Tuesday, December 2, 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
December 2, 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: CC1202@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 883 2300 5115
Password: 7387002467
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
BOARD OF DIRECTORS MEETING
CALL TO ORDER: Mayor/GHAD Chair Salinas
Pledge of Allegiance: Council/GHAD Member Bonilla Jr.
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
December 2, 2025City Council Agenda
ROLL CALL
PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the GHAD Board on items not listed on the agenda.
As the GHAD Board is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to GHAD staff.
CONSENT
Approve the Geologic Hazard Abatement District Board (GHAD) Minutes of the Board Meeting of October 28, 2025
MIN 25-1251.
Attachments: Attachment I GHAD Minutes of 10/28/2025
LEGISLATIVE BUSINESS
Resolution 25-03 Holding a Public Hearing to Approve the Annexation of the Parcel Group 3 Development into the
Hayward Geologic Hazard Abatement District and Approving the Draft Plan of Control for the Parcel Group 3 Development (Report from GHAD Manager Ralston)
LB 25-043
2. Attachments: Attachment I GHAD Staff Report
Attachment II GHAD Resolution 25-03
Attachment III Resolution 25-03 Attachments 1 and 2
Resolution 25-04 Declaring GHAD’s Intent to Order an
Assessment for the Parcel Group 3 Development and Set a Public Hearing at Least 45 Days After Written Notice is Provided to Consider the Proposed Assessment and any
Protests Thereto (Report from GHAD Manager Ralston)
LB 25-044
3. Attachments: Attachment I GHAD Staff Report
Attachment II GHAD Resolution 25-04
Attachment III Resolution 25-04 Exhibit A - Att 1-4
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
December 2, 2025City Council Agenda
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.
December 2, 2025City Council Agenda
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CLOSED SESSION ANNOUNCEMENT
November 12, 2025
December 2, 2025
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.
PRESENTATION
Beautiful Yard Contest Award Presentation
December 2, 2025City Council Agenda
CONSENT
Adopt a Resolution Authorizing the Purchase of a Ford
Combination Meter Test Bench with Automated Measuring
System II (AMSII) in a Not-to-Exceed Amount of $200,000 to Enhance the Water Meter Testing Process
CONS 25-513
1. Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Up to $100,000 Annually for the Next Five Years from the Fairview Fire Protection District for Special Projects CONS 25-515
2. Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with ESRI for a Small Municipal and County Government Enterprise Agreement (SGEA) in a
Not-to-Exceed Amount of $126,000 Annually
CONS 25-523
3. Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Approve an Increase to the Existing Contract with West Coast Code Consultants for Plan Review Services for the Hayward Fire Department in a Not-To-Exceed Amount of $250,000 Over
Three Years
CONS 25-526
4. Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Awarding a Professional Services
Agreement for Investment Portfolio Management Services to PFM Asset Management LLC for a Period of Three-Years with Two Optional One-Year Extensions
CONS 25-527
5. Attachments: Attachment I Staff Report
Attachment II Resolution
December 2, 2025City Council Agenda
Adopt an Ordinance Amending Reach Codes for the City of Hayward by Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2); and Amending the Building Code of the City of Hayward (Chapter 9, Article 1) of the Hayward
Municipal Code
CONS 25-528
6. Attachments: Attachment I Staff Report
Attachment II Summary of Ordinance
Adopt an Ordinance Establishing a Building Code for the City of Hayward; Regulating the Construction, Alteration, Repair, and Maintenance of Structures; Providing for the Issuance of Permits and Collection of Fees; Repealing Chapter 9 Article 1, and All Amendments Thereto
CONS 25-529
7. Attachments: Attachment I Staff Report
Attachment II Summary of Ordinance
Adopt an Ordinance Establishing a Fire Prevention Code for the City of Hayward; Adopting the California Fire Code, 2025 Edition, Prescribing Regulations Governing Conditions
Hazardous to Life and Property from Fire or Explosion;
Providing for the Issuance of Permits and Collection of Fees; Providing for Penalties for Violation, and Repealing Ordinance No. 22-10, as Amended, and All Other Ordinances and Parts of Ordinances in Conflict Therewith
CONS 25-530
8. Attachments: Attachment I Staff Report
Attachment II Summary of Ordinance
Adopt an Ordinance Establishing a Wildland-Urban Interface Code for the City of Hayward; Adopting the 2025 California Wildland-Urban Interface Code, Title 24, Part 7, Prescribing Regulations Governing the Establishment of Minimum Special Regulations for the Safeguarding of Life and Property from the Intrusion of Fire from Wildland Fire Exposures and Fire Exposures from Adjacent Structures and to Prevent Structure Fires from Spreading to Wildland Fuels, Even in the Absence of Fire Department Intervention; Repealing Resolution No.
93-037 and All Other Parts of Ordinances in Conflict Therewith CONS 25-531
9. Attachments: Attachment I Staff Report
Attachment II Summary of Ordinance
December 2, 2025City Council Agenda
Adopt Resolutions Authorizing the City Manager to Execute Amendments to the Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers
Relating Primarily to: 1) Reducing the Requirement for
Purchase of Minimum Water Supply Quantity for the Alameda County Water District, City of Milpitas, City of Mountain View, and City of Sunnyvale; and 2) Updating Tier 2 Water Shortage Allocation Plan
CONS 25-538
10. Attachments: Attachment I Staff Report
Attachment II Resolution - Water Supply Agreement
Attachment III Resolution - Drought Response Plan
Adopt Resolution Authorizing the City Manager to Apply for a State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) Loan and Approve Reimbursement Resolution in Support of SWRCB SRF Loan Application for the Water
Resource Recovery Facility (WRRF) Improvements - Phase II Project
CONS 25-537
11. Attachments: Attachment I Staff Report
Attachment II Resolution - Application
Attachment III Resolution - Reimbursement
WORK SESSION
City Budget Status Update: Oral Report by the City Manager as Information Becomes Available (Oral Report from Interim City Manager Addleman)
WS 25-040
12. LEGISLATIVE BUSINESS
Council-Appointed Officer’s Employment Agreement: Adopt a Resolution Approving Amendments to the Employment
Agreement between the City of Hayward and Interim City
Manager Jayanti Addleman and Authorize the Mayor to Execute the Amendment (Report from Mayor Salinas)
LB 25-042
13. Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Employment Agreement
December 2, 2025City Council Agenda
Fiscal Year 2026 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2026 (Report from Human Resources Director Tecson)
LB 25-045
14. Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY 2026 Salary Plan Effective 12/1/25
Attachment IV FY 2026 Salary Plan Effective 12/15/25
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 REGULAR MEETING, December 16, 2025, 7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed
in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
December 2, 2025City Council Agenda
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 25-125
DATE: December 2, 2025
TO: Geologic Hazard Abatement District Board
FROM: Geologic Hazard Abatement District Manager
SUBJECT
Approve the Geologic Hazard Abatement District Board (GHAD) Minutes of the Board Meeting of October 28, 2025
RECOMMENDATION
That the GHAD Board approves the GHAD meeting minutes of October 28, 2025.
SUMMARY
The GHAD Board held a GHAD Board meeting on October 28, 2025.
ATTACHMENTS
Attachment I GHAD Draft Minutes of 10/28/2025
CITY OF HAYWARD Printed on 11/21/2025Page 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, October 28, 2025
The Joint City Council/Hayward Geologic Hazard Abatement District Board meeting was called to order by Board Chair Salinas at 7:00 p.m.
ROLL CALL
Present: BOARD MEMBERS Zermeño, Roche, Bonilla, Syrop, Andrews, Goldstein and Chair Salinas
Absent: None
PUBLIC COMMENT
None.
CONSENT CALENDAR
1. Approve the GHAD Minutes of the Board Meeting of June 24, 2025. It was moved by Board member Andrews and seconded by Board member Roche to approve the minutes; the motion carried unanimously (7-0-0).
PUBLIC HEARING
2. GHAD Manager Haley Ralston presented the staff report regarding the Petition for Annexation of the Parcel Group 3 development (Parcel Map No. 11247) into the existing Hayward GHAD, along with the draft Plan of Control dated October 2, 2025. The Parcel Group 3 development is comprised of a multi-family residential building and educational building which was conditioned upon being annexed into the Hayward GHAD. The property owners— La Vista Hayward, L.P. and Strategic Growth Partners, Inc.— filed a Petition for Annexation with the GHAD Clerk on September 2, 2025. A draft Plan of Control has been prepared which is separate from the La Vista (The Reserve), Ersted (The Hideaway) and Hayward SoMi Plans of Control.
Following notice to the property owners, a public hearing shall be held no later than 20 days after the notice is sent.
There was no public comment on this item.
Board member Roche asked for confirmation of the location of the Parcel Group 3 development and that the parcel was previously publicly-owned property. She also requested GHAD staff confirm the annexation is occurring prior to completion of construction. Ms. Ralston confirmed 2 61203358.2/517102.0001
the location as along Tennyson and that the property was previously public property.
Assessments will be made against the property (as opposed to on each tenant) and the annexation will occur prior to completion of construction. Board member Roche also asked for assurance that, should an earthquake occur, there would be sufficient money in reserves to address the repair of this multi-family, multi-story building; Ms. Ralston stressed the importance of the GHAD building adequate reserves.
Board member Andrews asked whether there had been any comments or objections made to the petition for annexation and proposed assessments. Ms. Ralston indicated none had been received.
Board member Goldstein inquired what would happen if property owners did not want to be included. Ms. Ralston indicated the two property owners had petitioned the Board for annexation but that they would have the opportunity to object at the later public hearing.
Motion by Board member Goldstein (seconded by Board member Roche) to approve Resolution No. 25-02 to conduct a public hearing no less than 20 days following notice to property owners within the territory of the annexation to consider the proposed annexation into the Hayward GHAD and the draft Plan of Control, and hear any objections thereto; and to direct the GHAD Manager to send written notice to the affected property owners to consider the proposed annexation and the draft Plan of Control as required by GHAD Law. The motion carried unanimously (7-0-0).
3. GHAD MANAGER REPORT
The GHAD Manager reported that all the fall monitoring has been completed and all GHAD-maintained areas are performing well. The GHAD is preparing a flyer for all residents within the Hayward GHAD as new residents have moved in to the Hayward SoMi development.
The purpose of the flyer is to explain the purpose of the GHAD and GHAD activities.
Consistent with the earlier public hearing item, there will be future hearings scheduled before the end of the year and that staff will return to the Board to consider transfer of activities for the Hayward SoMi development before the end of the fiscal year.
GHAD BOARD MEMBERS’ REPORTS, REFERRAL, AND FUTURE AGENDA ITEMS
4. Board member Andrews requested the GHAD Manager coordinate with the City’s Public Safety Committee to address communications and coordinate in the event of an emergency geologic hazard event, such as an earthquake along the Hayward fault.
ADJOURNMENT
GHAD Board Chair Salinas adjourned the meeting at 7:15 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 25-043
DATE: December 2, 2025
TO: Geologic Hazard Abatement District Board
FROM: Geologic Hazard Abatement District Manager
SUBJECT
Resolution 25-03 Holding a Public Hearing to Approve the Annexation of the Parcel Group 3 Development into the Hayward Geologic Hazard Abatement District and Approving the Draft Plan of Control for the Parcel Group 3 Development
RECOMMENDATION
1. ADOPT the attached Resolution No. 25-03 to do the following:
(a) APPROVE the annexation of the Parcel Group 3 development to the Hayward GHAD. (b) APPROVE the draft Parcel Group 3 development Plan of Control.
SUMMARY
In approving the Parcel Group 3 development (PG3 development), which is improved with a multi-family residential building and an educational building, the City of Hayward included Infill Checklist Item No. 48 that required the PG3 development to be annexed into the existing Hayward Geologic Hazard Abatement District (GHAD). Consistent with GHAD law, the owners of the PG3 development, La Vista Hayward, L.P., and Strategic Growth Partners, Inc., filed a Petition for Annexation (“Petition”) with the GHAD Clerk on September 2, 2025. On October 28, 2025, with the approval of Resolution 25-02, the GHAD Board of Directors (GHAD Board) accepted the Petition and set a public hearing to take place on December 2, 2025, to consider the annexation request and hear any objections to the request. In addition, the GHAD Board is being asked to consider approval of the draft Plan of Control.
ATTACHMENTS
Attachment I GHAD Staff Report
Attachment II GHAD Resolution 25-03
Attachment III GHAD Resolution 25-03 Attachment 1&2
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
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15577.000.000
December 2, 2025
HAYWARD
GEOLOGIC HAZARD ABATEMENT
DISTRICT
TO: Hayward GHAD Board of Directors
FROM: GHAD Manager GHAD Attorney
BOARD MEETING DATE: DECEMBER 2, 2025
SUBJECT: Resolution 25-03 Holding a Public Hearing to Approve the Annexation of the Parcel Group 3 development
into the Hayward Geologic Hazard Abatement District
and Approving the Draft Plan of Control for the Parcel
Group 3 development
RECOMMENDATION(S):
1. ADOPT the attached Resolution No. 25-03 to do the following:
(a) APPROVE the annexation of the Parcel Group 3 development to the Hayward GHAD. (b) APPROVE the draft Parcel Group 3 development Plan of Control.
SUMMARY:
In approving the Parcel Group 3 development (PG3 development), which is improved with a multi-family residential building and an educational building, the City of Hayward included Infill Checklist Item No. 48 that required the PG3 development to be annexed into the existing Hayward Geologic Hazard Abatement District (GHAD). Consistent with GHAD law, the o wners of the PG3 development , La Vista Hayward, L.P., and Strategic Growth Partners, Inc. , filed a Petition for Annexation (“Petition”) with the GHAD Clerk on September 2 , 2025 . On October 28, 2025, with the approval of Resolution 25-02, the GHAD Board of Directors (GHAD Board) accepted the Petition and set a public hearing to take p lace on December 2, 2025, to co nsider the annexation request and hear any objections to the request. In addition, the GHAD Board is being asked to consider approval of the draft Plan of Control.
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.
Currently, The Reserve development (Tract 7620), The Hideaway development (Tract 8439), and the Hayward SoMi development (Tracts 8502 and 8614) are the existing developments within the GHAD . As a llowed by GHAD Law, the o wners of the PG3 development, La Vista Hayward, L.P., and Strategic Growth Partners, Inc. , submitted a Petition for Annexation into the Hayward GHAD (attached to Resolution No. 25-02). In 15577.000.000
December 2, 2025
approving the PG3 development, the City of Hayward imposed Infill Checklist Item No. 48 requiring that the PG3 development be annexed into the GHAD prior to recordation of the final map. To satisfy this requirement, the owner of the PG3 development has petitioned the GHAD Board for annexation into the GHAD. The territory to be annexed into the GHAD and the boundaries of the PG3 development are the same.
In connection with the proposed annexation, a draft Plan of Control dated October 2, 2025, has been prepared for the PG3 development and attached to the Petition for Annexation.
The draft Plan of Control is separate from Plans of Control adopted for the existing developments within the GHAD and describes the work co ntemplated for the PG3 development, including maintenance and monitoring activities for slopes, retaining walls, subdrains, storm drain facilities, and concrete-lined drainage ditches. The dr aft Plan of Control has been reviewed by the GHAD Manager and GHAD Attorney. The draft Plan of Control will be finalized following incorporation of comments, if any, received from the GHAD Board during the annexation hearing.
On October 28, 2025, the GHAD Board of Directors accepted the Petition for Annexation of the PG3 development to the Hayward GHAD and adopted Resolution 25-02 to schedule a public hearing for December 2, 2025, to consider the annexation of the PG3 development into the Hayward GHAD.
NEXT STEPS:
If the Hayward GHAD Board approves annexation of the PG3 development into the Hayward GHAD and approves the draft Plan of Control, the Board will be asked to conduct a Public Hearing to consider approval of the Engineer’s Report for the PG3 development and issue a Notice of Intent to Order an Assessment.
FISCAL IMPACT:
La Vista Hayward, L.P., and Strategic Growth Partners, Inc., are responsible for funding all activities undertaken by the GHAD until such time 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 Hayward GHAD. Therefore, there is no fiscal impact on the City’s General Fund.
If annexation is approved, funding for the GHAD activities in the proposed annexed area to prevent, mitigate, abate, and control geologic hazards will be based on an assessment, and such funds 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 in accordance with Proposition 218. The proposed assessment does not impact or change the existing assessments for The Reserve (La Vista), Hideaway (formerly Ersted), and Hayward SoMi property owners in the GHAD.
15577.000.000
December 2, 2025
Prepared by: The GHAD Manager Ralston and GHAD Attorney Morrison
Recommended by: GHAD Manager Ralston
ATTACHMENTS:
A. Resolution No. 25-03
THE BOARD OF DIRECTORS OF HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
RESOLUTION NO. 25-03
RESOLUTION APPROVING THE ANNEXATION OF THE PARCEL GROUP 3
DEVELOPMENT INTO THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT AND APPROVING THE DRAFT PARCEL GROUP 3 PLAN OF CONTROL
WHEREAS, on March 1, 2016, the Hayward City Council approved Resolution No. 16 -030 ordering the formation of the Hayward Geologic Hazard A batement District (“GHAD”)and appointed itself to serve as the GHAD Board of Directors (GHAD Board); and WHEREAS, on October 2 8, 202 5, t h e GHAD Board adopted Resolution 2 5-02 scheduling a public hearing for December 2, 2025, to consider the proposed annexation and adoption of the draft Plan of Control. This hearing was noticed in accorda nce with Public Resources Code Sections 26557, 26561, 26562, and 26563; and
WHEREAS, the GHAD Board is now presented with and has reviewed the Petition for Annexation of Parcel Group 3 development to the Hayward GHAD (GHAD Petition), which is attached here to as Attachment 1 . The property proposed to be annexed into the GHAD is described in the legal description and identified in the boundary map set forth in Exhibits A and B to Attachment 1; and
WHEREAS, the GHAD Board was presented with and reviewed the draft Parcel Group 3 development Plan of Control (dated October 2, 2025), which is attached hereto as Attachment
2. The draft Parcel Group 3 development Plan of Control describes potential geologic hazards within the terri tory to be annexed and addresses the prevention, mitigation, abatement , and control of such hazards; and
WHEREAS, the draft Plan of Control is exempt from the provisions of the California Environmental Quality Act (Pub. Res. Code §§ 210 00 et. s eq.) in accordance with Public Resources Code sections 21080(b)(4) and 26559.
