(Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. D), adopted January 21, 2025)
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CABARETS AND DANCES
Hayward, California, Municipal Code Created: 2025-08-05 08:52:40 [EST] (Supp.
No. 25, Update 1)
CABARETS AND DANCES1
SEC. 6-2.10 TITLE.
These provisions, relating to cabaret and dances as those terms are hereinafter defined, may be referred to as the "Cabarets and Dances Regulations."
SEC. 6-2.11 DEFINITIONS.
For the purposes of these regulations, unless otherwise apparent from the context, certain words and phrases are defined as follows:
a. "Applicant" shall mean a living person, corporation, partnership or other business entity that applies for a license to establish, operate, manage or maintain a cabaret or public dance or applies for a permit for a specific, one-time cabaret or public dance event. b. "Application" shall mean the form submitted by the owner or operator that, when completed by the applicant, contains information requested by the City of Hayward upon which the Chief of Police or designee may base his or her approval or denial of such application. ca. "Cabaret" shall mean any establishment, event, or place where live entertainment is provided by or for a minimum of one hundred any patrons or guests, including but not limited to: live music performances, singing, playing music, dancing, performing karaoke, acting, holding a fashion show, performing pantomime, performing comedy or other acts or performances and to which admission:
(1) May be gained by the public generally with or without the payment of a fee or cover charge or the purchase or presentation of a ticket or token; or
(2) May be gained by a person without invitation or by anyone who cannot be identified at the time of the issuance of the invitation by the sender.
db. "Day" shall mean a working day during which the City's administrative departments are open and available to the general public.
ec. "Employee" shall mean any person employed by a licensee or permittee, with or without compensation, in a cabaret.
fd. "License" shall mean an annual license granted by the Chief of Police to an applicant to operate a cabaret in the City of Hayward.
ge. "Licensee" shall mean any person who holds a current, valid license, issued by the City of Hayward to operate an on-going cabaret.
hf. "Owner" shall mean any person, persons, corporation, partnership or any other business entity, or any combination of these, who has any interest, legal or equitable, in any cabaret or any one -time cabaret or public dance permit, excepting a bona fide lending institution licensed by the State of California or the federal government.
1Note(s)—Public Dances Sections 6-2.10 through 6-2.17 repealed and replaced by Cabarets and Dances Sections 6 -
2.10 through 6-2.35 by Ordinance 13-15, adopted November 19, 2013.
Attachment IV, Exhibit K
Attachment XII
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ig. "Permit" shall mean a permit granted by the Chief of Police to an applicant to hold a specific, one -time cabaret or public dance event in the City of Hayward.
jh. "Person" shall mean and include any individual, firm, association, partnership, joint venture or corporation (whether for-profit or nonprofit), or other business entity. ki. "Premises" shall mean any structure or portion of a structure to be licensed or permitted, or for which a license or permit has been granted in accordance with the provisions of the Cabaret s and Dances Regulations.
l."Public Dance" shall mean any event where patrons, guests or persons attending the event are permitted to dance, not including a licensed cabaret, and to which admission:
(1) May be gained by the public generally with or without the payment of a fee or cover charge or the purchase or presentation of a ticket or token; or
(2) May be gained by a person without invitation or by anyone who cannot be identified at the time of the issuance of the invitation by the sender.
SEC. 6-2.12 CABARET LICENSE REQUIRED.
No person shall establish, maintain, manage or operate any cabaret or allow any cabaret to be established, maintained, managed or operated within any building or structure, or any portion of a building or structure, owned, occupied or controlled by him/her, unless such cabaret is maintained and operated pursuant to a valid, unexpired, unsuspended and unrevoked cabaret license issued pursuant to the provisions of the Cabaret s and Dances Regulations. The holder of any such license or his/her designated repres entative, which representative must have been disclosed in writing to the Chief of Police, shall be required to exercise personal control and direction over the operation of the cabaret and shall be available at reasonable times, during regular operating hours, to the Chief of Police or designee. The requirement for a cabaret license is in addition to any other license or permit required by the Hayward Municipal Code, including but not limited to a business license pursuant to Article 1 of Chapter 8 or any use permit or variance pursuant to Article 1 of Chapter 10. The requirement for a cabaret license is in addition to any other license or permit required by the Hayward Municipal Code, including but not limited to a business license pursuant to Article 1 of Chapter 8 and Chapter 10. License holders shall also be required to comply with the conditions of approval, requirements established with a ny use permit or varianceapprovals pursuant to Article 1 of Chapter 10 of the Hayward Municipal Code.
SEC. 6-2.13 EXCEPTION TO LICENSE OR PERMIT REQUIREMENTS FOR CERTAIN PUBLIC DANCES.
No cabaret permit or license shall be required for dances held by public recreational or educational agencies, or bona fide patriotic, religious, or fraternal associations or organizations, or for dances held in connection with patriotic, holiday, or school celebrations or festivals, where such dances are casual or for one (1) such occasion only, and are not conducted more often than once a month.
SEC. 6-2.14 APPLICATION FOR A LICENSE.
An application for a cabaret license shall be completed by the applicant and filed with the Police Department upon such form as may be furnished by that department. The Police Department shall forward copies of the application to the Director of the Finance Department and the Planning Manager of the Development Services Department. The application shall set forth and include the following:
a. The location of the cabaret for which the license is required, including a specific description of the place, building, structure or portion of the building, structure or place, where the cabaret is to be 231
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situated. If the entire building, structure or place is proposed to be used as a cabaret, the application shall so state and shall request a license for the entire building, structure or place. If only a portion of the building, structure or place is proposed to be used as a cabaret, the applicant shall so state, shall describe such portion and shall request a license for only such portion. No license shall be deemed issued for any portion of any building, structure or place which the application fails to s tate is to be used for cabaret purposes or for which the application fails to specifically request a license. b. The true and complete name and address of the Cabaret License applicant each owner or and/or owner(s) or lessee(s) of the building, structure or place within which the cabaret is proposed to be maintained:.
c. The true and complete name and address of the person or persons to whom it is requested that a cabaret license be issued as follows:
(1) If the proposed licensee is an individual, the application shall set forth the name, residence and business address of the individual;
(2) If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address, and the names and contact information of the authorized representatives of the corporation; and , as well as the names and addresses of the board of directors, the names and addresses of all of the corporate officers, and the names and addresses of each shareholder; and
(3) If the proposed licensee is a partnership, the application shall set forth the full names of all partners and the firm name under which the partnership operates, together with names and contact information of the authorized representatives of the firm. the addresses of all partners. d. A set of clearly identifiable fingerprints and photographs of each person to whom a license is to be granted; or in the case of a partnership, fingerprints and photograph of the managing partner; or in the case of a corporation, fingerprints and photograph of the president or chief executive officer. The fingerprints and photographs shall be in the form and manner and by an agency approved by the Chief of Police. The Applicant or licensee seeking a Cabaret License shall complete a Request for Live Scan Service and Background Check. Each person shall have paid to the Police Department the current fee set by the City of Hayward's Master Fee Schedule for receiving and processing fingerprints so taken. e. A statement as to whether or not any of the persons required to be named in the application have at any time been convicted of any crime or crimes and if so, the nature of the crime for which they were convicted, the date and jurisdiction of the conviction. f. A statement describing any previous permit or license, including any conditional use or other use permit, obtained by the applicant for the sale of alcohol or any entertainment or dancing activities with a statement as to whether any permit or license previously granted to the applicant has been denied, revoked or suspended, and also, the type of permit or license which was denied, suspended or revoked, the time of denial, revocation or suspension, the jurisdiction denying, suspending or revoking the permit or license and the reasons for such action;
g. A statement that the applicant understands and agrees that the cabaret established or maintained under any license issued pursuant to the application filed shall be established, operated, managed and maintained in full conformity with all the laws of the State of California and the applicable laws and regulations of the City of Hayward, and that any violation of any such laws in or in connection with the cabaret shall render any license subject to immediate suspension or revocation and the ongoing operation of the cabaret a nuisance;
h. A full and complete financial statement of the applicant (the individual, partnership, corporation or other business entity);
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ih. A statement that the applicant understands and agrees that City representatives, including the Chief of Police or designee, shall have access to the proposed cabaret premises and to the business records of the applicant for the purpose of investigating compliance with the provisions of these regulations and all other applicable state and federal laws and regulations, and the applicant consents to any such search and consequential seizure;
ji. A statement that the applicant understands and consents for itself and any individuals named in the application and thereby authorizes the Hayward Police Department to conduct background investigations and obtain criminal history information for each indiv idual named in the application and further to include in any report to the City Manager and City Council any information, including but not limited to any criminal convictions, that the Chief of Police considers relevant and necessary concerning any person named in the application;
kj. A detailed description of the proposed activities to be conducted including whether an admission fee or cover charge will be charged or whether tickets will be issued and the identity of all on -site managers;
lk. A description of the specific areas, facilities or operations where security will be provided and security measures the applicant has or will take or cause to be taken, including security personnel staffing, training and provision of security in and around off-street parking areas and whether security personnel will be armed. The description shall also include any security provisions established in these Cabaret Regulations, including section 6-2.30 (Patron Safety and Security). If the cabaret serves alcoholic beverages, such security measures shall be consistent with the provisions contained herein; ml. A statement regarding the days and hours of operation to which the licensee will adhere; nm. The building and floor plan of the premises, which shall have no hidden rooms or screens and which once the license is issued shall not be modified without the prior written approval of the City; on. A statement regarding whether alcohol will be served and whether the applicant has or will be applying for a license from the Department of Alcoholic Beverage Control; po. Such other information that the applicant or the City may consider pertinent; and qp. The contents of the application shall be certified under penalty of perjury as follows:
(1) By the proposed licensee if an individual;
(2) By a general partner if the proposed licensee is a partnership; or (3) By the president of the corporation if the proposed licensee is a corporation; (43) By the controlling owner/manager/executive of any other business entity.
SEC. 6-2.15 LICENSE APPLICATION FEE.
A nonrefundable application fee, the amount of which is set in the City of Hayward's Master Fee Schedule, shall accompany the application and shall be retained by the City for the cost of investigating and processing of the application, whether the application is approved. The application fee shall be paid to the Police Department at the time of submittal of the application.
(Amended by Ordinance 17-18, adopted Nov. 28, 2017)
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SEC. 6-2.16 LICENSE APPLICATION, ACCEPTANCE, REFERRAL, INVESTIGATION AND REPORT. a. Upon receipt of an application for a cabaret license, the Police Department shall examine it, and if it is determined that it fails to comply with the requirements of these regulations or does not contain all the information required by these regulations, the application shall be returned to the applicant for proper completion of the application, together with a statement indicating the deficiencies. If the application does comply, the Police Department shall refer copies to other City offices as needed, including the Planning Division of the Development Services Department.
b. The Chief of Police shall investigate or cause to be investigated, the contents of the application. The Chief of Police, or designee, is hereby authorized to conduct background investigations and obtain criminal history information for each person required to be named in the application for determining whether any such person should be disqualified for any of the following reasons:
(1) Applicant has been convicted of any crime punishable as a felony or any misdemeanor involving dishonesty or moral turpitude or has entered a plea of nolo contendere to any lesser or included offense, including but not limited to crimes involving battery, assault, robbery, burglary, gambling, larceny, fraud, sale or possession for sale of a controlled substance, prostitution, pimpi ng, pandering, or lewd conduct.
(2) Applicant has associated with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.
The Chief of Police, within sixtythirty (630) days of receipt of a complete application, shall render a decision on the application, and shall give reasons for the decision.
SEC. 6-2.17 LICENSE ISSUANCE.
a. Within ten (10) days of the decision by the Chief of Police, tThe license may be approved subject to such conditions, limitations and restrictions as may be deemed reasonably necessary. Each license approved by the Chief of Police shall be subject to the licensee's compliance with all applicable provisions of these regulations, in addition to such conditions, limitations and restrictions as the Development Services Department may deem reasonably necessary.
b. No license shall be approved if it appears that any one (1) of the following facts exists:
(1) The applicant for the license has not obtained approval of a conditional use or other use permit for the cabaret or primary use, if required by Article 1 of Chapter 10 of the Hayward Municipal Code; or (2) The operation of a cabaret at the proposed location will aggravate the crime problems in the area, or otherwise be detrimental to crime prevention or be detrimental to the public peace, health, welfare or safety in the area; or
(3) The Fire Chief, Building Official or Planning Director indicates that the license would result in a violation of the laws or regulations such officials administer; or (4) That the applicant, or its owners, officers or employees, are unfit to operate a cabaret business. In making such determination, the Chief of Police may consider:
(i) The commission conviction of any criminal acts punishable as a felony by the applicant, its owners, officers, or employees involving dishonesty, fraud or deceit with the intent to benefit substantially oneself or another, or substantially injure another; or (ii) The license and permit history of the applicant, its owners, officers and employees, and whether such person in previously operating in this or another state under a license or permit has had 234
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such license or permit revoked, denied or suspended, the reasons for such action, and the resulting actions of such persons;
(iii) The applicant does not have, in the judgment of the Chief of Police, the financial capability or business experience to operate a cabaret in a manner that would protect its patrons and the citizens of the community.
(5) That the applicant has failed to comply with any of the provisions of the Hayward Municipal Code or other applicable laws applicable to the premises, equipment or operation of the business for which a permit is requested; or
(6) That the applicant has knowingly made false statements in the application. c. Upon the approval or conditional approval of a license by the Chief of Police, the license shall be issued to the applicant within ten (10) days of such approval, pursuant to such conditions, limitations and restrictions required by the Chief of Police. In the case of a partnership, a license shall be issued in the name of all the partners.
d. In the event an application is denied, the Chief of Police shall notify the applicant within ten (10) days of such denial and the reasons for the denial. The decision of the Chief of Police may be appealed to the Planning Commission in accordance with the provisions of Section 10-1.2845 of this Code. e. Under no circumstances shall any conditions attached to any license be construed to convert such license into any kind of transferable, conditional use permit.
fe. Every licensee under these regulations shall pay a business license tax as set forth in Article 1 of Chapter 8 of the Hayward Municipal Code.
SEC. 6-2.18 SUSPENSION AND REVOCATION OF LICENSE.
All licenses authorized and issued under the provisions of the Cabarets and Dances regulations shall be subject to suspension or revocation by the Chief of Police under any of the following conditions:
a. The licensee, or any employee or agent of such licensee has knowingly failed to comply with any of the provisions of these regulations; or
b. The licensee, or any employee or agent of such licensee, has knowingly breached any term or condition upon which the cabaret license was issued; or
c. Facts exist which would justify denial of an application for such license pursuant to these regulations; or
d. The cabaret is conducted in such a manner as to constitute a nuisance, or to disturb the peace of persons in the vicinity or to be deleterious to the public peace, morals, health, safety or welfare; or e. The conditional use permit or other use permit approved for the cabaret has been suspended or revoked; or
f. The licensee has failed or refuses to pay such fees or taxes imposed under the Hayward Municipal Code when due and payable.
SEC. 6-2.19 PROCEDURES FOR THE SUSPENSION AND REVOCATION OF CABARET AND DANCE LICENSES.
Cabaret and dance licenses or permits may be suspended or revoked pursuant to Article 1 of Chapter 6. 235
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SEC. 6-2.20 EXPIRATION DATE OF LICENSES.
All cabaret licenses issued pursuant to these regulations shall automatically expire one (1) year after such license was issued or renewed.
SEC. 6-2.21 RENEWAL PROCEDURES AND FEES FOR LICENSES.
