item and requested additional information about fiscal impacts of a potential Hardship Program for the discussion with the full City Council.
Hardship Program
Approximately 9% of Hayward households in owner-occupied units earn an annual household income of less than $35,000.2 Additionally, at least 23% of the owner-occupied
2 U.S. Census Bureau, Tenure by Household Income in the Past 12 Months (in 2023 Inflation -Adjusted Dollars). American Community Survey, ACS 1-Year Estimates Detailed Tables, Table B25118, 2023, https://data.census.gov/table/ACSDT1Y2023.B25118?t=Income+(Households,+Families,+Individuals):Owne r/Renter+(Tenure)&g=160XX00US0633000 . Accessed on May 28, 2025.
units would be considered low-income households.3 To encourage and enable low-income property owners to repair damaged sidewalks, the City Council could establish a Sidewalk Repair Financial Hardship Program.
As an example, the City of Oakland and San Jose both have a hardship program that offers sidewalk repairs at no cost to income-qualified property owners; San Francisco offers a hardship-based deferred payment plan up to $5,000. Finally, the City of Fremont has created a program whereby the City reimburses 50 percent of the repair costs up to a maximum of $7,500 per property.4
If City Council was inclined to create such a hardship program, eligibility could be based on proof of participation in another means-tested program, such as CalFresh or PG&E CARE (California Alternate Rates for Energy), or other. Funding for such a program could be capped at a certain amount, such as $20,000 - $50,000 annually and be provided on a first come first served basis.
FISCAL IMPACT
The proposed amendments to the Sidewalk Maintenance Ordinance focus on clarifying the duties of property owners regarding sidewalk maintenance as set forth in California State Law and legal precedent.
Maintaining the status quo will result in significant and continued impacts to the General Fund. Without the ordinance amendment, the City will continue to be primarily liable for damages resulting from trip and fall incidents where those incidents occurred due to property owners’ unwillingness to fix sidewalks for which they are legally responsible.
Furthermore, given the recent changes to the City’s insurance, General Fund impacts may further increase. Such impacts may amount to hundreds of thousands of dollars per case unless the Council moves forward with some mitigation measures.
This ordinance amendment is one such mitigation measure. Amending the ordinance provides clarity regarding the consequences where property owners refuse to follow state and local law. Specifically, this ordinance amendment ensures that property owners remain responsible and liable to members of the public for failing to remedy dangerous conditions.
It is important to note, however, that the City may not completely absolve itself of liability in all sidewalk-related cases.
Finally, should the City Council wish to establish a hardship-based program, there will be additional fiscal impacts to the General Fund based on the amount of the established hardship fund.
3 Please note, the data regarding affordability levels doesn’t perfectly match census data because the affordability levels are based on income and household size, whereas Census date is solely focused on income. 4 Please note, the Fremont 50-50 Sidewalk Repair Program is open to all residents, regardless of hardship.
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap priorities 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.
PUBLIC CONTACT
This proposed ordinance was discussed at the June 25, 2025 meeting of the Council Infrastructure and Airport Committee where the public did not offer any comments. This item was also set forth in the agenda, which was published in the regular course of the City’s business practice.
NEXT STEPS
If approved, the Ordinance will return to the City Council for a second reading on the consent calendar on October 21, 2025. If adopted at that meeting, the Ordinance will take effect 30 days thereafter.
Prepared by: Vadim Sidelnikov, Assistant City Attorney
Recommended by: Michael S. Lawson, City Attorney
Todd Rullman, Director of Maintenance Services
Approved by:
_________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF HAYWARD AMEND ING CHAPTER 7, ARTICLE 2 (STREETS) CLARIFYING THE DUTY TO MAINTAIN AND REPAIR
SIDEWALKS
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 7, Article 2, of the Hayward Municipal Code is hereby amended to read as follows:
ARTICLE 2 - STREETS
MAINTENANCE AND REPAIR OF SIDEWALKS
SEC. 7-2.70 FINDINGS AND DECLARATIONS.