The Board of Directors of the GHAD HEREBY RESOLVES THAT:
1. This Resolution No. 25-03 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 GHAD Board hereby approves the annexation of the Parcel Group 3 development into the Hayward GHAD as described in the GHAD Petition, subject to the adoption of a resolution approving the annexation by the Hayward City Council as required under Public Resources code section 26581 and conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding pursuant to Proposition 218.
3. The Hayward GHAD Board hereby approves and adopts the draft Parcel Group 3 Attachment II
development Plan of Control as the final Plan of Control.
4. The recitals are incorporated herein by this reference.
This Resolution shall become effective immediately upon its passage and adoption.
HAYWARD, CALIFORNIA, DECEMBER 2, 2025
PASSED BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1 – Petition of Annexation
Attachment 2 – Parcel Group 3 Draft Plan of Control
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.
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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.
Strategic Growth Partners, Inc. Parcel Group 3
15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control
Page | 9 October 2, 2025
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
Page | 10 October 2, 2025
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.
Strategic Growth Partners, Inc. Parcel Group 3
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.
Strategic Growth Partners, Inc. Parcel Group 3
15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control
Page | 12 October 2, 2025
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.
Strategic Growth Partners, Inc. Parcel Group 3
15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control
Page | 13 October 2, 2025
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)
Strategic Growth Partners, Inc. Parcel Group 3
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.
Strategic Growth Partners, Inc. Parcel Group 3
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Page | 15 October 2, 2025
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.
Strategic Growth Partners, Inc. Parcel Group 3
15577.000.001 Hayward Geologic Hazard Abatement District (GHAD) Plan of Control
Page | 16 October 2, 2025
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
#
APN
78C-626-19
APN
78C-626-18
Expect Excellence
LONG-TERM OWNERSHIP AND MAINTENANCE
PARCEL GROUP 3
HAYWARD, CALIFORNIA
15577.000.001
AS SHOWN
1 NN
0 FEET
80 EXPLANATION
Subdrain Outlets
Onto Slope
Outlet for Offsite Subdrain
Connected to Catch Basin
Subdrain Tied Into
SD Manhole
ANNEXATION AREA BOUNDARY
PARCEL BOUNDARIES
PRIVATELY OWNED AND MAINTAINED PARCEL
SURFACE DRAINAGE DITCHES
GHAD MAINTAINED RETAINING WALLS
SUBDRAIN WITH ELEVATION IN FEET (SURVEYED BY
DESILVA GATES CONSTRUCTION)
SOLID SUBDRAIN LINE CONSTRUCTED TO CONVEY
WATER UNDER IMPROVEMENTS (EXTENSION OF OFFSITE
SUBDRAIN SYSTEM ENCOUNTERED DURING GRADING)
TENNYSON ROAD
EAST 16TH STREET
Subdrain Outlets
Into SD Encountered
During Grading
STORAGE VAULT #4
BIORETENTION BASIN #1
BIORETENTION BASIN #5
BIORETENTION BASIN #2
BIORETENTION BASIN #3
NOTE: No Grading
Information In Plans
NOTE: No Grading
Information In Plans
NOTE: No Grading
Information 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
#
? ?
?
?
?
?
Qaf/Qfs
Qls
JKks Qef/ JKks
JKk
Qc
Qfs
Qfs
Qfs
Jsv
Qaf/Qfs?
Qaf/Jsv?
Qef/ Qfs
Qef/ Qfs
Qef/ Qc
Qef/ Qc
Qc
Qef/ JKks
Qef/ Qls
74 15
35 50
64 36
2524
APN
78C-626-19
APN
78C-626-18
Expect Excellence
AS-BUILT GEOLOGIC MAP
PARCEL GROUP 3
HAYWARD, CALIFORNIA
15577.000.001
AS SHOWN
2 NN
0 FEET
80 EXPLANATION
FAULT MAPPED DURING GRADING AND PREVIOUSLY
COMPILED BY ENGEO, 2016 (QUERY WHERE UNKNOWN)
GEOLOGIC CONTACT
ANNEXATION AREA BOUNDARY
PARCEL BOUNDARIES
PREVIOUSLY PLACED HISTORIC ARTIFICIAL FILL, NOT
PART OF CURRENT GRADING
COLLUVIUM
LANDSLIDE DEPOSIT
ENGINEERED FILL UNDERLAIN BY LANDSLIDE DEPOSITS
Qaf
Qc
Qls
Jsv
JKk
JKks
Qfs
Qef/ Qc
Qef/ Qfs
Qef/ JKks
ENGINEERED FILL UNDERLAIN BY OLD COLLUVIAL DEPOSITS. COMPRESSIBLE
SURFICIAL DEPOSITS REMOVED DURING GRADING
ENGINEERED FILL UNDERLAIN BY SHEAR ZONE DEPOSITS. COMPRESSIBLE
SURFICIAL DEPOSITS REMOVED DURING GRADING
ENGINEERED FILL UNDERLAIN BY SHEARED KNOXVILLE FORMATION.
COMPRESSIBLE SURFICIAL DEPOSITS REMOVED DURING GRADING
KERATOPHYRE
KNOXVILLE FORMATION BEDROCK
SHEARED KNOXVILLE FORMATION SHALE AND CONGLOMERATE
SHEARED 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-6
K-7
K-2
R-1
KEYWAY BACKCUT
APN
78C-626-19
APN
78C-626-18
Expect Excellence
NN
0 FEET
80 EXPLANATION
R-1
ANNEXATION AREA BOUNDARY
PARCEL BOUNDARIES
LOCATION OF KEYWAY (SURVEYED BY DESILVA GATES
CONSTRUCTION)
LOCATION OF REMOVAL AREA
LOCATION OF DIFFERENTIAL FILL LOT TREATMENT
K-8
Top of Backcut
(Surveyed by
DeSilva Gates
Construction)
TENNYSON ROAD
EAST 16TH STREET
Subdrain Outlets
Into SD Encountered
During Grading
AS-BUILT REMEDIAL GRADING PLAN
PARCEL GROUP 3
HAYWARD, CALIFORNIA
15577.000.001
AS SHOWN
3 Subdrain Outlets
Onto Slope
Outlet for Offsite Subdrain
Connected to Catch Basin
Subdrain Outlets
Into SD Encountered
During Grading
SUBDRAIN WITH ELEVATION IN FEET
(SURVEYED BY DESILVA GATES
CONSTRUCTION)
SOLID SUBDRAIN LINE
CONSTRUCTED TO CONVEY WATER
UNDER IMPROVEMENTS (EXTENSION
OF OFFSITE SUBDRAIN SYSTEM
ENCOUNTERED 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.
Δ
Δ
Δ
Δ
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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 #: LB 25-044
DATE: December 2, 2025
TO: Geologic Hazard Abatement District Board
FROM: Geologic Hazard Abatement District Manager
SUBJECT
Resolution 25-04 Declaring GHAD’s Intent to Order an Assessment for the Parcel Group 3 Development and Set a Public Hearing at Least 45 Days After Written Notice is Provided to Consider the Proposed Assessment and any Protests Thereto
RECOMMENDATION
1. ADOPT the attached Resolution No. 25-04 to do the following:
(a) APPROVE Parcel Group 3 development Engineer’s Report; (b) DECLARE the GHAD’s intent to order an assessment for the Parcel Group 3 Development; and
(c) SET a public hearing date at least 45 days after notice is provided to consider the proposed assessment and any protests thereto.
SUMMARY
In approving the project which is comprised of a multifamily residential building and an educational facility, referred to as Parcel Group 3 development (PG3 development), the City’s Infill Checklist Item No. 48 required the PG3 development to be annexed into the existing Hayward Geologic Hazard Abatement District (GHAD). With the approval of Resolution No. 25-03, the GHAD Board of Directors (GHAD Board) approved annexation of the PG3 development into the Hayward GHAD and approved and adopted the Plan of Control. To secure a funding source for the PG3 development, an Engineer’s Report has been prepared to identify the funding of the GHAD-maintained improvements identified in the Plan of Control.
The Engineer’s Report recommends an assessment limit of $0.25472 per square foot of habitable space for GHAD services.
ATTACHMENTS
Attachment I GHAD Staff Report
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 2
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File #: LB 25-044
Attachment II GHAD Resolution 25-04
Attachment III GHAD Resolution 24-04 Exhibit A
CITY OF HAYWARD Printed on 11/21/2025Page 2 of 2
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15577.000.000
December 2, 2025
HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
TO: Hayward GHAD Board of Directors
FROM: GHAD Manager
GHAD Attorney
BOARD MEETING DATE: December 2, 2025
SUBJECT: Resolution 25-04 Declaring the GHAD’s Intent to Order an Assessment for the Parcel Group 3
development and Set a Public Hearing at least 45
days after Written Notice is Provided to Consider
the Proposed Assessment and any Protests
thereto.
RECOMMENDATION(S):
1. ADOPT the attached Resolution No. 25-04 to do the following:
(a) APPROVE Parcel Group 3 development Engineer’s Report;
(b) DECLARE the GHAD’s intent to order an assessment for the Parcel Group 3 Development; and
(c) SET a public hearing date at least 45 days after notice is provided to consider the proposed assessment and any protests thereto.
SUMMARY:
In approving the project which is comprised of a multifamily residential building and an educational facility, referred to as Parcel Group 3 development (PG3 development), the City’s Infill Checklist Item No. 48 required the PG3 development to be annexed into the existing Hayward Geologic Hazard Abatement District (GHAD). With the approval of Resolution No. 25-03, the GHAD Board of Directors (GHAD Board) approved annexation of the PG3 development into the Hayward GHAD and approved and adopted the Plan of Control. To secure a funding source for the PG3 development, an Engineer’s Report has been prepared to identify the funding of the GHAD-maintained improvements identified in the Plan of Control. The Engineer’s Report recommends an assessment limit of $0.25472 per square foot of habitable space for GHAD services.
15577.000.000
December 2, 2025
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.
On December 2, 2025, the GHAD Board of Directors held a public hearing on the proposed annexation of the PG3 development into the Hayward GHAD, and adopted Resolution 25-03 approving the annexation of the PG3 development into the Hayward GHAD and accepting the PG3 development Plan of Control.
A funding source has been secured for The Reserve (formerly La Vista), The Hideaway (formerly Ersted Property), and Hayward SoMi developments within the Hayward GHAD and it is now necessary to secure a funding source for the PG3 development annexation. Like the existing developments in the Hayward GHAD, the funding source is a real property assessment. This assessment for the multifamily residential building and the educational facility within the PG3 development is proposed to be imposed the first fiscal year after building permits are issued for the residential and educational buildings. The assessment is proposed to maintain the improvements in the PG3 development Plan of Control previously approved by the GHAD Board on December 2, 2025 (Resolution No. 25-03).
The proposed assessment is supported by the attached Engineer’s Report prepared by a registered professional engineer certified by the State of California, in accordance with Proposition 218 (attached as Attachment 1 to Resolution No. 25-04). The Engineer’s Report recommends an assessment limit of $0.25472 per square foot of habitable space (Fiscal Year 2025/26 dollars). The annual assessment limit would be adjusted annually based on the San Francisco-Oakland-Hayward Consumer Price Index (CPI).
The proposed assessment does not impact or change the existing assessments for the existing landowners in the GHAD.
To allow the GHAD Board to consider approval of the proposed assessment, the property owners of the PG3 development will be provided with a copy of the Engineer’s Report, a Notice of Intent to Order an Assessment, and a ballot (Resolution 25-04) following this meeting.
FISCAL IMPACT:
The developer is responsible for funding all activities undertaken by the GHAD up and until the GHAD Improvements, as defined in the Plan of Control, are accepted by the GHAD. Thereafter, the GHAD is funded 100% through assessments levied on properties within the Hayward GHAD. Therefore, there is no impact on the City’s General Fund.
15577.000.000
December 2, 2025
NEXT STEPS:
1. On January 27, 2026, the GHAD Board shall consider all protests against the proposed assessment. At the GHAD Board hearing, the GHAD Board shall not impose the assessment if there is a majority protest. If there is no majority protest, the GHAD Board shall authorize the assessment.
Prepared by: The GHAD Manager Ralston and GHAD Attorney Morrison
Recommended by: GHAD Manager Ralston
ATTACHMENTS:
A. Resolution No. 25-04
THE BOARD OF DIRECTORS OF HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
RESOLUTION NO. 25-04
RESOLUTION DECLARING THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT’S INTENT TO ORDER THE ASSESSMENT FOR THE PARCEL GROUP 3 DEVELOPMENT AND SET A PUBLIC HEARING AT LEAST 45 DAYS AFTER
WRITTEN NOTICE IS PROVIDED TO CONSIDER THE PROPOSED ASSESSMENT AND ANY PROTESTS THERETO.
WHEREAS, on March 1, 2016, the Hayward City Council approved Resolution No. 16-030 ordering the formation of the Hayward Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the Hayward Geologic Hazard Abatement District Board of Directors; and
WHEREAS, on October 28, 2025, the GHAD Board accepted a petition from Parcel Group 3, requesting annexation of Parcel Group 3 development into the GHAD; and
WHEREAS, on December 2, 2025, the GHAD Board held a public hearing on the proposed annexation and Parcel Group 3 development Plan of Control (Plan of Control) and thereafter adopted Resolution 25-03 approving the annexation and adopting the Plan of Control; and
WHEREAS, in order to pay for costs and expenses of maintaining and operating the GHAD improvements as set forth in the Plan of Control, a funding source must be established; and
WHEREAS, an Engineer’s Report has been prepared to support a real property assessment against the multifamily residential building and the educational facility at a Fiscal Year 2025/26 level of $0.25472 per square foot of habitable space for GHAD services and is attached as Attachment 1; and
WHEREAS, Public Resources Code sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIII(D) of the California Constitution imposes additional requirements for the levy and collection of said assessment; and
WHEREAS, the Engineer’s Report was prepared by the GHAD Manager to reflect the Plan of Control adopted by the GHAD Board on December 2, 2025, the GHAD Manager being a registered professional engineer, certified in the State of California, in compliance with Public Resources Code section 26651(a) and section 4(b) of Article XIII (D) of the California Constitution; the Engineer’s Report attached hereto as Attachment II
Attachment 1 sets forth the purpose of the Parcel Group 3 development portion of the GHAD, the estimated budget, the total assessment that will be chargeable to the Parcel Group 3 Development portion of the GHAD, the proposed estimated assessment to be levied against each parcel of property within the Parcel Group 3 development portion of the GHAD, and a description of the method used in formulating the estimated assessments; and
WHEREAS, the property within the Parcel Group 3 development portion of the GHAD is identified on the map attached as Attachment 2 and each parcel is proposed to be assessed.
The Board of Directors of the GHAD HEREBY RESOLVES THAT:
1. The GHAD Board declares its intention, consistent with the requirements of Article XIII (D) of the California Constitution, Public Resources Code sections 26650 et seq., Government Code section 53750, and Elections Code section 4000, to order that the cost and expense of maintaining and operating any GHAD improvements in the Parcel Group 3 development acquired or constructed pursuant to Public Resources Code sections 26500 et seq. shall be assessed against the property within the Parcel Group 3 development portion of the GHAD, which is benefited by the properties in this portion of the GHAD.
2. The GHAD Board shall not order this assessment if a majority protest exists within the Parcel Group 3 development portion of the GHAD as defined in Section 4(e) of Article XIII(D) of the California Constitution.
3. Each of the parcels identified in Attachment 2 will receive a particular and distinct special benefit in the form of GHAD facilities and services that are over and above the general benefits received by the general public. Specifically, the GHAD’s maintenance responsibilities include prevention and abatement of geologic hazards such as landslides and slope erosion within the Parcel Group 3 development portion of the GHAD. The GHAD will have responsibilities that include (a) maintenance of slopes, retaining walls, drainage ditches, subdrains, and storm drain systems, (b) functional aspects of water quality flow control basins and stormwater facilities, and (c) establishment of a reserve to fund, prevent, mitigate, abate or control geologic hazards within this area. These special benefits are described in detail in the Plan of Control.
4. Whenever a building permit is issued for any of the residential structures, or educational facilities identified in Attachment 2, that lot will be assessed based on the habitable square footage within the development described in the attached Engineer’s Report. The annual assessment amount for each product type was calculated by dividing the annual Parcel Group 3 development portion of the GHAD budget by the number of habitable square feet within each product type provided in the Engineer’s Report.
5. The GHAD Board has reviewed and considered the attached Engineer’s Report for the Parcel Group 3 development. The special benefit derived from the GHAD
by each parcel is proportionate to the entire cost of the Parcel Group 3 development portion of the GHAD, and the amount of the assessment is proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
6. The GHAD Board directs the GHAD Manager to mail or cause to be mailed, no later than three (3) days after adoption of this Resolution, the “Notice of Adoption of Resolution and Notice of Assessment” of the Public Hearing, in substantially the same form as in Attachment 3 (“Notice”) to the record owners of each parcel upon which the assessment will be imposed. The sealable Ballot, attached hereto as Attachment 4, and the GHAD Engineer’s Report, shall be attached to the Notice.
7. The GHAD Board will conduct a public hearing on January 27, 2026, at the chambers of the Hayward City Council at 777 B Street, Hayward, CA 94541 at 7 p.m. or thereafter. The GHAD Manager shall deliver all sealed ballots received from record owners of parcels within the Parcel Group 3 development portion of the GHAD to the GHAD Clerk at the public hearing. The ballots shall remain sealed until they are tabulated. The GHAD Board shall permit a change, withdrawal, or submittal of a ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the public hearing. The GHAD Board shall consider all protests against the proposed assessment. At the GHAD Board hearing, the GHAD Clerk, or some other impartial person not having a vested interest in the outcome of the proposed assessment, shall tabulate the ballots, and shall weight the ballots according to the proportional financial obligation of the affected property. The GHAD Board shall not impose the assessment if there is a majority protest as that term is defined by Section 4(e) of Article XIII (D) of the California Constitution. If there is no majority protest, the GHAD Board shall authorize the assessment. Following the public hearing, the GHAD Board shall consider the adoption of the canvas of votes for the GHAD.
