Hayward City Council
August 18, 2026

Tuesday, August 18, 2026
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
City Hall, Council Chambers
777 B Street, Hayward
City Council
Agenda
1 August 18, 2026City Council Agenda

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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

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

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

Participate in the Council Chambers or click link below to join the meeting:
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Password: CC8/18@7pm
or
Dial: +1 833 928 4609 (Toll Free)
Meeting ID: 896 0902 9108
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2 August 18, 2026City Council Agenda

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Andrews
SB 707 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
June 16, 2026
July 22, 2026
August 18, 2026

PRESENTATION
Fire Department Service Awards: Letters of Commendation

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

3 August 18, 2026City Council Agenda

SPECIAL PRESENTATION
AC Transit Budget & Service Update: Receive a Presentation from AC Transit on Agency Deficit Projections and Potential Service and Workforce Reductions (Report from AC Transit Board Director Anthony C. Silva)
RPT 26-0581.

Attachments: Attachment I AC Transit Budget and Service Update memo Attachment II PowerPoint Presentation

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

CONSENT CALENDAR
Approve the City Council Minutes of the City Council Meeting on June 16, 2026
MIN 26-0732.

Attachments: Attachment I Draft Minutes of 6/16/2026
Adopt a Resolution (1) Approving Addendum No. 1 and No. 2 to the Project Specifications and Plans, (2) Rejecting the Bid Protest from SubTerra Construction, Inc., (3) Authorizing the City Manager to Award a Contract to JDB & Sons Construction, Inc., in an Amount of $10,229,360, and (4) Approving
$1,022,936 in Administrative Construction Contingency for the FY24 Sewer Line Replacement Project, Project No. 07789
CONS 26-2883.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Bid Protest
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Contract with Hi-Lite Airfield Services for Pavement Improvements of the Airport Hangar Improvement Project No. 06826 in a Not-To-Exceed Amount of $244,387.10, and Approving $24,438.71 in Administrative Construction Contingencies
CONS 26-2894.

Attachments: Attachment I Staff Report
Attachment II Resolution

4 August 18, 2026City Council Agenda
Adopt Resolutions Approving City Applications to the Alameda County Transportation Commission Comprehensive
Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation
Commission
CONS 26-2915.

Attachments: Attachment I Staff Report
Attachment II Resolution - Tennyson Corridor
Attachment III Resolution - A Street Corridor
Attachment IV Resolution - Safe Routes to School
Adopt a Resolution Approving Addendum No. 1, Awarding a Construction Contract to QLM, Inc., for the Fiscal Year 2026 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05348 in the Amount of $823,397, and Approving $100,000 in Administrative Construction Contingencies
CONS 26-2936.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Distract Map
Adopt an Ordinance of the City Council of the City of Hayward Amending Sections 2-3.90, et seq., of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the Action is Exempt from CEQA Review
CONS 26-2947.

Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
Adopt a Resolution Approving Addendums No. 1 and No. 2, Authorizing the City Manager to 1) Award a Contract to Corcus Construction, Inc., in an Amount of $1,262,240 and Approve $126,224 in Administrative Construction Contingency, and 2) Amend the Existing Professional Services Agreement with HydroScience Engineers, Inc., to Increase the Contract Amount by $44,203; and 3) Appropriate Additional Funds in the
Amount of $471,275 for the Water Resource Recovery Facility Effluent Return Pump Station Project, Project No. 07806 CONS 26-2998.

Attachments: Attachment I Staff Report
Attachment II Resolution

5 August 18, 2026City Council Agenda
Adopt Resolutions Authorizing the City Manager to Negotiate and Execute 1) An Amendment to the Loan to the Hayward
Economic Development Corporation and 2) An Agreement for Staffing Services Between the Two Agencies
CONS 26-3079.

Attachments: Attachment I Staff Report
Attachment II Resolution Loan Amendment
Attachment III Resolution Staffing Agreement
Attachment IV Loan Amendment Terms
Adopt a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Hayward and the County of Alameda for the Administration of the Russell City Redress Fund and Phase 1 Payments and Related Actions
CONS 26-30910.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment II Exhibit A - MOU
Adopt a Resolution Approving Three Side Letters of Agreement for Clarification and Clean-Up Purposes Amending Memoranda of Understanding between the City of Hayward and Both the International Association of Firefighters, Local 1909 and Hayward Fire Officers Association Confirming Previous
Agreements and Establishing a Payment for Preceptor Work, and Authorizing Staff to Execute the Agreements
CONS 26-31311.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III CalPERS Cost-Sharing Side Letter
Attachment IV CTO Side Letter
Attachment V Preceptor Side Letter
Attachment VI Side Letter of Agreement Approved April 2026

6 August 18, 2026City Council Agenda
Adopt a Resolution (1) Authorizing the City Manager to
Negotiate and Execute a Five-Year Agreement with Axon
Enterprises, Inc. for a Real-Time Information Center
Technology Package, including “Drone as a First Responder” Equipment, 64 Replacement Automated License Plate
Recognition Cameras, and Other Integrated Technologies with a Maximum Not-to-Exceed Compensation Amount of
$2,945,000 Consistent with Previous City Council Direction; (2) Authorizing the City Manager to Execute Future Amendments that Result in Reduced Costs or Impacts to the General Fund; and (3) Authorizing Related Budget Actions Contingent on Maintaining or Reducing the General Fund Allocation
CONS 26-31412.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III HPD Policy 611

LEGISLATIVE BUSINESS
Cal Cities 2026 Annual Conference: Adopt Resolutions (1) Designating a Voting Delegate and Alternates for the
Conference Scheduled for September 23-25, 2026 , and (2) Directing the City’s Voting Delegate to Vote on a Proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider Actions to Ensure Final Local Authority Over Housing and Land Use Decisions (Report from City Clerk Lens and City Manager Ott)
LB 26-01413.

Attachments: Attachment I Staff Report
Attachment II Resolution Designating Delegates
Attachment III Resolution Regarding Cal Cities Resolution Attachment IV Cal Cities Annual Conference Information

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

7 August 18, 2026City Council Agenda

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

INFORMATION ITEMS
Information items are presented as general information for Council and the public, and are not presented for discussion. Should Council wish to discuss or take action on any of the "information” items, they will direct the City Manager to bring them back at the next Council agenda as an Action Item.

Fiscal Year 2026 Q3 and Q4 Semiannual Capital Improvement Program Progress Report
RPT 26-05714.

Attachments: Attachment I Staff Report
Attachment II FY26 Q3 & Q4 In Progress Projects
Attachment III FY26 Q3 & Q4 Completed Projects

ADJOURNMENT
NEXT SPECIAL MEETING, August 25, 2026, 7:00 PM

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

8 August 18, 2026City Council Agenda

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].

Assistance will be provided to those requiring language assistance. For translation services, please contact the City Clerk ’s Office at least 24 hours before the start of the meeting at cityclerk@hayward -ca.gov or (510) 583-4400. The translation link will only be activated when translation services have been requested in advance. If translation services have been requested for this meeting, written or audio translation may be accessed during the meeting using the following link: https://attend.wordly.ai/join.

9 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: RPT 26-058
DATE: August 18, 2026
TO: Mayor and City Council
FROM: City Manager

SUBJECT
AC Transit Budget & Service Update: Receive a Presentation from AC Transit on Agency Deficit Projections and Potential Service and Workforce Reductions

RECOMMENDATION
That the City Council receives a presentation from AC Transit staff on agency deficit projections and potential service and workforce reductions.

SUMMARY
The Alameda-Contra Costa Transit District (AC Transit) is the largest public bus-only transit system in California. For 65 years, AC Transit has connected East Bay residents to jobs, schools, healthcare, and community life. However, rising costs have outpaced available funding, leaving the agency at a historic financial crossroads, facing a four-year, $200 million deficit beginning in Fiscal Year 2027-28.

The emergency relief funding that sustained service through the pandemic is now gone. At the same time, costs of operating transit are rising - including wages and benefits, fuel, parts, and bus production - these increases are outpacing the revenues we rely on.

A recent State of California bridge loan provides temporary relief but does not solve the ongoing lack of funding. The passage of a proposed ballot measure in November could provide funding for AC Transit to continue full service. However, without sustainable, long-term funding by December 2026, our 65-year- old transit district faces unavoidable service cuts of up to 16% and potential layoffs, impacting as many as 300 employees.

ATTACHMENTS
Attachment I AC Transit Budget and Service Update
Attachment II AC Transit Presentation
CITY OF HAYWARD Printed on 8/14/2026Page 1 of 2
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10 File #:RPT 26-058
CITY OF HAYWARD Printed on 8/14/2026Page 2 of 2
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11 Alameda-Contra Costa Transit District

1600 Franklin Street  Oakland, CA 94612  www.actransit.org DATE: August 18, 2026

TO:

City of Hayward
Mayor Mark Salinas, Mayor Pro Tempore George Syrop; and Councilmembers: Angela Andrews, Ray Bonilla, Dan Goldstein, Julie Roche, and Francisco Zermeño; and City Manager Jennifer Ott

FROM:

Diann Castleberry, AC Transit Legislative Affairs & Community Relations Department

SUBJECT:

AC Transit Budget & Service Update: Receive a presentation from AC Transit on agency deficit projections and potential service and workforce reductions.

Background

The Alameda-Contra Costa Transit District (AC Transit) is the largest public bus-only transit system in California. For 65 years, AC Transit has connected East Bay residents to jobs, schools, healthcare, and community life. However, rising costs have outpaced available funding, leaving the agency at a historic financial crossroads, facing a four-year, $200 million deficit beginning in Fiscal Year 2027-28.

The emergency relief funding that sustained service through the pandemic is now gone. At the same time, costs of operating transit are rising – including wages and benefits , fuel, parts, and bus production – these increases are outpacing the revenues we rely on.

A recent State of California bridge loan provides temporary relief but does not solve the ongoing lack of funding. The passage of a proposed ballot measure in November could provide funding for AC Transit to continue full service. However, without sustainable , long- term funding by December 2026, our 65-year-old transit district faces unavoidable service cuts of up to 16% and potential layoffs, impacting as many as 300 employees.

Current Status

This is an informational presentation. AC Transit representatives will provide an update on the agency’s financial outlook, including projected deficits , and possible service and workforce reductions, and will invite public input.
12 Keeping the East Bay
Moving
City of Hayward
August 18, 2026
Attachment 
13 2
AC Transit At a Glance
• California’s largest
public bus-only system
• 2023 Outstanding Public
Transportation System
Award
Serving the East Bay
since 1960
$606.3M
operating budget
364
miles
6 facilities in 4 cities:
• Oakland (3)
• Emeryville
• Hayward
• Richmond 2,266 Employees
13 cities and 8 unincorporated
communities in Alameda
and Contra Costa counties
Serving 3+
million riders
monthly
Connecting to
16 transit systems
Service area:
65% of riders:
low-income
75% of riders:
people of color
14 3
Current Ridership
141,000 Weekday
162,559 Saturday & Sunday
9,538 Daily Weekday Transbay
30,000 Student Trips Every
School Day
Providing 40 Million
Annual Rides
(April 2026 data)
15 4
Driving the East Bay Economy
Source: The American Public Transportation Association (APTA) A Workforce-First Employer
Investments in
service, maintenance,
and capital projects
support over
5,100 Jobs
$604
million
in local wages
fuel the region’s
economy
An East Bay Economic
Engine
$1 billion
Local Business Sales
16 5
National Leader in Clean Transit
25 Years of Zero Emission Leadership
Investing in
communities that
depend on transit
58 zero emission
buses (ZEBs)
(28 battery electric +
30 hydrogen fuel cell)
The nation's first Zero
Emission Bus University
(ZEBU): the future of
workforce development
Awarded $40M in
federal grants to
help make ZEBU – in
Hayward – a reality
ZEBU Workforce Partnership
A first-of-its-kind transit-college
collaboration with Chabot
College & union (ATU Local 192)
17 6
Investing In Our Communities
Programs that put riders first
EasyPass
• Unlimited rides, one pass
• 4.7M Annual Trips
Deeply discounted annual passes for
employers, colleges, and residential
communities.

Clipper START
Half-price fares for riders who
need it most
50% off every trip for income-eligible
adults across Bay Area transit.

Regional Network Management
Coordinating transit priority across
the Bay Area
Working with regional partners to
make buses faster and more reliable
across major corridors.

Realign
Right-Sizing Our Bus System
Redesigned 104 lines to match today’s
ridership, improve connectivity, and
boost efficiency.

Onboard camera
technology encourages
safer driving around buses.

Bus Only Lanes & Bus
Stop Enforcement
Safety Tech
18 AC Transit Riders Depend on Us More Than Ever
7 • Higher-income commuters are riding transit less
often.
• Lower-income riders still rely heavily on transit
for daily needs.
• Over 60% of AC Transit riders earn under $50,000.
• 70% of Bay Area transit riders earn under
$100,000.
• 65% of Bay Area transit riders had no household
vehicle available for their trip.

East Bay riders with the fewest
transportation options would bear the
brunt of possible service cuts.

Sources: S.F. Chronicle, June 29, 2026; MTC 2023–2024
Transit Passenger Snapshot Survey.
19 8
Accountability and Oversight
Making every taxpayer dollar count
Strengthening Fare Compliance
Every fare supports service
Following the first fare increase in six years, a
second arrives July 1, 2026, paired with a
campaign on the importance of paying the fare
and reducing evasion through fare compliance.
2026 State Audit Report
Validated by California’s State Auditor
AC Transit and five other East Bay transit agencies
are already working together well across the
region. The real problem is mounting fiscal deficits
that threaten service.

SB 63 Financial Efficiency Review
Independent review confirms
we’re controlling costs
Independent review confirms average annual
savings of $33 million since FY20.

Disciplined Financial Management.

Strong Credit Rating.

S&P Global Ratings: AA+
One of the highest credit ratings,
demonstrating a very strong ability to meet
financial obligations.
20 Structural Deficit & Mitigations
9 Financial Outlook
What's Behind Our
Budget Deficit?
• Emergency relief funding that sustained
service through the pandemic is now gone
• Operating costs — wages and benefits,
fuel, parts, and bus production — are
rising faster than revenues
• Flat regional sales tax revenues
+28%
Fuel
+14%
Bus parts
+35%
Cost of buses
Bus cost increase: 2023–2025
21 Structural Deficit & Mitigations
10 Financial Outlook
Smart Cost-Cutting
Every department is tightening spending
$9M+
In savings delivered in
FY 26
• Hiring limited to critical roles that directly support service • Temporary employees scaled back — saving up to
$2M each year
• Brought outside professional services in house
• Partnered with other agencies to buy goods and services for less
• Temporary pension payment plan reduction approved for FY 2026–27
22 11
If New Funding Doesn't Materialize
$200M, Projected Four-Year Deficit
1 %
Bus Service
Potential loss of 300
jobs and cuts to
1,500 paratransit
trips.
23 12
Potential New Funding & Use of Bridge Loan
• SB 63 authorizes a 5-county sales tax measure:

0.5% in Alameda, Contra Costa, San Mateo and
Santa Clara and 1% in San Francisco
• If the measure is approved by voters, AC Transit
receives $52M annually
• Would provide funding for other transit
operators and local projects prioritized by each
county
• Would preserve current bus service levels
• $590 million loan offers
short-term relief
• AC Transit will receive
$55 million
• The loan covers most of our $60
million deficit in FY26-27
allowing us to maintain current
service levels into the coming
fiscal year
Regional Transit Bridge LoanNovember 2026 Ballot Measure 24 13
Why Plan for
Service Reductions?
• Protect the investments we’ve made
• Continue to use tax dollars wisely
• Deliver the best service we can in the
worst-case scenario
• Protect as much bus service as possible
Guiding Principles
• Maintain the Realign network
• Minimize complete service eliminations
• Focus on span and frequency reductions
• Restructure high-cost services
• Service impacts proportional across
bus network
Protect As Much As Possible
Plan for the worst, hope for the best
25 14
Proposed Contingency Service Plan
Primary Route Network
The “backbone” of the network
is protected
Lines 1T, 6, 9, 18, 40, 51A, 51B, 52, 57,
shared 72/72M/72L:
• Preserved at 15 minutes or better on weekdays
Most other “backbone” lines:
• Daily service with hours no less than 6:00 a.m.–10:00 p.m. • Every 30 minutes in line with service standards
• 93% of bus lines remain unchanged
26 What This Means For City of Hayward
(Central Alameda County)
Proposed Contingency Service Plan
Line 9: Frequency reduced to 30 mins before 7:00am
and after 7:00pm. Hours of operation reduced to
6:00am – 10:00pm throughout the week.

Line 97: Frequency reduced to 30 mins all day and
service truncated at Union Landing (i.e., service
eliminated between Union Landing and Union City
BART).

Line 60: Reduced hours of operation to 6:00 AM –
10:00 PM. Weekend frequency reductions to 60
mins. 45-minute weekday frequencies maintained.

Additional trips to CSUEB maintained.

Other lines (28, 34, 35, 41, 56, 86, 93, 95):

Daily 60-minute service and reduced hours of
operation on most lines.

Line 801 (Owl service): No change.
27 16
The Road Ahead
Date Service Reduction Step
Aug 12, 2026 AC Transit Board Sets Public Hearing
Oct 14, 2026 Public Hearing and Open House
Nov 3, 2026 General Election
Nov 18, 2026
(if needed)
AC Transit Regular Board Meeting
Dec 9, 2026
(if needed) AC Transit Board Approval
Jun 13, 2027
(if needed) Implement Service Reductions
28 17
Share Your Feedback!
Find us on Social:
actransit.org
Scan the QR Code to learn more about our Proposed Contingency Plan Email: [email protected] Visit: www.actransit.org/contingency-plan 29 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 26-073
DATE: August 18, 2026
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on June 16, 2026

RECOMMENDATION
That the City Council approves the City Council meeting minutes of June 16, 2026.

SUMMARY
The City Council held a City Council meeting on June 16, 2026.

ATTACHMENTS
Attachment I Draft Minutes of June 16, 2026
CITY OF HAYWARD Printed on 8/14/2026Page 1 of 1
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30 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. in the Council Chambers.

Pledge of Allegiance: Council Member Zermeño

ROLL CALL

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

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on June 16, 2026, at 5:30 p.m., with all City Council members present, including Council Member Roche attending the second item, and no public speakers, regarding two items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Caleb Smith, et al. v. City of Hayward, et al. , U.S. District Court case no. C21 -08467 YGR; and 2) public employment for the City Attorney pursuant to Government Code section 54957(b)(1). City Attorney Lawson reported that the City Council met in closed session, discussed the items, and provided direction to staff related to Item 1.

Mayor Salinas reported that the City Council took no reportable action on Item 2. The closed session adjourned at 6:43 p.m.

SPECIAL PRESENTATION

Mayor Salinas read a proclamation declaring June 19, 2026, as Juneteenth National Independence Day in the City of Hayward. The proclamation was accepted by the following individuals on behalf of their respective organizations : Dorothy Dominique , Founder of Treasures Unleashed ; Veleta Savannah, Founder and President of the Dwayne P. Wiggins Foundation; Jahna Nicks, Vice President of Delta Sigma Theta Sorority, Inc., Hayward Tri-City Alumnae Chapter; and Corey Lowe and Joy Johnson of the Hayward South Alameda County NAACP Youth Council . Hayward Area Recreation and Park District Board Director Lamnin thanked the City for its partnership in the Juneteenth event. Council Member Roche commended Council Member Andrews for her leadership in establishing and expanding Hayward's Juneteenth celebration. Council Member Andrews thanked the City Council, community organizations, and event partners for their continued support in organizing the annual event.

31 2 | June 16 , 202 6

PUBLIC COMMENT

Suzanne Luther, Hayward Concerned Citizens’ member, apologized for comments she made during the previous budget discussion, explaining that they were based on a misunderstanding of Mayor Salinas' remarks.

Eric Eichorn, Hayward resident, expressed concerns regarding the City's planned enforcement of overnight parking and garage time-limit regulations beginning July 1, 2026; and suggested implementing the proposed parking permit program before enforcement begins.

Chris Yelic li commended City staff for their professionalism, responsiveness, and collaboration in address ing challenges associated with the SoM i Affordable Housing Development project.

Council Member Goldstein recognized his summer intern, Sanjana Silvaraj, and thanked her for participating in the internship program.

Karen Goldman, Hayward resident, stated that renters in her neighborhood have limited parking options and did not receive adequate notice regarding the upcoming par king enforcement; requested clearer communication about enforcement areas and permit- parking opportunities ; and expressed concern that enforcement may begin before alternative parking solutions are available.

CITY MANAGER’S COMMENTS

City Manager Ott made three announcements: 1) Juneteenth observances will includ e a ceremonial raising of the Juneteenth and Pan-African flags at City Hall Plaza on June 18, 2026, with City office closures on June 19, 2026, and the annual Hayward Juneteenth Freedom Celebration Day at Mount Eden High School on June 20, 2026; 2) the Economic Development Division recently launched the Hayward Amplified Program, which provides small grants to businesses to support community events and World Cup watch parties; and 3) City commission recruitment remains open through July 31, 2026, and residents were encouraged to submit applications.

Mayor Salinas recognized the Hayward Area Recreation and Park District Board for hosting FIFA World Cup watch parties at local parks.

CONSENT CALENDAR

Consent items 6, 7, 11, 13, 14, 16, and 17 were pulled from the Consent Calendar for comment.

32 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

1. Approve the Special Joint Hayward City Council/Redevelopment Successor Agency/Housing Authority Board Meeting Minutes on June 2, 2026 MIN 26-064 It was moved by Council/RSA/HAB Member Andrews, seconded by Council/RSA/HAB Member Goldstein, and carried unanimously, to adopt the Special Joint Hayward City Council/Redevelopment Successor Agency/Housing Authority Board Meeting Minutes of June 2, 2026.

2. Adopt a Resolution Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2027 for Old Highlands Area Road Improvement Assessment District CONS 26-225

Staff report submitted by Public Works Director Ameri , dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-104, “Resolution Preliminarily Approving the Final Engineer’s Report and Ordering the Levy of Assessments for Fiscal Year 2027 for the Old Highlands Area Road Improvement Assessment District”

3. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $33,042.60 in Awarded 2024 Byrne Justice Assistance Grant Funds from the Alameda County Sheriff’s Office for Use by the Hayward Police Department CONS 26-228

Staff report submitted by Police Chief Matthews, dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

33 4 | June 16 , 202 6
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 26-105, “Resolution Authorizing the City Manager to Accept and Appropriate $33,042.60 in awarded 2024 Byrne Justice Assistance Grant Funds from the Alameda County Sheriff’s Office for Use by the Hayward Police Department”

4. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Bay Area Community Services for the Shallow Rental Subsidy Program Operations to Extend the Agreement Term through December 31, 2026, with Continuing Reporting Obligations through December 31, 2028 CONS 26-234

Staff report submitted by Assistant City Manager Thomas, dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-106, “Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Bay Area Community Services for the Shallow Rental Subsidy Program Operations to Extend the Agreement Term Through December 31, 2026, with Continuing Reporting Obligations Through December 31, 2028”

5. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Samsara, Inc. to Provide Fleet Management Software and Telematics Services with a Maximum Compensation Not- to-Exceed Amount of $150,000 and an Effective Term Length Through June 30, 2029 CONS 26-237

Staff report submitted by Maintenance Services Director Rullman, dated June 16, 2026, was filed.

34 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-107, “Resolution Authorizing the City Manager to Execute Amendment No.1 to the Professional Services Agreement with Samsara, Inc. to Provide Fleet Management Software and Telematics Services with a Maximum Compensation Amount Not to-Exceed $150,000 and an Effective Term Length Through Fiscal Year 2028-29”

6. Adopt a Resolution Rescinding Resolution No. 26-022 and Authorizing the City Manager to Accept and Appropriate All Proceeds from Liquidations of Donated Securities from the Edward Michael Nuss Trust Estimated at Approximately $121,432.73 with Final Value Subject to Market Fluctuation and Liquidation Timing to Be Used by the Hayward Animal Services Bureau for the Community Cat Trap, Neuter, Vaccinate, and Return Program CONS 26-241

Staff report submitted by Police Chief Matthews, dated June 16, 2026, was filed.

Council Member Andrews thanked the Edward Michael Nuss Trust for its contribution to the Hayward Animal Shelter.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

35 6 | June 16 , 202 6
Resolution 26-108, “Resolution Rescinding Resolution No. 26 -022 and Authorizing the City Manager to Accept and Appropriate All Proceeds from Liquidations of Donated Securities from the Edward Michael Nuss Trust Estimated at Approximately $115,000 with Final Value Subject to Market Fluctuation and Liquidation Timing to be Used by the Hayward Animal Service Bureau for the Community Cat Trap, Neuter, Vaccinate and Return Program”

7. Adopt Resolutions Authorizing the City Manager to Execute Amendment No. 2 to the Memorandum of Understanding with the Hayward Area Recreation and Park District to Eliminate the Measure C Funding Contribution and Execute an Amendment to the Master Lease Agreement to Include La Vista Park CONS 26-244

Staff report submitted by Public Works Director Ameri , dated June 16, 2026, was filed.

Council Member Andrews thanked the Hayward Area Recreation and Park District (HARD) for agreeing to assume responsibility for La Vista Park and recognized Public Works staff for their efforts to value-engineer the project and achieve cost savings.

Council Member Syrop acknowledged the ongoing partnership between the City and HARD, including joint community events and collaboration on the La Vista Park project; and noted that this partnership has supported efficient service delivery while generating savings for taxpayers.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolutions.

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

Resolution 26-109, “Resolution Authorizing the City Manager to Negotiate and Execute Amendment No. 2 to the Memorandum of Understanding with the Hayward Area Recreation and Park District for the Funding, Operations, and Maintenance of La Vista Park, Project No. 06914”

Resolution 26-110, “Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Master Lease
Agreement with the Hayward Area Recreation and Park District to Add La Vista Park”

36 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

8. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers for the Fiscal Year 2025 Water Line Replacement Project, Project 07028, with a Maximum Compensation Not-to-Exceed Amount of $680,589 CONS 26-245

Staff report submitted by Public Works Director Ameri , dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-111, Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers for the FY25 Water Line Replacement Project, Project 07028, with a Maximum Compensation Amount Not-to-Exceed $680,589”

9. Adopt a Resolution Approving the City of Hayward Salary Plan for Fiscal Year 2027 Including Retroactive Adjustments for FY 2025 and FY 2026 CONS 26-247

Staff report submitted by Human Resources Director Tecson , dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

37 8 | June 16 , 202 6
Resolution 26-112, “Resolution Approving the Fiscal Year 2027 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range Including Retroactive Adjustments for Fiscal 2025 and Fiscal Year 2026; and Superseding Resolution No. 26-040 and All Amendments Thereto”

10. Adopt a Resolution Approving the Plans and Specifications, Including Use of Certain Sole Source Products in the Plans and Specifications, and Calling for Bids for Construction of the Effluent Channel Return Pump Station Project for the Water Resource Recovery Facility’s (WRRF), Project No. 07806 CONS 26-248

Staff report submitted by Public Works Director Ameri , dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26 -113, “ Resolution Approving the Plans and Specifications Including Use of Certain Sole Source Products in the Plans and Specifications and Calling for Bids for Construction of the Effluent Channel Return Pump Station Project for the Water Resource Recovery Facility’s (WRRF), Project No. 07806”

11. Adopt Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Bay Area Community Services for Fiscal Year 2026-2027 Hayward Navigation Center Operations with a Maximum Compensation Not-to-Exceed Amount of $1,540,342 CONS 26- 249

Staff report submitted by Assistant City Manager Thomas, dated June 16, 2026, was filed.

Council Member Roch e commented on the agreement with Bay Area Community Services (BACS) for operation of the Hayward Navigation Center, recognizing the program's success in helping individuals transition to housing ; and expressed support for continued improvements at Regis Village, including the addition of on-site medical staff to address non- emergency needs and reduce impacts on public safety services.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.
38 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

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

Resolution 26-114, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Bay Area Community Services (B ACS) for Fiscal Year 2026- 27 Hayward Navigation Center (HNC) Operations with a Maximum Compensation
Amount Not-to Exceed $1,540,342”

12. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Alta Planning and Design with a Maximum Compensation Not-to-Exceed Amount of $360,000 for the Bicycle and Pedestrian Plan Update (CIP Project 05352) CONS 26-250

Staff report submitted by Public Works Director Ameri , dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-115, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Alta Planning and Design for Consulting Services for the Development of the City’s Bicycle and Pedestrian Master Plan Update (CIP Project 05352) in an Amount Not to Exceed $360,000”

13. Adopt a Resolution Confirming the Report and Nuisance Abatement/Municipal Code Violation Liens List and Approving the Filing of Nuisance Abatement/Municipal Code Liens with the County Recorder’s Office for Non-Abatable Code Violations CONS 26-251

39 10 | June 16 , 202 6
Staff report submitted by Development Services Director Buizer, dated June 16, 2026, was filed.

Council Member Goldstein noted that five of the fifteen cited properties were located in the Tennyson area and expressed concern about the potential financial impact of fines on residents in a historically underserved community; and encouraged the City to work with community partners to support residents in achieving compliance rather than relying solely on enforcement penalties.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26 -116, “Resolution Confirming the Report and Nuisance Abatement/Municipal Code Violation Liens List and Approving the Filing of Nuisance Abatement/Municipal Code Liens with the County Recorder’s Office for Non -Abatable Code Violations”

14. Adopt a Resolution Confirming the Report and Code Enforcement Programs Assessment Listing, and Authorizing Transmittal of Assessments to the County Assessor for Collection Associated with Past Due Code Enforcement Fees and Penalties for the Period of May 1 , 2025 through April 30, 2026, to the County Assessor for Collection CONS 26-252

Staff report submitted by Development Services Director Buizer, dated June 16, 2026, was filed.

Mr. Kashmir Phugga , a Mission Boulevard business owner, expressed concern regarding citations he believed were issued unfairly and requested that the City review the matter.

Celina Ni, co-owner of property at 1085 Folsom Avenue, requested a reduction or waiver of the proposed penalty and assessment fees; explained that health challenges prevented her from responding to City notices in a timely manner; and stated the property has since been brought into compliance

Alejandro Rodriguez stated that the notice he received regarding a special assessment for unpaid program fees and penalties did not include a date; and expressed concern that the omission could affect a recipient’s ability to exercise appeal rights within the timeframe established by State law.

40 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

Robert Finkel, representing the property owner San Antonio 30630 LLC , objected to a proposed special-assessment penalty of approximately $14.5 million related to unlawful cannabis operations conducted by a former tenant; argued that the proposed penalty was excessive; and noted that a legal objection was submitted for the record.

The speakers were advised their matters would go through the City Attorney's review process.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26 -117, “ Confirming the Report and Code
Enforcement Programs Assessment Listing and Authorizing Transmittal of Assessments to the County Assessor for Collection Associated with Past Due Code Enforcement Fees and Penalties for the Period of May 1, 2025, Through April 30, 2026”

15. Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the Tennyson Park Streetlight Project, Project No. 06973 CONS 26-253

Staff report submitted by Public Works Director Ameri, dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26 -118, “Resolution Approving Plans and
Specifications for the Tennyson Park Streetlight Project No. 06973 and Call for Bids”
41 12 | June 16 , 202 6

16. Adopt a Resolution Approving a Request to the Metropolitan Transportation Commission for an Allocation of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2027 CONS 26-256

Staff report submitted by Public Works Director Ameri, dated June 16, 2026, was filed.

Council Member Andrews thanked the Alameda County Transportation Commission (ACTC) for implementing quick-build projects to improve transit, pedestrian, and bicycle safety and encouraged consideration of additional safety improvements at the Tennyson Road/ I-880 interchange.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26 -119, “ Resolution Approving a Request to the Metropolitan Transportation Commission for an Allocation of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2026-27”

17. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Purchase and Sales Agreement with Link Logistics Real Estate LLC for the Transfer of the Former Whitesell Street Right-of-Way (with Reservation of Utility Easements) Located at Whitesell Street and Bay Center Place (APN 439-99-77-1) and Finding the Action Exempt from CEQA Review CONS 26-262

Staff report submitted by City Manager Ott, dated June 16, 2026, was filed.

Council Member Andrews thanked Real Estate Project Manager Irving for advancing the sale of City-owned property that will contribute revenue to the General Fund and for facilitating future development opportunities on other City-owned parcels.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

42 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

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

Resolution 26-120, “Resolution Authorizing the City Manager to Negotiate and Execute a Purchase and Sales Agreement with Link Logistics Real Estate LLC for the Transfer of the Former Whitesell Street Right- of-Way (with Reservation of Utility Easements) Located at Whitesell Street and Bay Center Place (APN 439-99-77- 1); and Finding the Action Exempt from Environmental Review”

18. Adopt a Resolution Extending the Terms of Current Hayward Youth Commission Voting Members through June 30, 2027, and Promoting Alternates to Voting Member Status with Terms Expiring June 30, 2027 CONS 26-265

Staff report submitted by City Clerk Lens, dated June 16, 2026 , was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-121, “ Extending the Terms of Current Hayward Youth Commission Voting Members Through June 30, 2027, and Promoting Alternates to Voting Member Status with Terms Expiring June 30, 2027”

43 14 | June 16 , 202 6

19. Adopt a Resolution Designating City-Owned Properties at Oak Street (APNs 415-0160-051- 00, 415- 0160-052-00, 415- 0160-053-00, 415- 0170-036-00, and 415- 0170-037-00), AT Overlook Avenue (APNs 445-0170-020-06 and 445-0180-001-00), at Harder Road (APNs 078C-0800-001-01, 078C -0800-029-00, 078C -0800-030-00, 078C -0800-031-00, 078C - 0800-032-00, 078C-0800-033-00, 078C-0800-034-00078C-0800-035-00, 078C-0800-036- 00, 078C-0800-037-00, 078C-0800-038-00, 078C-0800-039-00, 078C-0800-040-00, 078C- 0800-041-00, 078C-0800-042-00, and 078C-0800-043-00) at Carlos Bee Blvd. (APN 445- 0200-012-04), as Surplus Land, Authorizing Notices of Availability, and Finding the Action Exempt from California Environmental Quality Act Review CONS 26-267

Staff report submitted by City Manager Ott, dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-122, “Resolution Designating Certain City-Owned Properties Located at Oak Street ( APNs 415-0160-051-00, 415- 0160-052-00, 415- 0160-053-00, 415- 0170 036- 00, and 415- 0170-037-00), at Overlook avenue (APNs 445-0170-020-06 and 445-0180-001-00), at Harder Road ( APNs 078c -0800-001-01, 078c-0800 029-00, 078c-0800-030-00, 078c-0800-031-00, 078c- 0800-032-00, 078c-0800 033-00, 078c-0800-034-00078c-0800- 035-00, 078c-0800-036-00, 078c-0800-037 00, 078c-0800-038- 00, 078c -0800-039-00, 078c -0800-040-00, 078c -0800-041-00, 078c-0800-042-00, and 078c -0800-043-00) at Carlos B ee Blvd (APN 445-0200 012-04), at Hayward, California as Surplus Land Pursuant to Government Code Section 54221; Authorizing the City Manager to Issue Notices of A vailability as Required by the Surplus Land A ct; and Finding that the A ction Is Exempt from Environmental Review”

20. Adopt a Resolution Authorizing the City Manager to Execute an Amendment (or Amendments) to the Agreement with JP Morgan Chase, N.A. for Banking and Cash Management Services to Extend the Term for Up to an Additional Three Years CONS 26- 270

Staff report submitted by Finance Director Hilbrants, dated June 16, 2026, was filed.
44 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-123, “Resolution Authorizing the City Manager to Execute an Amendment ( or Amendments) to the Professional Services Agreement Between the City of Hayward and JP Morgan Chase, N.A. to Provide Banking and Cash Management Services for Up to an additional Three Years”

21. Adopt a Resolution: (1) Declaring a City Council Recess from July 1, 2026 through August 14, 2026; (2) Cancelling the Regular City Council Meetings Scheduled for July 7 and 21, and August 4, 2026; and (3) Authorizing the City Manager, or her Designee, to Take Action on Administrative Matters as Necessary During the Recess CONS 26-268

Staff report submitted by City Manager Ott, dated June 16, 2026, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

Resolution 26-124, “Resolution of the City Council of the City of Hayward Declaring a City Council Recess from July 1, 2026 Through August 14, 2026; Cancelling the Regular City Council Meetings Scheduled for July 7 and 21 and A ugust 4, 2026; and Authorizing the City Manager, or Her Designee, to Take Action on Administrative Matters as Necessary During the Recess”

45 16 | June 16 , 202 6

PUBLIC HEARING

22. LLAD 96-1 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Reconfirm Maximum Base Assessment Amounts, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District No. 96-1, Zones 1 through 18, for Fiscal Year 2026-27 (Report from Maintenance Services Director Rullman) PH 26-029

Staff report submitted by Maintenance Services Director Rullman, dated June 16, 2026, was filed.

Mayor Salinas announced the public hearing and, with no objections, waived the staff’s oral report; no questions were posed by members of the City Council.

There being no public speakers, Mayor Salinas opened and closed the public hearing at 7:51 p.m.

It was moved by Council Member Zermeño, seconded by Council Member Roche, and carried unanimously, to adopt the resolutions.

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

Resolution 26-125, “Resolution Approving the Final Engineer’s Report, Reconfirming Maximum Base Assessments, Confirming the Assessment Diagrams and Fiscal Assessments, and Ordering Levy and Collection of Fiscal Assessments for Fiscal Year 2027 for the Landscaping and Lighting Assessment District No. 96 1, Zones 1-18”

Resolution 26-126, “Resolution Approving Funding Recommendations and appropriating Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District No. 96-1, Zones 1 Through 18 for Fiscal Year 2027”

46 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

23. MD-1 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane, for Fiscal Year 2026-27 (Report from Maintenance Services Director Rullman) PH 26-030

Staff report submitted by Maintenance Services Director Rullman, dated June 16, 2026, was filed.

Mayor Salinas announced the public hearing and, with no objections, waived the staff’s oral report; no questions were posed by members of the City Council.

There being no public speakers, Mayor Salinas opened and closed the public hearing at 7:55 p.m.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolutions.

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

Resolution 26 -127, “ Resolution Approving the Engineer’s Report, Reconfirming Maximum Base Assessment Rate, Confirming the Assessment Diagram and Fiscal Assessment, and Ordering Levy and Collection of Fiscal Assessments for Fiscal Year 2027 for Maintenance District No. 1: Storm Drainage Pumping Station and Storm Drain - Pacheco Way, Stratford Road, and Ruus Lane”

Resolution 26-128, “Resolution Approving Funding Recommendations and appropriating Special Revenue Funds for Maintenance District No.1 for Fiscal Year 2026-27”

47 18 | June 16 , 202 6

24. MD-2 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 2 - Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2027 (Report from Maintenance Services Director Rullman) PH 26-031

Staff report submitted by Maintenance Services Director Rullman, dated June 16, 2026, was filed.

Mayor Salinas announced the public hearing and, with no objections, waived the staff’s oral report; no questions were posed by members of the City Council.

There being no public comment, Mayor Salinas opened and closed the public hearing at 7:57 p.m.

It was moved by Council Member Roche, seconded by Council Member Zermeño, and carried unanimously, to adopt the resolutions.

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

Resolution 26-129, “Resolution Approving the Final Engineer’s Report, Confirming Maximum Base Assessment amount,
Confirming the Fiscal Assessment Rate, Confirming the
Assessment Diagram, and Ordering the Levy and Collection of the Fiscal Assessment for Fiscal Year 2027 for Maintenance District No. 2: Eden Shores Water Buffer Zone and Pre-Treatment Pond”

Resolution 26-130, “ Resolution Approving Funding
Recommendations and Appropriating the Special Revenue Funds for Maintenance District No. 2 for Fiscal Year 2027”

25. Urban Water Management Plan and Water Shortage Contingency Plan: Review and Adopt the 2025 Urban Water Management and 2025 Water Shortage Contingency Plans (Report from Public Works Director Ameri) PH 26-032

Staff report submitted by Public Works Director Ameri, dated June 16, 2026, was filed.

48 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

Public Works Director Ameri announced the item and introduced Water Resource Manager Muñoz, who provided a synopsis of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan.

In response to Council Member Andrew’s inquiry regarding data-center water demand and the difference between open- and closed -loop cooling systems, Public Works Director Ameri estimated approximately 4,000 gallons per day for a 100-megawatt closed-loop data center, based on developer conversations, not yet City-verified, and added there is coordination with Bay Area Water Supply and Conservation Agency (BAWSCA) and peer cities (Santa Clara, San Jose) on data-center water-use benchmarking. In response to projected changes in residential and industrial water demand, Public Works Director Ameri clarified that the anticipated increase in the industrial, commercial, and institutional share of water use is largely attributable to expected reducti ons in residential water consumption resulting from conservation measures and efficiency improvements.

In response to Council Member Syrop’s inquiries regarding recycled water capacity, projected increases in commercial and industrial water demand, and data center water use, Public Works Director Ameri explained that recycled water use is currently limited by existing infrastructure, but the City is developing plans to expand production and distribution capacity . Regarding water shortages, Public Works Director Ameri clarified that the Water Shortage Contingency Plan serves as a framework of potential response measures and that any decisions regarding how reductions would be allocated among customer groups would be brought before the City Council for direction at the time a shortage occurs. Council Member Syrop emphasized the importance of prioritizing residential water needs and expressed interest in establishing future local water conservation goals.

Council Member Zermeño asked questions regarding the City's plans to expand recycled water use, the potential use of recycled water by future data centers, emergency water supply capacity, and irrigation for newly planted trees. Public Works Director Ameri confirmed that the City is working to expand recycled water infrastructure, noted that data centers may be able to utilize recycled water with additional treatment, explained that the City's four emergency wells could meet most water demands during a supply disruption with modest conservation measures, and stated that recycled water is used for irrigation where available.

Council Member Bonilla Jr. asked questions regarding opportunities to encourage or require greater water conservation among businesses, emergency water supply planning, and cost differential between recycled and potable water. Public Works Director Ameri noted that the City provides incentives and conservation programs for commercial users, confirmed that the City's four emergency wells can provide with a short activation time for emergency use only during disruption of Hetch Hetchy supply and not for routine supplementation, and added that the City currently offers a 20% rate discount for recycled water.

49 20 | June 16 , 202 6
Council Member Bonilla Jr. emphasized the importance of prioritizing residential water needs during future shortages and requested additional discussion regarding water allocation policies and recycled water expansion. There was consensus to refer the item to the Council Infrastructure Committee for discussion.

There being no speakers, Mayor Salinas opened and closed the public hearing at 8:31 p.m.

It was moved by Council Member Roche, seconded by Council Member Andrews, and carried out unanimously, to adopt the resolutions.

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

Resolution 26-131, “Resolution adopting the 2025 Urban Water Management Plan for the City of Hayward”

Resolution 26 -132, “Resolution adopting the 2025 Water Shortage Contingency Plan for the City of Hayward”

LEGISLATIVE BUSINESS

26. Military Equipment Use: Approve the Hayward Police Department’s Annual Military Equipment Use Report for April 2025 through March 2026 and Renew Ordinance 22 -06 Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481 (Report from Police Chief Matthews) LB 26-010

Staff report submitted by Police Chief Matthews, dated June 16, 2026, was filed.

Police Chief Matthews provided a synopsis of the staff report and noted that the Council Public Safety Committee had recommended the proposal for Council consideration.

Mayor Salinas acknowledged members of the Council Public Safety Committee: Mayor Salinas, Council Member Roche, and Council Member Bonilla Jr.

Council Member Andrews asked questions regarding privacy protections, funding, and reporting requirements for the proposed Drone as a First Responder (DFR) program. Police Chief Matthews explained that the program would operate under the same privacy safeguards and policy framework developed through community outreach and consideration of American Civil Liberties union (ACLU) recommendations when the City's drone program was established; noted that the program could be scaled based on available funding; and that drone usage data 50 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.
could be reported to the Council Public Safety Committee more frequently than the annual Assembly Bill No. 481 reporting requirement.

Council Member Syrop emphasized the importance of maintaining detailed public reporting on drone deployments in the transparency log. In response to Council Member Syrop’s request for clarification on how the program would remain reactive and limited to emergency response activities, Police Chief Matthews explained that any expansion of drone uses beyond those authorized in policy would require additional policy changes and City Council review. Police Chief Matthews and Captain Olsen clarified that the estimated cost is up to approximately $589,000 per year over a five -year phase implementation, funded through grants, asset - forfeiture funds, and other sources; and added that asset-forfeiture funds are legally restricted to police-specific uses and cannot substitute for General Fund spending.

Council Member Roche thanked staff for addressing privacy concerns raised during the Council Public Safety Committee's review of the DFR program; and expressed appreciation for staff's follow-up regarding the drone camera's manual override capabilities and for updating the policy to ensure the camera remains oriented toward the horizon until it reaches an incident location.

Council Member Zermeño asked questions regarding the proposed DFR program, including the use of the term "military equipment," citywide drone coverage, and the potential for proactive drone deployments. Police Chief Matthews explained that the term is established by State law, stated that eight strategically located drones are expected to provide coverage throughout the city, and clarified that drone deployments would remain complaint-driven and focused on calls for service.

Council Member Bonilla Jr. asked questions regarding data security, vendor selection, privacy protections, and potential emergency response applications for the proposed DFR program.

Police Chief Matthews explained that a vendor has not yet been selected and that the City would complete a competitive procurement process but noted that the pilot program utilized technology from Axon and Skydio, both of which provide secure systems with comprehensive audit trails and restricted access to data. Council Member Bonilla Jr. emphasized the importance of protecting resident privacy and ensuring drones are deployed thoughtfully and only when appropriate.

Mayor Salinas opened the public hearing at 9:19 p.m.

Suzanne Luther, Hayward Concerned Citizens’ member, expressed support for the Hayward Police Department's existing Unmanned Aircraft Systems (UAS) program and DFR expansion; and stated that the technology would improve response times, enhance officer and community safety, and serve as a valuable tool for an understaffed department.

51 22 | June 16 , 202 6
Claire Dugan, Hayward resident and Hayward Concerned Citizens’ member, voiced support for HPD’s request to expand the drone program, citing concerns about crime and public safety; and stated that drones can improve emergency response, enhance community safety, and assist in crime prevention and apprehension efforts.

Dennis Houghtelin, Hayward resident and retired law enforcement executive and former Hayward Deputy Police Chief, expressed support for the DFR program; and stated that drone technology improves situational awareness, officer safety, operational efficiency, and de- escalation; and described it as one of the most significant technological advancements in modern policing.

TJ, Hayward Concerned Citizens’ member, supported the proposed DFR program and real-time information center capabilities; and stated that the program would improve public safety, enhance emergency response, support officer safety, and maximize limited City resources while maintaining appropriate privacy protections.

Hayward Chamber of Commerce President Lopez expressed the Chamber's support for the DFR program expansion; and stated that the program would help address public safety concerns, offer officer-safety benefits , improve emergency response capabilities, support local businesses, avoid new General Fund cost, and contribute to Hayward's long-term economic growth.

Dylan Rogers , representing the Hayward Coalition for Human Rights in the Philippines, opposed the DFR program; raised concerns regarding increased surveillance, militarization of law enforcement, privacy impacts, and the use of public funds for drone technology; and urged the City Council to consider potential unintended consequences and ensure strong oversight and regulations if the program moves forward.

Toney Chaplin, retired Police Chief, expressed support for the DFR program, citing its potential to improve officer and community safety through enhanced situational awareness and de- escalation; and stated that drone technology can help address staffing challenges, improve emergency response outcomes, and serve as a cost -effective public safety tool when accompanied by appropriate safeguards.

Mayor Salinas closed the public hearing at 9:40 p.m.

Council Member Zermeño expressed support for the DFR program, noting the technology would improve officer response time and enhance situational awareness , and was not concerned with privacy concerns.

Council Member Syrop stated that he has longstanding concerns about expanding police surveillance infrastructure and the use of military equipment, citing privacy issues, third-party vendor practices, and the potential for future misuse; expressed concerns regarding funding sustainability, the continued growth of the Police Department budget, and the need for clearer deployment policies and safeguards ; and encouraged continued policy review, greater 52 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.
transparency, and exploration of broader City applications for the technology, but indicated he could not support the proposal based on these concerns.

Council Member Roche expressed support for the DFR program, noting that the Police Department has been transparent regarding its military equipment inventory and drone policies; highlighted the benefits of the technology in improving situational awareness, enhancing safety for officers, community members, and suspects, and helping address staffing challenges faced by law enforcement agencies; and emphasized that the program is reactive, governed by existing policies and privacy protections, and funded without requiring additional General Fund resources.

Council Member Andrews acknowledged that she initially had concerns about drone technology but noted that the Police Department addressed many of those concerns through community engagement, privacy protections, and policy safeguards. While expressing some reservations regarding potential public reactions to drones, she supported exploring the program because of its potential to improve emergency response, disaster preparedness, officer safety, and the reduction of officer-involved shootings. She emphasized the importance of ongoing reporting, public accountability, and the ability to suspend the program if issues arise.