A valid license issued pursuant to the provisions of these regulations, or its predecessor regulations, which has not been surrendered, suspended or revoked, may be renewed for respective periods of not longer than one (1) year upon the following terms and conditions:
a. An application for renewal of any such license shall be filed sixty (60) days prior to the expiration of the existing license with the Police Department on forms provided by that Department. b. Applications for renewal shall indicate whether any information required by Section 6 -2.14 herein has changed, and shall be accepted, referred, investigated, reported, issued and dated as provided in Sections 6-2.16 and 6-2.17 hereinabove. If the completed application for renewal is submitted in a timely manner as required under subsection (a) above, then pending the completion of such investigations and reports, the existing cabaret license shall not expire pursuant to Section 6- 2.20. c. If such application for renewal is not filed, or the application fee is not paid within the time specified by subsection (a) above, the license shall be deemed surrendered at the expiration date of such license. d. Renewal fees for licenses shall be the same as those fees charged for new licenses. e. Any current cabaret licensee who desires to physically relocate their cabaret must file an application for renewal pursuant to Sections 6-2.14 through 6-2.17 hereinabove and obtain a conditional use permit such a use permit for the new location, if same is required by Chapter 10, Article 1 of the Hayward Municipal Code.
SEC. 6-2.22 LICENSES NON-ASSIGNABLE.
a. Except as otherwise provided for in these regulations, no cabaret license may be sold, transferred or assigned by the licensee, or by operation of law, to any person, persons or legal entity without the prior approval of the Chief of Police, which approval shall be conditioned upon the proposed transferee's compliance with the Cabarets and Dances regulations. Any sale, transfer or assignment, or attempted sale, transfer or assignment without such prior approval shall be deemed a voluntary surrender of such license, which license shall immediately be deemed terminated and void. b. A license issued to an individual who dies during the calendar year shall terminate one (1) year after the license was issued, except that the personal representative of the estate of that individual may apply for renewal of the license for one (1) year providing the representative has complied with all requirements of these regulations.
c. If the licensee is a partnership and one (1) or more of the partners dies, the surviving partners, or partner, may, with prior approval of the Chief of Police, acquire, by purchase or otherwise, the interest of the deceased partner, or partners, without affecting a surrender or termination of the license. d. Any change in the board of directors of a corporation which holds a license or in the managing partners of a partnership or the ownership of any other business entity that holds a license shall require the prior approval of the Chief of Police, which may condition such approval on any appropriate basis based on the criteria listed in these Cabaret Regulations.
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e. Any change of legal status of a licensee (such as a change from individual to corporate status) not otherwise provided in this section, shall require the prior approval of the Chief of Police, who may condition such approval on any appropriate basis.
SEC. 6-2.23 COMMENCEMENT OF OPERATIONS.
a. An applicant who has received approval for a cabaret or license and paid all appropriate fees must commence operation of the cabaret within ninety (90) days following issuance of the license. b. A license becomes void upon a ninety (90) day absence or suspension of operations allowed by it, regardless of the reasons for the absence or suspension of operations; except that the Chief of Police may, during the ninety (90) days, extend the time for an additional sixty (60) days, for good cause shown.
SEC. 6-2.24 OBLIGATION TO INFORM OF CERTAIN CHANGES CONCERNING LICENSEES. a. The licensee shall notify the Police Department in writing within fourteen (14) days of any change in the information required in an application for license issuance or renewal as provided in Section 6 -2.14, except that no such change need be reported if such change occurs within thirty (30) days immediately preceding the expiration of such license. At the discretion of the City, a new or amended application for a license may be required.
b. The Chief of Police shall promptly inform the relevant City departments of any notification received pursuant to the provisions of subsection (a) above.
SEC. 6-2.25 RECORD AND VIDEO SYSTEMS.
The licensee shall keep and maintain all cabaret books, documents, records and accounts (whether in printed form or as electronic media) in accordance with recognized business accounting principles. Any and all video recordings made for security in the cabaret shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of seven (7) days, unless longer or shorter periods of time are ordered by the Chief of Police or designee. All video recordings must be made available to any law enforcement agency for duplication upon demand.
SEC. 6-2.26 PERMITS FOR SINGLE CABARET OR PUBLIC DANCE EVENTS. a. A single cabaret event or public dance event may be conducted in the City of Hayward upon the issuance of a permit by the Chief of Police.
b. An applicant shall file an application with the Chief of Police at least two (2) weeks prior to the proposed event with the application fee set forth in the City's Master Fee Schedule. The application shall include:
(1) The location of the cabaret or public dance event.
(2) The true and complete name and address of the person or persons to whom it is requested that a cabaret permit be issued, as follows:
(i) If the proposed permit is an individual, the application shall set forth the name, residence and business address of the applicant;
(ii) If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address, and the names and contact information of the authorized representatives of the corporation; and , as well as the names and addresses of the board of directors, the names 237
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and addresses of all of the corporate officers, and the names and addresses of each shareholder; and
(iii) If the proposed licensee is a partnership, the application shall set forth the full names of all partners and the firm name under which the partnership operates, together with names and contact information of the authorized representatives of the firm.the addresses of all partners. (3) The true and complete name and address of each applicant, lessee(s) and/or owner or owners of the building, place or structure within which the cabaret or public dance is proposed to be conducted. (4) A description of the event including date and times of the event, number of people expected to attend, and whether alcohol will be served and if so whether the appropriate approval has been received by the State Department of Alcoholic Beverage Control.
(5) A description of the security measures that will be taken, both at the event and in and around off - street parking areas. If alcohol will be served at the event, the security measures shall meet the requirements contained herein.
(6) Any further information the Chief of Police deems necessary in reviewing the application. c. Any such permit for a single cabaret or public dance event shall only be approved if the event will occur in a zoning district that permits such an activity pursuant to the Zoning Ordinance set forth in Chapter 10 of the Hayward Municipal Code.
d. In granting or denying such permit, the Chief of Police shall give consideration to the public health, safety and welfare, particularly for those persons living in the surrounding area. e. Only one (1) permit for a single cabaret or public dance event will be issued for a particular applicant or for a particular location within a three-month period.
f. Permits issued for a single cabaret event or a public dance event are nontransferable and non-assignable. g. If both cabaret and dance activities are intended, only one (1) permit under this section will be required, depending on the primary activity to be conducted.
SEC. 6-2.27 OPERATING REGULATIONS FOR ALL CABARETS AND DANCES.
It shall be unlawful for any person operating a cabaret or conducting a n dance or entertainment event, or any agent, employee, or representative or such person, to permit any breach of the peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct or otherwise, or to violate or permit the violation of any of the following regulations:
a. The area in which any dancing is being done shall be kept well lighted. b. No obscene or illegal conduct or behavior within the building and/or premises of a licensed Cabaret event shall be permitted.
c. No person under the age of eighteen (18) years shall be admitted unless accompanied by his parent, guardian or other person having the care and custody of such person. The Chief of Police may approve a permit to allow younger participants, if the event is planned specifically for youth. d. No dancing shall be permitted between the hours of 2:00 a.m. and 10:00 a.m. e. All persons shall be fully clothed.
f. No person under the influence of intoxicating liquor shall be admitted or permitted to remain in or upon the premises.
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g. At all times during the holding of any dance or event, all doors leading from or opening into the place where the danceevent is held, are to remain unlocked, unbarred, or unfastened. h. No return check shall be issued.
SEC. 6-2.28 LICENSEE/PERMITTEE RESPONSIBLE FOR VIOLATIONS.
The licensee of any cabaret or permittee for any cabaret or public dance event shall comply with all generally applicable state and local laws and regulations, andbe responsible for all violations of shall comply with the laws of the State of California, and or of the ordinances, regulations and conditions of the City of Hayward that relate to the operation of a cabaret, which occur within the cabaret, whether or not the violations occur within the licensee's/permittee's presence or with the licensee's/permittee's knowledge. The licensee/permittee agrees that allowing more patrons on the premises than that authorized by the Hayward Fire Marshal constitutes a violation of the license and may be enforced by the Police Department.
SEC. 6-2.29 VIOLATION OF STATE AND CITY LAWS.
No licensee (or its agents or employees) nor permittee (or its agents or employees) shall engage in or permit any other person on such premises to engage in any act in violation of the laws of the State of California or of the ordinances, regulations and conditions of the City of Hayward.
SEC. 6-2.30 PATRON SAFETY AND SECURITY.
The licensee/permittee shall be responsible for the security and safety of patrons in the cabaret in and around off-street parking areas. Security shall meet the following performance standards:
a. There shall be a minimum of one (1) security personnel on duty for the first fifty (50) patrons on site.
Once the number of patrons exceeds fifty (50), there shall be one (1) additional security personnel on duty for up to and including each additional fifty (50) patrons on site. "On-site" means all patrons within the establishment and waiting in line to enter the establishment. b. The security personnel shall be on duty when the entertainment begins or 9:00 p.m., whichever is earlier, and shall remain on duty for at least one-half hour after the establishment closes or until all patrons have vacated the area immediately surrounding the establishment and the parking sites used by the patrons.
c. The security personnel shall provide security inside the establishment, along the outer perimeter of the establishment and parking sites immediately adjacent to the establishment and used by the patrons. d. Security personnel shall use an ID scanner to verify authenticity of ID cards for all patrons who enter the business.
e.d. The security personnel, in coordination with the Hayward Police Department, shall remove all illegal contraband that may be found on patrons, report the existence of the contraband to the Hayward Police Department, identify the person in possession of the contraband and immediately turn the contraband over to the proper law enforcement authorities. f.e. All security personnel shall be registered and maintain valid registration status with the State of California's Department of Consumer Affairs. All security personnel shall be registered at a level that is equivalent to or greater than a proprietary private security officer. Proof of registration for all security personnel shall be maintained by the establishment's operator and shall consist of application forms, receipts for application fees and live scan fees and any other document showing evidence of valid registration.
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g.f. At closing time, the security personnel shall ensure that the establishment's patrons have been cleared from the sidewalk and street areas in front of the establishment, from other areas around the perimeter of the establishment and from areas within one hundred fifty (150) feet of the establishment.
hg. While on duty, all security personnel shall wear a nameplate containing the security personnel's full name and the word "Security" printed in bold, capital letters that are at least three -fourths of one (1) inch high and in contrasting color. The nameplate shall be exhibited prominently on the clothing, at chest level, and shall be visible and easily read at all times. The nameplate shall be a minimum of two (2) inches high and four (4) inches wide. As an alternative to a nameplate, the security personnel's name and the word "Security" may be embroidered on the security personnel's outermost garment with the required information meeting the above specifications and located at chest level. ih. The establishment's operator shall not allow any security personnel to, and no security personnel shall, sit at the bar, or consume alcoholic beverages or any controlled substance, be under the influence of alcoholic beverages or any controlled substance, or engage in any violations of the law while on duty. ji. The establishment's operator shall not allow any security personnel to be, and no security personnel shall be, in possession of any firearm while on the establishment's premises without the security personnel having first obtained a license from the appropriate state or local agency authorizing the security personnel to be in possession of a firearm.
kj. If the establishment employs or otherwise engages security personnel who will be in possession of a firearm while on the establishment's premises, the security personnel shall provide the Chief of Police with the following documentation no less than fourteen (14) days prior to the date the security personnel will begin performing services at the establishment:
(1) A copy of the license issued to the security personnel authorizing the possession of such firearm; (2) A copy of the security personnel's law enforcement identification if employed by a law enforcement agency; and
(3) A copy of the security personnel's California driver's license or California identification card. lk. The establishment's operator shall at all times manage waiting lines outside the establishment to ensure that there are no impediments to pedestrian travel in the pedestrian walkway, no blockage of neighboring businesses, and no disturbance of the public peace. ml. At least one (1) person in possession of a valid cabaret license shall be present at the establishment at all times when entertainment requiring a cabaret license is being provided. Said licensee shall cooperate fully with the Chief of Police, or any City official responsible for enforcing the Alcoholic Beverage Outlet regulations, with any inquiry, inspection reasonable request or investigation necessary to implement the requirements of these regulations or to enforce any other state, local or federal law.
SEC. 6-2.31 POSTING OPERATING REGULATIONS.
A set of operating regulations in a form approved by the Chief of Police and containing the provisions of Sections 6-2.27 through 6-2.33 herein, as well as any relevant operating conditions that may be imposed by the Chief of Police, City Council or the Planning Commission, shall be prominently posted by licensee/permittee in at least one (1) conspicuous location within every cabaret, as determined by the Chief of Police.
SEC. 6-2.32 INSPECTION FOR ENFORCEMENT; SUMMARY SUSPENSION.
All premises operating pursuant to the terms of these regulations may be administratively inspected for violations of these regulations, without a warrant at any time during normal operating hours by the Chief of Police 240
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(Supp. No. 25, Update 1)
of the City of Hayward or designee. Any evidence of any violation of the terms of these regulations that are observed during an inspection may be seized without warrant provided that such evidence shall be specifically identified and a receipt shall be given to the owner of such evidence and to the licensee of such premises or his agent. At all times, a designated manager or person in charge shall be on the premises and available to the Police Department. Evidence collected during an inspection may be used to support administrative enforcement proceedings under this Code or other applicable regulations. A violation of these Cabarets and Dances regulations may result in immediate closure by the Police Department, pursuant to the summary suspension provisions set forth in the Alcoholic Beverage Outlets regulations (Hayward Municipal Code Sections 10- 1.2750 et seq.).
SEC. 6-2.33 POWERS OF CHIEF OF POLICE AND OFFICERS.
The Chief of Police and his/her sworn officers shall have the power to stop any public dance or close any premises, whether a permit is issued hereunder or not, for disturbing the peace, disorderly conduct, obscene or indecent behavior, or for violation of any law or ordinance.
SEC. 6-2.34 INJUNCTIVE RELIEF; ADMINISTRATIVE CITATION.
In addition to the legal remedies provided for in this Code, the operation of any cabaret in violation of the provisions of these regulations or other applicable laws and regulations shall be deemed a public nuisance, and the City of Hayward may bring an action in any court of competent jurisdiction to enjoin such nuisance or issue an administrative citation pursuant to Chapter 1, Article 7 of this Code.
SEC. 6-2.35 VIOLATIONS; PENALTIES.
Any person violating any provision of these regulations or knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in procuring the license or permit shall be punishable as set forth in Article 3 of Chapter 1 of this Code.
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-179
DATE: May 5, 2026
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Service Agreement with Bay Area Tree Specialists for the Fire Department’s Vegetation Management Programs through June 30, 2031, in an Amount Not-to-Exceed $200,000 Annually and $1,000,000 Total, Contingent Upon the Annual Receipt and Appropriation of Grant Funding to Support the Agreement
RECOMMENDATION
That City Council adopts the attached resolution (Attachment II) authorizing the City Manager to enter into an agreement with Bay Area Tree Specialists for the Hayward Fire Department’s(HFD) Vegetation Management Programs through June 30, 2031 in an amount not to exceed $200,000 annually and $1,000,000 total. The continuation of this agreement is contingent upon the annual receipt and appropriation of grant funding dedicated to these services. Services offered to the community include the Department’s no cost chipping services, Residential Assistance Program (RAP), and as-needed fuel reduction services.
SUMMARY
HFD is seeking to contract with Bay Area Tree Specialists to assist the Department in running its Vegetation Management Program through June 30, 2031. The cost of the contract is to be fully funded by annual grants HFD receives, and will amount to no more than $200,000 annually, and $1,000,000 in total.
HFD has already been awarded $215,000 from the Department of Forestry and Fire Prevention (CAL Fire) for the 2026 calendar year to help fund the Vegetation Management Program. Receipt and appropriate of the funds was previously approved by Council via Resolution 26-015.
HFD will seek additional grant funding during the course of the agreement, allowing the program to continue on an annual basis, and will obtain approval from Council to receive and appropriate that funding annually.