8. Upon authorization of the assessment, the GHAD Board shall levy the authorized assessment on the multifamily residential building and the educational facility on the first fiscal year following the certificate of occupancy for each of those parcels on which the units and facility are located.
This Resolution shall become effective immediately upon its passage and adoption.
HAYWARD, CALIFORNIA, December 2, 2025
PASSED BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Exhibit A:
Attachment 1 – Engineer’s Report
Attachment 2 – Legal Description and Plat
Attachment 3 – Notice of Adoption of Resolution and Notice of Assessment Attachment 4 – Ballot
Copyright © 2025 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.
PARCEL GROUP 3 DEVELOPMENT ANNEXATION
HAYWARD, ALAMEDA COUNTY, CALIFORNIA
ENGINEER’S REPORT
FOR PARCEL GROUP 3 DEVELOPMENT
SUBMITTED TO
Hayward Geologic Hazard Abatement District
777 B Street
Hayward, CA 94541
PREPARED BY
ENGEO Incorporated
November 11, 2025
PROJECT NO.
15577.000.001
Attachment III
Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report
i of i November 11, 2025
TABLE OF CONTENTS
CERTIFICATION OF FILING .......................................................................................... 1 I. INTRODUCTION .................................................................................................... 3 II. BACKGROUND ..................................................................................................... 3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES .......................... 3 IV. SERVICE LEVELS ................................................................................................. 3 V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY THE GHAD .......... 4 VI. ASSESSMENT METHOD ...................................................................................... 4 VII. ASSESSMENT – BUDGET .................................................................................... 5 VIII. OWNER RESPONSIBILITIES ................................................................................ 6
EXHIBIT A – Legal Description and Plat
EXHIBIT B – Hayward GHAD Budget – Parcel Group 3 Development Annexation
Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report
Page | 1 November 11, 2025
ENGINEER’S REPORT
HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
PARCEL GROUP 3 DEVELOPMENT ANNEXATION
(Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.)
CERTIFICATION OF FILING
The Geologic Hazard Abatement District (“ GHAD”) provides monitoring and maintenance of improvements related to geologic hazard management within the Parcel Group 3 Development portion of the Hayward GHAD. The GHAD also levies and collect s assessments in order to perform its activities.
The GHAD responsibilities, which are the subject of this report, are defined as any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of improvement; or the issuance and servicing of bonds issued to finance any of the foregoing (Section 26505).
This report consists of eight parts, as follows:
I. INTRODUCTION
II. BACKGROUND
III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM
IV. SERVICE LEVELS
V. DESCRIPTION OF IMPROVEMENTS MAINTANED BY THE GHAD
VI. ASSESSMENT METHOD
VII. ASSESSMENT LIMIT - BUDGET PROJECTION
VIII. OWNER RESPONSIBILITIES
Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report
Page | 2 November 11, 2025
The undersigned respectfully submits the enclosed Engineer’s Report.
Date: July 23, 2025 By: ENGEO Incorporated
_________________________________________, GE
Uri Eliahu
I HEREBY CERTIFY that the enclosed Engineer’s Report was filed on the 23rd day of July 2025.
_________________________________________
Patricia Curtin
Attorney and Acting Clerk of the Board
Hayward Geologic Hazard Abatement District
Hayward, Alameda County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report was approved and confirmed by the GHAD Board on the 23rd day of July 2025.
_________________________________________
Haley Ralston
GHAD Manager
Hayward Geologic Hazard Abatement District
Hayward, Alameda County, California
Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report
Page | 3 November 11, 2025
ENGINEER’S REPORT
for
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
PARCEL GROUP 3 DEVELOPMENT ANNEXATION
HAYWARD, ALAMEDA COUNTY, CALIFORNIA
for the
ESTABLISHMENT OF AN ASSESSMENT LIMIT
I. INTRODUCTION
The Hayward City Council formed the Hayward Geologic Hazard Abatement District (“GHAD” or “District”) on March 1, 2016 (Resolution No. 16-030), under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. The GHAD Board of Directors approved the annexation of the Parcel Group 3 Development (“GHAD Annexation Area”) into the GHAD on August XX, 2025, with the approval of Resolution No. XX-XX. The members of the Hayward City Council act as the Board of Directors of the GHAD.
II. BACKGROUND
The Hayward GHAD Board of Directors approved the Plan of Control for the Parcel Group 3 Development Annexation (“Plan of Control”) with the approval of Resolution No. XX-XX on August XX, 202 5. The Plan of Control describes the GHAD’s responsibilities to permanently monitor and maintain GHAD improvements within the GHAD Annexation Area. This Engineer’s Report describes the establishment of an assessment level to fund GHAD activities necessary or incidental to geologic hazard mitigation, abatement, and control.
III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES
The boundaries for the GHAD Annexation Area are shown in the legal description and plat attached hereto as Exhibit A.
IV. SERVICE LEVELS
The GHAD’s Activities (defined in the Plan of Control) are those that are necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including construction, maintenance, repair, or operation of any improvement; and the issuance and servicing of bonds issued to finance any of the foregoing.
The GHAD provides for the administration and review of facilities within the budgeted limits, including the following services.
1. Oversight of GHAD operations, including reporting to the GHAD Board of Directors.
2. In conjunction with the Alameda County Assessor’s Office, setting the annual levying of assessments on the property tax rolls.
Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report
Page | 4 November 11, 2025
3. Engagement of technical professionals to perform the monitoring duties as described in the Plan of Control.
4. Performance of GHAD maintenance activities in accordance with the Plan of Control. These maintenance activities include:
• Surface Drainage Improvements : The GHAD maintain s 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 handles 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 maintain s the storm drainage system to support proper function and reduce geologic hazard risks.
• Retaining Walls: The GHAD maintain s retaining walls and drain outlets to preserve structural integrity.
• Geotechnical Monitoring Instruments (if any): The GHAD monitor s and maintain s geotechnical instruments used to track soil movement and other geotechnical factors. • Keyway Subdrains and Outlets: The GHAD maintains keyway subdrains and outlets to prevent blockages and sustain proper slope drainage.
• Geologic Hazard Abatement: The GHAD monitor s and mitigate s geologic hazards, including slope stability and erosion control.
5. Preparation of annual GHAD budgets for approval by the GHAD Board of Directors.
V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY
THE GHAD
The GHAD -maintained improvements are described in the Plan of Control. In general, these improvements include drainage systems, including concrete-lined ditches in developed areas and open space; open-space storm drain inlets and outlets; subdrains and outlets; and selected retaining walls.
VI. ASSESSMENT METHOD
The improvements and GHAD responsibilities described in Section V are distributed within the GHAD Annexation Area. The improvements described in this document will confer the following special benefits to the assessed parcels.
1. Protection from slope instability.
2. Protection from erosion due to uncontrolled surface water.
3. Protection of water quality.
Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report
Page | 5 November 11, 2025
The GHAD assessment is distributed among all residential and commercial/educational property owners within the GHAD Annexation Area. The improvements and responsibilities listed in Section IV provide specific benefits to the properties within the GHAD Annexation Area and the improvements are constructed for the benefit of those assessed and not the general public.
The GHAD Annexation Area consists of 214,693 planned square feet of habitable structures which include a childhood center, elementary school, and two residential complexes which include 176 units . The total area of habitable space within the GHAD Annexation Area was considered in light of the annual GHAD Annexation Area budget in developing the annual assessment limit.
The Engineer hereby finds that the planned structures within the GHAD Annexation Area receive approximately equal special benefit from the work and improvements within the GHAD based on the percentage of habitable square footage within each of the structures . As a result, the GHAD assessment for the GHAD Annexation Area is distributed among all owners of parcels as follows:
PRODUCT TYPE SQUARE FOOTAGE PERCENTAGE OF
TOTAL ASSESSMENT
Childhood Center 10,994 5.1%
Elementary School 35,460 16.5%
Residential – Building 1 84,829 39.5%
Residential – Building 2 83,460 38.9%
TOTAL 214,693 100%
A financial analysis was performed to provide a framework for an operating budget for the on-going abatement, mitigation, prevention and control of geologic hazards within the GHAD Annexation Area. In preparation of the budget, several factors were considered including:
1. Site geology
2. Remedial grading
3. Proximity of geologic hazards to proposed structures
4. Improvements and structures
5. Site access considerations
6. Elements requiring routine maintenance, including:
• Surface drainage facilities
• Graded slopes
• Retaining walls
VII. ASSESSMENT – BUDGET
The purpose of this Engineer’s Report is to establish the assessment level and the apportionment of the assessment within the GHAD Annexation Area as required under Proposition 218. The annual budget in each subsequent fiscal year will apprise the GHAD Board of Directors of the estimated budget for the upcoming year.
Based on the estimated expenses for on -going operations, and allowing for larger (approximately $200,000) geologic events at 20-year intervals and accumulation of a target reserve of $ 510,000 by FY 2075/76 in FY 2025/26 dollars, a budget was prepared for the Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report
Page | 6 November 11, 2025
purpose of estimating initial assessment levels (Exhibit B). For the purposes of establishing an assessment limit, it was anticipated that the target reserve w ould accumulate over a 50 -year period; however, the target reserve may accumulate at a slower or more rapid rate than estimated depending on the GHAD’s actual expenses and revenues.
The Engineer recommends an annual assessment limit for the GHAD Annexation Area of $0.25472 per square foot of habitable space (Fiscal Year 2025/26 dollars). The proposed initial assessment level will be automatically adjusted annually on December 30 to reflect the percentage change in the San Francisco -Oakland-San Jose Consumers Price Index for All Urban Consumers. The assessments are to be levied in conjunction with the issuance of a certificate of occupancy for each of the structures.
While the assumptions and estimated expenses listed in Exhibit B were used to determine the assessment levels for the GHAD Annexation Area, they do not represent the actual budget for any one year of the GHAD’s operation, since assessment of the individual structures will be based on the issuance of building permits, which may occur over a number of years. In addition, the Engineer anticipates that the projected expense amounts will be reached over time and that these amounts will be inflation-adjusted in the year that the expenses occur.
Pursuant to the schedule set forth in Section 6.4 of the Plan of Control for the Parcel Group 3 Development, the GHAD reserve at the time of transfer must have a minimum of $114,910. In addition, all four planned structures shall be subject to the levy of the GHAD assessment. The minimum reserve amount represents the estimated total assessments that will be collected from within the Parcel Group 3 Development during the period the Owner is responsible for all GHAD activities. The reserve amount requirement may be satisfied by including remaining cash and receivables from the Alameda County Tax Collector during the period that the Owner of the Parcel Group 3 Development is responsible for performing the GHAD activities. Additional funds may be required of the developer in order to satisfy the above-stated minimum reserve requirement and shall be provided to the Hayward GHAD prior to its acceptance of the monitoring and maintenance responsibilities within the Parcel Group 3 Development.
VIII. OWNER RESPONSIBILITIES
La Vista Hayward, L.P. , (“Owner”) is responsible for managing and maintaining the GHAD Annexation Area until the GHAD accepts responsibility for the GHAD Improvements as set forth in the Plan of Control . In addition, the Owner is responsible for funding any necessary GHAD functions or business undertaken for the GHAD Annexation Area that the GHAD Officers or Board of Directors determine are necessary before the GHAD accepts the GHAD Improvements. If the Owner fails to fund all or a portion of these costs, the costs shall be covered by the funds generated by and for the GHAD Annexation Area (i.e., t hrough the assessment) and the Owner shall be required to reimburse the GHAD for such costs before the GHAD can accept monitoring and maintenance responsibilities for the GHAD Improvements.
The GHAD may utilize funds generated by or for the GHAD Annexation Area to conduct any necessary GHAD functions or business for the GHAD Annexation Area required before the GHAD accepts the GHAD improvements. Such functions and business can include periodic reporting to the GHAD Board of Directors and work performed by GHAD Officers to verify the GHAD is implemented in accordance with the Plan of Control and GHAD Law.
EXHIBIT A
LEGAL DESCRIPTION AND PLAT
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.
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EXHIBIT B
BUDGET – November 11, 2 025
15577.000.001
November 11, 2025
Hayward Geologic Hazard Abatement District – Parcel Group 3 Development Annexation
Budget – November 11, 2025
A
SSUMPTIONS
Ap
proximate Total Habitable Space (square feet) 214,693
Annual Assessment per Habitable Structures (square feet) $0.25472 Annual Adjustment in Assessment (estimated) 2.0%
Inflation (estimated) 2.0%
Investment Earnings (estimated) 4.0%
Frequency of Large-Scale Repair (years) 20
Cost of Large-Scale Repair (current $) $200,000
ESTIMATED ANNUAL EXPENSES IN 2025/26 DOLLARS
Ad
ministration (Manager, Treasurer, Clerk, and Legal Counsel) $9,750 Outside Administration Services, Membership, and Insurance $2,462 Monitoring Activities $3,375
Maintenance and Operation $13,900
Capital Improvements $11,063
Major Repair (Annualized) $ 10,000
Miscellaneous & Contingency (10%) $4,055
Reserve $81
TOTAL
$54,686
52639197.1/517102.0
www.engeo.com
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.
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Attachment 3 to Resolution No. 25-04
NOTICE OF (1) ADOPTION OF RESOLUTION NO. 25-04 BY THE BOARD OF DIRECTORS
OF THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT,
(2) PROPOSED ASSESSMENT, AND
(3) PUBLIC HEARING FOR JANUARY 27, 2026
On March 1, 2016, the Hayward City Council adopted Resolution No. 16-030, ordering the formation of the Hayward Geologic Hazard Abatement District (GHAD) and itself to serve as the Board of Directors of the GHAD (GHAD Board).
NOTICE IS HEREBY GIVEN that:
On December 2 , 202 5, the GHAD Board adopted Resolution No. 25-04 declaring its intention to impose an assessment on the property included in the GHAD and directing that a public hearing be scheduled to consider adoption of this assessment to finance the GHAD activities within the Parcel Group 3 development portion of the GHAD. The total yearly estimated budget for the Parcel Group 3 development within the Hayward GHAD as set forth in the current Engineer’s Report is$54,686. If the assessment is adopted, each habitable square foot within the multifamily residential unit and the educational facility will be assessed a maximum of $0.025472 per year (Fiscal Year 2025/2026 dollars), plus an annual adjustment to reflect the percentage change in the San Francisco-Oakland-Hayward Consumers Price Index (CPI) for All Urban Consumers. The assessment will be levied beginning in the first fiscal year after issuance of a building permit and the assessment will continue to be levied in perpetuity.
The attached Engineer’s Report (dated November 11 , 202 5) for the Parcel Group 3 development portion of the GHAD was prepared by a registered engineer , certified in the State of California, and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Engineer’s Report specifically sets forth the yearly estimated budget, the total assessment, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessment. A copy of GHAD Board Resolution No . 25-04 is available for inspection at ENGEO Incorporated, 2633 Camino Ramon, Suite 250, San Ramon, CA 94583.
The GHAD Board wil l conduct the public hearing on January 27, 2026 , at 7:00 p.m. at Hayward City Hall, 777 B Street, Hayward, CA 94541, on the proposed assessment.
The following paragraph provides the procedure for returning and tabulating the ballots .
Copies of this Notice, a sealable ballot, and the Engineer’s Report have been sent to each of the property owners within the Parcel Group 3 development portion of the GHAD.
The ballot may be completed and mailed or hand delivered to Hayward Geologic Hazard Abatement District, ℅ ENGEO Incorporated, GHAD Manager, 2633 Camino Ramon, Suite 250, San Ramon, CA 94583 or may be subm itted at the public hearing. Each ballot may be submitted, withdrawn, or change d at any time prior to the conclusion of the testimony on the proposed assessment at the public hearing. At the hearing, the GHAD Clerk shall tabulate the ballots and the GHAD Board shall consider any objections or protests to the assessment and certify the tabulation of the ballots.
The GHAD Board shall not impose the assessment if there is a majority protest . A majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submit ted in favor of the assessment. In tabulating the ballots,
Attachment 3 to Resolution No. 25-04
the ballots shall be weighted according to the proportional financial oblig ation of the affected property.
Inquiries regarding the proposed assessment may be made by mail to: Hayward GHAD ℅ ENGEO Incorporated, Attn: Haley Ralston, 2633 Camino Ramon, Suite 250, San Ramon, CA 94583, by phone at (925) 866-9000, or by e-mail at [email protected].
Enclosures: Engineer’s Report(dated November 11, 2025)
Sealable Ballot
Attachment 4 to Resolution No. 25-04
BALLOT
Hayward Geologic Hazard Abatement District
Identification of Parcel: Assessor’s Parcel Numbers(s) ___________________________________ Record Owner: ___________________________________________________________________ ____________ Yes, I approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. ____________ No, I do not approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. _____________________________________________________
Signature of Record Owner or Authorized Representative of the above identified parcel(s)
Dated:
Mail or deliver sealed Ballot to:
Hayward Geologic Hazard Abatement District
c/o ENGEO Incorporated, GHAD Manager
Attention: Haley Ralston
2633 Camino Ramon, Suite 250
San Ramon, CA 94583
or
Present in Person at the 7:00 p.m. January 27, 2026, Public Hearing Hayward Geologic Hazard Abatement District Board of Directors Hayward City Hall, 777 B Street, Hayward, CA 94541
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-513
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the Purchase of a Ford Combination Meter Test Bench with Automated Measuring System II (AMSII) in a Not-to-Exceed Amount of $200,000 to Enhance the Water Meter Testing Process
RECOMMENDATION
That the City Council adopt a resolution (Attachment II) authorizing the City Manager to purchase a Ford Combination Meter Test Bench with Automated Measuring System II (AMSII) in an amount not-to-exceed $200,000 to Enhance the Water Meter Testing Process.
SUMMARY
On October 17, 2025, the City issued a Request for Quote (RFQ), through the City’s procurement portal, for the purchase of a Ford Combination Meter Test Bench with AMSII. This equipment will enhance the Public Works & Utilities’ Water utility meter testing by improving measurement accuracy, supporting water conservation efforts, and ensuring compliance with state water loss performance standards. The City’s existing meter test bench, which has been in service for more than 60 years, no longer meets the operational needs of the program. Due to the large number of meters that must be tested annually, a modernized test bench with automated features is necessary to improve efficiency, reduce human error, and streamline the testing process.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
powered by Legistar™
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the Purchase of a Ford Combination Meter Test Bench with Automated Measuring System II (AMSII) in a Not-to-Exceed Amount of $200,000 to Enhance the Water Meter Testing Process
RECOMMENDATION
That the City Council adopt a resolution (Attachment II) authorizing the City Manager to purchase a Ford Combination Meter Test Bench with Automated Measuring System II (AMSII) in an amount not-to-exceed $200,000 to Enhance the Water Meter Testing Process.
SUMMARY
On October 17, 2025, the City issued a Request for Quote (RFQ), through the City’s procurement portal, for the purchase of a Ford Combination Meter Test Bench with AMSII. This equipment will enhance the Public Works & Utilities’ Water utility meter test ing by improving measurement accuracy, supporting water conservation efforts, and ensuring compliance with state water loss performance standards. The City’s existing meter test bench, which has been in service for more than 60 years, no longer meets the operational needs of the program. Due to the large number of meters that must be tested annually, a modernized test bench with automated features is necessary to improve efficiency, reduce human error, and streamline the testing process.
FISCAL IMPACT
There are no impacts to the General Fund or Measure C.
The adopted FY26 budget has a total of $200,000 for this project in Project No. 07082 in the Water Replacement Fund (Fund 603), which is an Enterprise Fund.
BACKGROUND
The Public Works & Utilities’ Water utility is responsible for ensuring accurate water usage measurement for all residential, commercial, and industrial customers within the City of
Hayward’s service area. Accurate metering is essential for billing, monitoring system performance, and identifying potential water loss. To maintain accuracy and reliability, water meters must be regularly tested and calibrated using specialized equipment, specifically, a water meter test bench.
City staff reviewed several available products and visited nearby agencies to see their meter testing systems in use. Ford’s system received the most positive feedback and is also the same type the City currently uses, making it easier for staff to operate and maintain. Ford’s one-time purchase model offers significant long -term savings compared to competing systems that require costly annual subscriptions.
The City’s current test bench has been in operation for more than 60 years and no longer meets the department’s operational requirements. The equipment is outdated, increasi ngly unreliable, and incompatible with newer smart meter technologies. Its manual processes are inefficient, prone to human error, and contribute to frequent breakdowns and inaccuracies.
Continued use of this equipment poses operational, financial, and regulatory risks. As the test bench has exceeded its useful life, replacement is necessary to support the City’s ongoing meter testing program.
DISCUSSION
On October 17, 2025, the City issued a Request for Quote (RFQ), through its procurement portal, for the purchase of a Ford Combination Meter Test Bench with AMSII. A total of 4 bids were received, and Core & Main, Inc. was awarded the bid for their total cost proposal of $138,928.72.
The purchase of the meter test bench will allow the Water utility to identify underperforming meters more effectively, ensuring that all water consumption is accurately measured and billed.
This investment will improve operational efficiency, enhance accuracy, and ensure compliance with regulatory requirements established by the American Water Works Association (AWWA) and the State Water Resources Control Board.
In addition, the new system will be fully compatible with the City’s advanced metering infrastructure (AMI), supporting future expansion of smart water metering technology.
Automated testing capabilities will reduce technician labor time, improve turnaround, and lower operational costs. The system’s digital recording and reporting features will enhance transparency, customer service, and recordkeeping to ensure that water costs are distributed fairly among customers.
ECONOMIC IMPACT
Replacing the existing meter test bench will enable the City to continue its regular meter testing program and ensure the ongoing accuracy of water consumption readings. Accurate meter readings ensure that customers are billed appropriately for their actual water consumption, preventing potential revenue loss and ensure that water costs are distributed fairly among customers.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the priorities outlined in the Strategic Roadmap.
SUSTAINABILITY FEATURES
This item does not involve any sustainability features.
PUBLIC CONTACT
The Request for Quote was publicly posted on the City’s website on October 17, 2025.
NEXT STEPS
If City Council approves this request, staff will work with the City Manager to execute the purchase of a Ford Combination Meter Test Bench with AMSII.
Prepared by: Trang Nguyen, Management Analyst II
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 PURCHASE OF A FORD COMBINATION
METER TEST BENCH WITH AUTOMATED MEASURING SYSTEM II (AMSII) IN AN AMOUNT NOT -TO-EXCEED $200,000 TO ENHANCE THE WATER METER
TESTING PROCESS
WHEREAS, the City’s Public Works & Utilities’ Water utility is responsible for ensuring accurate water usage measurements for all residential, commercial, and industrial customers; and
WHEREAS, the City’s current test bench has been in operation for more than 60 years and is at the end of its useful life and must be replaced for the water meter program; and
WHEREAS, the adopted FY26 budget has a total of $200,000 for Project No. 07082, in the Water Replacement Fund (Fund 603), which is an Enterprise Fund; and
WHEREAS, on October 17, 2025, the City issued a Request for Quote (RFQ), through its procurement portal; and
WHEREAS, a total of 4 bids were received, and Core & Main, Inc. was awarded the bid for their total cost proposal of $138,928.72.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward, that the City Manager is hereby authorized and directed to proceed with the purchase of the Ford Combination Meter Test Bench with AMSII from Core & Main, Inc , in an amount not -to- exceed $200,000.
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 25-515
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Up to $100,000 Annually for the Next Five Years from the Fairview Fire Protection District for Special Projects
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $100,000 annually for the next five years from the Fairview Fire Protection District (FFPD) to support special projects.
SUMMARY
That Fairview Fire Protection District Board periodically approves funding for services and project costs that fall outside the existing contract for fire and emergency services provided by the Hayward Fire Department (HFD). To streamline administration and purchasing, the City of Hayward may complete these transactions on behalf of the District and be reimbursed by FFPD.
The proposed resolution would authorize the City Manager to accept and appropriate up to $100,000 per year, for a period of five years, to support special projects funded by FFPD.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
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DATE: December 2, 2025
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $100,000 Annually for the Next Five Years from the Fairview Fire Protection District for Special Projects
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $100,000 annually for the next five years from the Fairview Fire Protection District (FFPD) to support special projects.
SUMMARY
The Fairview Fire Protection District Board periodically approves and provides the City funding for services and project costs that fall outside the e xisting contract for fire and emergency services provided by the Hayward Fire Department (HFD). To streamline administration and purchasing, the City receives the money from FFPD and then completes its own transactions using the funds provided by FFPD.
The proposed resolution would authorize the City Manager to accept those funds and appropriate up to $100,000 per year, for a period of five years, to support special projects funded by FFPD.
FISCAL IMPACT
There is no net fiscal impact on the City. Expenditures related to these special projects will only occur after funds are received from FFPD and will be fully offset by revenue. Funds will be appropriated to Local Grant accounts FD012 and FD014, as applicable. Any additional City staff time required to administer the program will be absorbed within the existing Hayward Fire Department operating budget.
BACKGROUND AND DISCUSSION
The Hayward Fire Department provides fire and emergency response services to the Fairview Fire Protection District under a long -standing service contract. The contract outlines the scope of duties covered under the annual cost of service. However, the FFPD Board may authorize additional expenditures for programs or equipment needs that are not included within the base contract.
The expenditures include but are not limited to chipping services, weed abatement , and defensible space projects. These projects and programs are mutually beneficial to the residents of FFPD and the City because they reduce the overall risk of w ildfires in the Hayward Hills . Such expenditures are approved during FFPD’s annual budget adoption process and funds are transferred to HFD as needed.
When such expenditures are approved, it is most efficient for the City to manage the procurement and implementation process, with FFPD reimbursing the City for actual costs.
To continue this administrative approach, the proposed resolution authorizes the City Manager to accept and appropriate up to $100,000 annually for the next five years. Funds will be deposited into the City’s Local Grants Fund and applied to eligible expenses. The City will not expend funds in excess of the amount provided by FFPD.
Resolutions were approved on July 10, 2018 and July 16, 2019 by the City Council for the same subject. Staff is now seeking to expand the resolution for another five years to avoid the need to return to Council annually
STRATEGIC INITIATIVES
This agenda item is a routine operational action and does not directly relate to one of the Council’s Strategic Initiatives.
Prepared by: Lauren Deaks, Management Analyst
Norma Marples, Senior Secretary
Recommended by: Fire Chief Ryan Hamre
Approved by:
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member ______________
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE UP TO $100,000 FROM THE FAIRVIEW FIRE PROTECTION
DISTRICT ANUALLY FOR THE NEXT FIVE YEARS FOR SPECIAL PROJECTS
WHEREAS, The Fairview Fire Protection District (FFPD) participates in the City of Hayward Fire Department's (City's) chipping program, defensible space projects, and other special projects that are mutually beneficial to both jurisdictions; and
WHEREAS, under this program, the City receives annual funding from the FFPD to make necessary purchases for these special projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate up to $100,000 annually for the next five years from FFPD to the City's Local Grant Fund for special projects.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALI FORNIA, ___________________________, 2025 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCI L 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 25-523
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Acting Director of Information Technology/CIO
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with ESRI for a Small Municipal and County Government Enterprise Agreement (SGEA) in a Not-to-Exceed Amount of $126,000 Annually
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with ESRI for a Small Municipal and County Government Enterprise Agreement (SGEA) in a not-to-exceed amount of $126,000 annually.
SUMMARY
On November 15, 2022, City Council passed CONS 22-630 which authorized the City Manager to purchase the ESRI SGEA Enterprise license. Staff is seeking authorization to spend funds to continue the current ESRI SGEA Enterprise agreement as the current three-year term will expire. The City has utilized ESRI for its GIS (Geographic Information System) platform for over twenty years and the Enterprise license ensures that the City stays current in the ever-evolving geospatial landscape.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
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DATE: December 2, 2025
TO: Mayor and City Council
FROM: Acting Director of Information Technology/CIO
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with ESRI for a Small Municipal and County Government Enterprise Agreement (SGEA) in a Not-to-Exceed Amount of $126,000 Annually
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with ESRI for a Small Municipal and County Government Enterprise Agreement (SGEA) in an amount not to exceed $126,000 annually.
SUMMARY
On November 15, 2022, City Council passed CONS 22-630 which authorized the City Manager to purchase the ESRI SGEA Enterprise license. Staff is seeking authorization to spend funds to continue the current ESRI SGEA Enterprise agreement as the current three -year term will expire. The City has utilized ESRI for its GIS (Geographic Information System) platform for over twenty years and the Enterprise license ensures that the City stays current in the ever-evolving geospatial landscape.
FISCAL IMPACT
ESRI mapping software is used throughout the City and is utilized in diverse ways. On the revenue generating side, it is used for evaluation of plans, permits, and licensing which all generate revenue for the City. In addition to these functions, ESRI is used by public safety for emergency incident response and deployment of resources. The diverse application of this product makes it critical for daily operations and function of the City.
The approximate annual software cost for the Enterprise license extension will be $126,000 per year for the next three years and is $2,000 more than the City was previously authorized to pay annually. This stable and predictable cost is beneficial to the City , as most software providers increase their annual costs by at least 5% each year. The software cost is budgeted for annually and is paid for by the Information Technology Department via their Internal Service Fund (ISF) which receives approximately 80% of its funding from the General Fund.
BACKGROUND AND DISCUSSION
The City of Hayward has been utilizing ESRI for over twenty years and is seeking to continue use of the Enterprise platform. Across the Bay Area, our peers utilize ESRI Enterprise in their daily operations to create maps and applications for end users while s imultaneously empowering the user community to create and control their own GIS data and workflow s.
This aligns with the shift in the GIS industry towards web-based GIS services that empower end users to create and control their own GIS data and workflow. In addition, this expands on the trend of providing relevant data in a visual format to edit and update records and allowing for real-world decisions.
There are a number of additional key features of the Enterprise platform that demonstrate the advantages of this solution.
Flexibility to Deploy Solutions
The entire organization has the ability to access, create, edit, and use geospatial data, maps, and applications in a secure cloud environment. Staff can use web-based applications to edit their data in the office or they can do a site visit with GIS field tools and edit their data to capture the environment with boots on the ground. This data is then immediately available to internal stakeholders and to our residents through custom-tailored web maps and dashboards.
ESRI Toolset Expansion
With the Enterprise platform, the organization has gained access beyond desktop tools to an expansive GIS software library that includes analytics software, field applications for nearly all staff members, and GIS data reviewer, which assists with data quality control. The GIS team has gained access to toolsets to help balance the system workload and expand GIS disaster recovery offerings.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Organizational Health.
Specifically, this item relates to the implementation of the following project:
Project R14: Ensure up to date technologies and processes
Staff is bringing forth this new item to continue to expand advanced GIS tools, applications, and software to the organization in a cost-effective manner.
NEXT STEPS
If Council approves this item, then staff will proceed with the negotiation and execution of the contract with ESRI to continue use of the Enterprise platform.
Prepared by: Nathaniel Roush, Acting Director of Information Technology/CIO
Recommended by: Nathaniel Roush, Acting Director of Information Technology/CIO
Approved by:
________________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _______________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH ESRI FOR A SMALL MUNICIPAL AND
COUNTY GOVERNMENT ENTERPRISE AGREEMENT (SGEA) IN A NOT-TO- EXCEED AMOUNT OF $126,000 ANNUALLY
WHEREAS, ESRI has been the provider of GIS software for the City for over twenty years; and
WHEREAS, on November 15 th, 2022, City Council passed CONS 22 -630 which authorized the City Manager to purchase the SGEA Enterprise platform; and
WHEREAS, the City desires to continue the SGEA Enterprise platform to enhance and expand current offerings beyond standard licensing; and
WHEREAS, ESRI is the sole provider of ESRI software and offers the Small Municipal and County Government Enterprise Agreement (SGEA) for purchase of the Enterprise platform.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes and directs the City Manager to negotiate and execute an Agreement with ESRI for a Small Municipal and County Government Enterprise Agreement (SGEA) in an Amount not to exceed $126,000 annually, in a form approved by the City Attorney.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-526
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT
Adopt a Resolution Authorizing the City Manager to Approve an Increase to the Existing Contract with West Coast Code Consultants for Plan Review Services for the Hayward Fire Department in a Not-To- Exceed Amount of $250,000 Over Three Years
RECOMMENDATION
That the City Council approves a resolution (Attachment II) authorizing the City Manager to approve an increase in the existing contract with West Coast Code Consultants for plan review services for the Hayward Fire Department in a not-to-exceed amount of $250,000 over three years.
SUMMARY
The Hayward Fire Department has an existing contract for the services of West Coast Code Consultants (WC3) to assist with permit review requests that exceed current staff capacity. This service accrues additional fees that offset the cost of the outsourcing fees and is a self-funded initiative. WC3 has committed to a ten-day turnaround for expedited services, which provides additional convenience for the consumer, as well as assisting onsite staff in managing existing workload.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
powered by Legistar™
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Amendment to Increase the Existing Contract Amount with West Coast Code Consultants for Plan Review Services for the Hayward Fire Department in a Not -To-Exceed Amount of $250,000 Over Three Years
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to increase the existing contract amount with West Coast Code Consultants for plan review services for the Hayward Fire Department in a not -to-exceed amount of $250,000 over three years.
SUMMARY
The Hayward Fire Department has an existing contract for the services of West Coast Code Consultants (WC3) to assist with permit review requests that exceed current staff capacity. This service accrues additional fees that offset the cost of the outsourcing fees and is a self-funded initiative. WC3 has committed to a ten-day turnaround for expedited services, which provides additional convenience for the consumer, as well as assisting onsite staff in managing existing workload.
FISCAL IMPACT
This contract is fully paid for through fees. The fee schedule includes additional fees for expedited review services, which covers the cost associated with the outsourcing of these services.
BACKGROUND & DISCUSSION
In 2017, the City entered a partnership with WC3 to provide additional permit review support and inspection services for the building and fire departments. These services include plan reviews for various city permits but also provide flexibility for workload management and expedited services when city staff are inundated with existing permit applications. The city is
currently understaffed with plan checkers, and with the adjustment to online processing, the influx of permit applications has posed challenges with workload management.
The Hayward Fire Department has an existing contract with WC3 for a five -year term that renewed in September of 2023 and was amended in May o f 2025 to expand the scope of services provided to the department. HFD now utilizes WC3 for review of fire protection system designs and engineering reports. Year to date, HFD has outsourced 19.2% of all permit applications to WC3, providing necessary relief to the existing workforce while meeting the needs of the residents of Hayward. The increase in services that are outsourced to WC3 has led to an increase in the overall contract spending. Yearly expenses are outlined in the graph below:
Fiscal Year Expense
2024 $26,752.50
2025 $91,187.13
2026 YTD $25,057.00
Based on the increasing spending trend, HFD estimates an additional $250,000 in spending throughout the remainder of the contract term.
STRATEGIC ROADMAP
This initiative does not directly impact any of the strategic roadmap initiatives.
PUBLIC CONTACT
No public contact is needed for this item.
NEXT STEPS
If Council adopts the resolution , staff will prepare a contract amendment to increase the existing contract with West Coast Code Consultants and continue utilizing plan review and expedited processing services.
Prepared by: Lauren Dekas, Management Analyst
Recommended by: Ryan Hamre, Fire Chief
Approved by:
_______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _____________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO INCREASE THE EXISTING CONTRACT AMOUNT WITH
WEST COAST CODE CONSULTANTS FOR PLAN REVIEW SERVICES FOR THE HAYWARD FIRE DEPARTMENT IN A NOT-TO-EXCEED AMOUNT OF $250,000
OVER THREE YEARS
WHEREAS, the Hayward Fire Department has an existing contract with West Coast Code Consultants to provide plan review services until 2028; and
WHEREAS, overall contract spending will exceed $100,000 over the duration of the contract period.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to execute an amendment to increase the contract amount with West Coast Code Consultants for plan review services in an amount -not-to- exceed $250,000 over three years, in a form approved by the City Attorney.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-527
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT
Adopt a Resolution Awarding a Professional Services Agreement for Investment Portfolio Management Services to PFM Asset Management LLC for a Period of Three-Years with Two Optional One-Year Extensions
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute contract with PFM Asset Management LLC for investment portfolio management services, for three years with the option to extend it for two additional one-year periods.
SUMMARY
In April 2025, the City conducted a competitive Request for Proposal (RFP) process for municipal investment portfolio management services. Staff completed a judicious review of the eight proposals received and recommends the contract be awarded to PFM Asset Management LLC (PFM). PFM scored the highest of all proposals and effectively presented their value to the City. The City is currently under an amended contract with PFM for investment portfolio management services through the end of the fiscal year to allow ample time for the award of a new agreement. A clause in the amendment allows the City to terminate the agreement earlier upon notice to the other party. Staff recommends that the Council authorizes execution of a contract for a three-year term with the option to extend for two one-year periods beginning January 1, 2026, for portfolio management services.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
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DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT Adopt a Resolution A uthorizing the City Manager to Execute a Professional Services Agreement for Investment Portfolio Management Services to PFM Asset Management LLC for a Period of Three -Years with Two Optional One -Year Extensions
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II ) authorizing the City Manager to execute contract with PFM Asset Management LLC for investment portfolio management services, for three years with the option to extend it for two additional one-year periods.
SUMMARY
In April 2025, the City conducted a competitive Request for Proposal (RFP) process for municipal investment portfolio management services. Staff completed a judicious review of the eight proposals received and recommends the contract be awarded to PFM Asset Management LLC (PFM). PFM scored the highest of all proposals and effectively presented their value to the City . The City is currently under an amended contract with PFM for investment portfolio management services through the end of the fiscal year to allow ample time for the award of a new agreement . A clause in the amendment allows the City to terminate the agreement earlier upon notice to the other party. Staff recommends that the Council authorizes execution of a contract for a three -year term with the option to extend for two one-year periods beginning January 1, 2026, for portfolio management services.
FISCAL IMPACT
The costs of this critical service is already incorporated in the Finance Department budget for FY 2025-26 and does not have an additional impact on the general fund. Costs for future years will be incorporated into the proposed budget for each fiscal year. The cost of services is based on the amount of funds being actively managed. PFM charges six basis points (.06%) per year on the first $200 million of assets under management, with further costs phasing down to four basis points (.04%) per year for assets over $200 million.
Based on the City’s investment portfolio size of approximately $280 million, the annual fee would be approximately $200,000 for all assets under management. Routine asset management results in improved interest earnings likely to result in earnings greater than the cost of the service. For FY 2024-25, Hayward booked $7.6 million in interest earnings and paid approximately $175,000 to PFM. Ass ets are dependent on market volatility and, therefore, annual cost is subject to adjust in relation to actual assets under management.
BACKGROUND
The Government Finance Officers Association (GFOA) recognizes that many local governments use the services of investment management firms, and the GFOA offers best practice guidelines in the selection and use of such firms. The City’s external auditor, Maze & Associates, opined as part of their FY 2011 year-end audit of the City’s financial statements, that the City at that time did not have a balanced investment portfolio and recommended that the City consider hiring a third-party investment manager to better manage and diversify the City’s portfolio.
Adoption of the FY 2012 Statement of Investment Policy allowed the Director of Finance upon City Manager direction and authorization by the City Council, to engage with an external investment management firm to assist with the City’s portfolio investments following recommendations from the City’s Investment Advisory Committee (IAC) and Council Budget & Finance Committee.
In April 2025, the City conducted a competitive RFP for investment portfolio management services to adhere to the City’s Procurement policy. The City received eight responses by the May 2, 2025, deadline. These responses had shown to be extensive and required additional time for a thorough and judicious review by the evaluating committee. In June 20251, City Council authorized the City Manager to extend the expiring agreement with PFM for up to one year to allow ample time for proper selection of a firm from the responses to the RFP. The proposals were evaluated by a panel of three staff members from the Finance Department based on the specific criteria stated in the RFP in July 2025.
Following a thorough review and interview process by the panel of the seven responsive proposers, the top three rated firms were selected to interview with the City’s Investment Advisory Committee (IAC). The IAC conducted follow-up interviews with the three highest
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=7420493&GUID=24BCBB77-F25B-441A-A675- 2D01A72FE104&Options=&Search=
scoring firms and determined that PFM provided a broader range of relevant experience and access to more extensive services and staff. Based upon the scoring of the responses to the RFP and the results of the interview process, staff are recommending the award of services to PFM.
The scoring for the top three rated firms is provided in the following table:
Consultant Total Score
(Max Score 110)
U.S. Bancorp Asset Management, Inc.
(PFM Asset Management LLC) 104.33
Chandler Asset Management, Inc. 102
Meeder Public Funds, Inc. 100
DISCUSSION
PFM has been actively managing a portion of the City’s investment portfolio since July 1, 2012. While the initial amount managed by PFM was $40 million, they are now authorized to manage the City’s pooled cash assets that were approximately $280 million in October, 2025. These pooled assets include the City’s Core and Short-Term CAMP accounts.
While the Director of Finance continues to be the responsible officer of the City regarding the City’s portfolio, PFM assists in the investment management and diversification of the City’s portfolio, bringing in the professional expertise needed to balance the City’s investment portfolio within Council investment policies and to maximize performance while maintaining safety and liquidity.
Staff is recommending that PFM Asset Management LLC be awarded a contract for a period of three -years with two optional one -year extensions, subject to the approv al of the City Manager. The Finance department will be responsible for managing the contract and will review all invoices for services provided by PFM to ensure completion of work and accuracy of the invoices.
STRATEGIC INITIATIVES
This contract is aligned with Hayward’s initiative to strengthen organizational health.
PUBLIC CONTACT
The agenda for this item was posted in compliance with the California Brown Act.
NEXT STEPS
Following Council approval, staff will take the necessary steps to execute an agreement for a three-year term with the option to extend for two additional one -year periods with PFM Asset Management LLC.
Prepared by: Crissy Mello, Administrative Secretary
Recommended by: DeAnna Hilbrants, Director of Finance
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 CONTRACT
WITH PFM ASSET MANAGEMENT LLC FOR INVESTMENT PORTFOLIO
MANAGEMENT SERVICES FOR THREE -YEARS WITH TWO OPTIONAL ONE-
YEAR EXTENSIONS
WHEREAS, the City Council of the City of Hayward deems i t desirable and necessary for authorized officers, employees and representatives of the City to u se professional municipal investment portfolio management services; and
WHEREAS, in April 2025 , the City conducted a competitive RFP process, which included municipal investment portfolio management services; and
WHEREAS, following a thorough review of the eight responsive proposals including interviews with highest ranked consultants , the City determined PFM Asset Management LLC was the most qualified management consultant to submit a proposal; and
WHEREAS, PFM Asset Management LLC submitted a proposal with the compensation terms of 6 bps (0.06%) for the first $200 million and 4 bps (0.04%) for the assets over $200 million. This results in compensation of approximately $200,000 per year for three years .
Assets are dependent on market volatility and annual cost is subject to adjust in relation to value of assets under management; and
WHEREAS, Funds are appropriated in the Finance Department General Fund budget for FY 2025-26 and funds for future fiscal years will be included in the proposed budget for future years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute an agreement with PFM Asset Management LLC for a period of three years, with the option to extend for two additional one-year periods, in a form to be approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-528
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt an Ordinance Amending Reach Codes for the City of Hayward by Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2); and Amending the Building Code of the City of Hayward (Chapter 9, Article 1) of the Hayward Municipal Code
RECOMMENDATION
That the City Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance amending Chapter 10, Article 2 (City’s Off-Street Parking Regulations); and Chapter 9, Article 1 (Building Code) of the Hayward Municipal Code. The Ordinance was introduced on November 18, 2025, by Council Member Roche.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
powered by Legistar™
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Amending Reach Codes for the City of Hayward by Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2); and Amending the Building Code of the City of Hayward (Chapter 9, Article 1) of the Hayward Municipal Code
RECOMMENDATION
That the Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance amending Chapter 10, Article 2 (City’s Off- Street Parking Regulations ); and Chapter 9, Article 1 ( Building Code ) of the Hayward Municipal Code. The Ordinance was introduced on November 18, 2025, by Council Member Roche.
BACKGROUND
The Ordinance was introduced by Council Member Roche at the November 18, 2025, meeting of the City Council with the following vote:
AYES: COUNCIL MEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: NONE
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, November 28, 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 AMENDING REACH CODES FOR THE CITY OF HAYWARD BY AMENDING THE CITY’S OFF -STREET PARKING REGULATIONS (CHAPTER 10, ARTICLE 2) ; AND AMENDING THE BUILDING CODE OF THE CITY OF HAYWARD (CHAPTER 9, ARTICLE 1) OF
THE HAYWARD MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and Intent. It is the purpose and intent of this Ordinance to expressly enact local amendments to the 2025 California Building Standards Code applicable to new construction to provide standards for new buildings to improve community health and safety while reducing greenhouse gas emissions.
Section 2 . This ordinance shall become effective on January 1, 2026 . The following are hereby adopted as local amendments to Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations):
Amend CALGreen Chapters 2, 4, and 5 to add requirements for ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE
Chapter 9 of the Hayward Municipal Code (Building Code)
Section 9-1.01 - Summary of Local Amendments.
Section 9-1.02 - Local Amendments to the Code By Chapter
California Green Building Standards Code, Title 24 Part 11 – Electric Vehicle Charging Infrastructure Amendments
Chapter 2 Definitions
Section 4.106.4
Section 5.106.5.3
Table 5.106.5.3.6
Amend CALGreen Chapters 2, 4, and 5 to add requirements for ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE
Chapter 10, Article 2 of the Hayward Municipal Code (Off-Street Parking Regulations) Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code are amended as follows:
Chapter 10, Article 2 is amended as follows:
Section 202 of the California Green Building Standards Code is amended as follows:
Section 10.2.100 – Definitions
Section 10.2.200 – Application
ATTACHMENT II
Section 301.3, Section 4.106.4, and Section 5.106.5.3 of the California Green Building Standards Code are amended as follows:
Chapter 10, Article 2 of the Hayward Municipal Code (Off-Street Parking Regulations)
VIII. REQUIREMENTS FOR EV CHARGING INFRASTRUCTURE
SEC. 10-2.800 ELECTRIC VEHICLE (EV) CHARGING SPACES
Sections 4.106.4.1, 4.106.4.2, and 5.106.5.3 of the California Green Building Standards Code are amended as follows:
SEC. 10-2.810 Electric Vehicle Charging Requirements by Use.
SEC. 10-2.820 Direct Current Fast Charging stations.
SEC. 10-2.830 Receptacle Configurations.
SEC. 10-2.833 EV Charger Connectors
Section 5.106.5.3.6 of the California Green Building Standards Code is amended as follows:
SEC. 10-2.835 Electric vehicle charging stations (EVCS)—power allocation method.
TABLE 5.106.5.3.6
Section 4.106.4 and Section 5.106.5.3 of the Cali fornia Green Building Standards Code is amended as follows:
SEC. 10-2.840 Exceptions.
Section 3. Enactment of Local Amendments to the California Building Standards Code, Title 24, Part 11 (Amendments to Chapters 9 and 10 of the Hayward Municipal Code). The local amendments to the 202 5 California Building Standards Code, Title 24, Part 11, are hereby enacted.
Section 4. Severability. The provisions of this Ordinance are severable, and if any clause, sentence, paragraph, provision, or part of this Ordinance, or the application of this Ordinance to any person, is held to be invalid or preempted by state or federal law, such holding shall not impair or invalidate the remainder of this Ordinance. If any provision of this Ordinance is held to be inapplicable, the provisions of this Ordinance shall nonetheless continue to apply with respect to all other covered development projects and applicants. It is hereby declared to be the legislative intent of the City Council that this Ordinance would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from its coverage.
Section 5. Effective Date. This ordinance shall become effective on January 1, 2026.
ATTACHMENT II
Introduced at a meeting of the City Council of t he City of Hayward, held on the 18th day of November 2025, by Council Member Roche.
This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on December 2, 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: November 28, 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 #: CONS 25-529
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt an Ordinance Establishing a Building Code for the City of Hayward; Regulating the Construction, Alteration, Repair, and Maintenance of Structures; Providing for the Issuance of Permits and Collection of Fees; Repealing Chapter 9 Article 1, and All Amendments Thereto
RECOMMENDATION
That the City Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance establishing a Building Code for the City of Hayward; regulating the construction, alteration, repair, and maintenance of structures; providing for the issuance of permits and collection of fees; repealing Chapter 9 Article 1, and all amendments. The Ordinance was introduced on November 18, 2025, by Council Member Syrop.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
powered by Legistar™
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt a n Ordinance Establishing a Building Code for the City of Hayward; Regulating the Construction, Alteration, Repair, and Maintenance of Structures; Providing for the Issuance of Permits and Collection of Fees; Repealing Chapter 9 Article 1, and All Amendments Thereto
RECOMMENDATION
That the Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance establishing a Building Code for the City of Hayward; regulating the construction, alteration, repair, and maintenance of structures; providing for the issuance of permits and collection of fees; repealing Chapter 9 Article 1, and all amendments. The Ordinance was introduced on November 18 , 2025, by Council Member Syrop.
BACKGROUND
The Ordinance was introduced by Council Member Syrop at the November 18, 2025, meeting of the City Council with the following vote:
AYES: COUNCIL MEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: NONE
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, November 28, 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 ESTABLISHING A BUILDING CODE FOR THE CITY OF HAYWARD;
REGULATING THE CONSTRUCTION, ALTERATION, REPAIR, AND MAINTENANCE OF STRUCTURES; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; REPEALING CHAPTER 9 ARTICLE 1, AND ALL AMENDMENTS THERETO
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. In accordance with state law, effective January 1, 2026, Chapter 9 Article 1 and all amendments thereto, is hereby repealed and in substitution thereof a new Building Code for the City of Hayward is hereby enacted to read as follows:
BUILDING CODE OF THE CITY OF HAYWARD
SECTION 1.00 – 2025 CALIFORNIA BUILDING CODES, ADOPTION BY REFERENCE.
SECTION 2.00 – SUMMARY OF LOCAL AMENDMENTS
SECTION 3.00 – LOCAL AMENDMENTS TO THE CODE BY CHAPTER
CALIFORNIA BUILDING CODE CHAPTER 1: SCOPE AND ADMINISTRATION
LOCAL AMENDMENTS
CALIFORNIA BUILDING CODE CHAPTER 4: SPECIAL DET AILED REQUIREMENTS
BASED ON USE AND OCCUPANCY LOCAL AMENDMENTS
CALIFORNIA BUILDING CODE CHAPTER 9: FIRE PROTECTION SYSTEMS LOCAL
AMENDMENTS
CALIFORNIA BUILDING CODE CHAPTER 17: STRUCTURAL TESTS AND SPECIAL
INSPECTIONS LOCAL AMENDMENTS
CALIFORNIA BUILDING CODE CHAPTER 19: CONCRETE LOCAL AMENDMENTS CALIFORNIA BUILDING CODE APENDIX P: EMERGENCY HOUSING CALIFORNIA RESIDENTIAL CODE CHAPTER 6: WALL CONSTRICTION LOCAL
AMENDMENTS
CALIFORNIA RESIDENTIAL CODE APENDIX AZ: EMERGENCY HOUSING AS
AMENDED
Section 2. Severability. 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 full force and effect, provided the remainder of the ordinance, absent the excised portion, can be reasonably interpreted to give effect to intentions of the City Council.
ATTACHMENT II
Section 3. Effective Date. This ordinance shall become effective on January 1, 2026.
Introduced at a meeting of the City Council of the City of Hayward, held on the 18th day of November 2025, by Council Member Syrop.
This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on December 2, 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: November 28, 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 #: CONS 25-530
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt an Ordinance Establishing a Fire Prevention Code for the City of Hayward; Adopting the California Fire Code, 2025 Edition, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion; Providing for the Issuance of Permits and Collection of Fees; Providing for Penalties for Violation, and Repealing Ordinance No. 22-10, as Amended, and All Other Ordinances and Parts of Ordinances in Conflict Therewith
RECOMMENDATION
That the City Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance establishing a Fire Prevention Code for the City of Hayward; adopting the California Fire Code, 2025 Edition, prescribing regulations governing conditions hazardous to life and property from fire or explosion; providing for the issuance of permits and collection of fees; providing for penalties for violation, and repealing Ordinance No. 22-10, as amended, and all other ordinances. The Ordinance was introduced on November 18, 2025, by Council Member Syrop.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
powered by Legistar™
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Establishing a Fire Prevention Code for the City of Hayward; Adopting the California Fire Code, 2025 Edition, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion; Providing for the Issuance of Permits and Collection of Fees; Providing for Penalties for Violation, and Repealing Ordinance No. 22-10, as Amended, and All Other Ordinances and Parts of Ordinances in Conflict Therewith
RECOMMENDATION
That the Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance establishing a Fire Prevention Code for the City of Hayward; adopting the California Fire Code, 2025 Edition, prescribing regulations governing conditions hazardous to life and property from fire or explosion; providing for the issuance of permits and collection of fees; providing for penalties for violation, and repealing Ordinance No. 22-10, as amended, and all other ordinances. The Ordinance was introduced on November 18, 2025, by Council Member Syrop.
BACKGROUND
The Ordinance was introduced by Council Member Syrop at the November 18, 2025, meeting of the City Council with the following vote:
AYES: COUNCIL MEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: NONE
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, November 28, 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 ESTABLISHING A FIRE PREVENTION CODE FOR THE CITY OF HAYWARD; ADOPTING THE CALIFORNIA FIRE CODE, 2025 EDITION, PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; PROVIDING FOR PENALTIES FOR VIOLATION, AND REPEALING ORDINANCE NO. 22-10, AS
AMENDED, AND ALL OTHER ORDINANCES AND PARTS OF ORDI NANCES IN CONFLICT
THEREWITH
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Effective January 1, 2026, Ordinance No.22 -10, and all amendments thereto, is hereby repealed and in substitution thereof a new fire code for the City of Hayward is hereby enacted to read as follows:
SEC. 1. FIRE PREVENTION CODE OF THE CITY OF HAYWARD, ADOPTION OF CALIFORNIA FIRE CODE.
