Hayward City Council
October 28, 2025

Tuesday, October 28, 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 28, 2025City Council Agenda

CONCURRENT MEETING OF CITY COUNCIL AND

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

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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

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

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

Participate in the Council Chambers or click link below to join the meeting:
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Password: CC1028@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
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Password: 1387454209

October 28, 2025City Council Agenda

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

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

ROLL CALL

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

CONSENT
Approve the Geologic Hazard Abatement District Board (GHAD) Minutes of the Board Meeting of June 24, 2025
MIN 25-1131.

Attachments: Attachment I Draft Minutes of 6/24/2025

LEGISLATIVE BUSINESS
Resolution 25-02 Accepting Petition for Annexation of the Parcel Group 3 Development and Directing a Public Hearing Be Held Regarding the Request for Annexation
LB 25-0352.

Attachments: Attachment I Staff Report
Attachment II GHAD Resolution
Attachment III Parcel Group 3 Petition for Annexation
GHAD Manager's Report
An oral report from the GHAD Manager on ongoing activities, events, or other items of general interest to the GHAD and the public, if any.

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

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

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

October 28, 2025City Council Agenda

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers

CLOSED SESSION ANNOUNCEMENT

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
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Landscape Maintenance Contract with Los Loza, Inc. in a Not-to-Exceed Amount of $3.2 Million Over Five Years for Mission Blvd/Route 238 Phases 1, 2, and 3, Linear Park, and Jackson St/Route 92 and Appropriate $120,000 Yearly for the Term of the Contract
CONS 25-4711.

Attachments: Attachment I Staff Report
Attachment II Resolution

October 28, 2025City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with SWA Services Group, to
Provide Janitorial Cleaning Services at Various City Locations for a Term of Three Years With Two One-Year Options to
Extend in a Contract Amount of $2,698,755 and a Contingency Amount of $135,000, for a Total Not-To-Exceed Amount of $2,833,755
CONS 25-4722.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Maddaus Water
Management, Inc. for the Preparation of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan in a Not-to-Exceed Amount of $175,000
CONS 25-4773.

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 25-0384.

LEGISLATIVE BUSINESS
Adopt 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 Sq. Ft. District in Connection with Zone Change
Application No. MTA-25-0002 (Report from City Clerk Lens) LB 25-0375.

Attachments: Attachment I Staff Report
Attachment II Summary of Ordinance

October 28, 2025City Council Agenda
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 Maintenance Services Director Rullman and City Attorney Lawson)
LB 25-0366.

Attachments: Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
Adopt Resolutions Amending the Unrepresented Employees
Salary and Benefits Resolution for Executives, the City Clerk Employment Agreement, and the City Attorney Employment
Agreement (Report from Human Resources Director Tecson) LB 25-0317.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Salary & Benefits Resolution - Unrep Employees Attachment IV Resolution - City Clerk
Attachment V Resolution - City Attorney

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

COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.

ADJOURNMENT
NEXT MEETING, November 4, 2025, 7:00 PM

October 28, 2025City Council Agenda

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit her /his address 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. Speaker Cards are available from the City Clerk at the meeting.

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 25-113
DATE: October 28, 2025
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager

SUBJECT
Approve the Geologic Hazard Abatement District Board (GHAD) Minutes of the Board Meeting of June 24, 2025

RECOMMENDATION
That the GHAD Board approves the GHAD meeting minutes of June 24, 2025.

SUMMARY
The GHAD Board held a GHAD Board meeting on June 24, 2025.

ATTACHMENTS
Attachment I Draft Minutes of 6/24/2025
CITY OF HAYWARD Printed on 10/24/2025Page 1 of 1
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MINUTES OF JOINT CITY COUNCIL/HAYWARD GEOLOGIC HAZARD

ABATEMENT DISTRICT BOARD MEETING

OF THE CITY OF HAYWARD
Council Chambers
777 B Street, Hayward, CA 94541
Tuesday, June 24, 2025
The Joint City Council/Hayward Geologic Hazard Abatement District Board meeting was called to order by Board Chair Salinas at 7:03 p.m.

ROLL CALL

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

Absent: Zermeño

PUBLIC COMMENT
None.

CONSENT CALENDAR

1. Approve the GHAD Minutes of the Board Meeting of November 19, 2024. It was moved by Board member Bonilla and seconded by Board member Syrop to approve the minutes; the motion carried unanimously (6-0-0), with Zermeño absent.

PUBLIC HEARING

2. GHAD Manager Haley Ralston presented the staff report regarding the proposed GHAD budget for the 2025/2026 fiscal year from July 1, 2025, to June 30, 2026. The proposed budget is $260,804.00. While the GHAD Board suspended the levy of assessment during the 2023/2024 fiscal year for The Reserve development, the Board authorized reinstating an assessment levy in 2024/2025 fiscal year. For the 2025/2026, staff recommend an assessment levy of $1,217.50 for parcels within The Reserve development. Staff recommended the 2025/2026 fiscal year levy be imposed at the consumer price index (CPI) inflation-adjusted reserve limit for the Hideaway and Hayward SoMi developments.

Staff also recommended updating the annual CPI reference month from June to December in order to provide the GHAD Board with more precise budget and assessment figures during the annual budget approval cycle.

There was no public comment on this item.

Board member Roche requested GHAD staff confirm it had notified property owners within The Reserve development of the reinstatement of the levy and Ms. Ralston so confirmed that notice had been mailed. Board member Roche also inquired whether the GHAD would be taking into 2 52449071.2/517102.0001
account the fact that state fire hazard maps have been updated; Ms. Ralston indicated the GHAD is responsible for vegetation management for fire suppression within the open space parcels the GHAD owns and that the GHAD will factor these updates into its future work plans.

Motion by Board member Roche (seconded by Board member Goldstein) to approve Resolution No. 25-01 approving the GHAD Budget for Fiscal Year 2025/2026 and updating the annual CPI reference month to December; the motion carried unanimously (6-0-0), with Zermeño absent.

3. GHAD MANAGER REPORT
The GHAD Manager reported that all the spring vegetation management for fire supression and monitoring has been completed. The GHAD will be repairing a landslide impacting an access road located in one of the GHAD-owned open space parcels in The Reserve development. Staff will be working with the Hayward SoMi development on the transfer process and will also be working on the annexation of the Parcel Group 3 development.

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

4. None.

ADJOURNMENT
GHAD Board Chair Salinas adjourned the meeting at 7:18 pm.

APPROVED:
______________________________
Amara Morrison, Clerk and General Counsel
Hayward Geologic Hazard Abatement District

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-035
DATE: October 28, 2025
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager

SUBJECT
Resolution 25-02 Accepting Petition for Annexation of the Parcel Group 3 Development and Directing a Public Hearing Be Held Regarding the Request for Annexation

RECOMMENDATION

1. ACCEPT the Petition for Annexation (“Petition”) of the Parcel Group 3 development (Parcel Map No. 11247) into the existing Hayward Geologic Hazard Abatement District (“GHAD”) and the Parcel Group 3 development draft Plan of Control dated October 2, 2025, attached to the Petition;

2. ADOPT the attached Resolution No. 25-02 to:
(a) CONDUCT a Public Hearing no less than 20 days after notice is sent to property owners within the territory requesting the annexation to consider the proposed annexation into the Hayward GHAD and the draft Plan of Control, and hear any objections thereto; and (b) DIRECT the Hayward GHAD Manager to mail, by first class mail, a written notice of the hearing to consider the proposed annexation and the draft Plan of Control to each owner of real property within the proposed annexation area as required by GHAD Law.

SUMMARY
In approving the project which is comprised of a multi-family residential building and an educational building, referred to as Parcel Group 3 (Parcel Map No. 11247) (“PG3 Development”), the City’s Infill Checklist Item No. 48 requires the PG3 Development to be annexed into the Hayward GHAD. Consistent with GHAD Law, the owners of the PG3 Development - La Vista Hayward, L.P., and Strategic Growth Partners, Inc.- filed the attached Petition with the GHAD Clerk on September 2, 2025. The GHAD Board is being asked to accept this Petition and set a public hearing to take place no less than 20 days after the hearing notice is sent to the property owners within the PG3 Development area. At this upcoming hearing, the GHAD Board will consider the annexation request, including the draft Plan of Control and hear any objections to the request.

CITY OF HAYWARD Printed on 10/24/2025Page 1 of 2
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File #:LB 25-035

ATTACHMENTS
Attachment I Staff Report
Attachment II GHAD Resolution 25-02
Attachment III Petition for Annexation
CITY OF HAYWARD Printed on 10/24/2025Page 2 of 2
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15577.000.001
October 28, 2025
61107470.1/517102.0005

HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT

TO: Hayward GHAD Board of Directors

FROM: GHAD Manager
GHAD Attorney

BOARD MEETING DATE: October 28, 2025

SUBJECT: Resolution 25-02 Accepting Petition for Annexation of the Parcel Group 3 Development and Directing a Public
Hearing Be Held Regarding the Request for Annexation

RECOMMENDATIONS:

1. ACCEPT the Petition for Annexation (“Petition”) of the Parcel Group 3 development (Parcel Map No. 11247) into the existing Hayward Geologic Hazard Abatement District (“GHAD”) and the Parcel Group 3 development draft Plan of Control dated October 2, 2025, attached to the Petition;

2. ADOPT the attached Resolution No. 25-02 to:

(a) CONDUCT a Public Hearing no less than 20 days after notice is sent to property owners within the territory requesting the annexation to consider the proposed annexation into the Hayward GHAD and the draft Plan of Control, and hear any objections thereto; and

(b) DIRECT the Hayward GHAD Manager to mail, by first class mail, a written notice of the hearing to consider the proposed annexation and the draft Plan of Control to each owner of real property within the proposed annexation area as required by GHAD Law.

SUMMARY:

In approving the project which is comprised of a multi-family residential building and an educational building, referred to as Parcel Group 3 (Parcel Map No. 11247) (“PG3 Development”), the City’s Infill Checklist Item No. 48 requires the PG3 Development to be annexed into the Hayward GHAD. Consistent with GHAD Law, the owners of the PG3 Development - La Vista Hayward, L.P., and Strategic Growth Partners, Inc.- filed the attached Petition with the GHAD Clerk on September 2, 2025. The GHAD Board is being asked to accept this Petition and set a public hearing to take place no less than 20 days after the hearing notice is sent to the property owners within the PG3 Development area. At this upcoming hearing, the GHAD Board will consider the annexation request, including the draft Plan of Control and hear any objections to the request.

15577.000.001
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61107470.1/517102.0005

BACKGROUND AND DISCUSSION:

On March 1, 2016, the Hayward City Council adopted Resolution No. 16-030 approving the formation of the Hayward GHAD and appointed itself to serve as the GHAD Board of Directors.

Currently, the Hayward GHAD includes The Reserve development (Tract 7620) formerly known as the La Vista development, The Hideaway (Tract 8439) formerly known as the Ersted development, and Hayward SoMi development (Tracts 8502 and 8614). As allowed by GHAD Law, La Vista Hayward, L.P., and Strategic Growth Partners, Inc., as the owners of the PG3 Development, submitted the Petition requesting annexation. (attached to Resolution No 25-02).

In approving the PG3 Development, the City’s Infill Checklist Item No. 48 requires the PG3 Development to be annexed into the Hayward GHAD. The territory to be annexed into the GHAD and the boundaries of the PG3 Development are one in the same.

In connection with the proposed annexation, a draft Plan of Control has been prepared. The draft Plan of Control is separate from the La Vista (The Reserve), Ersted (The Hideaway), and Hayward SoMi Plans of Control and describes the work contemplated for the PG3 Development, such as maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm drain improvements and concrete-lined drainage ditches. A final version of the Plan of Control will be presented to the GHAD Board at the hearing on the Petition.

GHAD Law requires that the Petition be placed on the GHAD Board agenda and thereafter, a public hearing be conducted to consider the Petition. Notice of the hearing must be sent to those real property owners within the boundaries of the requested annexation area 20 days before the hearing takes place.

FISCAL IMPACT:

The Petitioner of the Petition is responsible for funding all activities undertaken by the GHAD up and until the GHAD Improvements, as defined in the draft Plan of Control, are accepted by the GHAD. Thereafter, the GHAD is funded 100% through assessments levied on properties within the PG3 Development portion of the GHAD. Therefore, there is no impact on the City’s General Fund.

If annexation is approved, the funding for the GHAD will be collected and used in connection with the PG3 Development Plan of Control. The proposed assessment will be supported by a detailed Engineer’s Report prepared by a registered professional engineer certified by the State of California, and will be considered at a subsequent date in accordance with Proposition 218.

The proposed assessment does not impact or change the existing assessments for The Reserve (La Vista), The Hideaway (Ersted), or The Hayward SoMi landowners in the GHAD.

15577.000.001
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Prepared by: The GHAD Manager Haley Ralston and GHAD Attorney Amara Morrison

Recommended by: GHAD Manager Haley Ralston

ATTACHMENTS:

A. Resolution No. 25-02, attaching Petition for Annexation 15577.000.001
October 28, 2025
61107476.1/517102.0005

THE BOARD OF DIRECTORS OF HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT
RESOLUTION NO. 25-02
ACCEPTING PETITION FOR ANNEXATION OF THE PARCEL GROUP 3

DEVELOPMENT AND DIRECTING A PUBLIC HEARING BE HELD REGARDING

THE REQUEST FOR ANNEXATION
WHEREAS, on March 1, 2016, the Hayward City Council adopted Resolution No. 16- 030 approving the formation of the Hayward Geologic Hazard Abatement District (“GHAD”) and appointed itself to serve as the GHAD Board of Directors.

WHEREAS, the GHAD boundaries currently include The Reserve development (Tract 7620) formerly known as the La Vista development, The Hideaway development (Tract 8439) formerly known as the Ersted development, and Hayward SoMi (Tracts 8502 and 8614).

WHEREAS, as allowed by GHAD Law (Public Resources Code §26568.1), the GHAD Board is now presented with the Petition for Annexation of Territory to the Hayward GHAD (“Petition”), attached hereto as Attachment 1. The territory proposed to be annexed into the GHAD is referred to as the Parcel Group 3 Development (Parcel Map No. 11247) and is described in the legal description and identified in the boundary map attached to the Petition.

WHEREAS, the GHAD Board is presented with the Parcel Group 3 Development draft Plan of Control dated October 2, 2025 (“Plan of Control”), which is attached to the Petition. The draft Plan of Control describes potential geologic hazards within the territory to be annexed and addresses the prevention, mitigation, abatement, and control of such hazards.

The Board of Directors of the GHAD HEREBY RESOLVES THAT:

1. This Resolution No. 25-02 is made pursuant to the provisions of Division 17 of the Public Resources Code with particular references to Chapter 1 (commencing with Section 26500), Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561).

2. The Petition is substantially in the form described in Sections 26552 of the Public Resources Code; and the draft Plan of Control is substantially in the form described in Section 26509 of the Public Resources Code.

3. These proceedings are exempt from the provisions of the California Environmental Quality Act (Pub. Res. Code §§21000 et seq.) in accordance with Public Resources Code Section 21080(b)(4).

4. The GHAD Board has been presented with the Petition and draft Plan of Control.

Attachment II
15577.000.001
October 28, 2025
61107476.1/517102.0005

5. As required by GHAD Law, a public hearing on the Petition and proposed annexation will be held after notice is provided to the landowners within the annexation area no less than 20 days before the public hearing is scheduled.

6. The GHAD Manager shall mail, by first class mail, a written notice of the hearing on the annexation, along with a copy of the GHAD Petition, to all owners of real property within the proposed district pursuant to Public Resources Code Sections 26561, 26562, and 26563 to consider the proposed annexation and the draft Plan of Control.

7. The recitals are incorporated herein by this reference.

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

HAYWARD, CALIFORNIA, October 28, 2025
PASSED BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 1 – Petition for Annexation dated September 2, 2025

PETITION FOR ANNEXATION OF TERRITORY TO THE

HAYWARD GEOLOGIC HAZARD

ABATEMENT DISTRICT PURSUANT TO
DIVISION 17 (commencing with section 26500)

OF THE PUBLIC RESOURCES CODE

OF THE STATE OF CALIFORNIA
To: The Clerk of the Hayward Geologic Hazard Abatement District (“GHAD”) La Vista Hayward, L.P., and Strategic Growth Partners, Inc., the undersigned owners of land within the boundaries of the territory proposed to be annexed to the GHAD, hereby requests that the Board of Directors of the GHAD (“GHAD Board”) initiate proceedings to annex the territory described in Exhibit A (“Legal Description”) and Exhibit B (“Plat to Accompany Legal Description”), attached hereto, to the GHAD pursuant to Article 3 (commencing with Public Resources Code § 26550) and Article 4 (commencing with Public Resources Code § 26561) of Chapter 2 of Division 17 of the Public Resources Code (§ 26500 et seq.). Said owner is the owner of all the territory proposed to be annexed. (a) This petition is made pursuant to Division 17 of the Public Resources Code with particular reference to Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561).
(b) Opposite the signatures of the petitioners is an indication of the lot, tract and map number or other legal description sufficient to identify the signature of the petitioner as that of an owner of land within the territory proposed to be annexed to the GHAD. (c) Opposite the signatures of the petitioners is an indication of the date on which said petitioners’ signature was affixed to this petition. (d) The following documents are attached to this petition and are incorporated herein by this reference as if set forth in full in the petition:

1. A legal description of the boundaries of the territory proposed to be annexed to the GHAD (Exhibit “A”);

2. A plat of the boundaries of the territory proposed to be annexed to the GHAD (Exhibit “B”); and

3. A Plan of Control for the Parcel Group 3 Development prepared by an Engineering Geologist certified pursuant to Section 7822 of the California Business and Professions Code, which describes in detail geologic hazards, their location and the areas affected thereby, and a plan for their prevention, mitigation, abatement, and control thereof (Exhibit C).

Exhibits: A - Legal Description
B – Plat to Accompany Legal Description
C – Plan of Control for the Parcel Group 3 Development
Landowner: La Vista Hayward, L.P. Landowner: Strategic Growth Partners, Inc.

Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

APN(s): 78C-626-19 (Parcel 3) APN(s): 78C-626-18 (Parcel 2) Attachment III
EXHIBITS A and B
Legal Description and Plat to Accompany Legal Description

EXHIBIT A

LEGAL DESCRIPTION

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
PARCEL GROUP 3 – PARCL MAP No. 11247

All that real property, situate in the City of Hayward, County of Alameda, State of California, described as follows:

Parcel 2:

Being a portion of Parcel 2 of “Parcel Map No. 11247”, recorded April 6, 2022, in Book 354 of Parcel Maps, at Page 79, Alameda County Records, further described as follows:

Beginning at the southwest corner of said Parcel 2 (354 PM 79); thence along the westerly boundary line of said Parcel 2 (354 PM 79) North 11°33’57” West, 296.43 feet; thence North 15°11’20 West, 314.38 feet to the beginning of a non-tangent curve, concave to the west and having a radius of 44.00 feet, a radial line to the beginning of said curve bears North 85°42’26” East; thence leaving said westerly boundary line north 4.79 feet along said curve, through a central angle of 6°14’00” to the beginning of a compound curve, concave to the west and having a radius of 350.00 feet; thence 64.05 feet along said curve, through a central angle of 10°29’08” to a point on the westerly boundary line of said Parcel 2 (354 PM 79); thence along said boundary line the following nineteen (19) courses:

1. North 15°11’20” West, 16.66 feet;

2. South 57°24’10” West, 2.10 feet;

3. North 23°39’08” West, 498.22 feet to the beginning of a non-tangent curve, concave to the south and having a radius of 109.74 feet, a radial line to the beginning of said curve bears North 20°17’51” West;

4. East and Southeast 113.69 feet along said curve, through a central angle of 59°21’41” to the beginning of a non-tangent curve, concave to the southwest and having a radius of 1666.21 feet, a radial line to the beginning of said curve bears North 59°24’38” East;

5. Southeast 298.63 feet along said curve, through a central angle of 10°16’08” to the beginning of a reverse curve, concave to the northeast and having a radius of 862.55 feet;

6. Southeast 429.43 feet along said curve, through a central angle of 28°31’31” to the beginning of a reverse curve, concave to the southwest and having a radius of 1063.72 feet;

7. Southeast 178.52 feet along said curve, through a central angle of 9°36’57”;

8. South 52°24’45” West, 100.60 feet;

9. South 37°28’08” East, 1.62 feet;

10. South 52°31’52” West, 31.50 feet;

11. South 37°28’08” East, 115.00 feet;

12. North 52°31’52” East, 18.00 feet;

13. South 37°28’08” East, 57.63 feet to the beginning of a curve, concave to the west and having a radius of 26.00 feet;

14. Southeast and South 30.33 feet along said curve, through a central angle of 66°50’40” to the beginning of a reverse curve, concave to the east and having a radius of 46.00 feet;

15. South 29.16 feet and said curve, through a central angle of 36°19’01” to the beginning of a reverse curve, concave to the west and having a radius of 26.50 feet;

16. South 27.51 feet along said curve, through a central angle of 59°28’21”;

17. South 37°28’08” East, 13.50 feet;

18. South 52°31’52” West, 25.38 feet;

19. South 77°07’18” West, 230.47 feet to the Point of Beginning of this description.

Containing an area of 199,485 square feet (4.58 acres), more or less.

Parcel 3:

Being all of Parcel 3 of “Parcel Map No. 11247”, recorded April 6, 2022, in Book 354 of Parcel Maps, at Page 79, Alameda County Records, further described as follows:

Beginning at the northwest corner of said Parcel 3 (354 PM 79); thence along the boundary line of said Parcel 3 (354 PM 79) the following twenty-three (23) courses:

1. North 77°07’18” East, 230.47 feet;

2. North 52°31’52” East, 25.38 feet;

3. North 37°28’08” West, 13.50 feet to the beginning of a non-tangent curve, concave to the west, having a radius of 26.50 feet, a radial line to the beginning of said curve bears North 37°28’08” West;

4. Northeast and North 27.51 feet along said curve, through a central angle of 59°28’21” to the beginning of a reverse curve, concave to the east, having a radius of 46.00 feet;

5. North and Northeast 29.16 feet along said curve, through a central angle of 36°19’01” to the beginning of a reverse curve, concave to the southwest, having a radius of 26.00 feet;

6. North and Northwest 30.33 feet along said curve, through a central angle of 66°50’40”;

7. North 37°28’08” West, 57.63 feet;

8. South 52°31’52” West, 18.00 feet;

9. North 37°28’08” West, 115.00 feet;

10. North 52°31’52” East, 31.50 feet;

11. North 37°28’08” West, 1.62 feet;

12. North 52°24’45” East, 100.60 feet to the beginning of a non-tangent curve, concave to the southwest, having a radius of 1063.72 feet, a radial line to the beginning of said curve bears North 50°46’11” East;

13. Southeast 297.32 feet along said curve, through a central angle of 10°00’54” to the beginning of a reverse curve, concave to the northeast, having a radius of 214.30 feet;

14. Southeast 37.72 feet along said curve, through a central angle of 10°05’02”;

15. South 01°08’10” West, 172.13 feet;

16. North 89°39’02” East, 348.86 feet to a point on the northerly right-of-way line of Tennyson Road, also being the beginning of a non-tangent curve, concave to the north, having a radius of 720.00 feet, a radial line to the beginning of said curve bears North 25°54’27” West;

17. West 198.93 feet along said curve, through a central angle of 15°49’48”;

18. South 79°55’21” West, 216.36 feet to the beginning of a curve, concave to the north, having a radius of 570.00 feet;

19. West 99.75 feet along said curve, through a central angle of 10°01’36”;

20. North 19°40’27” West, 41.77 feet;

21. North 86°39’15” West; 118.04 feet;

22. South 78°09’10” West, 86.04 feet;

23. Leaving said northerly right-of-way line and continuing along said boundary line of Parcel 3 (354 PM 79) North 11°33’57” West, 173.12 feet to the Point of Beginning of this description.

Containing an area of 140,846 square feet (3.23 acres), more or less.

ΔΔ Δ
ΔΔΔΔ

EXHIBIT C
Plan of Control for the Parcel Group 3 Development

Copyright © 202 5 by ENGEO Incorporated. This document
may not be reproduced in whole or in part by any means
whatsoever, nor may it be quoted or excerpted without the express written consent of ENGEO Incorporated.

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD )

HAYWARD, CALIFORNIA

PLAN OF CONTROL
Parcel Group 3 Development

SUBMITTED TO
La Vista Hayward, L.P.
22645 Grand Street
Hayward, CA 94541

&

Strategic Growth Partners, Inc.
39899 Balentine Drive, Suite 240
Newark, CA 94560

PREPARED BY
ENGEO Incorporated

October 2, 2025

PROJECT NO.
15577.000.001

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TABLE OF CONTENTS

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

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

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

2.1 PARCEL GROUP 3 DEVELOPMENT ................................ ................................ ............. 2

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

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

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

3.1.1 Artificial Fill (Qaf) ................................ ................................ ................................ 3

3.1.2 Colluvium (Qc) ................................ ................................ ................................ ... 3

3.1.3 Landslide Deposits (Qls) ................................ ................................ .................... 3

3.1.4 Sheared Deposits within Western Shear Zone of the Hayward fault (Qfs) ........... 3

3.1.5 Knoxville Formation - Sheared (JKks)................................ ................................ . 3

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

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

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

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

4.2 FAULT RUPTURE ................................ ................................ ................................ .......... 5

4.3 SEISMICALLY INDUCED GROUND SHAKING ................................ .............................. 5

4.4 SOIL EXPANSION POTENTIAL ................................ ................................ ..................... 5

4.5 EXISTING UNDOCUMENTED FILL................................ ................................ ................ 6

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

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

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

5.3 GEOLOGIC HAZARDS RESULTING FROM NEGLIGENCE OF PROPERTY OWNER ................................ ................................ ................................ ......................... 6

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

5.5 GEOLOGIC HAZARD WHICH REQUIRES EXPENDITURE IN AMOUNT

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

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

5.7 NO REIMBURSEMENT OF EXPENSES INCURRED BY PROPERTY OWNERS ........... 7

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

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

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

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

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

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

7.1 GEOTECHNICAL TECHNIQUES FOR MITIGATION OF LANDSLIDE AND EROSION HAZARDS ................................ ................................ ................................ ... 10

8.0 PRIORITY OF GHAD EXPENDITURES ............................................................ 11 Strategic Growth Partners, Inc. Parcel Group 3
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TABLE OF CONTENTS (Continued)

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

10.0 OWNERSHIP AND MANAGEMENT .................................................................. 12

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

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

SELECTED REFERENCES
APPENDIX A: Figure 1 – Long-Term Ownership and Maintenance Figure 2 – As-Built Geologic Map
Figure 3 – As-Built Remedial Grading Plan
APPENDIX B: Exhibit A – Legal Description
Exhibit B – Plat to Accompany Legal Description
APPENDIX C: Declaration of Disclosures, Right of Entry and Restrictive Covenants Regarding Hayward Geologic Hazard Abatement District
APPENDIX D: Sample Transfer Application Form

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1.0 AUTHORITY AND SCOPE

As approved by Hayward City Council Resolution 21-193, Final Conditions of Approval Item No. 56 for the Parcel Group 3 Development, as shown on the GHAD Boundary Plat (Appendix B, Exhibit B), the Applicant agreed to annex into the existing Hayward Geologic Hazard Abatement District ("Hayward GHAD " or "GHAD ") or petition to form a new GHAD . To satisfy this requirement, the current owners of Parcel Group 3 have elected to petition the Hayward GHAD Board of Directors for annexation into the existing Hayward GHAD.

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

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

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

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

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

1.1 PROPERTY IDENTIFICATION

The land proposed for annexation into the Hayward GHAD (“Annexation Area”) is depicted on the GHAD Boundary Plat (Appendix B, Exhibit B).

The site is located east of Mission Boulevard and north of Valle Vista Avenue (a renamed section of Tennyson Road east of Mission Boulevard). It includes Alameda County Assessor’s Parcel Numbers (APNs) 78C-626-18, and 78C-626-19

The legal description of the Annexation Area is included in Appendix B, Exhibit A.

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2.0 BACKGROUND

2.1 PARCEL GROUP 3 DEVELOPMENT

The Annexation Area is part of the La Vista Residential Community and Charter School project located in Hayward, California. The project involves the construction of two 5-story wood-framed over concrete podium structures for the residential portion, which is comprised of 176 units, and a 1- to 2-story structure for the charter school. The project also includes associated improvements such as site retaining walls, underground utilities, roadways, flatwork, bioretention basins, and landscaping.

As described in this Plan of Control, the Hayward GHAD will have responsibilities throughout the entire Annexation Area.

2.2 SUMMARY OF PROPOSED GHAD RESPONSIBILITIES WITHIN ANNEXATION AREA

The GHAD is expected to assume maintenance responsibilities for all properties within the Annexation Area as discussed in Section 7.0 and Table 10.0.

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

The drainage facilities include ditches and storm drain improvements.

The GHAD will mitigate or abate landslide or erosion hazards that could directly affect improved, developed, and accepted properties (as defined in Section 6 .0) within the Annexation Area in accordance with Section 5 .0. The GHAD will also perform maintenance of water control and conveyance facilities and assume other peripherally related responsibilities.

3.0 SITE GEOLOGY

3.1 GEOLOGIC SETTING

As described in the Geotechnical Exploration Report for Parcel Group 3 ( Reference 4) , the Annexation Area is located in the Coast Ranges geomorphic province of California. The Coast Ranges are characterized by a series of northwest -trending valleys and mountain ranges. The bedrock in this region has been folded and faulted in a tectonic setting that is experiencing translational and compressional deformations of the earth’s crust . The Annexation Area is predominantly underlain by the Cretaceous to late Jurassic Knoxville formation of the Great Valley Sequence.

The geologic unit descriptions below are based on information in the 2021 Geotechnical Exploration Report prepared for Parcel Group 3 (Reference 4).

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3.1.1 Artificial Fill (Qaf)

Artificial fill was encountered within the upper 3½ feet of several test pits and borings. The fill material consisted of on -site derived lean and fat clay, as well as clayey sand. The mapped artificial fill area is likely up to 5 to 10 feet thick and anticipated to consist of on -site derived materials.

3.1.2 Colluvium (Qc)

Colluvial deposits were mapped in low -lying drainages and are anticipated to consist of transported surficial soil derived from the site bedrock. Colluvial deposits were encountered to depths of 16 feet.

3.1.3 Landslide Deposits (Qls)

Landslide deposits were identified based on findings from the 2016 and 2020 explorations. These deposits were encountered in several test pits and are estimated to be 20 to 40 feet thick, showing features indicative of relatively recent movement, including well-developed striated shearing and distortion.

3.1.4 Sheared Deposits within Western Shear Zone of the Hayward fault (Qfs)

Sheared deposits consists of faulted slivers of alluvium, colluvium, Knoxville shale and sandstone, landslide debris, and serpentinitic gouge.

3.1.5 Knoxville Formation - Sheared (JKks)

The Knoxville formation observed on the site consists mostly of yellowish-brown silt and clay shale with sandstone interbeds. The bedrock underlying the development site includes interbedded sandstone, shale, and conglomerate, which are generally weaker and more sheared from tectonic activity.

3.2 GROUNDWATER

Groundwater was encountered in previous explorations at depths ranging from 33 to 36 feet below the surface (Reference 4) . Localized seeps were also observed, particularly in the northern portion of the site. The depth to historical high groundwater in the vicinity is approximately 20 feet.

It should be noted that fluctuations in groundwater levels occur seasonally and over a period of years because of variations in precipitation, temperature, irrigation, and other factors.

3.3 SEISMIC SOURCES

An earthquake of moderate to high magnitude generated within the San Francisco Bay Region, similar to those that have occurred in the past, could cause considerable ground shaking at the Annexation Area. The Hayward Fault (approximately 0.2 mile to the east) is considered capable of generating an earthquake with a maximum moment magnitude of 7.07. Another seismic source near the Annexation Area is the Calaveras Fault (approximately 7 .9 miles to the east) and is considered capable of generating an earthquake with a maximum moment magnitude of 7.28 (Reference 4) . The Uniform California Earthquake Rupture Forecast (UCERF 3) (Field et al., 2015) estimates the 30-year probability (as of 2014) for a magnitude 6.7 or greater earthquake in Strategic Growth Partners, Inc. Parcel Group 3
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the San Francisco region at approximately 72 percent, considering the known active seismic sources in
the region.

4.0 GEOLOGIC HAZARDS

The following geologic hazards were identified for the Annexation Area in the referenced Geotechnical Report (Reference 4) and are expected to remain to some extent after site grading has been completed.

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

4.1 SLOPE INSTABILITY

Earth stability is the GHAD’s primary geotechnical concern within the Annexation Area. This is not unique to this Annexation Area but is of importance for hillside projects in the San Francisco Bay Area. This section describes several types of slope instability that are within the GHAD’s responsibility, subject to the provisions of Sections 6.0 and 7.0.