ATTACHMENTS
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File #:CONS 26-179
Attachment I Staff Report
Attachment II Resolution
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DATE: May 5, 2026
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Service Agreement with Bay Area Tree Specialists for the Fire Department’s Vegetation Management Programs through June 30, 2031, in an Amount Not -to-Exceed $200,000 Annually and $1,000,000 Total, Contingent Upon the Annual Receipt and Appropriation of Grant Funding to Support the Agreement
RECOMMENDATION
That City Council adopts the attached resolution (Attachment I I) authorizing the City Manager to enter into an agreement with Bay Area Tree Specialists for the Hayward Fire Department’s (HFD) Vegetation Management Programs through June 30, 2031 in an amount not to exceed $200,000 annually and $1,000,000 total. The continuation of this agreement is contingent upon the annual receipt and appropriation of grant funding dedicated to these services. Services offered to the community include the Department’s no cost chipping services, Residential Assistance Program (RAP), and as-needed fuel reduction services.
SUMMARY
HFD is seeking to contract with Bay Area Tree Specialists to assist the Department in running its Vegetation Management Program through June 30, 2031. The cost of the contract is to be fully funded by annual grants HFD receives, and will amount to no more than $200,000 annually, and $1,000,000 in total. HFD has already been awarded $215,000 from the Department of Forestry and Fire Prevention (CAL Fire) for the 2026 calendar year to help fund the Vegetation Management Program. Receipt and appropriate of the funds was previously approved by Council via Resolution 26-015.
HFD will seek additional grant funding during the course of the agreement, allowing the program to continue on an annual basis , and will obtain approval from Council to receive and appropriate that funding annually.
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BACKGROUND
HFD established a vegetation management program in 2012 to assist residents of Hayward and Fairview with creating defensible space in high-fire hazard areas. The Vegetation Management Program offers a no-cost chipping service for residents who cut and stack their brush and tree limbs to be chipped for their use or hauled away. Since the inception of the program, HFD has received several requests for assistance with cutting and stacking materials from residents unable to perform the required work. In response, HFD implemented a RAP to assist community members unable to perform these tasks due to age, low income, or disability. HFD relies fully on grant funding to sustain this program and anticipates continued support from future local, state, and federal grants. FY26 funding was received from CAL Fire and appropriated via Council Resolution 26-015.
DISCUSSION
In March 2026, HFD conducted RFP# 26-036 to solicit quotes to perform as needed vegetation management services. HFD’s Vegetation Management Program consists of on -call tree limb chipping service, residential assistance program for defensible space, and as needed fuel reduction services determined by our annual surveys, complaint inspections, and defensible space projects. HFD received seven responses to the RFP and on April 16, 2026, an award letter was issued to Bay Area Tree Specialist.
With the addition of the grant funding and expanded scope of work associated with the grant project, it is necessary for HFD to enter into a contract with a provider that has a large enough operation to handle the additional volume anticipated with the grant-funded opportunities. At the conclusion of the RFP review, HFD has selected to partner with Bay Area Tree Specialists as the provider to assist with vegetation management related work. The grant has no cost matching obligations and is fully reimbursable through Cal Fire.
Bay Are Tree Specialists was selected due to their extensive resume including successful government and private contracts since their inception in 2004. Additionally, their staff lists a wide range of expertise in critical areas, as well as managing a fleet that can handle the volume of work anticipated in the upcoming year. Bay Area Tree Specialists also provided a clear and concise work plan in partnership with HFD which provided the confidence that they would be both an excellent partner and high -quality provider. In a comparison study, costs were also aligned with similar providers, and with the addition of the grant funding, a feasible option for the City.
FISCAL IMPACT
This contract is fully funded through grants, does not require the use of City budgeted money and will have no impact on the City’s funds. These funds will allow HFD to procure supplies and services it would not be able to under this year’s operating budget.
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STRATEGIC ROADMAP
This initiative supports the Strategic Roadmap priority to “Enhance Community Safety”. In particular, it supports the metric to “Strengthen Emergency Preparedness.”
NEXT STEPS
Upon approval of the attached resolution, the City Manager will negotiate and execute an agreement with Bay Area Tree Specialists and staff will commence with scheduling Vegetation Management Program participants.
Prepared by: Lauren Dekas, Management Analyst
Norma Marples, Senior Secretary
Recommended by: Ryan Hamre, Fire Chief
Approved by:
______________________________
Jennifer Ott, City Manager
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ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH BAY AREA TREE SPECIALIST FOR THE FIRE
DEPARTMENT’S VEGETATION MANAGEMENT PROGRAMS THROUGH JUNE 30, 2031 IN A NOT-TO-EXCEED AMOUNT OF $200,000 ANNUALLY AND $1,000,000 TOTAL, CONTINGENT UPON THE ANNUAL RECEIPT AND
APPROPRIATION OF GRANT FUNDING TO SUPPORT THE AGREEMENT
WHEREAS, the Hayward Fire Department established residential assistance vegetation management programs in 2012 to assist local property owners in creating defensible space in high-fire hazard areas; and
WHEREAS, the Hayward Fire Department has continuously relied on grant funding and community support funds to continue these services as offered to residents of Hayward and unincorporated Fairview; and
WHEREAS, the Hayward Fire Department has been awarded grant funding from CalFIRE to support the program initiatives for calendar year 2026 and Resolution 26-025 appropriated and accepted the funding via Resolution 26-015; and
WHEREAS, after completing the RFP process through OpenGov and receiving seven proposals the vendor selected to perform the work for the 2026-2031 calendar years is Bay Area Tree Specialists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to enter into an agreement with Bay Area Tree Specialist for the Fire Department’s Vegetation Management Programs through June 30, 2031 in a not-to-exceed amount of $200,000 annually and $1,000,000 in total, contingent upon the annual receipt and appropriation of grant funding to support the agreement.
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ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2026
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
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-185
DATE: May 5, 2026
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting the Resignation of Commissioner Melissa Milleman from the Clean and Green Commission, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Melissa Milleman from the Clean and Green Commission, effective immediately.
SUMMARY
Commissioner Melissa Milleman was appointed to the Clean and Green Commission on September 12, 2023. Ms. Melissa Milleman’s resignation becomes effective immediately, according to her resignation letter (Attachment III).
Ms. Melissa Milleman’svacated position may be filled as part of the annual appointment process for the City’s appointed officials.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
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DATE: May 5, 2026
TO: Mayor and City Council
FROM: City Clerk
SUBJECT Adopt a Resolution Accepting the Resignation of Commissioner Melissa Milleman from the Clean and Green Commission, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Melissa Milleman from the Clean and Green Commission, effective immediately.
SUMMARY AND DISCUSSION
Commissioner Melissa Milleman was appointed to the Clean and Green Commission on September 12, 20 23. Ms. Melissa Milleman’s resignation becomes effective immediately, according to her resignation letter (Attachment III).
Ms. Melissa Milleman’s vacated position may be filled as part of the annual appointment process for the City’s appointed officials.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC INITIATIVES
The agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
______________________________
Jennifer Ott, City Manager
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ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-_____
Introduced by Council Member ______________
RESOLUTION ACCEPTING THE RESIGNATION OF MELISSA MILLEMAN FROM
THE CLEAN AND GREEN COMMISSION
WHEREAS, Ms. Melissa Milleman was appointed to the Clean and Green Commission (formerly Keep Hayward Clean and Green Task Force) on September 12, 2023; and
WHEREAS, Ms. Melissa Milleman submitted a letter of resignation on April 20, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Ms. Melissa Milleman; and commends her for her service to the City.
IN CITY COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2026
ADOPTED BY THE FOLLOWING VOTE:
AYES: CITY COUNCIL MEMBERS:
MAYOR:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
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ATTACHMENT III
From: melissa milleman
Sent: Monday, April 20, 2026 8:00 AM
To: Colleen Kamai <[email protected]>; Angela Andrews <[email protected]>; Todd Rullman <[email protected]> Cc: Tom Ferreira
Subject: CGC and Regrettable Resignation
Hello All,
It is truly with heavy heart and deep regret that I have to officially resign from the Clean & Green Commission. My mom has been in the hospital again with a serious Sepsis infection.
When she does come home (we are praying) she is going to need almost full time care for which I will be responsible for the majority. Unfortunately it just won't be fair for me to continue with CGC as I now cannot even make it to the upcoming Agenda Meeting and Saturday Citywide Clean Up event at the end of this week.
Being a part of CGC and KHCG has absolutely been one of the more rewarding endeavors of my life. I am going to miss if greatly and all the amazing people I've come to know and had the privilege to work alongside for the wonderful City of Hayward. I will be hoping this isn't the last opportunity I will have in life to serve this community.
Thank you for all your incredible support both professionally, and at times personally, over the years!
With Appreciation and Gratitude,
Melissa Milleman
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 26-012
DATE: May 5, 2026
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Capital Improvement Program: Review of Recommended Capital Improvement Program for FY27 - FY36
RECOMMENDATION
That the City Council reviews and comments on the Recommended Capital Improvement Program (CIP) for FY27 through FY36.
SUMMARY
The CIP is a planning document intended to guide the City’s capital project expenditures for the upcoming ten-year period. The proposed CIP budget includes approximately $264 million in FY27 and an estimated $1.3 billion in the next ten years. Given that Hayward is a full-service city, the CIP covers a wide range of projects, which may include street construction and improvements; bike and pedestrian improvements; traffic calming; wastewater, recycled water, storm water, and water system upgrades; groundwater projects; construction of public buildings; airport projects; replacement of major equipment; clean and renewable energy generation; and other miscellaneous projects. As in past years, the document also includes Identified and Unfunded Capital Needs, which currently total $637 million.
The Recommended FY27 - FY36 CIP can be found here <https://www.hayward-ca.gov/your- government/documents/capital-improvement-program> on the City’s website and features an online format. More information about navigating the new format can be found via the link provided.
Planning Commission Review
State law requires that the Planning Commission review the Recommended CIP to ensure consistency with the City’s adopted General Plan. The Recommended FY27 - FY36 CIP was presented to the Planning Commission at their April 9, 2026, meeting, and with six members present, the Commission unanimously found that the Recommended FY27 - FY36 CIP is consistent with the City’s 2040 General Plan.
Council Infrastructure & Airport Committee Review
On April 22, 2026, the Council Infrastructure & Airport Committee (CIAC) discussed the proposed CIP CITY OF HAYWARD Printed on 5/1/2026Page 1 of 2
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File #:WS 26-012
budget, and inquired on the General Fund impact of CIP projects in Capital Project (Governmental) Fund 405. In response, the requested information has been added to the report under General Fund Transfers and Internal Service Fund expenditures tables. In addition, Attachment II has detailed the proposed budgets of all CIP projects that are fully funded by General Fund in Fund 405.
The CIAC also discussed Police and Fire equipment items and whether they belong in the CIP. These and similar operational equipment items have been included in Capital (Governmental) Fund 405 since FY 2012, based on the direction of City Council, in order to better understand and capture a more complete picture of the overall expenditures for each of the departments and to allow for the prioritization of projects based on the amount of funding available each fiscal year. Attachment II includes the proposed budget and description of each of the Police and Fire equipment purchases. The FY27 proposed total budget for Fire equipment is $429,000 and for Police equipment is $1,950,000. Staff is evaluating moving all items that are not traditional Capital Improvement Projects items to the respective department’s Operating Budgets in future years.
The CIAC also inquired on the status of several CIP projects including the Recycled Water Master Plan, Public Safety Center, and La Vista Park, as well as inquired details about Police Department’s Automated License Plate Readers (ALPR) Expansion Project. With one CIAC member abstaining, citing lack of detailed information regarding the proposed General Fund Transfers, two remaining CIAC members approved and recommended the CIP’s adoption to the City Council.
ATTACHMENTS
Attachment I Staff Report
Attachment II FY27 CIP Projects Fully Funded by General Fund CITY OF HAYWARD Printed on 5/1/2026Page 2 of 2
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DATE: May 5, 2026
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Capital Improvement Program: Review of Recommended Capital Improvement Program for FY27 – FY36
RECOMMENDATION
That the City Council reviews and comment s on the Recommended Capital Improvement Program (CIP) for FY27 through FY36.
SUMMARY
The CIP is a planning document intended to guide the City’s capital project expenditures for the upcoming ten -year period. The proposed CIP budget includes approximately $264 million in FY27 and an estimated $1.3 billion in the next ten years. Given that H ayward is a full-service city, the CIP covers a wide range of projects, which may include street construction and improvements; bike and pedestrian improvements; traffic calming; wastewater, recycled water, storm water, and water system upgrades; groundwat er projects; construction of public buildings; airport projects; replacement of major equipment; clean and renewable energy generation; and other miscellaneous projects. As in past years, the document also includes Identified and Unfunded Capital Needs, wh ich currently total $637 million.
The Recommended FY27 – FY36 CIP can be found here1 on the City’s website and features an online format. More information about navigating the new format can be found via the link provided.
Planning Commission Review
State law requires that the Planning Commission review the Recommended CIP to ensure consistency with the City’s adopted General Plan. The Recommended FY27 – FY36 CIP was presented to the Planning Commission at their April 9, 2026, meeting2, and with six members
1 https://www.hayward-ca.gov/your-government/documents/capital-improvement-program 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=7970005&GUID=5A581C40-0C62-431C-A29C-3DD9E951C526 255
present, the Commission unanimously found that the Recommended FY27 – FY36 CIP is consistent with the City’s 2040 General Plan.
Council Infrastructure & Airport Committee Review
On April 2 2, 202 63, the Council Infrastructure & Airport Committee (CIAC) discussed the proposed CIP budget and inquired on the General Fund impact of CIP projects in Capital Project (Governmental) Fund 405. In response, the requested information has been added to the report under G eneral Fund Transfers and Internal Service Fund expenditures tables.
In addition, Attachment II has detailed the proposed budgets of all CIP projects that are fully funded by General Fund in Fund 405.
The CIAC also discussed Police and Fire equipment items and whether they belong in the CIP.
These and similar operational equipment items have been included in Capital (Governmental) Fund 405 since FY 2012, based on the direction of City Council, in order to better understand and capture a more complete picture of the overall expenditures for each of the departments and to allow for the prioritization of projects based on the amount of funding available each fiscal year. Attachment II includes the proposed budget an d description of each of the Police and Fire equipment purchases. The FY27 proposed total budget for Fire equipment is $429,000 and for Police equipment is $1,950,000. Staff is evaluating moving all items that are not traditional Capital Improvement Projects items to the respective department’s Operating Budgets in future years.
The CIAC also inquired on the status of several CIP projects including the Recycled Water Master Plan, Public Safety Center, and La Vista Park, as well as inquired details about Police Department’s Automated License Plate Readers ( ALPR) Expansion Project. With one CIAC member abstaining, citing lack of detailed information regarding the proposed General Fund Transfers, two remaining CIAC members approved and recommended the CIP’s adoption to the City Council.
FISCAL IMPACT
The capital budget for FY27 totals approximately $264 million, with a total of approximately $1.3 billion tentatively programmed for the entire ten-year period from FY27 through FY36.
An additional $637 million of unfunded needs have been identified for the same period.
After careful review of the City's capital funds, there are two funds (Funds 405 and 410) that show negative balances that will need to be addressed and repaid over time. Staff are tracking these negative funds along with all City funds, and will incorporate a plan to address these fund as part of the City’s longer range sustainable fiscal planning.
• The majority of projects in Fund 405 rely on General Fund and are non-discretionary expenses supporting basic operational needs for multiple departments. Staff is evaluating the cash shortfall and will make recommendations as a part of a longer
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term fiscal strategy such as identifying other funding sources and through gradual increases of General Fund transfers until the fund no longer has a negative cash balance. Some reasons for the negative balance include amounts of transfers -in not having been made in prior years, unanticipated revenue shortfalls, and the use of the apparent fund balance to address flood damage to San Lorenzo Creek.