In addition to and in accordance with the determination made and the authority granted by the State of California under Section 5600, et seq. of the Streets and Highways Code for costs of repair and maintenance of public sidewalks, the City Council hereby makes the following findings and declarations:
The damage to and disrepair of public sidewalks within the City of Hayward is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to endanger persons or property, and to interfere with the public convenience in the use of such sidewalk. Therefore, the existence of damaged and unrepaired sidewalks abutting private property within the City of Hayward is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of these regulations.
SEC. 7-2.71 DEFINITIONS.
For the purposes of this portion of this Article, certain words and phrases are defined and certain provisions are to be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended.
(a) 'Abate' shall mean to repair, replace, or otherwise remedy the condition in question by such means and in such manner and to such an extent as is necessary in the interest of the general health, safety, and welfare of the community as determined by the enforcement officer.
(b) 'Enforcement officer' shall mean the employee or official appointed and designated by the City Manager to administer the provisions of this Article.
Created: 2023-05-19 09:25:10 [EST]
(Supp. No. 19)
(c) 'Premises' shall mean any lot or portion of lot fronting that portion of public sidewalk that is out of repair.
(d) 'Responsible Pperson' shall mean the owner of any premises, as ascertained from the last equalized assessment roll of the City, or as shown in the records of the office of the clerk, or any agent of the same, lessee, or other person occupying or having charge or control of same.
(e) 'Sidewalk' shall mean that description provided by California Streets and Highways Code, section 5600, et seq., and as may hereafter be changed or modified.
SEC. 7-2.72 PROPERTY OWNER’S DUTY TO MAINTAIN AND REPAIR SIDEWALK
The Responsible Person for any Premises in the City, fronting on any portion of a public street, alley, or way, shall maintain the Sidewalk adjacent to the Premises in good repair and condition. This duty to maintain includes but is not limited to maintenance and repair of surfaces including after having obtained all necessary permits from the City of Hayward, performance of grinding, removal and replacement of Sidewalks, and repair and maintenance of curb and gutters, so that the Sidewalk will remain in a condition that is not dangerous to property or to persons using the Sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of the Sidewalk.
Failure of the Responsible Person to maintain a Sidewalk area as set forth in this section shall constitute negligence and a public nuisance. The City shall not be liable for any injury caused by the negligence of the Responsible Person.
SEC. 7-2.73 PROPERTY OWNER’S DUTY TO THE PUBLIC
A Responsible Person required by this section to maintain any portion of the Sidewalk shall owe a duty to members of the public to keep and maintain the Sidewalk in a safe and non- dangerous condition. If, as a result a Responsible Person’s failure to maintain a Sidewalk area in a safe and non-dangerous condition, any person suffers injury or damage to person or property, the Responsible Person shall be liable to such person for the resulting damages or injury.
SEC. 7-2.743 ABATEMENT NOTICE.
When any portion of the Ssidewalk is out of repair or pending reconstruction such that it endangers persons or property or interferes with the public convenience is in the use of such Ssidewalk, the Enforcement Officer shall may notify the owner or rResponsible person Person to of the need to repair the Ssidewalk and of the intent to undertake such
Created: 2023-05-19 09:25:10 [EST]
(Supp. No. 19)
maintenance and repairs if the Responsible Person shall fail to do so and confirm and collect assessments for the costs and expenses of such maintenance.
SEC. 7-2.754 CONTENTS OF NOTICE.
(a) The notice shall specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair, and shall further specify that if the repair is not commenced within four (4) weeks after notice is given and diligently completed, the Enforcement Officer shall cause such repair to be made, and the cost of same shall be a lien on the property.
(b) In accordance with its Sidewalk Rehabilitation Program, the City Council may determine from time to time that it is appropriate to fund a portion of Ssidewalk repairs and bill abutting Property OwnersResponsible Persons for a portion of the actual repair costs, which amount will be established by Council resolution. In that event, the notice shall contain the proportional amount to be paid by the Responsible PersonProperty Owner.
SEC. 7-2.765 MANNER OF GIVING NOTICE.
(a) A copy of the notice provided for in Section 7-2.74 may be given by delivering a written notice personally to the Property Owner or to the Responsible Person, or by mailing, postage prepaid, to the Property Owner or to the Responsible Person, as ascertained from the last equalized assessment roll of the City, or as shown in the records of the office of the Clerk.