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

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

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

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

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Landslides located within more remote areas are natural landforms that do not require mitigation except where they affect manmade improvements. Debris catchment areas are the principal mitigation method used within the GHAD for areas between potentially unstable slopes and improvements. The debris catchment structures include debris benches, debris berms, and runout areas. GHAD maintenance of the areas will be critical to maintain adequate protection for the Site Improvements (as defined in Section 11.0). M aintenance and monitoring of these areas is described in Section 9.0. Potential mitigation and repair measures for areas within the GHAD near development are discussed in Section 7.0.

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

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

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

4.2 FAULT RUPTURE

Active fault traces have been identified crossing the property, and the site is located within an Earthquake Fault Special Study Zone. Ground rupture is possible within the mapped active fault zone, although the active fault traces encountered at the site are generally considered secondary traves branching from the main trace of the Hayward fault and extend through a wide shear zone.

Structures within the development are a minimum of 50 feet from any active fault trace identified at the site.

4.3 SEISMICALLY INDUCED GROUND SHAKING

As identified in the geotechnical exploration reports, an earthquake of moderate to high magnitude generated within the San Francisco Bay Region could cause considerable ground shaking at the Parcel Group 3 Development, similar to that which has occurred in the past. To mitigate the shaking effects, all structures should be designed using sound engineering judgment and the latest building code requirements, as a minimum.

4.4 SOIL EXPANSION POTENTIAL

Potentially expansive clay and sandy clay were observed near the surface within the Annexation Area. Laboratory testing indicates high shrink/swell potential with variations in moisture content.

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and swell s as a result of moisture changes. This can caus e heaving and cracking of slabs-on-grade, pavements, and structures founded on shallow foundations. The potential for expansive soil has been identified in the geotechnical report s for the Annexation Area .

Recommended mitigation may include one or the following methods.

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

4.5 EXISTING UNDOCUMENTED FILL

As identified in the referenced geotechnical investigation reports, portions of the site are underlain by non-engineered fill. This can cause excessive settlement under new fill or buildings loads. As recommended, undocumented fill materials in the northern portion of the site and within the development area are proposed to be removed during corrective grading (Reference 4).

5.0 CRITERIA FOR GHAD RESPONSIBILITY

In establishing the assessment levels and budgets for the Annexation Area, it is important to clearly define the limits of the GHAD’s responsibilities. The GHAD is expected to accept responsibility for property as described in Section 6.0 of this Plan of Control; however, the intent of this Plan of Control is not to extend the GHAD’s responsibilities to every potential situation of instability; rather, the following are exclusions from GHAD responsibility.

5.1 ISOLATED OR REMOTE FEATURE REQUIRING MITIGATION

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

5.2 SINGLE PROPERTY

The GHAD will not prevent, mitigate, abate, or control geologic hazards which are limited in area to a single parcel of property unless the geologic hazard has damaged, or poses a significant threat of damage to Site Improvements located on other property within the GHAD Annexation Area.

5.3 GEOLOGIC HAZARDS RESULTING FROM NEGLIGENCE OF PROPERTY OWNER

The GHAD may, in the GHAD Manager’s sole discretion, decline to prevent, mitigate, abate or control geologic hazards which occurred or resulted from any negligence of the homeowner and/or the homeowner’s contractors, agents or employees in developing, inve stigating, grading, constructing, maintaining or performing or not performing any post -development work on the subject property as long as the geologic hazard is limited to a single lot, pursuant to the Strategic Growth Partners, Inc. Parcel Group 3
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single-property exclusion noted above. If the GHAD bears expense as the result of negligence described in this section, the GHAD may pursue reimbursement from the negligent parties.

5.4 PROPERTY NOT ACCEPTED

The GHAD shall not have responsibility to repair damage, which is situated on a parcel of real property, which the GHAD has not accepted in accordance with Section 6 .0 below. The GHAD, however, may monitor, abate, mitigate or control geologic or hydrogeologic hazards on a parcel of real property which the GHAD has not accepted in accordance with Section 6 .0 and is not excluded from GHAD responsibility by Sections 5.1, 5.2, and 5.3, provided; however, that GHAD responsibility on such parcel shall be limited to the extent necessary to address damage to, or a significant threat of damage to Site Improvements which are within a parcel of real property which the GHAD has accepted in accordance with Section 6.0. Should the GHAD be required to respond to a geologic hazard outside the Annexation Area, the GHAD may take such actions as may be appropriate to recover costs incurred as a result of preventing, mitigating, abating , or controlling such geologic hazard from the responsible party, if any.

5.5 GEOLOGIC HAZARD WHICH REQUIRES EXPENDITURE IN AMOUNT

EXCEEDING THE VALUE OF THE THREATENED OR DAMAGED

IMPROVEMENT

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

5.6 GHAD FUNDING OR REIMBURSEMENT FOR DAMAGED OR DESTROYED

STRUCTURES OR SITE IMPROVEMENTS

In the event a residence or any other structure, Site Improvement, or landscaping is damaged or destroyed due to, or as a result of, a geologic hazard, the GHAD may fund or reimburse the property owner for the expenses necessary to repair or replace the damaged or destroyed structure, Site Improvement, or landscaping. Unless authorized by the Board of Directors, the dollar amount of the GHAD funding or reimbursement may not exceed ten percent (10%) of the costs incurred by the GHAD in preventing, mitigating, abating, or controlling the geologic hazard responsible for the damage1. In the event the geologic hazard damaged or destroyed a structure, site i mprovement, or landscaping which violated any provisions of the City Building Code or City Ordinance Code at the time of its installation or improvement, the GHAD may decline to provide any funding, or reimbursement to the property owner, for repair or replacement of the damaged structure, Site Improvement, or landscaping.

5.7 NO REIMBURSEMENT OF EXPENSES INCURRED BY PROPERTY OWNERS

The GHAD will not be obligated to reimburse a property owner for expenses incurred for the prevention, mitigation, abatement, or control of a geologic hazard absent a written agreement between the property owner and the GHAD to that effect, which agreement has been executed

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

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prior to the property owner incurring said expenses, and following an investigation conducted by the GHAD.

5.8 RECONSIDERATION AND APPEAL POLICY

If a property owner disagrees with the decision of the G HAD Manager ("GHAD Manager Decision") regarding a request for funding or reimbursement as authorized in Section s 5.6 and

5.7, the property owner may request the GHAD Manager reconsider the decision. The property owner shall, within fifteen (15) days from the date of a written GHAD Manager Decision, file with the G HAD Manager the grounds for reconsideration, and the requested relief, including the property owner’s special interest and injury. Within fifteen (15) days of receipt of the property owner’s written request for reconsideration, the GHAD Manager shall issue a written decision on the request based on the evidence presented ("GHAD Manager Reconsideration Decision"). The property owner may appeal the GHAD Manager Reconsideration Decision to the GHAD Board of Directors. This appeal must be filed with the GHAD Manager within fifteen (15) days from the date of the GHAD Manager Reconsideration Decision and must include the payment of an appeal fee as noted on the Appeal Form . The appeal must include the reasons for the appeal and the property owner’s requested relief. The GHAD Board will make the final decision on the appeal.

The GHAD Manager will proceed based on the decision of the GHAD Board of Directors and is considered the final decision of the GHAD.

All other determinations of the GHAD Manager not related to Sections 5.6 and 5.7 , (i.e. a determination that the soil movement alleged to cause damage is not covered by the POC, requiring access agreements, or requiring other agreements or documents from the property owner to perform GHAD duties) are final and not subject to appeal to the GHAD Board of Directors unless the GHAD Manager, in his or her sole discretion, determines that a final decision should be made by the Board of Directors due to the complexity or nature of the subject of the determination. In this event, the GHAD Mana ger shall, as soon as feasible, inform the property owner of the opportunity to appeal the determination to the Board of Directors. This appeal must be filed by the property owner in accordance with the provisions for filing an appeal as explained above.

6.0 ACCEPTANCE

6.1 ACTIVATION OF ASSESSMENT

If approved, a n annual assessment will be levied on all residential parcels and habitable non-residential space within the Annexation Area as shown in Appendix B, Exhibit B, which will generate funding for the GHAD Activities. The assessment shall be levied by the GHAD on each individual parcel beginning the first fiscal year following issuance of a certificate of occupancy for units within the Annexation Area.

6.2 RESPONSIBILITY FOR GHAD ACTIVITIES

La Vista Hayward, L.P. and Strategic Growth Partners, Inc. (“Developer”) currently owns all the parcels shown on the Vesting Tentative Subdivision Map and shall have the responsibility to perform all the activities of the GHAD on the property within Annexation Area. Such responsibility shall be eligible for transfer to the GHAD at 9:00 a.m. on the day exactly 3 years after the first certificate of occupancy is issued by the City of Hayward (“Transfer Eligibility Date”). The period between the levying of the GHAD assessment and Transfer Eligibility Date will allow the GHAD to accumulate reserve funds without incurring significant expenses.

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6.3 PROCESS FOR TRANSFERRING RESPONSIBILITY FOR GHAD ACTIVITIES

After the Transfer Eligibility Date for the Annexation Area , the process for transferring responsibility for performing GHAD Activities (defined in Section 7.0 below) shall be as follows.

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

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

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

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

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

6. Prior to the GHAD accepting any responsibility for GHAD Activities, the Developer shall record a Declaration of Restrictive Covenants, Right of Entry and Disclosures Regarding Geologic Hazard Abatement District (“Declaration”) as approved by the GHAD Manager and GHAD Attorney and as discussed in Section 12.0.

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

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

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

The Developer will remain responsible for all GHAD activities until the GHAD accepts responsibility pursuant to this section.

Strategic Growth Partners, Inc. Parcel Group 3
15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

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7.0 HAYWARD GHAD MONITORING, MAINTENANCE, AND

REPAIR RESPONSIBILITIES

Several entities will have ownership and maintenance duties of common space within the Annexation Area. The GHAD will assume monitoring and maintenance responsibilities for the site facilities and activities (“GHAD Activities”) noted below and as described in Table 10.0-1.

• Surface Drainage Improvements: The GHAD will maintain surface drainage improvements, including drainage ditches, to manage stormwater runoff and prevent flooding or erosion. • Functional Aspects of Water Quality Flow Control Basins and Stormwater Facilities :

The GHAD will handle functional maintenance, repair, and replacement of water quality flow control basins and stormwater facilities, including retention detention ponds, to manage runoff and minimize flood risks.
• Storm Drainage System: The GHAD will maintain the storm drainage system to support proper function and reduce geologic hazard risks.
• Retaining Walls: The GHAD will maintain retaining walls and drain outlets to preserve structural integrity.
• Geotechnical Monitoring Instruments (if any): The GHAD will monitor and maintain geotechnical instruments used to track soil movement and other geotechnical factors. • Keyway Subdrains and Outlets: The GHAD will maintain keyway subdrains and outlets to prevent blockages and sustain proper slope drainage.
• Geologic Hazard Abatement: The GHAD will monitor and mitigate geologic hazards, including slope stability and erosion control.

7.1 GEOTECHNICAL TECHNIQUES FOR MITIGATION OF LANDSLIDE AND

EROSION HAZARDS

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

• Removal of the unstable earth mass.
• Stabilization (either partial or total) of the landslide by removal and replacement with compacted, drained fill.
• Construction of structures to retain or divert landslide material or sediment. • Construction of erosion control devices such as gabions, riprap, geotextiles, or lined ditches. • Placement of drained engineered buttress fill.
• Placement of subsurface drainage devices (e.g., underdrains or horizontal drilled drains). • Slope correction ( e.g., gradient change, biotechnical stabilization, slope trimming , or contouring).
• Construction of additional surface ditches and/or detention basins, silt fences, sediment traps, or backfill or erosion channels.

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15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

Page | 11 October 2, 2025

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

8.0 PRIORITY OF GHAD EXPENDITURES

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

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

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

9.0 MAINTENANCE AND MONITORING SCHEDULE

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

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

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

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15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

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

• A State -licensed Professional Engineer and/or Professional Geologist should carry out a geologic reconnaissance of the slopes for indications of erosion or slope failures. • A State -licensed Professional Engineer and/or Professional Geologist should carry out an inspection of surface ditches. Repairs and maintenance, as needed, should be undertaken including removal of excess silt or sediment in ditches and patching or replacement of cracked or broken ditches, prior to the beginning of the next rainy season. • Subsurface drain outlets and horizontal drilled drain outlets, if any, should be checked. Water flowing from these outlets should be measured and recorded during each inspection. • Piezometers to measure groundwater levels, or instruments such as inclinometers or tiltmeters measuring potential slope instability should be monitored as recommended, if installed.
• Settlement monitoring devices, if any, should be measured periodically and tracked. In the event of anomalous readings or excessive settlement, the monitoring frequency should be increased.
• Water quality facilities shall be monitored and well maintained. The GHAD will maintain the bioretention basins in accordance with an approved Operation and Maintenance Plan if developed.
• Storm drain inlets, outfalls, or trash racks, if used, must be kept free of debris and spillways maintained. Additionally, water detention facilities and water quality facilities should be inspected and maintained. It is anticipated that initially, at least once every 2 years, cleanup of vegetation and removal of silt would be in order.
• Developer-constructed retaining walls identified on Figure 1 should be inspected for evidence of distress, such as tilting and/or structural failure. Repairs and maintenance would be undertaken only in the event that the structural integrity of the wall has been compromised or if the wall distress poses a threat to the integrity of adjacent structures. • An annual inspection shall be made by a State -licensed Professional Engineer and/or Certified Engineering Geologist to assess the effectiveness of the preventive maintenance program and to make recommendations as to which landslide or erosion measures should be undertaken in the next fiscal year. Any appropriate site -specific study of landslide or erosion conditions shall be determined at that time. Consultants, if necessary, will be retained to undertake the needed studies. An annual inspection report to the GHAD shall be prepared by the Professional Engineer and/or Certified Engineering Geologist.

10.0 OWNERSHIP AND MANAGEMENT

Ownership, funding sources and maintenance responsibilities shall be as shown on the following table. Parcel designations are derived from the GHAD Boundary Plat in Appendix B, Exhibit B.

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TABLE 10.0: PARCEL GROUP 3 DEVELOPMENT
Long-Term Ownership and Maintenance Matrix

FACILITY/FUNCTION MAINTENANCE
ENTITY

MAINTENANCE

FUNDING

MINIMUM

TIMEFRAME FOR

TRANSFERRING

PLAN OF

CONTROL

RESPONSIBILITIE
S FROM

DEVELOPER TO

THE GHAD

OWNERSHIP

1. Pre-Transfer Period
a. Multi-Family Residential
Buildings A and B (176 Units,
168,289 sf total)
Privately Owned and Maintained
b. Elementary School (35,460 sf) Privately Owned and Maintained c. Childcare Center (10,944 sf) Privately Owned and Maintained d. Surface Drainage
Improvements Developer Private 3 Years Developer
e. Water Quality/Flow Control
Basins 1-5 (8,286 sf)
i. Ornamental Landscape
Maintenance and
Replacement
Others Private N/A Private
ii. Functional Maintenance,
Repair, and Replacement Developer Developer 3 Years Private f. Storm Water Facilities
i. Ornamental Landscape
Maintenance and
Replacement
Others Private N/A Private
ii. Functional Maintenance,
Repair, and Replacement
Geologic
Hazard
Abatement
District
(GHAD)
Developer 3 Years Private
g. Storm Drain System Developer Developer 3 Years Developer h. Retaining Walls Developer Developer 3 Years Developer i. Geotechnical Monitoring
Instruments Developer Developer 3 Years Developer
j. Keyway Subdrains and Outlets Developer Developer 3 Years Developer k. Geologic Hazard Abatement
(slope stability, erosion, etc.) Developer Developer 3 Years Developer

2. Post-Transfer Period
a. Multi-Family Residential
Buildings A and B (176 Units,
168,289 sf total)
Privately Owned and Maintained
b. Elementary School (17,728 sf) Privately Owned and Maintained c. Childcare Center (10,944 sf) Privately Owned and Maintained d. Surface Drainage
Improvements
Geologic
Hazard
Abatement
District
(GHAD)
GHAD
Assessment Perpetual Private
e. Water Quality/Flow Control
Basins 1-5 (8,286 sf)
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15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

Page | 14 October 2, 2025

FACILITY/FUNCTION MAINTENANCE
ENTITY

MAINTENANCE

FUNDING

MINIMUM

TIMEFRAME FOR

TRANSFERRING

PLAN OF

CONTROL

RESPONSIBILITIE
S FROM

DEVELOPER TO

THE GHAD

OWNERSHIP
i. Ornamental Landscape
Maintenance and
Replacement
Others Private N/A Private
ii. Functional Maintenance,
Repair, and Replacement GHAD GHAD
Assessment Perpetual Private
f. Storm Water Facilities
i. Ornamental Landscape
Maintenance and
Replacement
Others Private N/A Private
ii. Functional Maintenance,
Repair, and Replacement GHAD GHAD
Assessment Perpetual Private
g. Storm Drainage System GHAD GHAD
Assessment Perpetual Private
h. Retaining Walls (Identified on
Figure 1) GHAD GHAD
Assessment Perpetual Private
i. Geotechnical Monitoring
Instruments GHAD GHAD
Assessment Perpetual Private
j. Keyway Subdrains and Outlets GHAD GHAD
Assessment Perpetual Private
k. Geologic Hazard Abatement
(slope stability, erosion, etc.) GHAD GHAD
Assessment Perpetual Private

11.0 RIGHT-OF-ACCESS

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

Such GHAD Activities include, but are not limited to the inspection, maintenance and monitoring of those improvements listed in Section 7.0. Should the GHAD need to access private residential lots to fulfill its duties under the P lan of Control, the GHAD shall provide the affected landowner and/or resident with 72 hours advanced notice unless, in the reasonable judgment of the GHAD, an emergency situation exists which makes immediate access necessary to protect the public health and safety, in which case no advanced notice is required, but the GHAD shall inform the landowner and/or resident as soon as reasonably possible.

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

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12.0 GLOSSARY

Accepted Parcel – An assessor’s parcel within the Annexation Area that has been accepted for the transfer of GHAD responsibilities as provided in Section 6.3 of this Plan of Control.

Annexation Area – The land to be annexed into the Hayward GHAD as shown in the GHAD Boundary Plat (Appendix B, Exhibit B) in this Plan of Control.

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

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

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

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

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

GHAD Law – Public Resources Code § 26500 through 26654.

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

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

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

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

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

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

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

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

Transfer Eligibility Date – The earliest date a parcel within the Annexation Area is eligible for the transfer of Plan of Control responsibilities to the GHAD. For parcels with the Annexation Area, this period starts at 9:00 a.m. on the day exactly 3 years after the first residential building permit is issued by the City of Hayward.

Strategic Growth Partners, Inc. Parcel Group 3
15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control

October 2, 2025

SELECTED REFERENCES

1. Bellecci & Associates. 2023. Improvement Plans, La Vista Residential, Hayward, California.

October 13, 2023. Job No. 18133.

2. Bellecci & Associates. 2023. Grading Plans, La Vista Residential, Hayward, California.

October 13, 2023. Job No. 18133.

3. ENGEO. 2021. Corrective Grading Plan, Parcel Group 3, Hayward, California.

September 17, 2021. Project No. 15577.000.001.

4. ENGEO. 2021. Geotechnical Exploration, Parcel Group 3, La Vista, Hayward, California.

June 1, 2021. Project No. 15577.000.001.

5. ENGEO. 2023. Updated Corrective Grading Plan, Parcel Group 3, Hayward, California, June 23, 2023. Project No. 15577.000.001.

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

APPENDIX A

FIGURE 1: Long-Term Ownership and Maintenance Exhibit
FIGURE 2: As-Built Geologic Map
FIGURE 3: As-Built Remedial Grading Plan

Below Pad: 120.25Top of 12" Pad: 121.25FF: 122.50
Below Pad: 125.00Top of Pad: 125.00FF: 126.00 Below Pad: 123.25Top of 12" Pad: 124.25FF: 125.50 Below Pad: 120.583Top of 5" Pad: 121.00FF: 121.00
#
APN78C-626-19
APN78C-626-18
Expect Excellence LONG-TERM OWNERSHIP AND MAINTENANCEPARCEL GROUP 3HAYWARD, CALIFORNIA15577.000.001AS SHOWN1 NN0FEET80
EXPLANATIONSubdrain OutletsOnto SlopeOutlet for Offsite SubdrainConnected to Catch Basin Subdrain Tied IntoSD Manhole

ANNEXATION AREA BOUNDARYPARCEL BOUNDARIESPRIVATELY OWNED AND MAINTAINED PARCELSURFACE DRAINAGE DITCHESGHAD MAINTAINED RETAINING WALLSSUBDRAIN WITH ELEVATION IN FEET (SURVEYED BYDESILVA GATES CONSTRUCTION)SOLID SUBDRAIN LINE CONSTRUCTED TO CONVEYWATER UNDER IMPROVEMENTS (EXTENSION OF OFFSITESUBDRAIN SYSTEM ENCOUNTERED DURING GRADING)

TENNYSON ROAD
EAST 16TH STREET
Subdrain OutletsInto SD EncounteredDuring Grading
STORAGE VAULT #4
BIORETENTION BASIN #1
BIORETENTION BASIN #5BIORETENTION BASIN #2
BIORETENTION BASIN #3

NOTE: No GradingInformation In Plans
NOTE: No GradingInformation In Plans
NOTE: No GradingInformation In Plans
Below Pad: 120.25Top of 12" Pad: 121.25FF: 122.50
Below Pad: 125.00Top of Pad: 125.00FF: 126.00 Below Pad: 123.25Top of 12" Pad: 124.25FF: 125.50 Below Pad: 120.583Top of 5" Pad: 121.00FF: 121.00
#
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355064
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APN78C-626-19
APN78C-626-18
Expect Excellence AS-BUILT GEOLOGIC MAPPARCEL GROUP 3HAYWARD, CALIFORNIA15577.000.001AS SHOWN2 NN0FEET80
EXPLANATIONFAULT MAPPED DURING GRADING AND PREVIOUSLYCOMPILED BY ENGEO, 2016 (QUERY WHERE UNKNOWN)GEOLOGIC CONTACTANNEXATION AREA BOUNDARYPARCEL BOUNDARIESPREVIOUSLY PLACED HISTORIC ARTIFICIAL FILL, NOTPART OF CURRENT GRADINGCOLLUVIUMLANDSLIDE DEPOSITENGINEERED FILL UNDERLAIN BY LANDSLIDE DEPOSITS QafQcQlsJsvJKkJKksQfs
Qef/ QcQef/ QfsQef/ JKks
ENGINEERED FILL UNDERLAIN BY OLD COLLUVIAL DEPOSITS. COMPRESSIBLESURFICIAL DEPOSITS REMOVED DURING GRADINGENGINEERED FILL UNDERLAIN BY SHEAR ZONE DEPOSITS. COMPRESSIBLESURFICIAL DEPOSITS REMOVED DURING GRADINGENGINEERED FILL UNDERLAIN BY SHEARED KNOXVILLE FORMATION.COMPRESSIBLE SURFICIAL DEPOSITS REMOVED DURING GRADINGKERATOPHYREKNOXVILLE FORMATION BEDROCKSHEARED KNOXVILLE FORMATION SHALE AND CONGLOMERATESHEARED DEPOSITS WITHIN WESTERN SHEAR ZONE OF HAYWARD FAULT,KNOXVILLE SHALE AND SANDSTONE, FAULTED SLIVERS OF ALLUVIUM,COLLUVIUM AND LANDSLIDE DEBRIS

TENNYSON ROAD
EAST 16TH STREET
Qef/ Qls
K-4
K-5
K-8

SLOPE REBUILD FOR KEYWAY
K-3
K-1
K-6K-7
K-2
R-1

KEYWAY BACKCUT
APN78C-626-19
APN78C-626-18
Expect Excellence
NN0FEET80

EXPLANATION
R-1

ANNEXATION AREA BOUNDARYPARCEL BOUNDARIESLOCATION OF KEYWAY (SURVEYED BY DESILVA GATESCONSTRUCTION)LOCATION OF REMOVAL AREALOCATION OF DIFFERENTIAL FILL LOT TREATMENT K-8
Top of Backcut(Surveyed byDeSilva GatesConstruction)

TENNYSON ROAD
EAST 16TH STREET
Subdrain OutletsInto SD EncounteredDuring Grading
AS-BUILT REMEDIAL GRADING PLANPARCEL GROUP 3HAYWARD, CALIFORNIA15577.000.001AS SHOWN3 Subdrain OutletsOnto SlopeOutlet for Offsite SubdrainConnected to Catch Basin Subdrain OutletsInto SD EncounteredDuring Grading

SUBDRAIN WITH ELEVATION IN FEET(SURVEYED BY DESILVA GATESCONSTRUCTION)SOLID SUBDRAIN LINECONSTRUCTED TO CONVEY WATERUNDER IMPROVEMENTS (EXTENSIONOF OFFSITE SUBDRAIN SYSTEMENCOUNTERED DURING GRADING)

APPENDIX B

EXHIBIT A: Legal Description
EXHIBIT B: Plat to Accompany Legal Description

EXHIBIT A

LEGAL DESCRIPTION

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
PARCEL GROUP 3 – PARCL MAP No. 11247

All that real property, situate in the City of Hayward, County of Alameda, State of California, described as follows:

Parcel 2:

Being a portion of Parcel 2 of “Parcel Map No. 11247”, recorded April 6, 2022, in Book 354 of Parcel Maps, at Page 79, Alameda County Records, further described as follows:

Beginning at the southwest corner of said Parcel 2 (354 PM 79); thence along the westerly boundary line of said Parcel 2 (354 PM 79) North 11°33’57” West, 296.43 feet; thence North 15°11’20 West, 314.38 feet to the beginning of a non-tangent curve, concave to the west and having a radius of 44.00 feet, a radial line to the beginning of said curve bears North 85°42’26” East; thence leaving said westerly boundary line north 4.79 feet along said curve, through a central angle of 6°14’00” to the beginning of a compound curve, concave to the west and having a radius of 350.00 feet; thence 64.05 feet along said curve, through a central angle of 10°29’08” to a point on the westerly boundary line of said Parcel 2 (354 PM 79); thence along said boundary line the following nineteen (19) courses:

1. North 15°11’20” West, 16.66 feet;

2. South 57°24’10” West, 2.10 feet;

3. North 23°39’08” West, 498.22 feet to the beginning of a non-tangent curve, concave to the south and having a radius of 109.74 feet, a radial line to the beginning of said curve bears North 20°17’51” West;

4. East and Southeast 113.69 feet along said curve, through a central angle of 59°21’41” to the beginning of a non-tangent curve, concave to the southwest and having a radius of 1666.21 feet, a radial line to the beginning of said curve bears North 59°24’38” East;

5. Southeast 298.63 feet along said curve, through a central angle of 10°16’08” to the beginning of a reverse curve, concave to the northeast and having a radius of 862.55 feet;

6. Southeast 429.43 feet along said curve, through a central angle of 28°31’31” to the beginning of a reverse curve, concave to the southwest and having a radius of 1063.72 feet;

7. Southeast 178.52 feet along said curve, through a central angle of 9°36’57”;

8. South 52°24’45” West, 100.60 feet;

9. South 37°28’08” East, 1.62 feet;

10. South 52°31’52” West, 31.50 feet;

11. South 37°28’08” East, 115.00 feet;

12. North 52°31’52” East, 18.00 feet;

13. South 37°28’08” East, 57.63 feet to the beginning of a curve, concave to the west and having a radius of 26.00 feet;

14. Southeast and South 30.33 feet along said curve, through a central angle of 66°50’40” to the beginning of a reverse curve, concave to the east and having a radius of 46.00 feet;

15. South 29.16 feet and said curve, through a central angle of 36°19’01” to the beginning of a reverse curve, concave to the west and having a radius of 26.50 feet;

16. South 27.51 feet along said curve, through a central angle of 59°28’21”;

17. South 37°28’08” East, 13.50 feet;

18. South 52°31’52” West, 25.38 feet;

19. South 77°07’18” West, 230.47 feet to the Point of Beginning of this description.

Containing an area of 199,485 square feet (4.58 acres), more or less.

Parcel 3:

Being all of Parcel 3 of “Parcel Map No. 11247”, recorded April 6, 2022, in Book 354 of Parcel Maps, at Page 79, Alameda County Records, further described as follows:

Beginning at the northwest corner of said Parcel 3 (354 PM 79); thence along the boundary line of said Parcel 3 (354 PM 79) the following twenty-three (23) courses:

1. North 77°07’18” East, 230.47 feet;

2. North 52°31’52” East, 25.38 feet;

3. North 37°28’08” West, 13.50 feet to the beginning of a non-tangent curve, concave to the west, having a radius of 26.50 feet, a radial line to the beginning of said curve bears North 37°28’08” West;

4. Northeast and North 27.51 feet along said curve, through a central angle of 59°28’21” to the beginning of a reverse curve, concave to the east, having a radius of 46.00 feet;

5. North and Northeast 29.16 feet along said curve, through a central angle of 36°19’01” to the beginning of a reverse curve, concave to the southwest, having a radius of 26.00 feet;

6. North and Northwest 30.33 feet along said curve, through a central angle of 66°50’40”;

7. North 37°28’08” West, 57.63 feet;

8. South 52°31’52” West, 18.00 feet;

9. North 37°28’08” West, 115.00 feet;

10. North 52°31’52” East, 31.50 feet;

11. North 37°28’08” West, 1.62 feet;

12. North 52°24’45” East, 100.60 feet to the beginning of a non-tangent curve, concave to the southwest, having a radius of 1063.72 feet, a radial line to the beginning of said curve bears North 50°46’11” East;

13. Southeast 297.32 feet along said curve, through a central angle of 10°00’54” to the beginning of a reverse curve, concave to the northeast, having a radius of 214.30 feet;

14. Southeast 37.72 feet along said curve, through a central angle of 10°05’02”;

15. South 01°08’10” West, 172.13 feet;

16. North 89°39’02” East, 348.86 feet to a point on the northerly right-of-way line of Tennyson Road, also being the beginning of a non-tangent curve, concave to the north, having a radius of 720.00 feet, a radial line to the beginning of said curve bears North 25°54’27” West;

17. West 198.93 feet along said curve, through a central angle of 15°49’48”;

18. South 79°55’21” West, 216.36 feet to the beginning of a curve, concave to the north, having a radius of 570.00 feet;

19. West 99.75 feet along said curve, through a central angle of 10°01’36”;

20. North 19°40’27” West, 41.77 feet;

21. North 86°39’15” West; 118.04 feet;

22. South 78°09’10” West, 86.04 feet;

23. Leaving said northerly right-of-way line and continuing along said boundary line of Parcel 3 (354 PM 79) North 11°33’57” West, 173.12 feet to the Point of Beginning of this description.

Containing an area of 140,846 square feet (3.23 acres), more or less.

ΔΔ Δ
ΔΔΔΔ

APPENDIX C

DECLARATION OF DISCLOSURES, RIGHT OF ENTRY

AND RESTRICTIVE COVENANTS REGARDING

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Hayward Geologic Hazard Abatement District
2633 Camino Ramon, Suite 250
San Ramon, CA 94583
Attn: Haley Ralston

DECLARATION OF DISCLOSURES, RIGHT OF ENTRY AND RESTRICTIVE COVENANTS

REGARDING HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT

This Declaration of Disclosures, Right of Entry and Restrictive Covenants Regarding Hayward Geologic Hazard Abatement District (the “Declaration”) is made this _____ day of __________, 20__ (the “Effective Date”), by, La Vista Residential L.P., a California limited liability company and Strategic Growth Partners, Inc. (“Declarants”).

RECITALS
A. Declarants are the owner of that certain real property located in the City of Hayward, County of Alameda, State of California, filed on , 20__ in Book of Parcel Maps, at pages , all in the Official Records of Alameda County, California (the “Property”).

B. The City of Hayward approved 176 multi-family residential units and approximately 46,000 square feet of educational facilities on the Property. A condition of approval was that the Property be annexed into the Hayward Geologic Hazard Abatement District (“Hayward GHAD”).

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

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

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

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

2. Right of Entry : The Declarant s by executing and recording this Declaration hereby contractually affords Hayward GHAD, its officials, employees, contractors, and agents an irrevocable right of entry with continuing and perpetual access to and across the Property for the purposes and responsibilities set out in the Plan of Control (“Access Rights”). Should the Hayward GHAD need to access private residential lots to fulfill its duties under the Plan of Control, the Hayward GHAD shall provide the affected landowner and/or resident with 72

hours advanced notice unless, in the reasonable judgment of the GHAD Manager, an emergency situation exists which makes immediate access necessary to protect the public health and safety, in which case no advanced notice is required, but the Hayward GHAD shall inform the landowner and/or resident as soon as reasonably possible. The Declarants hereby give notice that the GHAD will acquire Access Rights immediately upon the execution of this Declaration. The GHAD, in its sole discretion, may elect not to exercise Access Rights until it accepts its maintenance responsibilities consistent with the Plan of Control.