• Fund 410 includes infrastructure improvement projects in the Route 238 corridor, such as the Mission Boulevard Corridor Improvement Project – Phases 2 and 3. Some of this negative position will be addressed through the Local Alternative Transportation Improvement Program (LATIP). In 2005, the State created a LATIP to fund improvements along State Route 238 as Caltrans properties are sold. When the City gives Caltrans the amounts they are due for each parcel, that money is put in the LATIP to reimburse the City for designated Route 238 projects, including the Mission Boulevard projects. Staff is evaluating ways to address the entire cash shortfall.
General Fund Transfer
Four of the twenty-three CIP funds rely on some transfers from the General Fund for project expenses. The following table reflects the proposed General Fund transfers to these four funds when compared to FY26.
CIP Fund FY24 GF
Transfer
FY25 GF
Transfer
FY 2026 GF
Transfer
FY 2027 GF
Transfer
Increase
/(Decrease)
from FY 2026
405/Capital Projects
(General) $2,231,630 $500,000 $500,000 $2,516,000 $2,016,000 460/Transportation
System Improvement $500,000 $0 $800,000 $0 ($800,000)
726/Facilities
Management Capital $360,000 $425,000 $95,000 $1,172,000* $1,077,000 731/Information
Technology Capital $300,000 $1,248,000 $50,000 $0 ($50,000) Total Cost to General
Fund
$3,391,630 $2,173,000 $1,445,000 $3,688,000 $2,243,000
*As part of the preparation for the May 12 operating budget work session, staff has identified another possible source of funding for this transfer. If the fundings source is feasible, staff will make that update in the CIP document that comes to Council for adoption in June.
• Fund 405 – Capital Projects: Staff recommends a General Fund transfer of $2,516,000 for non-discretionary expenses supporting basic operational needs for multiple departments. Attachment II details the proposed budgets of all CIP projects that are fully funded by General Fund in Fund 405.
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• Fund 460 – Transportation System Improvement : Staff does not propose a General Fund transfer for FY27, as staff was able to secure other funding sources to support transportation projects. The budget for all projects was reduced from $800 ,000 to $444,000 and was allocated to special funds as follows:
Project
No. Project Description FY 2027 Moved to Fund
05709 Traffic Control Device
Repair/Replacement - MSD $64,000 210 Gas Tax
05856 Controller Cabinet Replacement
and Battery Back Up Program $120,000 210 Gas Tax
05734 Traffic Calming Implementation
Program $100,000 210 Gas Tax
05893 Quick Response Traffic Safety
Projects $100,000 210 Gas Tax
05714 Transportation Software and
Resources $10,000 212 Measure BB
(Local Transportation)
05712 Intersection Improvement
Project $50,000 212 Measure BB
(Local Transportation)
Total $444,000
• Fund 726 – Facilities Management Capital : There is a negative cash balance in Fund 726. The recommendation above is to transfer $1.172 million from the General Fund to cover this balance. As mentioned above, staff is exploring an alternative funding source for this transfer and will amend the CIP before adoption if that source of funding is feasible.
• Fund 731 – Information Technology Capital: No General Fund transfer proposed for FY27 as projects are either removed or deferred to future years.
Internal Service Fees
Four of the CIP funds are also Internal Service Funds, meaning they use Internal Service Fees (ISF) to finance project expenses. Internal Service Fees are collected when one City department provides a service to another, drawing those service expenses from the operating budget of the benefiting department. Although some departments are funded by Enterprise funds, many are part of the General Fund. The Internal Service Fees paid by General Fund -supported departments have an impact on the General Fund. The total proposed Internal Service Fees for FY27 including ISF Capital Funds will be presented as part of the Operating Budget and a summary is shown in the table on the next page.
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CIP Fund FY 2026 ISF FY 2027 ISF
Increase
/(Decrease)
from FY 2026
726/Facilities Management Capital $450,000 $450,000* $0 731/Information Technology Capital $50,000 $850,000* $800,000 736/Fleet Management Capital
(General Fund) $1,300,000 $0 ($1,300,000)
737/Fleet Replacement (Enterprise
Funds) $506,000 $691,000 $185,000
Total ISF $2,306,000 $1,991,000 ($315,000)
* As part of the preparation for the May 12 operating budget work session, staff has identified another possible source of funding for the Facility Capital ISF and savings to reduce the IT Capital ISF to $460,000. If feasible, staff will make these updates in the CIP document that comes to Council for adoption in June.
• Fund 726 – Facilities Management Capital: While the recommendation above shows a transfer of $450,000 through ISF, staff is exploring an alternate funding source for this transfer . Staff will amend the CIP before adoption if that source of funding is feasible
• Fund 731 – Information Technology Capital : Over the past several years, t he IT Department has made modifications to its capital budget to move a number of expenses into the IT operating fund (Fund 730), reducing the anticipated transfer for Fund 731. While the recommendation above shows a continued transfer of $850,000, staff is exploring additional savings that may reduce the ISF transfer to $460,000. Staff will amend the CIP before adoption if additional savings are feasible. • Fund 736 – Fleet Management Capital : Staff does not recommend a General Fund transfer to Fund 736 . Instead, staff recommends that purchases of police, fire and other general fleet purchases are deferred from FY27 to future years unless other funding sources are identified.
• Fund 737 – Fleet Replacement (Enterprise Funds) : Staff proposes an ISF transfer of $691,000 to Fund 737 in order to purchase vehicles and equipment specific to enterprise-funded operations for City’s Water, Sewer/Utilities, Airport, and Stormwater Divisions. Typical purchases include sweepers, utility -body vehicles, heavy equipment, and passenger vehicles.
It is important to note that most of the ISF referenced above have General Fund impacts, as many Departments paying ISF are funded by the General Fund. Fund 736 for General Fund Fleet Replacement, for instance, supports fleet replacement efforts for the Fire Department, Police Department, and other General Fund-funded departments, and therefore has a direct General Fund Impact.
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Project Cost by CIP Category
The proposed project costs by CIP category are as follows:
Project Category FY 2026
Adopted
FY 2027
Recommended
Increase/
(Decrease)
from FY 2026 CIP
Sewer System Projects $72,255,662 $171,062,706 $98,807,044 Water System Projects $17,230,350 $39,723,000 $22,492,650 Livable Neighborhoods $30,544,206 $23,715,200 ($6,829,006) Pavement
Rehabilitation Projects $13,719,000 $13,388,000 ($331,000) Airport Projects $2,596,000 $4,701,359 $2,105,359
Road & Street Projects $994,500 $4,518,000 $3,523,500
Equipment & Software $5,469,000 $3,059,000 ($2,410,000) Fleet Management $3,118,000 $2,610,000 ($508,000)
Misc. Projects $2,736,914 $1,057,000 ($1,679,914)
Municipal Facilities
Improvements
$12,300,000 $300,000 ($12,000,000)
Total Capital
Improvement Projects $160,963,632 $264,134,265 $103,170,633
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Project Cost by CIP Fund
The proposed project costs in each CIP Fund are as follows:
CIP Fund
FY 2027
Recommended
(210) Special Gas Tax $4,866,000
(211) RRAA (SB1) $5,400,000
(212) Measure BB - Local Transportation $7,465,785
(213) Measure BB - Ped & Bike $3,972,561
(215) Measure B - Local Transportation $0
(216) Measure B - Ped & Bike $0
(218) Vehicle Registration Fund $700,000
(219) Measure BB - Paratransit $0
(405) Capital Projects $11,558,000
(406) Measure C Capital $0
(410) Rte. 238 Corridor Improvement $0
(411) Rte. 238 Settlement Admin $750,000
(450) Street System Improvements $3,672,000
(460) Transportation System Improvements $6,692,854
(603) Water Replacement $9,501,000
(604) Water Improvement $30,322,000
(611) Sewer Replacement $12,760,000
(612) Sewer Improvement $158,402,706
(621) Airport Capital $4,701,359
(726) Facilities Capital $300,000
(731) Information Tech Capital $460,000
(736) Fleet Management Capital $1,155,000
(737) Fleet Management Enterprise $1,455,000
Total $264,134,265
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BACKGROUND
The CIP process begins with staff’s preparation of projects and related cost estimates, which are framed by the guidance provided by City Council, as well as the needs of the community.
Capital projects are identified and prioritized with an emphasis on eliminating geographic inequities in the distribution of City services and infrastructure. Highest priority is given to areas in the community which have experienced a disproportionate le vel of improvements in past years, as well as those communities with the current highest need.
The projects in the Recommended FY27 – FY36 CIP have also been identified and prioritized based on their relevancy to the Strategic Roadmap. The CIP, by its nature, predominantly supports the Invest in Infrastructure Priority, but it also includes several projects which support the Confront Climate Crisis & Champion Environmental Justice, Enhance Community Safety & Quality of Life, Grow the Economy, and Strengthen Organizational Health Priorities.
The projects ultimately identified for inclusion in the CIP are designed to meet the requirements of the City’s General Plan, specific plans, and master plans. The capital project funding requests are then submitted for evaluation to an internal capital projects review committee. Once the review committee’s feedbac k is incorporated, the Recommended Ten - Year CIP is compiled and presented to the Planning Commission for determination of consistency with the General Plan, as well as the Council Infrastructure & Airport Committee for review and input. The public can provide comments at each of these meetings, as well as at the last public hearing, which is tentatively planned to take place on June 2, 2026. It is at this final public hearing that the capital spending plan for the upcoming year will be considered by City Council for adoption.
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DISCUSSION
The CIP is a planning document intended to guide the City’s capital project expenditures for the upcoming ten -year period. The proposed CIP budget includes approximately $264 million in FY27 and an estimated $1.3 billion in the next ten years. Given that H ayward is a full-service city, the CIP covers a wide range of projects, which may include street construction and improvements; wastewater, recycled water, storm water, and water system upgrades; groundwater projects; construction of public buildings; airp ort projects; replacement of major equipment; clean and renewable energy generation; and other miscellaneous projects. As in past years, the document also includes Identified and Unfunded Capital Needs, which currently total $637 million.
Below is a discussion of major projects in each category for which work will begin or continue into FY27. Please note that not all of the projects featured in this report are being recommended to receive new FY27 funding.
Livable Neighborhoods Projects
Projects categorized as “Livable Neighborhoods” include street lighting projects, pedestrian traffic signal improvements, transportation equity projects, traffic calming measures, parks, buildings, public art and engagement, as well as sidewalk and wheelchair ramp improvements throughout the City. Some examples of Livable Neighborhoods Projects in the Recommended FY27 – FY36 CIP include the Campus Drive Improvements, through which the City is implementing pedestrian, bicycle, and traffic calming improvement s to address safety concerns and mobility needs in the 0.78 mile -stretch of Campus Drive between 2nd Street and Hayward Boulevard.
The Alameda County Transportation Commission (Alameda CTC) Safe Routes to School program conducts regular School Safety Assessments for the public schools in Hayward and throughout the County, resulting in a set of infrastructure recommendations to make it easier for students to bike and walk to school. Hayward's Safe Routes to School Program (SR2S) was created to implement these recommendations. In collaboration with partners including Hayward Unified School District, Alameda CTC, and various community organizations, SR2S will combine engineering tools with safety education and other activities to encourage students to choose alternate modes of transportation on their way to school.
The City applied for and received grant funding from the California Air Resources Board to fund infrastructure improvements recommended by the School Safety Assessments. These improvements include new crosswalks, bulb-outs, street restriping and other improvements that will enhance safety for pedestrians, cyclists, and transit riders. The schools for this project include Burbank Elementary, Faith Ringgold, Impact Academy, Longwood Elementary, Martin Luther King Jr. Middle, Park Elementary, Schafer Park Elem entary, Southgate Elementary, Tennyson High, Tyrrell Elementary, Winton Elementary, and Palma Ceia Elementary.
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Another project is the Industrial Parkway/Ruus Road Bicycle Network and Intersection Improvement Project. This project will install traffic signal upgrades at the intersection of Industrial Parkway and Ruus Road to add left -turn protected phasing, convert pedestal- mounted traffic signal to mast arm, raised pavement markings and striping, pedestrian signals and APS pushbuttons. Improvements will improve traffic safety at the intersection and increase accessibility of all road users.
Another ongoing Livable Neighborhoods Project is La Vista Park, the 39 -acre destination park located a quarter mile east of the intersection of Tennyson Road and Mission Boulevard in South Hayward. In FY22, the California Environmental Quality Act (CEQA) r eport was updated to include the park expansion area. The project has been awarded and construction is planned to commence in Spring 2026, with completion estimated by Fall 2027.
Road and Streets Projects
Projects in the “Road and Streets” category range from curb and gutter repair to major gateway corridor improvements and are primarily funded through non -discretionary funding including Measure B (Fund 215 and 216) and Measure BB (Fund 212, 213, and 219), Gas Tax (Fund 210), Vehicle Registration Fee (VRF) (Fund 218), Route 238 Corridor Improvement (Fund 410), Streets Improvement (Fund 450), Transportation System Improvement (Fund 460), and grants such as LATIP and Alameda CTC funds.
A key project in this category is the Interstate 880 Interchange Improvements (Winton Avenue/A Street.) The first phase of the project focuses on the Interstate 880/A Street interchange location, where the project will construct shared pedestrian and bicyc le separated paths and other enhancements to the Interstate 880/A Street interchange and improve the freeway ramps and traffic signals for safer and more efficient operation. It will address safety at the I-880 on and off ramps and will create improved pedestrian and bicycle connectivity under the freeway. Funding currently allocated is for the design phase for the I- 880/A Street interchange only.
Another project in this category is the Tennyson Road Railroad Crossing Safety Enhancement Project. This project will improve the safety at the at-grade rail crossing located on Tennyson Road by mitigating potential hazards to reduce the chance of future i ncidents. Proposed improvements include installation of queue-cutter signals, signage, striping, crosswalk, bulb- outs, pedestrian channelization, fencing, and trespass mitigation. This project is fully funded by the Rail Highway Crossing Program (Section 130).
Pavement Rehabilitation
Pavement Rehabilitation projects are a subsection of the Road and Streets projects which are typically discussed separately because they represent a relatively large part of the annual CIP. Approximately $13.3 8 million in Pavement Rehabilitation programming is recommended for FY27.
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Street selection for pavement rehabilitation projects is based on several criteria. First, the Pavement Management Program (PMP) is used to evaluate current roadway conditions and future condition predictions. The PMP provides a logical and efficient method for identifying street rehabilitation needs and determining a path for implementation. Staff also refers to the Metropolitan Transportation Commission’s (MTC) guidelines, Maintenance Services staff’s reports on streets in need of repair, especially after a severe rainy season, and public requests for street rehabilitation. The PMP is updated every two years and is a prerequisite for certain funding sources. The industry standard practice recommended by MTC is that a minimum of 15% of funding be spent on preventive maintenance and a maximum of 85% on pavement rehabilitation. The City improves on this standard with a minimum of 20% spent on preventive maintenance and 80% on pavement rehabilitation.
The City has invested heavily in paving industrial streets in the last few years including additional industrial sections that are planned to be repaved this summer. The City has paved almost all streets in poor condition in industrial areas so starting next year and beyond, the City investment in industrial streets wil l be lower. Additionally, in 2014, City Council approved the Economic Development Strategic Plan , which recommended additional improvements be made to streets in the Industrial area. Approxim ately 15% to 20% of the overall paving budget is allocated to improvements in that area. Staff also has an internal policy to allocate at least 10% of the overall paving budget to roads with a Pavement Conditions Index (PCI)4 of less than 30.
The table below shows the City’s historical PCI for the last ten years. It is measured on a scale of 0 to 100, where 100 means a newly paved road. Both last year’s PCI of 78 and the three recent year average of 76, are the highest scores in decades.
Year 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Pavement
Conditions
Index
(PCI)
66 70 71 70 69 69 69 71 74 76 78
Municipal Facility Improvements
The “Municipal Facility Improvements” category includes projects that involve improvements to existing municipal buildings and construction of new municipal buildings.
One major project included in this category is the Public Safety Center (PSC) – Conceptual Facility and Site Design. The existing Hayward Police station no longer meets the space, operational, staffing and security requirements for the Hayward Police Department (HPD).
Built in 1975, the existing facility is near the end of its useful life an d functionally obsolete.
The facility is undersized, poorly configured, outdated, and requires security and technology improvements to meet HPD’s current needs. With the police department headquarters building, currently there is also a temporary holding facility. The conceptual facility and site design for a new PSC will need to encompass not only current HPD staffing, but it will also
4 https://mtc.ca.gov/operations/programs-projects/streets-roads-arterials/pavement-condition-index 265
need to be designed and built to accommodate future growth. There is also the desire for increased services from the Youth and Family Services Bureau that must be included in the new Public Safety Center. Animal Services, currently located at the City’s Co rporation Yard, should also be added to the campus for a more centralized location for all safety -related services. The Crime Scene Technician (CST) Lab should also be integrated into the new PSC.
Consequently, satellite police related campuses could event ually be repurposed for other critical City services as all police department related services could be relocated to the new Public Safety Center. All of these options were considered and included in the conceptual design and site assessment, which was recently completed in March 2026.
The City’s Corporation Yard, used by both the Maintenance Services Department and Public Works & Utilities Departments is old and outdated. A new project will assess the space and facilities needs for the foreseeable future as the basis for the design of the new facilities. This project is reconfiguring the usable space more efficiently, replacing outdated infrastructure installed over 60 years ago, and making improvements to meet ADA compliance. The project scope will also improve ventilation and modernize the facilities.
Sewer System Projects
The “Sewer Systems” category includes projects which are Enterprise Fund -supported, and which are related to the improvement of the City’s sewer collection system, water re -use efforts, and Water Resource Recovery Facility (WRRF), formerly known as Water P ollution Control Facility (WPCF).
The City’s sewer line replacement projects are examples of key projects in this category.
They typically involve the replacement of pipelines that are showing signs of age, or the upsizing of undersized mains to increase their conveyance capacity to handle current and future flows. With an ambitious goal of replacing an average of 2 miles of sewer mains annually, the proposed CIP recommends $7.3 million in funding for the FY27 Sewer Line Replacement Program.
Other projects in this category include those related to the WRRF Phase II Improvements, which have been established following the recent development of a Facilities Plan Update, that is intended to guide the plant’s infrastructure and technology needs for the next twenty years. The Phase II Facilities Plan addresses future regulatory requirements restricting discharge of nutrients to the Bay. Although the San Francisco Bay has not been adversely impacted by nutrient loading, discharge of nutrients is a growing concern and, as a result, recent requirements have been developed regulating the discharge into the Bay.
The design of the project is complete and all current regulatory approvals have been secured.
In addition to the design and construction of the Phase II WRRF Upgrade, the project includes a new administration building and laboratory, as well as other relat ed improvement needs.
The total cost of the Project is estimated at $498 million, including capital costs, contingencies, and financing costs. As part of the funding strategy, Staff has successfully issued the 2025 Wastewater Revenue Bonds in Spring 2025, providing funding for 26% of the total project cost. However, staff also applied for the USEPA Water Infrastructure Finance 266
and Innovation Act (WIFIA) loan, which provides 49% of the project cost. Since April 2025, the loan execution was put on hold by the USEPA. Staff are doing what is possible through advocacy and outreach to help remove the hold and release the funds. Staff has also submitted a Clean Water State Revolving Fund (CWSRF) loan application for $50 million in December 2025 and anticipates the funding decision by May 2026. Staff plans to sell another series of municipal bonds in 2029 to help finance the remaining cost of project.
Recycled Water Projects
The Recycled Water Projects are also included in the Sewer Systems category. These projects are intended to improve the City’s overall water supply reliability and conserve drinking water supplies through the delivery of tertiary treated recycled water to sites near the WRRF for landscape irrigation and industrial uses. Construction of the storage tank, pump station, and distribution pipelines for the system was completed in FY20. Construction of the treatment facility was completed in Summer 2020, and recycled water deliveries to the first phase of customers began in March 2022. Staff is currently developing a Recycled Water Master Plan to guide design and construction efforts for Phase II of the Recycled Water Program. Phase II will involve increasing the recycled water customer base, which will require designing and constructing an expanded treatment facility to meet the increased demand.
Water Systems Projects
“Water System Projects” are Enterprise Fund-supported and are related to the improvement of our water system, as well as projects which promote water conservation. One key program in this category is the Cast Iron Water Pipeline Replacement Program. Over t he next ten years, the City will annually replace existing cast iron pipes that are either reaching the end of their practical useful life, as evidenced by the frequency of the main and service connection breaks and leaks, or they are hydraulically undersi zed. The Recommended CIP includes $650,000 in FY27 to support this effort.
The FY27 Annual Line Replacement Program is another key Water Systems project, which involves the replacement of existing water mains to provide adequate capacity for fire flow and to maintain the operability of the water distribution system. Water mains a re selected for a variety of reasons including having exceeded service life, frequency of breaks, and/or upgrades needed for supply reliability. With a goal of replacing an average of 2 miles of water pipeline annually, the proposed CIP includes $6.3 million in funding for the FY27 Annual Line Replacement Program.
Fleet Management
The “Fleet Management” category is comprised of projects involving the replacement of fleet units in various departments, divisions, and work groups. Fleet purchases benefiting the Fire and Police departments are predominantly funded by transfers from the General Fund, while fleet purchases benefiting the Airport, Stormwater, Sewer, and Water divisions are predominantly supported by Enterprise funding. Approximately $2.6 million in FY27 Fleet 267
Management category projects are included in the proposed CIP, and involve projects supporting General Fund fleet replacement efforts, Enterprise Fund -supported fleet replacement efforts, and Electric Vehicle Infrastructure efforts.
The City maintains a fleet of approximately 450 vehicles and equipment units, and the useful life of these fleet units is maximized and managed via the 10 Year Fleet Capital Replacement Plan. The plan identifies replacement timelines based on age, mileage, maintenance, and safety. When it comes time to retire a unit, carbon emissions are a key consideration. This is in alignment with the City's Strategic Roadmap "Confront Climate Crisis & Champion Environmental Justice" Priority Project to transition 15% of total City fleet to EV/hybrid models.
Following a successful pilot program in FY21, Fleet Management adopted a new standard for Hayward Police Patrol Vehicles in which all replacement purchases will be hybrid -powered models. In FY22, a total of ten hybrid patrol cars were ordered to replace ve hicles that have reached the end of their useful life, and an additional nine were ordered in FY23. Once received and placed into service, the fleet vehicle matrix will consist of 18% EV/hybrid units.
The Citywide EV Charging Projects are another key group of projects in this category. A recent report by Ava Community Energy provided an analysis of the charging infrastructure that will be needed to electrify the City’s fleet, including all non -emergency light, medium, and heavy -duty vehicles as well as recommended charging infrastructure for use by City employees. The report identifies a need for 152 chargers at 15 facilities for fleet vehicles, which are estimated to cost $4.8 million. The report was pr esented to the City Council Sustainability Committee on January 8, 20245 and to City Council on June 17, 20256.
Staff are also working with Ava Community Energy to install a fast charging hub for electric vehicle charging at Muni Lot 4. The hub will be entirely funded by Ava Community Energy and will serve the general public and will be sited to also serve residents of multi -family properties, many of which are older buildings that lack the infrastructure needed to support EV charging. For City fleet vehicles, EV Ready charging spaces (conduit and electrical capacity) will be installed at Fire Station 1 and the Corporation Yard along with the solar and battery projects being constructed in 2026.
Equipment and Software
The “Equipment and Software” category is predominantly comprised of equipment -related purchases supporting the Fire, Police, Maintenance Services, Public Works & Utilities, and Information Technology Departments, such as the purchase of Fire Department rad ios, purchase of fleet cameras, and replacement of aging fiber optic lines between City facilities.
The recommended FY27 CIP includes programming of approximately $3 million in this category. Staff is planning to gradually move the items in this category t o the operation budgets of the respective departments over the next few years.
5 https://hayward.legistar.com/MeetingDetail.aspx?ID=1142685&GUID=29223BAD-5C6C-4094-97C1-E64A17A9E4C5 6 https://hayward.legistar.com/LegislationDetail.aspx?ID=7437059&GUID=4D4120B1-EDCA-4997-8DB5-4ECE45A72874 268
Airport
This category encompasses all projects related to the improvement of the Hayward Executive Airport (HWD), the City’s self -supporting general aviation reliever airport which encompasses nearly 500 acres. One key project in this category is the Sulphur Creek Mitigation – Design and Construction Project, which involves the installation of box culvert to place portions of Sulphur Creek underground adjacent to airport runways. These areas were identified by the local Runway Safety Action Team as a safety hazard. The project is designed to eliminate open ditches and create a flat surface near the runways. This will prevent damage to aircraft that veer off the runway pavement. Implementation of this project has been delayed due to the issues related to inter -agency agreement related to location of a suitable environmental mitigation site, and the project is anticipated to begin in Fiscal Year 2030. The project includes a total budget of $8.3 million, which is being funded by the Federal Aviation Administration (FAA ), Caltrans Division of Aeronautics, and the City’s Airport Enterprise fund.
Other key Airport projects include the Taxiway Zulu West Pavement Rehabilitation and Construction project and Taxiway Alpha Design and Phasing Plan. Both projects will involve the removal and replacement of pavement on Taxiway Zulu West and Taxiway Alpha 1. Both taxiways are in need of repair due to normal wear. Both projects are also recommended in the 2002 Airport Master Plan and will ultimately help facilitate the removal and replacement of pavement on the taxiways.
Miscellaneous
The “Miscellaneous” category includes projects which do not neatly fit into the other categories. Projects include the Comprehensive General Plan Update, Property Acquisition Management, Route 238 Property Projects, and Parcel Group Projects. The Parcel Gr oup projects and Route 238 Administrative Expenses Project, which are currently budgeted at $500,000 combined in FY27, are used to facilitate the new cohesive development of former Caltrans 238 property parcels with the goals of eliminating blight, creatin g public benefits for the community, and generating excess land value to the City.
Identified and Unfunded Capital Needs
The last section of the Recommended FY27 – FY36 CIP is the Identified and Unfunded Capital Needs section. This list was last significantly modified for the FY16 CIP to remove projects that were funded with Measure C fund, like improvements to Fire Stations 1-6, construction of the new Library and Community Learning Center, or funded by transportation related Alameda County Measure BB Fund, like $1 million per year for paving improvements. A significant reduction occurred with street and transportation -related projects, due to the passage of Measure C, Measure BB, and the state legislation Road Repair and Accountability Act (RRAA) (SB1).
While the approval of Measure C allowed the City to address many critical facility needs (e.g., the new Library, upgrades to Fire Stations, and the new Fire Training Center), significant 269
needs still exist. The facility update to the City’s Corporation Yard (Corp Yard) is one such capital need that remains unfunded. The Corp Yard is comprised of six buildings on Soto Road which were originally constructed in the early 1960s and are in need of major improvements. The necessary improvements to the Corp Yard were estimated to amount to more than $140 million. The FY27 CIP included a “Corporation Needs Assessment” Project, which is funding the development of a revised assessment to determine the current improvement needs and update costs.
Another significant need included in the Unfunded Capital Needs list as part of the Recommended CIP is the South Hayward Youth and Family Center, which currently has an unfunded need of an estimated $25,000,000 for the future phases of the project.
Unfunded Capital Needs are generally broken down into the following categories:
Information Technology: $1,100,000
Street Improvement: $11,500,000
Airport: $43,000,000
Alternate Modes: $60,000,000
Pavement Maintenance: $70,000,000
Interchange: $74,500,000
Facilities and Improvement: $377,000,000
Total: $637,100,000
It is important to reiterate that this list identifies critical needs that have, as of now, no identified funding sources. The number of projects will continue to grow over time, as will the amounts needed to fund these extremely important upgrades and repairs to infrastructure and equipment.
Proposed Changes to the Published Recommended FY27 – FY36 CIP
Capital Projects (Governmental) Fund 405 – In the weeks following publication of the Recommended CIP, staff have identified additional project in Capital (Governmental) Fund 405, which will not impact the General Fund. The Public Works & Utilities Department’s (PW&U) staff have increased over the years in various divisions. At full staffing, the current floor plan would be at capacity. Additionally, there is a need for another large conference room to serve as an alternative to Conference Room 2A for sizable meetings, including those held by the Mayor & City Council, Council Committees, and other City -related business, as well as PW&U departmental and divisional meetings. As such, staff propose s adding a new City Hall 2nd Floor Facility Improvement Project No. 06972 in an amount of $550,000 in Fund 405. This proposed project is to provide a secondary relatively large conference room for City -related businesses, and may be one or two offices for P W&U Deputy Director positions for Engineering and for Transporta tion, which are currently the only Deputy Director positions in the City without offices. The cost, estimated at $550,000, will be funded by non-General Fund sources, split between Water Enterprise, Wastewater Enterprise, and Measure D Special Revenue Funds.
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ECONOMIC IMPACT
The direct economic impact of these projects is not quantifiable. However, maintaining and improving the City’s infrastructure municipal buildings and facilities, fleet, and equipment will have an unquestionable impact on maintaining and improving economic health and vitality of the City.
The improvement will make the City a more desirable place in which to live, raise a family, work, and establish and grow businesses. It is also important to note that capital projects are identified and prioritized with an emphasis on eliminating geographic inequities in the distribution of City services and infrastructure. Highest priority is given to areas in the community which have experienced a disproportionate level of improvements in past years, as well as those communities with the current highest need.
STRATEGIC ROADMAP
The Strategic Roadmap adopted in 2024 is at the forefront of the City’s capital project planning efforts, and each CIP project is evaluated for consistency with the City's Strategic Priorities.
The Recommended CIP Projects predominantly support the Invest in Infrastructure Priority; however, they also touch the Confront Climate Crisis & Champion Environmental Justice, Enhance Community Safety & Quality of Life, Grow the Economy, and Strengthen Organizational Health Priorities.
SOCIAL EQUITY
Consideration of social equity has been an important element of selecting certain projects, such as roadway improvements, sidewalk improvements, traffic calming, complete streets, and landscaping.
SUSTAINABILITY FEATURES
While the proposed projects are aligned with and advance the City Council’s Sustainability goals and policies, the action taken for this agenda report will not result in a physical development, purchase or service, or a new policy or legislation. Any physical work will depend upon a future City Council action. Sustainability features for individual CIP projects are listed in each staff report.
PUBLIC CONTACT
The public has the opportunity to review and comment on the CIP at this evening’s City Council Work Session and will again at the City Council Public Adoption Hearing, which has been tentatively scheduled for June 2, 2026.
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On March 27, 2026, a Notice of this Public Hearing for the Planning Commission meeting was published in The Daily Review newspaper. Staff presented the Recommended FY2 7 – FY36 CIP to the Planning Commission at their April 9, 202 67 meeting, and with six members present, the Commission unanimously found that the CIP was consistent with the Hayward 2040 General Plan. On April 2 2, 20268, staff presented the Recommended FY2 7 – FY36 CIP to the CIAC for review and input. The CIAC discussed the proposed CIP budget and inquired on the General Fund impact of CIP projects in Capital Project (Governmental) Fund 405. In response, the requested information has been added to the report under GF Transfers and ISF expenditures tables. In addition, Attachment II has detailed the proposed budgets of all CIP projects that are fully funded by General Fund in Fund 405. The CIAC also inquired on the status of several CIP projects including the Recycled Water Master Plan, Public Safety Center, and L a Vista Park, as well as inquired details about Police Department’s ALPR Expansion Project. With one CIAC member abstaining, citing lack of detailed information regarding the proposed General Fund Transfers, two remaining CIAC members approved and recommended the CIP’s adoption to the City Council.
Another Public Notice will be published in the Daily Review newspaper at least ten days in advance of the City Council Public Adoption Hearing on June 2, 202 6. A copy of the Recommended CIP is available online at www.hayward-ca.gov/CIP, and printed copies are available at the PW&U Department office, City Clerk’s office, and at both Libraries9.
Individual projects receive City Council approval and public input as appropriate.
NEXT STEPS
Once City Council has reviewed and offered comments on the Recommended CIP, the appropriate updates will be made. The City Council Public Hearing for the adoption of the CIP budget is currently scheduled to take place on June 2, 2026. A notice advising residents about the City Council Public Hearing on the CIP will be published in the Daily Review newspaper at least ten days in advance.
Prepared by: Elli Lo, Senior Management Analyst
Marissa Matta, Management Analyst
Recommended by: Alex Ameri, Director of Public Works
Approved by:
______________________________
Jennifer Ott, City Manager
7 https://hayward.legistar.com/LegislationDetail.aspx?ID=7970005&GUID=5A581C40-0C62-431C-A29C-3DD9E951C526 8 https://hayward.legistar.com/MeetingDetail.aspx?ID=1407406&GUID=535974E8-BA65-4A17-83D8-9BA99DA91224&Search= 9 https://www.hayward-ca.gov/public-library
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ATTACHMENT II
FY27 CIP Projects Fully Funded by General Fund
Capital Projects (Governmental) Fund 405
Note that many of the projects listed below are operating expenses that occur annually. Staff is evaluating moving all items that are not traditional Capital Improvement Projects items to the respective department’s Operating Budgets in future years.
PROJ.
NO PROJECT
FY27
PROPOSED
BUDGET ($) PROJECT DESCRIPTION
LIVABLE NEIGHBORHOODS - PARKS & LANDSCAPING
05102
Landscape
Material/Median
Tree/Shrub
Replacements
50,000
This project is the baseline amount of supplies needed to support the City's tree planting and replacement program, as well as to replace other landscape material throughout the City as needs arise.
EQUIPMENT & SOFTWARE – POLICE
07418 Integrated Cameras
and Equipment 1,015,000
This project supports the continuation of the Hayward Police Department’s integrated cameras and equipment program, including Axon Fleet 3 cameras for patrol and jail vehicles. This project includes existing contracts for fleet cameras, body-worn cameras, interview room recording system, tasers, and digital evidence storage. In FY26 and beyond, this project’s proposed budget will only reflect increases in annual maintenance costs, should those occur. 07419 Rapid Turnaround
DNA Testing (RADS) 50,000 This project provides annual funding for rapid testing of DNA rape kits as mandated by SB-22 and is partially reimbursed by the State. 07402 Supporting Services
Equipment 45,000 This project supports the purchase and replacement of essential Animal Shelter, Dispatch, Jail, Property, and PD building equipment.
07409 Police Officer
Equipment 170,000
This project supports the purchase and replacement of essential Police Officer equipment, including bulletproof vests, firearms, ballistic helmets, shields, and breaching equipment.
07411 Field Operations
Equipment 170,000
This project supports the purchase and replacement of essential Field Operations equipment for the Patrol, K9, UAS, and Traffic units as well as the lease to purchase agreement for the department’s Leica machine.
06967 ALPR Expansion
Project 165,000 This project supports the continuation of HPD’s existing automated license plate reader contracts and is not an expansion project. FY27’s costs were reduced due to 273
ATTACHMENT II
PROJ.
NO PROJECT
FY27
PROPOSED
BUDGET ($) PROJECT DESCRIPTION
an installation delay credit received on FY26’s invoice. The project name will be updated in the final CIP to be ALPR Subscription Costs. 06969 PD Technologies and
Subscriptions 335,000 This project supports the existing software and subscription contracts for Support Services, Investigations, Patrol, and Community Services.
EQUIPMENT & SOFTWARE - FIRE
06930 HFD Recruit
Academy 100,000
The HFD Recruit Academy is not occurring in FY27. These funds, along with the Paramedic School project funds, will instead cover the City’s match requirement for the FEMA AFG paramedic school grant, which represents 10% of the $1,784,580 award, as described in the September 23, 2025, and October 21, 2025, Council reports.
06948 Thermal Imaging
Cameras 8,000
Thermal imaging cameras are used in firefighting efforts to determine heat sources and to assist in the search for occupants or trapped firefighters within an active fire. This project provides a total of 49 thermal imaging cameras, with 37 being the SEEK Fire Pro 300 for all personnel, and 12 of the SEEK Attack Pro for Captains, Battalion Chiefs, and Rapid Intervention Crews. Initial order would be for the 12 SEEK attack pro, and incremental annual orders of the Pro 300 to fulfill needs for all staffing groups.
06956 Emergency
Operations Supplies 15,000
This project is the baseline budget for supplies for the City’s Emergency Operations Services Division. Current projects include exploring StarLink, a mobile communication and internet service, as well as meals, water, disaster preparation, supply storage, and emergency operations center equipment. 06959 Paramedic School
Program 75,000
These funds, combined with the Recruit Academy project funds, will cover the City’s match requirement for the FEMA AFG paramedic school grant, as described in the September 23, 2025, and October 21, 2025, Council reports. Firefighters are currently completing paramedic school through UC Davis as part of the Hayward Fire Department’s effort to hire and develop EMTs into firefighter-paramedics. This program expands the department’s applicant pool, supports workforce diversity, and requires successful completion of paramedic school as a condition of completing probation. .
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ATTACHMENT II
PROJ.
NO PROJECT
FY27
PROPOSED
BUDGET ($) PROJECT DESCRIPTION
06964 Hazmat CERS
Software 43,000
The HazMat CUPA team is required by the state to submit details of all hazardous materials inspections into a database and upload to the California Environmental Reporting System (CERS) database. This project is for the required programming needed to communicate between Tyler and the CERS system. 07486 Emergency Vehicle
Preemption 188,000
This project is recurring annually over the ten-year service contract from FY18-27.
It pays for the global positioning system (GPS) technology that provides traffic control preemption, thereby decreasing emergency response times and allowing for a safer clearing of pedestrian traffic at affected intersections.
EQUIPMENT & SOFTWARE – MAINTENANCE SERVICES
07475
Replacement
Equipment for
Maintenance
Services
10,000
This baseline amount allows for the replacement or repair of maintenance-related items such as tools (augers, grinders, etc), temporary traffic control (barriers, A- frames, etc), and items use for emergencies(generators, etc).
MISCELLANEOUS – OTHER
05160 Surplus Property
Maintenance 52,000
This is the annual maintenance costs for surplus property sales, including fencing installation and repairs, unhoused abatement, soundwall repairs on surplus properties.
06121 Property Taxes on
Excess Right-of-Way 5,000 This is the cost of annual property taxes paid on excess right-of-way located outside of the City limits.
06907 Project Predesign
Services 20,000 This is for baseline City engineering costs associated with predesign of building, landscape, and other that can not be funded through other sources.
TOTAL PROJECT COSTS
(FUNDED BY GENERAL
FUND ONLY)
$2,516,000
275
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 26-021
DATE: May 5, 2026
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Community Development Block Grant: Approval of Fiscal Year 2026-2027 Community Development Block Grant Allocation Recommendations and Annual Action Plan
RECOMMENDATION
That the City Council affirms the FY 2026-2027 Community Development Block Grant (CDBG) recommendations as outlined in Attachment II and adopts the resolution in Attachment III, approving and appropriating funds for the FY 2026-2027 operating budget.
SUMMARY
This report asks City Council to take the following actions:
1. Approve the CDBG funding recommendations for FY 2026-2027. These recommendations were prepared by staff and approved by the Community Servies Commission (CSC) in April.
2. Approve the FY 2026-2027 CDBG Annual Action Plan.
This report proposes CDBG funding recommendations to City Council for submission to HUD as part of the City’sAnnual Action Plan. The funding recommendations are summarized by category in Table 1 of this report and in detail in Attachment II. This report also provides an overview of changes to the FY 2026-2027 Community Agency Funding (CAF) process and discusses the possible work plan for the CSC for the coming fiscal year.
ATTACHMENTS
Attachment I Staff Report
Attachment II CDBG Recommendations
Attachment III Resolution
Attachment IV Public Comments
CITY OF HAYWARD Printed on 5/1/2026Page 1 of 2
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File #:PH 26-021
CITY OF HAYWARD Printed on 5/1/2026Page 2 of 2
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DATE: May 5, 2026
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT Community Development Block Grant: Approval of Fiscal Year 2026-2027 Community Development Block Grant Allocation Recommendations and Annual Action Plan
RECOMMENDATION
That the City Council affirms the FY 2026-2027 Community Development Block Grant (CDBG) recommendations as outlined in Attachment II and adopts the resolution in Attachment III, approving and appropriating funds for the FY 2026-2027 operating budget.
SUMMARY
This report asks City Council to take the following actions:
1. Approve the CDBG funding recommendations for FY 2026-2027. These recommendations were prepared by staff and approved by the Community Servies Commission (CSC) in April.
2. Approve the FY 2026-2027 CDBG Annual Action Plan.
This report proposes CDBG funding recommendations to City Council for submission to HUD as part of the City’s Annual Action Plan. The funding recommendations are summarized by category in Table 1 of this report and in detail in Attachment II. This report also provides an overview of changes to the FY 2026–2027 Community Agency Funding (CAF) process and discusses the possible work plan for the CSC for the coming fiscal year.
FISCAL IMPACT
The recommended CDBG allocation in this report enables the City to fund $1.55 million in eligible services and equipment at no cost to the City’s General Fund.
BACKGROUND
The CSC serves as an advisory body to the Hayward City Council. Through the annual CAF process, the CSC makes recommendations to City Council for the distribution of CDBG and 278
General Fund allocations to projects that serve the Hayward community, with a focus on programs providing free or low-cost services to low- to moderate-income residents.
At the end of 2025, due to the City’s severe General Fund deficit, the City Manager implemented cost-saving measures affecting agencies funded through the CAF process. These included terminating most competitive FY 2025–2026 General Fund contracts after their initial payments (50% of their contract) and canceling the CAF cycle in the fall of 2025, which would have allocated General Fund, CDBG, and Opioid Settlement funds for FY 2026–2028. To present a balanced budget to City Council, CAF funding originally intended for FY 2026–2028 was redirected to internal City uses.
Because of this cancelation, the CSC did not conduct its typical review of applications and had to reassess their scope of work in response to these changes. While the City reallocated all General Fund and Opioid Settlement funds to eligible internal uses, staff continued working with the CSC to review staff proposed CDBG allocations, ensuring community input and alignment with CSC and City Council priorities.
At its January meeting, the CSC directed staff to prioritize one-time expenses over ongoing costs to preserve funding for future CAF cycles. In March, staff presented CDBG allocation recommendations that focus on eligible, one-time internal projects aligned with CSC guidance.
The CSC reviewed the proposed recommendations, reached general consensus, and expressed interest in hearing feedback from agencies on both the CDBG FY 2026-2027 recommendations and cancellation of the FY 2026-2028 CAF process. In April, the CSC formally approved the recommendations for submission to City Council.
DISCUSSION
Fiscal Year 2027-2027 CDBG Funding Allocations
Table 1 provides an overview of the CDBG funding recommendations by project, updated to reflect the final award amount and project-level allocations. The total Fiscal Year 2026–27 CDBG allocation shown in Table 1 is $1,549,908, which includes $1,502,729 from this year’s award and $47,179 in estimated program income for FY 2026–27.
Table 1. Recommended CDBG Funding Allocation by Project Category Project Amount
Admin Administration and Planning $283,680
Admin HUD-Required Fair Housing Services $26,302
Housing Home Rehabilitation & Infrastructure Project
Management
$375,000
Public Services Eden Information and Referral (EIR) $50,000 Public Services Hayward Navigation Center $184,502
Public Facilities &
Infrastructure
Fire Equipment Purchases for stations located in Low
to Moderate Income Areas
$630,424
TOTAL FY 2026-2027 CDBG ALLOCATION $1,549,908
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Administration and Planning
Out of the $1.55 million in CDBG funding for next fiscal year, $309,982 is allocated to administration and planning, which covers staff time for grant management, required reporting, and federally mandated fair housing services. Of that amount, $26,302 is set aside for fair housing services required by HUD, provided by Eden Council for Hope and Opportunity (ECHO).
Housing
Through the Alameda County Analysis of Impediments to Fair Housing completed in 2020, the City committed $300,000 to home rehabilitation programs to prevent displacement of low- income households as written in the City’s Housing Element Plan. Last fiscal year, staff recommended a $50,000 increase to address rising construction costs and maintain current service levels. To sustain that level of service, staff recommend continuing the same total allocation of $350,000. Additionally, the City allocates $25,000 to Habitat for Humanity to support project management of all of the City’s CDBG infrastructure grants and ensure compliance with federal regulations.
Public Services
For fiscal year 2026-2027, staff recommend allocating $50,000 to Eden I&R for information and referral services and the remaining public services amount to the Hayward Navigation Center for their housing and homelessness services. Both services are eligible CDBG projects as they serve predominantly low to moderate income clientele.
Eden I&R
EIR is the sole provider of 211 services in Alameda County. The agency has provided critical information and referral services for 45 years and serves as the countywide call center for Alameda County’s Coordinated Entry System. Their contract is funded through a consortium of 14 cities and several County agencies and departments, and Hayward’s annual share is $50,000. The City has historically contributed through the General Fund. Staff recommend shifting this project’s funding source from the General Fund to CDBG for this funding cycle, as the services meet CDBG eligibility requirements.
Hayward Navigation Center
For the remaining Public Services allocation, staff recommends allocating $184,502 to the Hayward Navigation Center (HNC), which is operated by Bay Area Community Services (BACS). Homelessness and housing was defined as one of the CSC’s top priorities for funding among services projects during the FY 2025-2026 process. The HNC is the cornerstone of the City’s homelessness reduction strategy.
For FY 2026-2027, the HNC is projected to cost approximately $1,540,000 to operate. Due to the City’s fiscal situation, staff have successfully worked with BACS to reduce operating costs without negatively impacting service delivery. One funding source, Proposition 47 grant funding, requires a matching commitment. The recommended CDBG allocation will be leveraged to maintain this outside grant funding.
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Public Facilities and Infrastructure
For fiscal year 2026-2027, staff recommends allocating $630,424 to fire equipment purchases for stations located in low to moderate income areas. After evaluating potential projects, staff developed this recommendation based on the project’s eligibility and administrative factors.
The proposed project is an anticipated City project that directs funds to a low- to moderate- income area and supports compliance with HUD timeliness requirements for expending CDBG funds. Fire protection equipment is considered for this purpose to be an integral part of a public facility and thus, purchase of such equipment would be eligible under Federal Regulation 24 § 570.201(c).
Staff evaluated several potential capital projects, including improvements to La Vista Park and ADA upgrades to City Hall; however, significant constraints limit the City’s ability to deploy CDBG funds for these projects in a timely manner. Because La Vista Park is a multi-million- dollar project, the use of federal funds would trigger Build America, Buy America (BABA) requirements, applying domestic sourcing standards to all materials and significantly increasing project costs. Staff worked with the Development Services, Public Works, and Maintenance departments to explore upcoming eligible projects, such as street safety improvements or future ADA enhancements. While none were identified at this time, staff will continue coordinating across departments as future opportunities arise.