SEC. 2. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION OFFICE.
SEC. 3. DEFINITIONS.
SEC. 4. AMENDMENTS MADE IN THE CALIFORNIA FIRE CODE.
GENERAL
CHAPTER 1 – SCOPE AND ADMINISTRATION
DIVISION II – SCOPE AND ADMINISTRATION
SECTION 104 - DUTIES AND POWERS OF THE FIRE CODE OFFICIAL SECTION 108 – FEES.
SECTION 112 - MEANS OF APPEALS.
CHAPTER 2 – DEFINITIONS
SECTION 202 - GENERAL DEFINITIONS.
CHAPTER 5 - FIRE SERVICE FEATURES
SECTION 503 - FIRE APPARATUS ACCESS ROADS.
SECTION 505 – PREMISES IDENTIFICATION.
SECTION 507 - FIRE PROTECTION WATER SUPPLIES.
CHAPTER 9 - FIRE PROTECTION AND LIFE SAFETY SYSTEMS
SECTION 903 - AUTOMATIC SPRINKLER SYSTEMS.
SECTION 904 – ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS.
CHAPTER 50 – HAZARDOUS MATERIALS - GENERAL PROVISIONS
SECTION 5001 – GENERAL.
SECTION 5003 - GENERAL REQUIREMENTS.
ATTACHMENT II
CHAPTER 57 – FLAMMABLE AND COMBUSTIBLE LIQUIDS
SECTION 5701 - GENERAL.
SECTION 5703 - GENERAL REQUIREMENTS.
SECTION 5704 - STORAGE.
APPENDIX B
FIRE-FLOW REQUIREMENTS FOR BUILDINGS
SECTION B105 - FIRE-FLOW REQUIREMENTS FOR BUILDINGS.
APPENDIX C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
TABLE C102.1
APPENDIX D
FIRE APPARATUS ACCESS ROADS
SECTION D103 MINIMUM SPECIFICATIONS
SEC. 5. APPEALS.
SEC. 6. FEES.
SEC. 7. PENALTIES.
SEC. 8. REPEAL OF CONFLICTING ORDINANCES.
SEC. 9. SEVERABILITY. Should any part of this ordinance be declared b y 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 full force and effe ct, provided the remainder of the ordinance, absent the excised portion, can be reasonably interpreted to give effect to intentions of the City Council.
SEC.10. DATE OF EFFECT. This ordinance shall become effective on January 1, 2026.
Introduced at a meeting of the City Council of the City of Hayward, held on the 18th day of November 2025, by Council Member Syrop.
This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on December 2, 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 cont acting the City Clerk’s office at [email protected] or (510) 583-4400.
Dated: November 28, 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 #: CONS 25-531
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt an Ordinance Establishing a Wildland-Urban Interface Code for the City of Hayward; Adopting the 2025 California Wildland-Urban Interface Code, Title 24, Part 7, Prescribing Regulations Governing the Establishment of Minimum Special Regulations for the Safeguarding of Life and Property from the Intrusion of Fire from Wildland Fire Exposures and Fire Exposures from Adjacent Structures and to Prevent Structure Fires from Spreading to Wildland Fuels, Even in the Absence of Fire Department Intervention; Repealing Resolution No. 93-037 and All Other Parts of Ordinances in Conflict Therewith
RECOMMENDATION
That the City Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance establishing a Wildland-Urban Interface Code for the City of Hayward; adopting the 2025 California Wildland-Urban Interface Code, Title 24, Part 7, prescribing regulations governing the establishment of minimum special regulations for the safeguarding of life and property from the intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to prevent structure fires from spreading to wildland fuels, even in the absence of Fire Department intervention; repealing Resolution No. 93-037 and all other Ordinances in conflict therewith.
The Ordinance was introduced on November 18, 2025, by Council Member Syrop.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
powered by Legistar™
DATE: December 2, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Establishing a Wildland-Urban Interface Code for the City of Hayward; Adopting the 2025 California Wildland-Urban Interface Code, Title 24, Part 7, Prescribing Regulations Governing the Establishment of Minimum Special Regulations for the Safeguarding of Life and Property from the Intrusion of Fire from Wildland Fire Exposures and Fire Exposures from Adjacent Structures and to Prevent Structure Fires from Spreading to Wildland Fuels, Even in the Absence of Fire Department Intervention; Repealing Resolution No. 93-037 and All Other Parts of Ordinances in Conflict Therewith
RECOMMENDATION
That the Council adopts the Ordinance introduced on November 18, 2025.
SUMMARY
This item entails the adoption of an Ordinance establishing a Wildland-Urban Interface Code for the City of Hayward; adopting the 2025 California Wildland -Urban Interface Code, Title 24, Part 7, prescribing regulations governing the establishment of minimum special regulations for the safeguarding of life and property from the intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to prevent structure fires from spreading to wildland fuels, even in the absence of Fire Department intervention; repealing Resolution No. 93 -037 and all other Ordinances in conflict therewith. The Ordinance was introduced on November 18, 2025, by Council Member Syrop.
BACKGROUND
The Ordinance was introduced by Council Member Syrop at the November 18, 2025, meeting of the City Council with the following vote:
AYES: COUNCIL MEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: NONE
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, November 28, 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 ESTABLISHING A WILDLAND-URBAN INTERFACE CODE FOR THE CITY OF HAYWARD; ADOPTING THE 2025 CALIFORNIA WILDLAND -URBAN INTERFACE CODE, TITLE 24, PART 7, PRESCRIBING REGULATIONS GOVERNING THE ESTABLISHMENT OF
MINIMUM SPECIAL REGULATIONS FOR THE SAFEGUARDING OF LIFE AND PROPERTY
FROM THE INTRUSION OF FIRE FROM WILDLAND FIRE EXPOSURES AND FIRE EXPOSURES
FROM ADJACENT STRUCTURES AND TO PREVENT STRUCTURE FIRES FROM SPREADING
TO WILDLAND FUELS, EVEN IN THE ABSENCE OF FIRE DEPARTMENT INTERVENTION, REPEAL RESOLUTION No. 93-037 AND REPEALING ALL OTHER PARTS OF ORDINANCES IN
CONFLICT THEREWITH
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Effective January 1, 2026, a new wildland -urban interface code for the City of Hayward is hereby enacted to read as follows:
SEC. 1. WILDLAND -URBAN INTERFACE CODE OF THE CITY OF HAYWARD, ADOPTION OF CALIFORNIA WILDLAND-URBAN INTERFACE CODE.
SEC. 2. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION OFFICE.
SEC. 3. DEFINITIONS.
GENERAL
CHAPTER 1 – SCOPE AND ADMINISTRATION
DIVISION II – SCOPE AND ADMINISTRATION
SECTION 101 SECTION 101 – SCOPE AND GENERAL REQUIREMENTS.
SECTION 104 - DUTIES AND POWERS OF THE FIRE CODE OFFICIAL.
SECTION 108 – FEES.
SECTION 112 - MEANS OF APPEALS.
CHAPTER 2 – DEFINITIONS
SECTION 202 – DEFINITIONS
CHAPTER 5 – SPECIAL BUILDING CONSTRUCTION REGULATIONS
SEC. 4. APPEALS.
SEC. 5. FEES.
SEC. 6. PENALTIES.
SEC. 7. REPEAL OF CONFLICTING ORDINANCES.
SEC. 8. SEVERABILITY. 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 shal l not affect the validity of the remainder of this ordinance, which shall continue in full force and effect, provided the remainder of the
ATTACHMENT II
ordinance, absent the excised portion, can be reasonably interpreted to give effect to intentions of the City Council.
SEC. 9. DATE OF EFFECT. This ordinance shall become effective on January 1, 2026.
Introduced at a meeting of the City Council of the City of Hayward, held on the 18th day of November 2025, by Council Member Syrop.
This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on December 2, 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: November 28, 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 #: CONS 25-538
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt Resolutions Authorizing the City Manager to Execute Amendments to the Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers Relating Primarily to: 1) Reducing the Requirement for Purchase of Minimum Water Supply Quantity for the Alameda County Water District, City of Milpitas, City of Mountain View, and City of Sunnyvale; and 2) Updating Tier 2 Water Shortage Allocation Plan
RECOMMENDATION
That the City Council considers and adopts the following two resolutions and authorizes the City Manager to execute the amended and restated Water Supply Agreement:
1. Amending the 2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County dated as of (Attachment II); and
2. Updating the Tier 2 Water Shortage Allocation Plan. (Attachment III).
SUMMARY
Hayward receives its potable water supply from the San Francisco Public Utilities Commission (SFPUC) under the terms of a 1962 individual water sales agreement, as well as the 2009 Water Supply Agreement (WSA) between San Francisco and the wholesale water customers (Wholesale Customers) which includes the City of Hayward. From time to time, most recently in 2021, the WSA is amended to reflect evolving water supply and management needs.
This report provides an overview of two proposed wholesale customer water supply agreement actions:
1. An amendment to the Amended and Restated Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County (WSA). This amendment addresses three key areas:
a. Minimum Purchase Quantity Requirements: Modifies the Minimum Purchase Quantity for the Alameda County Water District, City of Milpitas, City of Mountain View and City of Sunnyvale CITY OF HAYWARD Printed on 11/21/2025Page 1 of 2
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File #: CONS 25-538
(Minimum Purchase Agencies).
b. Tier 1 Shortage Allocation Plan (Tier 1 Plan): This Plan allocates water between San Francisco retail customers and the Wholesale Customers during a declared water shortage emergency by the SFPUC. The amendment establishes a “Tier 1 Family Plan”, a change that ensures that during a drought, financial penalties for exceeding water allocations will only be applied to a Wholesale Customer if the entire group of twenty-six Wholesale Customer agencies exceeds its total water allocation from the SFPUC.
c. General Updates: Minor corrections and clarifications within the WSA.
2. An updated Tier 2 Water Shortage Allocation Plan (Tier 2 Plan): The Tier 2 Plan provides the method for allocating water from the SFPUC’s Regional Water System (RWS) among the Wholesale Customers during drought shortages.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution, Amendment to Water Supply Agreement Attachment III Resolution, Drought Response Implementation Plan CITY OF HAYWARD Printed on 11/21/2025Page 2 of 2
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DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolutions Authorizing the City Manager to Execute Amendments to the Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers Relating primarily to: 1) Reducing the requirement for purchase of Minimum Water Supply Quantity for the Alameda County Water District, City of Milpitas, City of Mountain View, and City of Sunnyvale; and 2) Updating Tier 2 Water Shortage Allocation Plan
RECOMMENDATION
That the Council considers and adopts the following two resolutions and authorizes the City Manager to execute the amended and restated Water Supply Agreement:
1. Amending the 2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County dated as of (Attachment II); and
2. Updating the Tier 2 Water Shortage Allocation Plan. (Attachment III).
SUMMARY
Hayward receives its potable water supply from the San Francisco Public Utilities Commission (SFPUC) under the terms of a 1962 individual water sales agreement, as well as the 2009 Water Supply Agreement (WSA) between San Francisco and the wholesale water customers (Wholesale Customers) which includes the City of Hayward. From time to time, most recently in 2021, the WSA is amended to reflect evolving water supply and management needs.
This report provides an overview of two proposed wholesale customer water supply agreement actions:
1. An amendment to the Amended and Restated Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County (WSA). This amendment addresses three key areas:
a. Minimum Purchase Quantity Requirements: Modifies the Minimum Purchase Quantity for the Alameda County Water District, City of Milpitas, City of Mountain View and City of Sunnyvale (Minimum Purchase Agencies). b. Tier 1 Shortage Allocation Plan (Tier 1 Plan): This Plan allocates water between San Francisco retail customers and the Wholesale Customers during a declared water shortage emergency by the SFPUC. The amendment establishes a “Tier 1 Family Plan”, a change that ensures that during a drought, financial penalties for exceeding water allocations will only be applied to a Wholesale Customer if the entire group of twenty-six Wholesale Customer agencies exceeds its total water allocation from the SFPUC.
c. General Updates: Minor corrections and clarifications within the WSA.
2. An updated Tier 2 Water Shortage Allocation Plan (Tier 2 Plan): The Tier 2 Plan provides the method for allocating water from the SFPUC’s Regional Water System (RWS) among the Wholesale Customers during drought shortages.
FISCAL IMPACT
These actions will have no direct impact on the General Fund or Measure C.
The proposed Minimum Purchase Quantity Amendment will increase the amount the Hayward will pay for water purchases from the SFPUC. The estimated cost increase will range from $0.007 to $0.040 per ccf. For Hayward, this translates to an increase of approximately $44,000 to $284,000 annually, based on the City’s purchases from the SFPUC in FY21-FY 24.
Funds for the increase in the cost of wholesale water purchases will come from Water Enterprise Fund and will have to be passed on to all water customers.
No additional costs are associated with the Tier 2 update or the proposed general updates to the WSA.
BACKGROUND
The City of Hayward (Hayward) purchases one hundred percent of its water supply from the SFPUC’s RWS. This water supply is governed by two agreements: 1) the 1962 contract between Hayward and the San Francisco Water Department; and 2) the Water Supply Agreement (WSA) between San Francisco and all Wholesale Customers, including the City, and subsequent amendments. The 1962 agreement primarily addresses the quantity of water to be delivered to Hayward and is the contract under which Hayward is assured of receiving sufficient quantities to meet its demand, as long as adequate water supplies are available. The WSA focuses on issues of common interest to all Wholesale Customers, such as the calculation of wholesale rates and allocation of system costs.
Hayward is a member agency of the Bay Area Water Supply and Conservation Agency
(BAWSCA), which represents the interests of the twenty-six entities that purchase water from the SFPUC. In 2006, Hayward delegated authority to BAWSCA to negotiate the WSA, all wholesale customers, including Hayward.
Water Supply Agreement History
In June 2009, Hayward entered into a WSA with the City and County of San Francisco (San Francisco) and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (2009 WSA). The 2009 WSA establishes the terms by which the twenty-six Wholesale Customers purchase water from the SFPUC’s RWS. The 2009 WSA builds on the 1984 "Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County”. The WSA was amended in 2013 and 2019 to address substantive issues that arose during implementation of the WSA.
In September 2017, at the request of the Minimum Purchase Agencies, BAWSCA and the Water Management Representatives (WMR) of the Wholesale Customers initiated discussions to create a process by which Minimum Purchase Quantities could be permanently transferred from one agency to another. Throughout 2017 and 2018, the WMR held multiple meetings during which the Minimum Purchase Customer agencies, and the other Wholesale Customers shared their interests and raised concerns regarding changes to the Minimum Purchase Requirements and allowing transfers of minimum annual purchase quantities.
The Wholesale Customers directed BAWSCA to facilitate negotiation of a new WSA amendment to provide a procedure for expedited and permanent transfers of minimum annual purchase quantities in a manner that safeguards the financial and water supply interests of Wholesale Customers not participating in such transfers. This amendment was memorialized in the 2021 Amended and Restated WSA (2021 WSA), approved by Hayward’s City Council in March 2022.
DISCUSSION
This section summarizes the main points of the proposed WSA amendments, the Tier 2 Plan, and the potential impacts to Hayward.
Tier 2 Plan Negotiations and Development of Minimum Purchase Quantity Reduction Proposal
In January 2021, BAWSCA began facilitating an update to the Tier 2 Plan, which is the method for allocating water from the RWS among the Wholesale Customers during shortages caused by drought. The Tier 2 Plan is an agreement between the twenty-six Wholesale Customers and must be unanimously adopted by them, which includes Hayward. The Tier 1 Plan allocates water between San Francisco retail customers and the Wholesale Customers during a declared water shortage emergency by the SFPUC.
In November 2021, the SFPUC declared a water shortage emergency in response to the Governor’s executive action declaring a drought state of emergency across most of California. This action triggered implementation of the Tier 1 and Tier 2 Plans by the SFPUC and BAWSCA for the first time.
Between January 2022 and June 2024, BAWSCA and the lead negotiators for each Wholesale Customer, supported by a consulting firm providing technical and modeling expertise, met more than 60 times, to negotiate the terms of the updated Tier 2 Plan.
Throughout the negotiation period, the Wholesale Customers gained insight into unique characteristics of each agency and specific challenges related to water supplies and droughts. During these discussions, the four Wholesale Customers subject to the Minimum Purchase requirements (Minimum Purchase Customers) presented challenges to the Minimum Purchase Requirements.
In June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to align with current water consumption trends, while protecting investment in the RWS. For the remainder of 2023, the SFPUC, the Minimum Purchase Customers, and BAWSCA held multiple meetings to identify amendments that would address challenges related to the Minimum Purchase Requirements. Once the SFPUC and the Minimum Purchase Customers finalized their recommended amendments to the Minimum Purchase Requirements, the Minimum Purchase Customers presented the proposals to the broader Wholesale Customers’ group for consideration.
In June 2024, the lead negotiators concluded negotiations on the updated Tier 2 Plan.
The agency representatives collectively agreed that they were ready to recommend the Tier 2 Plan to their governing boards for adoption.
1. Tier 1 Plan Amendment
Tier 1 is a method for allocating water from the SFPUC’s RWS between Retail and Wholesale Customers during system-wide shortages of 20% or less. The SFPUC allocates water under the Tier 1 Plan when it determines that projected available water supply is up to 20 % less than projected system-wide water purchases. The collective Wholesale Customers’ share is apportioned among the individual Wholesale Customers based on a methodology. Under the current Tier 1 Plan, if an individual Wholesale Customer exceeds its allocation, an “excess use charge” is assessed for the additional amount used by the Wholesale Customer.
In Fall of 2024, all twenty-six Wholesale Customers and the SFPUC negotiated an amendment to the Tier 1 Plan in the WSA to incorporate a new “Tier 1 Family Plan,” whereby the SFPUC may only apply excess use charges to Wholesale Customers who exceed their individual shortage allocation when the collective Wholesale Customer usage exceeds the Tier 1 allocation.
2. Impact Related to the WSA Amendments
Minimum Purchase Quantity Requirements
The proposed amendments to the Minimum Purchase Quantity Requirements will increase costs for both the SFPUC’s own Retail Customers and all Wholesale Customers.
Because the RWS revenue requirement must be recovered through water rates, BAWSCA has estimated that reducing the Minimum Purchase Requirements for the four customers is estimated to cost all the Wholesale Customers and the SPFUC’s retail customers an additional $0.007-$0.04 per ccf (hundred cubic feet). This equates to approximately a 0.13%-0.72% water rate increase.
The Minimum Purchase Quantities were initially developed and imposed on agencies with multiple sources of water to provide the SFPUC with some level of wholesale revenue certainty. Otherwise, the SFPUC could see large decreases in purchase volumes and sales revenues during normal water supply years from those agencies purchasing water from much less expensive water supply sources, thus affecting the SFPUC’s fixed costs.
The proposal assumes the cost for the reduction in Minimum Purchase Quantities will be distributed among all the wholesale agencies, and the SFPUC’s retail customers. As one of the SFPUC’s largest water purchasers, Hayward could sustain a fiscal impact of approximately $284,000 annually, for at least the first several years, based on the City’s purchases from the SFPUC in FY21-FY24.
When the Minimum Purchase Quantity proposal was presented to the WMR in June 2024, Hayward expressed strong concerns regarding the financial impacts to the City as well as to other Wholesale Customers. Hayward’s Public Work’s Director and Water Resources Manager had a number of meetings, with staff representatives for the four Minimum Purchase Agencies and BAWSCA staff to develop a course of action that is fair and feasible for all effected agencies. However, Hayward’s concerns were eventually not included in the Minimum Purchase Quantity final proposal
Potential Impacts on Hayward Regarding Tier 1 and Tier 2 Amendments
Tier 1 Water Shortage Allocation Plan
The proposed amendments to the WSA regarding Tier 1 Plan will have no adverse impacts to Hayward. If the City were to exceed its water allocation during a drought, but the Wholesale Customers collectively use less than the total Wholesale Customer allocation from the SPFUC, the City will not be charged excess use fees.
General Updates to the Water Supply Agreement
The proposed additional amendments to the WSA are administrative and will have no fiscal impact.
Tier 2 Plan
The proposed updates to the Tier 2 Plan provide a predictable and equitable allocation framework. As Hayward depends on supplies from the SFPUC’s RWS, the formula ensures allocations are sufficient to meet public health and safety standards, and is vital for water supply planning and management purposes.
ECONOMIC IMPACT
The proposed amendment would increase the amount all Hayward water customers, including residences and businesses, will pay for water purchased from the SFPUC, which may result in modest increases to the rates charged to its customers. For a typical single- family home, the bi-monthly increase will average less than $1.
STRATEGIC ROADMAP
This agenda item does not directly relate to one of the Council’s six Strategic Priorities.
SUSTAINABILITY FEATURES
The WSA amendment might remove a potential water conservation incentive for one or two agencies.
PUBLIC CONTACT
The SFPUC approved the WSA amendments at its May 13, 2025, Commission meeting.
NEXT STEPS
The proposed WSA amendments and updates have been approved by all of the other Wholesale Agencies’ governing bodies (twenty-five) and the SFPUC. Hayward is the last agency to consider the amendment. If Hayward does not approve the WSA amendments, the amendments will not go into effect for the Tier 1 “Family Plan”, the Minimum Purchase Requirements, and discrete issues that arose over the course of implementing the WSA. In view of this staff recommends approval.
If Hayward does not approve the Tier 2 updates, drought allocations would default to a determination by the BAWSCA Board or the SFPUC, potentially resulting is a less favorable and unpredictable outcome.
Prepared by: Cheryl Muñoz, Water Resources Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_______________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
1 HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AMENDED AND RESTATED WATER SUPPLY
AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND
WHOLESALE CUSTOMERS IN ALAMEDA COUNTY, SAN MATEO COUNTY, AND
SANTA CLARA COUNTY
WHEREAS, water supply agencies in Alameda, San Mateo, and Santa Clara Counties have purchased water from th e City and County of San Francisco (San Francisco) for many years; and
WHEREAS, the San Francisco Public Utilities Commission (SFPUC) operates the Regional Water System (RWS), which delivers water to communities in Alameda, San Mateo, and Santa Clara Coun ties, as well as to customers within San Francisco (collectively, “the Parties”); and
WHEREAS, the Parties entered into the “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County” in 1984 (1984 Settlement Agreement and Master Water Sales Contract); and WHEREAS, in April 2003, water supply agencies in Alameda, San Mateo and Santa Clara Counties (collectively referred to as th e Wholesale Customers) established the Bay Area Water Supply and Conservation Agency (BAWSCA), as authorized by Water Code Sections 81300 et seq.; and
WHEREAS, upon expiration of the 1984 Settlement Agreement and Master Water Sales Contract, the Parties entered into the “Water Supply Agreement between San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County” (Water Supply Agreement or WSA) on July 1, 2009, authorized by SFPUC Resolution No. 09- 0069, dated April 28, 2009; and
ATTACHMENT II
2 WHEREAS, in 2017, the Wholesale Customers directed BAWSCA to act as its authorized representative in discussions and negotiations with San Francisco to amend the Water Supply Agreement to address a number of substantive issues and these negotiations resulted in the Parties' adoption of the Amended and Restated Water Supply Agreement in 2018 authorized by SFPUC Resolution No. 18-0212, dated December 11, 2018; and WHEREAS, on February 5, 2019, this Council , by Resolution No. 19 -025 approved the Amended and Restated Water Supply Agreement (2018 WSA); and WHEREAS, pursuant to WSA Section 3.07, four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collectively, the “Original Minimum Purchase Customers”) may purchase water from sources other than the SFPUC, but they are each obligated to purchase a specific minimum annual quantity of water from the SFPUC, referred to as a “Minimum Purchase Requirement;” and WHEREAS, historically, if a Minimum Purchase Customer does not meet its Minimum Purchase Requirement in a particular fiscal year, it must pay the SFPUC for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity set forth in WSA Attachment E; and
WHEREAS, some Original Minimum Purchase Customers pay the SFPUC for water that is not delivered due to either insufficient potable demand within their service area or conservation efforts during drought rationing; and
WHEREAS, as part of the 2018 negotiations, the Wholesale Customers and the SFPUC resolved to work to identify a resolution to this as part of a future contract amendment; and WHEREAS, in 2019, the Wholesale Customers directed BAWSCA to draf t a proposed amendment to the 2018 WSA to provide a procedure for expedited and permanent transfers of minimum annual purchase quantities that safeguards the financial and water supply interests of Wholesale Customers not participating in such transfers a nd these negotiations resulted in the Parties' adoption of the Amended and Restated Water Supply Agreement in 2021, authorized by SFPUC Resolution No. 21-009, dated January 26, 2021; and WHEREAS, on March 22, 2022, this , Council, by Resolution No. 22-061 approved the Amended and Restated Water Supply Agreement (2021 WSA); and WHEREAS, the 2021 WSA provided a significant, but incomplete solution to address the Original Minimum Purchase Customer’s concerns with the minimum purchase quantities through a transfer process; and
ATTACHMENT II
3 WHEREAS, 2021 WSA Section 3.11.C. provides that the SFPUC may reduce the amount of water available to the Wholesale Customers in response to a drought; and WHEREAS, 2021 WSA Section 3.11.C. provides that the Tier 1 Shortage Plan (Attachment H to the WSA) will be used, during system -wide shortages of 20% or less, to allocate water from the Regional Water System between Retail and Wholesale Customers ; and
WHEREAS, 2021 WSA Section 3.11.C. further provides that the SFPUC will honor allocations of water among the Wholesale Customers (Tier 2 Allocations) unanimously agreed to by all Wholesale Customers or provided by BAWSCA; and WHEREAS, in 2021, the SFPUC and BAWSCA implemented the Tier 1 and Tier 2 Plans for the first time; and
WHEREAS, th roughout 2022 and 2024, the Wholesale Customers ’ appointed negotiators convened at least once per month , to negotiate an update to the method for sharing water made available from the SFPUC during shortages caused by drought (Tier 2 Plan); and
WHEREAS, during the Tier 2 Plan negotiations, the Original Minimum Purchase Customers renewed discussions among the Wholesale Customers to identify a comprehensive and final solution to concerns about the minimum purchase quantities; and WHEREAS, during the Tier 2 Plan negotiations, the Wholesale Customers identified, and the SFPUC agreed to, changes to the Tier 1 Plan that would facilitate agreement on the updated Tier 2 Plan; and
WHEREAS, in June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to align with current water consumption trends, while protecting investment in the RWS; and
WHEREAS, in 2024, the SFPUC, the O riginal Minimum Purchase Customers, and BAWSCA held multiple meetings to identify amendments that would address challenges related to the Minimum Purchase Requirements; and
WHEREAS, once the SFPUC and the Original Minimum Purchase Customers discussed amendments to the Minimum Purchase Requirements, the Original Minimum Purchase Customers presented proposals to the broader Wholesale Customer group; and
ATTACHMENT II
4 WHEREAS, in 2024, the Wholesale Customers came to a final agreement on a package that includes an updated Tier 2 Plan, amendments to the minimum purchase quantity requirements, and amendments to the Tier 1 Plan; and
WHEREAS, with its Alternative Water Supply Program, the SFPUC is in the early stages of planning for projects to support the Wholesale and Retail Customers' ability to respond to climate change and address future water supply challenges and vulnerabilities, such as regulatory changes, earthquakes, disasters, emergencies, and increases in population and employment; and
WHEREAS, under 2021 WSA Section 3.06.D, the Parties agree that they will diligently apply their best efforts to use both surface water and groundwater sources located within their respective service areas and available recycled water to the maximum feasible extent, taking into account the environmental impacts, the public health effects, and the effects on supply reliability of such use, as well as the cost of developing such sources; and WHEREAS, each Wholesale Customer recognizes the importance of local water supplies in improving regi onal water supply reliability and commits to develop and use available local water supplies within their service areas, consistent with Section 3.06.D of the WSA; and
WHEREAS, as of January 2025, the SFPUC has budgeted $298.3 million over the next ten years to fund water supply projects; and
WHEREAS, the Parties now desire to approve an amendment to the 2021 WSA to reduce the minimum annual purchase quantities to 80% of average purchases from the most recent four (4) non -drought years and establish a co ntinuing, periodic review of the minimum annual purchase quantities on a 10-year schedule; and WHEREAS, the amendment will also establish a Rebound Year minimum annual purchase quantity calculation for the first year following a waiver of the Minimum Purchase Requirements; and
WHEREAS, the amendment further provides that Imputed Sales will not apply to an Original Minimum Purchase Customer that does not meet its individual Minimum Purchase Requirements if the collective SFPUC purchases from all Original Mi nimum Purchase Customers are equal to or greater than the total collective minimum annual purchase quantity; and
ATTACHMENT II
5 WHEREAS, the Parties also desire to adopt an amendment to the Tier 1 Plan to provide that excess use charges will not apply to Wholesale Cust omers that exceed their individual annual shortage allocation if the Wholesale Customers’ collective SFPUC purchases are less than the total Tier 1 allocation; and WHEREAS, the amendment further provides that if the collective Wholesale Customers’ SFPUC pu rchases exceed total Tier 1 allocation, excess use charges will be applied to each Wholesale Customer that exceeded its individual annual allocation, proportional to the collective Wholesale Customer's overuse of the total Tier 1 allocation; and
WHEREAS, the Parties also desire to adopt an amendment to the 2021 WSA to include the following substantive modifications:
a) update references in Section 2.03.C regarding BAWSCA’s authority to amend attachments;
b) extend the timing of the completion of the WSIP to refle ct the currently adopted program completion date (Section 3.09);
c) correct a reference to a SFPUC resolution number in Section 9.07; d) update “Imputed Sales” definition in Attachment A to reference Attachment E; e) update “Level of Service Goals and Objectives” d efinition in Attachment A to reflect updated and expanded Level of Service Goals and Objectives adopted by the SFPUC in November 2023; and
WHEREAS, the SFPUC approved these amendments and authorized the execution of a 2025 Amended and Restated Water Supply Agreement incorporating these amendments on May 13, 2025 pursuant to SFPUC Resolution No. 25-0074; and WHEREAS, the amendment considered now is not a "project" for the purposes of CEQA as it involves an administrative activity that does not result in a direct change to the environment (see 14 CCR Section 15378(b)(5)), and would not result in a direct or reasonably foreseeable indirect physical change in the environment (see 14 CCR Section 15060(c)(2)).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the "2025 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County" dated as of 2025 (2025 Amended and Restated Water Supply Agreement). BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the 2025 Amended and Restated Water Supply Agreement, in a form approved by the City Attorney, when final execution copies are prepared and distributed by BAWSCA.
ATTACHMENT II
6 IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
Attachment:
Exhibit A: Redline and clean excerpts showing changes to Sections 2.03, 3.07,
3.09, 9.07, Attachment A, Attachment E and Attachment H of the Amended and Restated Water Supply Agreement.
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE TIER 2
DROUGHT RESPONSE IMPLEMENTATION PLAN PURSUANT TO SECTION
3.11.C OF THE AMENDED AND RESTATED WATER SUPPLY AGREEMENT
WHEREAS, the City of Hayward (Hayward) is one of twenty-six (26) agencies in San Mateo, Santa Clara and Alameda Counties (Wholesale Customers) which purchase water from the City and County of San Francisco (San Francisco) pursuant to a Water Supply Agreement entered into in 2009, and amended in 2018, 2021 and 2025 (WSA). Collectively these 26 agencies are referred to in the WSA as Wholesale Customers; and
WHEREAS, Section 3.11 of the WSA addresses situations when the San Francisco Regional Water System (RWS) has insufficient water to meet the full demands of all users.
Section 3.11.C provides that during periods of water shortage caused by drought, the San Francisco Public Utilities Commission (SFPUC) will allocate available water between its retail customers and the Wholesale Cust omers collectively, in accordance with a schedule contained in the Water Shortage Allocation Plan set forth in Attachment H to the WSA (Tier 1 Plan); and
WHEREAS, Section 3.11.C authorizes the Wholesale Customers to adopt a Drought Allocation Plan, includ ing a methodology for allocating the available water among the individual Wholesale Customers (Tier 2 Plan) , which was originally adopted by the Wholesale Customers’ governing bodies in 2011. The WSA also commits the SFPUC to honor allocations of water un animously agreed to by all Wholesale Customers or, if unanimous agreement cannot be achieved, water allocations that have been adopted by the Board of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA). The WSA also provides that the SFPUC can allocate water supplies as necessary during a water shortage emergency if no agreed upon plan for water allocation has been adopted by the 26 Wholesale Customers or the BAWSCA Board of Directors; and
WHEREAS, Commencing in January 2022, representatives of each of the Wholesale Customers began me eting and developed a set of principles to serve as guidelines for an equitable allocation methodology, and to develop formulas and procedures, in order to implement those principles; and
ATTACHMENT III
WHEREAS, The Tier 2 Plan, has been endorsed by all of the Wholesale Customer representatives who participated in the formulation process and they have each recommended that it be formally adopted by the governing body of their respective agencies; and
WHEREAS, BAWSCA has advised Hayward that the other twenty-five Wholesale Customers have already adopted resolutions approving the updated Tier 2 Plan and Hayward is the only remaining agency; and
WHEREAS, The Tier 2 Plan allocates the collective Wholesale Customer share of RWS supply made available by the SFPUC among each of the 26 Wholesale Customers through December 31, 2034 and is coordinated with the term of the WSA, and extension and renewal terms.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the updated Tier 2 Drought Response Implementation Plan.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to sign the approved updated Tier 2 Drought Implementation Plan among the Wholesale Customers in the form approved by the Wholesale Customers.
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 25-537
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt Resolution Authorizing the City Manager to Apply for a State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) Loan and Approve Reimbursement Resolution in Support of SWRCB SRF Loan Application for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project
RECOMMENDATION
That City Council adopts (Attachments II and III):
1) Resolution Authorizing the City Manager to apply for a State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) Loan for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project in an amount up to $50 Million. 2) Reimbursement Resolution in Support of SWRCB SRF Loan Application
SUMMARY
The City of Hayward’s Department of Public Works & Utilities is pursuing a major capital improvement project to improve the Water Resources Recovery Facility, formerly known as the Water Pollution Control Facility, (WRRF Phase II Improvement Project, the “Project”) to meet the nutrient reduction mandate for treated effluent identified in the 3
rd Nutrients Watershed Permit adopted by the California Regional Water Quality Control Board in July 2024. The total cost of the project is estimated at $498 million, including capital costs, contingencies, and financing costs.
As part of the funding strategy, the City intends to finance $50 million of the project costs through the SWRCB Division of Financial Assistance’s SRF loan program (the “SRF Loan”). The remaining cost will be funded by publicly-sold revenue bonds, United States Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) loan, and sewer fund reserves. Application for SRF funding must be submitted by December 31, 2025. In order to initiate the loan application process, the City Council must authorize the City Manager to submit an application of the City’s behalf. In addition, Staff is currently in the process of completing the Financial Security Package as part of the application. In order to complete this package, SRF regulations require that the City adopts the Reimbursement Resolution.
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 2
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File #: CONS 25-537
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution, Application
Attachment III Resolution, Reimbursement
CITY OF HAYWARD Printed on 11/21/2025Page 2 of 2
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DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolution Authorizing the City Manager to Apply for a State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) Loan and Approve Reimbursement Resolution in Support of SWRCB SRF Loan Application for the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project
RECOMMENDATION
That City Council adopts (Attachments II and III):
1) Resolution Authorizing the City Manager to apply for a State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) Loan for the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project in an amount up to $50 Million. 2) Reimbursement Resolution in Support of SWRCB SRF Loan Application
SUMMARY
The City of Hayward’s Department of Public Works & Utilities is pursuing a major capital improvement project to improve the Water Resources Recovery Facility, formerly known as the Water Pollution Control Facility, (WRRF Phase II Improvement Project, the “Project”) to meet the nutrient reduction mandate for treated effluent identified in the 3rd Nutrients Watershed Permit adopted by the California Regional Water Quality Control Board in July 2024. The total cost of the project is estimated at $498 million, including capital costs, contingencies, and financing costs.