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

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

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

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

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

Executed as of the Effective Date.

Declarants: La Vista Hayward, L.P.

By:

Its: ________________________________ _

Strategic Growth Partners, Inc.

By:

Its: ________________________________ _

CERTIFICATE OF ACCEPTANCE

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

_______________________
Uri Eliahu Date: October 2, 2025
Hayward GHAD Manager

Attest:

_______________________
Patricia E. Curtin
Hayward GHAD Clerk

Approved as to form:

_______________________
Amara Morrison
Hayward GHAD Attorney

APPENDIX D

SAMPLE TRANSFER APPLICATION FORM

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
PARCEL GROUP 3 DEVELOPMENT
Hayward Geologic Hazard Abatement District Board of Directors c/o Hayward GHAD Manager
ENGEO Incorporated
2663 Camino Ramon, Suite 250
San Ramon, CA 94583

As of ____________, 20__, ______ is submitting an application for transfer of GHAD activities as provided in Section 6.0 of the Parcel Group 3 Plan of Control dated ________, 2025 . As specified in Section

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

We submit the following parcels for the transfer of GHAD activities as provided in the Parcel Group 3 Plan of Control to the Hayward GHAD:

Lot
Number/Tract
Address Assessor’s Parcel Number

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

GHAD receipt of Transfer Application: Initial of GHAD representative: __________ Date: _______

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

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

52639195.1/51710
www.engeo.com

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-471
DATE: October 28, 2025
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Landscape Maintenance Contract with Los Loza, Inc. in a Not-to-Exceed Amount of $3.2 Million Over Five Years for Mission Blvd/Route 238 Phases 1, 2, and 3, Linear Park, and Jackson St/Route 92 and Appropriate $120,000 Yearly for the Term of the Contract

RECOMMENDATION
That the City Council adopts a resolution (Attachment II), authorizing the City Manager to negotiate and execute a landscape maintenance contract with Los Loza, Inc. (Los Loza) in a not-to-exceed amount of $3.2 million over five years for maintenance along Mission Blvd/Route 238 Phases 1, 2, and 3, Linear Park, and Jackson St/Route 92 and appropriate $120,000 yearly for the term of the contract.

SUMMARY
As part of its purchasing practices, the City periodically issues requests for quotes (RFQ) to ensure the City is getting competitive and quality services from its vendors. In August 2025, staff issued an RPQ to solicit quotes for contracted landscape maintenance along Mission Blvd/Route 238 Projects (Phases 1, 2, and 3), Linear Park, and Jackson St/Route 92 . Staff received and evaluated a total of four (4) bids. Los Loza submitted the most responsive bid at $562,800 annually. This proposed contract will supersede the current median landscape contract (Route 238 Phase 1, 2, and Linear Park) which is expiring, and add the additional scope of new median landscaping added as part of two separate CIP projects that have recently been completed, Route 238 Phase 3 and Jackson St./Route 92, from Mission Blvd. to Santa Clara St.

While staff considered other landscape maintenance options, it was determined that continuing to utilize an external contractor is the most feasible option from a budgetary perspective, especially when compared to estimated ($1.4-2.25 million) annual cost if City staff completed the work. Maintenance Services FY26 baseline budget has $445,000 earmarked for the existing contract, leaving an annual General Fund appropriation request of $120,000 ($600,000 over the full contract term) needed to award this maintenance contract. Staff recommends awarding the contract to Los Loza in a total not-to-exceed amount of $3.2 million over five years, which is inclusive of CPI increases and contingency.

CITY OF HAYWARD Printed on 10/24/2025Page 1 of 2
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File #:CONS 25-471

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/24/2025Page 2 of 2
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DATE: October 28, 2025

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Landscape Maintenance Contract with Los Loza, Inc. in a Not-to-Exceed Amount of $3.2 Million Over Five Years for Mission Blvd/Route 238 Phases 1, 2, and 3, Linear Park, and Jackson St/Route 92 and Appropriate $120,000 Yearly for the Term of the Contract

RECOMMENDATION

That the City Council adopts a resolution (Attachment II), authorizing the City Manager to negotiate and execute a landscape maintenance contract with Los Loza, Inc. (Los Loza) in a not- to-exceed amount of $3.2 million over five years for maintenance along Mission Blvd/Route 238 Phases 1, 2, and 3, Linear Park, and Jackson St/Route 92 and appropriate $120,000 yearly for the term of the contract.

SUMMARY

As part of its purchasing practices, the City periodically issues requests for quotes (RFQ) to ensure the City is getting competitive and quality services from its vendors. In August 2025, staff issued a n RP Q to solicit quotes for contracted landscape maintenance along Mission Blvd/Route 238 Projects (Phases 1, 2, and 3), Linear Park, a nd Jackson St /Route 92 . Staff received and evaluated a total of four (4) bids. Los Loza submitted the most responsive bid at $562,800 annually. This proposed contract will supersede the current median landscape contract (Route 238 Phase 1, 2, and Linear Park) which is expiring, and add the additional scope of new median landscaping added as part of two separate CIP projects that have recently been completed, Route 238 Phase 3 and Jackson St./Route 92, from Mission Blvd. to Santa Clara St.

While staff considered other landscape maintenance options, it was determined that continuing to utilize an external contractor is the most feasible option from a budgetary perspective, especially when compared to estimated ($1.4-2.25 million) annual cost if City staff completed the work. Maintenance Services FY26 baseline budget has $445,000 earmarked for the existing contract, leaving an annual General Fund appropriation request of $120,000 ($600,000 over the full contract term) needed to award this maintenance contract. Staff recommends awarding the contract to Los Loza in a total not-to-exceed amount of $3.2 million over five years, which is inclusive of CPI increases and contingency.

FISCAL IMPACT
This item will have an additional cost of $120,000 annually to the General Fund for the five years of the contract. All four of the quotes from contractors (see table below) came in higher than the Maintenance Department’s current budget of $445,000 for the maintenance of Route 238 Phase 1 and 2 and Linear Park. Staff recommends going with the second lowest quote due to performance concerns about the company with the lowest quote, which are described below.

Given the City’s current fiscal situation , staff is taking seriously any increased cost to the General Fund. After evaluation, staff feels that reliable landscape maintenance on this main corridor is an important core service for safety and cleanliness. At the same time as completing the RFQ for landscaping, staff completed a Request for Proposals for janitorial services, which is also appearing on the October 28, 2025 agenda. That item will result in a reduction to general fund costs that is greater than the increase in costs from this item.

Staff evaluated the option of completing this work using staff hours, rather than contracting the work. Based on the scope of work detailed in the RFQ, staff estimate that this maintenance program would require approximately 8,000 to 12,500 labor hours annually, equivalent to 4.0 to 6.0 full-time staff positions. Per FY24 User Fee Study adopted through Reso 24-187, at an average fully burdened rate of $180 per staff hour, the in-house cost would range from $1.44 million to $2.25 m illion per year. This does not include updated user rates for FY26 or additional capital costs for specialized trucks, equipment, materials/supplies and tools, nor the recruitment and training of certified personnel (e.g., arborist, pesticide applicator, irrigation specialist).

Moreover, the scope of work is too extensive for current staff to complete the work during operating hours or overtime. Given these costs and resource requirements, staff determined that continuing the practice of contracting the work is substantially more cost-effective and ensures access to specialized expertise, consistent service levels, and reduced operational risk for the City.

BACKGROUND AND DISUCSSION

On August 13, 2025, staff released RFQ 26 -005 to solicit quotes for qualified contractors to provide landscape maintenance along Route 238 Phase 1, 2, and 3, Linear Park, and Jackson St./Route 92. Combined, the six different capital improvement projects invested over $130 million throughout the City, including:

 Pavement improvement: new pavement, striping, roadway markings, signage  Lighting upgrades: underground utility wires, new streetlight poles and traffic signals, upgrading lighting
 Alternative transportation mode accessibility: new sidewalks, new and protected bike lanes, walking paths, seating

 Landscape enhancements: new trees, plants, plant material, mulch, irrigation, pavers, and a revitalized gateway monument sign
 Traffic safety: new medians and bulb outs

To adequately maintain these investments, the RFQ included the following work:
 Maintaining two (2) city gateway monuments, four (4) entry walls, and 3,000 linear feet of decorative fencing
 Landscape maintenance of almost 770,000 square feet (~18 acres) including removing trash/debris, removing weeds, shrub pruning, and fertilizer an d mulch applications
 Tree trimming for over 1,500 trees
 Irrigation maintenance for 90 utility meters, backflows, and irrigation controllers  Sidewalk, bike lane, and pavers cleaning and maintenance  Bioretention maintenance activities and state mandated reporting

On September 19, 2025, staff received and evaluated four (4) quotes, summarized below.

Vendor Monthly Bid Yearly Bid
Brightview Landscape
Services
$40,451 $485,412
Los Loza, Inc. $46,900 $562,800
New Image Landscape
Company
$52,917 $635,004
Bayscape Management $61,438 $737,256

While Brightview was the lowest bidder, staff is recommending awarding the contract to Loz Loza, the second -lowest bidder, due to BrightView’s prior performance issues. In previous City contracts, including the original Route 238 Phase 1 and 2 maintenance contract, Brightview did not consistently adhere to the specifications, performance standards, and service quality expectations outlined in the RFQ. Based on this history, staff determined that awarding the contract to Los Loza better aligns with the City’s standards for reliability, responsiveness, and quality of work.

Los Loza submitted a complete and responsive bid in an annual amount of $562,800 . Staff recommends awarding the contract to Los L oza in this annual amount subject to CPI increases, for five years. Staff also recommends a 7.5% contingency given the large amount of plant material and trees that make up the total contract inventory, and the volume of motorists and pedestrians along the arterial routes as it relates to vehicle accidents, vandalism and general damages . Thus, the total not -to-exceed amount will be $3.2 million, as outlined below.

Cost FY26 FY27 FY28 FY29 FY30 Total
Contract $562,800 $579,684 $597,075 $614,987 $633,436 $2,987,982 Contingency $42,403 $42,403 $42,403 $42,403 $42,403 $212,015 Total
Contractual
Costs
$605,203 $622,087 $639,478 $657,390 $675,839 $3,200,000 Current
Appropriated
Budget
$445,000 $445,000 $445,000 $445,000 $445,000 $2,225,000 Annual
Appropriation
Request
$120,000 $120,000 $120,000 $120,000 $120,000 $600,000
Los Loza is a Hayward-based landscaping company that has experience providing the level of service required to maintain the City’s Bay Friendly certification. Likewise, Los Loza has been previously awarded other city contracts and has demonstrated superb ability to provide high- quality landscape maintenance, quick response times in cases of emergencies, and excellent customer service.

ECONOMIC IMPACT

The Route 238 Projects, Linear Park, and Route 92 Projects provide positive economic benefits for nearby businesses and increased property values for residential areas. These projects also provide safety benefits to pedestrians, bicyclists , and vehicles with more efficient lighting, installation of medians, curb ramps, and bike lanes, and pavement improvement. Maintenance of these projects will continue providing environmental , recreational, and safety benefits, including water conservation, removal of blight, and beautifying the City.

SUSTAINABILITY FEATURES

This item will continue the sustainability features constructed in the Projects, specifically:

1. Water – maintain drought tolerant plans and irrigation controllers to conserve water.

2. Environment – maintain native and climate appropriate plants and trees, including trimming, removal and replacement.

3. Bicycle/Pedestrian Improvements – remove trash and debris within bicycle paths and walkways to provide safe alternatives to driving.

STRATEGIC ROADMAP

This item supports the maintenance of over $130 million in capital improvement projects which supported various Council Strategic Priorities and Projects, specifically Invest in Infrastructure/City Property, Enhance Quality of Life.

NEXT STEPS

If Council a pproves this item, the City Manager will negotiate and execute a landscape maintenance contract with Los Loza, Inc., in a not-to-exceed amount of $3.2 million over five years for maintenance along R oute 238 , Linear Park, and R oute 92. Likewise, staff will appropriate $120,000 annually from the General Fund to the Landscape Division during the contract term length.

Prepared by: Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

_________________________________________________
Jayanti Addleman, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-_____

Introduced by Council Member ______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LANDSCAPE MAINTENANCE CONTRACT WITH LOS LOZA, INC., IN A TOTAL NOT-TO-EXCEED AMOUNT OF $3.2 MILLION OVER FIVE YEARS FOR MISSION BLVD/ROUTE 238 PHASES 1, 2, AND 3, LINEAR PARK, AND JACKSON ST/ROUTE 92 AND APPROPRIATE $120,000 YEARLY FOR THE TERM OF THE

CONTRACT

WHEREAS, on August 13, 2025, staff released a Request for Quote (RFQ) 2 6-005 to solicit quotes for a qualified contractor to provide landscape maintenance along Route 238 Phase 1, 2, and 3, Linear Park, and Jackson St./Route 92; and

WHEREAS, combined, these six different capital improvement projects invested over $130 million throughout the City , including pavement improvement, lighting upgrades, alternative transportation mode accessibility, landscape enhancements, and traf fic safety enhancements; and

WHEREAS, the RFQ detailed the maintenance related to landscape maintenance of roughly 18 acres, tree trimming for over 1,500 trees, irrigation maintenance for 90 utility meters, backflows, and irrigation controllers, maintenance of gateway monuments, entry walls, and decorative fencing, and other maintenance activities; and

WHEREAS, staff received and evaluated four (4) different proposals; and

WHEREAS, staff recommends awarding the contract to Los Loza, Inc. , the most responsive bidder, in an annual amount of $5 62,800, subject to annual CPI incr eases and a

7.5% annual contingency amount; and

WHEREAS, the contract term length would be for three (3) years with two (2) options for one (1)-year extensions, for a total contract term length of five years; and

WHEREAS, the Maintenance Services Department currently has an annual budget of $445,000 to fund this contract.

ATTACHMENT II

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute a landscape maintenance contract with Los Loza, Inc. in a not -to-exceed amount of $ 3.2 million for five years, from FY26 thru FY30, for the maintenance of Mission Blvd/Route 238 Phases 1, 2, and 3, Linear Park, and Jackson St/Route 92.

BE IT FURTHER RESOLVED that the City Council authorizes t he appropriation of $120,000 from the General Fund on an annual basis for the term of the contract to the Department to fund the contractual difference.

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 25-472
DATE: October 28, 2025
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with SWA Services Group, to Provide Janitorial Cleaning Services at Various City Locations for a Term of Three Years With Two One-Year Options to Extend in a Contract Amount of $2,698,755 and a Contingency Amount of $135,000, for a Total Not-To-Exceed Amount of $2,833,755

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a three-year agreement with two one-year options to extend with SWA Services Group to provide Janitorial Cleaning services at various locations in a total-not-to-exceed amount of $2,833.755.

SUMMARY
Contracted janitorial cleaning services are utilized at various City-owned locations, specifically at City Hall, Downtown Library and Learning Center, Weekes Branch Library, Corporation Yard, Hayward Police Department Locations, Animal Services, Fire Station #6 & Regional Training Center and the Water Resource Recovery Facility (WRRF). Staff released a request for proposals (RFP) in May 2025 to seek a qualified contractor. Staff recommend awarding the contract to SWA Services Group in a total not-to- exceed amount of $2,833,755, which includes a $135,000 contingency budget, and three-year term, as well as two one-year options to extend.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/24/2025Page 1 of 1
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DATE: October 28, 2025

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with SWA Services Group, to Provide Janitorial Cleaning Services at Various City Locations For a Term of Three Years with Two One-Year Options to Extend in a Contract Amount of $ 2,698,755 and a Contingency Amount of $135,000, for a Total Not-To-Exceed Amount of $2,833,755

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a three-year agreement with two one-year options to extend with SWA Services Group to provide Janitorial Cleaning services at various locations in a total -not-to- exceed amount of $2,833.755.

SUMMARY

Contracted janitorial cleaning services are utilized at various City-owned locations, specifically at City Hall, Downtown Library and Learning Center, Weekes Branch Library, Corporation Yard, Hayward Police Department Locations, Animal Services, Fire Station #6 & Regional Training Center and the Water Resource Recovery Facility (WRRF) . Staff released a request for proposals (RFP) in May 2025 to seek a qualified contractor. Staff recommend awarding the contract to SWA Services Group in a total not-to-exceed amount of $2,833,755, which includes a $135,000 contingency budget, and three-year term, as well as two one-year options to extend.

FISCAL IMPACT

The adopted annual operating budgets for FY26 for the Maintenance Services Department, Hayward Police Department and Public Works Water Resource Recovery Facility will continue to fund the contract for services provided at each location. The majority of services provided within this contract are paid for by the General Fund (GF) . The current annual expenditure on this janitorial contract paid for by the GF is $ 673,351. If approved, the new annual contract with SWA Services will re sult in annual savings to the General Fund of $157,156 when compared to the current janitorial contract.

This item will provide a positive economic impact to the City by receiving increased cleaning frequencies, additional locations and day porter service for both libraries.

Department FY26 FY27 FY28 FY29 FY30 Total 5-Year 5%
Contingency
Contract
Total
Maintenance
Services
478,196 492,542 507,319 522,538 538,214 2,538,810 126,999 2,665,809 Hayward
Police –
Southland &
South
Resource
10,999 11,329 11,668 12,018 12,379 58,393 2,921 61,314
Water
Resource
Recovery
Facility
19,128 19,702 20,293 20,902 21,529 101,553 5,080 106,633 Total 508,323 523,573 539,280 555,458 572,122 2,698,755 135,000 2,833,755

BACKGROUND AND DISCUSSION

For many years the City has used ABM to provide janitorial cleaning services for the City’s facilities. Per the City’s purchasing and procurement policies, it is prudent to regularly solicit new bids to receive competitive pricing, compare services, and evaluate knowledge and experience. On May 15, 2025, staff released RFP # 25-023 to seek a qualified contrac tor to provide janitorial services for City facilities , and a mandatory job walk for this RFP was conducted on May 28, 2025. A total of (18) contractors attended the job walk and a total of (9) proposals were received for evaluation.

Proposals were evaluated by an internal review panel consisting of City staff representing all city locations who receive services as a part of this contract.

After thoroughly evaluating each proposal for total cost, adherence to the scope in the RFP and applicable work experience, the committee ranked all proposals and invited the top four firms for an interview to discuss their respective proposals. After completing a review of the references provided, the committee recommends awarding the contract to SWA Services Group.

The recommendation is based on SWA Services Groups:

 Extensive municipal experience
 Comprehensive quality-control program
 Strong commitment to OSHA compliance and continuous employee safety training

 Emphasis on sustainability and green cleaning practices  Overall cost efficiency
 SWA employees are represented by organized labor, (Signatory to SEIU)  Seamless transition plan
 Proprietary SWA Quality Inspection App (Inspections and Workorders)

The committee is confident that SWA Services Group will provide reliable, high-quality service that aligns with the City’s operational needs and values.

The contract awarded will be for three years with two, one-year extensions. If the City chooses to exercise the options, the base annual contract will be subject to a CPI increase for each extension. The CPI, verified with the U.S. Bureau of Labor Statistics (BLR), will be reported in all reports and/or contract extensions. Additionally, staff is recommending an annual 5% contingency of $27,000 ($135,000 5-year total) to support additional janitorial services for special events and any unforeseen miscellaneous janitorial services. The table below outlines the expected contract costs for the department requiring these services, assuming a 3% CIP.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Champion Climate Resilience & Environmental Justice and Strengthen Organizational Healthy but is not related to implementation of a specific project.

SUSTAINABILITY FEATURES

The City of Hayward is committed to being environmentally responsible. SWA Services Group uses Green Seal -certified products and low -toxicity disinfectants in alignment with LEED (Leadership in Energy and Environmental Desig n) guidelines, supporting the City’s environmental initiatives.

PUBLIC CONTACT

The RFP was publicized on the City’s website in May 2025. A mandatory pre -proposal conference and walkthrough was held on May 28, 2025. On August 25 & 26. 2025, staff invited four bidders to interview.

NEXT STEPS

If Council approves this contract, the City Manager will be authorized to execute the agreement with SWA Services Group in a total -not-to-exceed amount of $ 2,833,755, which includes a $135,000 contingency, and a three-year term, as well as a two one-year options to extend.

Prepared by: Liz Moran, Management Analyst II

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

________________________________________________
Jayanti Addleman. Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXCUTE AN AGREEMENT WITH SWA SER VICES GROUP TO PROVIDE

JANITORIAL CLEANING SERVICES AT VARIOUS CITY LOCATIONS FOR A

TERM OF THREE YEARS WITH TWO -ONE-YEAR OPTIONS TO EXTEND IN A CONTRACT AMOUNT OF $2,698,755 AND A CONTINGENCY AMOUNT OF $135,000, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $2,833,755

WHEREAS, RFP 25-023 was published by the City of Hayward Finance Department to solicit proposals at various City-owned locations, specifically at City Hall, Downtown Library and Learning Center, Weekes Branch Library, Corporation Yard, Hayward Police Department Locations, Animal Services, Fire Station #6 & Regional Training Center and the Water Resource Recovery Facility (WRRF); and

WHEREAS, the Maintenance Services Department, Hayward Police Department and the Water Resource Recovery Facility have sufficient funds in their respective operating budgets for this contract; and

WHEREAS, staff received and evaluated nine proposals; and

WHEREAS, SWA Services Group, was selected as the most qualified bidder due to extensive municipal experience, strong commitment to OSHA compliance and continuous employee safety training, emphasis on sustainability, overall cost efficiency, and SWA employees are represented by organized labor (Signatory to SEIU); and

WHEREAS, the new annual contract with SWA Services Group will result in annual savings to the General Fund of $157,156 when compared to the current janitorial contract.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute a contract, in a form approved by the City Attorney, with SWA Group Services for janitorial services at various City locations for a term of three years with two one-year options to extend in a total not-to-exceed amount of $2,833,755, which includes a $135,000 contingency budget.

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 25-477
DATE: October 28, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Maddaus Water Management, Inc. for the Preparation of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan in a Not-to-Exceed Amount of $175,000

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement (PSA) with Maddaus Water Management, Inc. for the preparation of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan, in an amount not-to-exceed $175,000.

SUMMARY
On September 3, 2025, the City of Hayward (City) issued a Request for Proposals, through the City’s OpenGov procurement portal, for a consultant to work collaboratively with City staff to prepare the 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP). The consultant is expected to provide highly skilled technical services to develop a document that will serve as a framework for long-term water resource planning, to ensure adequate water supplies are available to meet current and future City demands. The 2025 UWMP and WSCP must be adopted by Council and submitted to the Department of Water Resources (DWR) by July 1, 2026. Staff completed an extensive review and evaluation of proposals submitted by the September 23, 2025, deadline and recommends Maddaus Water Management, Inc. to prepare both plans.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: October 28, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Maddaus Water Management, Inc. for the Preparation of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan in a Not-to-Exceed Amount of $175,000

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement (PSA) with Maddaus Water Management, Inc. for the preparation of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan, in an amount not-to-exceed $175,000.

SUMMARY

On September 3, 2025, the City of Hayward (City) issued a Request for Proposal s, through the City’s OpenGov procurement portal, for a consultant to work collaboratively with City staff to prepare the 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) . The consultant is exp ected to provide highly skilled technical services to develop a document that will serve as a framework for long-term water resource planning, to ensure adequate water supplies are available to meet current and future City demands. The 2025 UWMP and WSCP must be adopted by Council and submitted to the Department of Water Resources (DWR) by July 1, 2026. Staff completed an extensive review and evaluation of proposals submitted by the September 23, 2025, deadline and recommends Maddaus Water Management, Inc. to prepare both plans.

FISCAL IMPACT

There are no impacts on the General Fund or Measure C.

Funding for the UWMP and WSCP will be from the Water Operating Fund (Fund 605), which is an Enterprise Fund, for a total not -to-exceed $175,000. There are sufficient funds to support this project.

BACKGROUND

In 1983, the California Legislature enacted the Urban Water Management Planning Act , (California Water Code (CWC) Section 10610 et seq ), which requires a ll urban water suppliers providing water for municipal purposes to more than 3,000 customers or serving more than 3,000 acre-feet annually to adopt an UWMP and WSCP every five years. As a public water system serving approximately 16 0,000 people, as well as numerous commercial, industrial and institutional customers, the City is subject to the requirements of CWC Section 10610 et seq . The UWMP and WSCP are intended to provide information to DWR, stakeholders, and the public on current and future potable and non-potable water supplies, water shortage contingency plan s, and water supply reliability under different planning scenarios.

Information from the City’s water demand model , which accounts for factors such as projected growth in population, housing and employme nt, and the Urban Water Use Objective , a key metric for assessing water use to determine compliance with state-defined water efficiency targets, will support development of the City’s 2025 UWMP and long -term resource planning to ensure adequate water supplies are available to meet existing and future water needs. A completed UWMP serves as a long-range planning document for water supply, a source document for preparing General Plans, and a foundational document for Water Supply Assessments. A UWMP may be required to meet funding eligibility for statewide customer programs, loans and grants for water resources studies and projects.

The WSCP is a strategic planning document that outlines how the City will prepare for and respond to water shortages. In accordance with CWC 10632, all urban water suppliers must develop and adopt a WSCP as part of its UWMP. Water shortages can arise for various reasons, including drought, catastrophic events, or when available supply cannot meet customer demand. The WSCP provides a structured framework for addressing such shortages, by establishing standardized action levels, incorporating prescriptive information and response measures for catastrophic supply interruptions. The 2025 UWMP including the WSCP must be adopted and submitted to DWR by July 1, 2026.

DISCUSSION

The primary objective of this project is to develop the legally required 2025 UWMP and WSCP that will document current and future water supplies, while outlining a strategic plan to anticipate and respond to potential shortages. The 2025 UWMP will build upon the 2020 UWMP1, by integrating updated data from local and regional land -use planning, regional water supply, and the City’s current water demand model. The 2025 UWMP will provide an assessment of the reliability of water sources over a 20 -year planning time frame , description of demand management measures, and information about the use and planned use of any recycled water and groundwater.

1https://www.hayward-ca.gov/documents/urban-water-management-plan

On September 3, 2025, an RFP was advertised and issued for developing the City’s 2025 UWMP and WSCP. On September 23, 2025, the RFP submittal deadline, the City had received two (2) valid proposals from EKI Environment & Water, Inc., and Maddaus Water Management, Inc. Based on the five (5) project tasks, and evaluation criteria set forth in the RFP, the Maddaus Water Management, Inc. , proposal was ranked highest with an average score of 86.1 out of a total of 100 points. EKI Environment & Water, Inc., was ranked second.

Both firms are well qualified and assembled strong teams for this project . However, while Maddaus’s fee is somewhat larger than EKI, staff recommends Maddaus Water Management, Inc., for demonstrating the best combination of qualifications and responsiveness to the City’s RFP Scope of Work and related criteria.

Execution of a PSA with Maddaus Water Management, Inc. will allow the City to proceed with the development of a n updated UWMP and WSCP . The plans are scheduled for completion by June 2026.

ECONOMIC IMPACT

The UWMP and WSCP are for planning purposes. Development of a thoug htful UWMP and WSCP is a legal and regulatory requirement of the CWC, and a reliable water management action plan is critical to ensuring the City has an adequate long -term water supply to meet existing and future demands.

STRATEGIC ROADMAP

Although this is not a spec ified project in the FY 25 Strategic Roadmap, t his agenda item supports Strategic Priority 3: Confront Climate Crisis and aligns with Priority 4: Investing in Infrastructure particularly, to guide planning efforts that will protect and enhance the City’s water supplies.

SUSTAINABILITY FEATURES

An updated UWMP and WSCP provide long-term sustainability by ensuring the City has a planning framework for assessing water demand, water supply reliability , and demand management measures . These plans also promote resilienc y by integrating c onservation savings and drought preparedness measures that safeguard the City’s water supplies.

PUBLIC CONTACT

The RFP was public posted on the City’s OpenGov procurement portal 2 on September 3 , 2025.

2 https://www.hayward-ca.gov/business/doing-business-with-hayward/rfps-rfqs

NEXT STEPS

If Council approves this item, staff will prepare and execute a Professional Services Agreement (PSA) with Maddaus Water Management, Inc. for preparation of a n UWMP and WSCP.

Prepared by: Conrad Braganza, Water Resources Planner Cheryl Muñoz, Water Resources Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________________________
Jayanti Addleman, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH MADDAUS WATER
MANAGEMENT, INC. FOR THE PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN IN AN AMOUNT NOT TO EXCEED $175,000

WHEREAS, the 1983 Urban Water Management Act (Act) requires all California urban water agencies that supply more than 3,000 acre -feet of water per year o r have more than 3,000 connections to prepare an Urban Water Management Plan and Water Shortage Contingency Plan every five years; and

WHEREAS, the City of Hayward owns and operates the Hayward Public Water System and delivers drinking water to approximately 160,000 people, and is therefore subject to the requirements of the Act; and

WHEREAS, the City of Hayward seeks to develop an updated Urban Water Management Plan to ensure adequate water supplies are available to meet existing and future water needs and a Water Shortage Contingency Plan detailing actions to prepare for and respond to water shortages; and

WHEREAS, technical consulting assistance is needed for the preparation of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan; and

WHEREAS, on September 3, 2025, the City solicited proposals from qualified consultants to assist the City in preparation of the Urban Water Management Plan and Water Shortage Contingency Plan; and

WHEREAS, on September 23, 2025, two (2) valid proposals were received and based on the evaluation criteria included in the Request for Proposal 26 -009, Maddaus Water Management, Inc. was ranked the highest with an average score of 86.1; and

WHEREAS, funding for the UWMP and WSCP will be from the Water Operating Fund (Fund 605), which is an Enterprise Fund, for a total not -to-exceed $175,000.  There are sufficient funds to support this project.

ATTACHMENT II

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a Professional Services Agreement with Maddaus Water Management, Inc., for technical consulting services in an amount not -to-exceed $175,000 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 #: WS 25-038
DATE: October 28, 2025
TO: Mayor and City Council
FROM: Interim City Manager

SUBJECT
City Budget Status Update: Oral Report by the City Manager as Information Becomes Available (Oral Report from Interim City Manager Addleman)
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-037
DATE: October 28, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt 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 Sq. Ft. District in Connection with Zone Change Application No. MTA-25-0002

RECOMMENDATION
That the City Council adopts the Ordinance introduced on October 21, 2025.

SUMMARY
This item entails the adoption of 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 sq. ft. District in connection with Zone Change Application No. MTA-25-0002. The Ordinance was introduced on October 21, 2025, by Mayor Salinas.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Published Ordinance
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DATE: October 28, 2025

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt 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 sq. ft. District in Connection with Zone Change Application No. MTA-25-0002

RECOMMENDATION

That the Council adopts the Ordinance introduced on October 21, 2025.

SUMMARY

This item entails the adoption of 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 sq. ft. District in connection with Zone Change Application No. MTA -25-0002. The Ordinance was introduced on O ctober 21, 2025, by Mayor Salinas.

BACKGROUND

The Ordinance was introduced by Mayor Salinas at the October 21, 2025, meeting of the City Council with the following vote:

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

ABSTAIN: NONE

STRATEGIC ROADMAP

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

FISCAL IMPACT

There is no fiscal impact associated with this report.

PUBLIC CONTACT

The summary of the Ordinance was published in the Daily Review c/o Bay Area News Group- East Bay on Friday, October 24, 2025. Adoption, at this time, is therefore appropriate.

NEXT STEPS

The Hayward Municipal Code and other related documents will be updated accordingly.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:
_______________________________________________
Jayanti Addleman, Interim City Manager

ATTACHMENT II

PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE

CITY COUNCIL OF THE CITY OF HAYWARD

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAYWARD 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 SQ. FT.

DISTRICT IN CONNECTION WITH ZONE CHANGE APPLICATION NO. MTA-25-0002

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 Re sidential-Minimum Lot Size 10,000 sq. ft. District, subject to the findings and conditions of approval set forth in the companion Resolution (No. 25-181) 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 ordinance, which shall continue in fu ll force and effect, provid ed 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 m eeting of the City Council of the City of Hayward, held on the 21st day of October 2025, by Mayor Salinas.

This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on the 28th day of October 2025, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583- 4400.

Dated: October 24,2025
Miriam Lens, City Clerk
City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-036
DATE: October 28, 2025
TO: Mayor and City Council
FROM: Maintenance Services Director

SUBJECT
Proposed Amendments to the Maintenance and Repair of Sidewalks Ordinance: Introduce an Ordinance Amending Hayward Municipal Code Chapter 7, Article 2 (Streets) Clarifying the Duty to Maintain and Repair Sidewalks

RECOMMENDATION
That the City Council introduce an Ordinance (Attachment II) amending the Hayward Municipal Code to update the Ordinance clarifying the duty of property owners regarding the maintenance and repair of sidewalks and adopt a resolution (Attachment III) establishing a hardship program and a waiver of sidewalk-related encroachment permit fees.