Fiscal Year 2026-2027 CDBG Annual Action Plan
HUD requires the City to update its Annual Action Plan (AAP) each year to implement the five- year Consolidated Plan, most recently approved by Council on April 22, 2025 for FY 2026– 2029.1 The FY 2026–2027 AAP outlines the actions, activities, and funding to address priorities identified in the Consolidated Plan and reflects the same CDBG allocations summarized in Table 1. A draft AAP was released for public comment on April 17, 2026, with a public hearing scheduled for May 5, 2026.2 The comment period closes May 17, 2026, and the final plan will be submitted to HUD by June 2, 2026.
Community Services Commission Work Plan
On March 4, 2025, the City Council updated the ordinance outlining the CSC’s responsibilities to “clarify its focused role as an advisory body to the City Council for recommending resource allocations to community services.” The CSC then met during the spring and summer of 2025 to make substantive improvements to the Community Agency Funding (CAF) Process, which were summarized in a September report to the Committee.
Subsequently, as mentioned above, the City canceled the fall 2025 CAF cycle. At the May 12, 2026, Budget Work Session, staff will also be recommending canceling the fall 2026 CAF cycle while the City continues to work on stabilizing its budget. In light of this significant change to the CSC’s responsibilities, CSC members have requested clarification from the City Council on its scope and purpose for the coming year. CSC members and staff have reviewed several
1 April 22, 2025 Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=7349061&GUID=286ACED0-DF24-498A-AF9D- D87E68F36D05&Options=&Search=
2 FY 2026-2027 Draft Annual Action Plan: https://www.hayward-ca.gov/sites/default/files/2026-04/CMO-CSD-FY26-27-CDBG- Annual-Action-Plan-260415.pdf
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options, including working groups to provide technical assistance, connect agencies to resources, and match volunteers.
While reviewing CSC scope, staff has identified the need for the City to update some or all of its existing Community Needs Assessment (CNA), with the opportunity to have CSC serve in an advisory capacity to that process. The last CNA, conducted in 2018, is outdated. Conducting an up-to-date CNA would support data-informed decisions around program implementation and decision making for future CAF process. In addition, there are other programs in the City that are due for a needs assessment, so this process could combine efforts and resources. Staff is seeking City Council feedback on expanding the CSC’s scope over the next two years to include serving as an advisory body for a combined needs assessment process.
PUBLIC CONTACT
The Public Comment period for FY 2026-2027 recommended funding allocations and FY 2026-2027 Annual Action Plan is in place from April 17, 2026, through May 17, 2026. Public comment on these items will be heard at the City Council Public Hearing on May 5, 2026 or submitted directly to staff. All public comments received so far are included in Attachment IV.
As of April 27, 2026 the following individuals provided written public comments:
• Robert Bulatao representing Generation Music & Arts Academy • Kristin Wagner representing East Bay Agency for Children • Janice Roberts representing Mercy Brown Bag
• Nancy Rivera representing A1 Community Housing Services
NEXT STEPS
Next steps include the following:
• On May 17, 2026, the City’s public comment period will conclude. • Staff will address public comments and will submit Consolidated Plan to HUD no later than June 2, 2026, unless directed by HUD otherwise.
Staff will begin the contracting process with funded agencies after City Council approves the funding recommendations.
Prepared by: Emily Hwang, Management Analyst and CSC Staff Liaison
Recommended by: Mary Thomas, Assistant City Manager
Approved by:
______________________________
Jennifer Ott, City Manager
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ATTACHMENT II
COMMUNITY SERVICES COMMISSION
Fiscal Year 2026-2027 Community Development Block Grant (CDBG) Recommendations to City Council
CATEGORY AGENCY PROJECT RECOMMENDATIONS
CDBG - PUBLIC SERVICES
Housing Eden Council for Hope and
Opportunity (ECHO)
Fair Housing
Services* $26,302
Information and
Referral
Eden Information and
Referral 211 Contract $50,000
Housing and
Homelessness
Bay Area Community
Services
Hayward Navigation
Center $184,502
TOTAL CDBG PUBLIC SERVICES $260,804
CDBG Housing Programs
*HUD-mandated Fair Housing Services are eligible for inclusion under the City of Hayward’s Administration and Planning funding allocation. The $26,302 cost for this activity would not be counted toward the City’s Public Services funding cap, although it is still classified as a service.
Infrastructure-
Neighborhood
Facilities
Rebuilding Together East
Bay Network
Rehabilitation and
Repair $150,000
Infrastructure-
Neighborhood
Facilities
Habitat for Humanity East
Bay/Silicon Valley, Inc.
Home Repair
Program $225,000
TOTAL CDBG HOUSING PROGRAMS $375,000
CDBG Public Facilities & Infrastructure
Public Facilities Hayward Fire Department
Emergency Response
Equipment in Low-
Moderate Income
Areas
$630,424
TOTAL CDBG PUBLIC FACILITIES & INFRASTRUCTURE $630,424
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ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member
RESOLUTION APPROVING AND APPROPRIATING THE COMMUNITY AGENCY FUNDING RECOMMENDATIONS FOR FISCAL YEAR 2026 -2027 IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICES
CATEGORY AND AUTHORIZING THE CITY MANAGER TO APPLY FOR
FEDERAL ASSISTANCE UNDER TH E COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
WHEREAS, the Housing and Community Development Act of 1974 makes funds available to qualified cities for certain community development activities, and the City of Hayward is qualified to receive certain funds pursuant to said act; and
WHEREAS, the City Council has considered public testimony and the CDBG Program recommendations prepared by staff and the Community Services Commission, a copy of which is attached and hereby referred to for further particulars; and
WHEREAS, the City Council has considered the environmental impact of the program and hereby finds and determines that the program is composed of projects that are categorically excluded from the National Environmental Protection Act or will be subject to later environmental review and finds and determines that the activities funded by the program are either not subject to the California Environmental Quality Act or will be subject to later environmental review.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hayward hereby approves the CDBG Program Annual Action Plan and authorizes the City Manager on behalf of the City of Hayward to execute and submit the required applications and all implementing documents in connection therewith.
BE IT FURTHER RESOLVED that the City Council of Hayward hereby approves and appropriates the Community Agency Funding Community Development Block Grant Recommendations for Fiscal Year 2026-2027 as shown in Exhibit A, in a total amount not to exceed $1,266,228 which is incorporated by reference herein.
BE IT FURTHER RESOLVED that the City Council of Hayward hereby approves and appropriates the Community Development Block Grant funding allocations recommendations and Annual Action Plan for Program Year 2026 as shown in Exhibit B, in a total amount of $1,549,908.
284
ATTACHMENT III
BE IT FURTHER RESOLVED that the City Council of Hayward hereby approves the Community Development Block Grant priority needs, goals, and not limited to but including the recommended planned sample activities for HUD Program Year 2026 as shown in Exhibit C.
BE IT FURTHER RESOLVED that except as may be otherwise provided, any and all expenditures relating to the objectives described in the Community Agency budget are hereby approved and authorized and payments therefore may be made by the Director of Finance of the City of Hayward without further action of City Council.
IN COUNCIL, HAYWARD, CALIFORNIA, _____________________2026.
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
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ATTACHMENT III
Exhibit A
COMMUNITY SERVICES COMMISSION
Fiscal Year 2026-2027 Community Development Block Grant (CDBG) Recommendations to City Council
CATEGORY AGENCY PROJECT RECOMMENDATIONS
CDBG - PUBLIC SERVICES
Housing Eden Council for Hope and
Opportunity (ECHO)
Fair Housing
Services* $26,302
Information and
Referral
Eden Information and
Referral 211 Contract $50,000
Housing and
Homelessness
Bay Area Community
Services
Hayward Navigation
Center $184,502
TOTAL CDBG PUBLIC SERVICES $260,804
CDBG Housing Programs
*HUD-mandated Fair Housing Services are eligible for inclusion under the City of Hayward’s Administration and Planning funding allocation. The $26,302 cost for this activity would not be counted toward the City’s Public Services funding cap, although it is still classified as a service.
Infrastructure-
Neighborhood
Facilities
Rebuilding Together East
Bay Network
Rehabilitation and
Repair $150,000
Infrastructure-
Neighborhood
Facilities
Habitat for Humanity East
Bay/Silicon Valley, Inc.
Home Repair
Program $225,000
TOTAL CDBG HOUSING PROGRAMS $375,000
CDBG Public Facilities & Infrastructure
Public Facilities Hayward Fire Department
Emergency Response
Equipment in Low-
Moderate Income
Areas
$630,424
TOTAL CDBG PUBLIC FACILITIES & INFRASTRUCTURE $630,424
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ATTACHMENT III
Exhibit B
COMMUNITY DEVELOPMENT BLOCK GRANT HUD PROGRAM YEAR 2026
ANNUAL ACTION PLAN FUNDING ALLOCATION
No. Project Category Program Year 2026 (FY 2026-2027) Funding Allocation
1. Administration & Planning $309,982
2. Housing Programs $375,000
3. Public Services $234,502
4. Public Facilities & Infrastructure $630,424
TOTAL $1,549,908
Exhibit C
COMMUNITY DEVELOPMENT BLOCK GRANT
287
ATTACHMENT III
HUD PROGRAM YEAR 2026 PRIORITY NEEDS, GOALS, PLANNED SAMPLE ACTIVITIES Priority Needs Goals Sample Activities
1. Expand & Improve Public
Infrastructure & Facilities
1a. Facility and Infrastructure
access and capacity
Accessibility
improvements to
facilities open to the
public; emergency
response capital
purchases
2. Preserve, Protect, and
Produce Housing Stock
2a. Preserve existing
homeownership housing
Home repairs for older
adults; accessibility and
safety upgrades
3. Public Services & Quality
of Life Improvements
3a. Provide supportive
services for special needs
Emergency shelter,
interim housing, and
supportive services for
individuals experiencing
homelessness
3b. Provide vital services for
low-to-mod income
households
Homelessness, elderly,
youth, and family
education services and
legal services
288
Public Comments
as of April 27, 2026
Attachment IV
289
From: Robert Bulatao <[email protected]>
Sent: Wednesday, April 22, 2026 12:29 PM
To: Emily Hwang <[email protected]>
Subject: Re: Community Services Commission Meeting
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.
Hi Emily,
I'm not sure if you're looking for feedback from the arts portion of the funding but I can still give some feedback in case it's relevant. Even though our funding was reduced we're still able to get our project for Hayward residents living below AMI. Currently we only have the funding and space to allot for 10 students and the interest in this program was very high. We had to turn away a few families because we hit our limit for the maximum size of our class, focusing on students ages 10-26. If we had more funding then we could have been able to offer a second time slot for youth in the elementary school age range.
So far we've completed one of our six sessions and the feedback from parents was great. They love watching their children connect with their culture in a way that won't hurt them financially.
Thanks again for the support because it's already making a huge impact on the community.-- Best Regards,
Robert Bulatao
Generation Music & Arts Academy
Executive Director
676 Bockman Rd STE F
San Lorenzo, CA 94580
(510)788-1078
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From: Kristin Wagner <[email protected]>
Sent: Wednesday, April 22, 2026 3:50 PM
To: Emily Hwang <[email protected]>
Subject: Comments for ACT 26-020
Hi Emily
Unfortunately I cannot attend tonight so I appreciate you including this.
I want to mention a couple of things regarding the staff recommendations for ACT 26- 020. I understand that you are in a very difficult budget situation, making decisions very tough.. But I want to highlight that CBO's bring tremendous financial and essential services to Hayward families. We provide services efficiently at a lower cost and also use the base funding that we receive from the city to draw other federal, state and foundation dollars. This means that our loss of city dollars means loss of services at a higher rate than you might think.
Specifically at East Bay Agency for Children, we support low income families with food, health care, and other basic needs along with newcomer, parenting and other supports.
Families are extremely stressed right now and this recommendation comes at a time when Hayward Unified is also reducing services to families and eliminating Family Liaison positions. So when families need the most support due to rising costs, scapegoating by the federal government and other stressors, the systems that support them are being eliminated. Please consider finding a way to support the lifelines that CBO's provide to the community.
--
Kristin Wagner, LCSW
Pronouns: she, her, hers
Senior Director, Family and Community Wellness
East Bay Agency for Children
EBAC
2828 Ford Street
Oakland, CA 94601
x1107
Direct: 844.6707
Cell: 707.337.0428
291
From: Janice Roberts
To: Emily Hwang
Subject: MBBP Statement for Community Services Commission Meeting Date: Thursday, April 23, 2026 3:07:16 PM
Attachments: image001.png
image002.png
image003.png
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.
Dear Emily,
Thank you, as always, for your feedback and assistance. Can you give the Commission the following statement from Mercy Brown Bag?
We at Mercy Brown Bag understand that everyone right now has squeezed budgets, and from time- to-time part of being a good partner is stepping up to take on more of the load. We have continued to provide fresh, healthy groceries twice a month to almost 600 low-income seniors, in spite of your reductions. We do this because we know that for the vast majority of these neighbors, we are ALL or MOST of their food for the month, and we cannot in good conscience abandon them.
To that end, we provided over 20,000 pounds a food every month last year, valued at over $400,000, across 8 distribution points in Hayward. That food went to Hayward residents that average $1,068/month in income, are 78 years of age on average, and are over 90% people of color—in other words, some of your most vulnerable residents.
We do not believe you can continue to balance your budget on the backs of neighbors most in need of a safety net. In light of these facts, we ask you to reconsider your position going forward into FY27-28, and reinstate this partnership. We look forward to again working hand-in-hand to serve the community.
In partnership,
Janice Roberts
Executive Director, Mercy Brown Bag
From: Emily Hwang <[email protected]>
Sent: Wednesday, April 22, 2026 2:39 PM
To: Janice Roberts <[email protected]>
Subject: [EXTERNAL] FW: Community Services Commission Meeting Hi Janice,
I’m responding to your voicemail. Please see the below information for tonight’s CSC Meeting and 292
From: Nancy Rivera
To: Carol Lee
Cc: Emily Hwang
Subject: Re: Notification Letter for Monitoring of City of Hayward Funded Activities for FY 2024-2025 Date: Thursday, April 23, 2026 4:19:39 PM
Attachments: image001.png
image002.png
20260423162124737.pdf
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Hi Carol,
The day got the best of me yesterday at this time I think it may be too late for me to share comments regarding the funding for 26/27 but I thought I would still include in this email. I hope there is reconsideration in the near future and hope to work with the team again.
COMMENTS REGARDING THE 2026-2027 FUNDING CUTS
On behalf of A-1 Community Housing Services, a HUD-approved Housing Counseling Agency, please find this email with our concerns and comments regarding the proposed funding cuts for Fiscal Year 2026-2027
Our agency's primary mission is to serve and support our community, particularly its most vulnerable residents, by providing critical housing counseling, foreclosures prevention, and financial stability services.
These services are increasingly essential as economic pressures continue to impact low - and moderate-income households throughout Hayward.
Recent housing data underscores the urgency of maintaining these services. In Hayward alone, there are currently hundreds of properties in various stages of foreclosure, including pre- foreclosures and auction listings, reflecting ongoing housing instability in our community.
Additionally, foreclosure activity has been rising both statewide and nationally, with California experiencing a year-over-year increase in filings and approximately 1 in every 435 homes facing foreclosure-related action.
These trends highlight the growing need for early intervention and counseling services to prevent displacement and homelessness. 293
The proposed reductions/ cuts in funding will and have significantly impacted not only our organization, but also many of our partner agencies who are collectively working to meet this rising demand. As more households seek assistance due to inflation, increased housing costs, and economic uncertainty, our capacity remains limited by available resources.
We are already experiencing increased demand for services while operating with constrained staffing and funding. Further reductions will inevitably result in longer wait times, reduced service availability, and fewer households receiving the support they need to avoid foreclosure or housing instability.
We respectfully urge the City of Hayward to reconsider these proposed funding cuts and to recognize the essential role that housing counseling agencies play in stabilizing families and preserving the health of our community. Continued investment in these services is not only critical for the residents we serve, but also for the long-term economic resilience of Hayward.