As part of the funding strategy, the City intends to finance $50 million of the project costs through the SWRCB Division of Financial Assistance’s SRF loan program (the “SRF Loan”). The remaining cost will be funded by publicly-sold revenue bonds, United States Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) loan, and sewer fund reserves. Application for SRF funding must be submitted by December 31, 2025. In order to initiate the loan application process, the City Council must authorize the City Manager to submit an application of the City’s behalf. In addition, Staff is currently in the process of completing the Financial Security Package as part of the application. In order to
complete this package, SRF regulations require that the City adopts the Reimbursement Resolution.
ECONOMIC AND FISCAL IMPACT
There is no General Fund impact related to this. This project will not utilize any General Fund monies and the debt service incurred will be obligated to the Wastewater Enterprise Fund.
The FY26 Adopted Capital Improvement Program (CIP) includes $63,279,000 in WRRF New Administration Building & Lab Project No. 07786 and $434,965,000 WRRF Phase II Improvement Project No. 07760 within the Sewer Improvement Fund (Fund 612.)
Staff engaged the City’s financial advisor, NHA Advisors, to discuss funding options as summarized in Table 1 below.
Table 1 – Potential Financing Options
Options Amount Status
Federal USEPA WIFIA loan Up to $260 million
(49% of project cost)
Signoff on hold by
USEPA since April 2025
State SWRCB Clean Water State
Revolving Fund (CWSRF) $50 million (max) Application in progress Private 2025 Wastewater Revenue Bond $124,885,000 Executed in March 2025 Private 2029 Municipal Bond TBD TBD
Cash Wastewater Enterprise Fund $25 million (5%) N/A
Others Grant $0 Researching, none
identified/fit thus far
BACKGROUND
WRRF was originally constructed in 1952 to treat wastewater flows from Hayward residents and businesses prior to discharge into the San Francisco Bay. Over the years, the facility has undergone several major upgrades to meet more stringent discharge requirements, as well as increasing capacity to meet the City’s growing population and industries. WRRF treats an average flow of approximately eleven million gallons per day and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay.
In May 2019, the San Francisco Bay Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the Bay. In June 2020, the City completed a comprehensive Master Plan update, the WPCF Phase II Facilities Plan (Facilities Plan). The Facilities Plan identifies the necessary improvements to upgrade the treatment process and meet the upcoming nutrient reduction requirements.
The City of Hayward’s Department of Public Works & Utilities is pursuing a major capital improvement project to improve the Water Resources Recovery Facility, formerly known as the Water Pollution Control Facility, (WRRF Phase II Improvement Project, the “Project”) to meet the nutrient reduction mandate for treated effluent identified in the 3rd Nutrients Watershed Permit adopted by the California Regional Water Quality Control Board in July 2024. The total cost of the Project is estimated at $498 million, including capital costs, contingencies, and financing costs.
City staff have worked with Brown and Caldwell (BC) and with the City’s municipal advisor (NHA Advisors) to develop a financing plan (Financing Plan) for the $498 million Project. The Financing Plan was presented to the Council Budget & Finance Committee at the May 15, 20241 meeting. Consistent with the Financing Plan, the City Council authorized the City Manager to apply for the WIFIA Loan in an amount up to $260 million, on April 16, 20242, and authorized the issuance of the 2025 Wastewater Revenue Bonds in an amount up to $135 million, approved by Council on February 25, 20253. The City subsequently sold $124,885,000 in 2025 Wastewater Revenue Bonds at a true interest cost of 3.96%. These 2025 Bonds are expected to provide approximately 26% of the total funding needed for the Project. On April 1, 20254, City Council authorized the execution and delivery of a WIFIA Loan Agreement with USEPA for $244,139,000. The City originally anticipated executing its WIFIA loan on April 11, 2025. However, the USEPA notified the City on April 10, 2025, that the loan execution was put on hold by the EPA Administrator and Office of Management and Budget.
DISCUSSION
The SRF program is a USEPA financing program administered in California by the SWRCB and provides low-cost loan for qualified water and wastewater projects. Loans are currently limited to $50 million for the FY 25-26 funding cycle. Favorable benefits of the SRF program include:
1) Loan interest rate set at ½ the State of California 30-year General Obligation Bond rate; and
2) SRF loans payback period begins one year after substantial completion; and 3) Typically, a 30-year (or useful life of the project whichever is lower) loan term.
In 2024, BC, NHA Advisors and City staff evaluated SRF as a potential funding option and determined that the Phase II project was unlikely to score high enough to be eligible for SRF funding among many other projects on SRF’s eligible funding list ahead of the City’s project. In addition, the California Water State Water Funding (CWSRF) announced a funding hiatus that will be in effect for several years starting in FY25. For these reasons, the SRF loan was not included as part of the original financing plan. However, in May 2025, CWSRF revised its policy to include “nutrient removal” project as part of the scoring guidelines. Due to the changing scoring guidelines, the WRRF Phase II project will likely score high enough to be
1 May 15, 2024 Council Budget & Finance Committee (https://hayward.legistar.com) 2 April 16, 2024 City Council (https://hayward.legistar.com) 3 February 25, 2025 City Council (https://hayward.legistar.com) 4 April 1, 2025 City Council (https://hayward.legistar.com)
eligible for SRF funding. Applications for FY25-26 funding cycle must be submitted by December 31, 2025.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following project:
Project N22: Design Water Pollution Control Facility Phase II upgrade
SUSTAINABILITY FEATURES
There are no Sustainability Features directly associated with this item.
PUBLIC CONTACT
The WRRF Phase II Improvements Project includes a web page to be hosted on the City’s website which is being periodically updated throughout the multi-year duration of the project.
NEXT STEPS
If Council approves, staff will submit the authorized resolutions to the SWRCB with the SRF application.
Prepared by: Elli Lo, Senior Management Analyst
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_________________________________________________
Jayanti Addleman, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member __________
ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND
FILE A STATE WATER RESOURCES CONTROL BOARD STATE REVOLVING
FUND LOAN FINANCIAL ASSISTANCE APPLICATION FOR CAPITAL
IMPROVEMENT PROJECT # 07760 – WATER RESOURCE RECOVERY
FACILITY IMPROVEMENTS – PHASE II PROJECT
WHEREAS, the City Council approved the FY 2026 Capital Improvement Program, which included Project #07760 – Water Resource Recovery Facility Improvements – Phase II Project; and
WHEREAS, the City intends to finance up to $50 million of the project costs through the State Water Resources Control Board’s State Revolving Fund loan program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward (the “Entity”), AS FOLLOWS:
The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of Water Resource Recovery Facility Improvements – Phase II Project (the “Project”).
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
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
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member __________
WATER RESOURCE RECOVERY FACILITY IMPROVEMENTS – PHASE II PROJECT #07760: REIMBURSEMENT RESOLUTION IN SUPPORT OF STATE
WATER RESOURCES CONTROL BOARD STATE RELVOVING FUND LOAN
APPLICATION
WHEREAS, the City of Hayward (the "City") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and
WHEREAS, the City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), and
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the City desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the City; and
WHEREAS, the City has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the City for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
SECTION 1. The City hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $50,000,000.
ATTACHMENT III
SECTION 3. This resolution is being adopted no later than 60 days after the date on which the City will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
SECTION 4. Each of the City’s expenditures will be of a type properly chargeable to a capital account under general federal income tax principles.
SECTION 5. To the best of our knowledge, the City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
SECTION 6. This resolution is adopted as official intent of the City in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.
SECTION 7. All the recitals in this Resolution are true and correct and the City so finds, determines and represents.
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 25-040
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-042
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Mayor
SUBJECT
Council-Appointed Officer’s Employment Agreement: Adopt a Resolution Approving Amendments to the Employment Agreement between the City of Hayward and Interim City Manager Jayanti Addleman and Authorize the Mayor to Execute the Amendment
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) approving an amendment to the employment agreement between the City of Hayward and Interim City Manager Jayanti Addleman and authorizes the Mayor to execute the agreement.
SUMMARY
On June 17, 2025 the City Council appointed Director of Library Services Jayanti Addleman as the Interim City Manager (ICM), effective July 1, 2025. As part of the agreement, parties agreed that ICM Addleman would remain in the position through at least December 31, 2025, and a permanent City Manager would not assume the office prior to that date. Despite the intention of the parties, recruitment for the permanent City Manager role resulted in the appointment of Jennifer Ott to the position prior to the date specified in the agreement. The amended employment agreement reflects the changed agreement between the parties to accommodate the appointment of the permanent City Manager on December 8, 2025.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Employment Agreement
CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
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DATE: December 2, 2025
TO: City Council
FROM: Mayor Salinas
SUBJECT: Council-Appointed Officer’s Employment Agreement: Adopt a Resolution Approving Amendments to the Employment Agreement between the City of Hayward and Interim City Manager Jayanti Addleman and Authorize the Mayor to Execute the Amendment.
RECOMMENDATION
That Council adopts a resolution (Attachment II) approving an amendment to the employment agreement between the City of Hayward and Interim City Manager Jayanti Addleman and authorizes the Mayor to execute the agreement.
SUMMARY
On June 17, 2025 the City Council appointed Director of Library Services Jayanti Addleman as the Interim City Manager (ICM), effective July 1, 2025. As part of the agreement, parties agreed that ICM Addleman would remain in the position through at least December 31, 2025, and a permanent City Manager would not assume the office prior to that date. Despite the intention of the parties, recruitment for the permanent City Manager role resulted in the appointment of Jennifer Ott to the position prior to the date specified in the agreement. The amended employment agreement reflects the changed agreement between the parties to accommodate the appointment of the permanent City Manager on December 8, 2025.
BACKGROUND AND DISCUSSION
On June 17, 2025 the City Council took action to appoint Library Services Director Jayanti Addleman as the Interim City Manager, effective July 1, 2025. Parties understood that recruitment for a permanent City Manager was underway and that Director Addleman would serve in an interim capacity until a permanent City Manager was appointed. However, parties further agreed that the permanent City Manager would not assume office prior to January 1, 2026.
Despite the terms of the agreement, recruitment for the City Manager position culminated prior to January 1, 2026. Aided by an executive recruitment firm, the City selected Jennifer Ott as the permanent City Manager effective December 8, 2025. As a result, Interim City Manager
Addleman will be unable to retain the position through the end of the term specified in her agreement.
The amendment to the Interim City Manager employment agreement indicates that ICM Addleman will return to her position as Hayward’s Director of Library Services effective December 8, 2025, coinciding with the appointment of City Manager Ott. So that ICM Addleman is afforded the benefit of the original contract, upon return to her prior position, she will receive a single PERS-ineligible payment in the amount of $8,085.60 to account for the differential base salary between the Director of Library Services position and the base salary of $385,008 that she would have received through December 31, 2025 per the terms of the unamended employment agreement.
As further consideration for the amendment, which includes a settlement and release of any and all claims against the City, the parties have agreed that upon return to her prior position, Director Addleman will be awarded 124 hours of management leave which must be taken by no later than December 31, 2025. The intent of this management leave allotment is to allow Employee the opportunity to take leave on a paid status through December 31, 2025.
FISCAL IMPACT
On its own, the proposed agreement amendment has the same financial obligation to the City as the unamended agreement. The action of onboarding a new City Manager on December 8, 2025, rather than January 1, 2026, and the resulting amendment to this agreement, taken together, have a fiscal impact of $8,085.60 to the General Fund.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap.
NEXT STEPS
If approved, staff will finalize the amended employment agreement with Jayanti Addleman and coordinate implementation of the salary and compensation changes with Payroll.
Prepared by: Sangeetha Waltz, Deputy City Attorney
Recommended by: Michael Lawson, City Manager
Approved by:
________________________________________________________ Mark Salinas, Mayor
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by _________________________
RESOLUTION APPROVING THE AMENDMENT TO THE EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF HAYWARD AND INTERIM CITY
MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, Interim City Manager Addleman and the City (collectively, “the Parties”) entered into a HAYWARD CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter “the Agreement”) dated for convenience June 25, 2025; and
WHEREAS, the Parties agreed that Jayanti Addleman would serve in an interim capacity through at least December 31, 2025; and
WHEREAS, the City’s recruitment for the permanent City Manager role culminated in a selection prior to the contract end date originally contemplated by the parties; and
WHEREAS, the City wishes to amend the Agreement to support the start of the permanent City Manager on December 8, 2025; and
WHEREAS, in consideration for the amendment, the Parties agree to provide Interim City Manager Addleman with 124 hours of management leave to be taken between December 8, 2025 through December 31, 2025; and
WHEREAS, the Parties further agree to provide Interim City Manager Addleman with a single PERS ineligible payment in the amount of $8,085.60 to account for the differential in base salary between her prior position and the base salary she would have received had she retained the Interim City Manager position through the date specified in the original Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the amendments to the employment agreement and authorizes the Mayor to execute the agreement.
ATTACHMENT III
IN COUNCIL, HAYWARD, CALIFORNIA, ____________________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
Miriam Lens
City Clerk
APPROVED AS TO FORM:
__________________________________________
Michael Lawson
City Attorney
ATTACHMENT III
1 AMENDMENT No. 2 TO HAYWARD CITY MANAGER EMPLOYMENT AGREEMENT
THIS AMENDMENT No. 2 to the HAYWARD CITY MANAGER EMPLOYMENT AGREEMENT with Jayanti Addleman, dated for convenience November , 2025 (the “Amendment”), is entered into between JAYANTI ADDLEMAN, an individual (hereinafter “Employee”) and the CITY OF HAYWARD, a municipal corporation of the State of California (hereinafter “Employer”).
RECITALS:
WHEREAS, on June 17, 2025 the City Council appointed Employee to serve as Interim City Manager effective July 1, 2025; and
WHEREAS, Employer and Employee, (collectively “the Parties”) entered into a HAYWARD CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter “the Original Agreement”) dated for convenience June 25, 2025; and
WHEREAS, the Parties executed an AMENDMENT to the Original Agreement (hereinafter “Amendment No. 1”) to correctly reflect a $385,008 base salary consistent with the City’s adopted salary schedule for the City Manager position; and
WHEREAS, the Parties wish to further amend the Original Agreement as it relates to the term and other benefits.
NOW, THEREFORE, in consideration of the covenants, conditions and terms hereinafter set forth, Employer and Employee do hereby agree to the following modifications to the Original Agreement.
That section or part in said Original Agreement entitled “Section 1 Term” is hereby amended to read as follows:
Section 1 Term
This Agreement shall continue in effect until the new permanent City Manager takes office on December 8, 2025, at which time Employee shall return to Employee’s Prior Position as Library Services Director, unless Employee resigns or Employee is removed or terminated earlier by the City Council pursuant to Section 5 of this Agreement.
That section or part in said Original Agreement entitled “Section 4 Health, Disability, Life Insurance, and Other Benefits” is hereby amended to read as follows:
Section 4 Health, Disability, Life Insurance, and Other Benefits
Employee shall continue to receive the same benefits as received in Employee’s Prior Position and as provided under Employee’s Existing Employment Agreement.
ATTACHMENT III
2 There will be no change in medical, dental, vision, disability or life insurance; annual leave accrual; management leave entitlement; retirement formula and percentage contribution; deferred compensation; personal equipment stipend; health and wellness stipend; automobile allowance, or any other benefits to which Employee is entitled in Employee’s Prior Position during this interim appointment, other than as specifically set forth as follows:
Upon return to Employee’s Prior Position, Employee will be awarded 124 hours of management leave which must be taken by no later than December 31, 2025. The intent of this management leave allotment is to allow Employee the opportunity to take leave on a paid status through December 31, 2025.
Upon return to Employee’s Prior Position, Employee will receive a single PERS ineligible payment in the amount of $8,085.60 to account for the differential in base salary between the Employee’s Prior Position and the base salary of $385,008 specified in this agreement which Employee would have received through December 31, 2025.
In addition to the benefits set forth herein, all actions taken by the City Council relating to benefits for Unrepresented Management Employees shall be considered actions grating the same level of benefits to Employee, unless mutually agreed otherwise between Employer and Employee.
All other provisions of the Original Agreement, not expressly changed hereby, remain the same and in full force and effect.
Employer agrees that provision of 124 hours of management leave by Employer to Employee is a material inducement and consideration for this Amendment No. 2.
Employee agrees as a further consideration and inducement for this Amendment No. 2 to expressly release all claims against Employer, whether known or unknown, related to the Original Agreement and any amendments thereto, and releases, waives and relinquishes the rights created under California Civil Code Section 1542 which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
This Amendment contains the entire agreement of the parties and all negotiations and agreements between the parties herein or their agents with respect to this Amendment No. 2 are hereby declared to be merged in this agreement.
The Amendment set forth herein shall be effective upon execution by the Parties.
ATTACHMENT III
3 IN WITNESS WHEREOF, Employee has executed this Agreement, and Employer, by and through its Mayor, duly authorized to act, has executed this Agreement.
Dated: November , 2025
Executed by:
Mark Salinas Jayanti Addleman
Mayor, City of Hayward Employee (Interim City Manager)
ATTEST:
Miriam Lens, City Clerk
APPROVED AS TO FORM:
Michael Lawson
City Attorney
Attachments: Exhibit A: Original City Manager Employment Agreement Amendment No. 1 to City Manager Employment
Agreement
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-045
DATE: December 2, 2025
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Fiscal Year 2026 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2026
RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) approving an amendment to the City of Hayward Salary Plan for Fiscal Year 2026 which designates all classifications and corresponding salary ranges for employment with the City of Hayward effective December 1, 2025 and December 12, 2025, superseding Resolution 25-170.
SUMMARY
As required by the Municipal Code, the Fiscal Year 2026 Salary Plan has been revised to reflect a salary adjustment to one appointed classification effective December 1, 2025, and December 12, 2025.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III FY 2026 Salary Plan Effective December 1, 2025 Attachment IV FY 2026 Salary Plan Effective December 15, 2025 CITY OF HAYWARD Printed on 11/21/2025Page 1 of 1
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