(b) Immediately upon the mailing of the notice, the Enforcement Officer shall cause a copy thereof printed on a card of not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the Enforcement Officer may, not less than seven (7) days nor more than ten (10) days after the mailing of the first notice, mail an additional notice, postage prepaid, marked 'Second Notice,' to the person to whom the first notice was addressed.
SEC. 7-2.776 REPAIR.
If the repair is not commenced and diligently completed, as required by the notice, the Enforcement Officer shall forthwith cause the repair to be made of the Ssidewalk. Upon the written request of the Property OwnerResponsible Party, the Enforcement Officer may cause the repair to be made to any other portion of the Ssidewalk fronting the property that is designated by the Responsible PartyProperty Owner. The cost of repair work done pursuant to such a request shall be a part of the cost of repairs for which subsequent notices are given, hearings held, and assessment and collection proceedings are conducted.
The cost of repair shall be billed to the Responsible Party Property Owner and shall become due and payable thirty (30) days thereafter.
Created: 2023-05-19 09:25:10 [EST]
(Supp. No. 19)
SEC. 7-2.787 ADMINISTRATIVE HEARING.
At the time fixed for the administrative hearing, if one is requested, the Enforcement Officer shall consider all relevant evidence, objections, or protests offered on behalf of the Property Owner or Responsible Person which tend to show why the expense of the repair should not be charged to the Property Owner or Responsible Person as a civil debt which may be constitute a lien against the property if not paid. The Enforcement Officer may also consider rebuttal evidence offered by the City. The hearing may be continued from time to time.
SEC. 7-2.798 REPORT OF REPAIRS AND COSTS.
The Enforcement Officer shall keep an account of the cost of repairs and embody an account in an annual report and assessment list to the City Council, which shall be filed with the City Clerk. The assessment list shall refer to each separate lot or parcel of land by a description that is sufficient to identify the lot or parcel together with the repairs that have been made, and the expense proposed to be assessed against each separate lot or parcel of land.
SEC. 7-2.8079 NOTICE OF REPORT AND HEARING.
The City Clerk shall post a copy of the report and assessment list on the bulletin board designated for the posting of agendas for City Council meetings together with a notice of filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying Property OwnersResponsible Parties that they may appear at such time and place and object to any matter contained therein, and notice of the report and hearing shall further be given in the same manner as the notice to repair.
SEC. 7-2.801 CONFIRMATION HEARING.
At the time and place fixed for receiving and considering the annual report, the City Council shall hear the same together with any objections which may be raised by any person liable to be assessed for the work of abating the nuisance, and the Enforcement Officer shall attend the meeting with his or her record thereof, and upon the hearing, the Council may make the modifications in the proposed assessments as it may deem necessary, after which the report and assessment list shall be confirmed by resolution.
SEC. 7-2.812 ASSESSMENT.
The cost of repair assessed by the City Council shall constitute a special assessment against the premises, and shall be a lien on the property, if not paid within five (5) days after its confirmation by the City Council.
SEC. 7-2.832 NOTICE OF LIEN.
The Enforcement Officer may file in the office of the Alameda County Recorder, a certificate in substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ________ day of ________, 20__, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of Hayward, on the ________ day of ________, 20__, by Resolution No. ____________, assessed the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Hayward claims a lien on said real property until the said sum, together with interest at the rate of _____ per cent per annum, from the date of confirmation of the assessment (________ ____, 20__), has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Hayward, County of Alameda, State of California, and particularly described as follows:
(Description of property)
Dated this _______ day of _________, 20__.
______________________________
Enforcement Officer
SEC. 7-2.843 COLLECTION ON TAX ROLL.
The amount of lien shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary City Taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment and the lien of the assessment shall have priority of the taxes with which it is collected.
Section 2. 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 3. Effective Date. In accordance 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 7th day of October 2025, by ______________________.
ADOPTED at a regular meeting of the City Council of the City of Hayward, held the 21st day of October, by the following votes of members of said City Council.
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: _______________________________________
Mayor of the City of Hayward
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward