Between the current fund balance and the expected revenue for FY 2026-27, the City has sufficient Paratransit funds to fund this extension, which is part of staff’s efforts to spend down the fund balance. The extension will increase the contract by $7,024,970. As of December 31, 2025, the Measure BB Paratransit fund had an available fund balance of $5,045,293. The expected FY 2026-27 DLD revenue for the HOP program is $2 million. Staff expects a similar revenue amount in FY 2027-28 and FY 2028-29.
Because the agreement for services is extended to 2029, expenditures will be conditioned on budgeting funds for each fiscal year the agreement is in effect. Staff will continue to monitor program expenditures, revenues, and fund balance levels for consistency with Alameda County Transportation Commission (ACTC) requirements while evaluating program parameters and operational efficiencies for future years based on observed demand and rider needs.
BACKGROUND
The HOP program, administered by the City’s Community Services Division, provides transportation services to eligible older adults (age 70+) and adults with disabilities in Hayward and the surrounding unincorporated mid-County/Eden Area, including Ashland, Castro Valley, Cherryland, Fairview, Hayward Acres, and San Lorenzo.
HOP is funded exclusively through the Alameda County Measure BB Paratransit fund and does not impact the City’s General Fund. This funding is separate from Measure BB Streets and Roads and Bicycle and Pedestrian funds administered by Public Works. The program supports access to essential destinations such as medical appointments, groceries, work, and education, helping residents maintain independence and remain active in the local economy. The Paratransit fund currently has an available balance of approximately $5 million, accumulated over several years due to prior underspending.
In early 2024, the City issued a Request for Proposals (RFP) to enhance paratransit services, with a focus on improving customer experience for Transportation Network Company (TNC) rides, expanding wheelchair-accessible vehicle (WAV) service, and adding supportive service options. The contract was awarded to Onward Health Inc., with full implementation beginning in 2025 to modernize the program and utilize available funds.
On April 22, 2025, the City Council approved a FY 2025–26 agreement with Onward in the amount of $880,613. Due to strong ridership growth, the City returned to Council in February 2026 to increase the agreement to $1,975,030 to maintain service through the fiscal year.
Due to positive experience with Onward, staff plan to continue utilizing Onward as HOP Program’s service provider and are requesting approval to extend the agreement through June 30, 2029, with a total not-to-exceed amount of $9 million to support ongoing service delivery and program stability.
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DISCUSSION
The City’s transition to Onward Health Inc. as the HOP provider, along with an expanded service model, has improved reliability, flexibility, and overall customer experience. Increased outreach and partnerships with Glad Tidings Community Development Corporation and Community Resources for Independent Living (CRIL) have also driven significant enrollment growth, particularly among historically underserved populations. In 2025, enrollment increased by 370% among individuals with disabilities, 187% among Black/African American riders, and 317% among Latino riders.
To sustain this growth and ensure uninterrupted access to essential services, the proposed amendment would extend HOP services through June 30, 2029, supporting continued service delivery for current riders and timely payments to the service provider. Staff will continue to monitor enrollment and ridership. In addition, staff will continue to implement cost-saving strategies to ensure the program’s fiscal sustainability.
Strong Program Performance and Growth
HOP has experienced significant enrollment growth following recent program improvements.
Enrollment has increased from 869 riders in FY 2023–2024 to 1,813 riders as of December 2025 and is projected to reach approximately 2,400 by the end of FY 2025–26, well exceeding the program’s goal of 2,000 riders.
Ridership has also increased substantially. In just the first six months of FY 2025–26, the program provided over 25,800 one-way trips, already surpassing the total trips provided in the prior fiscal year. Demand has been driven largely by rideshare services, which now account for the majority of trips, while companion and WAV services fill critical gaps for riders needing additional assistance. These trends demonstrate that HOP is successfully expanding access to transportation for eligible older adults (age 70+) and adults with disabilities in Hayward and the surrounding service area.
Cost Management and Sustainability
While increased enrollment and ridership reflect the program’s success, they have also led to higher-than-anticipated program costs. While the current goal is to spend down the $5 million reserve balance to remain aligned with ACTC guidance, staff are implementing cost-saving measures and practices, including:
• Monthly ride caps
• Restrictions on ride length
• Monitoring and auditing for potential fraud
• Set up data reports with Onward to track and address waste Measure BB sales tax revenue for the HOP program is projected at approximately $2 million annually, including in FY 2026–27, and has remained consistent at this level in recent years.
Assuming DLD revenues remain stable through 2029, the City is expected to have sufficient Paratransit funding to support the program, while maintaining a healthy reserve in the event 192
revenues come in lower than anticipated. Staff will continue to monitor usage trends and adjust program operations as needed to balance service levels with available funding.
