Hayward City Council
October 21, 2025

Tuesday, October 21, 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 21, 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/88075165778?pwd=soTfqK7cz1VvFO90u71Jhcw1Hrhmtn.1 Meeting ID: 880 7516 5778
Password: CC10/21@7p
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 880 7516 5778
Password: 9571218090

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Syrop

October 21, 2025City Council Agenda

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
October 14, 2025
October 21, 2025

PRESENTATION
Beacon Program - Leadership and Innovation Award: Presented to the City by the Institute for Local Government

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.

CONSENT
Approve the City Council Minutes of the City Council Meeting on October 7, 2025
MIN 25-1061.

Attachments: Attachment I Draft Minutes of 10/7/2025

October 21, 2025City Council Agenda
Adopt a Resolution Approving Addenda Nos. 1 Through 7,
Denying the Request for Bid Relief of DeSilva Gates
Construction, and Awarding a Construction Contract to DeSilva Gates Construction in the Amount of $5,269,800, in Addition to Approving $526,980 in Administrative Construction
Contingency for the Hayward Executive Airport - Taxiway A1 and Taxiway Z West Reconstruction Project, Project Nos. 06819, 06864, and 06890
CONS 25-4562.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $1,785,000 in Federal Emergency Management
Association Grant Funding Through the 2024 Assistance to Firefighter’s Grant Program to Support Hayward Fire
Department Personnel Paramedic School and Licensure
Requirements
CONS 25-4733.

Attachments: Attachment I Staff Report
Attachment II Resolution

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.

City Budget Status Update: Oral Report by the City Manager as Information Becomes Available (Oral Report from Interim City Manager Addleman)
WS 25-0364.

October 21, 2025City Council Agenda

PUBLIC HEARING
900 Calhoun Rezoning: Proposed Zoning Map Amendment of a

0.94-Acre Site Located at 900 Calhoun Street (Assessor’s Parcel Number (APN) 078C-0647-001-02) from Agriculture (A)
District to Low Density Residential- Minimum Lot Size - 10,000 Square Feet (RLB10) District Consistent with the Low Density Residential General Plan Land Use Designation, Application No.

MTA-25-0002. Applicant and Property Owner: Aman Pohyar
(Report from Development Services Director Buizer)
PH 25-0455.

Attachments: Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
Attachment IV Existing and Proposed Zoning Maps
Attachment V Public Comments
Attachment VI Draft PC Minutes

LEGISLATIVE BUSINESS
Adopt a Resolution Appointing Jennifer Ott as City Manager of the City of Hayward Effective December 8, 2025; Approving the Employment Agreement between Ott and the City of Hayward; and Authorizing the Mayor to Execute the Agreement
LB 25-0336.

Attachments: Attachment I Staff Report
Attachment II Employment Agreement
Attachment III Resolution

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

COUNCIL REFERRALS
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.

October 21, 2025City Council Agenda

ADJOURNMENT
NEXT MEETING, October 28, 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 25-106
DATE: October 21, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on October 7, 2025

RECOMMENDATION
That the City Council approves the City Council meeting minutes of October 7, 2025.

SUMMARY
The City Council held a City Council meeting on October 7, 2025.

ATTACHMENTS
Attachment I Draft Minutes of 10/7/2025
CITY OF HAYWARD Printed on 10/17/2025Page 1 of 1
powered by Legistar™

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/86751412270?pwd=v8dJph1uYwFRkrErjbOhIbZJs6pgE7.1 Tuesday, October 7, 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 Roche

ROLL CALL

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: NONE

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on September 27, 2025 , at 9:00 a.m. with all members present and no public speakers regarding public employment pursuant to Government Code section 54957(b)(1) regarding the City Manager. Mayor Salinas reported that the City Council met but otherwise took no reportable action.

The City Council convened in closed session on October 7, 2025, at 5:30 p.m. with all members present and no public speakers regarding two items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) Ghali et al v. City of Hayward US District Court – Northern District of California Case 3:25-CV-01116; and 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor groups. City Attorney Lawson reported that the City Council discussed both item s, gave direction to staff , but otherwise took no reportable action.

PRESENTATION

Mayor Salinas read a proclamation declaring the month of October 2025 as Filipino American History Month in the City of Hayward . The following community members accepted the Proclamation on behalf of their groups: California University East Ba y Philipinx American Student Association (PASA) President Zenji Amihan Darisu; Hayward Unified School District Board President Peter Bufete; and Acting Library Services Director Lindsey Vien.

Hayward Migrant Education Program Speech and Debate Winners postponed.

PUBLIC COMMENT

Mayor Salinas acknowledged Hayward Area Recreation and Park District (HARD) and its General Manager Wheeler for his critical role in funding and supporting community events, including the highly attended Mariachi Festival at Southland Mall and downtown Hayward Street parties, especially during a time of limited resources. 2 | O c t o b e r 7 2 0 2 5

CITY MANAGER’S COMMENTS

Interim City Manager Addleman made four announcements: 1) the Library hosted a successful Local Author Festival on October 4, 2025, featuring 26 local authors and drawing 130 attendees; 2) October 5-11, 2025 is Banned Books Week, recognizing the importance of free and open access to informatio n and applauding the efforts of the Library Commission and City Council; 3) Public Works launched a Mission Boulevard on -street parking pilot project on September 26, 2025, converting the left lane to parallel parking between A and D streets and installing curb extensions to improve pedestrian safety and support local businesses; and 4) Hayward will celebrate International Walk and Roll to School Day on October 8, 2025, wit h 12 schools participating and enco uraging students to use non - motorized transport.

CONSENT

1. Approve the City Council Minutes of the City Council Meeting on September 23, 2025, MIN 25-103
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously to adopt the City Council minutes of September 23, 2025.

2. Adopt a Resolution Accepting the Resignation of Commissioner Dominique Dozier from the Library Commission, Effective Immediately CONS 25-433

Staff report submitted by City Clerk Lens, dated October 7, 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, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-171, “Resolution Accepting the Resignation of Ms.

Dominique Dozier from the Library Commission”

3. 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 25-437

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/86751412270?pwd=v8dJph1uYwFRkrErjbOhIbZJs6pgE7.1 Tuesday, October 7, 2025, 7:00 p.m.

Staff report submitted by Public Works Director Ameri, dated October 7, 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, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-172, “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 $195,000 for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Financial Consulting Services Related to the Water Resource Recovery Facility (W RRF) Improvements – Phase II Project”

4. Adopt a Resolution Awarding a Construction Contract to G&G Builders, Inc., for the Design and Construction of Shaded Structure within Prominence Landscape and Lighting Assessment District 3 in a Not-to-Exceed Amount of $180,000 CONS 25-438

Staff report submitted by Maintenance Services Director Rullman, dated October 7, 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, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

4 | O c t o b e r 7 2 0 2 5
Resolution 25-173, “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”

5. 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 25-440

Staff report submitted by Public Works Director Ameri , dated October 7, 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, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-174, “ 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”

6. 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 25-441

Staff report submitted by Public Works Director Ameri , dated October 7, 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, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/86751412270?pwd=v8dJph1uYwFRkrErjbOhIbZJs6pgE7.1 Tuesday, October 7, 2025, 7:00 p.m.

Resolution 25-175, “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”

7. 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 25-447

Staff report submitted by Human Resources Director Tecson, dated October 7, 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, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-176, “ Resolution Approving and Authorizing the City Manager to Execute the Side Letter Agreement Amending the Memorandum of Understanding (M OU) Between the City of
Hayward and the Hayward Fire Chiefs’ Association (H FCA), to Reflect the Voluntary Employee Beneficiary Association (VEBA) Plan (“Plan”)”

Resolution 25-177, “ Resolution Approving and Authorizing the City Manager to Execute the Side Letter Agreement Amending the Memorandum of Understanding (M OU), 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 M OU Contract
Agreements, Beginning July 1, 2007, through June 30, 2024, and which Currently Covers the MOU Period Beginning July 1, 2024 through June 30, 2029”
6 | O c t o b e r 7 2 0 2 5
Resolution 25-178, “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 (E MT) 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”

WORK SESSION

8. City Budget Status Update: Oral Report by the City Manager as Information Becomes Available (Oral Report from Interim City Manager Addleman) WS 25-035

Interim City Manager Addleman introduced Assistant City Manager and Acting Finance Director Thomas, who provided an oral update on the City's financial status, noting the evening marked the start of a new recurring budget item. The report indicated the City ended the fiscal year with a $30 million General Fund structural deficit, with $247 million in expenditures and $217 million in revenues. Interim City Manager Addleman clarified that essential City services, such as sewer, water, garbage, remain fully funded and operational. It was noted that the City has implemented several cost -saving measures including holding vacancies, cutting overtime, increasing transfers in, reducing transfers out, pausing discretionary projects, seeking grant funding, and enacting a moratorium on non-essential travel, training, and use of consultants.

The goal for October includes an outside fiscal review, outside audit, and discussion with labor partners; a fall budget revision will be presented on November 18, 2025; a fiscal review and FY 24-25 audit will be presented in January 2026; and an updated five-year financial model and options for moving to fiscal stability will be presented in February 2026.

Members of the City Council expressed appreciation for the budget update section noting its importance for transparency and accountability during the City’s financial challenges; praised the City’s creative approach to finding alternative funding, highlighting the recent grant for the Fire Department; and acknowledged the extra workload City staff have taken on to produce reports and manage day-to-day operations, while also addressing the deficit.

Discussion ensued among members of the City Council and City staff and the following clarifications were made: the City is being strategic by assessing each vacancy's impact on core services, especially those funded by the General Fund, before deciding whether to recruit; staff is tracking overtime closely, particularly in public safety, to understand whether it is mandatory or discretionary; and while the paramedic program was already funded through the Capital Improvement Program, staff will return to the City Council to formally accept and apply the $1 million+ grant, updating documentation to reflect this shift in funding source.

Members of the City Council offered the following recommendations: consider for future sessions to include a focused review of discretionary projects, specifically through the lens of the City’s Strategic Roadmap; consider a session dedicated to evaluate which non -essential projects can be paused or pursued through partnerships with outside agencies; consider a joint

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/86751412270?pwd=v8dJph1uYwFRkrErjbOhIbZJs6pgE7.1 Tuesday, October 7, 2025, 7:00 p.m.
meeting of the Council Infrastructure Committee and HARD to discuss La Vista Park, suggesting a phased approach to open the park sooner with fewer features; explore co-sponsorships with HARD, Downtown Hayward Improvement Association (DHIA), and other community groups, emphasizing the importance of listing all City-sponsored events, such as Juneteenth; explore partnerships for other Community Improvement Program (CIP) projects to ease reliance on the General Fund and assess if discussions should occur at Council Infrastructure Committee or City Council meetings ; identify operational efficiencies, without increasing staffing costs, to accelerate project approvals and support revenue generation; include in future budget updates a running total of cost savings from actions taken so far , such as the identified $5.7 million; consider moving fiscal impact details to the top of staff reports for easier reference; consider extending the five-year financial model to a 10-year outlook in the future; ensure to continue core service delivery and maintain public safety improvements ; maintain the City’s tree planting efforts; note the importance of transparency in rebuilding community trust during this budget crisis; and recognize the importance of labor partnerships in developing collaborative solutions.

There being no public speakers, Mayor Salinas opened and closed public comment at 8:00 p.m.

9. 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 Startin g in 2026 (Report from Interim City Manager Addleman) WS 25-003

Staff report submitted by Assistant City Manager Thomas, City Attorney Lawson, City Clerk Lens, and Deputy City Clerk Corral, dated October 7, 2025, was filed.

Interim City Manager Addleman announced the item and introduced Assistant City Manager Thomas, who provided a synopsis of the staff report.

There being no public speakers, Mayor Salinas opened and closed public comment at 8:16 p.m.

Council Member Syrop voiced support for responsibly transitioning to district-based elections while upholding the City’s longstanding campaign finance reform principles; advocated for lowering the voluntary campaign spending limit from $90,000 to $50,000, noting that most current Council members raised less than $60,000 even when campaigning citywide; argued the proposed adjustment is both practical and necessary given the significantly smaller voter populations in new districts ; emphasized the importance o f maintaining equity and accessibility in local elections ; expressed interest in stronger oversight of independent expenditures and Political Action Committees (PACs); and expressed support of the proposed $50,000 as a voluntary limit on expenditures and $1,000 on voluntary contributions, sharing that he is personally following the proposed limits in his current campaign, positioning himself as a test case for the changes.
8 | O c t o b e r 7 2 0 2 5

Council Member Goldstein expressed support for setting the voluntary campaign expenditure limit at $50,000 and the individual contribution limit at $1,000, noting these are reasonable based on his campaign experience but emphasized the need to revisit it after the upcoming election to assess actual costs; and suggested future adjustments to the spending limit be tied to automatic factors such as the Consumer Price Index (CPI).

Council Member Roche expressed support for adjusting the campaign expenditure limit to $50,000 in alignment with the transition to district-based elections, acknowledging that while some campaign costs may not decrease significantly due to fixed expenses a nd inflation, the intent to right-size the limit is reasonable; appreciated staff’s research and comparisons with other cities and supported implementing the change for the 2028 election cycle, given that some candidates started fundraising already; recommended setting the contribution cap limit at $1,500, arguing that larger donations help candidates seed their campaigns, especially since most rely on a mix of small and modest contributions; and confirmed her understanding that the new $50,000 cap would increase annually by CPI.

Council Member Bonilla Jr. supported revisiting campaign finance limits as the City transitions to district-based elections, emphasizing the need to maintain a level playing field and ensure community leaders are not excluded by high fundraising demands; endorsed a $50,000 voluntary expenditure limit and a $1,500 individual contribution cap, noting that lowering the contribution limit too drastically could unfairly impact candidates who have already begun fundraising; clarified that these changes should apply to district council races, not the at-large mayoral seat, which he believes should retain current citywide limits; and expressed support for moving forward with implementing the changes for the 2026 election cycle remaining mindful of overall City priorities.

Council Member Zermeño expressed support for campaign finance reforms and appreciated the detailed city comparisons in the staff report ; however, while he agreed with the recommendations, he emphasized that the City’s fiscal challenges are a higher priority, and therefore suggested delaying implementation of the changes until after the 2026 election.

Council Member Syrop indicated his willingness to compromise by supporting a $1,500 contribution limit and starting implementation with the 2026 election cycle, given that staff confirmed it would require minimal time; agreed with other colleagues that the mayoral seat, being at-large, should remain under current citywide limits.

Mayor Salinas summariz ed the consensus of the City Council which included a $50,000 voluntary campaign expenditure cap and a $1,500 individual contribution limit, taking effect starting with the 2026 election cycle; and confirmed that the changes would not apply to the mayoral race, which would retain the current campaign contribution and expenditure limits.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/86751412270?pwd=v8dJph1uYwFRkrErjbOhIbZJs6pgE7.1 Tuesday, October 7, 2025, 7:00 p.m.

LEGISLATIVE BUSINESS

10. 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 25-030

Staff report submitted by City Attorney Lawson and Maintenance Services Director Rullman, dated October 7, 2025, was filed.

Maintenance Services Director Rullman announced the item and introduced Assistant City Attorney Sidelnikov who provided a synopsis of the staff report.

Discussion ensued among members of the City Council and City staff and the following clarifications were made: the City Manager’s Office could disseminate information about the proposed amendments through a Stack article, though the actual day-to-day impact on property owners would be minimal, as current ordinances already require the Maintenance Services Director to issue notices; Sidewalk Repair Financial Hardship programs in cities such as San Francisco, San Jose, and Oakland provide financial assistance through dedicated funds, typically ranging from $50,000 to $100,000, either as full or partial reimbursements for sidewalk repairs, often capped per applicant; a Sidewalk Repair Financial Hardship Program would require a new allocation from the General Fund, as no funds are currently set aside, and any decision on the structure or amount would need to be addressed by the City Council at a later date; the proposed amendment to the ordinance focuses on liability procedures, and the existing ordinance still places repair responsibility on property owners, regardless of the cause ; the City’s sidewalk shaving program is part of the Capital Improvement Program, which targets certain districts each year, but noted that full sidewalk reconstruction remains the homeowner’s responsibility unless covered by the program ; while most homeowners' insurance typically covers legal defense, liability depends on the specific case and whether the homeowner failed to make required repairs; and the City cannot fully transfer liability and typically remains a co -defendant in lawsuits, contributing to settlements when appropriate, especially in cases involving City-owned trees.

Members of the City Council offered the following recommendations: while a mass communication effort might not be necessary it is important to inform residents about a potential Sidewalk Repair Financial Hardship Program; revise the proposed amendment to the ordinance with clearer language and bring it back addressing the concern about shifting sidewalk liability to homeowners, particularly the financial risk if homeowners’ insurance does not cover sidewalk-related injuries, which some policies exclude; revise wording that better reflects shared responsibility; consider, as an alternative, placing significant fines for failing to make required repairs; consider language to find a person liable when found to be responsible for the damage; analyze potential partnerships with the USDA S ection 504 Home Repair 10 | O c t o b e r 7 2 0 2 5
program and utilizing funds from the Safe Streets Capital Improvement Program for the potential hardship program; consider redirecting funds potentially saved from reduced legal settlements to support the hardship program; have proactive, transparent communication with residents, especially about sidewalk repair timing, to avoid inequities where some pay for sidewalk repairs while others later receive them for free under City programs; and engage in better outreach and identify a point of contact for residents needing guidance.

Mayor Salinas opened public comment at 8:54 p.m.

Colleen Gordon suggested that acronyms, such as CPI and CIP, should be defined when first introduced because it can be difficult for the public to follow along without definitions.

Interim City Manager Addleman clarified that CPI stands for Consumer Price Index and CIP refers to the Capital Improvement Program.

Mayor Salinas closed public comment at 8:56 p.m.

Mayor Salinas announced the ordinance amendment would come back with further analysis.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews thanked everyone involved in organizing the Mariachi Festival at Southland Mall; commended the organizers of the first annual “Stack City Brick-On” on October 4-5, 2025, at Chabot College; commended the Downtown Hayward Improvement Association (DHIA) and Economic Development Division for installing new lighting at the movie theater; and commended the Council Economic Development Committee for participating in a driving tour of the Tennyson Road retail corridor , and suggested exploring similar partnerships to support businesses.

Council Member Roche congratulated Moreau Catholic High School on its recent 60th anniversary and the dedication of its new performing arts center.

Council Member Syrop announced the final South Hayward Market of the season was scheduled for October 9, 2025, and thanked Eden Youth for organizing it; highlighted the City's efforts to establish its libraries as official Clean Air Centers; and promoted the upcoming Hayward Night Market on October 18, 20025, at St. Rose Hospital.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 9:11 p.m. in memory of Mr. Edward “Ed” Martins.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/86751412270?pwd=v8dJph1uYwFRkrErjbOhIbZJs6pgE7.1 Tuesday, October 7, 2025, 7:00 p.m.

Mr. Edward “Ed” Martins was a longtime Hayward resident; respected attorney practicing law in Hayward since 1953 ; was a longtime Hayward Rotarian ; established the Donna L. And Edward E. Martins Foundation in 1970 supporting many local institutions, including Hayward Public Library, Chabot College, and the UCSF Medical Center; helped launch the Library’s mobile outreach program with the bookmobile Curbie, and the more recent Mobile Tech, the technology outreach vehicle; was the founding trustee of the Chabot-Las Positas Community College District; and his foundation endowed the college with $5 million that will be use d to fund scholarship and services.

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 25-456
DATE: October 21, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Addenda Nos. 1 Through 7, Denying the Request for Bid Relief of DeSilva Gates Construction, and Awarding a Construction Contract to DeSilva Gates Construction in the Amount of $5,269,800, in Addition to Approving $526,980 in Administrative Construction Contingency for the Hayward Executive Airport - Taxiway A1 and Taxiway Z West Reconstruction Project, Project Nos. 06819, 06864, and 06890

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) approving Addenda Nos. 1 through 7, which were issued to make revisions to the plans and specifications and to answer bidder clarification questions, denying the request for bid relief submitted by the low bidder DeSilva Gates Construction and awarding a construction contract to DeSilva Gates Construction in the amount of $5,269,800 and authorizing an Administrative Construction Contingency budget of $526,980, for a total not-to-exceed contract amount of $5,796,780 for the Taxiway A1 and Taxiway Z West Reconstruction Project, Project Nos. 06819, 06864, and 06890.

SUMMARY
The Hayward Executive Airport is owned and operated by the City of Hayward. The Airport is obligated to preserve the safe and beneficial use of airfield facilities, including runways, taxiways, aprons, and other infrastructures, by preserving and maintaining airfield pavements to industry-standard levels. This project reconstructs two taxiways at the Airport. On April 15, 2025, the City Council approved the plans and specifications and authorized the solicitation of construction bids for construction of the project.

On May 27, 2025, City received three (3) construction bids, each for the base bid plus two alternate bids for a grand total bid amount of $5,269,800, $7,711,243, and $7,886,170. (Attachment III). All bids received were over the Engineer’sEstimate (EE) of $4,897,540. The apparent low bid was $5,269,800, which was $372,260, or 7.6% above the EE. The second low bid at the time of bid opening was $7,726,170 which contained arithmetic errors. The corrected bid amount was $7,886,170, or $2,988,630 (61%) above the EE, making this the highest bid. The third bid at the time of bid opening was $7,809,263 which also contained errors. The corrected bid was $7,711,243, or $2,813,703 (57%) above the EE, CITY OF HAYWARD Printed on 10/17/2025Page 1 of 2
powered by Legistar™
File #:CONS 25-456
making this the second low bid.

On June 2, 2025, the apparent low bidder, DeSilva Gates Construction, submitted a letter requesting the City to grant bid relief in accordance with Caltrans Standard Specifications. They contended errors made in their submitted bid would prevent them from executing the project efficiently and effectively. After careful review of the request, staff recommends denying it because the criteria for bid relief have not been met.

Staff is requesting City Council’sapproval of Addenda Nos. 1 through 7, which were issued to revise the plans and specifications and to answer bidder clarification questions. Staff recommends awarding the construction contract to the responsible low bidder, DeSilva Gates Construction of Dublin, CA, in the amount of $5,269,800, and approving an Administrative Construction Contingency (change order) Budget of $526,980 for a total of $5,796,780.

Staff informed DeSilva Gates Construction of the denial of their bid relief request and the subsequent award of the contract to them. DeSilva Gates Construction indicated they are prepared to proceed with construction of the project.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/17/2025Page 2 of 2
powered by Legistar™

DATE: October 21, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Approving Addenda Nos. 1 Through 7, Denying the Request for Bid Relief of DeSilva Gates Construction, and Awarding a Construction Contract to DeSilva Gates Construction in the Amount of $5,269,800 , in Addition to Approving $526,980 in Administrative Construction Contingency for the Hayward Executive Airport – Taxiway A1 and Taxiway Z West Reconstruction Project, Project Nos. 06819, 06864, and 06890

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) approving Addenda Nos. 1 through 7, which were issued to make revisions to the plans and specifications and to answer bidder clarification questions, denying the request for bid relief submitted by the low bidder DeSilva Gates Construction and awarding a construction contract to DeSilva Gates Construction in the amount of $5,269,800 and authorizing an Administrative Construction Contingency budget of $526,980, for a total not-to-exceed contract amount of $5,796,780 for the Taxiway A1 and Taxiway Z West Reconstruction Project , Project Nos. 06819, 06864, and 06890.

SUMMARY

The Hayward Executive Airport is owned and operated by the City of Hayward. The Airport is obligated to preserve the safe and beneficial use of airfield facilities , including runways, taxiways, aprons, and other infrastructures, by preserving and maintaining airfield pavements to industry -standard levels. This project reconstructs two taxiways at the Airport. On April 15, 2025 1, the City Council approved the plans and specifications and authorized the solicitation of construction bids for construction of the project.

On May 27, 2025, City received three (3) construction bids , each for the base bid plus two alternate bids for a grand total bid amount of $5,269,800, $7,711,243, and $7,886,170. (Attachment III). All bids received were over the Engineer’s Estimate (EE) of $4,897,540. The apparent low bid was $5,269,800, which was $372,260, or 7.6% above the EE. The second low bid at the time of bid opening was $7,726,170 which contained arithmetic errors. The

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=7299985&GUID=289C59F3-944D-49CA-B8B0- FAACB95BFD77&Options=&Search=

corrected bid amount was $ 7,886,170, or $2,988,630 (61%) above the EE , making this the highest bid. The third bid at the time of bid opening was $7,809,263 which also contained errors. The corrected bid was $ 7,711,243, or $2,813,703 (57%) above the EE , making this the second low bid.

On June 2, 2025, t he apparent low bidder, DeSilva Gates Construction , submitted a letter requesting the City to grant bid relief in accordance with Caltrans Standard Specifications.

They contended errors made in their submitted bid would prevent them from executing the project efficiently and effectively . After careful review of the request , staff recommends denying it because the criteria for bid relief have not been met.

Staff is requesting City Council’s approval of Addenda Nos. 1 through 7, which were issued to revise the plans and specifications and to answer bidde r clarification questions. Staff recommends awarding the construction contract to the responsible low bidder, DeSilva Gates Construction of Dublin, CA, in the amount of $ 5,269,800, and approving an Administrative Construction Contingency (change order) Budget of $ 526,980 for a total of $5,796,780.

Staff informed DeSilva Gates Construction o f the denial of their bid relief request and the subsequent award of the contract to them . DeSilva Gates Construction indicated they are prepared to proceed with construction of the project.

This project has no impact on the General Fund or Measure C.

FISCAL IMPACT

The Project Estimated Cost & Source of Funding with the breakdown for the project costs is as shown below:

ESTIMATED PROJECT COST
Construction Contract $5,269,800
Construction Contingency (10%)
FAA Reimbursable Agreement
$526,980
$118,704
Environmental Cost $26,730
Independent Fee Estimate $5,000
Design (Taxiway Alpha 1) $135,539
Administration, Staff Costs $229,086
Estimated Construction Management Services (including Inspection, Material Testing & Related Tasks)
$1,240,000
Estimated Stormwater Compliance related cost and potential Taxiway Zulu Intersection Paving
$2,433,128
Estimated Project Total $9,984,967
Design Cost (Taxiway Zulu), administrative services & in-house costs $675,587 Grand Total $10,660,554

SOURCE OF FUNDS
FAA AIP & AIG, 95% of Construction Cost (exclude contingency) $8,985,088 Caltrans $150,000
City Contribution $322,899
City Contribution Contingency, if necessary $526,980
Project Total $9,984,967
Design Cost (Taxiway Zulu) – FAA AIP Grant $675,587
Grand Total $10,660,554

The Adopted FY 2026 Capital Improvement Program included funding for the design services projects, and other requested services in the Airport Capital Fund (Fund 621), which is an Enterprise Fund, as follows:

Project No. 06864 Taxiway A1 and Taxiway Z Pavement
Rehabilitation Construction
$5,324,000
Project No. 06890 Pavement Rehabilitation remaining in FY25 $2,332,000 Project No. 06819 Taxiway Zulu Pavement Rehabilitation Design $1,057,000 Total $8,713,000

Staff may return to the City Council for authorization if a construction management services vendor is selected.

BACKGROUND

On June 20, 20232, City Council authorized a Professional Services Agreement with Tartaglia Engineering for Design Services for the Taxiway Reconstruction Project. The original design services related to reconstruction of Taxiway Z from Taxiway F to Taxiway D with two (2) additive alternatives including reconstruction of Taxiway A1 and reconstruction of the Taxiway Z & Taxiway D intersection. In Fall 2024, the design scope was revised due to funding constraints and uncertainty regarding federal & state grant funding availability, retaining a base bid for a portion of Taxiway F and including design additives for another portion of Taxiway F and Taxiway A1.

On April 15, 20253, the City Council approved the plans and specifications prepared by Tartaglia Engineering, authorized City Manager to submit grant funding applications to Federal & State agencies and further authorized the call for bids for construction of the project.

On November 15, 2016 4, the City Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council, which applies to City projects with construction engineer’s estimate of $1,000,000 or more. The

2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6264031&GUID=AC9BBDE2-46C0-4798-914E- 39E4C9BF3EC8&Options=&Search=
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=7299985&GUID=289C59F3-944D-49CA-B8B0- FAACB95BFD77&Options=&Search=
4 https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search=

agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. On June 17, 2025, the City Council passed a resolution updating the CWA with updates to definitions, scope of the agreement, union representation & referral and the term of the CWA expiring on July 15, 2030. Because the construction engineer’s estimate for Taxiway A1 and Taxiway Z West Reconstruction Project is more than $1,000,000, the CWA agreement applies to this project; however, since this project advertised before June 17, 2025, this project will use the original CWA.

DISCUSSION

On May 27, 2025, City received three (3) construction bids ranging from $5,269,800 to $7,886,170. All bids received were over the Engineer’s Estimate of $4,897,540. DeSilva Gates Construction submitted the apparent low bid in the amount of $5,269,800, which was 7.6% above the EE. The second low bid at the time of bid opening submitted by D -Line Constructors, Inc., was $7,726,170 and contained arithmetic errors with the corrected bid amount of $7,886,170, or $2,988,630 (61%) above the EE, making this the hig hest bid. The third bid at the time of bid opening submitted by Teichert Construction was $7,809,263 which also contained errors. The corrected bid was $7,711,243, or $2,813,703 (57%) above the EE, making this the second low bid.

Staff attributes the price difference between the Engineer’s Estimate and the bids received primarily to two factors:

1. Delayed start date – the Engineer’s Estimate originally assumed a Fall 2025 construction window. However, the start date was postponed to April 2026 to avoid anticipated air traffic impacts from Super Bowl related activities in the region. Construction during events such as the Super Bowl pose a safety risk for transient aircraft not familiar with the airport and construction activities. The new timing likely placed the project in a more competitive Spring construction season.

2. Inflation and market volatility – Prices, including asphalt, remain unstable. As the FAA Specifications do not allow for post -bid cost increases and with suppliers typically only lock ing in rates for 90 -120 days, contractors must account for future price risks.

On June 2, 2025, DeSilva Gates Construction (DGC) submitted a formal letter requesting bid relief pursuant to the Caltrans Standard Specifications. In their request, DGC cited several major errors in their submitted bid, specifically the omission of work items and quantities related to pulverization and hot mix asphalt paving bid items which are two major components of the project . DGC also stated that these errors would prevent them from executing the project efficiently and effectively. Staff carefully reviewed the request and determined that the criteria for bid relief had not been met. Staff recommends denial of the request.

Staff recommend s awarding the construction contract to DeSilva Gates Construction of Dublin, CA, in the amount of $ 5,269,800, and approving an Administrative Construction Contingency (change orders) budget of $526,980 for a total not-to exceed amount of $5,796,780. The additional $ 526,980, or 10% of the bid amount, is included in the event additional funds are needed for unforeseen conditions and changes during construction.

The California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA) apply to this project. Staff anticipates securing both environmental documents and achieving full compliance with CEQA & NEPA requirements prior to the estimated construction start date of April 1, 2026. Applicability of the Municipal Regional Stormwater Permit C.3 guidelines, which pertains to the management and treatment of stormwater runoff is currently being evaluated to achieve compliance prior to the start of construction. The project may also require approval from the Alameda County Flood Control and Water Conservation District related to stormwater discharge into Sulphur Creek. It is anticipated that all necessary C.3 & County compliance will be obtained prior to construction.

ECONOMIC IMPACT

Hayward Executive Airport provides both direct and indirect economic value to the City and surrounding areas. Maintenance and rehabilitation of airfield pavement, electrical systems, drainage improvements and the graded infield areas adjacent to and betwee n runways and taxiways, preserving and enhancing these features to FAA design standards, are essential goals for the long -term functionality and safe use of the airport. The identified taxiway reconstruction project is in line with those goals. Maintaining airfield facilities including runways, taxiways, aprons, and other airfield pavements, is cost prohibitive without grant funding.

The Airport’s taxiway rehabilitation projects will ultimately generate work for skilled and unskilled tradespeople during the construction phase. The CWA agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions.

STRATEGIC ROADMAP

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

Project N12: Upgrade and Maintain Airport Infrastructure and facilities.

While the city’s airport was not contemplated in the Fiscal Year 2025 Strategic Roadmap, the proposed taxiway improvement aligns with the Invest in Infrastructure core priority, specifically:

Objective 1: Invest in multi-modal transportation.

Objective 2: Invest in City-owned facilities & property.

SUSTAINABILITY FEATURES

The Airport is strongly committed to developing projects that are environmentally responsible. Project documents require the contractor to pulverize existing asphalt pavement and aggregate base in -place, blend the material, and place the recycled product back into the structural section as a sub -base material. Additionally, all miscellaneous metals and removed concrete are to be delivered to a certified recycling facility.

PUBLIC CONTACT

Necessary construction information has been and will continue to be shared with airport tenants, users, general public, community members, and other stakeholders impacted by the project. The agenda and staff report for this item have been posted on the City’s website and distributed to interested parties. Airport users and FAA staff , including control tower representatives, will be invited to a pre -construction conference where the scope and schedule of improvements and activities will be presented , and short -term impacts to the airfield operation will be discussed.

NEXT STEPS

If the City Council approves the requests, the City Manager will execute the construction contract with DeSilva Gates Construction for the reconstruction of airport taxiway project.

The following is the tentative schedule for this project:

Begin Construction Spring 2026
Complete Construction Winter 2026

Prepared by: Sundaresh Begur, Associate 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 APPROVING ADDENDA NOS. 1 THROUGH 7, DENYING THE

REQUEST FOR BID RELIEF OF DESILVA GATES CONSTRUCTION, AND

AWARDING A CONSTRUCTION CONTRACT TO DESILVA GATES
CONSTRUCTION IN THE AMOUNT OF $5,269,800 IN ADDITION TO APPROVING $526,980 IN ADMINISTRATIVE CONSTRUCTION CONTINGENCY FOR THE HAYWARD EXECUTIVE AIRPORT – TAXIWAY A1 AND TAXIWAY Z WEST RECONSTRUCTION PROJECT, PROJECT NOS. 06819, 06864, AND 06890

WHEREAS, by Resolution No. 2 5-050, on April 15, 2025, the City Council approved the plans and specifications for the Taxiway A1 and Z Reconstruction Project, Project No s. 06819, 06864, and 06890 and called for bids to be received on a future date; and

WHEREAS, Addenda Nos. 1 through 7 were issued to revise the project plans and specifications and to respond to bidders’ clarifications; and

WHEREAS, on May 27, 2025, three (3) bids were received ranging from ranging from $5,269,800 to $7,886,170. DeSilva Gates Construction, LLC, of Dublin, California, submitted the apparent low bid in the amount of $5,269,800, which was 7.6% higher than the Engineer’s Estimate of $4,897,540; and

WHEREAS, on June 2, 2025, the City received a bid relief request from DeSilva Gates Construction in accordance with Caltrans’ 2018 Standard Specifications stating errors made in their submitted bid would prevent them from executing the project efficiently and effectively; and

WHEREAS, Staff reviewed the request and supports denying the bid relief to DeSilva Gates Construction.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Addenda Nos. 1 through 7 are hereby approved and adopted as part of the plans and specifications for the project; and

BE IT FURTHER RESOLVED by the City Council that the Bid Relief Request submitted by DeSilva Gates Construction is hereby denied; and

BE IT FURTHER RESOLVED by the City Council that DeSilva Gates Construction of Dublin, CA is hereby awarded the construction contract for the Taxiway A1 and Taxiway Z West Reconstruction Project , Project N os. 06819, 06864, and 06890 for the amount of $5,269,800 in accordance with the aforementioned plans and specifications on file in the Office of the City Clerk of the City of Hayward, and all other bids are hereby rejected; and

BE IT FURTHER RESOLVED by the City Council that the expenditure of $ 526,980 for Administrative Construction Contingency is hereby authorized; and

BE IT FURTHE RESOLVED that the City Council that the City Manager is hereby authorized to execute the construction contract with DeSilva Gates Construction in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-473
DATE: October 21, 2025
TO: Mayor and City Council
FROM: Interim Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $1,785,000 in Federal Emergency Management Association Grant Funding Through the 2024 Assistance to Firefighter’sGrant Program to Support Hayward Fire Department Personnel Paramedic School and Licensure Requirements

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $1,785,000 in Federal Emergency Management Association (FEMA) grant funding through the 2024 Assistance to Firefighter’s Grant (AFG) program to support the Hayward Fire Department personnel paramedic school and licensure requirements.

SUMMARY
The Hayward Fire Department (HFD) has been awarded the 2024 Assistance to Firefighter’s Grant through FEMA’s dedicated grant funding that supports first responders. HFD sought this grant to subsidize the strain on the City’s current financial status. The funding will offset the majority of costs associated with sending nineteen (19) new recruits to paramedic school for paramedic education and licensure. The grant funds would be appropriated to Fund 220.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/17/2025Page 1 of 1
powered by Legistar™

DATE: October 21, 2025

TO: Mayor and City Council

FROM: Interim Fire Chief

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $1,785,000 in Federal Emergency Management Association Grant Funding Through the 2024 Assistance to Firefighter’s Grant Program to Support Hayward Fire Department Personnel Paramedic School and Licensure Requirements

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $1,785,000 in Federal Emergency Management Association (FEMA) grant funding through the 2024 Assistance to Firefighter’s Grant (AFG) program to support the Hayward Fire Department personnel paramedic school and licensure requirements.

SUMMARY

The Hayward Fire Department (HFD) has been awarded the 2024 Assistance to Firefighter’s Grant through FEMA’s dedicated grant funding that supports first responders. HFD sought this grant to subsidize the strain on the City’s current financial status. The funding will offset the majority of costs associated with sending nineteen (19) new recruits to paramedic school for paramedic education and licensure. The grant funds would be appropriated to Fund 220.

FISCAL IMPACT

This grant offsets $1,785,000 in general fund money associated with training nineteen (19) emergency medical technician (EMTs) hires to become paramedics.

On September 23, 2025, Council authorized the City Manager to execute an agreement with UC Davis to enroll the nineteen (19) EMTs in their paramedic program, not to exceed $300,000 over two years. In that staff report, staff proposed to pay for the cost using two funded Capital Improvement Program (CIP) projects. The adopted FY26 CIP budget includes a project for paramedic school, which is budgeted at $27,000 in FY26 and $75,0000 in FY27. It also includes $100,000 in both FY26 and FY27 for the Recruit Academy. Both of these projects are in Fund 405, which is paid for through a transfer from the General Fund.

By securing the $1,785,000 in FEMA grant funding, the overall budget impact of the paramedic school enrollment and staffing obligations will be lessened as follows:
• $1,100,382 in overtime for trainees
• $388,916 in backfill overtime
• $53,650 in Administrative labor:

Deputy Chief, EMS Captain, Management Analyst, and Senior Secretary time for project management, fiscal oversight, and grant compliance.
• $32,000 in Field Training Officer (FTO) Support:

FTO supervision and evaluation of firefighter-paramedic students during precepting rotations as required for certification.
• $92,808 in Operational Support:

Backfill and leave-with-pay costs during class and clinical rotations, along with City- funded tuition and training materials.

The grant requires a 10% local cost match totaling $178,458. HFD will meet this requirement through a combination of tuition and supply costs:
• $157,500 in tuition fees, which will come out of the existing CIP budget as indicated in the September 23 report.
• $29,958 in supplies, including books, uniforms, and miscellaneous materials, which will come out of HFD’s existing supplies budget.

A total of $91,875 in tuition was paid from Fund 405 before the grant was awarded. Under this agreement, this City will pay $157,500 in tuition. The grant funding will offset the remaining $50,625 of the $300,000 discussed in the September 23 report. In addition, HFD will seek to receive pre-award credit approval to apply $91,875 against the grant funding, which would provide the City an additional offset of that amount.

BACKGROUND & DISCUSSION

Hayward Fire Department requires all frontline firefighter personnel to be certified as paramedics as a condition of employment. In 2023, low staffing levels and unsuccessful recruiting led to a staffing crisis which necessitated a side letter between Local 1909 Firefighter’s Union and the Hayward Fire Department to temporarily allow hiring of EMTs, with the agreement that they must successfully obtain their paramedic’s license within their probationary period.

Eleven Firefighter-EMTs began probation on July 1, 2024, and eight more on January 13, 2025. Each group has 30 months to obtain a California paramedic license, with deadlines of December 31, 2026, and July 13, 2027, respectively. The first cohort began paramedic school in fall 2025, and the second will start in fall 2026 to meet these requirements.

HFD explored multiple training avenues to provide a streamlined method for the EMT graduates to achieve the paramedic licensure. After research, the department has determined the most cost-effective option that can handle this number of students is for the EMTs to

enroll as students in the continuing education program at UC Davis. This program also offered remote options, which allows the EMTs to complete some coursework while on shift.

Due to the current financial distress within the city, HFD sought additional support from FEMA to help offset the impact on the budget. The Assistance to Firefighter’s Grant was established in 2001 to meet the firefighting and emergency response needs of fire departments and non-affiliated emergency medical service organizations. Since its inception, the AFG has helped firefighters and other first responders obtain critically needed equipment, protective gear, emergency vehicles, training and other resources necessary for protecting the public and emergency personnel from fire and related hazards. The current grant period spans from 10/2/2025-10/1/2027, which fulfills the timeline associated with the extended probationary period established by the Local 1909 side letter and will allow staff EMTs to successfully acquire their paramedic licenses.

STRATEGIC ROADMAP

This initiative supports the Strategic Roadmap priority of Enhance Community Safety. In particular, it supports the metric “fire incident numbers, types, and response times.”

NEXT STEPS

If Council adopts the resolution, HFD will accept the grant funding and proceed with enrollment and shift coverage requirements to maintain required staffing levels.

Prepared by: Lauren Dekas, Management Analyst

Recommended by: Eric Vollmer, Interim Fire Chief

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 ACCEPT AND
APPROPRIATE $1,785,000 IN FEDERAL EMERGENCY MANAGEMENT
ASSOCIATION FUNDING THROUGH THE 2024 ASSISTANCE TO
FIREFIGHTER’S GRANT PROGRAM TO SUPPORT HAYWARD FIRE

DEPARTMENT PERSONNEL PARAMEDIC SCHOOL AND LICENSURE

REQUIREMENTS

WHEREAS, the Hayward Fire Department has been awarded the 2024 Assistance to Firefighter’s Grant from the Federal Emergency Management Association in the amount of $1,785,000 to support the costs associated with overtime staffing that is generated as a result of firefighter personnel attending paramedic school; and

WHEREAS, nineteen (19) fire department frontline personnel were hired as emergency medical technicians to avoid a staffing shortage and are now required to obtain their paramedic license per an agreement with Local 1909 Firefighter’s Union; and

WHEREAS, the agreement with Local Firefighter’s Union 1909 dictates that all emergency medical technicians must obtain their paramedic licensure within 30 months of their employment; and

WHEREAS, the associated required matching funds of $175,800 will be achieved with existing fire department budget and will be fulfilled with tuition fees, books, uniforms and miscellaneous materials.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate $1,785,000 in Federal Emergency Management Associat ion funding through the 2024 Assistance to Firefighter’s Grant into fund 220 for the Hayward Fire Department personnel paramedic school and licensure requirements.

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 #: WS 25-036
CITY OF HAYWARD Printed on 10/17/2025Page 1 of 1
powered by Legistar™

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 25-045
DATE: October 21, 2025
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
900 Calhoun Rezoning: Proposed Zoning Map Amendment of a 0.94-Acre Site Located at 900 Calhoun Street (Assessor’sParcel Number (APN) 078C-0647-001-02) from Agriculture (A) District to Low Density Residential- Minimum Lot Size - 10,000 Square Feet (RLB10) District Consistent with the Low Density Residential General Plan Land Use Designation, Application No. MTA-25-0002. Applicant and Property Owner: Aman Pohyar.

RECOMMENDATION
That the City Council decline the Planning Commission’srecommendation and introduce the Ordinance (Attachment II) approving the Zone Change to the Low Density Residential- Minimum Lot Size 10,000 sq. ft. District and adopts the Resolution (Attachment III) approving the proposed Zone Change (Attachment IV) and Findings that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act, based on the analysis set forth in the Staff Report (Attachment I) and based on the Findings and subject to the Conditions of Approval contained in the Resolution.

SUMMARY
The applicant is requesting approval of a Zone Change from Agriculture (A) District to Low Density Residential- Minimum Lot Size - 10,000 square feet (RLB10) District at 900 Calhoun Street to allow for the applicant to potentially subdivide the subject property in the future, which is not permitted under the current zoning.

The proposed zone change does not include a specific development or subdivision proposal at this time.

However, any future development would be required to obtain the applicable entitlement and be consistent with the applicable zoning and general plan regulations. The proposed zone change would be fully consistent with the site’s current Low Density Residential (LDR) land use designation in the Hayward 2040 General Plan.

CITY OF HAYWARD Printed on 10/17/2025Page 1 of 2
powered by Legistar™
File #:PH 25-045

ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
Attachment IV Existing and Proposed Zoning Maps
Attachment V Public Comments
Attachment VI Draft Planning Commission Meeting Minutes CITY OF HAYWARD Printed on 10/17/2025Page 2 of 2
powered by Legistar™

DATE: October 21, 2025

TO: Mayor and City Council

FROM: Development Services Director

SUBJECT: 900 Calhoun Rezoning: Proposed Zoning Map Amendment of a 0.94-Acre Site Located at 900 Calhoun Street (Assessor’s Parcel Number (APN) 078C-0647- 001-02) from Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District Consistent with the Low Density Residential General Plan Land Use Designation, Application No. MTA-25-0002.

Applicant and Property Owner: Aman Pohyar.

RECOMMENDATION

That the City Council decline the Planning Commission’s recommendation and introduce the Ordinance (Attachment II) approving the Zone Change to the Low Density Residential- Minimum Lot Size 10,000 sf District and adopts the Resolution (Attachment III) approving the proposed Zone Change (Attachment IV) and Findings that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act, based on the analysis set forth in the Staff Report (Attachment I) and based on the Findings and subject to the Conditions of Approval contained in the resolution.

SUMMARY

The applicant is requesting approval of a Zone Change from Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District at 900 Calhoun Street to allow for the applicant to potentially subdivide the subject property in the future, which is not permitted under the current zoning.

The proposed zone change does not include a specific development or subdivision proposal at this time . However, any future development would be required to obtain the applicable entitlement and be consistent with the applicable zoning and general plan regulations. The proposed zone change would be fully consistent with the site’s current Low Density Residential (LDR) land use designation in the Hayward 2040 General Plan.

FISCAL IMPACT

The project does not include any development at this time and therefore, it will have no fiscal impact. The fiscal impact of any future development will be evaluated when received.

BACKGROUND

From 1993 to 2005, the Mellow Mule Company operated a horse boarding business at 900 Calhoun Street. Prior to 1993, the subject property was vacant and undeveloped.

In 2013, a two-story detached residence with an attached three-car garage was constructed on the subject property and in July 2014, the Planning Division received a Zone Change application to rezone the subject property and an adjacent property at 890 Calhoun Steet from Agriculture (A) District to Low Density Residential- Min. Lot Size – 10,000 square feet (RLB10) District.

On October 15, 2015 1, the Planning Commission denied application 6:1, against the recommendation of staff, citing neighbor’s concerns regarding increased traffic and changes to the street’s rural character. On December 1, 2015 2, the City Council upheld the Planning Commission decision and denied the application 7:0.

Following the denial, the applicant sued the City, alleging that the denial violated state law which requires zoning to be consistent with an adopted general plan. The City prevailed in the lawsuit because charter cities, at the time, were not required to have general plan and zoning consistency. However, state law was amended in 2019 to require charter cities like Hayward to have consistency between zoning and an adopted general plan.

In 2021, the Building Division issued permits to allow the construction of an Accessory Dwelling Unit (ADU), two-car garage and storage room in the rear. Construction associated with these permits is still ongoing and has not been finaled yet.

On July 3, 2025, the Planning Division received a Zone Change application to rezone just the subject property from Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District.

On September 25, 2025 3, the Planning Commission held a public hearing on the proposed project where the Commissioners recommended 6:1 that the City Council deny the proposed zone change. The majority of Commissioners expressed concern regarding the existing general plan land use designation and future development that would result if they approved this rezoning. The dissenting Commissioner recommended approval because the project is fully consistent with the General Plan which is the principle guiding document for the Planning Commission.

Staff responded to comments during the meeting. Following the meeting, staff conducted additional research to address the Commissioners’ concerns. On May 19, 19874, the City Council approved the Mission-Garin Neighborhood Plan5 which redesignated the subject property from Agriculture (A) to Low Density Residential (LDR), rendering it inconsistent with zoning. The decision to redesignate the subject property was based on recommendations from a

1 October 15, 2015, PC Public Hearing: https://hayward.legistar.com/MeetingDetail.aspx?ID=418393&GUID=21B52AFC-8C0B-4909-B3B8-FE619621BB0B&Options=info|&Search= 2 December 1, 2015 CC Public Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=2522119&GUID=5E4DBA2D-CC1F-4035-A836-0F09AE88DA89&Options=&Search= 3 September 25, 2025 PC Public Hearing: https://hayward.legistar.com/MeetingDetail.aspx?ID=1337450&GUID=F852353F-0CE2-404F-AD3B-169489DD1955&Options=info|&Search= 4 May 19, 1987 CC Resolution 87-123: https://portal.laserfiche.com/Portal/DocView.aspx?id=54375&repo=r-b6d2994c&searchid=9119ba45-f0b1-4bc4-b614-b29fa11f91d7 5 Mission-Garin Neighborhood Plan: https://www.hayward-ca.gov/sites/default/files/documents/Mission-GarinPoliciesStrategies.pdf

neighborhood task force, including two residents from Calhoun Street6 and several community meetings. Following this decision, the City should have updated the zoning accordingly and it is unclear why this was never done. If the City wanted to redesignate the subject property back, the City would need to amend the General Plan Environmental Impact Report at the City’s expense. Furthermore, the City would need to upzone another property to ensure the City’s overall capacity for housing does not decrease in accordance with State Law.

Furthermore, even if the rezoning application is denied, the subject property is permitted to construct a maximum of 8 units as permitted by the existing General Plan land use designation.

However, if the rezoning application is denied, the City will only be able to apply objective standards that allow the permitted density. As such, the City may be unable to enforce existing height, setback, and open space requirements . For further discussion on this topic, see the “California State Law” section under “Policy and Code Compliance Context” below.

PROJECT DESCRIPTION

Existing Conditions: The project site is located within the M ission-Garin neighborhood, in east Hayward. The site is composed of a 0.94-acre rectangular lot that is generally sloped towards the rear with steep slopes in the northeast corner of the site (Figure 1 ). The northeastern corner of the site is also located within the Seismic Landslide zone (Figure 2).

Furthermore, the entire site is located within the Alquist Priol o Fault zone with an approximate 40 -foot stretch of a fault trace bisecting the northeastern corner of the site (Figure 3).

Figure 1 (Left): A map showing the elevation contours for the subject property.

Figure 2 (Middle): A map showing the Seismic Landslide zone in blue for the subject property Figure 3 (Right): A map showing the Alquist Priolo Fault zone in light red and Alquist Priolo Fault traces as a dark red line for the subject property.

As noted previously, the site is currently develop ed with a two-story detached residence with a three-car garage, a detached ADU with a two-car garage, storage and other minor site improvements. The project site is directly adjacent to Holy Sepulchre Cemetery and Parcel Group 47 to the north, Mellow Mule Company to the east, detached residences to the south and a rural estate with ancillary agriculture uses to the west.

6 CC Resolution 86-220: https://portal.laserfiche.com/Portal/DocView.aspx?id=51008&repo=r-b6d2994c&searchid=9119ba45-f0b1-4bc4-b614-b29fa11f91d7 7 California State Route 238 Corridor Lands: https://www.hayward-ca.gov/your-government/departments/city-managers-office/238

Project Description: The project proposes a Zone Change from A District8 to RLB10 District9 to allow for a greater variety of housing types on the site and to create consistency with the Hayward 2040 General Plan. The applicant has indicated that the Zone Change request is to allow for a future subdivision of the subject property which is not permitted under the current zoning. The current zoning district requires a minimum lot size of one acre which the site is non-conforming to. The proposed zoning requires a minimum lot size of 10,000 square feet thus allowing for a potential future subdivision.

POLICY CONTEXT AND CODE COMPLIANCE

California State Law: California State Law, specifically California Government Code (Gov. Code) Section 65860 (a)10, requires all zoning ordinances to be consistent with the adopted general plan. This requirement has applied to charter cities since 2019. If a zoning ordinance becomes inconsistent with a general plan due to amendment of the general plan, the zoning ordinance must be amended within a reasonable time to make it consistent with the general p lan, as amended, (Gov. Code section 65860(c)(1).

If a zoning ordinance becomes inconsistent with the general plan and a local agency receives a development project application that is consistent with the general plan but inconsistent with applicable zoning, the City must do one of the following: (1)amend the zoning ordinance within 180 days from the receipt of the project application to be consistent with the general plan, or (2) process the application but only apply the objective general plan standards to the proposed project which facilitates development at the density allowed on the site by the general plan.

If the City received a development application for the subject property as it is currently zoned, the City would have to allow the development of up to 8 total units (as allowed by the general plan) but could not apply any objective standards that would prohibit the allowed density These standards include but are not limited to height, setbacks, and open space.

Hayward 2040 General Plan: The project site is designated as Low Density Residential (LDR)11 in the Hayward 2040 General Plan, which allows residential densities ranging from 4.3 to 8.7 dwelling units per acre. This land use designation allows for detached residential units, second units and other supporting uses. The proposed Zone Change to RLB10 District is consistent with the applicable LDR Hayward 2040 General Plan land use designation . The project is also consistent with the following policies of the General Plan:

• H-3.1 Diversity of Housing Types. The City shall implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low-density single family uses, moderate-density townhomes, and higher- density apartments, condominiums, transit-oriented developments, live-work units, and units in mixed-use developments.

8 Hayward Municipal Code Section 10-1.2000 Agriculture District:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.2000AGDIA 9 Hayward Municipal Code Section 10-1.200 Residential Districts:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.200REDI 10 California Government Code 65860: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65860.&lawCode=GOV 11 Hayward 2040 General Plan Land Use Designations: https://www.hayward-ca.gov/your-government/documents/general-plan/residential-land-use-designations

• H-3.4 Residential Uses Close to Services. The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.
• H-3.6 Flexible Standards and Regulations. The City shall allow flexibility within the City’s standards and regulations to encourage a variety of housing types. • LU-1.3 Growth and Infill Development. The City shall direct local population and employment growth toward infill development sites within the city, especially the catalyst and opportunity sites identified in the Economic Development Strategic Plan.

The project’s consistency with the Hayward 2040 General Plan is discussed further in the project resolution (Attachment III).

Zoning Ordinance: The project site is located within an Agriculture (A) District that allows for the development of a detached residence and a variety of agriculture uses including crops and tree farms, ranches and produce sales. The applicant is requesting to rezone the project site to RL District to allow for a wider range of housing types, including the possibility of subdivision.

Future development of the site will be subject to review by the City and be subject to applicable regulations. In accordance with Section 10-1.342512 of the Hayward Municipal Code, t he following findings are required in order to approve the proposed Zone Change:

• Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward. • The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted policies and plans.
• Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified.
• All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.

The project’s consistency with the findings is discussed in Attachment III.

DISCUSSION

Staff believe the City Council can approve of the proposed project based on the analysis below and per the findings and conditions of approval (Attachment III). Staff also believe the project complies with the intent of City development policies and regulations, including the Hayward 2040 General Plan, and the Zoning Ordinance. Key findings from staff’s analysis are described below.

The State of California is experiencing a housing crisis, with housing demand far outstripping supply. The recently adopted Hayward Housing Element found that Hayward is one of many cities in the State that is severely impacted by the housing crisis, experiencing high rates of cost burden, homelessness, overcrowding, and potential displacement of existing residents. The

12 Rezoning Findings:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.3400AM_S10-1.3425PLCOPR

proposed rezoning would remove barriers to allow for a greater variety of housing types on the site, which is not obtainable under current regulations.

Furthermore, the proposed rezoning would bring the site into further conformance with local regulations. The project site does not currently conform with the minimum lot size and average lot width prescribed in the existing A District. Additionally, the existing A District allows for 40- foot-tall buildings by right and a riding stable, a riding academy, a kennel, an asphalt or concrete batch plant and a quarry with a use permit . Those developments and uses would not be compatible or consistent with surrounding development. However, the proposed zoning would be consistent with the existing LDR General Plan land use designation.

ENVIRONMENTAL REVIEW

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan. On July 1, 2014 13, the City Council adopted Resolution No. 14 -108, approving the Hayward 2040 General Plan Program Environmental Impact Report (EIR).

In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessary . However, none of the conditions described in Section 15162 callin g for preparation of a subsequent EIR have occurred. The Program EIR covers the subject zoning map amendments, and the proposed amendments are fully consistent with the General Plan Land Use diagram.

Based the analysis provided in this staff report, no new or unanticipated levels of development are anticipated that were not previously identified in the General Plan and General Plan EIR, and no new or unanticipated traffic, residential or employment density, or construction impacts are expected to be generated because of the rezoning. Therefore, the proposed Amendments substantially conform to the Goals and Policies set forth in the General Plan that were analyzed in the related Program EIR. No further environmental review is necessary.

ECONOMIC IMPACT

The proposed project may result in the redevelopment of an underutilized site in an existing residential setting. Any future development would connect to existing public utilities and services and is not expected to have a negative result on the City regarding public utilities or public services. Furthermore, future development would result in new residents moving into Hayward, which should generate demand for goods and services, thereby providing stimulus for new or existing jobs and services in the City’s economy.

STRATEGIC ROADMAP

This project supports the Strategic Priority of Preserve, Protect and Produce Housing for All, however, it is not tied to implementation of any specific projects.

13 July 1, 2014 City Council Public Hearing: https://hayward.legistar.com/MeetingDetail.aspx?ID=454197&GUID=D9DE9F92-CD16-42A8-B5DC-7A907388002D&Options=info|&Search=

SUSTAINABILITY FEATURES

The project does not include any development and therefore, there are no project specific sustainability features at this time. However, the proposed project may result in residential development on an infill site. Infill residential development helps preserve wild spaces and previously undeveloped land by reducing the need for sprawl. Furthermore, infill development has the potential to reduce vehicle miles traveled, and in turn, improve regional air quality.

PUBLIC CONTACT

On July 22, 2025, a Notice of Receipt of Application was mailed out to 50 property owners, residents, businesses, and community groups (Mission-Garin Neighborhood Task Force and South Hayward Parish) within 300 feet of the project site.

On August 29, 2025, a notice of public hearing was published in the Daily Review . On September 4, 2025 , notices of this public hearing were sent to all property owners and residents within a 300-foot radius of the project site. To date, staff has received two written public comments (Attachment V) in opposition to the project citing a desire to maintain the rural character of the neighborhood and concerns regarding losing agriculture zoning. At the September 25 th Planning Commission Public Hearing, there were five public comments in opposition to the project expressing similar concerns regarding future development and the loss of agriculture land.

NEXT STEPS

If the City Council approves the proposed project, the applicant will prepare plans for a Tentative Map application to subdivide the existing property.

Prepared by: Taylor Richard, Associate Planner

Recommended by: Sara Buizer, AICP, Development Services Director

Approved By:

Jayanti Addleman, Interim City Manager

ATTACHMENT II
ORDINANCE NO. 25-______

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE)

OF THE HAYWARD MUNICIPAL CODE REZONING A PROPERTY TO THE LOW DENSITY RESIDENTIAL -MINIMUM LOT SIZE 10,000 S Q. FT. DISTRICT IN CONNECTION WITH ZONE CHANGE APPLICATION NO. MTA-25-0002

WHEREAS, on May 19, 1987, the City Council approved the Mission -Garin Neighborhood Plan which changed the General Plan Land Use Designation from Agriculture (A) to Low Density Residential (LDR) at 900 Calhoun Street (Assessor’s Parcel Number (APN) 078C-0647-001-02) which rendered it inconsistent with the zoning; and

WHEREAS, on July 3, 2025, Aman Poyh ar, submitted Zone Change Application No.

MTA-25-0002, to rezone an existing parcel Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District located subject property referenced above; and

WHEREAS, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan and certified by the City Council on July 1, 2014 pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168. In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. The Program EIR covers the subject zoning map amendments, and the said amendments are fully consistent with the General Plan Land Use designation. Future development would undergo site and project specific review. No further environmental review is necessary; and

WHEREAS, on August 29, 2025, notice of the City Council public hearing related to the proposed project was published in The Daily Review; and

WHEREAS, on September 4, 2025, notice of the City Council public hearing related to the proposed project was mailed to all property owners and residents within 300 feet of the project site as well as those who requested such notice; and

WHEREAS, on September 25, 2025, the Planning Commission held a duly noticed public hearing on the proposed project and voted 6:1 to recommend City Council’s denial of the project; and

WHEREAS, on October 21, 2025, the City Council held a public hearing and accepted public testimony on the proposed project.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Provisions.

Chapter 10 of the Hayward Municipal Code is hereby amended to rezone one parcel located at 900 Calhoun Street (Assessor Parcel No. (APN) 078C-0647-001-02), to the Low Density Residential-Minimum Lot Size 10,000 s q. ft. District, subject to the findings and conditions of approval set forth in the companion Resolution (No. 25-___) to this Ordinance.

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 authority of the City, such decision shall not affect the validity of the remainder of this or dinance, which shall continue in fu ll force and effect, provided the remainder of the ordinance, absent the excised portion, can be reasonably interpreted to give effect to intentions of the City Council.

Section 3. Effective Date.

This ordinance shall become effective immediately upon adoption.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2025, by Council Member __________________________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2025, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: _______________________________________
Mayor of the City of Hayward

DATE: _____________________________________________

ATTEST: _____________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

HAYWARD CITY COUNCIL
RESOLUTION NO. 25-___

Introduced by Council Member ______________

RESOLUTION APPROVING A ZONE CHANGE AND FINDINGS THAT NO

FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ; AMAN POHYAR
(APPLICANT/OWNER)

WHEREAS, on May 19, 1987, the City Council approved the Mission -Garin Neighborhood Plan which changed the General Plan Land Use Designation from Agriculture (A) to Low Density Residential (LDR) at 900 Calhoun Street (Assessor’s Parcel Number (APN) 078C-0647-001-02) which rendered it inconsistent with the zoning; and

WHEREAS, on July 3 , 20 25, Aman Poyher, submitted Zone Change Application N o.

MTA-25-0002, to rezone an existing parcel Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District located subject property referenced above; and

WHEREAS, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan and certified by the City Council on July 1, 2014 pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168. In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. The Program EIR covers the subject zoning map amendments, and the said amendments are fully consistent with the General Plan Land Use designation. Future development would undergo site and project specific review. No further environmental review is necessary; and

WHEREAS, on August 29, 2025, notice of the City Council public hearing related to the proposed project was published in The Daily Review; and

WHEREAS, on September 4, 2025, notice of the City Council public hearing related to the proposed project was mailed to all property owners and residents within 300 feet of the project site as well as those who requested such notice; and

ATTACHMENT III

WHEREAS, on September 25, 20 25, the Planning Commission held a duly noticed public hearing on the proposed project and voted 6:1 to recommend City Council’s denial of the project; and

WHEREAS, on October 21, 2025, the City Council held a p ublic hearing and accepted public testimony on the proposed project.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following findings:

CALIFORNIA ENVIRONMNTAL QUALITY ACT

A. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan. On July 1, 20145, the City Council adopted Resolution No. 14 -108, approving the Hayward 2040 General Plan Program Environmental Impact Report (EIR).

B. In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessary.

However, none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. The Program EIR covers the subject zoning map amendments, and the said amendments are fully consistent with the General Plan Land Use diagram.

C. Based the analysis provided in this staff report, no new or unanticipated levels of development are anticipated that were not previously identified in the General Plan and General Plan EIR, and no new or unanticipated traffic, residential or employment density, or construction impacts are expected to be generated because of the rezoning. Therefore, the proposed Amendments substantially conform to the Goals and Policies set forth in the General Plan that were analyzed in the related Program EIR. No further environmental review is necessary.

ZONE CHANGE

A. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward.

The State of California is experiencing a housing supply crisis, with housing demand far outstripping supply. In 2018, California ranked 49th out of the 50 states in housing units per capita. As noted in the recently adopted Hayward Housing Element, the city is one of many cities in the State that is severely impacted by the housing crisis, experiencing high rates of cost burden, homelessness, overcrowding, and potential displacement of existing residents. The proposed rezoning would remove barriers to allo w for a greater variety of housing types on the site.

ATTACHMENT III

Additionally, the parcel would be eligible for the streamlining provisions of the Senate Bill 9 (2021).

Furthermore, the proposed rezoning would bring the site into further conformance with local regulations. The project site does not currently conform with the minimum lot size and average lot width prescribed in the existing Agriculture (A) District. Additionally, the existing A District allows for 40 -foot-tall buildings by right and a riding stable, a riding academy, a kennel, an asphalt or concrete batch plant and a quarry with a use permit. Those developments and uses would not be compatible with surrounding development . . However t he proposed zoning , Low Density Residential – Minimum Lot Size- 10,000 square feet (RLB10) District, would be consistent with the existing General Plan land use designation as described further in Finding B.

B. The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted policies and plans.

C. The proposed rezoning from A District to RLB10 District would be in harmony with all applicable City policies including but not limited to the Zoning Ordinance, Hayward 2040 General Plan, and the City Council Strategic Roadmap priority to preserve, protect and produce housing for all. The intent of the RL District, which is to promote and encourage a suitable environment for households of all types and sizes, seamlessly aligns with the site’s existing General Plan land use designation of Low Density Residen tial (LDR). The LDR designation allows for the development of detached residential units and second units with a density of 4.3 to 8.7 dwelling units per net acre. The rezoning further aligns with the following policies in the Housing and Land Use Elements of the  Hayward 2040 General Plan which focuses on goals and policies to accommodate future growth and promote housing development.
• H-3.1 Diversity of Housing Types . The City shall implement land use policies that allow for a range of residential densiti es and housing types, prices, ownership, and size, including low -density single family uses, moderate - density townhomes, and higher -density apartments, condominiums, transit - oriented developments, live -work units, and units in mixed -use developments.
• H-3.4 Residential Uses Close to Services. The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes. • H-3.6 Flexible Standards and Regulations . The City shall allow flexibility within the City’s standards and regulations to encourage a variety of housing types.

ATTACHMENT III

• LU-1.3 Growth and Infill Development . The City shall direct local population and employment growth toward infill development sites within the city, especially the catalyst and opportunity sites identified in the Economic Development Strategic Plan.

D. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified.

No development project is being proposed in association with this Zone Change.

However, the change from A District to RLB10 District is consistent with the site’s LDR land use designation, as analyzed in the Environmental Impact Report (EIR) prepared for the Hayward 2040 General Plan. The General Plan EIR analyzed the streets, utilities, and public facilities, ensuring their capacity for future growth. The rezoning is fully consistent with the General Plan land use designation as described further in Finding B.

E. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.

Approval of the rezoning would reclassify the agriculturally zoned parcel to RLB10, which is compatible with the existing underlying General Plan land use designation of LDR as noted in Finding B. Both the RLB10 zoning district and LDR General Plan land use designation allow for a variety of residential development as well as compatible community serving uses. Any future uses would be evaluated for consistency with the RLB10 District use regulations prior to their establishment.

Furthermore, the rezoning would be consistent with the zoning on the southern side and western extent of Calhoun Street which are zoned Low Density Residential (RL) and Low Density Residential - Minimum Lot Size – 6,000 square feet (RLB6), respectively. In addition to being consistent with the zoning, the existing development and potential subdivision are consistent with other developments along Calhoun Street and the nearby streets of Kellogg Street and Broadway Street.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby approves the Zone Change Application No. MTA-25- 0002, subject to the adoption of the companion ordinance (Ordinance No. 25-___) rezoning one parcels located at 900 Calhoun Street (Assessor Parcel No. (APN) 078C-0647-001-02), to the Low Density Residential- Minimum Lot Size 10,000 sf District, subject to the attached conditions of approval (Exhibit I); and,

ATTACHMENT III

IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward
Exhibit I
I-1

ZONE CHANGE APPLICATION NO. MTA-25-0002 – Applicant/Owner: Aman Poyhar – Proposed Zone Change to rezone an existing parcel from Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District located at 900 Calhoun Street (Assessor’s Parcel Number (APN) 078C-0647-001-02).

GENERAL

1. The approval of Zoning Map Amendment Application No. MTA-25-0002 shall be limited to rezoning of the 0.94-acre site at 900 Calhoun Street (APN:078C-0647- 001-02) from Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District.

2. The developer shall assume the defense of and shall pay on behalf of and hold harmless the City, its officers, employees, volunteers and agents from and against any or all loss, liability, expense, claim costs, suits and damages of every kind, nature and description directly or indirectly arising from the performance and action of this permit.

3. The permittee, property owner or designated representative shall allow the City’s staff to access the property for site inspection(s) to confirm all approved conditions have been completed and are being maintained in compliance with all adopted city, state and federal laws.

4. Failure to comply with any of the conditions set forth in this approval, or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a Certificate of Occupancy until full compliance is reached. The City' s requirement for full compliance may require minor corrections and/ or complete demolition of a non-compliant improvement regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were filed to construct the project.

5. All outstanding fees owed to the City, including permit charges and staff time spent processing or associated with the development review of this application shall be paid in full prior to any consideration of a request for approval extensions and/or the issuance of a building permit.

6. If determined to be necessary for the protection of the public peace, safety and general welfare, the City of Hayward may impose additional conditions or restrictions on this permit. Violations of any approved land use conditions or requirements will result in further enforcement action by the Code Enforcement Division. Enforcement includes, but is not limited to, fines, fees/penalties, special assessment, liens, or any other legal remedy required to achieve compliance including the City of Hayward instituting a revocation hearing before the Planning Commission.

Exhibit I
I-2

7. The owner shall maintain in good repair all building exteriors, walls, lighting, drainage facilities, landscaping, driveways, and parking areas. The premises shall be kept clean and weed-free.

8. The applicant shall be responsible for graffiti-free maintenance of the property and shall remove any graffiti within 48 hours of occurrence or City notification.

9. Any future development shall be reviewed by the Planning Director or the reviewing body specified by the Zoning Ordinance. Future development shall be compliant with all applicable local and state regulations.

-END OF CONDITIONS-

! ! ! ! !
! ! !
! ! !
!
!
!
!
!
!
!
!
!
!
!
!
! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! !
!
! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! !
! ! ! ! ! ! ! ! ! ! ! !
RL
RL
OS
RL
OS
RL
RL
AB10A
RL
RLB6
RL
RL
A
RMB4
OS
RL
RL
A
RH
MB-CN
RL
OS
RL
RL
RL
Douglas St
E 16th St
E 15th St
Calhoun St
Calhoun St
Calhoun St
Kellogg Ave
Broadway St
Webster St
I
0 100 200 300
Feet
Existing Zoning Map
August 2020
SITE
A
Zoning Classifications

RESIDENTIAL
RH High Density Residential, min lot size 1250 sqft
RMB4 Medium Density Residential, min lot size 4000 sqft

MISSION BLVD FORM-BASED CODE
MB-CN Corridor Center

OPEN SPACE
A Agricultural
AB10A Agricultural, minimum lot size 10 acres
OS Open Space
MTA-25-0002 Zoning Amendment
Address:
900 Calhoun St
Applicant:

Aman Pohyar
Owner:

Aman Pohyar
Attachment IV
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! RL
RL
OS
RL
OS
RL
RL
AB10A
RL
RLB6
RL
RL
A
RMB4
OS
RL
RL
A
RH
MB-CN
RL
OS
RL
RL
RL
Douglas St
E 16th St
E 15th St
Calhoun St
Calhoun St
Calhoun St
Kellogg Ave
Broadway St
Webster St
I
0 100 200 300
Feet
Proposed Zoning Map
August 2020
SITE
RLB10
Zoning Classifications

RESIDENTIAL
RH High Density Residential, min lot size 1250 sqft
RMB4 Medium Density Residential, min lot size 4000 sqft

MISSION BLVD FORM-BASED CODE
MB-CN Corridor Center

OPEN SPACE
A Agricultural
AB10A Agricultural, minimum lot size 10 acres
OS Open Space
MTA-25-0002 Zoning Amendment
Address:
900 Calhoun St
Applicant:

Aman Pohyar
Owner:

Aman Pohyar
Outlook
Ref: MTA-25-0002
From Cella <[email protected]>
Date Tue 8/5/2025 4:52 PM
To Taylor Richard <[email protected]>
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Good evening Mr. Taylor.

I'm sending this message to you as my opposition to the request of Aman Pohyar (Owner/Applicant) to re-zone 900 Calhoun Street from Agricultural to Residential.

Mr. Pohyar was denied this request in the past and I hope Hayward City Council will deny it again for the same reasons. I am certain that when I attended the first hearing, someone on the council mentioned that it was necessary that emergency vehicles; specifically fire trucks would be able to access that property and be able to make a full and complete U-Turn up there. There is not enough room for that to happen safely.

Also, the property owners on either side of 900 Calhoun will be adversely affected if the request to re-zone is approved. Both property owners on either side use their property for Agricultural purposes. Both are used as a source of income. One as a boarding place for horses and mules.

The other produces avocados and fresh honey. These two things alone give our neighborhood a nice, down-home rural atmosphere. Many people move into this area simply because it's still semi-raw and untouched.

Also, Mr. Pohyar has no good will towards Hayward and his neighbors. He is hostile and has even threatened to shoot my dog while I walked past his house on Calhoun. I was across the street, nowhere near his property line. There is record of that incident with the Hayward Police Department, I did make a report of his threat. I do not take that lightly. We don't need or want people like that up here, especially when most of our neighbors get along well.

Basically, the applicant wants to create a situation where our good neighbors on either side of 900 Calhoun will end up being forced to sell their property. He is in hopes that he will be able to purchase those lots. This confuses me since he is always saying how dirty and ugly our beautiful city of Hayward is. he also complains that his structures overlook Holy Seplechre Cemetary, and the flies and the horses. He should have researched this area better before purchasing his lot. With that being said, it would be more beneficial to him to purchase land that is already zoned and compatible with his building plans.

I will cut this letter short for now. I do plan on attending the hearing when it is scheduled. I will be out of town from Aug. 27, 2025 until Sept. 3, 2025. I am in great hopes that the hearing will be before or after those dates.

Thank you for your time and attention on this matter.
8/6/25, 7:43 AM Mail - Taylor Richard - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADFiNmZhNWU5LTk0M2UtNDE2Mi1iZWI2LTRlMmMzOTJjZWRhNQAQAGJ9ioqJnfxEoqha1DHjBpY… 1/2 Attachment V
Regards,
Marcella James
27692 E.16th Street
Hayward, CA. 94544
Ph: 510-432-9209

8/6/25, 7:43 AM Mail - Taylor Richard - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADFiNmZhNWU5LTk0M2UtNDE2Mi1iZWI2LTRlMmMzOTJjZWRhNQAQAGJ9ioqJnfxEoqha1DHjBpY… 2/2 Outlook
Response to rezoning 900 Calhoun
FromChelsey Figueroa <[email protected]>
Date Tue 8/5/2025 10:30 PM
To Taylor Richard <[email protected]>
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Dear Taylor Richard / Planning Department,
As long-term residents and property owners at 1035 Calhoun Street, we are writing to express our strong opposition to the proposed zoning map amendment to rezone the property at 900 Calhoun Street from Agricultural (A) to Low-Density Residential (RLB10).

We have lived in this neighborhood for over 30 years and chose to stay here because of its unique and increasingly rare agricultural zoning—a character-defining feature of our area. This land use supports a peaceful, spacious environment that reflects Hayward’s rural roots and contributes to local biodiversity, sustainability, and community well-being.

Rezoning this property to residential—even low-density—opens the door to future development that will erode the agricultural integrity of our neighborhood. Once agricultural zoning is lost, it is rarely restored. This change would set a dangerous precedent for further rezoning and eventual overdevelopment in one of the few remaining agriculturally zoned areas in the city.

We urge the City to consider the long-term environmental, historical, and community impacts of this rezoning proposal and to preserve the Agricultural designation for 900 Calhoun Street in accordance with the intent and values of the Hayward 2040 General Plan.
8/6/25, 7:44 AM Mail - Taylor Richard - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADFiNmZhNWU5LTk0M2UtNDE2Mi1iZWI2LTRlMmMzOTJjZWRhNQAQABdvVffFLfZInM5QkSf%2B… 1/2 Please record our comments as part of the official public response. We would appreciate being kept informed of any hearings or updates regarding this matter.

Sincerely,
Chelsey Figueroa
510.514.1507
Owners, 1035 Calhoun Street
Hayward, CA
8/6/25, 7:44 AM Mail - Taylor Richard - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADFiNmZhNWU5LTk0M2UtNDE2Mi1iZWI2LTRlMmMzOTJjZWRhNQAQABdvVffFLfZInM5QkSf%2B… 2/2

1 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

The Planning Commission meeting was called t o order at 7:04 p.m. by Chair Hardy. The Planning Commission held a hybrid meeting in the Council Chambers and virtually via Zoom.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: CHAIRPERSON: Hardy
COMMISSIONERS: Goodbody, Haman, Lowe, Meyers, Stevens, Yorgov

Absent: COMMISSIONER:

Staff Members Present: Allen, Kowalski, Lochirco, Ochinero, Richard, Tabari, Vigilia, Wright

PUBLIC COMMENTS

Theresa Rezentes, a Woodland Estates resident, shared the need to support local businesses and expressed community concerns from a local gathering about B Street, including unpleasant odors, a threatening homeless presence, and cannabis dispensaries.

PUBLIC HEARING

1. Proposal to Operate a Commercial Cannabis Retail Dispensary in a Vacant Tenant Space in a Shopping Center at 21463 Foothill Boulevard (Assessor Parcel No. 414-0086-056- 02) in the General Commercial (CG) Zoning District, Requiring Approval of Conditional Use Permit Application No. UP-25-0011 and a Finding that the Project is Categorically Exempt from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Section 15301 of the CEQA Guidelines. Esther Lopez and Angilbert Sarkis, Gream Enterprises, Inc. [DBA Phenos Hayward] (Applicant/Operator); Foothill-Grove LLC (Property Owner) PH 25-042

Staff report submitted by Senior Planner Blanton , dated September 25, 2025, was filed.

Senior Planner Kowalski introduced the item and provided a synopsis of the staff report.

Commissioner Haman recused himself from this item due to his having a professional relationship with one of the co-applicants.

Commissioner Lowe requested a brief overview of the safety plan related to the project to which Senior Planner Kowalski stated in addition to armed security guards, several Attachment VI

2 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.
surveillance cameras have already been installed around the perimeter of the shopping center and more will be placed inside the facility. Detective Wright added she did not have the applicant’s exact security plan on hand, but the Hayward Police Department has reviewed it and confirmed that it meets their standards. The exact security plan could not be made public because it had detailed confidential information that could jeopardize the safety of the business and its employees if criminals were to obtain a copy.

Detective Wright confirmed the security requirements for retail cannabis dispensaries are different from those for liquor stores and tobacco shops, and explained that cannabis dispensaries must have security guards as part of their conditional use permit, while alcohol establishments may not, depending on the type. She noted tobacco shops typically don’t have such robust security requirements.

Detective Wright clarified that liquor and tobacco stores don’t always check IDs at entry because they sell items that can be purchased and consumed by those under 21. For cannabis dispensaries, which have a legal age of 21 to purchase products for recreational use, IDs must be checked and scanned before entry, and those aged 18 to 20 must present a valid medical cannabis card to enter and purchase products for medicinal use.

In response to Commissioner Lowe’s inquiry, Detective Wright explained the security guards must be state-certified, likely through the Bureau of Security and Investigative Services (BSIS) and hold a guard card . She added the guards are contracted through a security company that ensures they meet both company and state training standards. Planning Manager Lochirco explained cannabis dispensaries are subject to stricter regulations than tobacco or alcohol businesse s. As part of their conditional use permit, they must submit a detailed security plan, including IP surveillance cameras accessible by police, a monitored alarm system, secure waste disposal, and odor control measures. He noted that o n-site security guards are mandatory, and that all cannabis businesses undergo background checks and regular inspections. He emphasized that if the dispensary becomes a nuisance, the City Council has the authority to revoke its license.

Commissioner Lowe asked if the cannabis dispensary must renew its permit annually.

Planning Manager Lochirco confirmed it does, and noted that as part of the renewal process, the business is subject to inspections by the Hayward Police Department, Fire Department and Code Enforcement Division to ensure ongoing compliance with all operational conditions of approval.

Commissioner Lowe asked if Cookies generates more, fewer, or about the same number of callouts to the Hayward Police Department compared to other businesses. Detective Wright replied that the Cookies dispensary does not generate a significant number of calls for

3 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.
service. She explained that while some calls may be logged at that location due to its visibility, there is no indication it has created problems or an unusually high volume of police activity.

Commissioner Stevens asked if the 38 reported calls for service at Main and B Street were specifically related to the Cookies dispensary. Detective Wright explained that while approximately 38 calls for service were logged at the Cookies dispensary address over the past two years, most did not appear to be directly related to the business itself but were likely incidents involving people in the surrounding area.

Commissioner Stevens asked if comparing the 114 calls for service at the former Walgreens site is valid in context with those logged at Cookies. Detective Wright responded that many Walgreens calls were related to thefts and burglaries, making the context different.

Commissioner Stevens asked if reports of marijuana odor on B and Main Streets typically result in police calls. Detective Wright explained that odor complaints are logged as service calls at the reported location, such as Cookies if it's believed to be the source.

Commissioner Stevens asked how enforcement works for public marijuana use, and whether it's true authorities can't identify the source if only the smell is present. Detective Wright said enforcement requires seeing someone using marijuana. Smell alone isn’t enough to determine the source.

Commissioner Stevens asked if video surveillance is intended to prevent patrons from consuming cannabis outside the dispensary. Detective Wright confirmed it helps monitor for loitering and outside use. If complaints arise, footage can be reviewed to verify activity.

Commissioner Stevens asked if illicit activity outside a dispensary should be reported to Code Enforcement or the police. Detective Wright advised reporting crimes to the Police Department, while non -urgent issues can be addressed by either the police or Code Enforcement.

Commissioner Stevens asked if reporting violations could trigger a Conditional Use Permit (CUP) review. Planning Manager Lochirco clarified that public cannabis use doesn’t automatically CUP review, since off -site use is legal. He noted on -site consumption is prohibited in Hayward, unlike in cities with on-site lounges, and that the state regulates cannabis packaging and branding to restrict youth access.

Commissioner Stevens asked how the City enforces rules if a cannabis business fails to comply. Planning Manager Lochirco explained the City can begin permit revocation if a business like Cookies generates excessive police activity, with the Police Department’s vice team reviewing safety and security concerns.

4 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Commissioner Meyers asked if the 24 -hour camera system has battery backup. The applicants’ consultant, (insert first name here) Roberts with Gream Enterprises confirmed battery backup is required by state law and noted the business also uses a third -party firm to monitor footage in real time. He added the business voluntarily employs two security guards, though only one is mandated by state law.

Commissioner Meyers asked whether two guards are always present or if one covers 24 - hour security. Consultant Roberts clarified that two guards will be on -site during business hours, with remote monitoring after hours. He added the surveillance system includes battery backup, two-way communication, 90-day video storage, and METRC integration for compliance.

Commissioner Meyers asked what would lead to an increase from 500 –700 to 900 daily patrons. Consultant Roberts explained that the increase would be gradual, driven by high demand and limited legal access in Hayward, where only one dispensary is licensed and some smoke shops may be selling cannabis illegally.

Commissioner Meyers asked how customer lines will be managed outside the dispensary.

Consultant Roberts said the 15,000 sq. ft. facility is designed to avoid crowding issues seen in smaller dispensaries. He noted that more registers, trained local staff, better logistics, and consumer familiarity will all help to reduce lines.

Commissioner Meyers asked about the average time a customer would spend on -site, considering queues and staffing. Consultant Roberts said the dispensary will operate with 15–20 staff (compared to 2 –3 at typical locations) and use a “Costco -based” model with advanced logistics and software, reducing average visit time from 22 minutes to 7 –9 minutes.

Commissioner Goodbody asked why the applicant delayed opening between 2020 and 2025 and whether other locations were considered. Planning Manager Lochirco explained that when the retail dispensary permit was granted to co-applicant Esther Lopez in 2017–2018, zoning restrictions left few viable locations. In 2020, Hayward expanded its cannabis zones, creating more opportunities. Despite three retail dispensary permits being issued by the City Council in 2018, only one dispensary ha d opened so far, and that was Cookies . Applicant Lopez shared challenges with th e B Street location, including a failed lease where the landlord demanded 20% ownership without investing. She paid rent, made upgrades, and pursued arbitration (later dismissed due to lack of documentation). She searched for alternative sites but found no ne suitable, despite leveraging her local business and real estate connections. She is now seeking reapproval to open at the new location , generate revenue, and create jobs. Planning Manager Lochirco added that early industry stigma and

5 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.
federal legal uncertainties made landlords hesitant to lease to cannabis businesses. As the market matured, leasing became easier across all cannabis sectors, including retail, cultivation, and distribution.

Commissioner Goodbody asked whether approving the dispensary under Hayward’s 500 - foot buffer (versus the county’s 1,000-foot rule) could cause legal issues. Planning Manager Lochirco explained that the county’s 1,000-foot rule applies only outside city limits in their jurisdiction (e.g., in Cherryland, where the Garden of Eden dispensary is located). Hayward’s 500-foot buffer is a local policy. The state recommends , but does not require , buffer distances, so no legal penalties would result from the City’s decision.

Commissioner Goodbody asked if there are plans to improve ingress and egress at Foothill and Grove Way. Planning Manager Lochirco said the Transportation Division is not requiring any access modifications at the site but noted it is a retail reuse of a former Walgreens, which generated higher traffic levels. Senior Planner Kowalski added that Walgreens had a larger retail footprint and broader customer base. The dispensary will only use 1,400 of the 14,000 sq. ft. for actual retail display, with the remainder for storage and offices, so traffic impact is expected to be lower.

Commissioner Yorgov asked if any breach of the 53 CUP conditions would result in revocation. Senior Planner Kowalski said a single violation wouldn’t likely lead to revocation, but repeated or uncorrected issues could.

Commissioner Yorgov asked if repeated violations are handled by staff or require Commission review. Planning Manager Lochirco explained staff first works with the business to resolve issues, but serious or ongoing violations would go to the Commission and City Council, requiring due process and a public hearing.

Commissioner Yorgov asked how the Police Department’s experience with Cookies influenced security plan approval. Detective Wright said Cookies has not caused problems and has cooperated when service calls occurred.

Commissioner Yorgov asked if the new dispensary’s security plan was reviewed differently than Cookies’. Detective Wright said the approach remains the same, following state law, trends, and standard security requirements applied to all dispensaries.

Commissioner Yorgov asked how the long -vacant site was leased and if other tenants were considered. Consultant Roberts said finding space was difficult, as many landlords with national loans avoid cannabis tenants. He noted the applicant’s strong commitment to leasing a large, costly space somewhere in the Hayward community and pointed to broader industry and retail challenges contributing to the vacancy.

6 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Commissioner Yorgov asked if the security system uses on-site NVR or cloud-based storage.

Consultant Roberts confirmed footage is stored on-site but wasn’t sure if it would be NVR or cloud-based. He offered to follow up with their CTO and email the specifics. He also noted their strong compliance record , with no warnings or license revocations since 2017 across 14 California cities, and highlighted their advanced camera system, once even preferred by law enforcement over bank footage.

Commissioner Yorgov asked if the system allows for faster incident searches. Consultant Roberts confirmed it does, with features like labeled cameras and barcode integration that allow quick, targeted footage retrieval.

Chair Hardy asked why this location was chosen. Consultant Roberts said only two sites in Hayward met zoning, parking, and security requirements. One lacked sufficient parking; the other was the subject site . He noted early zoning placed dispensaries in industrial areas, which proved problematic. He emphasized cannabis retail dispensaries function best in retail zones.

Chair Hardy asked if location choice was driven by customer attraction. Consultant Roberts clarified that regulatory and logistical factors, not foot traffic, were key. Most customers find dispensaries through online searches and brand reputation. Adequate parking and traffic flow mattered more than visibility.

Chair Hardy asked why support letters were submitted just before the meeting and when staff received them. Senior Planner Kowalski said two letters were emailed late in the day, too late to share in advance. Mr. Drivon printed and distributed copies to commissioners and staff, with extras placed at the entrance before the beginning of the meeting.

Chair Hardy asked if the letters could be considered part of the official record despite late submission. Planning Manager Lochirco confirmed the letters are part of the public record and will be made publicly available.

Chair Hardy asked why the letters were submitted so late since one is dated June 20th and the other September 1st. Consultant Drivon explained one letter came from a martial arts school owner they met early in the process but wasn’t submitted earlier due to staff absence.

The landlord letter was requested a month ago but also delayed in submission.

Commissioner Stevens asked if cannabis facilities underperform in light industrial or non - core commercial areas due to inadequate infrastructure. Consultant Roberts confirmed that’s correct.

7 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Commissioner Stevens then asked if it’s the operator’s responsibility to build out needed infrastructure in such areas. Consultant Roberts explained early operators chose light industrial sites to meet rules regarding minimum separation from sensitive uses and to avoid delays, but those areas often lacked proper infrastructure.

Commissioner Stevens asked if operators can improve parking or make other upgrades to manage site demands. Consultant Roberts said businesses can invest in upgrades, but retail zones are better suited for cannabis due to existing infrastructure and stronger community support. He added that nearby businesses often become supportive after seeing improved security and customer traffic.

Commissioner Stevens asked if this site is effective because it was built for retail, with proper parking and drive aisles. Consultant Roberts confirmed that it is.

Commissioner Meyers asked what types of crimes would justify having an armed guard.

Detective Wright explained that security checks IDs to ensure legal age compliance and that armed guards, while optional, can deter more serious crimes like robbery. She noted burglary and theft are the most common, though not unique to cannabis businesses.

Commissioner Meyers asked whether the concern about potential robbery is due to a large quantity of valuable items being stored on-site, to which Detective Wright replied yes.

Chair Hardy opened the public hearing at 8:17 p.m.

The following speakers expressed opposition to the proposed cannabis dispensary near Foothill Boulevard, raising concerns about its proximity to a jiu -jitsu academy serving local youth, increased exposure of children to drug -related influences, marketing t hat targets minors, public safety risks including rising crime and loitering, traffic congestion in the surrounding area, inadequate parking, the clustering of dispensaries in a vulnerable area, and the overall negative impact on neighborhood character, youth development, and community well-being.

Karla Fernandez
Pat Doherty
Jas Dhillon
Brandi Gomes
Baylun Perkins
Jared Perkins
Elias Romero
Stephen Mocker
Robert Gomez Jr.

8 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Iceza Vezazquez
Lidiia Holokolosenko
Dr. Raina Petrov
Efrain Miranda
Raymundo Archuleta
Sandra’s iPhone
Matias Michelena
Marcia Lopez
Ann, Grove Way Neighborhoods
Diego Ramos
Zoom User (no name posted/submitted to the Clerk)
Nancy Respaldiza
TJ, Hayward Concerned Citizens
Aiden
Carleen (Elizabeth)
Oscar
Samantha (2)
Tom Ferreira

The following speakers expressed support for the proposed cannabis dispensary, citing the owner's deep roots in Hayward, history of community involvement, and commitment to operating a safe, compliant, and discreet business. They highlighted the benefits o f added professional security, local economic investment, and community education, noting the dispensary's positive relationship with neighboring businesses , lack of visible cannabis - advertising signage, and praised the owner's role in empowering women and giving back to the community.

Marcella James
Esther Lopez
Giulia Bodas
Zach Drivon
Mike Warda
Ron Roberts

Chair Hardy closed the public hearing at 9:43 p.m.

Commissioner Meyers acknowledged the City's significant budget deficit and the potential benefits of new businesses but expressed strong concerns about the dispensary’s proximity to another dispensary a short distance away across the county line. He noted substantial neighborhood opposition and believed the speakers at the meeting likely represented only a fraction of concerned residents. He highlighted existing traffic and parking issues, sharing

9 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.
personal observations about limited and impractical parking that may not accommodate the projected customer volume. While he praised Esther Lopez’s community contributions, he ultimately would be voting against the proposal due to these concerns.

Commissioner Stevens expressed concern that the cannabis use could negatively affect the neighborhood and public safety more than other commercial uses that might be able to occupy the space. He criticized the clustering of cannabis businesses near county borders, believing it to be poor planning - like clustering liquor stores. He cited the presence of armed guards and downtown cannabis odors as a negative image for the city. Stevens also referenced the closure of Walgreens and the high number of thefts at that site as indicators of deeper issues in the area.

Emphasizing the seriousness of cannabis addiction, he argued that such businesses should not be located on major retail corridors and opposed the conditional use permit.

Commissioner Goodbody raised public health concerns, referencing UCSF studies indicating that regular cannabis use can impair blood vessel function similar to tobacco and increase risks for asthma and COPD. She emphasized that cannabis should not be taken lightly and argued that approving the CUP contradicts community goals for a more business-friendly city. Citing traffic congestion and market saturation, she stated her intention to vote no.

Commissioner Yorgov focused on safety and compatibility. While emphasizing concerns for children, he noted the applicant had addressed safety with on-site guards, no loitering, and no smoking in the parking lot. Drawing from his experience living near another cannabis store without incident, he viewed the choice as one between a vacant storefront and a well-regulated business. He supported recommending approval to the City Council with conditions.

Commissioner Lowe stressed that personal beliefs about cannabis should not override voter decisions, noting widespread public support for legalization at the local, county, and state levels. She said the strict safety measures applied to cannabis businesses should also be applied to tobacco, vape, and liquor retailers. While she appreciated the applicant’s assurances regarding discretion and security, she remained concerned about cannabis business clustering and the lack of data on its potential impacts. Without that information, she would be voting no for now, pending further review.

Chair Hardy opposed the dispensary based on location concerns, specifically its proximity to family-oriented businesses and potential effects on the area’s character. While acknowledging the applicant’s strong community involvement and the presence of adequate safety measures, she did not believe the proposed use was in the public interest or compatible with the neighborhood. She also found arguments about parking and police presence unpersuasive.

Commissioner Stevens stated he would second the motion to deny the recommendation but sought clarification, distinguishing between the two components under consideration: CEQA

10 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.
(California Environmental Quality Act) and the Conditional Use Permit (CUP). Senior Planner Kowalski clarified that if most of the Commission recommends denial of the project, the CEQA component becomes irrelevant, as it only applies when the project moves forward to the Council for a final vote.

Chair Hardy clarified for the record that she also had no issue with the CEQA portion of the project. Senior Planner Kowalski clarified that the Planning Commission’s action is a recommendation, and the final decision on the matter will be made by the City Council.

Senior Assistant City Attorney Vigilia clarified that the motion on the floor is a recommendation to the City Council not to approve the conditional use permit.

Commissioner Lowe inquired whether there was any knowledge about whether Garden of Eden has been a source of problems or issues. Detective Wright clarified that she does not have access to specific statistics on whether Garden of Eden has been a problem, as that information would need to come from the Alameda County Sheriff’s Office. She also corrected an earlier statement by explaining that while there were 114 calls to the former Walgreens location over the past two years, not all of those were related to theft.

It was moved by Chair Hardy, seconded by Commissioner Stevens, and carried by a 5-1 vote to not make a recommendation that the City Council find the proposed project to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301, Existing Facilities, and approve Conditional Use Permit (CUP) Application No. UP-25-0011 to allow the establishment of the commercial cannabis retail dispensary.

AYES: COMMISISONER Goodbody, Lowe, Meyers, Stevens
CHAIR Hardy
NOES: COMMISSIONER Yorgov
ABSENT: COMMISISONER
ABSTAIN: COMMISSIONER
RECUSED: COMMISSIONER Haman

2. Proposed Zoning Map Amendment of a 0.94-Acre Site Located at 900 Calhoun Street (Assessor’s Parcel Number (APN) 078C-0647-001-02) from Agriculture (A) District to Low Density Residential- Minimum Lot Size - 10,000 square feet (RLB10) District Consistent with the Low Density Residential General Plan Land Use Designation, and Findings that the Zone Change is Fully Consistent with the Hayward 2040 General Plan Environmental Impact Report; Application No. MTA-25-0002. Applicant and Property Owner: Aman Pohyar PH 25-043

Staff report submitted by Senior Planner Blanton , dated

11 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

September 25, 2025, was filed.

Associate Planner Richard provided a synopsis of the staff report.

Commissioner Lowe questioned how the zoning and general plan land use designation became non -compliant. Associate Planner Richard explained that the area's general plan land use designation was updated to Low Density Residential, but the zoning was never updated to match, leading to the current inconsistency.

Commissioner Lowe asked for clarification on whether rezoning would impact the ability to maintain agricultural use on the land . Associate Planner Richard re plied that ancillary agricultural activities like keeping some livestock, such as chickens, and planting orchards or gardens, would still be permitted under the low-density residential zoning.

Commissioner Lowe asked if the existing stables would still be allowed under the new zoning.

Associate Planner Richard said stables would not be permitted under low-density residential zoning and noted that most of the former stable area is now occupied by the house, leaving little usable land for agriculture.

Commissioner Lowe also asked whether emergency vehicle access concerns would only be addressed during subdivision. Associate Planner Richard confirmed the house and ADU met fire department standards, and future subdivision would trigger another review for emergency access.

Commissioner Haman asked how much of the 0.94 -acre site is developable, given setback and landslide zone constraints. Associate Planner Richard said the site has limitations and that the applicant is only seeking rezoning for subdivision, with no current plans for new units. She lacks detailed information to determine future development potential.

Commissioner Haman asked the height of the existing house. Associate Planner Richard said the current zoning allows up to 40 feet, which may be the house’s height, though she didn’t know the exact figure.

Commissioner Haman aske d whether the existing house would no longer be allowed to be 40 feet tall after rezoning. Associate Planner Richard replied that new structures would not be allowed to reach 40 feet in height under the rezoning.

Commissioner Haman clarified that while new structures wouldn’t be allowed to reach 40 feet, the existing house could remain at its current height. Associate Planner Richard confirmed, adding that most two -story homes are around 30 feet tall, and the house may appear taller due to grade changes, as height is measured from the lowest point.

12 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Commissioner Haman then asked if the house, built over 40 feet under former agricultural zoning, would be grandfathered in. Associate Planner Richard explained the structure could not be made taller, and if significantly damaged, it likely couldn’t be rebuilt to the same height if it exceeds the current 40-foot limit.

Commissioner Haman whether the owner is unlikely to demolish the existing structures to bring everything back into conformity with the 30 -foot height limit. Associate Planner Richard replied that she doubts that is the owner's intention.

Commissioner Haman asked whether the required driveway access for fire safety would also take up a significant portion of the property. Associate Planner Richard confirmed and explained that a fire turnaround or access road, if required, is typically 26 feet wide.

Commissioner Haman asked if the owner had considered a future development plan or specific number of dwellings. Associate Planner Richard said the owner only intends to subdivide the lot into two and has proposed no additional units.

Commissioner Haman then asked if the owner aims to meet the 4.3 to 8.7 units per acre goal.

Associate Planner Richard replied not to her knowledge.

Commissioner Haman asked if the rezoning is simply to explore future development, with any actual plans requiring Commission or Council approval. Associate Planner Richard confirmed the rezoning is the only request at this time, and the owner seeks confirmation on the rezoning before investing in a subdivision map.

Commissioner Haman asked if the owner fully understands the risks and uncertainties of developing the property without a concrete plan in place. Associate Planner Richard clarified that the owner is not currently developing the property but is only requesting a zone change at this time.

Commissioner Haman asked if the owner is pursuing the zone change to allow for possible future development, despite uncertainty. Associate Planner Richard said the owner only intends to subdivide the lot, with no plans for new units, and is applying for the zone change as permitted.

Commissioner Yorgov asked if any future subdivision would require approval by the City Council. Associate Planner Richard explained that subdivisions with four or fewer units are approved at the staff level unless appealed to the Planning Commission, while subdivisions with five or more lots require Planning Commission approval.

13 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Commissioner Yorgov asked if concerns about emergency vehicle access and general site access would be addressed during the subdivision application process , to which Associate Planner Richard replied yes.

Commissioner Yorgov asked if anyone has shown interest in buying the site or using it for agricultural purposes . Applicant Pohyar replied that they do not plan to build anything further and are only seeking to change the zoning.

Commissioner Goodbody asked whether the site is connected to the city sewer system or relies on a well. Associate Planner Richard replied that the site is served by public water and sewer.

Chair Hardy asked whether the zoning request in December 2015 was a change from agricultural to low -density residential or to single -family residential. Associate Planner Richard explained that both the current and previous rezoning requests involve changing the zoning from agricultural to low -density residential with a minimum lot size of 10,000 square feet. She highlighted t he difference is that the current request only includes 900 Calhoun, whereas the previous proposal included both 890 and 900 Calhoun.

Chair Hardy asked if the General Plan had been changed to match the zoning. Associate Planner Richard said the area's Low -Density Residential designation was identified in the 2014 plan. Changes require a City -initiated or applicant -requested amendment, limited to four per year, and this property is not a priority. She added that 890 Calhoun and nearby properties share the same designation, ensuring consistency.

Chair Hardy asked if there have been any General Plan updates since that time. Associate Planner Richard replied that there have been no General Plan land use designation updates in this area since then , however t here have been updates elsewhere, such as the housing element and the La Playa Residential development near the airport, but nothing affecting this site.

Chair Hardy opened the public hearing at 10:35 p.m.

The following speakers expressed opposition to rezoning 900 Calhoun Street from agricultural to low -density residential, raising concerns about preserving their multi -generational agricultural heritage, including livestock and community traditions, irreversible development, impacts on property values, fire safety, emergency access, and environmental risks.

Chelsey Figueroa
Grace Buenrostro
Basilio Buenrostro

14 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Marcella James
Eujenia Hernandez

Chair Hardy asked staff to provide details about the A DU that was built. Associate Planner Richard confirmed the ADU was approved per state regulations but didn’t have exact size details. She noted the structure includes a garage and shed, so not all the built area is solely for the ADU.

Chair Hardy closed the public hearing at 10:53 p.m.

Commissioner Lowe how far the rezoning would extend. Associate Planner Richard clarified it applies only to 900 Calhoun. When Lowe raised concerns about potential impacts on neighbors’ animals and 4H programs, Richard said she was unsure where those concerns originated, emphasizing no neighboring properties are affected. Planning Manager Lochirco added that under current state law, property owners can develop based on either the general plan or zoning, whichever is more favorable. Even if the rezoning is denied, the applicant can still build 4–8 units under the general plan. He noted cities must review such applications within 180 days and have limited grounds for denial. The rezoning request is intended to bring zoning into alignment with the general plan, but the applicant’s development rights remain protected either way.

Commissioner Stevens questioned the purpose of the meeting, given that state law already guarantees the applicant’s right to develop their property regardless of the rezoning decision.

Associate Planner Richard explained that while the general plan sets density guidelines, it does not specify minimum lot sizes. She noted that the agricultural district requires a minimum lot size of one acre, so subdividing into two properties requires a two-acre site. She highlighted that the applicant wants to subdivide the land, they need rezoning to do so.

Commissioner Stevens sought confirmation that local control exists over subdivision through rezoning requirements. Planning Manager Lochirco explained that local control over rezoning is limited because the applicant’s request aligns with the general plan, making it difficult for the City to deny without a specific life safety issue. He also noted that the applicant has no plans for further development, and natural geological hazards on the site, such as fault zones, will prevent overdevelopment regardless of land use designations.

Commissioner Haman expressed concern about rezoning, noting the property already has two large homes allowed under its agricultural zoning. He questioned the need for rezoning without a site plan and suggested keeping the agricultural designation for benefits like a higher height limit. Senior Assistant City Attorney Vigilia clarified that a development plan isn't required with a rezoning request. He explained the state prioritizes aligning zoning with the general plan, which takes legal precedence, and such inconsistencies are often addressed case by case.

15 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Commissioner Yorgov expressed that although he recognizes the deep community ties to the property and the significance of the decision , the Commission's role is to make land use decisions based on compliance with the general plan—not personal sentiment. He noted that the current rezoning request aligns with the general plan and that the Commission cannot challenge or amend that plan. He noted that he believes the City Council should consider revisiting the general plan to better reflect the area's agricultural character.

Commissioner Stevens strongly opposed the rezoning, stating that the general plan may have been flawed from the outset due to a lack of community outreach and understanding of the area. He highlighted the neighborhood’s rural and agricultural character as a unique and valuable aspect of Hayward that is becoming increasingly rare. He expressed frustration over the growing restrictions on agricultural uses and criticized the state legislature and governor for undermining local land use control.

Commissioner Goodbody asked whether soil or engineering studies are required as part of the zoning change process. Planning Manager Lochirco responded that soil or engineering studies would only be necessary if a subdivision is proposed, to demonstrate whether there is sufficient buildable area. He clarified that rezoning does not create buildable lots—it simply reclassifies the land. He emphasized that regardless of whether the rezoning is approved or denied, the applicant still has the legal right to develop 4 to 8 dwellings under the general plan. Planning Manager Lochirco added that without rezoning, the site could become a multifamily parcel, which would be even more inconsistent with the surrounding single-family neighborhood.

Commissioner Goodbody asked whether an Accessory Dwelling Unit (ADU) would require soil or engineering studies. Planning Manager Lochirco explained that ADUs are ministerially approved and allowed by right, meaning they do not require discretionary review or soil and engineering studies, if they meet both City and state requirements.

Commissioner Meyers expressed uncertainty about the rezoning, noting it applies to a single property and may have limited direct impact, but acknowledged concerns about setting a precedent. He recognized fears of overdevelopment but pointed out that site constraints may limit what can be built. He noted the applicant’s intent to subdivide and sell one home may not significantly change the neighborhood. He asked if there were legal grounds to deny the rezoning. Planning Manager Lochirco responded that likely none exist, as the request aligns with the City's general plan, which has designated the parcel as low-density residential since at least 2014, and possibly for 20–30 years.

Commissioner Meyers asked if this vote is essentially procedural, since the general plan takes precedence, leaving little room for denial. Planning Manager Lochirco explained that while the City follows its usual processes and navigates recent state laws that limit local authority,

16 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.
rezonings still require proper review. He noted that when a rezoning aligns with the general plan it becomes much harder for the City to deny it because there’s no legal basis to do so, especially since the community’s vision was established about 30 years ago. Commissioner Meyers shared that the street in question is one of the rarest and most cherished in the City, describing it as unique and almost like a separate area. He values its seclusion and distinct character, acknowledging that only a small portion of the City lives there.

Chair Hardy highlighted a 2015 City Council request to correct what was seen as an error in the general plan, which was never addressed. She noted the property should have been designated agricultural. She also referenced the required findings for approval, particularly the need to show that the rezoning promotes public health, safety, and welfare, which is often linked to addressing the housing crisis. She questioned how that finding could be met , si nce no development plan or housing proposal was presented . Chair Hardy stated she could not support the rezoning due to the lack of proposed housing, safety assurances, or clear purpose for subdividing the property.

Commissioner Lowe asked whether voting no on the rezoning could expose the City to any liability. Senior Assistant City Attorney Vigilia explained that the Planning Commission is only making a recommendation. He added that the City Council will make the ultimate decision, so the Commission can recommend either way without directly exposing the City to liability.

Commissioner Lowe asked if the City Council followed the Commission’s recommendation to deny the rezoning could it expose the City to any liability. Senior Assistant City Attorney Vigilia replied that liability concerns would need closer review but noted that state legislation strongly favors consistency between the general plan and zoning, prioritizing the general plan in conflicts. He added that if the City Council has questions about whether the land use designation was an error, they could revisit it. He highlighted that the City must follow the general plan as law, and any mistakes in it must be corrected through legislative action by the City Council.

Commissioner Yorgov asked what the general plan amendment process entails . Associate Planner Richard explained that amending the general plan begins with staff conducting additional environmental review under the CEQA process, since the current plan doesn’t analyze the site as agricultural. She noted that t he amendment would then require a recommendation from the Planning Commission and approval by the City Council. Associate Planner Richard highlighted that state law requires a “no net loss” policy, meaning the City can’t downzone properties without upzoning others to maintain overall housing capacity—so if this site were downzoned to agricultural, another area would need to be upzoned to compensate.

Planning Manager Lochirco clarified that under recent state laws, the City cannot reduce its housing capacity by changing a land use designation from one allowing 4 to 8 units per acre to one allowing only 1 unit per acre, such as agricultural zoning. He added that if such downzoning occurs, the City must offset the loss by upzoning other areas and report the change to the state.

17 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

It was moved by Commissioner Stevens, seconded by Chair Hardy, and carried unanimously, to not make a recommendation that the City Council approve the proposed Zoning Map Amendment, subject to the attached Findings and Conditions of Approval; and Findings that the Zone Change is Fully Consistent with the Hayward 2040 General Plan Environmental Impact Report for the purposes of CEQA.

AYES: COMMISISONER Goodbody, Haman, Lowe, Meyers, Stevens, CHAIR Hardy
NOES: COMMISSIONER Yorgov
ABSENT: COMMISISONER
ABSTAIN: COMMISSIONER

APPROVAL OF MINUTES

3. Minutes of the Planning Commission Meeting on May 22, 2025 MIN 25-100

It was moved by Commissioner Lowe, seconded by Commissioner Meyers, and carried unanimously, to approve the minutes of the Planning Commission on May 22, 2025.

AYES: COMMISISONER Goodbody, Haman, Lowe, Meyers, Stevens, Yorgov
CHAIR Hardy
NOES: COMMISSIONER
ABSENT: COMMISISONER
ABSTAIN: COMMISSIONER

4. Minutes of the Planning Commission Meeting on August 28, 2025 MIN 25-102

It was moved by Commissioner Lowe, seconded by Commissioner Meyers, and carried unanimously, to approve the minutes of the Planning Commission on August 28, 2025.

AYES: COMMISISONER Goodbody, Haman, Lowe, Meyers, Stevens, Yorgov
CHAIR Hardy
NOES: COMMISSIONER
ABSENT: COMMISISONER
ABSTAIN: COMMISSIONER

COMMISSIONERS’ ANNOUNCEMENTS, REFERRALS

18 PLANNING COMMISSION MEETING

COUNCIL CHAMBERS AND VIRTUAL (ZOOM)

PARTICIPATION
Thursday, September 25, 2025, 7:00 p.m.

Planning Manager Lochirco announced that the only item on the next agenda is a conditional use permit application for an Enterprise rental car business located downtown that the Commission will be asked to make a decision on.

ADJOURNMENT

Chair Hardy adjourned the meeting at 11:20 p.m.

APPROVED:

______________________________________________________
Ron Meyers, Secretary
Planning Commission

ATTEST:

___________________________________________________
Briea Allen
Planning Commission Secretary
Office of the City Clerk

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-033
DATE: October 21, 2025
TO: Mayor and City Council
FROM: Mayor

SUBJECT
Adopt a Resolution Appointing Jennifer Ott as City Manager of the City of Hayward Effective December 8, 2025; Approving the Employment Agreement between Ott and the City of Hayward; and Authorizing the Mayor to Execute the Agreement

RECOMMENDATION
That the City Council adopts a resolution (Attachment III) approving the appointment of Jennifer Ott as the City Manager for the City of Hayward, approving the employment agreement between the City and Ott, and authorizing the Mayor to execute the agreement.

SUMMARY
Pursuant to Article VII of the Hayward City Charter, the City Manager shall be appointed by the Council and serve at the pleasure of the Council. After the separation of the former City Manager, the Council initiated a search for a candidate to fill the position. Jennifer Ott has been selected to serve in the City Manager role beginning December 8, 2025.

ATTACHMENTS
Attachment I Staff Report
Attachment II Employment Agreement
Attachment III Resolution
CITY OF HAYWARD Printed on 10/17/2025Page 1 of 1
powered by Legistar™
DATE:

TO:

FROM:

SUBJECT:

October 21, 2025
Mayor and City Council
Mayor
Adopt a Resolution Appointing Jennifer Ott as City Manager of the City of Hayward Effective December 8, 2025; Approving the Employment Agreement between Ott and the City of Hayward; and Authorizing the Mayor to Execute the Agreement

RECOMMENDATION
That Council adopts a resolution (Attachment III) approving the appointment of Jennifer Ott as the City Manager for the City of Hayward, approving the employment agreement between the City and Ott, and authorizing the Mayor to execute the agreement.