We welcome the opportunity to discuss this matter further and to collaborate on solutions that ensure continued support for our community’s most vulnerable populations.
Thank you for your time and consideration.
Thank You,
Nancy Rivera
April Newsletter
294
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 26-009
DATE: May 5, 2026
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
California Public Employees Retirement System Contract: Adoption of a Resolution of Intention to Introduce an Ordinance Approving an Amendment to the Contract Between the City of Hayward and the California Public Employees Retirement System or Classic Members in the International Association of Fire Fighters Local 1909; Hayward Fire Officers Association; Hayward Fire Chiefs Association; Hayward Police Officers Association; Hayward Police Management Unit and the Unrepresented Safety Executive Group
RECOMMENDATION
That the City Council adopts the Resolution of Intention to approve an amendment to the City of Hayward’scontract with the California Public Employees Retirement System (CalPERS) and introduction of an Ordinance to approve the contract amendment and authorize staff to execute the contract.
SUMMARY
As a result of recent review of the Cost Share provisions in the City’sCalPERS contract it was discovered that Classic Safety members in the International Association of Fire Fighters Local 1909; Hayward Fire Officers Association; Hayward Fire Chiefs Association; Hayward Police Officers Association; Hayward Police Management Unit and the Unrepresented Safety Executive Group did not officially adopt Government Code section 20516 (Employees Sharing Cost) and have been Cost Sharing under a variable provision which required a reduction in the amounts for the City’sSafety groups on the 20th anniversary of the effective dates, reducing the Cost Share below what the employee groups have previously agreed to in their contracts.
Government Code section 20516 allows contracting agencies and their employees to agree in writing to share the costs of the employer contribution for retirement benefits. Per Code section 20516, the collective bargaining agreement ratified by the employee bargaining unit and governing body of the contracting agency must specify the exact percentage of member compensation that shall be paid toward the current service cost of benefits by members or methodology for calculating the cost sharing rate. The City must now amend its CalPERS contract to formally end the variable Cost Share and add Section 20516 Cost Share to implement this previously agreed upon change.
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File #:LB 26-009
Adopting the Resolution of Intention initiates the contract amendment process. California Government Code 20471 outlines the process for approving amendments to the city’scontract with CalPERS. Under this process, approval of a contract must be by ordinance adopted by an affirmative vote of a majority of the members of the governing body, not less than 20 days after the adoption of the resolution of intention.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution of Intention
Attachment III Exhibit Contract Amendment
Attachment IV CalPERS Form CON-12, Certification of Governing Body’s Action Attachment V CalPERS Form CON-12A, Certification of Compliance with Government Code Section 7507
Attachment VI Contract Amendment Ordinance
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DATE: May 5, 2026
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT California Public Employees Retirement System Contract: Adoption of a Resolution of Intention to Introduce an Ordinance Approving an Amendment to the Contract Between the City of Hayward and the California Public Employees Retirement System or Classic Members in the International Association of Fire Fighters Local 1909; Hayward Fire Officers Association; Hayward Fire Chiefs Association; Hayward Police Officers Association; Hayward Police Management Unit and the Unrepresented Safety Executive Group
RECOMMENDATION
That the City Council adopts the Resolution of Intention to approve an amendment to the City of Hayward’s contract with the California Public Employees Retirement System (CalPERS) and introduction of an Ordinance to approve the contract amendment and authorize staff to execute the contract.
BACKGROUND AND SUMMARY
As a result of recent review of the Cost Share provisions in the City’s CalPERS contract it was discovered that Classic Safety members in the International Association of Fire Fighters Local 1909; Hayward Fire Officers Association; Hayward Fire Chiefs Association; Hayward Police Officers Association; Hayward Police Management Unit and the Unrepresented Safety Executive Group did not officially adopt Government Code section 20516 (Employees Sharing Cost) and have been Cost Sharing under a variable provision which required a reduction in the amounts for the City’s Safety groups on the 20 th anniversary of the effective dates, reducing the Cost Share below what the employee groups have previously agreed to in their contracts.
Government Code section 20516 allows contracting agencies and their employees to agree in writing to share the costs of the employer contribution for retirement benefits. Per Code section 20516, the collective bargaining agreement ratified by the employee bargaining unit and governing body of the contracting agency must specify the exact percentage of member compensation that shall be paid toward the current service cost of benefits by members or methodology for calculating the cost sharing rate. The City must now amend its CalPERS contract to formally end the variable Cost Share and add Section 20516 Cost Share to implement this previously agreed upon change.
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Adopting the Resolution of Intention initiates the contract amendment process. California Government Code 20471 outlines the process for approving amendments to the city’s contract with CalPERS. Under this process, approval of a contract must be by ordinance adopted by an affirmative vote of a majority of the members of the governing body, not less than 20 days after the adoption of the resolution of intention.
FISCAL IMPACT
Employee cost share provides the City the opportunity to save money and help offset pension costs. Adoption of this ordinance for compliance with CalPERS aligns the original intention of the respective contract language and institutes uniformity and consistency for these bargaining groups including payroll administration. As related bargaining units are brought into alignment with the Cost Share percentages previously agreed to, this will reduce costs to the General Fund.
DISCUSSION
The City contracts with CalPERS for retirement benefits. The existing CalPERS contract for Safety members includes a variable Cost-Share provision which allowed for the 6% Cost Share for Classic members (hired prior to January 1, 2013) previously agreed to by each Safety group. The variable Cost Share provision has a requirement that Cost Sharing be reduced on the 20th anniversary of the effective dates - in 2020 (Fire) and 2021 (Police) - Cost Share for Classic employees in these categories was reduced by CalPERS to 5.986% for Fire and 5.505% for Police. The cost sharing provisions have been added or amended in all bargaining group contracts and the Unrepresented Safety Executive Cost Share Resolution to add the specific language required by California Government Code and the City will now need to amend the CalPERS contract to reflect and formally reinstate the 6% Cost Share previously agreed to for each group.
NEXT STEPS
Human Resources staff will work with CalPERS to complete the contract amendment process.
California Government Code Section 20474 requires a secret ballot election by the employees affected whenever a contract is amended to change their contribution; this will commence on May 6, 2026. The final reading of the Ordinance will be presented during a Public Hearing on June 2, 2026 . If approved, the Ordinance will take effect on July 2, 2026 . The contract amendment will be effective July 13, 2026.
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Prepared by: July Cole, Human Resources Manager
Recommended by: Ian Tecson, Director of Human Resources
Approved by:
______________________________
Jennifer Ott, City Manager
299
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF HAYWARD
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To end Section 20516 (Employees Sharing Additional Cost) of
5.986% for classic local fire members and 5.505% for classic local police members; and
To provide Section 20516 (Employees Sharing Additional Cost) of 6% for classic local safety members in the Hayward Police Officers' Association, Hayward Police Management Unit,
International Association of Fire Fighters Local 1909, Hayward Fire Officers Association, Hayward Fire Chiefs Association, and Unrepresented Safety Executive group.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees; Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.
Date adopted and approved
(Amendment)
CON 302
By: ___________ _
Presiding Officer
Title
Attachment II
300
A.
CalPERS
EXHIBIT
California
Public Employees' Retirement System
---..aE:•,.;;;;;;;;;;;;;---
AMENDMENTTOC ONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Hayward
----•----
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1950, and witnessed August 7, 1960, and as amended effective January 16, 1952, January 1, 1956, April 1, 1959, January 1, 1960, November 1, 1962, April 1, 1965, December 1, 1969, July 1, 1973, July 16, 1973, June 1, 1978, April 23, 1979, January 12, 1981, March 9, 1981, July 11, 1986, October 10, 1988, June 21, 1991, June 19, 1992, March 8, 1996, January 1, 2001,April 1, 2001, July 1, 2001,August 26, 2002, May 23, 2008, July 4, 2011, February 24, 2014, July 27, 2015, June 27, 2016, February 20, 2017, June 26, 2017, December 11, 2017,April 1, 2019, and May 25, 2020, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A Paragraphs 1 through 16 are hereby stricken from said contract as executed, effective May 25, 2020, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.
Attachment III
301
2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1950, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.
4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).
5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. PERSONS EMPLOYED AFTER JANUARY 16, 1952, AS CROSSING GUARDS;AND
b. PERSONS EMPLOYED AFTER JANUARY 30, 1959, AS PART-TIME LIFEGUARDS AND PART-TIME LIBRARY AIDES.
Attachment III
302
6. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment before and not on or after August 26, 2002, shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 5, 1956, the effective date of Social Security coverage, and prior to December 30, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).
7. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment on or after August 26, 2002, shall be determined in accordance with Section 21354.4 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, and prior to December 30, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2.5% at age 55 Full and Modified).
8. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).
9. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
10. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d)of said Retirement Law (2.7% at age 57 Full).
11. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local safety members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 20042 (One-Year Final Compensation) for classic members only. d. Section 21635 (Post-Retirement Survivor Allowance to Continue After Remarriage) for local safety members only.
e. Section 21024 (Military Service Credit as Public Service). f. Section 21027 (Military Service Credit for Retired Persons). g. Section 21551 (Continuation of Pre-Retirement Death Benefits After Remarriage of Survivor).
Attachment III
303
h. Section 21022 (Public Service Credit for Periods of Lay-Off) for local miscellaneous members only.
i. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only.
j. Section 20903 (Two Years Additional Service Credit). k. Section 20965 (Credit for Unused Sick Leave) for local fire members only.
I. Section 21547.7 (Alternate Death Benefit for Local Fire Members Credited with 20 or More Years of Service).
m. Section 20516 (Employees Sharing Cost of Additional Benefits):
From and after July 4, 2011, and until the effective date of this amendment to contract, Section 21362.2 (3% @ 50) effective January 1, 2001, and Section 20042 (One-Year Final Compensation) effective January 12, 1981, for classic local fire members. The employee cost sharing contribution is not to exceed 15.607%. The maximum employee cost sharing contribution is the normal cost plus the increase in the accrued liability due to the benefit improvement amortized over 20 years. In no event shall the employee cost sharing contribution attributable to the unfunded liability remain in effect beyond June 30 preceding the 20th anniversary of the effective date of the additional benefits. Therefore, after June 30, 2020, in any given contribution year, the maximum employee cost sharing contribution cannot exceed 5.986%.
From and after July 4, 2011, and until the effective date of this amendment to contract, Section 21362.2 (3% @ 50) effective July 1, 2001, and Section 20042 (One-Year Final Compensation) effective April 23, 1979, for classic local police members. The employee cost sharing contribution is not to exceed 13.882%. The maximum employee cost sharing contribution is the normal cost plus the increase in the accrued liability due to the benefit improvement amortized over 20 years. In no event shall the employee cost sharing contribution attributable to the unfunded liability remain in effect beyond June 30 preceding the 20th anniversary of the effective date of the additional benefits. Therefore, after June 30, 2021, in any given contribution year, the maximum employee cost sharing contribution cannot exceed 5.505%.
n. Section 20516 (Employees Sharing Additional Cost):
From and after February 24, 2014, 3.75% for new local fire members.
From and after July 27, 2015, 2.25% for new local police members.
From and after February 20, 2017, 5.25% for new local fire members in the International Association of Firefighters Local 1909.
From and after February 20, 2017, 3% for new local police members in the Hayward Police Officers' Association.
Attachment III
304
From and after June 26, 2017, 3% for local miscellaneous members in the Hayward Association of Man agement Employees Group, International Fe deration of Professional and Technical Engineers Local 21,
Unrepresented Group, Management, Human Resources,
an
d City Attorneys and City Man agers Group.
From June 26, 2017, and until December 12, 2017, 3% for local miscellaneous members in the Unrepresented Exec utive Group and Council Appointed Employees Group.
From and after December 12, 2017, 5% for local miscellaneous members in the Unrepresented Executive Group and Council Appointed E
mployees Group.
From and after April 1, 2019 , 4.5% for loc al miscellaneous members in the Service E mployees International Union Lo cal 1021, Clerical and Related Unit and the Service E mployees International Union Local 1021 , Maintenance and Operations Unit.
From and after the effective date of this amendment to contract, 6% for the classic local police members in the Hayward Police Officers' Association.
From and after th e effective dat e of t his amendment to contr act, 6% for th e classic lo cal police members in the Hayward Police Management Unit.
From and after the effective dat e of this amendment to contract, 6% for the classic local fire membe rs in the International Association of Fire Fighters Local 1909.
From and after the effective date of this amendment to contract, 6% for the classic local fire members in the Hayward Fire Officers Association.
From and after
the effective date of this amendment to contract, 6%
for the classic local fire members in the Hayward Fire Chief's Association.
From and after the effective date of this amendment to contrac t, 6% for the classic local fire membe rs in the Unrepresented Safety E
xecutive group.
Fro
m and after the effective date of this amendment to contract, 6% for the classic local polic e members in the Un represented Safety Executive group.
The
portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year.
Attachment III
o. Section 21548 (Pre-Retirement Option 2W Death Benefit) for local police members only.
12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on June 1, 1978.
Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.
13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.
14. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. c. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.
15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.
Attachment III
306
16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid tor any period, proper adjustment shall be made in connection with subsequent remittances.
Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
B. This amendment shall be effective on the __ day of ________ _ f BOARD OF ADMIN ISTRATI�
PUBLIC EMPLOYEES' RE�MENT SYSTEM
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. .§> BY �-
MELODY BENAVID& CHIEF
PENSION CONT�TS AND PRE FUNDING
PROGRAMS Dl�ION
PUBLIC EMP�YEES' RETIREMENT SYSTEM
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AMENDMENT CalPERS ID # 4829348799
PERS·CON•702A
CITY COUNCIL
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Clerk
Attachment III
307
California Public Employees' Retirement System
Financial Office I Pension Contracts & Prefunding Programs o;vision P.O. Box 942715, Sacramento, CA 94229-2715
A.CalPERS
www.calpers.ca.gov
888 CalPERS (or 888-225-7377)
TTY; (877) 249-7442
Certification of Governing Body's Action
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the _______________________________ of the
(governing body)
(public agency)
on __________ _
(date)
Clerk/Secretary
Title
CalPERS-CON-12 Page 1 of 1
Attachment IV
308
California Public Employees' Retirement System
Financial Office I Pension Contracts & Prefunding Programs Division P.O. Box 942715 . Sacramento, CA 94229-2715
.�_CalPERS
Certification of Compliance with
Government Code Section 7507
www.calpers.ca.gov
888 CalPERS (or 888-225-7377)
TTY: (877) 249-7442
I hereby certify that in accordance with Government Code section 7507, the future annual costs as determined by the California Public Employees' Retirement System for the increase or change in retirement benefit(s) have been made public at a public meeting of the ______________ of the __________________ _
(governing body) (public agency)
on _______ which is at least two weeks prior to the adoption of the Resolution / (date)
Ordinance. Adoption of the retirement benefit increase or change will not be placed on the consent calendar.
Clerk/Secretary
Title
Date ---------
CalPERS-CON-12A Page 1 of 1
Attachment V
309
ATTACHMENT VI
ORDINANCE NO. 26-__
AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE CONTRACT
BETWEEN THE CITY OF HAYWARD AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Provisions.
1. That an amendment between the City Council of the City of Hayward and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.
2. The City Manager of the City of Hayward is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of Hayward.
Section 2 . Severance. Should any part of this ordinance be declared by a final decision of a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this ordinance, which shall continue in full force and effect, provided that the remainder of the ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.
Section 3 . Effective Date . In accordance with the provisions of Section 620 of the City Charter, this ordinance shall become effective 30 days from and after the date of its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2026, by Council Member __________________________.
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ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2026, by the following votes of members of said City Council.
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ___________________________________
Mayor of the City of Hayward
DATE: _____________________________
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
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