SUMMARY
Hayward Municipal Code Chapter 7, Article 2 (Streets) contains the Ordinance regarding Maintenance and Repair of Sidewalks, which, along with State law, imposes an obligation upon property owners to maintain abutting sidewalks. The Ordinance was originally adopted in 2001; however, through subsequent litigation, the courts have imposed the need for cities to use clear and unambiguous language if they intend to hold property owners liable for failing to comply with those obligations. This amendment seeks to provide such clear and unambiguous language to clarify the duty of property owners and to subsequently hold property owners liable should they fail to remedy dangerous sidewalk conditions.

ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution
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DATE: October 28, 2025

TO: Mayor and City council

FROM: Director of Maintenance Services

SUBJECT: Proposed Amendments to the Maintenance and Repair of Sidewalks Ordinance:

Introduce an Ordinance Amending Hayward Municipal Code Chapter 7, Article 2 (Streets) Clarifying the Duty to Maintain and Repair Sidewalks

RECOMMENDATION

That the City Council introduce an Ordinance (Attachment II) amending the Hayward Municipal Code to update the Ordinance clarifying the duty of property owners regarding the maintenance and repair of sidewalks and adopt a resolution (Attachment III) establishing a hardship program and a waiver of sidewalk-related encroachment permit fees.

SUMMARY

Hayward Municipal Code Chapter 7, Article 2 (Streets) contains the Ordinance regarding Maintenance and Repair of Sidewalks, which, along with State law, imposes an obligation upon property owners to maintain abutting sidewalks. The Ordinance was originally adopted in 2001; however, through subsequent litigation, the courts have imposed the need for cities to use clear and unambiguous language if they intend to hold property owners liable for failing to comply with those obligations. This amendment seeks to provide such clear and unambiguous language to clarify the duty of property owners and to subsequently hold property owners liable should they fail to remedy dangerous sidewalk conditions.

BACKGROUND AND EXISTING ORDINANCE

The City of Hayward has approximately 430 miles of sidewalks. These sidewalks are maintained in three different ways. First, the Maintenance Services Department provides regular maintenance of conditions affecting public health and safety upon receiving notification through Access Hayward. Second, owners of properties adjacent to sidewalks perform maintenance of conditions affecting public health and safety per requirements of California State Law. Finally, the Public Works & Utilities Department conducts semi- regular repairs of all City’s sidewalks through the City’s Capital Improvement Program.

Per California law, the responsibility to repair sidewalks rests with the owners of private properties adjacent to those sidewalks.1 The City’s existing Sidewalk Maintenance and Repair Ordinance, Hayward Municipal Code Section 7-2.70 et seq., incorporates these requirements of State Law. Furthermore, per the existing ordinance and upon notification through Access Hayward or otherwise, the City’s Maintenance Services Department regularly sends notices to property owners advising them of their responsibilities and the need to repair sidewalk conditions posing a danger to public health and safety.

Repairs in Response to Complaints

The City’s Maintenance Services Department works diligently to address any public health and safety concerns in a timely manner. In the last five years, the City has received over 450 sidewalk-related repair requests, with an average of 93 requests per year. These requests are widespread throughout the entire City and are not isolated to a specific district or neighborhood. (See Map below).

1 “The owners of lots or portions of lots fronting on any portion of a public street . . . shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner....” California Street and Highways Code, Section 5610.

The City’s Maintenance Services Department evaluates each of those requests and typically addresses them within a 48-hour period. These repairs focus on alleviating the immediate threat to public health and safety. However, a need for a permanent repair may remain necessary. For these reasons, such repairs are often accompanied by a letter to the property owner, notifying them of their responsibility and obligation to remove and replace certain portions of the sidewalk adjacent to their property.

The letter the City issues to the property owners informs them of the requirement to obtain an encroachment permit and the use of a licensed contractor for the sidewalk repair work.

Pursuant to the City’s Master Fee Schedule, a sidewalk-related encroachment permit ordinarily costs $823. However, in an effort to facilitate these repairs, the City completely waives encroachment permit fees for sidewalk-related repairs that are being done in response to such a letter. The attached Resolution formalizes this process and ensures that staff continue with this approach.

Repairs as Part of the Capital Improvement Program

In addition to the sidewalk repairs performed by the City’s Maintenance Services Department in response to complaints, the City’s Public Works & Utilities Department also performs sidewalk maintenance through the Capital Improvement Program.

Every year, staff evaluate each of the ten sidewalk districts and select two to be repaired as part of the program. The selection process involves evaluating each district for public health and safety hazards. If a hazard is identified, residential property owners are given a choice of having the City perform the work at a cost of $550 per property or hiring their own contractor to perform the work. For commercial and multi-family properties, the owners are given the choice of either reimbursing the City for actual cost of construction or performing the work themselves.

Responsibility for Injuries Resulting from Hazardous Sidewalk Conditions

Although State law places responsibility for sidewalk repairs on private property owners, California courts have held that cities can be held liable for injuries resulting from dangerous sidewalk conditions unless a city has adopted an ordinance to the contrary. See Gonzales v. San Jose (2004) 125 Cal App.4th 1127.

Following the Court’s decision in Gonzales v. San Jose, California cities have reduced general fund impact in trip-and-fall liability cases by adopting municipal ordinances that clearly and unambiguously confirm responsibility of fronting property owners for injuries and damages resulting from sidewalk-related accidents. (Gonzales v. San Jose (2004) 125 Cal App.4th 1127.) Such ordinances do not change what is already vested in state law but expressly establish that the property owner has the primary responsibility for maintaining safe sidewalks, as set forth by the State legislation, whether or not the City has notified the owner of their maintenance obligations. Many of our neighboring jurisdictions have incorporated such language into their sidewalk ordinances, including: Oakland, Berkely, San Leandro, Union City, Dublin, Antioch, Richmond, Concord, Daly City, San Mateo, and others.

DISCUSSION

Updating the Current Ordinance to Clarify Property Owner Responsibility

Adjacent property owners are often in the best position to quickly identify and address potentially dangerous sidewalk conditions. The proposed updates to the current ordinance do not change this. Instead, the effect of the proposed ordinance on adjacent property owners is to establish a measure of legal responsibility for the maintenance of safe sidewalks. Without the ordinance, abutting property owners have little incentive to maintain sidewalks or to report or eliminate tripping hazards, even when they are responsible for these types of repairs pursuant to State and local law.

Furthermore, sidewalk ordinances that clarify the duty for maintenance such as the one being proposed here serve as an effective risk management tool, enabling the City to mitigate the risk of trip and fall cases by incentivizing sidewalk repairs, as well as allowing the City to more fully defend against sidewalk trip and fall cases.

Impact on Property Owners

Staff understand that sidewalk repairs can be costly. For this reason, the City has initiated a policy of waiving encroachment permit costs for sidewalk repair work identified through a notice from Maintenance Services requiring such repairs.

Furthermore, where City action or the actions of a third party caused the unsafe sidewalk condition, the City or the third party would be responsible for the repair and the City would not seek any reimbursement from property owners. City actions that would warrant City's responsibility for sidewalk repair include damage caused by Street Trees, poor soil compaction when installing new sidewalks, and utility leaks or improper utility installation by the City.

Finally, as set forth above, this ordinance sets forth certain consequences for property owners who fail to remedy dangerous sidewalk conditions. One of these consequences is bearing the legal responsibility for any injuries that result from such a failure. Ordinarily, if a property owner has insurance coverage, their insurer will cover the liability and any additional risk resulting from such injuries. Staff have consulted with the City’s insurance partners and do not believe that the passage of this ordinance, in itself, will result in increases in insurance rates.

Council Infrastructure and Airport Committee Support

On June 25, 2025, the Council Infrastructure and Airport Committee evaluated this proposed ordinance amendment. The Committee was supportive of the item and requested additional information about fiscal impacts of a potential Hardship Program for the discussion with the full City Council.

Hardship Program

Approximately 9% of Hayward households in owner-occupied units earn an annual household income of less than $35,000.2 Additionally, at least 23% of the owner-occupied units would be considered low-income households.3 To encourage and enable low-income property owners to repair damaged sidewalks, the City Council could establish a Sidewalk Repair Financial Hardship Program.

As an example, the City of Oakland and San Jose both have a hardship program that offers sidewalk repairs at no cost to income-qualified property owners. San Francisco offers a hardship-based deferred payment plan up to $5,000. The City of Fremont has created a program whereby the City reimburses 50 percent of the repair costs up to a maximum of $7,500 per property.4

If City Council was inclined to create such a hardship program, eligibility could be based on proof of participation in another means-tested program, such as CalFresh or PG&E CARE (California Alternate Rates for Energy), or other.

Following direction of the City Council on October 7, 2025, Staff have explored various non- General Fund alternatives to funding the hardship program, including, but not limited to, Alameda County Measure funds, Waste Management Street Impact Fees, Federal programs such as the USDA Section 504 Home Repair Program, and grant opportunities. Staff have identified some non-General Fund monies that could support the hardship program. Staff intend to continue exploring grant funding options if any such options become available in the future.

If Council would like to move forward with a hardship fund, staff recommend establishing the hardship program with an annual budget of $30,000. Staff would return with the second reading of the ordinance with the budget appropriation for this purpose.

FISCAL IMPACT

Without the ordinance amendment, the City will continue to be primarily liable for damages resulting from trip and fall incidents where those incidents occurred due to property owners’ unwillingness to fix sidewalks for which they are legally responsible. In these cases, there is a significant and continued impact to the General Fund. Furthermore, given the recent changes to the City’s insurance, General Fund impacts may further increase. Such impacts may amount to hundreds of thousands of dollars per case unless the Council moves forward with some mitigation measures.

2 U.S. Census Bureau, Tenure by Household Income in the Past 12 Months (in 2023 Inflation -Adjusted Dollars). American Community Survey, ACS 1-Year Estimates Detailed Tables, Table B25118, 2023, https://data.census.gov/table/ACSDT1Y2023.B25118?t=Income+(Households,+Families,+Individuals):Owne r/Renter+(Tenure)&g=160XX00US0633000 . Accessed on May 28, 2025. 3 Please note, the data regarding affordability levels doesn’t perfectly match census data because the affordability levels are based on income and household size, whereas Census date is solely focused on income. 4 Please note, the Fremont 50-50 Sidewalk Repair Program is open to all residents, regardless of hardship.

This ordinance amendment is one such mitigation measure. Amending the ordinance provides clarity regarding the consequences where property owners refuse to follow state and local law. Specifically, this ordinance amendment ensures that property owners remain responsible and liable to members of the public for failing to remedy dangerous conditions.

It is important to note, however, that the City may not completely absolve itself of liability in all sidewalk-related cases.

Establishing the hardship program will have no impact on the General Fund as staff have identified non-General Fund monies that are available for such a program.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap priorities to Invest in Infrastructure. It aligns with the implementation of the Invest in Multi-Modal Transportation goal by improving pedestrian mobility, which is a key component of a multi-modal network.

PUBLIC CONTACT

This proposed ordinance was discussed at the June 25, 2025 meeting of the Council Infrastructure and Airport Committee where the public did not offer any comments.

Additionally, the initial discussion of this ordinance amendment occurred at the October 7, 2025 City Council meeting, for which an agenda was published in the regular course of the City’s business practice.

This item was also set forth in the current agenda, which was published in the regular course of the City’s business practice.

Following adoption of the ordinance amendments, Staff intend to notify property owners of this change to the ordinance. Staff will determine the best way to do this, which may be through a future water bill.

NEXT STEPS

If approved, the Ordinance will return to the City Council for a second reading on the consent calendar on November 4, 2025. If adopted at that meeting, the Ordinance will take effect 30 days thereafter.

Prepared by: Vadim Sidelnikov, Assistant City Attorney

Recommended by: Michael S. Lawson, City Attorney
Todd Rullman, Director of Maintenance Services

Approved by:

_______________________________________________
Jayanti Addleman, Interim City Manager

ATTACHMENT II
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF HAYWARD AMENDONG CHAPTER 7, ARTICLE 2 (STREETS) CLARIFYING THE DUTY TO MAINTAIN AND REPAIR

SIDEWALKS

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

Section 1. Chapter 7, Article 2, of the Hayward Municipal Code is hereby amended to read as follows, with additions underlined and deletions stricken:

ARTICLE 2 - STREETS

MAINTENANCE AND REPAIR OF SIDEWALKS
SEC. 7-2.70 FINDINGS AND DECLARATIONS.

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 5600, et seq. of the Streets and Highways Code for costs of repair and maintenance of public sidewalks, the City Council hereby makes the following findings and declarations:

The damage to and disrepair of public sidewalks within the City of Hayward is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to endanger persons or property, and to interfere with the public convenience in the use of such sidewalk. Therefore, the existence of damaged and unrepaired sidewalks abutting private property within the City of Hayward is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of these regulations.

SEC. 7-2.71 DEFINITIONS.

For the purposes of this portion of this Article, certain words and phrases are defined and certain provisions are to be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended.
(a) 'Abate' shall mean to repair, replace, or otherwise remedy the condition in question by such means and in such manner and to such an extent as is necessary in the interest of the general health, safety, and welfare of the community as determined by the enforcement officer.
(b) 'Enforcement officer' shall mean the employee or official appointed and designated by the City Manager to administer the provisions of this Article.

Created: 2023-05-19 09:25:10 [EST]
(Supp. No. 19)

(c) 'Premises' shall mean any lot or portion of lot fronting that portion of public sidewalk that is out of repair.
(d) 'Responsible Pperson' shall mean the owner of any premises, as ascertained from the last equalized assessment roll of the City, or as shown in the records of the office of the clerk, or any agent of the same, lessee, or other person occupying or having charge or control of same.
(e) 'Sidewalk' shall mean that description provided by California Streets and Highways Code, section 5600, et seq., and as may hereafter be changed or modified.

SEC. 7-2.72 PROPERTY OWNER’S DUTY TO MAINTAIN AND REPAIR SIDEWALK

(a) The Responsible Person for any Premises in the City, fronting on any portion of a public street, alley, or way, shall owe a duty to members of the public to keep and maintain the Sidewalk adjacent to the Premises in a safe and non-dangerous condition. This duty includes, but is not limited to, maintenance and repair of surfaces including, after having obtained all necessary permits from the City of Hayward, performance of grinding, removal and replacement of Sidewalks, and repair and maintenance of curb and gutters, so that the Sidewalk will remain in a condition that is not dangerous to property or to persons.

(b) The duty of a Responsible Person as set forth in this Article shall not apply where the unsafe condition exists because of some act of the City, or a third party, and such act is the proximate cause of the unsafe condition upon the Sidewalk. The Responsible Person shall bear the burden of proof to show that an act of the City, or some other third party, was the proximate cause of the dangerous Sidewalk condition.

(c) If, as a result of a Responsible Person’s failure to maintain a Sidewalk area in a safe and non-dangerous condition, any person suffers injury or damage to person or property, the Responsible Person shall be liable to such person for the resulting damages or injury.

(a)(d) Failure of the Responsible Person to maintain a Sidewalk area as set forth in this Article shall constitute negligence and a public nuisance. The City shall not be liable for any injury caused by the negligence of the Responsible Person.

Created: 2023-05-19 09:25:10 [EST]
(Supp. No. 19)

SEC. 7-2.73 ABATEMENT NOTICE.

When Where a Responsible Person has a duty to repair a dangerous sidewalk condition pursuant to this Article, any portion of the sidewalk is out of repair or pending reconstruction such that it endangers persons or property or interferes with the public convenience is the use of such sidewalk, the Enforcement Officer shall may notify the owner or rResponsible person Person to of the need to repair the Ssidewalk and of the intent to undertake such maintenance and repairs if the Responsible Person shall fail to do so and collect assessments for the costs and expenses of such maintenance.

SEC. 7-2.74 CONTENTS OF NOTICE.
(a) The notice shall specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair, and shall further specify that if the repair is not commenced within four (4) weeks after notice is given and diligently completed, the Enforcement Officer shall cause such repair to be made, and the cost of same shall be a lien on the property.
(b) In accordance with its Sidewalk Rehabilitation Program, the City Council may determine from time to time that it is appropriate to fund a portion of Ssidewalk repairs and bill abutting Property OwnersResponsible Persons for a portion of the actual repair costs, which amount will be established by Council resolution. In that event, the notice shall contain the proportional amount to be paid by the Responsible PersonProperty Owner.

SEC. 7-2.75 MANNER OF GIVING NOTICE.
(a) A copy of the notice provided for in Section 7-2.74 may be given by delivering a written notice personally to the Property Owner or to the Responsible Person, or by mailing, postage prepaid, to the Property Owner or to the Responsible Person, as ascertained from the last equalized assessment roll of the City, or as shown in the records of the office of the Clerk.
(b) Immediately upon the mailing of the notice, the Enforcement Officer shall cause a copy thereof printed on a card of not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the Enforcement Officer may, not less than seven (7) days nor more than ten (10) days after the mailing of the first notice, mail an additional notice, postage prepaid, marked 'Second Notice,' to the person to whom the first notice was addressed.

SEC. 7-2.76 REPAIR.

If the repair is not commenced and diligently completed, as required by the notice, the Enforcement Officer shall forthwith cause the repair to be made of the Ssidewalk. Upon the written request of the Property OwnerResponsible Party, the Enforcement Officer may

Created: 2023-05-19 09:25:10 [EST]
(Supp. No. 19)

cause the repair to be made to any other portion of the Ssidewalk fronting the property that is designated by the Responsible PartyProperty Owner. The cost of repair work done pursuant to such a request shall be a part of the cost of repairs for which subsequent notices are given, hearings held, and assessment and collection proceedings are conducted.

The cost of repair shall be billed to the Responsible Party Property Owner and shall become due and payable thirty (30) days thereafter.

SEC. 7-2.778 ADMINISTRATIVE HEARING.

At the time fixed for the administrative hearing, if one is requested, the Enforcement Officer shall consider all relevant evidence, objections, or protests offered on behalf of the Property Owner or Responsible Person which tend to show why the expense of the repair should not be charged to the Property Owner or Responsible Person as a civil debt which may be constitute a lien against the property if not paid. The Enforcement Officer may also consider rebuttal evidence offered by the City. The hearing may be continued from time to time.

SEC. 7-2.78 REPORT OF REPAIRS AND COSTS.

The Enforcement Officer shall keep an account of the cost of repairs and embody an account in an annual report and assessment list to the City Council, which shall be filed with the City Clerk. The assessment list shall refer to each separate lot or parcel of land by a description that is sufficient to identify the lot or parcel together with the repairs that have been made, and the expense proposed to be assessed against each separate lot or parcel of land.

SEC. 7-2.79 NOTICE OF REPORT AND HEARING.

The City Clerk shall post a copy of the report and assessment list on the bulletin board designated for the posting of agendas for City Council meetings together with a notice of filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying Property OwnersResponsible Parties that they may appear at such time and place and object to any matter contained therein, and notice of the report and hearing shall further be given in the same manner as the notice to repair.

SEC. 7-2.80 CONFIRMATION HEARING.

At the time and place fixed for receiving and considering the annual report, the City Council shall hear the same together with any objections which may be raised by any person liable to be assessed for the work of abating the nuisance, and the Enforcement Officer shall attend the meeting with his or her record thereof, and upon the hearing, the Council may make the modifications in the proposed assessments as it may deem necessary, after which the report and assessment list shall be confirmed by resolution.

Created: 2023-05-19 09:25:10 [EST]
(Supp. No. 19)

SEC. 7-2.81 ASSESSMENT.

The cost of repair assessed by the City Council shall constitute a special assessment against the premises, and shall be a lien on the property, if not paid within five (5) days after its confirmation by the City Council.

SEC. 7-2.82 NOTICE OF LIEN.

The Enforcement Officer may file in the office of the Alameda County Recorder, a certificate in substantially the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ________ day of ________, 20__, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of Hayward, on the ________ day of ________, 20__, by Resolution No. ____________, assessed the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Hayward claims a lien on said real property until the said sum, together with interest at the rate of _____ per cent per annum, from the date of confirmation of the assessment (________ ____, 20__), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Hayward, County of Alameda, State of California, and particularly described as follows:
(Description of property)
Dated this _______ day of _________, 20__.
______________________________
Enforcement Officer
SEC. 7-2.83 COLLECTION ON TAX ROLL.

The amount of lien shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary City Taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment and the lien of the assessment shall have priority of the taxes with which it is collected.

Section 3. Severance. Should any part of this Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this

Ordinance, which shall continue in full force and effect, provided that the remainder of the Ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.

Section 4. Effective Date. In accordance with the provisions of Section 620 of the City Charter, the Ordinance shall become effective 30 days after adoption by the City Council.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 28th day of October 2025, by ______________________.

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

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: _______________________________________
Mayor of the City of Hayward

ATTEST: _____________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. _______________

Introduced By Council Member _______________

A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HAYWARD

ESTABLISHING A WAIVER OF SIDEWALK-RELATED ENCROACHMENT

PERMIT FEES AND ESTABLISHING HARDSHIP SIDEWALK REPAIR PROGRAM

FOR QUALIFYING LOW-INCOME PROPERTY OWNERS

WHEREAS, the City of Hayward’s sidewalk infrastructure is considered a significant asset that impacts the quality of life for those who live and work in Hayward; and

WHEREAS, areas of sidewalk damage present accessibility challenges for Hayward residents who use wheelchairs, strollers, or other mobility devices; and

WHEREAS, hazardous sidewalk conditions can lead to injuries, which can result in claims and lawsuits; and

WHEREAS, the City of Hayward wishes to increase the number of annual voluntary sidewalk damage repairs performed by property owners; and

WHEREAS, the City of Hayward routinely offers no -cost encroach ment permits to property owners seeking to repair sidewalks following notification from the Maintenance Services Department or the Department of Public Works; and

WHEREAS, the City of Hayward recognizes that some low -income property owners may not be able to afford sidewalk repairs; and

WHEREAS, the City of Hayward wishes to establish Financial Hardship Sidewalk Repair Program for qualifying low -income property owners to ensure that repairing a sidewalk does not place undue pressure on low-income property owners; and

WHEREAS, in establishing this program, the City of Hayward will support the improved condition of sidewalk infrastructure in the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward , finds the above recitals to be true and correct and by this reference makes them a part hereof.

BE IT FURTHER RESOLVED, that the City Manager is hereby directed to continue and formalize the practice of waiving the cost of encroachment permits for the purpose of sidewalk repairs where property owners are directed to seek such a permit waiver by the Maintenance Services Department or the Department of Public Works following inspection of unsafe sidewalk conditions.

ATTACHMENT III

BE IT FURTHER RESOLVED, that the City Manager is hereby directed to establish a Financial Hardship Sidewalk Repair Program for qualifying City of Hayward property owners up to an annual expenditure cap of $30,000 to be funded by non -General Fund and non-enterprise fund monies.

BE IT FURTHER RESOLVED, that the qualifications for this program shall be established by the City Manager and may include proof of participation in one or more means-tested programs, including but are not limited to, CalFresh and PG&E California Alternate Rates for Energy (CARE).

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 for the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-031
DATE: October 28, 2025
TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT
Adopt Resolutions Amending the Unrepresented Employees Salary and Benefits Resolution for Executives, the City Clerk Employment Agreement, and the City Attorney Employment Agreement

RECOMMENDATION
That the City Council adopts Resolutions (Attachments II, IV, and V) Amending the Unrepresented Employees Salary and Benefits Resolution for Executives, the City Clerk Employment Agreement, and the City Attorney Employment Agreement to include a furlough obligation for fiscal year 2025-26.

SUMMARY
The City of Hayward is facing a budget deficit and is taking measures to reduce costs to rebuild the target reserve. As a result, the City has taken a number of cost-saving measures to limit the impact this has on its employees and residents, such as reducing expenditures, holding and freezing vacant positions, and seeking concessions from its organized employee groups.

If approved, the proposed Salary and Benefits Resolution as amended would result in a General Fund savings of approximately $192,900. The savings will be achieved through Unrepresented Executive employees meeting an eighty-three and two-tenths (83.2) hour unpaid furlough obligation in fiscal year 2025-26, the approximate equivalent of four percent (4%) in salary costs. The City Clerk and City Attorney employment agreements will include similar amendments to result in additional General Fund savings of approximately $29,500.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Amended Salary and Benefits Resolution for Executives Attachment IV Resolution - City Clerk Employment Agreement Attachment V Resolution - City Attorney Employment Agreement CITY OF HAYWARD Printed on 10/24/2025Page 1 of 2
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File #:LB 25-031
CITY OF HAYWARD Printed on 10/24/2025Page 2 of 2
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DATE: October 28, 2025

TO: Mayor and City Council

FROM: Director of Human Resources

SUBJECT: Adopt Resolutions Amending the Unrepresented Employees Salary and Benefits Resolution for Executives, the City Clerk Employment Agreement, and the City Attorney Employment Agreement

RECOMMENDATION

That the City Council adopts Resolution s (Attachments II, IV, and V ) Amending the Unrepresented Employees Salary and Benefits Resolution for Executives, the City Clerk Employment Agreement, and the City Attorney Employment Agreement to include a furlough obligation for fiscal year 2025-26.

SUMMARY

The City of Hayward is facing a budget deficit and is taking measures to reduce costs to rebuild the target reserve. As a result, the City has taken a number of cost-saving measures to limit the impact this has on its employees and residents, such as reducing expenditures, holding and freezing vacant positions, and seeking concessions from its organized employee groups.

If approved, the proposed Salary and Benefits Resolution as amended would result in a General Fund savings of approximately $192,900. The savings will be achieved through Unrepresented Executive employees meeting an eighty-three and two-tenths (83.2) hour unpaid furlough obligation in fiscal year 2025-26, the approximate equivalent of four percent (4%) in salary costs. The City Clerk and City Attorney employment agreements will include similar amendments to result in additional General Fund savings of approximately $29,500.

FISCAL IMPACT

If approved, the proposed amendments to the Unrepresented Employees Salary and Benefits Resolution for Executives, the City Clerk Employment Agreement, and the City Attorney Employment Agreement would result in a General Fund savings of approximately $222,400.

BACKGROUND

In response to the City’s current financial state, the City implemented a number of cost saving measures, including but not limited to: identification of one-time savings and funding sources; holding vacancies while working towards instituting an official hiring freeze; limiting training costs and use of consultants; increased frequency of monitoring of cash flow to weekly; increased frequency of monitoring payroll expenditures to bi-weekly; regularly reviewing ideas for balancing the budget from staff; and continued review and reduction of temporary staff.

In addition, all bargaining groups in the City were asked for a concession equivalent to three and one-half percent (3.5%) of each respective bargaining unit’s annual salary costs.

Cost savings contributed by bargaining groups are critical to the City’s fiscal health as employee salaries and benefits costs make up the majority of the General Fund budget.

DISCUSSION

To help lead the organization in realizing cost saving measures for FY2025-26, the City’s Executive Team, including the City Clerk and City Attorney, unanimously support the equivalent of a four percent (4%) reduction in annual salary costs for executives. For all executive classifications except for the Police Chief, this will be achieved by participating in an approximate equivalent unpaid furlough of eighty-three and two-tenths (83.2) hours. To mitigate the financial impact of the furlough on employees, executives will have the payback of the furlough obligation spread evenly throughout the remaining pay periods of FY2025-26, resulting in four and eighty-nine-hundredths (4.89) hours of paid time deducted from each executive employee’s paycheck for the pay periods starting November 3, 2025, and ending June 28, 2026.

STRATEGIC INITIATIVES

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

NEXT STEPS

Staff will finalize the documents and obtain necessary review by the City Attorney and respective approval by the City Manager and the Mayor to execute them. The Human Resources Department will work with the Finance Department to implement these changes.

Recommended by: Regina Youngblood, Assistant City Manager

Approved by:

Jayanti Addleman, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _________

RESOLUTION APPROVING AMENDMENT TO THE SAL ARY AND BENEFITS

RESOLUTION FOR UNREPRESENTED EMPLOYEES

WHEREAS, the City of Hayward is facing a budget deficit and is taking measures to reduce costs to rebuild the target reserve; and

WHEREAS, the City of Hayward must realize cost saving measures for the current fiscal year 2025-26; and

WHEREAS, the City’s Executive Team unanimously supports the equivalent of a four percent (4%) reduction in annual salary costs for executives ; and Unrepresented Executive classifications except for the Police Chief will take the four percent (4%) reduction through a required eighty-three and two-tenths (83.2) hour unpaid furlough within Fiscal Year 2025-

26. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the amendment to the Salary and Benefits Resolution for Unrepresented Employees.