NEXT STEPS
If approved by the City Council, staff will proceed with amending the agreement with Onward Health Inc. and will continue to monitor program costs to ensure fiscal sustainability.
Prepared by: Emily Hwang, Management Analyst
Recommended by: Mary Thomas, Assistant City Manager
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 NEGOTIATE AND
EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ONWARD HEALTH, INC. FOR PARATRANSIT SERVICES TO EXTEND THE AGREEMENT TERM THROUGH JUNE 30, 2029 AND INCREASE THE NOT -TO-EXCEED AMOUNT TO $9 MILLION , AND APPROPR IATING $7,024,970 IN MEASURE BB
FUNDING FOR THIS PURPOSE
WHEREAS, the City of Hayward operates the Hayward Operated Paratransit (HOP) program to provide non -ADA paratransit services to eligible seniors and adults with disabilities residing in Hayward and unincorporated mid-County; and
WHEREAS, HOP is funded exclusively by the Alameda County Measure BB sales tax through Direct Local Distribution (DLD) funds dedicated to non -ADA paratransit services; and
WHEREAS, the City Council of the City of Hayward by Resolution No. 2 4-262, dated December 17, 2025, authorizing the City Manager to enter into an agreement with Onward Health, Inc. (“Onward”) for Fiscal Year 2025–2026 paratransit services with a not-to-exceed amount of $880,613; and
WHEREAS, the City Council of the City of Hayward by Resolution No. 2 6-012, dated February 17, 202 6, authorizing the City Manager to execute a contract amendment with Onward for Fiscal Year 2025 –2026 paratransit services to increase the a not -to-exceed amount to $1,975,030; and
WHEREAS, Fund 214 (Measure BB) reserve balance has sufficient reserves to support this agreement, with an available fund balance of $5,045,293 as of December 31, 2025; and will continue to receive Measure BB Sales Tax Direct Local Distribution allocated by the Alameda County Transportation Commission through 2045, estimated to be approximately $2 million each year in Fiscal Years 2026-27, 2027-28, and 2028-29;
WHEREAS, Onward is the primary provider for HOP ride services and will continue to be the provider for at least a five-year contract to ensure the continuous service delivery and program stability;
WHEREAS, staff are closely monitoring expenditures and program growth alongside 194
costs to ensure that the existing model can be sustained and will evaluate program revisions and cost controls as needed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to negotiate and execute an amendment with Onward Health, Inc. to extend the term of the agreement through June 30, 2029 and increase the not- to-exceed amount to $9 million; and
BE IT FURTHER RESOLVED that $7,024,970 is appropriated from Measure BB for this agreement amendment and expenditures are conditioned on budgeted funds for each fiscal year the agreement is in effect.
IN COUNCIL, HAYWARD, CALIFORNIA, , 2026
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED AS TO FORM:
ATTEST:
City Clerk of the City of Hayward
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 #: PH 26-022
DATE: May 19, 2026
TO: Mayor and City Council
FROM: City Clerk and City Attorney
SUBJECT
Disruption of Telephonic or Internet Service Policy: Adopt a Resolution Approving a Policy Addressing Disruption of Telephonic or Internet Service During Public Meetings Pursuant to Government Code Section 54953.4; and Determining that the Action Is Not Subject to Environmental Review
RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) approving the “Disruption of Telephonic or Internet Service During Public Meetings” policy in accordance with Government Code Section 54953.4, as amended by Senate Bill 707 in 2025.
SUMMARY
The California Legislature enacted Senate Bill 707 (SB 707) in 2025, amending the Ralph M. Brown Act to establish additional requirements related to remote participation and accessibility during public meetings conducted using telephonic or internet-based platforms. Among the new requirements, Government Code Section 54953.4(b)(1)(A) requires eligible legislative bodies, to provide two-way remote public access to meetings and to adopt formal policies addressing disruption of telephonic or internet services during meetings. These provisions go into effect July 1, 2026, and require adoption of a policy (Exhibit A of the Resolution) at a public hearing prior to that date.
The City of Hayward currently conducts hybrid City Council meetings, allowing both in-person and two- way remote public participation, consistent with SB 707 requirements. In order to comply with State law, the City must formalize procedures for addressing disruptions in two-way remote public access.
Adoption of the proposed policy will not only ensure compliance with State law, but will support transparency in public meetings, and provide operational guidance for City Council meetings conducted with remote participation capabilities.
ATTACHMENTS
CITY OF HAYWARD Printed on 5/14/2026Page 1 of 2
powered by Legistar™
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File #:PH 26-022
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/14/2026Page 2 of 2
powered by Legistar™
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DATE: May 19, 2026
TO: Mayor and City Council
FROM: City Clerk and City Attorney
SUBJECT: Disruption of Telephonic or Internet Service Policy: Adopt a Resolution Approving a Policy Addressing Disruption of Telepho nic or Internet Service During Public Meetings Pursuant to Government Code Section 54953.4 ; and Determining that the Action Is Not Subject to Environmental Review.
RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) approving the “Disruption of Telephonic or Internet Service During Public Meetings” policy in accordance with Government Code Section 54953.4, as amended by Senate Bill 707 in 2025.
SUMMARY
The California Legislature enacted Senate Bill 707 (SB 707) in 2025, amending the Ralph M.
Brown Act to establish additional requirements related to remote participation and accessibility during public meetings conducted using telephonic or internet-based platforms.
Among the new requirements, Government Code Section 54953.4(b)(1)(A) requires eligible legislative bodies, to provide two-way remote public access to meetings and to adopt formal policies addressing disruption of telephonic or internet s ervices during meetings. These provisions go into effect July 1, 2026, and require adoption of a policy (Exhibit A of the Resolution) at a public hearing prior to that date.
The City of Hayward currently conducts hybrid City Council meetings, allowing both in-person and two-way remote public participation, consistent with SB 707 requirements. In order to comply with State law, the City must formalize procedures for addressing disruptions in two- way remote public access.
Adoption of the proposed policy will not only ensure compliance with State law, but will support transparency in public meetings, and provide operational guidance for City Council meetings conducted with remote participation capabilities.
FISCAL IMPACT
There is no fiscal impact associated with this report.
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BACKGROUND
The Ralph M. Brown Act (Government Code Section 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies. Over recent years, the Legislature has continued to modernize Brown Act provisions to address remote participa tion technologies and public access requirements.
In 2025, SB 707 amended various sections of the Brown Act to update teleconferencing and accessibility requirements applicable to local agencies conducting meetings with remote participation options. As part of these amendments, Government Code Section 549 53.4 requires legislative bodies , such as the Hayward City Council, to adopt a formal policy addressing disruptions to telephonic or internet service during public meetings.
Specifically, Government Code Section 54953.4(b)(1)(A) requires legislative bodies to adopt the policy at a noticed public meeting in open session and not on the consent calendar. The policy must include procedures addressing:
• Recessing and reconvening meetings when disruptions occur; • Efforts the legislative body will make to restore telephonic or internet service; and • Procedures for continuing meetings when service cannot be restored despite good faith efforts.
State law further requires that when a disruption prevents the public from observing or participating through a two -way telephonic or audiovisual platform, the legislative body must recess the open session for at least one hour and make a good faith effort to restore service. The legislative body may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first.
If service has not been restored upon reconvening, the legislative body must make findings by roll call vote that:
1. Good faith efforts to restore service have been made; and
2. The public interest in continuing the meeting outweighs the public interest in remote public access.
The provisions of Government Code Section 54953.4 related to technology disruption policies apply only to meetings of the City Council and do not extend to Council -appointed commissions or Council standing advisory committees. Additionally, the statutory requirements relate to disruptions affecting two-way remote public participation platforms and do not apply to interruptions involving one -way television broadcasting on Channel 15 or internet livestreaming platforms such as YouTube, which are supplemental viewing platforms and do not provide the required two-way public participation functionality.
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DISCUSSION
The City of Hayward currently conducts hybrid City Council meetings, allowing both in-person and two-way remote public participation, consistent with SB 707 requirements. In order to comply with State law, the City must formalize procedures for addressing disruptions in two- way remote public access. Adoption of the proposed policy will not only ensure compliance with State law, but will support transparency in public meetings, and provide operational guidance for City Council meetings conducted with remote participation capabilities.
This action is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it involves adoption of administrative procedures related to the conduct of public meetings and has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. Consequently, no environmental review is required for this action.
STRATEGIC ROADMAP
The agenda item is a routine operational item
PUBLIC CONTACT
The City Council meeting agenda was posted on the City’s official-notice bulletin board at City Hall, and at the Hayward Downtown Library. In addition, the agenda was posted on the City’s website – Meeting & Agenda Center - CITY OF HAYWARD - Calendar and was distributed to City Council meeting agenda subscribers via the Active Campaign platform.
NEXT STEPS
If the City Council adopts the proposed resolution, staff will implement the adopted policy for City Council meetings; coordinate with the City Attorney’s Office and technology support staff regarding implementation procedures and operational protocols; and u pdate applicable meeting administration procedures and training materials.
Prepared and Recommended by: Miriam Lens, City Clerk
Michael Lawson, City Attorney
Michael Vigilia, Senior Assistant City Attorney
Approved by:
_____________________________
Jennifer Ott, City Manager
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ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-___
Introduced by Council Member ___________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD ADOPTING
A POLICY ADDRESSING DISRUPTION OF TELEPHONIC OR INTERNET
SERVICE DURING PUBLIC MEETINGS AND DETERMINING THAT THE ACTION IS NOT SUBJECT TO ENVIRONMENTAL REVIEW.
WHEREAS, the Ralph M. Brown Act (Government Code § 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and
WHEREAS, Senate Bill 707 (2025) amended the Brown Act to update teleconferencing and accessibility requirements, including provisions related to remote participation in public meetings; and
WHEREAS, Government Code § 54953.4(b)(1)(A) requires eligible legislative bodies, on or before July 1, 2026, to adopt at a noticed public meeting in open session, and not on the consent calendar, a policy addressing disruption of telephonic or internet service during meetings conducted with remote participation; and
WHEREAS, the required policy must address procedures for recessing and reconvening a meeting in the event of a disruption and the efforts the legislative body will make to attempt to restore service; and
WHEREAS, Government Code § 54953.4 further requires that, in the event of a disruption preventing members of the public from observing or participating in the meeting through a two-way telephonic or audiovisual platform, the legislative body shall recess t he open session for at least one hour and make a good faith effort to restore service, and may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first; and
WHEREAS, if telephonic or internet service has not been restored upon reconvening, the legislative body must make findings by roll call vote that good faith efforts to restore service have been made and that the public interest in continuing the meeting outweighs the public interest in remote public access; and
WHEREAS, adoption of a technology disruption policy is required to ensure compliance with state law and to promote transparency and continuity of public meetings; and
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Resolution Page 2 of 6
WHEREAS, the proposed policy addressing disruption of telephonic or internet service during meetings of the City Council has been prepared in accordance with Government Code § 54953.4 and is attached hereto as Exhibit A; and
WHEREAS, the activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines since it involves adoption of administrative procedures related to the conduct of public meetings and has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment; consequently, no environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward as follows:
SECTION 1. Adoption of Policy. The City Council hereby adopts the policy entitled “Disruption of Telephonic or Internet Service During Public Meetings,” substantially in the form attached hereto as Exhibit A.
SECTION 2. Implementation. The City Clerk is authorized and directed to implement the policy in coordination with City staff, City Attorney , and technology support staff, as appropriate.
SECTION 3. Minor Modifications. The City Attorney may approve minor, non -substantive modifications to the policy as necessary to conform to applicable law, agency practices, or formatting requirements, provided such modifications do not materially alter the intent of the policy.
BE IT FURTHER RESOLVED, that this action is not subject to environmental review for the reasons stated herein.
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
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APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
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Resolution Page 4 of 6
EXHIBIT A
POLICY: DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING
CITY COUNCIL MEETINGS
1. BACKGROUND
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public fro m attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.
2. PURPOSE
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the Hayward City Council, as required by the Brown Act (Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions.
3. DEFINITIONS
For purposes of this policy:
a) “Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services.
b) “Remote access services” means the two -way telephonic service and/or two -way audiovisual platform used to provide real -time remote public attendance and observation of meetings.
4. APPLICABILITY
This policy applies to all open and public meetings of the Hayward City Council at which remote public participation is offered or required under the Brown Act.
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5. PROCEDURES IN THE EVENT OF SERVICE DISRUPTION
Response to Service Disruption
If the Presiding Officer or Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely:
a) The Presiding Officer or Clerk shall immediately announce the disruption to the public.
b) The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act. c) Staff shall begin efforts to diagnose and restore the disrupted service. d) The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.
Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
a) Troubleshooting platform or teleconferencing software b) Resetting or replacing audiovisual equipment
c) Attempting alternative connection methods
d) Contacting necessary support staff or service providers e) Switching to back-up equipment or platforms, if available The City Clerk shall document the restoration efforts undertaken.
6. RECONVENING THE OPEN SESSION
Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.
If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.
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Resolution Page 6 of 6
If Service Is Not Restored
If service has not been restored after one hour , the Hayward City Council may reconvene and:
a) Adjourn the meeting; or
b) Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City Council has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the legislative body may continue the open session despite the fact that remote access services have not been restored.
7. RECORDKEEPING
The Clerk shall enter a brief statement into the meeting minutes, including the following:
a) The nature and time of the disruption
b) The restoration efforts undertaken
c) The time the meeting was reconvened (if applicable)
d) Any finding adopted pursuant to Section 6.3
8. REVIEW AND UPDATES
This policy may be amended by the Hayward City Council at a noticed public meeting in open session, not on the consent calendar.
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