Council Member Bonilla Jr. expressed support for the DFR program, citing the safeguards, privacy protections, and thoughtful implementation plan developed by staff; commended the Police Department for securing alternative funding sources ; emphasized the importance of identifying a sustainable long-term funding strategy if the program proves successful; and also supported the program's reactive deployment model and its role in improving real -time information and emergency response capabilities throughout the city.

Council Member Goldstein expressed support for the proposal and commended staff for their diligence in ensuring the program aligns with community values regarding privacy and appropriate use; stated that the technology could provide significant public safety benefits while helping reinforce that Hayward is committed to addressing crime; and encouraged consideration of corporate social responsibility factors when selecting a vendor for the program.

Mayor Salinas expressed support for the DFR program, thanking staff for incorporating feedback from the Council Public Safety Committee and developing a policy framework that balances public safety needs with privacy protections ; emphasized that the technology can enhance officer and community safety by providing better information before officers arrive at a scene, reducing uncertainty and potentially to de-escalating dangerous situations; noted that public safety remains the City's highest priority and referenced positive experiences and best practices shared by other cities using similar technology ; and stated that the City Council retains the authority to modify or discontinue the program if concerns arise in the future. 53 24 | June 16 , 202 6

It was moved by Mayor Salinas, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.

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

Resolution 26-133, “Resolution Approving the Hayward Police Department’s annual Military Equipment Use Report for April 2025 Through March 2026 and Renewing Ordinance 22- 06
adopting Military Equipment Use Policy No. 706 in Compliance with assembly Bill No. 481”

27. Hayward Municipal Code Amendment: Introduction of Ordinance Amending the Hayward Municipal Code, Relating to the Community Services Commission (Report from Assistant City Manager Thomas) LB 26-013

Staff report submitted by Assistant City Manager Thomas, dated June 16, 2026, was filed.

Mayor Salinas announced the public hearing and, with no objections, waived the staff’s oral report; no questions were posed by members of the City Council.

Council Member Syrop thanked Council Member Bonilla Jr. for collaborating with the Community Services Commission to evaluate how the commission can best serve the community and provide value to the City; and recognized staff for incorporating feedback into a revised framework that clearly defines the commission's advisory role.

There being no speakers, Mayor Salinas opened and closed the public hearing at 10:13 p.m.

It was moved by Council Member Bonilla Jr., seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.

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

54 CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84066967720?pwd=STfQFdYVPhjGEntuoifMSJdHr17GQJ.1 Tuesday, June 16, 2026, 7:00 p.m.

Introduction of Ordinance 26-_, “An Ordinance of the City Council of the City of Hayward Amending Sections 2-3.90, et seq., of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the A ction is E xempt from CEQA Review”

INFORMATION ITEMS

28. Development of New 39,900-Square-Foot Hangar at Hayward Executive Airport by APP Jet Center RPT 26-052

The report was informational only and no questions were raised by members of the City Council.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews announced the Juneteenth celebration scheduled for June 20 , 2026, at Mt. Eden High School; thanked the City Council and community partners for their support; recognized Alameda County Supervisor Márquez for her continued support of the event; and acknowledged West Coast Makers for organizing the live performances.

Council Member Syrop encouraged residents to attend the Juneteenth celebration and highlighted a concurrent 5K run, noting that participants would receive a commemorative medal designed by local artist Big Lou.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 10:18 p.m.

APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
55 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-288
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution (1) Approving Addendum No. 1 and No. 2 to the Project Specifications and Plans, (2) Rejecting the Bid Protest from SubTerra Construction, Inc., (3) Authorizing the City Manager to Award a Contract to JDB & Sons Construction, Inc., in an Amount of $10,229,360, and (4) Approving $1,022,936 in Administrative Construction Contingency for the FY24 Sewer Line Replacement Project, Project No. 07789

RECOMMENDATION
That City Council adopts the attached resolution (Attachment II) (1) approving Addendum No. 1 and No. 2, providing minor revisions to the project specifications and plans; (2) rejecting the bid protest from SubTerra Construction, Inc.; (3) authorizing the City Manager to award the construction contract to JDB & Sons Construction, Inc., in an amount of $10,229,360 and (4) approving $1,022,936 in administrative construction contingency for the FY24 Sewer Line Replacement Project, Project No. 07789.

SUMMARY
The Utilities Division of the Department of Public Works & Utilities replaces the City’s undersized or structurally damaged sewer mains through annual Capital Improvement Program (CIP) projects. The FY24 Sewer Line Replacement Project will improve the capacity and maintain the operability of the sewer collection system by replacing or rehabilitating approximately 4.68 miles of existing vitrified clay pipe (VCP) and asbestos cement pipe (ACP) ranging in diameter from 6 to 10-inch with new 8, 10, 12, 15, or 18-inch Polyvinyl chloride (PVC) or High-density Polyethylene (HDPE) pipe. This project takes place at twenty-six locations throughout the City. Approximately 2.04 miles will be replaced by traditional open- cut method, another approximately 0.77 mile will be replaced by trenchless technology used to cross under obstructions that prohibit open-cut installation, and approximately 1.87 miles will be repaired with Cured-In-Place Pipe lining (CIPP).

On June 30, 2026, seven (7) bids were received. The low bid was $10,229,360 which is $4,300,540, or

29.6%, below the Engineer’s estimate of $14,530,000. Staff is requesting City Council’s approval of Addendum No. 1 and No. 2, which provided minor revisions to clarify the specifications/plans, and awarding the construction contract to the lowest responsible bidder, JDB & Sons Construction, Inc., in the CITY OF HAYWARD Printed on 8/14/2026Page 1 of 2
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56 File #:CONS 26-288
amount of $10,229,360, and approving $1,022,936 in Administrative Construction Contingency (change orders).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Bid Protest
CITY OF HAYWARD Printed on 8/14/2026Page 2 of 2
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57

DATE: August 18, 2026

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution (1) Approving Addendum No. 1 and No. 2 to the Project Specifications and Plans, (2) Rejecting the Bid Protest from SubTerra Construction, Inc., (3) Authorizing the City Manager to Award a Contract to JDB & Sons Construction, Inc., in an Amount of $10,229,360, and (4) Approving $1,022,936 in Administrative Construction Contingency for the FY24 Sewer Line Replacement Project, Project No. 07789

RECOMMENDATION

That City Council adopts the attached resolution (Attachment II) (1) approving Addendum No. 1 and No. 2, providing minor revisions to the project specifications and plans; (2) rejecting the bid protest from SubTerra Construction, Inc.; (3) authorizing the City Manager to award the construction contract to JDB & Sons Construction, Inc., in an amount of $10,229,360 and (4) approving $1,022,936 in administrative construction contingency for the FY24 Sewer Line Replacement Project, Project No. 07789.

SUMMARY

The Utilities Division of the Department of Public Works & Utilities replaces the City’s undersized or structurally damaged sewer mains through annual Capital Improvement Program (CIP) projects. The FY24 Sewer Line Replacement Project will improve the capacity and maintain the operability of the sewer collection system by replacing or rehabilitating approximately 4.68 miles of existing vitrified clay pipe (VCP) and asbestos cement pipe (ACP) ranging in diameter from 6 to 10-inch with new 8, 10, 12, 15, or 18-inch Polyvinyl chloride (PVC) or High-density Polyethylene (HDPE) pipe. This project work will take place at twenty-six locations throughout the City. Approximately 2.04 miles of mains will be replaced by traditional open-cut method, another approximately 0.77 mile will be replaced by trenchless technology used to cross under obstructions that prohibit open-cut installation, and approximately 1.87 miles will be repaired with Cured-In-Place Pipe lining (CIPP).

On June 30, 2026, seven (7) bids were received. The low bid was $10,229,360 which is $4,300,540, or 29.6%, below the Engineer’s estimate of $14,530,000. Staff is requesting City Council’s approval of Addendum No. 1 and No. 2, which provided minor revisions to clarify the specifications/plans, and awarding the construction contract to the lowest 58

responsible bidder, JDB & Sons Construction, Inc., in the amount of $10,229,360, and approving $1,022,936 in Administrative Construction Contingency (change orders).

FISCAL IMPACT

This item does not impact the General Fund or Measure C.

The estimated costs for the FY24 Sewer Line Replacement Project are as follows:

Construction Contract $10,229,360
Administrative Construction Contingency $1,022,936
Professional Engineering Services – Consultant $836,100 Inspection & Testing & Permitting $612,400
Construction Management and Administration – City
Staff $924,000

Total $13,624,796

The adopted FY27 CIP included $18,965,000 for the FY24 Sewer Line Replacement Project, Project No. 07789. The anticipated surplus of $5,340,204 will be carried forward to the FY26 Sewer Line Replacement Project for future sewer line replacement.

BACKGROUND

The City’s current CIP includes funding to replace the City’s undersized or structurally damaged sewer mains through annual sewer line replacement projects. The City operates approximately 325 miles of sanitary sewer mains. The Utilities Division staff performs regular sewer main cleaning and has an ongoing program to monitor and inspect the condition of the City’s sanitary sewer collection system using closed circuit television (CCTV) technology. The inspection is performed by placing a camera, mounted on tracks, inside a sewer pipe and remotely guiding it through the length of the pipe to identify structurally damaged sewer mains for repair or replacement.

On February 20, 20241, City Council approved Resolution No. 24-066, authorizing the City to enter into a Professional Services Agreement with BKF Engineers (BKF), for design services and technical support during construction. The City has completed the environmental analysis for the construction of the FY24 Water and Sewer Line Replacement Projects in accordance with the California Environmental Quality Act (CEQA) and City Council has adopted the Initial Study/Mitigated Negative Declaration document on March 17, 2026. Combining both water and sewer projects into one analysis allows for better design efficiencies and economies of scale.

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DISCUSSION

On May 19, 20262, Council approved the plans and specifications for the project and called for bids to be received on June 30, 2026.

On June 30, 2026, the City received seven (7) bids for the project, ranging from $10,229,360 to $19,912,000. JDB & Sons Construction, Inc. (JDB & Sons), submitted the lowest bid in the amount of $10,229,360, which is approximately 29.6% below the Engineer’s estimate of $14,530,000. SubTerra Construction, Inc., (SubTerra) submitted the second-lowest bid of $10,876,289. The average of the seven (7) bids received was $12,873,853 which is approximately 11.4% below the Engineer’s estimate. An additional $1,022,936 (or 10% of the contract amount) is included for administrative construction contingency in the event additional funds are needed for unforeseen conditions and changes during construction.

BID PROTEST BY SUBTERRA CONSTRUCTION, INC.

On July 7, 2026, the City received an email and physical copy of a bid protest from a law firm representing SubTerra (Attachment III). The bid protest contends that JDB & Sons’ bid was not submitted timely in conformity with the project’s Notice to Contractors (NTC) so it should be rejected and the project should be awarded to the second lowest bidder in SubTerra. The bid protest’s argument is that JDB & Sons’ bid was late because it was submitted 40 seconds after 2:00 p.m. when the NTC states that bids will be received “until 2:00 p.m.”

After reviewing the bid protest, staff determined that the City Clerk’s acceptance of the bid from JDB & Sons at 40 seconds after 2:00 p.m., before 2:01 p.m., was consistent with the standard City bid procedures and with the language in the NTC. It has been the City’s discretion and standard practice to accept all bids before the clock turned to 2:01 p.m. As a result, staff recommends that City Council deny the bid protest from SubTerra and award the contract to JDB & Sons.

ECONOMIC IMPACT

The community will benefit from the project, including the continued operability and serviceability of the sewer collection system. Furthermore, robust and reliable sewer infrastructure can help foster economic development and viability in the City.

Replacing the sewer main and appurtenances are part of an effort to, pursuant to City Council direction, modernize and upgrade existing infrastructure. The project will reduce operations and maintenance costs associated with servicing the undersized and structurally defective sewer mains. In addition, staff time attending to issues related to high frequency maintenance and sanitary sewer overflows will be reduced.

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On June 24, 20253, City Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to utilize local union hiring halls, encourages the employment of Hayward residents and Hayward Unified School District graduates, and requires workers to pay applicable union dues and contribute to other benefit trust funds. The CWA agreement applies to the FY24 Sewer Line Replacement Project as its construction cost exceeds $1,000,000.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap, which includes Invest in Infrastructure as one of the strategic priorities. Specifically, this item relates to the implementation of Objective 4: Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers under “Invest in Infrastructure:”

N20: Replace an average of 2.5 miles of sewer pipelines annually

SUSTAINABILITY FEATURES

The repair and replacement of deteriorating sewer lines reduces the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways.

PUBLIC CONTACT

Prior to and during construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information. In addition, staff will separately contact any large employers and schools that may be affected by the project and coordinate work to minimize impact.

NEXT STEPS

The following schedule has been developed for this project:

Award Construction Contract August 18, 2026
Notice to Proceed September 2026
Construction Completion Fall 2027

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61

Prepared by: Derek Pham, Senior Utilities Engineer

Reviewed by: Zaheer Shaikh, Utilities Engineering Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________
Jennifer Ott, City Manager
62 ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26- _____

Introduced by Council Member

RESOLUTION APPROVING ADDENDUM NO. 1 AND NO. 2 TO THE PROJECT

SPECIFICATIONS AND PLANS , REJECTING THE BID PROTEST FROM SUBTERRA CONSTRUCTION, INC., AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO JDB & SONS CONSTRUCTION, INC. IN AN AMOUNT OF $10,229,360 AND APPROVING $1,022,936 IN ADMINISTRATIVE CONSTRUCTION CONTINGENCY FOR THE FY24 SEWER LINE REPLACEMENT PROJECT, PROJECT NO. 07789

WHEREAS, by Resolution No. 26-073 on May 19, 2026, the City Council approved the plans and specifications for the FY24 Sewer Line Replacement Project, Project No. 07 789, and called for bids to be received on June 30, 2026; and

WHEREAS, Addendum No. 1 and No. 2 were issued to make minor revisions to the specifications and plans; and

WHEREAS, on June 30, 2026, seven (7) bids were received ranging from $10,229,360 to $19,912,000. The low bid, submitted by JDB & Sons Construction, Inc., is approximately

29.6% below the engineer’s estimate of $14,530,000.

WHEREAS, on July 7 , 2026, the City received a bid protest from SubTerra Construction Inc., the second lowest bidder, regarding the timing of JDB & Sons Construction, Inc. bid submission; and

WHEREAS, the City reviewed the bid protest and determined that JDB & Sons Construction submitted the bid on time.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward that Addendum No. 1 and No. 2 are hereby approved and adopted as part of the plans and specifications for the project; and

BE IT FURTHER RESOLVED, after review a nd consideration of the bid protest by SubTerra Construction, Inc., that said protest is denied.

BE IT FURTHER RESOLVED that JDB & Sons Construction, Inc., of San Francisco, CA, is hereby awarded the contract for the FY24 Sewer Line Replacement Project, Project No. 07789, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected; and
63

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute an agreement with JDB & Sons Construction, Inc., in the name of and for and on behalf of the City of Hayward, in an amount of $10,229,360 in a form to be approved by the City Attorney and an administrative construction contingency of $1,022,936 is approved.

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

64 July 7, 2026
REPLY TO:
2535 Capitol Oaks Dr., Suite 450
Sacramento, CA 95833
Tel. 916-963-9965

VIA HAND DELIVERY & EMAIL

City Clerk of the City of Hayward
777 B Street, First Floor
Hayward, CA 94541-5007
[email protected]
[email protected]
Derek Pham, PE
[email protected]
RE: BID PROTEST by SubTerra Construction, Inc.

City of Hayward - FY24 Sewer Line Replacement Project
Project No. 07789
To Whom It May Concern:

This office was retained to represent SubTerra Construction, Inc., (hereinafter “SubTerra”) in its Protest of the award of Project No. 07789 to JDB & Sons Construction, Inc., CSLB Number 876159 (hereinafter “JDB”) because JDB’s bid was not timely submitted in conformity with the Notice to Contractors (NTC). (Exhibit A) SubTerra is a contractor that submitted a timely, responsive, and responsible bid to the City of Hayward for work on the above-referenced Project. SubTerra was informed that it is the second lowest bidder behind JDB who submitted a late bid package as will be set forth below.

SubTerra requests that its bid protest by affirmed and that JDB’s bid be found non- responsive and untimely pursuant to Public Contract Code § 4104.5(a). Once JDB’s bid is found non-responsive, SubTerra requests that its bid be accepted as the lowest responsible and responsive bid for this project.

I. STATEMENT OF FACTS
The NTC requires that “SEALED proposals will be received at the office of the City Clerk, First Floor, 777 “B” Street, Hayward, California 94541-5007, until 2:00 p.m. on TUESDAY, June 30, 2026, at which time they will be publicly opened and read aloud in the Rotunda, First Floor, of said building, for construction in accordance with the project plans and specifications to which special reference is made …” (emphasis added) The language “until 2:00 pm” means the action must be completed before 2:00:00 p.m., or it is legally late. (Black's Law Dictionary, Fifth Edition 1979, p. 1380 [Up to time of. A word of limitation, used ordinarily to restrict that which precedes to what immediately follows it, and its office is to fix some occurrence of which what precedes will cease to exist.) In other words, the phrase “until” excludes the exact time mentioned in the document, unless the clear intention

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2055 Pine Street
Redding, CA 96001
Tel. 530-245-1877

SAN FRANCISCO OFFICE
1990 N. California Blvd., Suite 800
Walnut Creek, CA 94596
Tel. 650-844-5200

ATTACHMENT III

65 Re: SubTerra Construction, Inc., Bid Protest
July 7, 2026

of the parties indicates otherwise. Here, the deadline was 2:00 p.m., and anything submitted after that exact time is late.

If the term was “by 2:00 pm”, that means before 2:01 p.m.. In legal terms, "by" incorporates the time specified. If a bid is received at 2:01 p.m., it is considered late and will likely be dismissed as untimely.

SubTerra personnel, including the undersigned Andrew Chung, were present at the bid opening on June 30, 2026.

At 2:00 p.m., the City Clerk announced that it was “now 2:00 p.m.” By announcing that it was 2:00 p.m., the City Clerk effectively stated that bidding is now closed because 2:00 p.m., was reached. But then the City Clerk decided to wait to accept bids even though the strict deadline in the NTC was reached.

JDB & Sons Construction, Inc., which ultimately had the lowest bid, hand delivered its bid package approximately 40 seconds after the City Clerk announced that it was “now 2:00 p.m.”
Instead of returning JDB’s bid unopened as required by Public Contract Code § 4104.5(a), the City Clerk added it to the rest of the bids and read the contents for the bid price last (in the order it was received). This happened at approximately 2:05 p.m.

The bid results for the project were as follows (contractor names have been shortened):

JDB & Sons Construction, Inc. $10,229,360
SubTerra Construction, inc. $10,876,289
Cratus, Inc. $11,241,389
Glossage Engineering, Inc. $11,752,917
KJ Woods Construction, Inc. $12,238,000
Ranger Pipelines, inc. $13,867,015
Precision Engineering $19,912,000
Had the City Clerk returned JDB’s bid package as required by Public Contract Code § 4104.5(a), SubTerra would have been the lowest responsible bidder entitled to be awarded the Contract.

As a result of the activities at the bid opening, SubTerra was the second lowest bidder due to the City’s acceptance of JDB’s late bid package.

II. ARGUMENTS
A. Responsible Bidders, and Responsive Bids
There typically are two general grounds for protesting a bid: (1) The bidder is not a “responsible” contractor, and (2) The bid is not “responsive” to the Invitation for Bids or Instructions to Bidders, or the job specifications.

Let’s clarify the terms responsive and responsible. California courts provide a good definition of the difference between responsive and responsible. The court stated, “a bid is

SANDHU LAW GROUP, APC

ATTACHMENT III

66 Re: SubTerra Construction, Inc., Bid Protest
July 7, 2026

‘responsive’ if it promises to do what the bidding instructions demand; a bidder is ‘responsible’ if it can perform the contract as promised.” (emphasis added) ( Taylor Bus Services, Inc. v. San Diego Board of Education (1987) 195 Cal.App.3d 1331)
A bid is “non-responsive”, for example, when the bid form is not completely filled out and signed, as required by the Instructions to Bidders, or where there are other errors or omissions on the Bid Forms, such as timely submission.

A responsible bidder is defined as a bidder who has demonstrated the attributes of trustworthiness as well as quality, fitness, capacity, and experience to satisfactorily perform a public works project. (Public Contract Code § 1103)
The issues in this protest relate to the responsiveness of JDB’s bid that requires delivery by a specific time, not whether JDB is a responsible bidder. To be responsive, the bid must follow the NTC exactly.

Nothing is shown that SubTerra’ s bid was not responsive or not responsible. SubTerra is a proper party to Protest. Here, however, JDB’s bid was not responsive because it was submitted late.

B. The JDB Bid Was Not Responsive Because it was Untimely The most common grounds for a protest, and the easiest to demonstrate, is a defect in a bid that makes it non-responsive. A simple comparison of the bid to the requirements in the bidding documents demonstrates most responsiveness problems. Here, JDB’s bid was not submitted by the bid deadline. The City should have returned JDB’s bid unopened.

In California, construction bids must be submitted strictly on time to be considered valid.

The legislature has declared some bid defects to be fatal flaws. For example, statutes barring agencies from even opening late bids necessarily make tardiness a fatal flaw. (Public Contract Code § 4104.5 [Subsection a – “Any bids received after the time specified in the notice or any extension due to material changes shall be returned unopened.”] Accepting a late bid violates the fundamental purpose of public competitive bidding, which is to ensure a level playing field, guard against favoritism, and prevent fraud. (See generally Public Contract Code § 100)
The City has the discretion to reject the low bidder if they find the bid non-responsive, or the contractor not responsible. (Raymond v. Fresno City Unified Sch. District (1954) 123 Cal.App.2d 626) A late bid (not already barred by a statute) is an example that usually meets both tests. Subcontractors and suppliers typically submit price cuts until seconds before the bid deadline (Saliba-Kringlen Corp v. Allen Engineering Co. (1971) 15 Cal. App. 3d 95, 99).

Tardiness in submitting a bid allows a bidder to receive and use later last-minute cuts; that gives the bidder an advantage not allowed to bidders who timely submitted their bids. Using those late cuts also likely affects the amount of the bid.

Here, JDB submitted its bid approximately 40 seconds late, after the City Clerk already announced that it was “now 2:00 p.m.” The City Clerk effectively stated that bidding period is closed because 2:00 p.m., was reached.

SANDHU LAW GROUP, APC

ATTACHMENT III

67 Re: SubTerra Construction, Inc., Bid Protest
July 7, 2026

The NTC is very specific that bidding is open “until 2:00 p.m.” on TUESDAY, June 30, 2026. “Until 2:00 PM” means up to the specific hour of 14:00 (2:00 post meridiem). In short, that activity, condition, or deadline remains in effect or valid continuously from a prior point in time up until exactly 2:00 PM.

Accepting JDB’s bid after 2:00 p.m., was improper and a material violation of the competitive bidding process. Thus, even though the City opened JDB’s bid, by it being late, it was "non-responsive," meaning the City lacks the authority to legally award JDB the contract.

The City should find that JDB’s bid is non-responsive because it was not submitted by the exact 2:00 p.m., deadline.

III. CONCLUSION
Based on the foregoing, SubTerra requests that its bid protest by affirmed and that JDB’s bid be found non-responsive and untimely. Once JDB’s bid is found non-responsive, SubTerra requests that its bid be accepted as the lowest responsible and responsive bid for this project.

Sincerely,

RONALD L. CARELLO

cc: SubTerra Construction, Inc. (Attn: Andrew Chung) ( [email protected]) JDB & Sons Construction, Inc. (Attn: James Anthony Burke) ( admin@jdb- construction.com; [email protected])
Enclosures as noted.

RLC:jp

VERIFICATION
I, Andrew Chung, am an authorized representative for SubTerra Construction, Inc. I have read the foregoing Bid Protest and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe them to be true.

ANDREW CHUNG, Chief Financial Officer

SANDHU LAW GROUP, APC

ATTACHMENT III

68 EXHIBIT A

ATTACHMENT III

69 CITY OF HAYWARD

DEPARTMENT OF PUBLIC WORKS
* * * * *

NOTICE TO CONTRACTORS
* * * * *
SEALED proposals will be received at the office of the City Clerk, First Floor, 777 “B” Street, Hayward, California 94541-5007, until 2:00 p.m. on TUESDAY, June 30, 2026, at which time they will be publicly opened and read aloud in the Rotunda, First Floor, of said building, for construction in accordance with the project plans and specifications to which special reference is made, as follows:

Title: FY24 Sewer Line Replacement Project
Project No. 07789
Project Description:

The work includes, in general, the furnishing of labor, materials, and equipment for the construction of new sanitary sewer lines in the City, including, but not limited to replacing existing sewer pipes with approximately 10,837 linear feet of new pipes by open cut; approximately 4,236 linear feet new pipes by pipe bursting; and rehabilitating approximately 9,668 linear feet of existing pipes by cured in place pipe (CIPP); restoring and reconnecting all affected sanitary sewer service lines (laterals); installing new, abandoning, modifying, and replacing sewer manholes.

The work also includes cleaning and video inspection of sanitary sewer pipes, wastewater flow control and bypass pumping, dewatering, shoring, traffic control, utility locating, potholing, public notification, restoration of public and private surface improvements (including but not limited to pavement, sidewalk, curb and gutter, fences, and landscaping), and all incidental items not mentioned above, but are required by the Contract Drawings, Standard Specifications, Technical Specifications, or these Special Provisions.

The Engineer's estimated cost of construction is $14,530,000.

The work is to be completed within TWO HUNDRED AND SIXTY (260) working days.

The Contractor shall pay to the City of Hayward the sum of $1,000.00 per day in excess of the number of working days prescribed above, for each and every calendar day's delay in finishing the work. See details in the Special Provisions.

At the time this contract is awarded, the Contractor shall possess either a Class A or C-34 license.

When the Engineer's estimated cost of construction is greater than $1,000,000, the contract is subject to the Community Workforce Agreement approved by the Hayward City Council on June 24, 2025. The successful bidder and all subcontractors, at any tier, will be required to sign an Agreement to be Bound which can be found in Exhibit F in the Special Provisions as a condition precedent to entering into any contract for this project.

Pursuant to Section 1770 of the Labor Code, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages applicable to the work to be performed, which rates are filed in the office of the Engineer, and copies of which are available to any interested parties on request.

ATTACHMENT III

70 In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered with the State Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5. Section 1771.1 applies to any bid proposal submitted on or after March 1, 2015 and/or any contract for public work entered into on or after April 1, 2015.

Job Site Notices. Contractor shall post a Job Site Notice for this project pursuant to Title 8 California Code of Regulations Section 16451.

A bid submitted by any Contractor who is not licensed to engage in business or act in the capacity of a Contractor shall be considered non-responsive and shall be rejected, except for those exceptions governed by Section 7028.15 of the Business and Professions Code.

The City of Hayward hereby notifies all bidders that bidders will not be discriminated against on the grounds of race, color, religion, national origin, ancestry, place of birth, sex, sexual orientation, age, or disability in consideration for an award.

A pre-bid conference will be held on Thursday, June 04, 2026 at 10:00 A.M. via Microsoft Teams Meeting (visit BidNet Direct at www.bidnetdirect.com for meeting link or call-in phone number). The purpose of this conference is to answer Contractor's questions regarding the project requirements.

Attending this conference is not a condition of submitting a bid, but prospective bidders are encouraged to attend.

Prior to and as a condition of submitting a Bid, Bidder must carefully examine the nature, extent, and location(s) of Work to be performed, verify actual conditions and as-built conditions. Failure for Bidder to conduct a site visit prior to submitting a bid will not be considered in change orders or claims.

Bidders are required to submit any questions online via BidNet Direct no later than June 22, 2026 BY 4:00 P.M . Only written inquiries will be permitted. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Each bid must be accompanied by certified or cashier's check, or bidder's bond duly executed by a responsible corporate surety authorized to issue such bonds in the State of California, made payable to the City of Hayward for an amount equal to at least ten (10) percent of the amount bid.

The successful bidder shall furnish a Labor and Materials Bond and a Faithful Performance Bond. Each bond shall be for 110% of the bid amount.

Bidder's attention is directed to Section 6-1, "City of Hayward Non-Discriminatory Employment Practices Provision," of the Special Provisions.

The Contractor may elect to receive 100 percent of payments due under the contract from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Sections 22300 of the Public Contract Code. All expenses of such substitute deposit shall be borne by the Contractor. Securities eligible for investment under the section shall include those listed in Section 16430 of the California Government Code or certificates of deposit of a bank or savings and loan association. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director (Treasurer), whose decision on valuation of the securities shall be final.

ATTACHMENT III

71 Alternatively, upon the Contractor's request, the City will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City, pursuant to the terms in Section 22300 of the Public Contract Code.

Prospective bidders and interested parties may download copies of the bid documents, related attachments and all future communication and correspondences regarding this bid process from BidNet Direct at www.bidnetdirect.com. The City’s current advertised projects on BidNet Direct can be accessed, and bid documents downloaded for FREE, through the City’s website at https://www.hayward-ca.gov/business/doing-business-with-hayward/bidding-construction. The City of Hayward will not be a distribution point for the bid documents. The bid documents may also be reviewed at the various builders exchanges and construction service offices throughout the San Francisco Bay Area.

Project Addendum notifications will be issued through BidNet Direct at www.bidnetdirect.com. BidNet Direct will email notifications to all plan holders.

MIRIAM LENS – City Clerk

ATTACHMENT III

72 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-289
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Contract with Hi-Lite Airfield Services for Pavement Improvements of the Airport Hangar Improvement Project No. 06826 in a Not-To-Exceed Amount of $244,387.10, and Approving $24,438.71 in Administrative Construction Contingencies

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Contract with Hi-Lite Airfield Services for the Airport Hangar Improvement Project No. 06826, in an amount not-to-exceed $244,387.10 and approving $24,438.71 in Administrative Construction Contingencies.

SUMMARY
The Airport Hangar Improvement Project No. 06826 will be used to repair and maintain T-Hangars located at the Hayward Executive Airport. The project will include a seal coat, crack seal, and markings of approximately 265,482 square feet.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2026Page 1 of 1
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73

DATE: August 18, 2026

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Contract with Hi-Lite Airfield Services for Pavement Improvements of the Airport Hangar Improvement Project No. 06826 in a Not-To-Exceed Amount of $244,387.10, and Approving $24,438.71 in Administrative Construction Contingencies

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Contract with Hi-Lite Airfield Services for the Airport Hangar Improvement Project No. 06826, in an amount not -to-exceed $244,387.10 and approving $24,438.71 in Administrative Construction Contingencies.

SUMMARY

The Airport Hangar Improvement Project No. 06826 will be used to repair and maintain T-Hangars located at the Hayward Executive Airport. The project will include a seal coat, crack seal, and markings of approximately 265,482 square feet.

FISCAL IMPACT

There will be no impact on the General Fund or Measure C.

Funding for this work will come from the Airport Capital Fund (621), which is funded by the Airport Enterprise Fund.

BACKGROUND

The Airport Hangar Improvement Project No. 06826 will be used to repair and maintain T-Hangars located at and owned by the Hayward Executive Airport. The project will include a seal coat, crack seal, and markings of approximately 265,482 square feet.

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DISCUSSION

Staff propose utilizing Sourcewell, a cooperative purchasing program that competitively bids construction services with pre -existing unit prices and specifications for general construction services (including materials, equipment, labor costs), to contract with Hi-Lite Airfield Services for the project. Pursuant to California Government Code Section 6500 et seq., public agencies are authorized to enter into joint agreements to exercise shared power, including participating in cooperative purchasing agreements, provided such participation complies with the City’s adopted procurement policies and procedures . Hi-Lite Airfield Services submitted a proposal in the amount of $244,387.10. Additionally, the City is requesting a 10% administrative construction contingency in the amount of $ 24,438.71.

Staff has reviewed this proposal and recommend a contract award not-to-exceed $268,825.81.

ECONOMIC IMPACT

There is no economic impact related to this action.

STRATEGIC ROADMAP

This agenda item supports Strategic Priority to Invest in Infrastructure, specifically Invest in City Facilities and Property.

SUSTAINABILITY FEATURES

This item does not involve any sustainability features.

PUBLIC CONTACT

No public contact was made for this agenda item.

NEXT STEPS

If City C ouncil approves this request, staff will finalize a contract with Hi-Lite Airfield Services for services to be performed. Construction will start in September and last approximately four weeks.

75

Prepared by: Pamela Svrdlin, Airport Operations Supervisor

Reviewed by: Douglas McNeeley, Airport Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________
Jennifer Ott, City Manager
76 ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A CONTRACT WITH HI-LIFE AIRFIELD SERVICES FOR THE

PAVEMENT IMPROVEMENT OF THE AIRPORT HANGAR IMPROVEMENT
PROJECT NO. 06 826, IN AN AMOUNT NOT -TO-EXCEED $244,387.10 AND APPROVING $24,438.71 IN ADMINISTRATIVE CONSTRUCTION

CONTINGENCIES

WHEREAS, the project will be used to repair and maintain the payment around the City owned hangars located at the Hayward Executive Airport; and

WHEREAS, the project will include a seal coat, crack seal, and markings of approximately 265,482 square feet; and

WHEREAS, the City proposes utilizing Sourcewell, a cooperative purchasing program for competitively bid construction services to contract with Hi-Lite Airfield Services for the project; and

WHEREAS, the total project cost is $268,825.81, which includes a 10% administrative construction contingency in an amount of $24,438.71; and

WHEREAS, funding for the project will be from the Airport Capital Fund (Fund 621).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward, that the City Manager is hereby authorized to negotiate and execute an agreement , in a form approved by the City Attorney, with Hi-Lite Airfield Services for repair and maintenance of T-Hangars for a total not-to-exceed amount of $268,825.81.

77 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

78 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-291
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions Approving City Applications to the Alameda County Transportation Commission Comprehensive Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation Commission

RECOMMENDATION
That City Council adopts the attached resolutions authorizing the City to apply for grants to the Alameda County Transportation Commission (Alameda CTC) Comprehensive Investment Plan and authorizing the City Manager to execute funding agreements with Alameda CTC for:

1. The Safe Streets Hayward - Tennyson Corridor Project (Attachment II)

2. The A Street Corridor Signal Interconnect and Advanced Traffic Management System Project (Attachment III)

3. The Safe Routes to School Implementation Project (Attachment IV)

SUMMARY
The Alameda CTC maintains programming and allocation authority for federal, state, regional, and local transportation funding programs. Since 2016, Alameda CTC has consolidated the programming and allocation of the funding sources under its purview into a single document called the Comprehensive Investment Plan (CIP). Every two years, Alameda CTC opens a call for projects for discretionary grants under the CIP, including Measures B and BB, Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA), I-580 Toll Revenues, and the federal One Bay Area Grant Program Cycle 4 (OBAG 4) to improve the county’smultimodal transportation system. This program is typically open to applications every two years. The City is proposing to submit applications for three projects: the Safe Streets Hayward - Tennyson Corridor Project, the Safe Routes to School Implementation Project, and the A Street Corridor Signal Interconnect & Advanced Traffic Management System.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - Tennyson Corridor
CITY OF HAYWARD Printed on 8/14/2026Page 1 of 2
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79 File #:CONS 26-291
Attachment III Resolution - A Street Corridor
Attachment IV Resolution - Safe Routes to School
CITY OF HAYWARD Printed on 8/14/2026Page 2 of 2
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80

DATE: August 18, 2026

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt Resoluti ons Approving City Applications to the Alameda County Transportation Commission Comprehensive Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation Commission

RECOMMENDATION

That City Council adopts the attached resolutions authorizing the City to apply for grants to the Alameda County Transportation Commission (Alameda CTC) Comprehensive Investment Plan and authorizing the City Manager to execute funding agreements with Alameda CTC for:

1. The Safe Streets Hayward – Tennyson Corridor Project (Attachment II)

2. The A Street Corridor Signal Interconnect and Advanced Traffic Management System Project (Attachment III)

3. The Safe Routes to School Implementation Project (Attachment IV)

SUMMARY

The Alameda CTC maintains programming and allocation authority for federal, state, regional, and local transportation funding programs. Since 2016, Alameda CTC has consolidated the programming and allocation of the funding sources under its purview into a single document called the Comprehensive Investment Plan (CIP) . Every two years, Alameda CTC opens a call for projects for discretionary grants under the CIP, including Measures B and BB, Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA), I-580 Toll Revenues, and the federal One Bay Area Grant Program Cycle 4 (OBAG 4) to improve the county’s multimodal transportation system . This program is typically open to applications every two years. The City is proposing to submit applications for three projects: the Safe Streets Hayward – Tennyson Corridor Project, the Safe Routes to School Implementation Project, and the A Street Corridor Signal Interconnect & Advanced Traffic Management System.

81

FISCAL IMPACT

This item does not impact the General Fund or Measure C.

Each application requires the City to provide matching funds equal to at least 25 percent of the total project cost.

• For the Safe Streets Hayward – Tennyson Corridor Project , the City is requesting $3,105,000, requiring a local match of $1,035,000.
• For the A Street Corridor Signal Interconnect & Advanced Traffic Management System (CIP No. 05715) , the City is requesting $3,738,000, requiring a local match of $1,248,000
• For the Safe Routes to School Implementation Project (CIP No. 06941) , the City is requesting $1,000,000, requiring a match of $334,000.

Staff recommends funding the City match with Measure BB Direct Local Distributions via Fund 212 – Measure BB (Local Transportation) and Fund 213 – Measure BB (Pedestrian & Bicycle). Other potential funding sources for the required matching include Fund 450 – Street System Improvement and Fund 210 – Gas Tax.

If these applications are approved by Council, staff will include funding for these projects in the FY 2027-28 Capital Improvement Program update, which coincides with the earliest year of funding available from the Alameda CTC CIP grant program. If Alameda CTC awards these projects at the requested funding levels, any project cost increase would be the responsibility of the City through local funds or other grants.

BACKGROUND

The Alameda CTC maintains programming and allocation authority for federal, state, regional, and local transportation funding programs. Since 2016, Alameda CTC has consolidated the programming and allocation of the fund sources under its purview into a single CIP. Every two years, Alameda CTC opens a call for projects for discretionary grants under the CIP, including Measures B and BB, VRF, and TFCA, I -580 Toll Revenues, and the federal OBAG 4 to improve the county’s multimodal transportation system. A total of $200 million is available across six project categories:

• Bicycle and/or pedestrian capital projects and programs • Complete streets capital and road improvement projects • Transit-related capital projects
• Shuttle and other program operations
• Technology Projects
• Plans

Each city is limited to three applications across these categories. The grant program requires a Resolution of Local Support for each application. New for this cycle, the Alameda CTC CIP 82

Call for Projects also includes a Safe Routes to School Capital Grant Pilot Program, which allows cities to submit a fourth application.

DISCUSSION

The City proposes to submit applications for three projects as part of this call for projects:
the Safe Streets Hayward – Tennyson Corridor Project, the Safe Routes to School Implementation Project, and the A Street Corridor Signal Interconnect & Advanced Traffic Management System. The City’s proposed projects are each in different categories and thus will not compete with each other. Attachments II, III, and IV are the individual Resolutions of Local Support for each project.

The Safe Streets Hayward - Tennyson Corridor Project includes development of Plans, Specifications, and Estimates (PS&E) for the corridor between Patrick Avenue and Whitman Street. The project, developed in partnership with the community, includes a sidewalk-level bike lane, numerous intersection improvements, enhanced pedestrian crossings, and landscaping. This project represents the first step to ward implementing the corridor improvements identified through the City’s High Injury Network planning effort that have been developed over the past year and a half through a Federal Safe Streets for All (SS4A) grant. The City separately applied for construction funding from the current cycle of the Federal SS4A program. Award recommendations for the federal gran t will be announced in late 2026.

The A Street Corridor Signal Interconnect & Advanced Traffic Management System will modernize approximately two miles of traffic signal infrastructure along A Street between Skywest Drive and Watkins Street (Lucky’s Driveway). Upon completion, all 11 intersections along the corridor will be interconnected through a continuous fiber optic network, providing enhanced traffic monitoring, improved incident management, greater operational reliability, and coordinated corridor operations while reducing maintenance needs and improving system resiliency.

The Safe Routes to School Implementation Project builds upon the work the City has performed over the past two years with a grant from the California Air Resources Board.

While the City has developed 100% PS&E for the Safe Routes to School project and has funding in place for partial implementation of t he project, increased labor and materials costs have resulted in a higher Engineer’s Estimate than the initial planning -level estimate, resulting in a need to identify additional funding sources for construction. The Alameda CTC CIP prioritizes projects on the Countywide High Injury Network (HIN), therefore schools with recommendations on the HIN were selected for this grant application as they are likely to be the most competitive.

The attached Resolutions of Local Support include the certifications and assurances required by Alameda CTC as part of the application process. Among other provisions, the resolutions authorize submission of the applications, commit the City to providing the required local matching funds if a grant is awarded, commit to following Alameda CTC’s Local Business 83

Contract Equity (LBCE) procedures, and acknowledge the City’s responsibility for any future cost increases not covered by grant funds.

ECONOMIC IMPACT

These projects are likely to have a positive impact on the local economy. The Tennyson Corridor project supports local economic vitality by making it easier for customers, employees, and residents to safely reach businesses, jobs, and the South Hayward BAR T station using a variety of transportation options. A Street serves as a key gateway to Downtown, and its congestion relief measures will improve access to local businesses.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of “Invest in Infrastructur e.” The relevant actions under “Invest in Multi-Modal Transportation” are:
• N1: Continue to implement major corridor traffic calming initiatives • N4: Implement Safe Routes to School
• N6: Continue to add approximately 10 miles of bike lanes annually

SUSTAINABILITY FEATURES

These grant applications will advance implementation of safety improvements on several streets that will benefit people walking, bicycling, and taking transit, potentially facilitating increased use of these modes of transportation. The Safe Streets Hayward – Tennyson Corridor project would fulfill a top priority of the City’s 2020 Bicycle and Pedestrian Master Plan. All three projects are consistent with the City’s 2023 Local Road Safety Plan.

PUBLIC CONTACT

Public engagement played a central role in the development of the preferred corridor concept for Tennyson R oad, including two rounds of outreach during the project planning phase. The project team engaged with over 2,000 individuals through pop -up events, community workshops, community canvassing, and online and paper surveys. Among the options presented for the Tennyson Road corridor, this project will advance the alternative that the community supported most broadly.

The A Street project focuses on technological tools, and community engagement was not a substantial component of project development . However, City Council supported a similar (unsuccessful) application to a previous cycle of the Alameda CTC CIP.

The projects recommended in the Safe Routes to School Implementation Project were developed through meetings with school officials, stakeholders, parent champions, and engineering consultants. The City further provided handouts with concept designs to school parents in May 2025. HUSD and school administrators have provided letters of support to the City’s application.
84

NEXT STEPS

Approval of the Resolutions of Local Support for these projects will authorize submission of the City’s applications for Alameda CTC CIP funding. Award announcements are expected in May, 2027. If any resolution is not approved, the City would withdraw the corresponding grant application.

Prepared by: Lucas Woodward, Senior Transportation Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________
Jennifer Ott, City Manager
85 ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

ALAMEDA COUNTY TRANSPORTATION COMMISSION ADMINISTERED
FUNDING FOR THE SAFE STREETS HAYWARD – TENNYSON CORRIDOR

PROJECT AND COMMITTING ANY NECESSARY MATCHING FUNDS AND

STATING ASSURANCES TO COMPLETE THE PROJECT

WHEREAS, the Alameda County Transportation Commission (Alameda CTC) administers funding programs for project and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration fee (VRF), 2014 Measure BB, I -580 T oll Revenues, Congestion Management Agency Transportation Improvement Program (CMA -TIP) and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”); and

WHEREAS, the Alameda CTC adopted 2028 Comprehensive Investment Plan (CIP) Guidelines at its Commission meeting on May 28, 2026, which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of Alameda CTC Administered Funds; and

WHEREAS, the City of Hayward (the Applicant) is the project sponsor for the Safe Streets Hayward – Tennyson Corridor Project (the Project); and

WHEREAS, the Project will develop Plans, Specifications, and Estimates for the Tennyson Rd corridor between Patrick Avenue and Whitman Street , including a separated bike lane, intersection improvements, safer pedestrian crossings, and landscaping; and

WHEREAS, as the Project Sponsor, the Applicant has the legal authority to apply for funding for the Project and plans to submit a 2028 CIP application to Alameda CTC for $3,105,000; and

WHEREAS, there are no legal impediments to the Applicant applying for funding and there is not active, pending, or threatened litigation that may adversely affect the proposed Project or the ability of the Applicant to deliver such a Project; and

WHEREAS, the Applicant authorizes its City Manager or designee to execute and file an application with Alameda CTC for discretionary Alameda CTC Administered Funds for the Project as referenced in this resolution; and

86 ATTACHMENT II

WHEREAS, as part of the requirements to apply for and receive Alameda CTC Administered Funds, Alameda CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (Agreement) with Alameda CT C and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting, and deliverable deadlines; and

4. Applicant is committed to deliver the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant is committed to secure matching funds as proposed in the Application required for awarded Alameda CTC Administered Funds, by phase; and

6. Applicant is committed to provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between the Applicant and Alameda CTC; and

9. Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (LBCE) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goals and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW THEREFORE, BE IT RESOLVED, that the City of Hayward is authorized to file an Application to Alameda CTC for funding the Project; and

BE IT FURTHER RESOLVED , that th e Applicant hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Applicant’s ability to implement and deliver the proposed Project; and

BE IT FURTHER RESOLVED , that the Applicant authorizes its City Manager or designee to execute the funding Agreement with Alameda CTC; and

87 ATTACHMENT II

BE IT FURTHER RESOLVED , that Applicant shall provide Alameda CTC with a fully - executed copy of this Resolution upon submittal of the Application; and

BE IT FURTHER RESOLVED, that the City Council of the City of Hayward, by adopting this resolution, hereby confirms that:

1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (Agreement) with Alameda CT C and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting, and deliverable deadlines; and

4. Applicant commits to delivering the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant will commit matching funds as proposed in the Application against the awarded Alameda CTC Administered Funds by phase in the amount of $1,035,000, anticipated to be from regional sources; and

6. Applicant will provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between the Applicant and Alameda CTC; and

9. The Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (LBCE) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goals and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

88 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

89 ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

ALAMEDA COUNTY TRANSPORTATION COMMISSION ADMINISTERED

FUNDING FOR THE A STREET COR RIDOR SIGNAL INTERCONNECT AND

ADVANCED TRAFFIC MANAGEMENT SYSTEM PROJECT AND COMMITTING

ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO

COMPLETE THE PROJECT

WHEREAS, the Alameda County Transportation Commission (Alameda CTC) administers funding programs for project and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration fee (VRF), 2014 Measure BB, I -580 T oll Revenues, Congestion Management Agency Transportation Improvement Program (CMA -TIP) and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”); and

WHEREAS, the Alameda CTC adopted 2028 Comprehensive Investment Plan (CIP) Guidelines at its Commission meeting on May 28, 2026, which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of Alameda CTC Administered Funds; and

WHEREAS, the City of Hayward (the Applicant) is the project sponsor for the a Street Corridor Signal Interconnect and Advanced Traffic Management System Project (the Project); and

WHEREAS, the Project will modernize approximately two miles of traffic signal infrastructure along A Street between Skywest Drive and Watkins Street , providing enhanced traffic monitoring, improved incident management, greater operational reliability, and coordinated corridor operations; and

WHEREAS, as the Project Sponsor, the Applicant has the legal authority to apply for funding for the Project and plans to submit a 2028 CIP application to Alameda CTC for $3,738,000; and

WHEREAS, there are no legal impediments to the Applicant applying for funding and there is not active, pending, or threatened litigation that may adversely affect the proposed Project or the ability of the Applicant to deliver such a Project; and

90 ATTACHMENT III

WHEREAS, the Applicant authorizes its City Manager or designee to execute and file an application with Alameda CTC for discretionary Alameda CTC Administered Funds for the Project as referenced in this resolution; and

WHEREAS, as part of the requirements to apply for and receive Alameda CTC Administered Funds, Alameda CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (Agreement) with Alameda CT C and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting, and deliverable deadlines; and

4. Applicant is committed to deliver the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant is committed to secure matching funds as proposed in the Application required for awarded Alameda CTC Administered Funds, by phase; and

6. Applicant is committed to provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between the Applicant and Alameda CTC; and

9. Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (LBCE) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goals and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW THEREFORE, BE IT RESOLVED, that the City of Hayward is authorized to file an Application to Alameda CTC for funding the Project; and