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

S
alary and Benefits Resolution
fo
r

UNREPRESENTED EMPLOYEES
Effective July 1, 2015
Amended: May 13, 2012 (Resolution No. 12-071)
June 13, 2012 (Resolution No.12-093)
April 15, 2014 (Resolution No. 14-045)
July 7, 2015
May 17, 2016
June 27, 2017
June 26, 2018
May 26, 2020
June 22, 2021
July 20, 2021
June 21, 2022
July 1, 2024
October 28, 2025 (Resolution No. 25-XXX)
Attachment III

S A LA R Y A N D BE N E FI T S RE S O L U T I O N FO R

UN R E P R E S E N T E D M A N A G E M E N T E M P L O Y E E S

RE V I S E D J U LY 1, 2024 i

TABLE OF CONTENTS

Salary and Benefits Resolution ................................................................................... 1

1.00 Composition ...................................................................................................... 1

2.00 Probationary period .......................................................................................... 1

2.01 Appointments Not Subject to Probationary Period ..................................................................... 1

2.02 Appointments Subject to Probationary Period ............................................................................ 1

2.03 Release of Probationer ................................................................................................................. 1

2.04 Release Following Promotion ....................................................................................................... 1

2.05 Effect of Leaves on Probationary Period ...................................................................................... 2

2.06 Effective Date of Regular Status ................................................................................................... 2

3.00 Layoffs, Resignations & Terminations ............................................................ 2

3.01 Layoffs ........................................................................................................................................... 2

3.02 Rights of Return Following a Layoff .............................................................................................. 4

3.03 Resignations .................................................................................................................................. 5

3.04 Terminations ................................................................................................................................. 6

4.00 Work Schedules ................................................................................................ 6

4.01 Work Schedules ............................................................................................................................ 6

4.02 Overtime ....................................................................................................................................... 7

4.03 Work Performed During Disaster ................................................................................................. 7

4.04 Fiscal Year 2025-2026 Furlough Obligation .................................................................................. 7

5.00 Benefit Plans ..................................................................................................... 8

5.01 Medical Insurance......................................................................................................................... 8

5.02 Flexible Benefits Allowance .......................................................................................................... 9

5.03 Federal or State Health Plan ....................................................................................................... 10

5.04 Alternate Benefits ....................................................................................................................... 11

5.05 Supplemental Retirement Benefit .............................................................................................. 13

5.06 Dental Insurance ......................................................................................................................... 13

5.07 Life Insurance .............................................................................................................................. 14

5.08 Disability Insurance ..................................................................................................................... 14

5.09 Vision Care .................................................................................................................................. 14

5.10 Benefits for Domestic Partners................................................................................................... 14

5.11 Medical, Dental, Vision, Flexible and Alternate Benefits for Certain Part-Time Employees ...... 15 Attachment III

S A LA R Y A N D BE N E FI T S RE S O L U T I O N FO R

UN R E P R E S E N T E D M A N A G E M E N T E M P L O Y E E S

RE V I S E D J U LY 1, 2024 ii

5.12 Deferred Compensation Plan ..................................................................................................... 16

5.13 Defined Benefit Retirement Program ......................................................................................... 16

5.14 Car Allowances and Mileage Reimbursement ............................................................................ 17

5.15 Additional Employee CalPERS Contributions .............................................................................. 17

5.16 Health and Wellness Reimbursement ........................................................................................ 17

5.17 Professional Development Reimbursement ............................................................................... 18

5.18 Educational Reimbursement ...................................................................................................... 19

5.19 Personal Equipment Stipend ...................................................................................................... 20

5.20 Cellular Phone Stipend ............................................................................................................... 20

6.00 Salary Administration ..................................................................................... 20

6.01 Salary Administration Policy ....................................................................................................... 20

6.02 Salary at Time of Employment .................................................................................................... 20

6.03 Eligibility for Advancement in Pay .............................................................................................. 21

6.04 Attaining Advancement .............................................................................................................. 21

6.05 Use of Performance Ratings in Determining Whether Step Advancement is Merited .............. 21

6.06 Withholding Step Advancements ............................................................................................... 22

6.07 Change in Pay Upon Promotion .................................................................................................. 22

6.08 Change in Pay Upon Demotion ................................................................................................... 22

6.09 Change in Pay Upon Reclassification .......................................................................................... 22

6.10 Acting Pay ................................................................................................................................... 23

6.11 Bilingual Pay ................................................................................................................................ 23

6.12 Special Assignment Positions ..................................................................................................... 24

6.13 Salaries ........................................................................................................................................ 24

6.14 “Y-Rated” Salaries ....................................................................................................................... 24

6.15 Salary Adjustments ..................................................................................................................... 24

6.16 Salary Survey ............................................................................................................................... 24

6.17 Longevity Pay .............................................................................................................................. 25

7.00 Holidays ........................................................................................................... 25

7.01 Holidays Observed by the City .................................................................................................... 25

7.02 Holidays for Part-Time Employees ............................................................................................. 26

8.00 Vacations ......................................................................................................... 26

8.01 Vacation Leave Policy ................................................................................................................. 26

8.02 Vacation Accruals for Full-Time Employees ............................................................................... 27 Attachment III

S A LA R Y A N D BE N E FI T S RE S O L U T I O N FO R

UN R E P R E S E N T E D M A N A G E M E N T E M P L O Y E E S

RE V I S E D J U LY 1, 2024 iii

8.03 Vacation Accruals for Certain Part-Time Employees .................................................................. 28

8.04 Payment for Unused Vacation Leave.......................................................................................... 29

9.00 Sick Leave ........................................................................................................ 29

9.01 Sick Leave Policy ......................................................................................................................... 29

9.02 Sick Leave Allowance for Full-Time Employees .......................................................................... 30

9.03 Sick Leave Allowance for Certain Part-Time Employees ............................................................ 30

9.04 Sick Leave Notice and Certification ............................................................................................ 31

9.05 Payment for Unused Sick Leave ................................................................................................. 32

9.06 Catastrophic Injury/Illness Time Bank ........................................................................................ 34

10.00 Miscellaneous Leaves ..................................................................................... 36

10.01 Bereavement and Reproductive Loss Leave ............................................................................... 36

10.02 Jury Leave ................................................................................................................................... 36

10.03 Military Leave ............................................................................................................................. 36

10.04 Worker’s Compensation Leave ................................................................................................... 36

10.05 Family and Medical Leave / California Family Rights Act ........................................................... 37

10.06 Pregnancy Disability Leave ......................................................................................................... 37

10.07 Leave of Absence ........................................................................................................................ 37

10.08 Parental Leave ............................................................................................................................ 38

10.09 Management Leave .................................................................................................................... 38

11.00 Miscellaneous Provisions .............................................................................. 39

11.01 Notification of Address ............................................................................................................... 39

11.02 Restrictions on Outside Work ..................................................................................................... 39

11.03 Employee Health and Medical Examinations ............................................................................. 39

11.04 Conversion of Compensatory Time ............................................................................................ 40

11.05 Americans with Disabilities Act (ADA) ........................................................................................ 40

11.06 Potential Changes in Wages and Benefits .................................................................................. 40

11.07 Fire Chief Position ....................................................................................................................... 40

11.08 Police Chief Position ................................................................................................................... 40

11.09 Duration ...................................................................................................................................... 41 Salary and Benefits Resolution ................................................................................... 1

1.00 Composition ...................................................................................................... 1

2.00 Probationary period .......................................................................................... 1

2.01 Appointments Not Subject to Probationary Period ..................................................................... 1 Attachment III

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2.02 Appointments Subject to Probationary Period ............................................................................ 1

2.03 Release of Probationer ................................................................................................................. 1

2.04 Release Following Promotion ....................................................................................................... 1

2.05 Effect of Leaves on Probationary Period ...................................................................................... 2

2.06 Effective Date of Regular Status ................................................................................................... 2

3.00 Layoffs, Resignations & Terminations ............................................................ 2

3.01 Layoffs ........................................................................................................................................... 2

3.02 Rights of Return Following a Layoff .............................................................................................. 4

3.03 Resignations .................................................................................................................................. 5

3.04 Terminations ................................................................................................................................. 6

4.00 Work Schedules ................................................................................................ 6

4.01 Work Schedules ............................................................................................................................ 6

4.02 Overtime ....................................................................................................................................... 6

4.03 Work Performed During Disaster ................................................................................................. 7

5.00 Benefit Plans ..................................................................................................... 7

5.01 Medical Insurance......................................................................................................................... 7

5.02 Flexible Benefits Allowance .......................................................................................................... 8

5.03 Federal or State Health Plan ......................................................................................................... 9

5.04 Alternate Benefits ....................................................................................................................... 10

5.05 Supplemental Retirement Benefit .............................................................................................. 12

5.06 Dental Insurance ......................................................................................................................... 12

5.07 Life Insurance .............................................................................................................................. 13

5.08 Disability Insurance ..................................................................................................................... 13

5.09 Vision Care .................................................................................................................................. 13

5.10 Benefits for Domestic Partners................................................................................................... 13

5.11 Medical, Dental, Vision, Flexible and Alternate Benefits for Certain Part-Time Employees ...... 14

5.12 Deferred Compensation Plan ..................................................................................................... 15

5.13 Defined Benefit Retirement Program ......................................................................................... 15

5.14 Car Allowances and Mileage Reimbursement ............................................................................ 16

5.15 Additional Employee CalPERS Contributions .............................................................................. 16

5.16 Health and Wellness Reimbursement ........................................................................................ 16

5.17 Professional Development Reimbursement ............................................................................... 17

5.18 Educational Reimbursement ...................................................................................................... 18 Attachment III

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5.19 Personal Equipment Stipend ...................................................................................................... 19

5.20 Cellular Phone Stipend ............................................................................................................... 19

6.00 Salary Administration ..................................................................................... 19

6.01 Salary Administration Policy ....................................................................................................... 19

6.02 Salary at Time of Employment .................................................................................................... 19

6.03 Eligibility for Advancement in Pay .............................................................................................. 19

6.04 Attaining Advancement .............................................................................................................. 20

6.05 Use of Performance Ratings in Determining Whether Step Advancement is Merited .............. 20

6.06 Withholding Step Advancements ............................................................................................... 20

6.07 Change in Pay Upon Promotion .................................................................................................. 21

6.08 Change in Pay Upon Demotion ................................................................................................... 21

6.09 Change in Pay Upon Reclassification .......................................................................................... 21

6.10 Acting Pay ................................................................................................................................... 22

6.11 Bilingual Pay ................................................................................................................................ 22

6.12 Special Assignment Positions ..................................................................................................... 22

6.13 Salaries ........................................................................................................................................ 23

6.14 “Y-Rated” Salaries ....................................................................................................................... 23

6.15 Salary Adjustments ..................................................................................................................... 23

6.16 Salary Survey ............................................................................................................................... 23

6.17 Longevity Pay .............................................................................................................................. 24

7.00 Holidays ........................................................................................................... 24

7.01 Holidays Observed by the City .................................................................................................... 24

7.02 Holidays for Part-Time Employees ............................................................................................. 25

8.00 Vacations ......................................................................................................... 25

8.01 Vacation Leave Policy ................................................................................................................. 25

8.02 Vacation Accruals for Full-Time Employees ............................................................................... 26

8.03 Vacation Accruals for Certain Part-Time Employees .................................................................. 27

8.04 Payment for Unused Vacation Leave.......................................................................................... 28

9.00 Sick Leave ........................................................................................................ 28

9.01 Sick Leave Policy ......................................................................................................................... 28

9.02 Sick Leave Allowance for Full-Time Employees .......................................................................... 29

9.03 Sick Leave Allowance for Certain Part-Time Employees ............................................................ 29

9.04 Sick Leave Notice and Certification ............................................................................................ 30 Attachment III

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9.05 Payment for Unused Sick Leave ................................................................................................. 31

9.06 Catastrophic Injury/Illness Time Bank ........................................................................................ 33

10.00 Miscellaneous Leaves ..................................................................................... 35

10.01 Bereavement and Reproductive Loss Leave ............................................................................... 35

10.02 Jury Leave ................................................................................................................................... 35

10.03 Military Leave ............................................................................................................................. 35

10.04 Worker’s Compensation Leave ................................................................................................... 35

10.05 Family and Medical Leave / California Family Rights Act ........................................................... 36

10.06 Pregnancy Disability Leave ......................................................................................................... 36

10.07 Leave of Absence ........................................................................................................................ 36

10.08 Parental Leave ............................................................................................................................ 37

10.09 Management Leave .................................................................................................................... 37

11.00 Miscellaneous Provisions .............................................................................. 38

11.01 Notification of Address ............................................................................................................... 38

11.02 Restrictions on Outside Work ..................................................................................................... 38

11.03 Employee Health and Medical Examinations ............................................................................. 38

11.04 Conversion of Compensatory Time ............................................................................................ 38

11.05 Americans with Disabilities Act (ADA) ........................................................................................ 39

11.06 Potential Changes in Wages and Benefits .................................................................................. 39

11.07 Fire Chief Position ....................................................................................................................... 39

11.08 Police Chief Position ................................................................................................................... 39

11.09 Duration ...................................................................................................................................... 40 APPENDIX A. Salary Schedule and Employee Status Table

APPENDIX B. Employee Status

APPENDIX C. Fire Chief Position Benefits

APPENDIX D. Police Chief Position Benefits
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1.00 COMPOSITION
The employee classifications subject to this Resolution are categorized into three groups: Unrepresented-Executive, Unrepresented Exempt, and Unrepresented Non- Exempt, which are comprised of the classifications of employment listed in Appendix A to this Resolution and any other classification of employment which may hereafter be assigned by the City Manager in accordance with the provisions of the City of Hayward Personnel Rules governing unit determination and modification.

2.00 PROBATIONARY PERIOD

2.01 Appointments Not Subject to Probationary Period
All employees in positions identified in Appendix B as being members of the unclassified service are not subject to this Section 2.00. Employees in the unclassified service are “at-will” employees who can be separated from employment at any time, with or without cause. Employees who move from positions in the classified service to positions in the unclassified service will be required to sign a notification and acknowledge that the position is at-will.

2.02 Appointments Subject to Probationary Period
All employees in positions identified in Appendix B as being part of the classified service shall serve a probationary period as provided in this Section. The probationary period shall be regarded as a part of the selection process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to their position.

All appointments to the classified service (other than temporary and provisional appointments or appointments to part-time positions that are regularly scheduled to work less than twenty (20) hours per week) shall be subject to a probationary period.

The regular period of probation shall be one (1) year, but longer periods may be specified in individual classification descriptions and shall apply to all positions in the classification. An extension of the probationary period up to a maximum of six (6) months may be approved by the City Manager or designee in individual cases.

2.03 Release of Probationer
During the probationary period, an employee in the classified service may be released at any time without the right of appeal. Written notice of release designating the effective date of such action shall be furnished to the probationer. Persons employed in part-time positions scheduled for less than twenty (20) hours per week are excluded from the classified service and may be released at any time without the right of appeal.

2.04 Release Following Promotion
Any employee in the classified service may be released during the probationary period following promotion to another position in the classified service. The employee released shall be reinstated to the employee’s former position or to a position in the Attachment III

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class from which the employee was promoted unless the reason for the release is cause for dismissal. The employee will be reinstated to the salary step held before the promotion. If no vacancy exists in this former class, the employee with the least amount of time in this class shall be demoted to the most recent class in which that employee has satisfactorily served. If any employee is released by such action, such employee shall be placed on a reemployment register for the classification from which the employee was released.

Any employee who is released during a probationary period following promotion to another position in the classified service and whose release is cause for dismissal shall retain appeal rights to the dismissal from City employment, but not the right to appeal the employee’s release from the position from which the employee was demoted.

2.05 Effect of Leaves on Probationary Period
Periods on a paid or unpaid leave of one (1) week or more shall automatically extend the probationary period of any employee on probation. The length of the extension shall be equal to the length of the individual’s placement on paid or unpaid leave.

2.06 Effective Date of Regular Status
Upon attaining regular status as a member of the classified service, the effective date shall revert to the date of the initial probationary appointment.

3.00 LAYOFFS, RESIGNATIONS & TERMINATIONS

3.01 Layoffs
Whenever there is a lack of work or a lack of funds requiring a reduction in personnel in a department or division of the City government, the required layoffs shall be made as the City Manager may designate in accordance with the following procedures:

A. Employees shall be laid off in inverse order of their length of service within the affected job classification. A layoff out of the inverse order of seniority may be made if, in the City Manager’s judgment, retention of special job skills is required.

1. Length of service for the purpose of this Section shall mean an employee's continuous, uninterrupted service in the classification affected by the layoff. Length of service is determined based on the date of appointment in the affected classification and includes time spent as a probationary or part-time employee in that classification.

Length of service includes all days of attendance at work and authorized leaves of absence. Length of service does not include unauthorized absences or periods of suspension or layoff. Length of service shall not include time spent in a provisional or acting appointment in the affected classification unless such provisional or acting appointment was contiguous with appointment to such classification in a probationary or part-time status.

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2. An interruption in length of service within a classification shall occur as a result of any one of the following:

a. Discharge for cause.
b. Voluntary resignation.
c. Retirement for service or disability.
d. Absence from work for twenty-four (24) consecutive months because of layoff.
e. Failure to return from layoff as provided in Section 3.02, Right of Return Following a Layoff.
f. Failure to return from an approved leave of absence upon the date specified for return at the time said approval was granted.

3. Whenever the effective date of appointment to a classification is the same for two (2) or more employees, the original date of hire as a probationary or part-time employee with the City shall be used to determine which employee has a greater length of service within the classification. The employee with the earlier original date of hire with the City shall be considered to have the greater length of service within the classification in this situation.

4. Whenever the effective date of appointment to a classification and the original date of hire as a probationary or part-time employee with the City is the same for two (2) or more employees, actual hours worked shall be used to determine which employee has greater length of service within the classification. The employee with more hours worked in the classification shall be considered to have the greater length of service within the classification in this situation.

B. Within each affected job classification, employees will be laid off in the following order, unless retention of special job skills is required: all provisional employees shall be laid off before probationary employees and all probationary employees shall be laid off before any regular employees provided, however, that part-time employees whose length of service is less than any probationary or regular employee shall be laid off before such probationary or regular employee. Thereafter, if additional reductions in personnel are required, those employees with the least length of service within the affected classification shall be laid off.

C. Any regular, probationary, or part-time employee in the classified service who is designated to be laid off and who has held regular status in a lower or equal classification within the City may displace an employee in the lower or equal classification provided that the employee exercising the displacement privilege has greater classification length of service than the incumbent in the class to which the employee is bumping. If the employee in the higher Attachment III

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classification has not held status in a lower classification in the department, then no displacement rights accrue to that individual.

1. Bumping rights afforded to an employee in the classified service pursuant to this Section shall include bumping rights to those classifications in which the employee has previously served and which may since have been re-titled but where, as determined by the City Manager or designee, no substantive changes have been made in the duties or qualifications for the classification(s) in question.

2. Prior to employees being laid off, the Human Resources Department shall furnish to affected employees, upon request, status registers for all affected classifications in this group. Said lists shall include the names of all present employees who have held these classifications, their appointment dates, and their length of service thereto.

3. An employee eligible to bump into another classification pursuant to this paragraph (C) shall have five (5) calendar days after notice of assignment by the City Manager or designee to a position in that classification in which to accept such assignment. If the affected employee fails to accept such assignment within said five (5) calendar day period, the employee shall be laid off. An employee so assigned shall be placed at a salary step in the range for the classification to which the employee bumps which is closest to the employee's former rate of pay but which does not exceed the salary step held by the employee in the classification from which the employee was displaced.

4. In the event an employee bumps to an occupied or vacant position that is "flexibly" staffed as reflected in the Positions and Salaries Resolution, assignment to said position shall be at the level the employee previously held.

D. Employees scheduled for layoff will be given at least fourteen (14) calendar days advance notice, if possible. The City shall attempt, in so far as is possible, to accomplish any contemplated reduction in personnel by attrition rather than by layoff.

E. In the event employees are scheduled to be laid off, other employees with greater length of service within the same classification may elect to be laid off in lieu of those employees scheduled for such layoff.

3.02 Rights of Return Following a Layoff
As position vacancies in the classified service occur, employees on layoff and those occupying positions to which they have bumped shall be afforded return rights in the order of their length of service in the classification(s) in which such vacancies occur.

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A. An employee shall have ten (10) calendar days from the mailing by certified mail of a notice of return to work to the employee’s address of record on file in the Human Resources Department to indicate acceptance of such return and the employee’s agreement to report for work as specified in the notice.

B. Employees in layoff status shall retain all credited sick leave earned but unused at the time of layoff less any amounts paid out. An employee who is laid off shall not earn vacation leave credit while in layoff status.

C. Employees who are displaced from positions in the classified service by virtue of layoff shall be placed on a reemployment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on reemployment registers for classifications in which they previously served, hereinafter referred to as "secondary" registers. If an employee fails to respond to a notice of return within the prescribed time period or declines to return from layoff to a secondary register classification, the employee's name shall be removed from said secondary register and the employee shall no longer be eligible for recall to that classification. If an employee fails to respond to a notice of return within the prescribed time period or declines to return to the primary register classification, the employee will be considered to have voluntarily resigned from employment with the City. Notices will be sent to the employee’s last address on record with the City.

D. Full-time employees who have bumped to a part-time position or who have been recalled from layoff to a part-time position shall be afforded an opportunity to return to full-time status as position openings become available. Such right of return shall be subject to the "length-of-service" and "service within classification" requirements provided in this Section and Section 3.01, Layoffs, of this Resolution.

E. Employees who request and are granted a voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights.

F. An employee who, in lieu of layoff, was transferred to another position within the same classification shall be notified of an opening in the employee’s previous position and shall be afforded an opportunity to apply for reinstatement to that position.

G. Primary and secondary registers shall be valid for a period of two (2) years.

3.03 Resignations
Any employee wishing to leave the employ of the City in good standing shall file with the employee’s Department Director or designee or, in the case of a Department Director, with the City Manager, a written resignation stating the effective date and reasons for leaving. The written resignation must be filed at least two (2) weeks before the planned separation date unless the City Manager or designee waives such time limit. A resignation becomes final when accepted by the person receiving the resignation. Once the resignation is accepted, it cannot be withdrawn. A statement Attachment III

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as to the resigned employee's service performance and other pertinent information shall be forwarded to the Human Resources Department. Failure to submit a written resignation as provided in this Section shall be entered on the service record of the employee and may be cause for denying future employment with the City.

3.04 Terminations
An employee in the unclassified service may be terminated or discharged from employment at any time by the City Manager. Whenever it is the intention of the City Manager to discharge an employee, the Director of Human Resources shall be notified.

Discipline of employees in the classified service, including termination or discharge, shall be subject to the City’s Personnel Rules.

4.00 WORK SCHEDULES

4.01 Work Schedules
The normal schedule for all full-time employees shall consist of eighty (80) hours during each bi-weekly period. The City reserves the right to implement business closures, including the following, observed annually:

 During the calendar week in which the Thanksgiving holiday is observed

 On those days between the City’s observance of Christmas and New Year’s Day, with the discretion to extend the closure through the calendar week in which New Year’s Day is observed.

 Cesar Chavez Day, March 31 st (observed the following Monday if holiday falls on a Monday; observed the preceding Friday if holiday falls on a Saturday)

If the City exercises the right to implement business closures, employees will be permitted to use available accrued vacation or management leave

balances. Employees who do not have sufficient leave balances for the entire period will be in an unpaid status. No leave balances will be advanced.

In lieu of using accrued leave balance, employees may elect to be in an unpaid status during any business closure. For purposes of business closures only, employees who elect to take time off unpaid during City designated business closures shall continue to accrue seniority, sick leave, and vacation leave, and will be eligible for holiday pay as if they were in a paid status. In exercising the right to implement business closures, the City Manager or designee has sole discretion in determining which departments and/or positions will be affected by the closure.

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4.02 Overtime
It is the policy of the City that overtime work is to be kept to a minimum, consistent with the protection of lives and property of its citizens and the efficient operation of activities of the City, and it shall be authorized by the Department Directors or their designees.

Overtime-eligible employees are not permitted to work overtime except as the Department Director or designee authorizes or directs. No employee may work overtime without receiving prior approval from the appropriate supervisor prior to performing the work. Working overtime without advance approval is grounds for discipline.

Employees eligible to receive overtime compensation, as determined under the provisions of the Fair Labor Standards Act (FLSA), shall receive overtime for work performed over forty (40) hours per workweek at 1.5 times the employee’s regular rate of pay. All hours paid shall be counted toward the forty (40) hour threshold for purposes of determining if an employee is entitled to receive overtime compensation.

For purposes of computing overtime, the regular workweek for an employee shall be a seven (7) day cycle as established by the Human Resources Director. All overtime entitlements shall be computed to the nearest tenth of an hour (6-minute increments).

Employees may request and, subject to approval of the Department Director or designee, receive compensatory time in lieu of overtime pay. The compensatory time accrual cap shall be one hundred twenty (120) hours. The compensatory time cap shall be maintained on a continuous, per pay period basis.

An employee’s eligibility to receive overtime compensation for services performed shall be determined in accordance with the FLSA. Those employees who are classified as “exempt” under the FLSA shall not be eligible to receive overtime.

4.03 Work Performed During Disaster
Overtime exempt employees who are required to work during a declared civil emergency shall not receive additional compensation for hours worked in excess of their regular workday or workweek. All employees shall have the duty and obligation to perform emergency work upon request of proper authority declaring such emergency.

4.04 Fiscal Year 2025-2026 Furlough Obligation
A. Executive Classification Furlough
Between November 3, 2025, and June 28, 2026, all executive classifications except for the Police Chief, will take the approximate equivalent of a four percent (4%) reduction in annual salary costs through a furlough obligation. The approximate equivalent is eighty-three and two-tenths (83.2) furlough hours.

Furlough Hours
An employee required to furlough will be allowed to meet their furlough obligation through time off of their choosing, provided the requests for time off are approved in advance by the employee’s supervisor. Supervisors will be encouraged to approve the use of such requests unless operational necessity precludes approval.

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Employees must first meet their furlough obligation prior to taking accrued vacation or compensatory time off.

An employee must submit their request for the use of floating furlough hours in accordance with their regular time-off request practice. Furlough hours must be taken within fiscal year 2025-2026, no later than the pay period ending June 28, 2026. Absent such a timely request, the employee’s supervisor can unilaterally schedule the furlough hours to be taken by the employee.

In the event of a dispute regarding the approval of furlough hours, their supervisor shall forward the reason for denial to the City Manager for review, whose decision shall be final.

Furlough Payback
In order to mitigate the financial impact of the Furlough Program on employees, employees will spread the payback of the furlough obligation over the remaining 17 pay periods in FY 2025-26 between November 3, 2025, and June 28, 2026. The furlough obligation spread over FY 2025-26 shall have four and eighty-nine hundredths (4.89) hours of paid time deducted from each full-time employees’ paycheck beginning the pay period including November 3, 2025, and ending with the pay period including June 28, 2026.

Any employee who leaves City employment prior to completely reimbursing the City for the furlough hours taken will have any remaining prorated balance of owed furlough payback hours deducted from their final paycheck.

Exceptions to Furlough Obligation
Any new employees or employees returning from an unpaid status will have a furlough obligation based on the number of pay periods remaining in FY 2025-26. Any employee paid under Workers’ Compensation will not be expected to participate in the Furlough Program until they have returned to work. At that time, a determination will be made to calculate the employee’s furlough obligation on a pro-rated basis, based on the number of pay periods remaining in the furlough payback period.

5.00 BENEFIT PLANS

5.01 Medical Insurance
The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program Attachment III

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shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.”

The City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.

Because CalPERS may change carriers and plans, the City shall not be required to provide specific insurance coverage and shall only be required to provide those benefits as described in this Section so long as the City contracts for benefits with CalPERS for medical insurance benefits.

The City will provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to any contribution provided to an active employee under this Section.

5.02 Flexible Benefits Allowance
The City shall continue to provide a Flexible Benefit Allowance (125 Plan) for each full- time employee in regular or probationary status who is enrolled in one of the CalPERS medical insurance plans offered by the City.

Effective January 1, 2019, the allowance provided shall be equal to eighty percent (80%) for eligible Executives and ninety percent (90%) for eligible Exempt and Non- Exempt employees of the premium cost for health insurance coverage based on the employee’s plan selection and participation level (e.g., Employee only coverage, Employee + 1 coverage, or Employee + 2 coverage), less the amount of any contribution provided under Section 5.01, Medical Insurance, of this Resolution.

For Executives, the City’s maximum contribution shall not exceed the cost of eighty percent (80%) of the premium for the second most expensive benefit plan as determined by the employee’s participation level, less the City’s contribution towards medical benefits under PEMHCA. For Exempt and Non-Exempt employees, the City’s maximum contribution shall not exceed the cost of ninety percent (90%) of the premium for the Kaiser benefit plan as determined by the employee’s participation level, less the City’s contribution towards medical benefits under PEMHCA. In no event shall the sum of the City’s contributions pursuant to the provisions of this Section and Section 5.01, Medical Insurance of this Resolution exceed eighty percent (80%) for Executives and ninety percent (90%) for Exempt and Non-Exempt employees of the premium cost for the CalPERS medical insurance plan in which the employee is enrolled.

The City shall continue to provide flexible benefit allowances as provided in this Section unless amended or repealed by the City Council.

Contributions to an employee’s 125 Plan account shall be used only for payment of those benefits that are available through the City’s 125 Plan. The City will not treat any contributions made to the 125 Plan as compensation subject to income tax withholding unless the Internal Revenue Service (IRS) and/or California Franchise Tax Attachment III

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Board (FTB) indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state, or local tax liability of the employee that may arise out of the implementation of this Section or any penalty that may be imposed therefore.

Each employee shall file an election in writing during the month of open enrollment for medical insurance each year as to how the monies in the employee’s 125 Plan account are to be expended during the ensuing year. Thereafter, no changes to designations so made shall be allowed until the enrollment of the following year, except for changes due to an eligible qualifying event.

Each employee shall be responsible for providing immediate written notice to the Director of Human Resources or designee of any change to the number of the employee’s dependents, which affects the amount of the City's payment to the 125 Plan account. An employee who, by reason of failing to report a change in dependents, receives a City payment greater than the amount to which the employee is entitled shall be liable for refunding the excess amounts received via a reduction in the amount paid to the employee's 125 Plan account in subsequent months. Changes to flexible benefit contributions associated with changes in an employee's number of dependents shall take effect at the start of the first (1st) pay period in the month following the month in which notice of the change is received by the Human Resources Department. No retroactive increases to the flexible benefit allowance provided by the City shall be allowed.

5.03 Federal or State Health Plan
If, pursuant to any federal or state law which may become effective subsequent to the effective date of this Resolution, the City is required to pay contributions or taxes for hospital, medical, dental care, prescription drug, or other health benefits to be provided to employees under such federal or state act, the City's obligation to furnish the same benefits under the Hospital Medical-Surgical-Dental Care and Prescription Drug Plans shall be suspended, and the contributions agreed to be paid monthly hereunder by the City under Sections 5.01, Medical Insurance, 5.02, Flexible Benefits Allowance, and

5.05, Supplemental Retirement Benefit, of this Resolution shall be reduced each month by the amounts the City is required to expend during any such month in the form of contributions or taxes to support said federal or state health plan.

If, as a result of such a law, the level of benefits provided by such law for any group of employees or their dependents is lower in certain categories of services than that provided under Sections 5.01, 5.02, and 5.05, the City shall, to the extent practicable, provide a plan of benefits supplementary to the federal or state benefits so as to make benefits in each category of coverage as nearly comparable as possible to the benefits provided under said Sections 5.01, 5.02, and 5.05. The City need only expend for this purpose the actual amount required to achieve parity between the benefits provided under Sections 5.01, 5.02, and 5.05 and the benefits provided under any federal or state plan as supplemented in the manner hereinabove described.

If the benefits provided under the federal or state act exceed the benefits provided hereunder in each category of coverage, the City shall be under no further obligation to make any contribution in pursuance of this Section. In the event that the federal or Attachment III

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state government enacts a health care program requiring contributions by employees, the City shall reimburse employees for such contributions in the amount by which said employee contribution reduces the City contribution required by the terms of this Resolution.

5.04 Alternate Benefits
A. An alternate benefit in the form of a cash payment is available to those full- time employees in regular or probationary status who: (1) elect to opt-out of receiving City contributions under Section 5.01, Medical Insurance, and 5.02, Flexible Benefits Allowance, and (2) provide proof of medical insurance coverage from a plan other than a City-sponsored plan.

Any cash payments provided under this Section shall be reported to the IRS and the FTB as compensation subject to income tax withholding. Each employee shall be solely and personally responsible for any tax liability that may arise out of the implementation of the alternate benefits. The amount of alternate benefit provided to an employee is based on the level of insurance coverage that the employee could have received if the employee had enrolled in a City-sponsored health insurance plan, as follows:

Employee only – Three hundred and ten dollars ($310.00) per month Employee and one (1) dependent – Four hundred and eighty dollars ($480.00) per month
Employee and two plus (2+) dependents – Six hundred dollars ($600.00) per month
B. A full-time employee who does not receive a City contribution under Section

5.01, Medical Insurance, and 5.02, Flexible Benefits Allowance, and who is enrolled in a City-sponsored health insurance plan as the dependent of another City employee may be eligible to receive an alternate benefit as provided in this Subsection. If the cost to the City of providing an employee with benefits as the dependent of another is less than the cost of enrolling the employee separately in a City-sponsored health insurance plan, then the individual enrolled as a dependent may receive an alternate benefit. The amount of any alternate benefit shall be equal to the amount of savings to the City for enrollment of the employee as a dependent, up to a maximum alternate benefit of one hundred and fifty dollars ($150.00) per month.

The following examples illustrate how alternate benefits will be provided to employees who are enrolled as a dependent in a City-sponsored health insurance plan. For purpose of these examples, assume the following amounts as the City’s total costs towards providing benefits under Section

5.01, Medical Insurance, and 5.02, Flexible Benefits Allowance:

Employee only - total cost of five hundred dollars ($500.00) per month

Employee and one (1) dependent – total cost of one thousand dollars ($1,000.00) per month
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Employee and two (2) or more dependents – total cost of fourteen hundred dollars ($1,400.00) per month

Example 1. Employee A and B are spouses who both work for the City of Hayward. Employee A participates in City-sponsored health insurance at the Employee plus 1 level (City cost of one thousand dollars ($1,000.00) per month), with Employee B enrolled as Employee A’s one dependent. If each employee was to participate in a City-sponsored plan as individual employees, then the City’s cost would be five hundred dollars ($500.00) per month for each employee (or a total of one thousand dollars ($1,000.00) per month for two people, each enrolled individually at the employee only level).

Since there is no cost savings to the City for enrolling Employee B as a dependent of Employee A, and vice-versa, then neither employee is eligible to receive an alternate benefit.

Example 2. Employee A and B are spouses who both work for the City of Hayward. They have one child. Employee A participates in City-sponsored health insurance at the Employee +2 or more level (City cost of one thousand four hundred dollars ($1,400.00) per month), with Employee B and the child enrolled as Employee A’s dependents. If Employee B was to enroll in a City sponsored plan individually (City cost of five hundred dollars ($500.00)), and Employee A’s participation was modified to the Employee +1 (City cost of one thousand dollars ($1,000.00)), the City’s total cost for providing benefits to both employees would increase from one thousand four hundred dollars ($1,400.00) to one thousand five hundred dollars ($1,500.00) per month.

Since the City realizes a one hundred dollars ($100.00) savings per month due to Employee B’s enrollment as a dependent of Employee A, Employee B is eligible to receive an alternate benefit. The amount of this alternate benefit will be one hundred dollars ($100.00) per month.

Example 3. Employee A and B are spouses who both work for the City of Hayward. They have two children. Employee A participates in City- sponsored health insurance at the Employee + 2 or more level (City cost of one thousand four hundred dollars ($1,400.00) per month), with Employee B and the two children enrolled as Employee A’s dependents. If Employee B was to enroll in a City sponsored plan individually (City cost of five hundred dollars ($500.00)), and Employee A continued to participate in Employee +2 or more benefits with the two children as dependents (City cost of one thousand four hundred dollars ($1,400.00), the City’s costs for providing benefits to both employees would increase from one thousand four hundred dollars ($1,400.00) to one thousand nine hundred dollars ($1,900.00) per month. Since the City realizes a five hundred dollars ($500.00) savings per month due to Employee B’s enrollment as a dependent of Employee A, Employee B is eligible to receive an alternate benefit. The amount of this alternate benefit will be one hundred fifty dollars ($150.00) per month (the maximum alternate benefit available to employees enrolled as dependents of another employee).

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C. Enrollment in alternate benefits must be elected each year during open enrollment. Benefit eligibility and alternate benefit amounts may vary from year to year depending on plan premiums.

D. The provisions of this Section shall be administered in accordance with regulations issued by the City Manager or designee which shall include, but not be limited to, the method and frequency of reimbursement to employees for the alternate benefits program(s) selected, the frequency with which employees may exercise the option to change alternate benefits programs, and appropriate procedures for the verification of payments made in pursuance of this Section.

5.05 Supplemental Retirement Benefit
Employees who retire from the City are eligible to receive a supplement retirement benefit. This benefit shall be equal to two hundred thirty-seven dollars and thirty-one cents ($237.31), less the amount provided for under Section 5.01, Medical Insurance, above. This supplemental benefit is provided in the form of a monthly cash payment to the retiree. To receive this benefit, the employee must begin receiving pension benefits within one hundred twenty (120) days of leaving City employment. Retirees are solely responsible for any tax consequences associated with the receipt of benefits under this Section.

5.06 Dental Insurance
The City shall contribute towards dental insurance coverage for full-time employees, other than temporary and provisional employees, and their eligible dependents as provided in this Section.

The City’s contribution on behalf of an eligible employee participating in a City- sponsored dental plan shall be equal to eighty percent (80%) of the monthly premium for dental insurance, as determined by the employee’s enrolled participation level in the City sponsored dental plan. Employees enrolled in dental insurance are required to contribute the remaining twenty percent (20%) of the premium costs for dental insurance coverage.

Monthly premium rates are established on a calendar year basis by the insurance provider, or in the case of a self-funded plan, by a third-party examining plan utilization review, market trends, overall plan costs, and any other industry standard metrics deemed necessary by the third party.

Currently, the City provides insurance coverage through a Delta Dental plan or United Concordia plan. Details regarding benefits and covered services for each plan may be found in the current Delta Dental or United Concordia benefits summaries for the City of Hayward respectively.

The City reserves the right to provide dental care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing dental care benefits for employees or through a program of self-insurance. In the event Attachment III

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the City exercises this option, the alternate coverage shall be substantially equivalent to the coverage in effect when a change in carriers takes effect.

5.07 Life Insurance
The City shall pay the cost of providing each employee with a group term life insurance policy equivalent to the employee's annual gross salary. The policy shall include accidental death and dismemberment coverage and the right to conversion at the time of termination of employment to a form of permanent coverage without medical restrictions and without the requirement to demonstrate evidence of insurability.

5.08 Disability Insurance
The City shall continue in effect, at no cost to the employee, the Short Term/Long Term Disability Insurance policy with Lincoln Financial; or any other such successor program which provides benefits comparable to those available under the Lincoln Financial policy. This program shall provide short-term disability benefits based upon two-thirds (2/3) of an employee's current gross salary, up to two thousand seven hundred sixty nine dollars ($2,769.00)/week, after a fourteen (14) day waiting period. Beginning in the fourth month, the long-term disability plan shall provide benefits based upon two- thirds (2/3) of an employee’s current gross salary, up to twelve thousand dollars ($12,000.00)/month.

5.09 Vision Care
The City shall contribute towards vision care insurance for full-time employees and their eligible dependents. Currently, the City provides vision insurance coverage through VSP under a plan that provides for a fifteen dollars ($15.00) deductible, an eye examination, and lenses and frames once per year.

For eligible employees who enroll in a City sponsored vision plan, the cost of the monthly premium shall be shared equally (50/50) between the employee and the City.

Monthly premium rates are established on a calendar year basis by the insurance provider, or in the case of a self-funded plan, by a third-party examining plan utilization review, market trends, overall plan costs, and any other industry standard metrics deemed necessary by the third party.

The City reserves the right to provide vision care benefits under a self-funded plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing vision care benefits for employees, or through a program of self- insurance. In the event the City exercises its option to move to a self-funded plan or to change insurance carriers, any new benefit plan shall provide coverage that is substantially equivalent to the coverage available at the time this option is exercised.

5.10 Benefits for Domestic Partners
The City agrees to provide medical, dental, and vision plan insurance coverage to registered domestic partners of City employees as defined under PEMHCA who are Attachment III

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otherwise without such benefit coverage and who register accordingly with the Secretary of State as prescribed by CalPERS.

5.11 Medical, Dental, Vision, Flexible and Alternate Benefits for Certain Part-Time Employees
Employees who are hired in a part-time status and full-time employees who voluntarily assume part-time status shall be entitled to participate in group medical, dental, and vision insurance programs, and to receive a payment from the City to be applied to such plans subject to the following conditions:

1. Except as provided in paragraph 2 below, only those employees hired into positions budgeted for twenty (20) or more hours per week and who consistently work twenty (20) or more hours per week shall be entitled to coverage under group medical and dental plans.

2. The City's contributions towards medical insurance for part-time employees who are eligible to participate in a CalPERS health insurance plan as an “employee” shall be equal to the contribution provided to full-time employees in Section 5.01, Medical Insurance.

3. The City will provide those part-time employees who regularly work more than twenty (20) hours per week (at least a 0.5 full-time equivalent (FTE) with a flexible benefit allowance. The amount of any allowance provided shall be determined in accordance with the formulas contained in Section 5.02, Flexible Benefits Allowance, except that the sum of the contribution provided to a part- time employee who works more than twenty (20) hours per week under Section

5.01, Medical Insurance, plus the amount provided as a flexible benefit allowance shall be based on the total number of hours worked each month by the part-time employee.

For new employees, the City contribution for medical insurance shall be based upon the employee's estimated work schedule during the first (1 st) month of coverage. Thereafter, the actual number of hours worked by the employee each month shall be used to determine the amount of City contribution toward medical insurance premiums in the following month. However, the amount provided shall never be less than the amount required by applicable government codes.

4. The City's payment for dental insurance shall be proportionate to the amounts paid on behalf of full-time employees as specified in Section 5.06, Dental Insurance, of this Resolution. The calculation of proportionate payments shall be in accordance with the provisions of paragraph 3 of this Section.

5. The City's payment for vision insurance shall be proportionate to the amounts paid on behalf of full-time employees as specified in Section 5.09, Vision Care, of this Resolution. The calculation of proportionate payments shall be in accordance with the provisions of paragraph 3 of this Section.

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6. The City's payment for alternate benefits shall be based upon scheduled hours of work and shall be proportionate to the amounts paid on behalf of full-time employees as specified in Section 5.04, Alternate Benefits, of this Resolution.

The calculation of proportionate payments shall be based upon the hours budgeted for the position.

As an exception to the foregoing, those employees who assume part-time status as a result of a City imposed reduction in hours will continue to receive City payment of medical, dental, and vision insurance premiums and will continue to participate in the 125 Plan on the same basis as for full-time employees.

5.12 Deferred Compensation Plan
A Deferred Compensation Plan has been established for the benefit of City employees.

Employees may contribute to the Plan as provided by the Plan terms.

Except for those changes which are necessary or desirable to obtain or maintain the favorable tax status of the plan, any changes in the written plan document governing the implementation and administration of the Deferred Compensation Plan adopted by the Hayward City Council on May 12, 1981, with respect to termination or modification of the plan will be jointly decided upon by the Administrative Committee as defined in Section 13.00 of the plan document.

5.13 Defined Benefit Retirement Program
The City will continue to contract with CalPERS to provide a retirement program for employees. Benefits shall include:

1. CalPERS Retirement Benefit Formula:
a.b. Classic Members: 2.5% at 55
b.c. New Members: 2.0% at 62

2. Fourth Level of 1959 Survivor's Benefits

3. One (1) Year Final Compensation

4. Military Service Credit as Public Service

5. Continuation of Pre-Retirement Death Benefit after Remarriage of Survivor.

6. Five hundred dollar ($500.00) Retired Death Benefit

7. Two percent (2%) Annual Cost-of-Living Allowance Increase

These benefit plans require an employee contribution of eight percent (8%).

Employees shall pay the full employee contribution of eight percent (8%), which shall be paid by the employee on a pre-tax basis in accordance with the IRS Section 414(h)(2) method of reporting retirement payments.

An employee, who is not eligible for enrollment in CalPERS and who, in accordance with the federal Omnibus Budget Reconciliation Act of 1990, is required to be Attachment III

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covered by Social Security or an alternate system, shall be enrolled in the Public Agency Retirement System (PARS). The City shall contribute three and three- fourths percent (3.75%) of covered earnings into the employee's PARS account.

5.14 Car Allowances and Mileage Reimbursement
Except as specifically provided under the terms of an employment agreement, employees are not eligible to receive a vehicle allowance. Employees who are required to drive their personal vehicles for City business will be reimbursed for actual miles driven at the rate established by the IRS.

5.15 Additional Employee CalPERS Contributions

Effective the pay period including July 1, 2017, Exempt and Non-Exempt employees shall contribute a total of three percent (3%) of their salaries to CalPERS as payment of the City’s employer contributions that the City would otherwise be required to pay to CalPERS for these employees (employer-cost share).

Effective the pay period including July 1, 2017, Executive employees shall contribute a total of five percent (5%) of their salaries to CalPERS as payment of the City’s employer contributions that the City would otherwise be required to pay to CalPERS for these employees (employer-cost share).

5.16 Health and Wellness Reimbursement
The City will reimburse full-time Exempt and Non-Exempt employees a maximum of up to six hundred dollars ($600.00) annually and Executive employees a maximum of up to one thousand and two hundred dollars ($1,200.00) annually for expenses associated with health and wellness equipment or programs to support the employee’s health and wellness.

This reimbursement may be used for fees associated with gym or health club memberships, fitness classes (such as yoga, Zumba, or similar), personal trainers, weight loss programs (such as Weight Watchers, Jenny Craig, or similar), and fitness equipment such as (treadmills, stationary cycles, bike stands (to convert a road bike to a stationary cycle), non-motorized bicycles (excluding any road bicycles or scooters that have motors or batteries), full-body strength training equipment, in-house fitness systems, stair climbing machines, elliptical machines, rowing machines, cross-country ski machines, weights, gloves, or exercise mats (or similar), wearable fitness trackers (such as Fitbit etc.), associated parts for equipment previously reimbursed by the City under this provision, or other health and wellness related expenses. Employees may not seek reimbursement for apparel, sneakers, or recreational equipment under this program.

Reimbursement of Recurring Fees and Expenses . The City will reimburse full-time Exempt or Non-Exempt employees up to fifty dollars ($50.00) and full-time Executive employees up to one-hundred dollars ($100.00) per month for expenses associated with health and wellness programs.

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Requests for reimbursement of monthly fees for health and wellness related expenses must be submitted in writing and accompanied by receipts and proof of monthly membership within forty-five (45) days of the most recent monthly payment made by the employee. Following receipt and approval of the employee’s request, the employee shall receive the health and wellness reimbursement on a monthly basis until the employee indicates they have cancelled the monthly health and wellness related payments. The employee will be expected to inform the City in a timely manner that they have ceased making recurring monthly payments for health and wellness related expenses. Timely notice under this Section shall mean no more than thirty (30) days from when the employee cancels their recurring monthly health and wellness related fees.

Although participants may not be required to produce monthly receipts for health and wellness payments made on a recurring monthly basis, the City, at the discretion of the Human Resources Director or designee, may at any time request receipts to verify monthly payments have been continuous and the participating employee remains eligible to receive the health and wellness benefit in accordance with this Section of the Resolution.

Reimbursement of Non-Recurring Fees and Expenses . For non-recurring health and wellness expenses, the City will reimburse Exempt and Non-Exempt full-time employees up to six hundred dollars ($600.00) and Executive full-time employees up to one thousand two hundred dollars ($1,200.00) for purchases made during that fiscal year. Requests for reimbursement of non-recurring health and wellness related expenses must be submitted in writing and accompanied by receipts and proof of purchase within forty-five (45) days of the date of the receipt. Purchases made through June 30 of a fiscal year shall be deducted from an employee’s available health and wellness funds for that fiscal year.

Expenses reimbursed under this program are subject to the approval of the Director of Human Resources and the City Manager.

The City’s decision to reimburse is final and not subject to dispute.

The Health and Wellness benefit provided by the City of Hayward is subject to the Internal Revenue Service IRC Section 106.

5.17 Professional Development Reimbursement
The City agrees to reimburse all employees except for the classification of Chief Economic Development Officer and Executive classifications for professional development. This reimbursement may be for career development resources such as attendance at conferences, training courses, software, the purchase of books, subscriptions to professional journals or magazines, computers and electronic devices, dues to professional organizations, applications or examination fees associated with registration or certification, and other expenses related to professional development including research and training.

Prior to incurring any expense from the professional development fund, employees shall submit a request in writing to the Human Resources Department for preliminary Attachment III

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review. Expenses reimbursed under this program are subject to the approval of the Director of Human Resources or designee and final approval of the City Manager or designee.

The City will reimburse Unrepresented Exempt and Non-Exempt employees up to five- hundred dollars ($500.00) for approved purchases made during that fiscal year. All receipts for reimbursement, regardless of aggregate value, must be submitted no later than June 1 of each fiscal year.

5.18 Educational Reimbursement
During the course of this Salary and Benefits Resolution the City shall maintain a fund to provide resources for management employees to pursue educational opportunities and enhancements. Initial funding shall be five thousand dollars ($5,000.00) per fiscal year. At the end of each fiscal year of this Salary and Benefits Resolution the City shall review the educational reimbursement account to determine if the current funding is adequate. In the event funding for the account is not adequate, the City shall meet with the employees covered under this Salary and Benefits Resolution to discuss funding adjustments.

A. Eligibility

1. Any full-time, permanent employee with at least three (3) months of service may apply. Employees in a temporary, provisional, or part- time status are not eligible.

B. Required Qualifications
Employees may request reimbursement for:

1. Attendance at a school of recognized educational standing, including correspondence schools.

2. Subjects and/or professional licenses must relate directly to the employee’s present job or to a reasonably predictable future job with the City.

3. Other expenses may be considered as they directly apply to educational reimbursement, including but not limited to required textbooks, lab materials, and certification fees.

C. Procedures

1. Prior to enrolling in a class or otherwise incurring an expense from the educational reimbursement fund, the employee shall submit a completed Application for Educational Reimbursement to the Human Resources Department for preliminary review. The Human Resources Department will review the application and notify the employee’s immediate supervisor and/or the affected Department Director as necessary. The Human Resources Department shall then inform the employee if the employee’s application for reimbursement is approved or denied. If denied, the Director of Human Resources or designee shall provide the rationale in writing to the employee within Attachment III

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seven (7) days. Appeals of denials of educational reimbursement under this Section may be made to the City Manager or designee.

2. If employees are required to engage in study of subjects that are required for the position, and are so directed by the City, the entire tuition, and other specifically approved expenses, will be considered training and development and paid by the department rather than covered under this Section.

A maximum of one thousand dollars ($1,000.00) will be available to an employee applying for reimbursement each fiscal year for the remainder of the term of this Salary and Benefits Resolution. Such reimbursement is available only through the Human Resources Department, and as outlined in Administrative Rule 2.5 which may be periodically revised.

5.19 Personal Equipment Stipend
The City agrees to provide a stipend to all Executive classifications and the Chief Economic Development Officer classification for the use of personal equipment in the performance of their work. This stipend may be used at the discretion of the employee to offset costs associated with the use of personal equipment which includes but is not limited to cell phones, computers and electronic devices, and other expenses related to connectivity.

Executive employees shall receive this stipend as a one-time lump-sum payment of $4,200 annually or in installments of three-hundred and fifty dollars ($350.00) per month paid equally over twenty-six (26) pay periods.

5.20 Cellular Phone Stipend
Effective July 1, 2018, All employees except the Chief Economic Development Officer and Executive classifications shall receive a cellular phone stipend of one-hundred dollars ($100.00) per month in equal installments over twenty-six (26) pay periods.

6.00 SALARY ADMINISTRATION

6.01 Salary Administration Policy
The policy governing preparation of a compensation plan shall be that of salary standardization.

6.02 Salary at Time of Employment
The plan may provide a flat salary rate or a salary range for each classification with a minimum, maximum, and one or more intermediate steps. The beginning or normal hiring rate shall usually be at the first step of the range. Every new employee shall be paid the first step upon employment, except that the City Manager or designee may authorize employment at a higher step if the labor supply is restricted or the person to be hired is unusually well qualified.

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6.03 Eligibility for Advancement in Pay
Non-executive employees may be advanced to higher steps as merited by progressive improvement in job skills and work performance. The following time-in-step requirements shall normally apply for an employee to be eligible for advancement in pay.

Step Time-in-Step

A t o B ........... Six (6) months
B t o C ............ Six (6) months
C t o D ............ One (1) year
D t o E ............ One and one-half (1.5) years

If warranted for the good of the service or when an employee demonstrates outstanding capacity in performing job duties, advancement may be made prior to completion of the above time-in-step requirements. If the first day of the time-in-step period begins in the first five (5) days of the payroll period, then begin time in step with the start of the payroll period. If not, then time shall begin on the first day of the next payroll period. Advancement in pay, when approved, shall be effective at the beginning of the first pay period immediately following completion of the time-in-step requirements outlined above. If an employee is on leave without pay for more than one (1) month, the period shall be deducted from the employee's accumulated time- in-step.

The City Manager or designee shall review the performance of Executive level employees annually, and advancement in pay is based solely on satisfactory performance. If warranted for the good of the service or when an employee demonstrates outstanding capacity in performing job duties, advancement may be made at the sole discretion of the City Manager or designee. Moreover, beginning in April 2018 and every two years thereafter, a total compensation salary survey of all Executive positions shall be conducted. If a position is below market average, the City Manager may recommend a salary adjustment up to a maximum of the market average. This provision does not prevent a salary survey or subsequent adjustment in circumstances where there is difficulty recruiting or to maintain internal equity.

6.04 Attaining Advancement
An employee must demonstrate that advancement is merited based on job performance. Advancement shall not be made solely because an employee is eligible according to time-in-step requirements. Good attitude and personal conduct, work accomplished, conscientious attendance, safety alertness, efforts at self-improvement, and other factors of individual achievement must be evident as appropriate to the position.

6.05 Use of Performance Ratings in Determining Whether Step Advancement is Merited
Performance ratings shall guide supervisors and Department Directors in determining whether step advancements have been earned and should be recommended to the City Manager or designee.

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6.06 Withholding Step Advancements
The Department Director or designee has the authority and responsibility to recommend withholding step advancements by the City Manager if they are not merited. The Department Director or designee shall keep their employees informed about their job performance, giving good work its proper recognition and any deficient work all possible guidance and assistance toward improvement. Department Directors or their designee shall notify the employee as to the reasons for withholding step advancements prior to submitting such recommendation to the City Manager.

6.07 Change in Pay Upon Promotion
When employees are promoted, they shall normally receive the first step in the salary range for their new position. However, if such step is equal to or less than their present salary or they would be eligible for step advancement shortly in their previous position, they may be placed into the next step in the salary range of the new position which is close to five percent (5%) above their present salary. When no advancement in salary is granted on promotion, employees may be allowed to carry forward time-in-step accumulation. As an exception, if the employee has acted in the job class or received special assignment pay for the performance of duties related to the classification to which employee is being promoted, the City Manager or designee may approve appointment at a higher step.

6.08 Change in Pay Upon Demotion
When an employee is demoted, whether voluntarily or otherwise, the employee’s compensation shall be adjusted to the salary prescribed for the class to which the employee is demoted. The employee will be placed in a salary step in the demoted classification that is the same as or above the step held prior to demotion provided said demotion is not the result of disciplinary action. If the demotion is a result of disciplinary action, the specific salary step shall be determined by the City Manager or designee, whose decision shall be final. However, if the employee had prior service in the demoted position, the employee’s step on the salary schedule for the demoted position shall not be set at a step that is lower than the step previously held by the employee in that position before the employee’s promotion.

6.09 Change in Pay Upon Reclassification
When a position is reallocated to a classification with a higher pay range and the incumbent employee retains the position, the employee shall normally be placed at the first step in the new range. If no increase in pay results, advancement may be made to the next step immediately above the present salary. When recommended by the Department Director or designee and approved by the City Manager, additional advancement may be granted. If no change in salary is granted, the employee may be allowed to carry forward time-in-step accumulation.

When a position is reallocated to a classification with a lower salary range, the incumbent employee’s pay shall not be reduced while the employee continues to occupy the position. If the employee's current rate is below the maximum step of the new range, the employee shall continue at the present salary and carry forward time- Attachment III

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in-step accumulation. If the employee's current rate exceeds the maximum step of the new range, the employee’s salary shall be frozen at its current level. When the incumbent leaves the position, a replacement shall normally be hired at the beginning rate.

6.10 Acting Pay
Employees may be assigned to perform the duties of a higher classification on an "acting" basis when, in the judgment of the Department Director or designee, a need exists for work to be performed in such higher classification.

"Acting" assignments shall only be made by the Department Director or designee, and the employee shall be provided with a written notice assigning the employee to the higher classification on an "acting" basis.

Employees assigned in accordance with the foregoing to perform the duties of a higher classification on an "acting" basis for a period of five (5) consecutive days or more shall receive "acting" pay retroactive to the first day of such assignment.

Employees qualifying for "acting" pay shall receive the salary step of the higher classification which represents an increase over the employees’ present salary step.

If the closest step in the “acting” classification is not equal to at least a five percent (5%) increase over the employee's present salary step, the employee shall receive “acting” pay equal to five percent (5%) above the employee’s current pay step, except that the total rate paid (base salary plus any percentage increase) for work performed in “acting” assignment shall not exceed the top step of the salary range for the higher class.

6.11 Bilingual Pay
Employees who are required, in the performance of their duties, to converse with the public in a language other than English and who have demonstrated their competency through a language fluency test administered through the Human Resources Department shall receive bilingual pay in the amount of thirty dollars ($30.00) per pay period.

Employees who are required in the performance of their duties to communicate in writing and/or translate official written documents in a language other than English and who have demonstrated their competency in a second language through a written fluency test administered by the Human Resources Department shall receive an additional seventy dollars ($70.00) of bilingual pay, for a total of one-hundred dollars ($100.00) per pay period.

No more than once every twenty-four (24) months, the City Manager or designee may require an employee receiving bilingual pay to demonstrate continued competency in a second language as a condition of continuing to receive pay under this Section.

Employees who do not demonstrate continued competency will cease receiving bilingual pay until such time as competency is again demonstrated.

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6.12 Special Assignment Positions
Special assignment positions within a classification may be established where duties and responsibilities are of a specialized nature by comparison to other positions in the class. Selection of employees to said positions and removal therefrom shall be made by the City Manager or designee. An employee so assigned shall receive a salary increment not to exceed ten percent (10%) of the employee's present salary.

6.13 Salaries
All classifications determined to be three percent (3.0%) or more below the total compensation median for the jurisdictions surveyed as part of the equity studies shall receive a one-time equity adjustment that brings them to the total compensation median. This adjustment shall go into effect the pay period including July 1, 2024.

The Positions and Salaries Resolution shall provide for the salary ranges for the classifications of employment listed in Appendix A.

6.14 “Y-Rated” Salaries
Employees whose classifications are affected by the recalibration of the salary schedule shall be y-rated at their current step until they are advanced to the next step in the range in accordance with applicable provisions of this Resolution. Upon advancement, employees will advance into the adjusted salary schedule listed in Appendix A.

6.15 Salary Adjustments
Cost-of-Living (COLA) adjustments shall be made as follows:

Executives Exempt/Non-Exempt

Four percent (4%) effective the pay
period that includes October 1, 2024

Four percent (4%) effective the pay
period including July 1, 2025.

Four percent (4%) effective the pay
period including July 1, 2026.

Five percent (5%)
effective the pay period
including October 1, 2024.

Four percent (4%) effective the pay
period including July 1, 2025.

Three percent (3%) effective the pay
period including July 1, 2026.

6.16 Salary Survey
A total compensation equity study for all Unrepresented classifications shall be completed no later than December 1, 2026.

The following jurisdictions will be included in the survey: City of Alameda, City of Berkeley, City of Daly City, City of Fremont, City of Palo Alto, City of Redwood City, City of Sunnyvale, City of San Leandro, City of Santa Clara, and City of San Mateo.

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The salary survey shall include the monthly base salary and all employee costs paid by the respective agencies. Employee costs include, but are not limited to, employer contributions to medical, dental, vision, and life insurance, as well as long-term disability, short-term disability, deferred compensation, retirement contributions, and phone, car, and uniform allowances.

The bidding and selection process for a survey provider will begin in approximately February 2026.

6.17 Longevity Pay
For purposes of this section only, and unless otherwise specified for Police Chief and Fire Chief all Unrepresented classifications except for Executive classifications are eligible for longevity pay with the City that is contiguous to an employee’s most recent hire date by the City shall be considered for the purpose of calculating continuous service and eligibility for longevity pay.

An employee with fifteen (15) or more years of continuous service with the City shall receive longevity pay of two and a half percent (2.5%) above their base salary.

An employee with twenty (20) or more years of continuous service with the City shall receive additional longevity pay of two and a half percent (2.5%) for a total of five percent (5.0%) above their base salary.

An employee with twenty-five (25) or more years of continuous service with the City shall receive additional longevity pay of two and a half percent (2.5%) for a total of seven- and one-half percent (7.5%) above their base salary.

In no case shall an employee receive more than a total of seven- and one-half percent (7.5%) above their base salary on account of longevity pay.

This benefit shall be implemented effective the pay period including July 1, 2024, for all then-current bargaining unit employees who meet the above years of service thresholds. Going forward, longevity pay shall be implemented the first full pay period following the employee’s anniversary date that triggers eligibility for such pay.

Longevity pay shall be payable on employees’ regular paychecks.

This Longevity Pay shall be reported to CalPERS as Longevity Pay Incentive Pay. The Parties acknowledge that CalPERS makes all final determinations as to the pensionability of any differential pay.

7.00 HOLIDAYS

7.01 Holidays Observed by the City
The following days shall be holidays for all employees:

 New Year's Day (January 1)
 Martin Luther King Day (third Monday in January)
 Lincoln's Birthday (February 12)
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 President's Day (third Monday in February)
 Memorial Day (last Monday in May)
 Juneteenth National Independence Day (June 19)
 Independence Day (July 4)
 Labor Day (first Monday in September)
 Admission Day (September 9)
 Indigenous Peoples’ Day (second Monday in October)
 Veteran's Day (November 11)
 Thanksgiving Day (fourth Thursday in November)
 Friday after Thanksgiving Day (Friday following fourth Thursday in  November)
 Christmas Eve Day (December 24)
 Christmas Day (December 25)
 New Year’s Eve (December 31, second half of workday / 4 hours)

If any of said holidays fall on a Sunday, the following Monday shall be observed as a holiday. If a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. If a holiday falls on an employee's regular day off, or if an employee is scheduled or assigned to work on a holiday, the employee shall be entitled to equivalent time off at a later date, and such time shall be credited to the employee's vacation leave. Scheduling or assignment of holiday work must be approved in advance by the City Manager or designee. The hours for which an employee receives holiday pay shall be based on the employee’s regularly scheduled work hours for the day on which the holiday is observed.

7.02 Holidays for Part-Time Employees
Part-time employees who are regularly scheduled to work twenty (20) or more hours per week shall be entitled to four (4) hours’ pay for each holiday observed for full-time employees. Eligible part-time employees shall receive one-half (1/2) hour of holiday leave with pay for each full hour of leave granted to full-time employees for the New Year's Eve holiday described in Section 7.01, Holidays Observed by the City, of this Resolution.

8.00 VACATIONS

8.01 Vacation Leave Policy
Vacation leave is a benefit and the use of same shall be approved by the City Manager or designee considering the desires and seniority of employees and, more particularly, the workload requirements of the department. Employees shall take vacation leave regularly each year and shall be encouraged to take vacation at least a full week at a time. To give effect to this policy and to realize the greatest benefit from vacation leave Attachment III

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for both employee and the City, limitations shall be placed upon the amount of unused vacation leave an employee is allowed to accumulate.

If an employee exhausts their vacation leave, the employee may apply for another eligible paid or unpaid leave (excluding sick leave) as provided for in this Resolution.

If vacation leave is approved and then it is determined that the employee does not have enough vacation leave available to cover the request and no other leave is requested, Payroll will deduct the excess time from another eligible paid leave balance.

No vacation leave accruals will be credited in advance. No vacation leave will be earned while on an unpaid leave.

If vacation leave is used to remain in a paid status while on approved leave under the Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) or Pregnancy Disability Leave Law (PDLL), the vacation hours used will run concurrently with the state and/or federal leave entitlement.

8.02 Vacation Accruals for Full-Time Employees
All full-time employees, other than temporary and provisional employees, shall accrue vacation leave benefits each payroll period based upon the number of regularly scheduled hours.

The vacation accrual schedule for employees who are budgeted at and work full-time is as follows:

Years of Service Per 80 Hr. Period Hourly Equivalent Annual Up to 5 yrs.................. 3.08 hrs................. 0.0385 hrs............... 80 hrs.

From 5 to 9 yrs........... 4.62 hrs................. 0.0578 hrs............... 120 hrs.

From 10 to 19 yrs....... 6.16 hrs................. 0.0770 hrs............... 160 hrs.

From 20 yrs................ 7.70 hrs................. 0.0963 hrs............... 200 hrs.

An employee will accrue at the next highest benefit level on the employee’s corresponding anniversary date. For purposes of crediting service time for vacation accruals, a former regular employee who is reinstated within one (1) year from the date of the employee’s date of separation shall receive credit for their prior service on a probationary and regular appointment. No service time on a temporary, provisional, or contracted appointment will be credited.

The increases in the vacation leave allowance shall be granted based on full-time, continuous service. An approved leave of absence shall not constitute a break in service for the purpose of this Section, but vacation leave shall not be earned during any period of unpaid absence.

As an exception to the foregoing, the City Manager or designee is authorized to place a new management employee at a position in the vacation schedule which recognizes that said employee has left a similar position with another employer where the employee had substantial vacation benefits.

Vacation leave shall continue to be earned during other authorized leaves with pay.

When a holiday falls during an employee's absence on vacation leave, it shall not be deducted from the employee’s accrued vacation leave.

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The maximum vacation accrual cap shall be twice the annual allowance plus forty (40) hours. The vacation accrual cap shall be maintained on a continuous per pay period basis. Exceptions may be permitted upon approval of the City Manager or designee.

In granting such exceptions, the City Manager or designee may specify a time within which such excess vacation leave must be used. It shall be the responsibility of each employee to ensure the full use of vacation leave credits received by scheduling the necessary time off each year.

During the term of this Resolution, employees may cash out up to (120) hours of accrued vacation and/or management leave each year in no more than two (2) payments, at the employee’s discretion, contingent on the employee using a minimum of eighty (80) hours paid vacation and/or management leave in the twelve (12) months preceding the submission of the request and having at least forty (40) hours of vacation and/or management leave remaining after the cash-out. This leave cash out must be consistent with Section 10.09, Management Leave, of this Resolution.

All requests for cash-out shall be submitted through Employee Self Service (ESS) by completing the Request for Management Leave/Vacation Leave Cash Out Form. Employees who intend to cash out leave shall submit an irrevocable request to do so in the calendar year preceding the year in which the cash-out is to be processed. Employees may specify the month(s) in which they wish to receive their cash out in the payment year but cannot split the payout into more than two (2) payments per calendar year. For example, if an employee wishes to cash out eighty (80) hours of leave in calendar year 2025, they must submit their irrevocable request to do so no later than December 31, 2024, and can specify that they wish to cash out forty (40) hours in March 2025 and forty (40) hours in September 2025 at the time of the request. Employees who fail to provide such notice will be paid out for the requested cash out as part of their final payment issued in the applicable calendar year. Payout will be applied to a single bi-weekly payroll, and employees will be responsible for all taxes associated with such payout.

Under no circumstances will an employee be permitted to cash out more than one- hundred twenty (120) hours of management leave or a combination of vacation and management leave each calendar year.

8.03 Vacation Accruals for Certain Part-Time Employees
Only those employees hired into positions budgeted for twenty (20) or more hours per week and who consistently work twenty (20) or more hours per week shall be eligible for vacation leave. Eligible part-time employees, other than temporary and provisional employees, shall accrue vacation leave benefits each payroll period based upon the number of hours the employee works. The hourly equivalent rates are as follows:

Years of Service Hourly Equivalent
Up to 5 yrs.................. 0.0385 hrs...............

From 5 to 9 yrs........... 0.0578 hrs...............

From 10 to 19 yrs....... 0.0770 hrs...............

From 20 yrs................ 0.0963 hrs...............

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Notwithstanding the foregoing, employees who are hired in a part-time status and full- time employees who assume part-time status shall accrue vacation benefits each payroll period based upon the total number of hours for which the employee was compensated in the payroll period. To be eligible for this benefit, employees must consistently work a half-time schedule or more. The amount of vacation so accrued shall be proportionate to that earned by full time employees in the same payroll period.

The vacation accrual schedule specified in Section 8.02, Vacation Accruals for Full- Time Employees, of this Resolution and listed above will be used for purposes of prorating vacation leave.

The use of vacation shall be subject to the provisions and all Subsections of this Resolution. The maximum vacation accrual cap shall be twice the annual allowance plus twenty (20) hours. The vacation accrual cap shall be maintained on a continuous per pay period basis. Exceptions to the foregoing may be permitted pursuant to the provisions of Section 8.02 of this Resolution.

8.04 Payment for Unused Vacation Leave
Leave time earned but unused at the date of termination shall be added to final pay. If the employee owes the City for unearned leave taken, the actual time shall be deducted from final pay.

9.00 SICK LEAVE

9.01 Sick Leave Policy
Sick leave is a paid leave. Sick leave shall be allowed in case of an employee’s bona fide illness or injury, or for an employee’s doctor/health appointments. Use of sick leave shall be approved by the employee's supervisor.

Employees shall, whenever possible, make appointments for medical, dental, and other similar purposes on Saturday or other non- work time.

In addition to the foregoing, sick leave may be used as family sick leave to care for an ill or injured family member or to take a family member to a doctor appointment. A “family member” is defined as a child, parent, spouse, registered domestic partner, child of a registered domestic partner, grandparent, grandchild, or sibling. Up to half (1/2) of an employee’s annual sick leave accruals per calendar year may be used as family sick leave.

A certificate from an attending physician stating the expected duration of the family member's illness may be required. Authorization to use additional sick leave for family illness beyond the maximum identified above may be granted by the City Manager or designee when, in the City Manager or designee’s judgment, circumstances warrant the same. Employees may use not more than four (4) hours of sick leave for the purpose of consulting with a physician concerning a serious illness or injury of a member of the employee's immediate family.

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Sick leave may also be taken for specified purposes by employees who are the victim of domestic violence, sexual assault, or stalking.

If an employee exhausts all accrued sick leave, the employee may apply for another eligible paid or unpaid leave as provided for in this Resolution. If sick leave is approved and then it is determined that the employee does not have enough sick leave available to cover the request and no other leave is requested, Payroll will deduct the excess time from another eligible paid leave balance.

No sick leave accruals will be credited in advance. No sick leave will be earned while on an unpaid leave.

If sick leave is used for purposes that qualify under a state or federal leave law, such as the Family Medical Leave Act/California Family Rights Act or Pregnancy Disability Leave, then any sick leave used will count towards the state or federal leave entitlement.

9.02 Sick Leave Allowance for Full-Time Employees
All full-time employees, other than temporary and provisional employees, shall accrue sick leave benefits each payroll period based upon the number of hours the employee is entitled. The full-time sick leave accrual rate is 3.704 hours per payroll period (up to ninety-six (96) hours annually). Employees shall accrue sick leave credits in accordance with the foregoing schedule from their initial date of employment.

The use of accrued sick leave shall be subject to the provisions of Section 9.00, Sick Leave, of this Resolution. An absence approved as sick leave shall be deducted from an employee's leave balance at the end of the pay period in which the leave is taken.

There shall be no limit upon the number of hours of unused sick leave which may be accumulated by an employee. Upon separation of an employee, any sick leave balance for which payment has not been made shall be canceled and shall not be restored if a former employee is reinstated.

9.03 Sick Leave Allowance for Certain Part-Time Employees

1. Healthy Workplaces, Healthy Families Act of 2014
Part-time employees who work thirty (30) or more days within a year shall receive sick leave in accordance with the Healthy Workplaces, Healthy Families Act of 2014 and City Administrative Rule (AR) 2.56, Paid Sick Leave. The annual period shall be based on the part-time employee’s first day of employment and anniversary date thereafter.

Employees eligible for sick leave under the Healthy Workplaces, Healthy Families Act of 2014 shall receive forty (40) hours of sick leave on their first day of employment and may begin using their accrued sick leave after the ninetieth (90th) day of employment.

Employees shall receive forty (40) hours of sick leave at beginning of each fiscal year thereafter and can accrue up to a maximum of six (6) days or forty-eight (48) hours of paid sick leave, whichever is greater. Any unused paid sick leave balance will carry over year to year while continuously employed, up to the six (6) day or forty-eight (48) hour cap.

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The use of sick leave so earned by part-time employees shall be subject to the provisions of this Resolution.

2. Part-Time Employees Regularly Scheduled Twenty (20) or More Hours per Week Part-time employees who are regularly scheduled to work twenty (20) or more hours per week shall be entitled to accrue sick leave benefits each payroll period based upon the total number of hours for which the employee was compensated in the payroll period.

The amount of sick leave so accrued shall be proportionate to that earned by full-time employees based on the number of hours worked by the part-time employee. The full-time sick leave accrual rate is three and seven hundred four thousands (3.704) hours per payroll period. The use of accrued sick leave shall be subject to the provisions of this Resolution.

3. Sick Leave Usage
Sick leave is accrued for all regular hours worked and shall continue to be earned during other authorized leaves with pay. There shall be no limit upon the number of hours of unused sick leave that may be accumulated by an employee. Upon separation of an employee, any sick leave balance for which payment has not been made shall be canceled and shall not be restored if a former employee is reinstated.

Sick leave may be taken for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.

Employees may take up to a maximum of forty (40) hours of sick leave per year to care for an eligible family member (the employees’ child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling). A certificate from an attending physician stating nature and extent of the family member's illness may be required in cases of suspected abuse of this provision.

Sick leave may also be taken for specified purposes by employees who are the victim of domestic violence, sexual assault, or stalking.

9.04 Sick Leave Notice and Certification
In order to receive compensation while absent on sick leave, employees or someone on their behalf shall notify the immediate supervisor prior to or within thirty (30) minutes before the time set for reporting to work. The City Manager or designee may waive this requirement upon presentation of a reasonable excuse by the employee.

Employees shall file a personal affidavit or physician's certificate with their supervisor if required by the City Manager or designee for any use of sick leave.

After three (3) consecutive working days' absence, the supervising authority may require an appointment and/or physician's certificate. If employees become ill while on vacation, periods of illness may be charged to sick leave upon presentation of a physician’s certificate certifying duration of illness. In cases of frequent use of sick leave, employees may be requested to file physician's statements for each illness, regardless of duration, to the extent allowed by law.

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A physician’s certificate must include the name and signature of the attending physician, the date and time the employee was seen by the physician, and the physician’s certification that the illness or injury was of such nature to prevent the employee from performing their job. Employees may also be required to take an examination by a physician designated by the City and to authorize consultation with their own physician concerning their illness.

Sick leave shall not be granted for absences caused by intoxication or excessive use of alcoholic beverages. As an exception to the foregoing, sick leave may be authorized for the treatment of alcoholism or substance abuse when such condition is diagnosed by a competent medical authority.

These same requirements may also be applied for family sick leave requests.

9.05 Payment for Unused Sick Leave
Any employee leaving employment of the City in good standing after having completed twenty (20) years of continuous public service with the City, or upon retirement from the City for service or disability with at least ten (10) years of service, or upon termination of employment by reason of death, shall receive payment for a portion of that sick leave earned but unused at the time of separation.

The amount of payment for unused sick leave shall be based on the employee’s accumulated unused sick leave balance at the time of separation (up to a maximum of two thousand four hundred (2400 hours)), times the employee’s hourly rate of pay at time of separation plus seven percent (7%), times the number of whole years of continuous service, times the percentage factor from the following table:

 Zero percent (0%) to sixty-five percent (65%) of maximum eligible sick leave accrual = 1%

 Sixty-five and one-hundredth percent (65.01%) or more of maximum eligible sick leave accrual = one and fifteen one-hundredths percent (1.15%), provided the employee has twenty-five (25) years of service. If the employee has less than twenty-five (25) years of service the payout percent will equal one percent (1%).

For the purposes of this Section, the maximum eligible sick leave accrual will be calculated as the number of whole years of service times ninety-sixty and two-tenths (96.2) sick leave hours. The following examples illustrate how sick leave payouts will be provided to employees under this Section:

Example 1. Employee A is retiring after twenty and seven-tenths (20.7) years of service. Employee A has one thousand three hundred thirty-five and four-tenths (1335.4) hours of unused sick leave at time of retirement. The maximum number of sick leave hours Employee A could have accrued over the course of her employment with the City was ninety-six and two-tenths (96.2) hours x twenty (20) years = one thousand nine hundred twenty-four (1924.0) hours. Her total sick leave hours one thousand three hundred thirty-five and four-tenths (1335.4) are equal to sixty-nine and Attachment III

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four-tenths percent (69.4%) of the total maximum eligible sick leave accrual one thousand three hundred thirty-five and four-tenths (1335.4) ÷ one thousand nine hundred twenty-four (1924.0) x 100 = sixty-nine and four-tenths percent (69.4%).

Employee A did retain greater than sixty-five percent (65%) of the maximum eligible sick leave accrual, however, employee A does not have twenty-five (25) years of service. Therefore, employee A is only eligible to receive 1% of unused sick leave balances for every whole year of service. Employee A hourly rate is forty-two dollars and thirty-five cents ($42.35). Employee A sick leave payout hourly rate is forty-two dollars and thirty-five cents ($42.35) x 1.07 = forty-five dollars and thirty-one cents ($45.31). Employee A sick leave payout calculation is as follows:

One thousand three hundred thirty-five and four-tenths (1335.4) hours x forty-five dollars and thirty-one cents ($45.31) x twenty (20) years x .01 = twelve thousand one hundred and one dollars and forty cents ($12,101.40)

Example 2. Employee B is retiring after thirty and two tenths (30.2) years of service.

Employee B has two thousand four hundred and fifty-seven and eight tents (2457.8) hours of unused sick leave at time of retirement. The maximum number of sick leave hours employee B could have accrued over the course of employee B employment with the City was ninety-six and two-tenths (96.2) hours x thirty (30) years = two thousand eight hundred and eighty-six (2886.0) hours. Employee B total sick leave hours two thousand four hundred and fifty-seven and eight tents (2457.8) are equal to eighty-five and two-tenths percent (85.2%) of the total maximum eligible sick leave accrual two thousand four hundred and fifty seven-tenths (2457.8) ÷ two thousand eight hundred and eighty six (2886.0) x 100 = eighty-five and two-tenths percent (85.2%)). Employee B retained greater than sixty-five percent (65%) of employee B maximum eligible sick leave accrual, and employee B has more than 25 years of experience. Therefore, employee B would be eligible for one and fifteen one- hundredths percent (1.15%) of his unused sick leave balances for every year of service. Employee B hourly rate is $41.18. Employee B sick leave payout hourly rate is forty-one dollars and eighteen cents ($41.18) x 1.07 = forty-four dollars and six cents ($44.06). Employee B sick leave payout calculation is as follows:

Two thousand four hundred (2400) hours (max allowed) x forty-four dollars and six cents ($44.06) x thirty (30) years x .0115 = thirty-six thousand four hundred eighty- one dollars and sixty-eight cents ($36,481.68)

Payment of unused sick leave for part-time employees shall be determined using a pro-rated maximum accrual of sick leave hours and a pro-rated cap on the maximum number of hours that are subject to cash-out. The percentage applied for pro-rating shall be determined based on the average number of hours worked during the one (1) year period immediately preceding separation. For example, if the employee worked one thousand forty (1,040) hours during the year before separation, or the equivalent of 0.5 FTE, then the pro-rated maximum accrual will be 0.5 x ninety-six and two-tenths (96.2) hours, or an annual accrual rate of forty-three and one-tenth (43.1) hours. The pro-rated cap for this same employee will be 0.5 x two thousand four hundred (2,400) hours or one thousand two hundred (1,200) hours.

That portion of an employee's sick leave balance for which payment is not provided shall be canceled and shall not be restored if said employee is reinstated.

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Employees hired on or after April 1, 2012, shall not be eligible to receive any sick leave cash-out benefits under this Section. The Fire Chief and Police Chief are subject to the Payment for Unused Sick Leave as outlined in Section 11.07 and 11.08 of the Salary and Benefits Resolution.

9.06 Catastrophic Injury/Illness Time Bank
Upon approval of the City Manager or designee, a time bank may be established for the benefit of an employee who is incapacitated by a catastrophic illness or injury.

The intent of this program is to assist catastrophically ill or injured employees who have exhausted all available paid accruals to maintain a paid status for a maximum of one (1) year. Catastrophic injury or illness is defined as a medically certified, severe and disabling, non-industrial condition resulting in an employee's inability to work.

Employees may submit requests to donate earned vacation and/or compensatory time on a voluntary basis subject to the conditions listed below.

A. Employees initially eligible to receive leave contributions must have exhausted all other leave balances available including earned vacation, management leave, and earned sick leave.

B. State and federal income tax on the value of leave donated shall be deducted from the recipient employee's pay at the time of crediting.

C. Leave hours that are credited as sick leave to the recipient shall not be reversible.

D. Hours requested to be donated shall be kept in a pledge status until used, shall be credited monthly as sick leave, and shall be subject to the provisions of this Resolution regarding the use and payment of same. Donations shall be credited in the following order:

1. From donors whose vacation accruals are at or within sixteen (16) hours of the maximum allowed for their classification; then

2. From other donors in random order, to be determined on a draw basis by the Human Resources Department.

3. Donation requests shall be credited in the order specified above in subsequent month(s).

E. Donated leave time shall be changed to its cash value and then credited to the recipient in equivalent hours at the recipient’s straight time hourly rate of pay.

Recipient employees shall not be credited with more than one-hundred percent (100%) of their normally scheduled hours for any given pay period.

F. Donating employees may not reduce their balance of earned vacation below eighty (80) hours by reason of such donations.

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G. Recipient employees shall be credited with up to forty (40) hours of donated time upon return to work, provided that sufficient hours remain in pledge status during the pay period immediately preceding the return-to-work date. All undonated, pledged hours exceeding forty (40) shall be returned to the respective donor(s).

H. In the event of the death of the recipient, the recipient’s designated beneficiary shall receive payment for hours credited as donated. Hours remaining in pledge status are not subject to payout to the beneficiary and shall be returned to the donor(s).

This provision shall also allow the use and donation of catastrophic leave to employees who need paid time off to care of a catastrophically injured or ill dependent.

The use of this leave is limited to a one (1) year period for establishment of any Catastrophic Injury/Illness Time Bank. Upon approval of the City Manager or designee, a time bank may be established for the benefit of an employee who has a dependent who is incapacitated by a catastrophic illness or injury. A dependent is defined as a legal spouse, registered domestic partner, legal child under the age of twenty six (26), or legal child of a registered domestic partner under the age of twenty six (26).

An employee must provide a signed medical certification from the treating physician of the employee’s dependent stating that the employee’s dependent has a severe and disabling injury or illness and indicating the amount of time the employee would need to be off to care for the dependent.

An employee shall not be credited with more than one-hundred percent (100%) of the employee’s normally budgeted hours for any given pay period. In no event shall an employee receive donated paid leave in addition to any paid benefit provided to the employee for time off to care for the employee’s dependent that will result in the employee receiving more than one-hundred percent (100%) of the employee’s base salary for the pay period. Records of any paid benefit provided to the employee for time off to care for a dependent must be provided by the employee to Payroll for integration with catastrophic leave.

Employees can donate paid leave to an employee who has a dependent with a catastrophic injury/illness under the same terms and conditions as for an employee who has a catastrophic injury/illness.

Employees can utilize catastrophic leave for up to a one (1) year period. The period starts for the first day of use of catastrophic leave. For example, if catastrophic leave starts on July 1, 2024, it can only be used up until June 30, 2025. Leave can be taken on an intermittent basis if approved by the City Manager or designee but will not exceed catastrophic leave usage past the one (1) year leave period.

Any leave used for purposes that qualify under a state or federal leave law, such as the FMLA/CFRA/PDLL will count toward any state of federal leave entitlements. If an employee is unable to return to work and has exhausted all accrued leave entitlements, the employee may be retired for disability and/or separated.

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10.00 MISCELLANEOUS LEAVES

10.01 Bereavement and Reproductive Loss Leave
All full-time employees, other than temporary and provisional employees, shall be granted bereavement leave and reproductive loss with pay for not more than five (5) workdays upon, a reproductive loss or the death of a close relative or registered domestic partner. Reproductive loss events include failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. Close relatives are defined as child, children-in-law, someone else related by blood or in a family-like relationship (“designated person”), and domestic partner registered with the City in a manner prescribed by the Human Resources Department. When additional time is desired, and upon a supervisor’s review and approval, all full-time employees may be allowed to take accumulated vacation or management leave.

Upon request of the City, the employee shall furnish proof of the relationship to the deceased, such as a written notice to their supervisor stating that they certify their relationship to the deceased.

All full-time employees are allowed a maximum of twenty (20) days of reproductive loss in a twelve (12) month period if multiple events of reproductive loss occur. Full- time employees may utilize the initial three (3) paid workdays plus two (2) unpaid workdays for an initial event. The remaining seventeen (17) allowable reproductive loss days are unpaid. Reproductive loss leave must be taken within three (3) months of the event or end of CFRA/FMLA or other protected leave, if used.

Part-time employees who work a continuous schedule of twenty (20) or more hours per week shall be granted bereavement or reproductive loss leave with pay as necessary on the same basis as full-time employees, except that the leave shall be prorated based on the number of hours worked.

10.02 Jury Leave
An employee summoned to jury duty shall inform their supervisor and, if required to serve, may be absent from duty with full pay. Any jury fees received by an employee shall be remitted to the City, excluding mileage reimbursement.

10.03 Military Leave
Military Leave shall be granted in accordance with the provisions of state and/or federal law. All employees entitled to military leave shall give the City Manager an opportunity, within the limits of military requirements, to determine when such leave shall be taken.

10.04 Worker’s Compensation Leave
For an employee injury or disability falling within the provisions of the State Workers' Compensation Disability Act (SWCDA), disability compensation at the rate allowed under the SWCDA shall be the basic remuneration during the employee's period of disability. Compensation under the SWCDA will be provided through payroll or the Attachment III

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City’s third-party administrator. Employees may elect to use their own personal paid leave to supplement any workers’ compensation benefits received. If any paid leave is used, the employee must contact Human Resources Department and integrate the leave with any temporary disability benefits paid under the SWCDA so that compensation does not exceed 100% of an employee’s regular pay.

The City reserves the right to withhold payment of any disability benefits until such time it is determined whether or not the illness or injury is covered under the SWCDA.

10.05 Family and Medical Leave / California Family Rights Act Employees may be eligible for leave under the FMLA and/or the CFRA. The administration of any FMLA or CFRA leave provided for under this provision shall be in accordance with the provisions of the FMLA and the CFRA. Leave provided under this provision may run concurrently with other leaves provided under this Resolution as designated by the Human Resources Department. Additional information regarding available leave benefits is set forth in City Administrative Rule 2.45, as that Rule may be revised.

10.06 Pregnancy Disability Leave
Employees may be eligible for leave under the California PDLL. The administration of any leave given under the PDLL shall be in accordance with the provisions of the PDLL.

Leave provided under this provision may run concurrently with other leaves provided under this Resolution. Additional information regarding available leave benefits is set forth in City Administrative Rule 2.45, as that Rule may be revised.

10.07 Leave of Absence
The City Manager or designee, upon written request of a full-time employee, other than a temporary or provisional employee, may grant for the good of the service a leave of absence without pay for a maximum period of one (1) year. Consideration for granting leave will consider the employee’s previous time off, reason for request, business needs, etc.

Leaves hereby authorized shall include medical leaves, educational leaves, parental leaves, and leave for any other purpose promoting the good of the service. Part-time employees are eligible for leaves of absence on a pro-rata basis (e.g., half-time employees are eligible for one-half the leave of absence duration of a full-time employee, i.e., a maximum of six (6) months duration). Whenever granted, such leave shall be in writing and signed by the City Manager or designee. Upon expiration of such a leave, the employee shall be reinstated to the position held at the time the leave was granted. Failure of the employee to report promptly at the expiration or within a reasonable time after notice to return to duty shall terminate the employee's right to be reinstated.

All eligible paid leaves must be exhausted during any leave granted under this provision. Should employees exhaust their leave balance while on a leave of absence, all remaining time will be without pay. If a Leave of Absence is used for purposes that qualify under a state or federal leave law, such as the FMLA/CFRA or PDLL, the leave taken will count towards the state or federal leave entitlement. If an employee is unable Attachment III

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to return to work and has exhausted all available leave entitlements, the employee may be retired for disability or separated. No benefits will be provided during this period except as provided below. Health coverage may be continued, but at the employee’s own cost.

10.08 Parental Leave
Employees shall be granted forty (40) hours of leave with pay at their current straight- time hourly rate upon the birth of a child, or when a child begins residence with an employee who has commenced adoption proceedings with full intent to adopt. Part- time employees hired into positions budgeted for twenty (20) or more hours per week and who consistently work twenty (20) or more hours per week shall be granted proportionate leave based on their work schedules. Leave must be taken within one (1) year from the date of birth or placement of the child.

In addition, a new parent may use up to one hundred and twenty (120) hours of earned sick leave upon the birth of a child or when a child begins residence with an employee who has commenced adoption proceedings. Any leave granted under this provision shall run concurrently with FMLA/CFRA leave.

10.09 Management Leave
The City Council wishes to acknowledge the special public service rendered by the City’s Executive and Exempt employees. In maintaining the City's efficiency and reputation, Executive and Exempt employees in this group work additional hours as required for appearances before the City Council, City Boards, and Commissions, residents' groups, and intergovernmental bodies; for maintenance of essential services during emergencies; and for accomplishment of work assignments which often impose irregular hours and time expenditures far above the conventional forty (40) hour workweek. Under such circumstances, these employees neither expect nor receive overtime pay. However, upon being regularly required to work throughout the year beyond the normal workweek, an employee shall be provided up to two (2) weeks' annual management leave. Upon request of an employee, the City Manager or designee may authorize additional management leave.

Employees may cash out up to eighty (80) hours of management leave each fiscal year.

Employees may cash out up to an additional forty (40) hours of management leave and/or vacation leave, for a total of one-hundred twenty (120) hours of leave, each fiscal year in no more than two (2) payments, at the employee’s discretion, contingent on the employee using a minimum of eighty (80) hours’ paid vacation and/or management leave in the twelve (12) months preceding the request and must have at least forty (40) hours of vacation and/or management leave remaining after the cash out.

Under no circumstances will an employee be permitted to cash out more than one- hundred twenty (120) hours of management leave or a combination of vacation and management leave each fiscal year.

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All requests for cash out must be submitted through ESS by completing the Request for Management Leave/Vacation Leave Cash Out Form; requests must be processed and paid out on a paycheck date in the respective calendar year. For example, if a request is received for a pay period that ends in December of the respective year but results in a paycheck the following calendar year, this request will not be processed as the payout must occur on a paycheck in the respective calendar year. Payout will be applied to a single bi-weekly payroll and employees will be responsible for all taxes associated with such payout.

11.00 MISCELLANEOUS PROVISIONS

11.01 Notification of Address
All employees, including those on a leave of absence, shall keep the Human Resources Director or designee always informed as to their current home address, no later than ten (10) days after such change of address.

11.02 Restrictions on Outside Work
Gainful employment outside an employee's regular City position shall be considered a privilege subject to regulation and not a right. No employee shall engage in a gainful occupation outside of the employee’s City position which is incompatible with the employee's City employment or which is of such a nature as to interfere with satisfactory discharge of the employee’s regular duties. Any employee who wishes to engage in or accept such employment may do so after having first obtained written approval of the City Manager or designee. Approval of outside employment will be granted for a period not to exceed one (1) year. Employees wishing to continue outside employment will need to re-apply for approval of outside work upon the expiration of the current approval. Violation of this Section shall be cause for disciplinary action.

11.03 Employee Health and Medical Examinations
When in the judgment of the City Manager or designee, an employee's health or physical condition may have an adverse effect on the performance of duties or affect the safety or health of fellow employees, the employee may be required to undergo a medical examination at City expense.

Based on authoritative medical advice, the City Manager shall determine whether an employee is physically incapacitated for the duties of the position and may take whatever action the City Manager deems appropriate. The determination and resultant action may be the subject of appeal to the Personnel Commission for its review and recommendation.

Those employees designated by the City Manager shall also undergo, at City expense, routine medical examinations. The frequency of these examinations and the examining physician shall also be designated by the City Manager.

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11.04 Conversion of Compensatory Time
An employee promoted from another representation unit to a classification in the Unrepresented Executives, Management, City Manager, Human Resources, & City Attorney Employees Unit will be required at the time of promotion to redeem all accrued compensatory time at the straight time hourly rate immediately prior to promotion. As an exception to the foregoing, an employee may elect to have the compensatory time transferred to the Deferred Compensation Plan pursuant to Plan rules.

11.05 Americans with Disabilities Act (ADA)
The City recognizes its obligation under the law to meet with individual employees who allege a need for reasonable accommodation in the workplace because of a disability.

The City will engage in the interactive process with qualified employees to determine if a reasonable accommodation is available. In the case of an employee with a disability, managers and supervisors may be informed of necessary restrictions on the work or duties of the employee and any agreed upon reasonable accommodations.

11.06 Potential Changes in Wages and Benefits
The City agrees that leave, holidays, fringe benefits, and annual across-the-board salary increases granted to Unrepresented Exempt and Non-Exempt employees will be equal to those granted to members of the Hayward Association of Management Employees.

11.07 Fire Chief Position
Section 5.00, Benefit Plans, Section 6.00, Salary Administration, and Section 11.06, Potential Changes in Wages and Benefits, of this Resolution detailing employee benefit plans and across-the-board salary increases shall not apply to the Fire Chief.

Instead, the employee benefits for the Fire Chief will be the same as those set forth in any collective bargaining agreement between the City and the Hayward Fire Chiefs Association.

The Fire Chief will be eligible to participate in the City’s salary schedule as adopted by City Council, Retirement Program, Longevity Pay, and Education Incentive Pay Program and shall receive certification pay for possessing and maintaining a valid emergency medical technician certification and/or paramedic certification under the same terms and conditions provided to employees represented by the Hayward Fire Chiefs Association, and as outlined in Appendix C. Except as specifically provided in Appendix C., this section all other provisions of this Resolution shall apply to the Fire Chief.

This Section shall remain in effect until thereafter amended or rescinded by the City Council.

11.08 Police Chief Position
Section 5.00, Benefit Plans, Section 6.00, Salary Administration, and Section 11.06, Potential Changes in Wages and Benefits, of this Resolution shall not apply to the Police Chief. Instead, employee benefits for the Police Chief will be the same as those set forth in any collective bargaining agreement between the City and the Hayward Attachment III

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Police Officers Association (HPOA) and as outlined below. Section 9.00 Sick Leave in the Salary and Benefits Resolution for Unrepresented Management Employees shall not apply to the Police Chief. Instead, payment for unused sick leave shall be the same as set forth in any collective bargaining agreement between the City and the Hayward Police Management Unit (HPMU).

Moreover, based on satisfactory performance as determined by the City Manager, salary adjustments will be equivalent to those for the Police Chief are subject to the City’s salary schedule as adopted by City Council. In addition, the Police Chief is eligible to participate in the Retirement Benefit Program, Continuous Service Pay, and Education Incentive Pay Program as outlined on the same terms as members of the HPMU and as outlined in Appendix D. Except as specifically provided in Appendix D., this Section, all other provisions of this Resolution shall apply to the Police Chief.

This Section shall remain in effect until thereafter amended or rescinded by the City Council.

11.09 Duration
This Resolution is intended to provide authorization for salaries, benefits, and other terms and conditions of employment beginning July 1, 2024, and until this Resolution is thereafter amended or rescinded by the City Council.

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APPENDIX A – Salary Schedule

Classification Title Status
Job
Code Service Type Step A Step B Step C Step D Step E
ASSISTANT CITY MANAGER Executive U735 Unclassified Hourly 133.37 140.06 147.05 154.41 162.13

COMMUNICATIONS AND MARKETING

OFFICER /
PUBLIC INFORMATION OFFICER (PIO) Executive U311 Unclassified Hourly 80.80 84.85 89.07 93.54 98.23 DEPUTY CITY MANAGER Executive U505 Unclassified Hourly 104.30 109.50 114.99 120.75 126.77

DIRECTOR OF DEVELOPMENT
SERVICES Executive U700 Unclassified Hourly 108.22 113.62 119.33 125.30 131.55 DIRECTOR OF FINANCE Executive U725 Unclassified Hourly 111.95 117.53 123.43 129.59 136.06 DIRECTOR OF HUMAN RESOURCES Executive U705 Unclassified Hourly 109.02 114.45 120.18 126.19 132.49

DIRECTOR OF INFORMATION

TECHNOLOGY /
CHIEF INFORMATION OFFICER (CIO) Executive U720 Unclassified Hourly 121.28 127.30 133.69 140.39 147.39 DIRECTOR OF LIBRARY SERVICES Executive U710 Unclassified Hourly 102.00 107.09 112.47 118.09 123.99

DIRECTOR OF MAINTENANCE
SERVICES Executive U715 Unclassified Hourly 120.75 126.78 133.14 139.80 146.78 DIRECTOR OF PUBLIC WORKS Executive U730 Unclassified Hourly 121.02 127.10 133.45 140.15 147.11 FIRE CHIEF Executive F800 Unclassified Hourly 139.41 146.36 153.69 161.38 169.45 CHIEF OF POLICE Executive P500 Unclassified Hourly 140.12 147.10 154.47 162.19 170.30 SENIOR ASSISTANT CITY ATTORNEY Exempt U215 Classified Hourly 116.62 122.50 128.61 135.05 141.81 ASSISTANT CITY ATTORNEY Exempt U210 Classified Hourly 101.87 106.95 112.35 117.95 123.83 DEPUTY CITY ATTORNEY II Exempt U205 Classified Hourly 82.07 86.14 90.44 94.94 99.73 DEPUTY CITY ATTORNEY I Exempt U200 Classified Hourly 69.85 73.32 76.99 80.85 84.88 EQUITY AND INCLUSION OFFICER Exempt U340 Classified Hourly 76.73 80.56 84.59 88.82 93.24 ASSISTANT TO CITY MANAGER Exempt U320 Unclassified Hourly 85.96 90.26 94.76 99.51 104.46 MANAGEMENT FELLOW Exempt U300 Classified Hourly 50.68

CHIEF ECONOMIC DEVELOPMENT
OFFICER Exempt U330 Classified Hourly 91.19 95.77 100.57 105.61 110.87

DEPUTY DIRECTOR OF
DEVELOPMENT SERVICES Exempt U515 Classified Hourly 92.06 96.69 101.52 106.60 111.95 DEPUTY DIRECTOR OF FINANCE Exempt U500 Classified Hourly 96.23 101.03 106.09 111.41 116.95

DEPUTY DIRECTOR OF HUMAN
RESOURCES Exempt U520 Classified Hourly 98.82 103.75 108.94 114.40 120.10 HUMAN RESOURCES MANAGER Exempt U135 Classified Hourly 85.09 89.34 93.82 98.51 103.44

SENIOR HUMAN RESOURCES
ANALYST Exempt U120 Classified Hourly 63.14 66.27 69.57 73.06 76.71 HUMAN RESOURCES ANALYST II Exempt U115 Classified Hourly 57.40 60.27 63.29 66.43 69.76 HUMAN RESOURCES ANALYST I Exempt U110 Classified Hourly 52.19 54.81 57.54 60.40 63.42

DEPUTY DIRECTOR OF LIBRARY
SERVICES Exempt U535 Classified Hourly 92.12 96.73 101.56 106.65 111.96

DEPUTY DIRECTOR OF
MAINTENANCE SERVICES Exempt U540 Classified Hourly 92.41 97.01 101.89 106.97 112.33

OPERATIONS SUPPORT SERVICES
MANAGER Exempt U400 Classified Hourly 91.01 95.55 101.33 106.38 111.67 Attachment III

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ASSISTANT DIRECTOR OF PUBLIC
WORKS-UTILITIES Exempt U525 Classified Hourly 106.38 111.71 117.29 123.14 129.32

DEPUTY DIRECTOR OF PUBLIC
WORKS Exempt U510 Classified Hourly 94.72 99.46 104.45 109.66 115.15

DEPUTY DIRECTOR OF INFORMATION
TECHNOLOGY Exempt U530 Classified Hourly 96.23 101.03 106.09 111.41 116.95 EXECUTIVE ASSISTANT Non-Exempt U315 Unclassified Hourly 49.44 51.72 54.05 56.37 58.85 SENIOR PARALEGAL Non-Exempt U196 Classified Hourly 50.84 53.40 56.06 58.85 61.80 PARALEGAL Non-Exempt U195 Classified Hourly 46.21 48.52 50.97 53.49 56.18 HUMAN RESOURCES TECHNICIAN Non-Exempt U100 Classified Hourly 47.46 49.83 52.33 54.93 57.66

HUMAN RESOURCES
ADMINISTRATIVE ASSISTANT Non-Exempt U105 Classified Hourly 48.13 50.11 52.08 54.04 56.19 FIREFIGHTER TRAINEE (40 HOUR) Non-Exempt F100 Classified Hourly 57.42 60.28

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APPENDIX B – Employee Status

UNCLASSIFIED SERVICE

Pursuant to Article VIII of the City Charter and Chapter 2, Section 4 of the City’s Municipal Code, the following classifications constitutes the City’s Unclassified Service:

Assistant City Manager
Assistant to City Manager
Chief of Police
Deputy City Manager
Director of Development Services
Director of Finance
Director of Human Resources
Director of Library & Community Services
Director of Maintenance Services
Director of Public Works
Director of Technology Services
Executive Assistant
Fire Chief
Communications & Marketing Officer

CLASSIFIED SERVICE

Pursuant to Article VIII of the City Charter and Chapter 2, Section 4 of the City’s Municipal Code, all positions identified in Appendix A that are not part of the unclassified service shall be included in the City’s classified service.

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APPENDIX C – Fire Chief Position Benefits

Retiree Medical Trust

A. Acknowledgement. In accordance with Internal Revenue Code Section 501c the City acknowledges agreement with the Medical Expense Reimbursement Plan of the WSCFF Employee Benefit Trust (hereafter, the “Trust”).

B. Defined Class of Employees Receiving Contributions. “Defined Class” means all full-time employees except employees as described in B(1) below.

1. Employees who previously demonstrated to the City entitlement to full post-retirement medical benefits through a spouse or previous employment and made an irrevocable election not to participate in the Trust.

2. Eligibility Requirements: Fire employees, who have been promoted out of the International Association of Fire Fighters (IAFF) Local 1909 Firefighters, Hayward Fire Officers’ Association and Hayward Fire Chiefs’ Association shall continue participation in the IAFF Medical Expense Reimbursement Plan through mandatory employee and employer contributions after their promotion. City of Hayward has the authority to require mandatory deductions from employee payroll as part of the employees’ compensation package, for contributions to such Plan to correspond to the Memorandum of Understanding between City of Hayward and IAFF, Local 1909 Firefighters, between City of Hayward and IAFF, Local 1909 Hayward Fire Officers Association and the Memorandum of Understanding Between City of Hayward and Hayward Fire Chiefs’ Association (the “CBAs”).

C. Employee Contribution Amount. The City shall withhold a mandatory contribution amount equivalent to one percent (1%) of the monthly base pay of Step E Fire Captain (fifty-six (56) hour) per month (i.e., one-hundred sixty-seven dollars and fifty-eight cents ($167.58) for FY2024), plus an additional contribution based on years of service in accordance with Table C-1 below on a pre-tax basis from the pay of every employee in the Defined Class and shall transmit such contributions to the Trust pursuant to the requirements of (G) below.

Years of service shall be inclusive of enrollment in CalPERS, United States Forestry Service, United States Military Service, CERL-1937 Act, and/or other municipal pension system.

No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.

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Employee contributions will be made on a bi-weekly per pay period basis in the amount of seventy-seven dollars and thirty-four cents ($77.34)*, plus an additional contribution based on years of service. The contributions to the plan shall be per pay period as follows:

Table C-1.

Years
of
Service
Biweekly
Employee
Contributions
(1% of Step
E Fire
Captain*)
Additional
Biweekly
Employee
Contribution*
Total
Biweekly
Employee
Contribution*
Total
Monthly
Employee
Contribution*
0-10 $77.34 - $77.34 $154.68
11-20 $77.34 $25.00 $102.34 $204.68
21-22 $77.34 $50.00 $127.34 $248.68
23-24 $77.34 $75.00 $152.34 $304.68
25-26 $77.34 $100.00 $177.34 $354.68
27-28 $77.34 $125.00 $202.34 $404.68
29+ $77.34 $150.00 $227.34 $454.68
*This amount shall be adjusted whenever the Step-E Fire Captain salary is adjusted

D. Vacation Leave transfer.

1. Annual Vacation Leave Transfer. The City and the employee agree that an employee in the Defined Class, by written election may convert up to one hundred twenty (120) hours of accrued vacation one (1) time per year, and the City shall irrevocably transfer the value of the converted vacation leave to the employee’s Trust account on a pre-tax basis subject to the following:

a. The value of converted vacation hours shall be based on the employee’s straight time hourly rate of pay in effect at the time of the conversion, and

b. To be eligible for vacation leave transfer all fifty-six (56) hour employee must have used a minimum of ninety-six (96) hours of paid vacation in the twelve (12) months preceding the submission of the request and have at least forty-eight (48) hours of vacation after the conversion.

c. To be eligible for vacation leave transfer all forty (40) hour employees must have used a minimum of eighty (80) hours of paid vacation in the twelve (12) months preceding the
submission of the request and have at least forty (40) hours of vacation after the conversion.

d. The employee may elect to apply any portion of the value of the converted vacation leave to a qualifying deferred compensation plan up to allowable IRS limits, and
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e. The employee may not convert accrued vacation leave more than one (1) time per calendar year, and

f. No employee in the Defined Class shall have the option to receive a cash payout for the value of the converted vacation leave in lieu of making contributions to the Trust and/or deferred compensation plan.

2. Vacation Leave Transfer at Separation. For every employee in the Defined Class, the City shall, upon the employee’s separation from the City, irrevocably contribute to the employee’s Trust account on a pretax basis, an amount equal in value to one hundred percent (100%) of the payments that would otherwise be paid on behalf of the employee for unused vacation leave.

The employee, by written election received by the City no later than thirty (30) days prior to separation, may elect to apply any portion of the value of the vacation leave accrual to a qualifying deferred compensation plan up to allowable IRS limits. Absent such election, the City shall implement the vacation leave transfer to the employee’s Trust account as set forth above.

No employee in the Defined Class shall have the option to receive a cash payout for the value of the accrued vacation leave in lieu of making contributions to the Trust and/or deferred compensation plan.

Employees excluded from Trust contributions in accordance with Section B (1) shall receive a cash payout for accrued vacation leave upon separation. Such employees may elect to apply any portion of the cash payout to a qualifying deferred compensation plan up to allowable IRS limits.

E. Sick Leave Transfer. For every employee in the Defined Class, the City shall, upon the employee’s separation from the City, irrevocably contribute to the employe’s Trust account on a pre-tax basis, an amount equal in value to one hundred percent (100%) of the payments that would otherwise be paid to or on behalf of the employee for unused sick leave.

The employee, by written election received by the City no later than thirty (30) days prior to separation, may elect to apply any portion of the value of the sick leave accrual pursuant to terms set forth in this section, to a qualifying deferred compensation plan up to allowable IRS limits, or apply accrued sick leave hours to service credit in accordance with the City’s agreement with CalPERS. Absent such election, the City shall implement the sick leave transfer to the employee’s Trust account as set forth above.

No employee in the Defined Class shall have the option to receive a cash payout for the value of the accrued sick leave in lieu of making contributions to the Trust, deferred compensation plan, or CalPERS service credit.

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F. Employer Contribution Amount. The City and the employee agree that effective July 1, 2024, the City shall, on a pre-tax basis, make the following contribution based on years of service on behalf of every member of the Defined Class. Years of service shall be inclusive of enrollment in CalPERS, United States Forestry Service, United States Military Service, CERL-1937 Act, and/or other municipal pension system.

1. The City shall contribute a total of five hundred eight dollars and thirty cents ($508.30) per month (two-hundred thirty-four dollars and sixty cents ($234.60) per pay period). The City contribution shall be allocated to the employee’s Trust account and a City-sponsored 401(a) account in accordance with Table F-1 below:

Table F-1

Years Of
Service
City Trust
Contribution
(Biweekly)
City 401(a)
Contribution
(Biweekly)
Total City
Contribution
(Monthly)
Up to 15 $0 $234.60 $508.30
Greater than 15 $170.39 $64.21 $508.30

2. Employees exempted from Trust participation pursuant to section B(1) shall receive five-hundred eight dollars and thirty cents ($508.30) as a monthly City contribution to the 401(a).

3. The City acknowledges that Trust provisions require participating employees to attain five (5) years of Active Service in the plan to qualify as a Regular Beneficiary, as defined by the plan document. Regular Beneficiaries are entitled to monthly benefits from the Poled Account of the Trust.

In consideration of the elimination of the Supplemental Retirement Benefit pursuant to Section 5.01-A of the Hayward Fire Chiefs Association MOU, and Section 6.10 of the International Association of Fire Fighters (IAFF) Local 1909 MOU, and Section 6.10 of the Hayward Fire Officers’ Association MOU, the City shall make a lump sum contribution on behalf of all employees in the Defined Class retiring with less than five (5) years of monthly Trust contributions, for the term of the MOUs defined herein only, in accordance with the following:

a) The City lump sum contribution shall be made to the employee’s Trust account at retirement.

b) The amount of the City lump sum payment shall be limited to the minimum amount necessary to provide a retiring employee with only the additional Active Service required for the employee to receive monthly benefits from the Trust as a Regular Beneficiary and provide a Monthly Benefit Level of at least five hundred eight Attachment III

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dollars and thirty cents ($508.30) as calculated on the date that the lump sum payment is made.

c) The City lump sum contribution shall incorporate an actuarially adjusted Active Service Unit (“ASU”) value set forth in Appendix C – Lump Sum Transfer Conversion Table of the Trust plan document in effect at the time of retirement.

d) The City lump sum transfer shall not be inclusive of terminal leave transfers to the Trust pursuant to Section 5.13 D(2) and 5.13 (E) of the Hayward Fire Chiefs Association MOU; Section 6.12 D(2), and

6.12 (E) of the Hayward Fire Officers’ Association MOU, Section

6.12 D (2), and 6.12 (E) of the International Association of Fire Fighters (IAFF) Local 1909 MOU.

e) The City acknowledges that a retiring employee has the option to convert the City lump sum transfer to ASUs in order to attain Regular Beneficiary status, as defined by the Trust or retain the City lump sum transfer in the Individual Employee Account in the Trust and remain as a Limited Beneficiary.

f) A retiring employee in the Defined Class who has previously received five (5) years of contributions to the Trust and attained Regular Beneficiary status in the Trust shall not be eligible for a City lump sum contribution.

g) A retiring employee in the Defined Class shall not have the option to receive a cash payout for the value of the City lump sum contribution in lieu of making contributions to the Trust.

G. Remittance of Contributions. The City shall remit the above contributions directly to the Trust effective the first full pay period occurring after approval of this resolution. Those contributions shall be remitted per pay period, in one aggregate payment, either ACH transfer or wire, directly to the custodian of the Trust within thirty (30) days of the date the payment would have been payable to the Employee.

The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein.

H. Reporting to the Trust Office. The City shall electronically submit to the Trust Office a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within fourteen (14) days of receipt of the contribution funds.

The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.

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I. Modification of Employee Contribution and Leave Amounts. The City and Employee acknowledge that IRS rules prohibit a greater recurring contribution amount than the contribution amount set forth in the MOU between the City of Hayward and the International Association of Fire Fighters (IAFF) Local 1909 Firefighters.

J. To the extent authorized by law, all contributions under this section shall be made on a pre-tax basis. The employee assumes full responsibility and liability for tax consequences related to contributions to and/or withdrawals from the Trust.

K. Responsibility for the maintenance and investment of the Trust funds rests solely with the Trust’s Board of Trustees.

L. The City provides no guarantee to the employee regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this section shall constitute a guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All payments, in the form of employee contributions, to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan. The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in this resolution.

M. The City’s obligation to provide pre-tax deposits would remain subject to IRS rules as they may be revised in the future. Should the IRS later determine that these contributions are no longer permissible on a pre-tax basis, the City shall cease deducting such amounts from employee compensation.

N. Participation in the Trust shall be the complete and sole responsibility of the employee. The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the employee with respect to the Trust. The City has no fiduciary duty with respect to the Trust.

CalPERS Pension Benefits

Payment of Employers' PERS Contributions

(A) Employees Hired Before January 1, 2013

The provisions described in this Section A apply only to CalPERS eligible employees hired before January 1, 2013, or to eligible employees hired after that date who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c), referred to as CalPERS “Classic Members.”

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The City shall continue to provide CalPERS Classic Members with retirement benefits in accordance with the existing contract with PERS, and all amendments to that contract, including:

1. Section 21362.2 – 3% @ 50 Retirement Formula;

2. Section 20042 – Final Compensation 1 year;

3. Section 20965 – Unused Sick Leave Credit;

4. Section 21547.7 – Alternative Death Benefit for Local Fire Members Credited with 20 or More Years of Service;

5. Section 21573 – 1959 Survivor Benefits Level 3;

6. Section 21329 – 2% Annual Cost-of-Living Allowance Increase;

7. Section 20516 – Member Sharing Cost of Optional Benefit;

8. Section 20903 – Additional Service Credit 2 Years;

9. Section 21551 – Pre Retirement Death Benefit to Continue after Remarriage;

10. Section 21027 – Military Service Credit for Retired Persons;

11. Section 21024 – Military Service Credit for as Public Service;

12. Section 21635 – Post-Retirement Survivor Allowance to Continue after Remarriage;

13. Section 21624/21626 – Post-Retirement Survivor Allowance;

14. Section 21620 – Retired Death Benefit; and

15. Section 20055 – Prior Service.

As long as the annual Normal Cost required by PERS for the fiscal year is at least thirty percent (30.00%), and as authorized by Government Code Section 20516 (Optional Benefits, Cost Sharing), “Classic” bargaining unit members shall be responsible for payment of the nine percent (9%) employee retirement contribution plus an additional six percent (6%) of their salaries (for a total of 15%) to the California Public Employees’ Retirement System (CalPERS) as payment of the City’s employer contributions (Employer Cost-Share) that the City would otherwise be required to pay to CalPERS for these employees. Said contribution shall be credited to each member’s account as a normal contribution.

The balance, if any, of this contribution shall constitute employee payment of a portion of the employer’s fifty percent (50%) of normal cost as determined by CalPERS. The term “normal cost” is defined in section 7522.04(g) of the Government Code as “the portion of the present value of projected benefits under the defined benefit that is attributable to the current year of service, as determined by the public retirement system’s actuary according to the most recently completed valuation.”

(B) Employees Hired on or After January 1, 2013

This Section B shall apply to CalPERS eligible employees hired on or after January 1, 2013, who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02(c). Referred to as CalPERS “New Members.” The retirement plan for these employees shall be the retirement plan which the City is required to provide for new members pursuant to California Public Employees’ Pension Reform Act of 2013.

i. As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply.

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ii. As required by Government Code Section 7522.32, for the purposes of determining a retirement benefit for these employees, final compensation shall mean the highest average annual pensionable compensation earned during thirty-six (36) consecutive months of service.
iii. As required by Government code Section 7522.30, employees shall have an initial contribution rate of fifty percent (50%) of the total normal cost rate as defined in Section 7522.04(g).
iv. Other contracted benefits include:

1. Section 20965 – Unused Sick Leave Credit;

2. Section 21547.7 – Alternative Death Benefit for Local Fire Members Credited with 20 or More Years of Service;

3. Section 21573 – 1959 Survivor Benefits Level 3;

4. Section 21329 – 2% Annual Cost-of-Living Allowance Increase;

5. Section 20516 – Member Sharing Cost of Optional Benefit;

6. Section 20903 – Additional Service Credit 2 Years;

7. Section 21551 – Pre Retirement Death Benefit to Continue after Remarriage;

8. Section 21027 – Military Service Credit for Retired Persons;

9. Section 21024 – Military Service Credit for as Public Service;

10. Section 21635 – Post-Retirement Survivor Allowance to Continue after Remarriage;

11. Section 21624/21626 – Post-Retirement Survivor Allowance;

12. Section 21620 – Retired Death Benefit; and

13. Section 20055 – Prior Service.

New members shall continue to pay a total of fifteen percent (15%) of reportable wages to fund their pension until such time that a successor agreement is negotiated. The fifteen percent (15%) of reportable wages is comprised of the CalPERS published employee rate, plus the additional contribution to the City’s employer rate that the City would otherwise be required to pay to CalPERS for these employees. Under Section 20516, the additional contributions are as follows:

Effective the pay period including July 1, 2023, 3.75%

If CalPERS enacts another change to the employee rate as reflected in the Annual Valuation Report, the parties will amend this side letter to ensure it accurately reflects new members pay a total of fifteen percent (15%) of reportable wages to fund their pension. This contribution represents the employee’s fifty percent (50%) of normal cost as determined by CalPERS. The balance, if any, of this contribution shall constitute employee payment of a portion of the employer’s 50% of normal cost as determined by CalPERS. In no event shall the employee contribution be less than fifty percent (50%) of the total normal cost rate, as required by Government Code Section 7522.30.

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Longevity Pay

The Fire Chief is eligible to receive longevity pay as follows:

Upon completion of fifteen (15) years of service as an employee of the City shall receive a two percent (2%) longevity pay premium on the fifteenth (15th) anniversary, and an additional one percent (1%) longevity pay premium on each succeeding anniversary up to and including the member’s twenty-fifth (25th) anniversary.

Education Incentive Program

The Fire Chief is eligible to participate in the Education Incentive Program as follows:

A. Qualification Requirements.

1. Candidates must complete a minimum of fifty (50) hours of approved study and training during each qualification period as defined below.

a) Employees shall be eligible for additional compensation as defined in Section 4(a) on July 1 providing, they have completed necessary program requirements between January 1 and June 30 during the preceding twelve (12) months. Recertification as required shall take place during the following twelve (12) month period.

b) Employees shall be eligible for additional compensation as defined in Section 4(a) on January 1 providing, they have completed necessary program requirements between July 1 and December 31 during the preceding twelve (12) months. Recertification as required shall take place during the following twelve (12) month period.

2. Approved Study and Training.

(a) Credit will be provided for approved study and training in accredited outside training programs (defined below) provided courses taken do not substantially duplicate the in-service training provided by the Hayward Fire Department.

(b) Candidates may take courses in accredited public or private schools, colleges, or universities if the courses are identified as courses that would improve their efficiency, knowledge, or competency in the performance of their duties.

(c) Candidates may receive credit for participation in California Fire Training Courses offered by the state Department of Education Fire Training Program. Credit for participation in these courses shall be on the basis of one (1) hour of credit for each hour of classroom study.

(d) Enrollment in correspondence courses and educational television courses may be approved providing such courses are acceptable for credit towards a baccalaureate degree by a college or university with maximum accreditation from the Western Association of Schools and Colleges. Such courses must also be consistent with the general aims and requirements of the program.

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(e) Four (4) or more units of approved public school, college, or university work shall be equivalent to fifty (50) hours of classroom study. Credit for special classroom study or training obtained by participation in state Fire Training Courses or other approved sources may be combined with college enrollment to obtain the required fifty (50) hours only upon approval of the Fire Chief.

(f) Candidates who wish to enroll in an outside school, college, or university must submit, in advance of enrollment, a report to the Fire Chief for approval showing the name of the school, the subject, the number of credits or units, the name of the instructor, and the class schedule.

Candidates who wish to appeal the decision of the Fire Chief with respect to the suitability of intended training or course work, may do so by fully stating their position in writing to the Program Review Committee whose decision shall be final.

g) Candidates attending outside schools, colleges, or universities will be required to complete the selected course of study with a minimum grade of "C" or its equivalent. Transcripts or other official notification from the institution shall be furnished to the Fire Chief. For non-graded courses or training programs, a certificate of completion together with evidence of satisfactory attendance shall be required.

3.Teaching.

(a) Candidates who hold a valid California teaching credential or who have completed the requirements for the teaching credential may secure credit by teaching without compensation in an accredited fire service training program or school.

B. Additional Compensation.

1. Employees completing fifty (50) hours of approved study or training during the appropriate qualification period shall receive additional compensation of two and one half percent (2.5%) above the salary step currently held. Said compensation shall be paid for a twelve (12) month period as defined in Section A above.

2. A candidate who obtains an Associate Degree in Fire Science or an appropriately related field as determined by the Program Review Committee shall be entitled to additional compensation of two and one half percent (2.5%) above the salary step currently held. This additional compensation shall be considered "permanent" and not subject to re- qualification requirements. Credit under this section will be allowed for approved state Fire Training Courses successfully completed by employees on the basis of eighteen (18) hours of classroom study being equivalent to one (1) "quarter" unit of academic work (equivalent quarter unit). A maximum substitution of thirty (30) "equivalent quarter units" will be allowed in qualifying for the compensation allowed by this section.

Candidates who have completed ninety (90) quarter units or more of academic work with thirty (30) units in Fire Science, but who do not possess an Associate Degree, may apply to the Fire Chief for the additional compensation authorized by this section. The Fire Chief may either approve such request or refer it to the Program Review Committee for determination. The decision of the Program Review Committee shall be final.

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3. A candidate who obtains a Bachelor's Degree shall be entitled to additional compensation of five percent (5%) above the salary step currently held provided said degree was obtained during the course of employment in the Hayward Fire Department. Compensation shall be provided under this section to candidates who obtained a Bachelor's Degree prior to employment provided that they hold a Fire Science Certificate, or its equivalent, as determined by the Program Review Committee. For the purpose of this section, the work required for a Fire Science Certificate shall be the program requirements currently in effect at Chabot College, Hayward. Candidates who have completed two hundred (200) quarter units or more of academic work with thirty (30) units in Fire Science, but who do not possess a Bachelor's Degree, may apply to the Fire Chief for the additional compensation authorized by this section. The Fire Chief may either approve such request or refer it to the Program Review Committee for determination. The decision of the Program Review Committee shall be final.

4. Employees who qualify for additional compensation under paragraphs B2 and B3 above may obtain an additional two and one half (2.5) salary increase without the need to continue their work in the program as set forth in paragraph B1.

5. Employees who qualify for additional compensation under B3 above and who have completed two hundred and forty (240) hours of additional education calculated at a maximum of forty-eight (48) hours per year shall be entitled to additional permanent compensation of seven and one half percent (7.5%) above the salary step currently held without the need to continue work in the program as required in B3 above.

6. In no event shall any employee receive an Education Incentive Premium in excess of seven and one-half percent (7.5%) by reason of their participation in this program.

7. The City will report all of the above outlined educational incentives in Section 12.01 Fire Education Incentive Program to CalPERS as special compensation.

C. Program Review Committee.

A Program Review Committee consisting of the City Manager, Fire Chief, Director of Human Resources, or their designated alternates, and two representatives of the Association eligible to participate in the Program shall assist in its administration. The committee shall resolve questions of eligibility, hear appeals from candidates with respect to acceptability of course work or training programs, and decide any other questions which may arise in the administration of the program and (or) interpretation of this section. A quorum of three (3) voting members shall be required, and decisions of the committee shall be by majority vote of those in attendance.

D. General Instructions.

1. Each course of study, training, or teaching assignment must be approved in advance by the Fire Chief.

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2. All time spent in qualifying for the program shall be off-duty time and shall entail no cost to the City, nor shall compensation be received from any other source. Benefits allowed an employee under the "GI Bill" shall not be precluded by this section.

3. No credit will be given for seminars, workshops, or mandatory training programs.

Payment for Unused Sick Leave

Any employee leaving the employment of the City in good standing after having completed twenty (20) years of continuous service, or upon retirement from the City for service or disability, or upon termination of employment by reason of death shall receive payment for a portion of that sick leave earned but unused at the time of separation. The amount of this payment shall be equivalent to one percent (1%) of sick leave earned but unused at the time of separation times the number of whole years of continuous employment times an employee's hourly rate of pay at the time of separation. The sick leave pay out rate shall include nine percent (9%) CalPERS pickup for purpose of calculation. For the purpose of this computation, the hourly rate of pay for an employee who works a forty (40) hour week shall be the employee’s annual salary divided by two thousand eighty (2080) hours. Payment of unused sick leave for part-time employees shall be based upon the hourly rate of pay in effect at the time of separation. In lieu of payment for unused sick leave, the employee may receive credit for unused sick leave in accordance with Government Code Section 20965. In the event any unused sick leave is not applied to credit with CalPERS, the balance that is not used for these purposes shall be treated in accordance with the provisions set forth herein. That portion of an employee's sick leave balance for which payment is not provided shall be canceled and shall not be restored if said employee is reinstated

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APPENDIX D – Police Chief Position Benefits

CalPERS Pension Benefits

A. Employee CalPERS Contributions

The City will continue to contract with CalPERS to provide a retirement program for bargaining unit members. Benefits shall include:

1. Three percent (3%) at fifty (50) benefit formula

2. Third Level of 1959 Survivor Benefits

3. Post-Retirement Survivor Allowance

4. One (1) Year Final Compensation

5. Military Service Credit as Public Service

6. Military Service Credit for Retired Persons

7. Continuation of Pre-Retirement Death Benefits After Remarriage of Survivor

8. Continuation of Pre-Retirement Death Benefits After Remarriage of Survivor

These benefit plans require an employee (or member) contribution of nine percent (9%) from police safety employees. Employees shall pay the full employee contribution of nine percent (9%) which shall be paid by the employee on a pre-tax basis.

B. Cost Sharing of Employer Contributions
i. Employees Hired Before January 1, 2013

The provisions described in this subsection (a) apply only to CalPERS eligible employees hired before January 1, 2013, or to an eligible employee hired after that date who qualifies for pension reciprocity pursuant to Government Code Section 7522.02 (c). Referred to as CalPERS “Classic Members.”

As long as the annual Employer Contribution Rate required by PERS for the fiscal year beginning July 1, 2014 is at least thirty percent (30.00%), and as authorized by Government Code Section 20516 (Optional Benefits, Cost Sharing), “Classic” bargaining unit members shall be responsible for payment of the nine percent (9%) employee retirement contribution plus an additional six percent (6%) of their salaries (for a total of 15%) to the California Public Employees’ Retirement System (CalPERS) as payment of the City’s employer contributions that the City would otherwise be required to pay to CalPERS for these employees. Said contribution shall be credited to each member’s account as a normal contribution.

ii. Employees Hired on or After January 1, 2013

This Section b shall apply to CalPERS eligible employees hired on or after January 1, 2013, who do not qualify for pension reciprocity pursuant to

Government Code Section 75522.02(c). Referred to as CalPERS “New Members.” The retirement plan for these employees shall be the retirement plan which the Attachment III

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City is required to provide new members pursuant to the California Public Employees’ Pension Reform Act of 2013.

As long as the annual Employer Contribution Rate required by CalPERS for the fiscal years beginning July 1, 2014, is at least thirty percent (30.00%), and as authorized by Government Code Section 20516 (Optional Benefits, Cost Sharing), “New” bargaining unit members shall pay a total of fifteen percent (15%) of reportable wages to fund their pensions. The fifteen percent (15%) of reportable wages is comprised of the CalPERS published employee rate, plus the additional contribution to the City’s employer rate that the City would otherwise be required to pay to CalPERS for these employees. Under Section 20516, the additional contributions are as follows:

Under Section 20516, after July 1, 2016, employees shall continue to pay an additional contribution of three percent (3.00%). If CalPERS enacts a change to the employee rate as reflected in the Annual Valuation Report, the parties will agree to a side letter to ensure it accurately reflects new members pay a total of fifteen percent (15%) of reportable wages to fund their pension. This contribution currently represents more than the employee’s fifty percent (50%) of the normal cost as determined by CalPERS. The amount paid in excess of fifty percent (50%) of the normal cost shall constitute employee payment of a portion of the employer’s fifty percent (50%) of the normal cost as determined by CalPERS. Said contributions over the fifty percent (50%) threshold shall be credited to each member’s account as a normal contribution.

In no event shall the employee contribution be less than fifty percent (50%) of the total normal cost rate, as required by Government Code Section 7522.30. In the event that fifty percent (50%) of the normal cost exceeds fifteen percent (15%), the employee contribution shall be increased to ensure that the employee contribution is fifty percent (50%) of the total normal cost rate in compliance with Government Code section 7522.30. The City agrees to meet and discuss, at the request of the HPMU, mutually acceptable adjustments to the terms negotiated herein in order to provide equitable treatment of classic and new PEPRA employees.

The City will continue to not treat these contributions as compensation subject to income tax withholding unless the Internal Revenue Service or Franchise Tax Board indicates that such contributions are taxable income subject to withholding.

Each employee shall be solely and personally responsible for any federal, state, or local tax liability of the employee that may arise out of the implementation of this Section or any penalty that may be imposed, therefore.

Continuous Service Pay

For the purpose of this Section only, continuous, paid experience in a relevant classification unique to the Hayward Police Department that is contiguous with the employee’s acceptance into the Police Academy shall be considered experience or the purpose of calculating years of continuous service and eligibility for continuous service pay.

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(a) Experience with the City of Hayward in a police officer sworn capacity for fifteen (15) years or more shall be entitled to “permanent” compensation of three percent (3%) above the basic salary step currently held.

(b) Experience with the City of Hayward in a police officer sworn capacity for twenty (20) years or more shall be entitled to “permanent” compensation of six percent (6%) above the basic salary step currently held.

Effective July 1, 2023:

(c) Experience with the City of Hayward in a police officer sworn capacity for twenty- four (24) years or more shall be entitled to “permanent” compensation of ten percent (10%) above the basic salary step currently held.

(d) Experience with the City of Hayward in a police officer sworn capacity for twenty- five (25) years or more shall be entitled to “permanent” compensation of eleven percent (11%) above the basic salary step currently held.

(e) Experience with the City of Hayward in a police officer sworn capacity for twenty- six (26) years or more shall be entitled to “permanent” compensation of twelve percent (12%) above the basic salary step currently held.

(f) Experience with the City of Hayward in a police officer sworn capacity for twenty- seven (27) years or more shall be entitled to “permanent” compensation of thirteen percent (13%) above the basic salary step currently held.

(g) Experience with the City of Hayward in a police officer sworn capacity for twenty- eight (28) years or more shall be entitled to “permanent” compensation of fourteen percent (14%) above the basic salary step currently held.

(h) Experience with the City of Hayward in a police officer sworn capacity for twenty- nine (29) years or more shall be entitled to “permanent” compensation of fifteen percent (15%) above the basic salary step currently held.

In no case will the Police Chief receive more than a total of fifteen percent (15%) above the basic salary step currently held by reason of the Police Chief’s continuous service, and in no case will the Police Chief receive more than a total of twenty-seven and one- half percent (27.5%) above the basic salary step currently held by reason of the Police Chief’s combined continuous service and participation in the Police Education Incentive Program as outlined below.

Police Education Incentive Program

Police Chief completing the approved study or training requirements in accordance with the Continuing Education Requirements section of the Police Education Incentive Program policy during the appropriate qualification period shall receive additional compensation of two and one-half percent (2.5%) above the salary step currently held.

Said compensation shall be paid for a twelve (12) month period (26 bi-weekly pay periods). The Professional Certification Program established by the California Commission on Peace Officer Standards and Training (POST) shall be made a part of Attachment III

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this policy, and all future revisions to the Professional Certificate Program shall automatically be incorporated herein.

A Police Chief who obtains a POST Intermediate Certificate shall be entitled to additional compensation of two and one-half percent (2.5%) above the salary step currently held. It shall be considered “permanent” and not subject to re-qualification requirements. The additional compensation shall be retroactive to the date the Police Chief is eligible for and submits their application for the POST Intermediate Certificate and their Incentive Pay Request to the Personnel and Training Bureau.

A Police Chief who obtains a POST Intermediate Certificate and who possesses a four (4)-year (BA or BS) degree or higher shall be entitled to compensation of five percent (5%) above the basic salary step currently held. It shall be considered “permanent” and not subject to re-qualification requirements. The additional compensation shall be retroactive to the date the Police Chief is eligible for and submits their application for the POST Intermediate Certificate and their Incentive Pay Request to the Personnel and Training Bureau.

Police Chief who obtains a POST Advanced Certificate shall be entitled to compensation of seven and one-half percent (7.5%) above the basic salary step currently held. It shall be considered “permanent” and not subject to re-qualification requirements. The additional compensation shall be retroactive to the date the Police Chief is eligible for and submits their application for the POST Advanced Certificate and their Incentive Pay Request to the Personnel and Training Bureau.

Police Chief who obtains an Advanced Certificate and who possess a Master’s degree shall be entitled to additional “permanent” compensation of ten percent (10%) above the salary step currently held.

Police Chief who obtains a POST Management Certificate and who possess a Master’s degree shall be entitled to compensation of twelve and one-half percent (12.5%) above the basic salary step currently held. It shall be considered “permanent” and not subject to re- qualification requirements. The additional compensation shall be retroactive to the date the Police Chief is eligible for and submits their application for the POST Management Certificate and their Incentive Pay Request to the Personnel and Training Bureau.

Under this Section, the Police Chief is only eligible to receive additional compensation under Subsections (b), (c), (d), (e), or (f) provided in the table below. The Police Chief cannot combine differentials under (b) through (f). As an exception, the Police Chief receiving additional compensation under Subsections (b) through (f) would also be eligible to receive the two and one-half percent (2.5%) as outlined in Subsection (a) provided they comply with the requirements of that Subsection.

Attachment III

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1Can be combined with incentives earned under (b), (c), (d), (e) or (f).

In no case will the Police Chief receive more than a total of fifteen percent (15%) above the basic salary step currently held by reason of the Police Chief’s participation in the program, and in no case will the Police Chief receive more than a total of twenty-seven and one-half percent (27.5%) above the basic salary step currently held by reason of the Police Chief’s combined participation in the Police Education Incentive Program and continuous service in a sworn capacity as outlined above, Continuous Service Pay.

Attachment III

ATTACHMENT IV