SUMMARY
Pursuant to Article VII of the Hayward City Charter, the City Manager shall be appointed by the Council and serve at the pleasure of the Council. After the separation of the former City Manager, the Council initiated a search for a candidate to fill the position. Jennifer Ott has been selected to serve in the City Manager role beginning December 8, 2025.

BACKGROUND AND DISCUSSION
Following the separation of the former City Manager on June 24, 2025, the City and the Council appointed an interim City Manager pending the recruitment and selection of a new City Manager.

Aided by an executive search firm, the Council conducted an extensive search to select the appropriate candidate. The search culminated with the selection of three finalists, who participated in interviews with Council and the City’s Executive team. Community and labor groups were also invited to participate in the interview process.

After careful consideration of all applicants, the Council has selected Jennifer Ott to serve as the next City Manager effective December 8, 2025. Ott has more than 25 years of experience working on local government issues, especially in Alameda County where she is considered one of its most dynamic civic leaders.

Before her initial service to the City of Hayward from 2018 to 2022, Ott worked for 13 years in numerous capacities for the City of Alameda, which included Base Reuse and Transportation Planning Director and Deputy City Manager prior to eventually returning as City Manager.

Ott was previously a Vice President at Economic & Planning Systems (EPS) of Berkeley, a leading land-use policy and real estate development consultancy to local governments and private developers. Ott earned a Master of Public Policy degree from the University of California, Berkeley, and a Bachelor of Arts in History and Spanish from the University of California, Davis.

The Council and Ott have reached agreement as to the terms of employment, and the Council is asked to approve the employment agreement and authorize the Mayor to sign the agreement on behalf of the City. Terms of the agreement include yearly compensation of $393,000, with increases subject to annual performance reviews. In recognition of a pre-arranged leave in January, Ott will be advanced vacation leave entitlements for the first year of employment with subsequent years following the accrual schedule of other unrepresented employees.

In light of the City’s current fiscal crisis, Ott will forego for one year the personal equipment and automobile allowance provided in her contract, resulting in a reduction of $18,000 to her overall compensation during the first year of employment. This adjustment is made in lieu of the 4% salary reduction taken by other City leadership.

FISCAL IMPACT

The City Manager’s compensation, as reflected in the employment agreement, is currently budgeted for $385,000. The new agreement authorizes compensation of $393,000 for the newly appointed City Manager, resulting in a $8,000 increase to the general fund.

STRATEGIC ROADMAP

This agenda item is a routine operational item and would not impact the priorities outlined in the Council’s Strategic Roadmap.

NEXT STEPS

If approved, Human Resources staff will finalize the employment agreement and offer letter and coordinate implementation of the salary and compensation in coordination with the Finance Department.

Prepared by:

Michael Lawson, City Attorney

Recommended by:

Mark Salinas, Mayor
Approved by:
____________________________________________
Mark Salinas, Mayor
Attachments:

Attachment II Employment Agreement
Attachment III Resolution

HAYWARD CITY MANAGER EMPLOYMENT AGREEMENT

THIS AGREEMENT, dated for convenience the day of October, 2025, is by and between _______________, an individual ("Employee") and the CITY OF HAYWARD, a public body of the State of California ("Employer").

RECITALS:

WHEREAS, The Employer recognizes the Employee’s experience, skills, and abilities as presented through a nationwide search and third party recruitment process; and

WHEREAS, The Employer desires to appoint the Employee to the position of City Manager, effective December 8, 2025, through December 8, 2028; and

WHEREAS, The Employer desires to establish conditions of appointment, provide appropriate compensation and benefits, and set working conditions for such assignment to the position of City Manager; and

WHEREAS, The Employee desires to accept this appointment as described above and on such terms as set forth herein.

NOW, THEREFORE, in consideration of the covenants

Section 1 Term

The Term of this Agreement is December 8, 2025, through December 8, 2028. This Agreement shall be renewed subject to annual performance reviews as outlined in Section 12.

Section 2 Duties and Authority

Employer agrees to employ Employee as City Manager to perform the functions and duties specified in Article VII sections 700 et seq. of the Hayward City Charter and such other lawful and appropriate duties and functions as directed by the City Council. Employee shall maintain membership in the International City/County Management Association (ICMA) and remain in good standing for the duration of the employment.

Section 3 Compensation

Employee's Base Salary will be set at $393,000.00. Thereafter and subject to an evaluation of performance, Employer may increase Employee's salary by resolution.

During the Term of this Agreement, Employer agrees to pay Employee on the same schedule as other City of Hayward employees, which is currently bi-weekly.

Attachment II
Section 4 Health, Disability, Life Insurance, and Other Benefits

Upon commencing employment, Employer agrees to provide and to pay the premiums for health, hospitalization, surgical, vision, dental, and comprehensive medical insurance for Employee and any dependents equal to that which is provided to all unrepresented management employees of Employer.

Similarly, Employer agrees to obtain and to make required premium payments for short term and long-term disability insurance coverage for Employee while this Agreement is in effect.

Employer shall also pay for term life insurance for Employee in an amount equal to Employee's gross annual Base Salary (including all salary increases during the life of this Agreement) or Employer's maximum allowable amount of term life insurance coverage under Employer's contract with its insurer, if said amount is less than Employee's gross annual Base Salary.

Employee shall have the right to choose the beneficiary on such policies.

In addition to the benefits set forth herein, all actions taken by the City Council relating to benefits for Unrepresented Management Employees shall be considered actions granting the same level of benefits to Employee, unless mutually agreed otherwise between Employer and Employee.

Employer provides employees with access to a deferred compensation plan. Employer will not provide an employer contribution to the deferred compensation plan.

Section 5 Vacation and Sick Leave

Upon commencing employment, Employee shall begin accruing vacation hours at the rate of one hundred twenty (120) hours per year. Employee shall accrue sick and vacation leave on an annual basis in accordance with the Salary and Benefits Resolution for Unrepresented Management Employees, unless and until this Agreement is amended.

Notwithstanding the prior paragraph, for the first year of Employee’s employment, Employee will not accrue paid vacation but, instead, effective December 8, 2025, the City shall provide her with 120 hours of paid vacation. Beginning the first pay period following December 8, 2026, Employee will accrue paid vacation as provided in the prior paragraph.

Employee shall be entitled to eighty (80) hours of management leave annually as provided in the Salary and Benefits Resolution for Unrepresented Executive Employees. Effective December 8, 2025, Employee will be provided with eight (8) hours of management leave as a pro-rated allotment for the duration of calendar year 2025. Subsequently, management leave is awarded annually with the full entitlement provided in January to be used throughout the year.

Employee may cash out up to one-hundred twenty (120) hours Management Leave and/or Vacation Leave each fiscal year subject to the cash out and notification provisions contained in Section 8.02 of the Salary and Benefits Resolution for Unrepresented Management Employees.

Employee shall not take more than fifteen (15) workdays of said leave at any one time, exclusive of holidays recognized by Employer, to which Employee shall also be entitled. Upon approval of the Council, leave may be extended beyond the fifteen (15) workday limit established above.

In the event of termination, either voluntarily or involuntarily, Employee, or if the case of her death, Employee's heirs, shall be compensated for all accrued sick and vacation time as of the date of termination as provided in the Salary and Benefits Resolution for Unrepresented Management Employees and consistent with City policies.

Section 6 Personal Equipment and Automobile Allowance /Health and Wellness Reimbursement

In recognition of the City’s current financial situation, and in-lieu of salary reduction through furlough, Employee has agreed to forgo a personal equipment and automobile allowance for the first year of employment.

Commencing December 8, 2026 and for the remaining term of Employee’s agreement, Employee shall receive a one-thousand five-hundred dollar ($1,500) per month stipend for the use of personal equipment and automobile, payable bi-weekly at the rate of six-hundred ninety- two dollars and thirty cents ($692.30) per pay period. Personal equipment includes, but is not limited to cell phone, iPad, laptop, printers, etc. Employee may be reimbursed for mileage expenses incurred for non-routine meetings and conferences if vehicle travel exceeds fifty (50) miles one- way. Non-routine meetings are those that do not occur at a regular interval i.e.: weekly, monthly, annually, and/or where participation in the meeting is not a required part of the position.

Employer agrees to provide Employee mileage reimbursement for qualified expenses at the same level as provided for Unrepresented Management employees.

The City will reimburse the employee the equivalent of a maximum of one hundred dollars ($100.00) per month for expenses associated with health and wellness programs. This reimbursement may be used for the purchase of or recurring monthly fees associated with gym or health club memberships, fitness class, personal trainers, weight loss programs, or other health and wellness related expenses. Requests must be made in writing and submitted with proof of enrollment and receipt(s).

Section 7 Professional Development and Business Expenses

Employer acknowledges its mutual interest in the continuing professional development of Employee. Employee agrees to devote all professional time and attention to the City's business during the Term of this Agreement.

Employer agrees to allow and pay for professional dues and subscriptions of Employee for continuation and full participation in national, regional, state, and local associations, including but not limited to ICMA, the League of California Cities, and such other organizations necessary and desirable for Employee's continued professional participation, growth, and advancement and for the good of the Employer.

Employer agrees to pay travel and subsistence expenses of Employee for conferences in a manner consistent with the treatment of other Executive employees and consistent with the City's policies and procedures for travel and training reimbursement. Employer agrees to reimburse Employee for reasonable business expenses to conduct non-conference related City business including meals, travel, and lodging.

Employee will present a proposed budget for professional development and business expenses to the Council Appointed Officers Committee for review and approval at the beginning of each fiscal year.

Section 8 Retirement

Employee shall be required to pay the full CalPERS Employee contribution rate of eight percent (8%). In addition to the eight percent (8%) employee rate, the Employee shall continue contributing five percent (5%) toward the Employer contribution rate.

Section 9 Termination

Termination of this Agreement may occur under any of the following circumstances:

A. If after proper meeting notice, a majority of the governing body votes to terminate Employee at a duly authorized public meeting;

B. If Employer, residents, or Legislature acts to amend any provisions of the Charter, Ordinances, or appropriate enabling legislation pertaining to the role, powers, duties, authority, and responsibilities of Employee's position, and such amendment substantially changes the form of government, Employee shall have the right to declare that such amendment constitutes termination;

C. If Employee resigns following an offer by Employer to accept resignation, whether such offer is formal or informal, then Employee may declare a termination as of the date of Employee's acceptance of such formal or informal offer;

D. If either party fails to cure a breach of contract as declared by either Employer or Employee within a 30-day period after the declaration of such breach of contract, provided written notice of such breach of contract is provided in accordance with provisions of Section 21;

E. If Employee is convicted of a felony or misdemeanor involving moral turpitude, or if it is established that Employee's performance constitutes malfeasance or gross dereliction of duty, in which case Section 17 of this Agreement shall also apply;

F. If Employee fails or refuses to follow a direct, lawful, and material order by Employer, representing the direction of a majority of the Council; and

G. If Employee violates one or more tenets or ethical principles of ICMA.

H. Employee shall not be removed during the 90-day period preceding or following any City election for membership on the City Council, or during the 90-day period following any change in membership of the City Council, except upon an affirmative vote of at least six of the seven members of the City Council. Employee will be eligible for Severance Pay as outlined in Section 11 if this Agreement is terminated for this reason.

Section 10 Severance

A. Except as expressly provided herein, Severance shall be paid to Employee when employment is terminated as set forth in Section 9 during the first fifteen (15) months of appointment. If Employee is terminated, Employer shall provide a minimum Severance payment equal to ninety (90) days salary and benefits at the then- current rate of pay. This Severance shall be paid in a lump sum unless otherwise agreed to by Employer and Employee. Severance does not include life insurance. Employee shall also be compensated for all accrued sick leave, vacation time, all paid holidays and administrative leave as provided in the Salary and Benefit Resolution for the Unrepresented Management Employees.

B. If Employee is terminated under any of the circumstances set forth in items E, F, or G of the preceding Section 9 at any time after appointment, Employer is not obligated to pay Severance.

C. Except as set forth in item H of the preceding Section 9, Employer is not obligated to pay Severance beyond the first fifteen (15) months of appointment.

Section 11 Resignation

In the event that Employee voluntarily resigns her position with Employer, Employee shall provide a minimum of ninety (90) days' notice, unless the parties agree otherwise, and shall receive no Severance.

Section 12 Performance Review

Following appointment, Employer will review performance in June 2026 and conduct a formal evaluation in March 2027.

Employer will subsequently review the performance of the Employee under this Agreement in the spring of each year. Performance reviews will include at least the identification of mutually agreed upon goals to be achieved by Employee in the ensuing year, as well as a review of compensation for the coming year.

Section 13 Hours of Work

Employee shall be an exempt employee under FLSA. Employee does not have set hours of work but is expected to engage in those hours of work necessary to fulfill the obligations of the City Manager's position. Employer recognizes that the Employee must devote a great deal of time to business of the City outside of the City's customary office hours and Employee's schedule of work each day and week may vary in response to the requirements of the work to be performed.

Employee is required to maintain a regular on-site presence during normal business hours that is sufficient to properly administer and oversee the activities of the City and its employees, to provide accessibility to City Council members, Department Heads, residents, and other persons or firms who have business with the City and to generally ensure that the City functions appropriately on a day-to-day basis. Employee is expected to be available at all times, except for time taken on personal matters, such as vacations; Employer expects Employee to make prudent and reasonable arrangements for such personal time off, such as reasonable notice and arrangements, for example, for acting City Managers.

Section 14 Outside Activities

The employment provided for by this Agreement shall be Employee's sole employment, unless otherwise agreed to by Employer prior to Employee engaging in any such other employment.

Section 15 Residency

Employer and Employee both agree that it is desirable for Employee to live in Hayward:
residency is encouraged but not required.

Section 16 Indemnification

Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities unless the act or omission involved willful or wanton conduct. Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other costs and expenses of legal proceedings including attorneys' fees, and any liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual, or threatened, arising out of or in connection with the performance of her duties. Any settlement of any claim must be made with prior approval of Employer in order for indemnification, as provided in this Section, to be available.

Section 17 Abuse of Office or Position

If Employee is convicted of a crime involving an abuse of her office or position, all of the following shall apply: (1) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Employee shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Employee may receive from City shall be fully reimbursed to City or shall be void if not yet paid to Employee. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice.

Section 18 Bonding

Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 19 Other Terms and Conditions of Employment

Employer may set such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Hayward City Charter, or any other law.

Section 20 Notices

Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service postage prepaid addressed as follows:

(1) EMPLOYER: Mayor of the City of Hayward
City Hall
777 B Street
Hayward, CA 94541

(2) EMPLOYEE: Jennifer E. Ott

ADDRESS ON FILE

Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil service of process. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service.

Section 21 General Provisions; Integration; Severability

This Agreement sets forth and establishes the entire understanding between Employer and Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated into and made a part of this Agreement.

The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.

IN WITNESS THEREOF, Employee has executed this Agreement, and Employer, by and through its Mayor, duly authorized to act, has executed this Agreement.

________________________________________________________________________ Mark Salinas DATE
Mayor, City of Hayward

________________________________________________________________________ Jennifer Ott, City Manager DATE

ATTEST:

________________________
Miriam Lens, City Clerk

APPROVED AS TO FORM:

___________________________
Michael Lawson, City Attorney

ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member __________________

RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE

CITY OF HAYWARD AND CITY MANAGER AND AUTHORIZING THE MAYOR TO

EXECUTE THE AGREEMENT

WHEREAS, the City Council embarked on an extensive search for the City Manager following separation of the former City Manager on June 24, 2025; and

WHEREAS, the Employer recognizes the weight of the responsibility and approached the search with the utmost care, professionalism, and focus, aided by the trusted search firm; and

WHEREAS, the Employer has selected Jennifer Ott to serve as the City Manager.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the employment agreement between the City of Hayward and the City Manager beginning December 8, 2025, through December 8, 2028, and authorizes the Mayor to execute the agreement.

ATTACHMENT III

IN COUNCIL, HAYWARD, CALIFORNIA ____________________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
Miriam Lens
City Clerk

APPROVED AS TO FORM:

__________________________________________
Michael Lawson
City Attorney