BE IT FURTHER RESOLVED, that th e Applicant hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Applicant’s ability to implement and deliver the proposed Project; and

91 ATTACHMENT III

BE IT FURTHER RESOLVED, that the Applicant authorizes its City Manager or designee to execute the funding Agreement with Alameda CTC; and

BE IT FURTHER RESOLVED, that Applicant shall provide Alameda CTC with a fully - executed copy of this Resolution upon submittal of the Application; and

BE IT FURTHER RESOLVED that the City Council of the City of Hayward, by adopting this resolution, hereby confirms that:

1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (Agreement) with Alameda CT C and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting, and deliverable deadlines; and

4. Applicant commits to delivering the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant will commit matching funds as proposed in the Application against the awarded Alameda CTC Administered Funds by phase in the amount of $1,246,000, anticipated to be from regional sources; and

6. Applicant will provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between the Applicant and Alameda CTC; and

9. The Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (LBCE) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goals and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

92 ATTACHMENT III

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

93 ATTACHMENT IV

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

ALAMEDA COUNTY TRANSPORTATION COMMISSION ADMINISTERED

FUNDING FOR THE SAFE ROUTES TO SCHOOL IMPLEMENTATION PROJECT

AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCES TO COMPLETE THE PROJECT

WHEREAS, the Alameda County Transportation Commission (Alameda CTC) administers funding programs for project and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration fee (VRF), 2014 Measure BB, I -580 T oll Revenues, Congestion Management Agency Transportation Improvement Program (CMA -TIP) and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”); and

WHEREAS, the Alameda CTC adopted 2028 Comprehensive Investment Plan (CIP) Guidelines at its Commission meeting on May 28, 2026, which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of Alameda CTC Administered Funds; and

WHEREAS, the City of Hayward (the Applicant) is the project sponsor for the Safe Routes to School Project (the Project); and

WHEREAS, the Project will construct pedestrian safety infrastructure at four school communities throughout the City, including controlled mid-block crossings, curb extensions, high-visibility crosswalks, and signage improvements; and

WHEREAS, as the Project Sponsor, the Applicant has the legal authority to apply for funding for the Project and plans to submit a 2028 CIP application to Alameda CTC for $1,000,000; and

WHEREAS, there are no legal impediments to the Applicant applying for funding and there is not active, pending, or threatened litigation that may adversely affect the proposed Project or the ability of the Applicant to deliver such a Project; and

WHEREAS, the Applicant authorizes its City Manager or designee to execute and file an application with Alameda CTC for discretionary Alameda CTC Administered Funds for the Project as referenced in this resolution; and

94 ATTACHMENT IV

WHEREAS, as part of the requirements to apply for and receive Alameda CTC Administered Funds, Alameda CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (Agreement) with Alameda CT C and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting, and deliverable deadlines; and

4. Applicant is committed to deliver the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant is committed to secure matching funds as proposed in the Application required for awarded Alameda CTC Administered Funds, by phase; and

6. Applicant is committed to provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between the Applicant and Alameda CTC; and

9. Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (LBCE) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goals and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW THEREFORE, BE IT RESOLVED, that the City of Hayward is authorized to file an Application to Alameda CTC for funding the Project; and

BE IT FURTHER RESOLVED , that th e Applicant hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Applicant’s ability to implement and deliver the proposed Project; and

BE IT FURTHER RESOLVED , that the Applicant authorizes its City Manager or designee to execute the funding Agreement with Alameda CTC; and

95 ATTACHMENT IV

BE IT FURTHER RESOLVED, that Applicant shall provide Alameda CTC with a fully - executed copy of this Resolution upon submittal of the Application; and

BE IT FURTHER RESOLVED that the City Council of the City of Hayward, by adopting this resolution, hereby confirms that:

1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (Agreement) with Alameda CTc and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting, and deliverable deadlines; and

4. Applicant commits to delivering the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant will commit matching funds as proposed in the Application against the awarded Alameda CTC Administered Funds by phase in the amount of $ 334,000, anticipated to be from regional sources; and

6. Applicant will provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between the Applicant and Alameda CTC; and

9. The Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (LBCE) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goals and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

96 ATTACHMENT IV

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

97 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-293
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Addendum No. 1, Awarding a Construction Contract to QLM, Inc., for the Fiscal Year 2026 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05348 in the Amount of $823,397, and Approving $100,000 in Administrative Construction Contingencies

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) approving Addendum 1, awarding a construction contract to the low bidder, QLM, Inc., of San Jose, in the amount of $823,397 for the FY26 Sidewalk Rehabilitation and Wheelchair Ramps Project in Districts 1 and 8, and approving $100,000 in administrative construction contingencies.

SUMMARY
On July 7th, 2026, the City received nine (9) bids for the project ranging from $823,397 to $1,219,000.

QLM, Inc., of San Jose submitted the lowest bid of $823,397, which is 3.6% lower than the Engineer’s Estimate of $854,000. Spektren Engineering, Inc., of Gilroy submitted the second lowest bid in the amount of $886,487, which is 3.8% above the Engineer’s Estimate. Staff are recommending that a construction contract be awarded to QLM, Inc., in the amount of $823,397.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III District Map
CITY OF HAYWARD Printed on 8/14/2026Page 1 of 1
powered by Legistar™
98

DATE: August 18, 2026

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Approving Addendum No. 1, Awarding a Construction Contract to QLM, Inc., for the Fiscal Year 20 26 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 0534 8 in the Amount of $ 823,397, and Approving $100,000 in Administrative Construction Contingencies

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) approving Addendum 1, awarding a construction contract to the low bidder, QLM, Inc., of San Jose, in the amount o f $823,397 for the FY2 6 Sidewalk Rehabilitation and Wheelchair Ramps Project in Districts 1 and 8, and approving $100,000 in administrative construction contingencies.

SUMMARY

On July 7th, 2026, the City received nine (9) bids for the project ranging from $ 823,397 to $1,219,000. QLM, Inc., of San Jose submitted the lowest bid of $823,397, which is 3.6% lower than the Engineer’s Estimate of $854,000. Spektren Engineering, Inc., of Gilroy submitted the second lowest bid in the amount of $ 886,487, which is 3.8% above the Engineer’s Estimate.

Staff are recommending that a construction contract be awarded to QLM, Inc., in the amount of $823,397.

FISCAL IMPACT

This item does not impact the General Fund or Measure C.

The adopted FY27 Capital Improvement Program (CIP) includes an original budget of $1,000,000 for the FY26 Sidewalk Rehabilitation and Wheelchair Ramps Project, Project No. 05348, in the Street System Improvements Fund (Fund 450). An additional $154,000 is available as part of the $600,000 award of Transportation Development Act (TDA) Article 3 Funding through the Metropolitan Transportation Commission, as approved at the June 2, 2026, City Council meeting. Reimbursement from property owners for the sidewalk rehabilitation is estimated to be approximately $100,000.

99

The breakdown for the project costs is as follows:

Contract Construction $823,397
Trip Hazard Removal (under a separate contract) $40,000 Design and Administration $90,000
Construction Survey, Inspection, and Testing $100,603
Administrative Change Orders $100,000
TOTAL $1,154,000

The revised funding source are as follows:

Street System Improvements Fund (Fund 450) $1,000,000
Gas Tax Fund (Fund 210) $154,000
TOTAL $1,154,000

BACKGROUND

When the Sidewalk Rehabilitation Program (Program) was initiated, the City was divided into ten districts (Attachment III) to facilitate the selection of sidewalk areas for repairs over a ten- year cycle. Although significant progress was made during th e previous cycles, funding was inadequate to complete all the necessary sidewalk repairs in all ten districts. Because there has been significant progress on addressing repair backlogs, recent projects have included two districts. This year, the work will be performed in Districts 1 and 8.

The Program consists of two components; each is performed under a separate construction contract. The first component of the Sidewalk Rehabilitation Program, beginning in January 2027, will remove tripping hazards from sidewalk displacements or offsets up to 1¾ inches.

These hazards are removed by saw cutting or grinding each uplifted sidewalk panel across the width of the sidewalk to produce a smooth and unifo rm surface that meets Americans with Disabilities Act (ADA) slope requirements. Grinding or saw cutting up to 1¾ inches from a short segment of the typical 4” thick sidewalk section is less expensive and more cost effective than the removal and replacement of an entire sidewalk section.

The second component, which is the subject of this report, removes and replaces all sidewalk displacements exceeding 1¾ inches with new concrete. In addition, it includes the repair of offset or raised concrete curb and gutter, tree trimming, root pruning of existing trees, and planting of new trees. In order to minimize damage to City street trees and evaluate the health of any trees that may be impacted by the project, the contractor is required to retain an arborist to examine each street tree adjacent to the work and inspect any root pruning that is part of the project.

DISCUSSION

This year’s Project will repair damaged sidewalks in the Downtown Area (District 1) and the Sleepy Hollow Area (District 8). The project includes repair of approximately 16,000 square feet of damaged sidewalk, curb, and gutters, installation of 21 new or upgraded wheelchair ramps in 100

various locations, tree trimming, root pruning of existing trees, and planting of new trees. As part of the project, the contractor will retain an arborist to examine the condition of existing trees and inspect all root -pruning work. Based on the prelimina ry inspection, staff anticipate removing 21 trees and planting 27 new trees in various locations. New trees will be planted where street trees are absent, where an existing tree must be removed due to disease or risk of falling, where extensive root pruning may compromise tree health, or where a more suitable tree species will minimize future maintenance efforts. Twenty-one new wheelchair ramps will also be installed or upgraded to bring wheelchair ramps into compliance with current ADA standards.

After the release of the call for bids, a n addendum was issued on July 1st, 2026. The addendum included additional work to construct bus boarding islands, pedestrian refuge islands, and eight curb ramps to improve safety and accessibility for people walking and biking. These elements are funded through a portion of a TDA Article 3 Funding request that City Council approved on June 2nd, 2026, and are estimated to cost $154,000.

On July 7, 2026, nine (9) bids were received. The bids ranged from $ 823,397 to $1,219,000. The low bid was from QLM Inc. of San Jose in the amount of $ 823,397, which is 3.6% lower than the Engineer’s Estimate of $854,000. Spektren Engineering, Inc., of Gilroy submitted the second lowest bid in the amount of $886,487 which is 3.8% above the Engineer’s Estimate.

All bid documents and licenses are in order. Staff recommends award of a construction contract to the lowest responsive bidder, QLM, Inc., of San Jose, in the amount of $823,397.

On November 15, 2016 1, the Council approved a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applied to City projects with construction costs of $1,000,000 or more. This agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for the FY2 6 Sidewalk Rehabilitation Project is less than $1,000,000, the CWA agreement does not apply to this project.

This project is categorically exempt for environmental review under the California Environmental Quality Act, Section 15301(c) that covers the operation, repair, maintenance or minor alteration of existing streets, sidewalks, and gutters.

ECONOMIC IMPACT

The project will have a positive impact on the community as it provides safer and more accessible sidewalks and ramps for pedestrians. Dividing the City into 10 districts allows staff to select and recommend districts to ensure the equitable distribution of this service to all City residents and businesses.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap priority to Invest in Infrastructure. It aligns

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search= 101

with the implementation of the Invest in Multi -Modal Transportation goal by improving pedestrian mobility, which is a key component of a multi-modal network.

SUSTAINABILITY FEATURES

This project requires that all material generated during demolition and construction be sent to designated facilities for recycling. Recycled Portland Cement Concrete will be required for use as aggregate base for the concrete curb, gutter, and sidewalk. The improvements made to the sidewalks will encourage the public to walk more as opposed to driving their vehicles. This reduces both carbon emissions and carbon footprints, which is beneficial for the environment.

PUBLIC CONTACT

Owners of the affected properties have received certified letters regarding the Program. A response form was included with the notice to indicate whether property owners of single- family homes will complete the repairs themselves or pay $550 to be included in this project. Property owners have the option of paying the $550 in one lump sum or in twelve monthly installments. The response form also includes a list of trees from which owners may select a replacement tree. Before construction commences, a second notice will be sent to all property owners who did not respond to e nsure they are aware of the Program and their available options.

Commercial property owners are responsible for bearing the full cost of construction for repairs adjacent to their properties. Commercial property owners will also be notified of the sidewalk damage fronting their properties and will be given the option of having the repairs completed by the City's hired contractor or completing the repairs themselves.

NEXT STEPS

The estimated schedule for this project is as follows:

Begin Construction September 29, 2026
Complete Construction December 28, 2026

102

Prepared by: Mir Ali, Assistant Civil Engineer

Reviewed by: Dave Hung, Acting Deputy Director of Public Works - Engineering

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________
Jennifer Ott, City Manager
103

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION APPROVING ADDENDUM NO. 1, AWARDING A CONSTRUCTION CONTRACT TO QLM, INC., FOR THE F ISCAL YEAR 20 26 SIDEWALK REHABILITATION AND WHEELCHAIR RAMPS PROJECT, PROJECT NO. 05348 IN THE AMOUNT OF $823,397, AND APPROVING $100,000 IN

ADMINISTRATIVE CONSTRUCTION CONTINGENCIES

WHEREAS, by Resolution No. 26-085 on June 02, 2026, the City Council approved the plans and specifications for the Sidewalk Rehabilitation FY2 6, Project No. 053 48 and called for bids to be received on July 07, 2026; and

WHEREAS, Addendum No. 1 was issued to include additional work to construct bus boarding islands, pedestrian refuge islands, and eight curb ramps to improve safety and accessibility for people walking and biking; and

WHEREAS, on July 07 , 2026, nine bids were received ranging from $ 823,397 to $1,219,000. QLM, Inc., of San Jose , California, submitted the lowest bid in the amount of $823,397, which is 3.6% lower than the Engineer’s Estimate of $854,000.

NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Hayward that Addendum No. 1 is hereby approved and adopted as part of the plans and specifications for the project.

BE IT FURTHER RESOLVED, by the City Council of the City of Hayward that QLM, Inc., is the lowest responsible bidder whose bid complies with the specifications and is hereby awarded the construction contract for the Sidewalk Rehabilitation and Wheelchair Ramps FY26, Project No. 05348, for the amount of $823,397 in accordance with the aforementioned plans and specifications on file in the Office of the City Clerk of the City of Hayward. All other bids are hereby rejected.

BE IT FURTHER RESOLVED , by the City Council of the City of Hayward that the Director of Public Works is authorized to expend up to $ 1,154,000 for project design, construction, project administration, and contingency costs to complete the project and Administration Change Order (ACO) budget of $100,000.

104

ATTACHMENT II

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to execute the contract with QLM, Inc., in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA , 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
106

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-294
DATE: August 18, 2026
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt an Ordinance of the City Council of the City of Hayward Amending Sections 2-3.90, et seq., of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the Action is Exempt from CEQA Review

RECOMMENDATION
That the City Council adopts the Ordinance introduced on June 16, 2026.

SUMMARY
This item entails the adoption of an Ordinance approving an amendment to the Hayward Municipal Code Chapter 2, Article 3, Section 2-3.90, relating to the Community Services Commission. The Ordinance was introduced on June 16, 2026, by Council Member Bonilla Jr.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Published Ordinance
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DATE: August 18, 2026

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt an Ordinance of the City Council of the City of Hayward Amending Sections 2 -3.90, et seq., of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the Action is Exempt from CEQA Review

RECOMMENDATION

That the City Council adopts the Ordinance introduced on June 16, 2026.

SUMMARY

This item entails the adoption of an Ordinance approving an amendment to the Hayward Municipal Code Chapter 2, Article 3, Section 90, relating to the Community Services Commission. The Ordinance was introduced on June 16, 2026, by Council Member Bonilla Jr.

FISCAL IMPACT

There is no fiscal impact associated with this report.

BACKGROUND

The Ordinance was introduced by Council Member Bonilla Jr., at the Jue 16, 2026, meeting of the City Council with the following vote:

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

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STRATEGIC ROADMAP

The agenda item is a routine operational item
.

PUBLIC CONTACT

The summary of the Ordinance (Attachment II) was published in the Daily Review c/o Bay Area News Group -East Bay on Friday, August 14 , 202 6. Adoption, at this time , is therefore appropriate.

NEXT STEPS

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

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

_____________________________
Jennifer Ott, City Manager

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PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE

CITY COUNCIL OF THE CITY OF HAYWARD

SUMMARY OF ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAYWARD AMENDING SECTIONS 2-3.90, ET SEQ., OF THE HAYWARD MUNICIPAL CODE, RELATING TO THE COMMUNITY SERVICES COMMISSION; AND FINDING THAT THE ACTION IS EXEMPT FROM CEQA REVIEW

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

Section 1. Section 2-3.90, et seq. of the Hayward Municipal Code is amended to read in full as follows:

COMMUNITY SERVICES COMMISSION

SEC. 2-3.90 POLICY.

SEC. 2-3.91 COMMUNITY SERVICES COMMISSION MEMBERS.

SEC. 2-3.92 THE COMMUNITY SERVICES DIVISION.

SEC. 2-3.93 POWERS AND DUTIES.

Section 2. California Environmental Quality Act. Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act (“CEQA”), under Public Resource Code Section 21065 and CEQA Guidelines Section 15320, 15378, and 15061(b) (3) as there is no possibility that such action would cause either a direct, or reasonably foreseeable indirect, physical change in the environment.

Section 3. If any section, subsection, paragraph, or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid, or beyond the authority of the City of Hayward by a court of competent jurisdiction, such a decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

Section 4. The effective date of this Article shall be thirty (30) days after its adoption by the City Council.

Introduced at a meeting of the City Council of the City of Hayward, held on the 16 th day of June 2026, by Council Member Bonilla Jr.

ATTACHMENT II
110

This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on the 18 th day of August 2026, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583- 4400.

Dated: August 14, 2026
Miriam Lens, City Clerk
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 26-299
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Addendums No. 1 and No. 2, Authorizing the City Manager to 1) Award a Contract to Corcus Construction, Inc., in an Amount of $1,262,240 and Approve $126,224 in Administrative Construction Contingency, and 2) Amend the Existing Professional Services Agreement with HydroScience Engineers, Inc., to Increase the Contract Amount by $44,203; and 3) Appropriate Additional Funds in the Amount of $471,275 for the Water Resource Recovery Facility Effluent Return Pump Station Project, Project No. 07806

RECOMMENDATION
That City Council adopts the attached resolution (Attachment II):

1. Approving Addendums No. 1 and No. 2, which were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions for the Water Resource Recovery Facility (WRRF) Effluent Channel Return Pump Station Project, Project No. 07806; and

2. Authorizing the City Manager to award a construction contract to Corcus Construction, Inc., for the WRRF Effluent Channel Return Pump Station Project, Project No. 07806, in an amount of $1,262,240 and approving $126,224 in administrative construction contingency; and

3. Authorizing the City Manager to amend the Professional Services Agreement (PSA) with HydroScience Engineers Inc. (HydroScience), to include engineering services during construction, increasing the contract amount by $44,203 to a not-to-exceed limit of $142,811; and

4. Appropriating additional funds in the amount of $471,275 from the Sewer System Replacement Fund (Fund 611) and Sewer System Improvement Fund (Fund 612).

SUMMARY
The City of Hayward WRRF treats an average of 11 million gallons per day (MGD) and complies with all current effluent discharge regulations. During storm events, excess treated wastewater is temporarily stored in on-site ponds until it can be returned to the effluent channel for discharge into the San Francisco Bay. To improve wet-weather operations and restore storage capacity more quickly, a new return pumping station at Pond 4 has been designed to increase pumping capacity from 1 MGD to 3 MGD.

On July 21, 2026, Four (4) bids were received. Corcus Construction submitted the lowest bid amount of $1,262,240, which is approximately 6% above the Engineer’sEstimate of $1,190,000. Staff are requesting CITY OF HAYWARD Printed on 8/14/2026Page 1 of 2
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File #:CONS 26-299
$1,262,240, which is approximately 6% above the Engineer’sEstimate of $1,190,000. Staff are requesting City Council’s approval of Addendum No. 1 and No. 2, which provided minor revisions to clarify the specifications and plans, and awarding the construction contract to the lowest responsible bidder, Corcus Construction, Inc, in the amount of $1,262,240 and, and approving $126,224 in administrative construction contingency (change orders).

HydroScience has performed design and bidding services for the WRRF Effluent Channel Return Pump Station Project. Staff are requesting City Council approval to amend the PSA with Hydroscience to include engineering services during construction.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: August 18, 2026

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Approving Addendums No. 1 and No. 2 and Authorizing the City Manager to 1) Award a Contract to Corcus Construction, Inc ., in an Amount not to exceed $1,262,240 and Approve $ 126,224 in Administrative Construction Contingency , and 2) Amend the Existing Professional Service s Agreement with HydroScience Engineers, Inc. , to Increase the Contract Amount by $ 44,203; and 3) Appropriate Additional Funds in the Amount of $471,275 for the Water Resource Recovery Facility Effluent Return Pump Station Project, Project No. 07806

RECOMMENDATION

That City Council adopts the attached resolution (Attachment II):

1. Approving Addendums No. 1 and No. 2, which were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions for the Water Resource Recovery Facility (WRRF) Effluent Channel Return Pump Station Project, Project No. 07806; and

2. Authorizing the City Manager to award a construction contract to Corcus Construction, Inc. , for the WRRF Effluent Channel Return Pump Station Project , Project No. 07806, in an amount of $1,262,240 and approving $ 126,224 in administrative construction contingency; and

3. Authorizing the City Manager to amend the Professional Services Agreement (PSA) with Hydro Science Engineers Inc. (HydroScience), to include engineering services during construction, increasing the contract amount by $44,203 to a not -to-exceed limit of $142,811; and

4. Appropriating additional funds in the amount of $471,275 from the Sewer System Replacement Fund (Fund 611) and Sewer System Improvement Fund (Fund 612).

SUMMARY

The City of Hayward WRRF treats an average of 11 million gallons per day (MGD) and complies with all current effluent discharge regulations. During storm events, excess treated wastewater is temporarily stored in on -site ponds until it can be returned to the effluent channel for discharge into the San Francisco Bay . To improve wet -weather operations and 114

restore storage capacity more quickly, a new return pumping station at Pond 4 has been designed to increase pumping capacity from 1 MGD to 3 MGD.

On July 21, 2026, Four (4) bids were received. Corcus Construction submitted the lowest bid amount of $ 1,262,240, which is approximately 6% above the Engineer’s Estimate of $1,190,000. Staff are requesting City Council’s approval of Addendum No. 1 and No. 2, which provided minor revisions to clarify the specifications and plans, awarding the construction contract to the lowest responsible bidder, Corcus Construction, Inc, in the amount o f $1,262,240, and approving $ 126,224 in administrative construction contingency (change orders).

HydroScience has performed design and bidding services for the WRRF Effluent Channel Return Pump Station Project. Staff are requesting City Council approval to amend the PSA with Hydroscience to include engineering services during construction.

FISCAL IMPACT

This item does not impact the General Fund or Measure C.

The WRRF Effluent Channel Return Pump Project is fully funded by wastewater enterprise funds. The Adopted FY 2027 Capital Improvement Program (CIP) includes funding for the Project in the Sewer Replacement Fund (Fund 61 1) and Sewer Improvement Fund (Fund 612), shown in Table 1 below.

Table 1
Fund Project
No.

Description Budget
611 07806 WRRF Effluent Channel Return Pump
Station Project
$580,000
612 07806 WRRF Effluent Channel Return Pump
Station Project
$580,000
Total $1,160,000

The estimated project costs are as follows:

Total Project Cost
Engineering Services (Consultant) $98,608
Engineering Services During Construction (Consultant) $44,203 Construction Contract $1,262,240
Construction Contingency (10% of Construction Contract) $126,224 Administration and Inspection - City Staff $100,000
Total $1,631,275

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The total anticipated project cost is currently higher than the estimate included in the adopted CIP due to refinements that were made during the design process and bids that came in slightly higher than originally anticipated . Staff requests that an additional amount of $471,275 be appropriated to cover these costs. There are sufficient fund balances in both Sewer Replacement Fund (Fund 611) and Sewer Improvement Fund (Fund 612).

BACKGROUND

At the western end of the WRRF, the City used to operate seven oxidation ponds. Two of the ponds have been filled, and the remaining five no longer function as active oxidation ponds.

The remaining ponds currently function as storage facilities for treated wastewater.

The City is a member of the East Bay Dischargers Authority (EBDA), a joint powers authority that operates a common sewer outfall shared by several other sewer agencies. Under the latest version of EBDA’s Joint Powers Agreement, the City is permitted to discharge no greater than 15 MGD to EBDA’s pipeline. During the dry season and most of the rainy season, this is sufficient for discharging all of Hayward’s wastewater. However, during major storm events, flows exceeding 15 MGD are diverted to the former oxidation ponds for temporary storage. As treatment and discharge capacity becomes available, the stored water is pumped back to the channel, restoring available storage capacity in the ponds for future storm events.

The current total pumping capacity of 1.0 MGD has been demonstrated to be insufficient for drawing down the pond water level between major storm events. In January of 2023, the former oxidation ponds came close to overtopping.

To improve system resiliency, increase wet -weather pumping capacity, and enhance the facility’s preparedness for future storm events, an upgrade to the pump station is proposed.

The project includes larger-diameter piping and a new pump platform to accommodate the new equipment and associated instrumentation, as well as a new 3MGD pump with a second backup 3MGD pump. The system will include variable frequency drives (VFDs) for adjustable pumping rates. The existing spare buckets in the motor control center (MCC) in the chlorination building will be utilized for new pump breakers, while the VFDs will be installed locally near the pumps. The new pumping system will also be integrated into the plant’s Supervisory Control and Data Acquisition (SCADA) system to improve monitoring and operational control.

DISCUSSION

On June 16, 20261, Council approved the plans and specifications and the use of certain sole source products for the project and authorized the call for bids.

On July 21, 2026, the City received four (4) bids for the project ranging from $1,262,240 to $1,494,483. Corcus Construction submitted the lowest bid in the amount of $ 1,262,240, which is approximately 6% above the Engineer’s Estimate of $1,190,000. The average of the

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=8070853&GUID=83FF6AED-181D-4389-BBDC- 919E75DC5132&Options=ID|Text|&Search=7806
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four (4) bids received was $1,321,378, which is approximately 11% above the Engineer’s estimate. An additional $ 126,224 (or 10% of the contract amount) is included for potential administrative construction contingency in the event additional funds are needed for unforeseen conditions and changes during construction.

This project currently has an adopted CIP budget of $1,160,000. This budget is based on an estimate that was prepared in 2023. Several aspects of the project have changed since that time - primarily to enhance operability for WRRF staff and to improve effluent quality - that have increased th e total CIP cost to $1,631,275. Some key changes since the original 2023 estimate include:
• A floating intake structure has been added to the project that will allow the pumps to return surface water from the former oxidation ponds to the effluent channel. Surface water has less total suspended solids than water from the bottom of the ponds, which represents an improvement over other intake alternatives as well as existing operations.
• Variable frequency drives have been added to the pumps, which will allow for more gradual stop and start of the pumps, and for reducing flows when appropriate for operational needs. This improves operability and reduces energy use. • The outlet structure to the effluent channel was modified during design to include several outlet points distributed across the surface of the effluent channel. This revision minimizes the risk of turbulence kicking up sediment in the effluent channel.

It will also reduce the rate of buildup of surface scum in the effluent channel, ultimately reducing odors, improving effluent quality, and reducing the need for plant staff to do weekend “channel flushes.”
• Construction cost escalation has been substantial since 2023.

This project is categorically exempt from environmental review from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15301, Class 1 – Existing Facilities.

The original agreement with HydroScience did not go through a formal Request for Proposal process, as the original agreement was under $100,000 and it was anticipated that the total design fee would remain below $100,000 . As the project progressed, however, additional design effort was required to incorporate improvements that enhance water quality and facility operations, including a floating intake system and modifications to reduce the accumulation of the sludge blanket in the effluent channel. As a result, the consultant's total fee will now increase beyond $100,000. The original contract amount was $74,778. This was amended in August of 2026 for an additional $23,830 for bid phase services and to accommodate design enhancement, bringing the total contract amount to $98,608. Staff have identified that additional engineering services during construction is essential to continue the project. Staff are requesting that this contract be amended to include an additional $44,203, bringing the total contract amount to $142,811.

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STRATEGIC ROADMAP

While this agenda item is not associated with a specific project identified in the Strategic Roadmap, it supports the Invest in Infrastructure priority, specifically:
• Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers

SUSTAINABILITY FEATURES

Replacing the aging, low -capacity pumping system with a modern 3 MGD system will improve the WRRF's reliability, resilience, and wet -weather operations. The upgrade will reduce the risk of equipment failure and pond overtopping, restore storage capacity mo re quickly after storms, improve energy efficiency through VFDs, and support regulatory compliance while protecting surrounding environmental resources. This upgrade may also be used to support enhanced wastewater treatment using constructed wetlands.

PUBLIC CONTACT

Because of the location and size of the project, it does not impose any public impact. Project information is publicly available on the city website’s CIP online budget book2.

NEXT STEPS

The following schedule has been developed for this project:

Award Construction Contract August 18, 2026
Notice to Proceed September 2026
Project Completion Summer 2027

Prepared by: Kevin Kaveh, Assistant Civil Engineer
Reviewed by Kyle Carbert, Principal Utilities Engineer
Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________
Jennifer Ott, City Manager

2 https://www.hayward-ca.gov/your-government/documents/capital-improvement-program 118

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION APPROVING ADDENDUMS NO.1 AND NO.2 TO THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY MANAGER TO 1) AWARD A CONTRACT TO CORCUS CONSTRUCTION, INC. , IN AN AMOUNT NOT TO EXCEED $1,262,240 AND APPROVE $126,224 IN ADMINISTRATIVE CONSTRUCTION CONTINGENCY , AND 2) AMEND ING THE EXISTING

PROFESSIONAL SERVICES AGREEMENT WITH HYDROSCIENCE ENGINEERS , INC., TO INCREASE THE CONTRACT AMOUNT BY $ 44,203, AND 3) APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $ 471,275 FOR

THE WRRF EFFLUENT CHANNEL RETURN PUMP STATION PROJECT, PROJECT NO. 07806

WHEREAS, by resolution No. 26-113 on June 16, 2026, the City Council approved the plans and specifications for the WRRF Effluent Channel Return Pump Station Project, Project No. 07806, and called for bids to be received on July 21, 2026; and

WHEREAS, Addendum No.1 and No.2 were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions; and

WHEREAS, on July 21, 2026, four (4) bids were received ranging from $1,262,240 to $1,494,483; and

WHEREAS the City has reviewed the bid forms and determined that Corcus Construction, Inc., is the lowest responsive and responsible bidder with a bid of $1,262,240, which is approximately 6% above the engineer’s estimate of $1,190,000; and

WHEREAS, the City has determined that Corcus Construction, Inc. , possesses the necessary experience and skills to perform the work; and

WHEREAS, HydroScience Engineers has performed design and bidding services for the project; and

WHEREAS, staff have identified additional engineering services during construction from HydroScience Engineers is essential to continue the project; and

WHEREAS, additional construction budget is needed to cover the construction, design and administration, inspection and construction management for the project; and

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ATTACHMENT II

WHEREAS, adequate fund balances are available in the Sewer Replacement Fund (Fund 611) and Sewer Improvement Fund (Fund 612), which are both enterprise funds.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Corcus Construction, Inc. of San Francisco, CA, is hereby awarded the contract for the Effluent Channel Return Pump Station Project , Project No. 078 06, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected; and

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that Addendums No.1 and No.2 are hereby approved and adopted as part of the plans and specifications for the project; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to award a construction contract to Corcus Construction, Inc. , for the WRRF Effluent Channel Return Pump Station Project, Project No. 07806, in an amount of $1,262,240 and in a form to be approved by the City Attorney , and that the City Council hereby approves $126,224 in administrative construction contingency; and

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, an amendment to the existing professional services agreement (PSA) with HydroScience Engineers, Inc. , in a form approved by the City Attorney , to include engineering services during construction, increasing the contract amount by $44,203 to total not to exceed limit of $142,811; and

BE IT FURTHER RESOLVED by the City Council that the City Manager is authorized to appropriate additional funds in the amount of $471,275, split evenly between the Sewer System Replacement Fund (Fund 611) and Sewer System Improvement Fund (Fund 612) and using available fund balance for the WRRF Effluent Channel Return Pump Station Project, Project No. 07806.

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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 26-307
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt Resolutions Authorizing the City Manager to Negotiate and Execute 1) An Amendment to the Loan to the Hayward Economic Development Corporation and 2) An Agreement for Staffing Services Between the Two Agencies

RECOMMENDATION
That the City Council adopts two resolutions (Attachment II and III):

1. Authorizing the City Manager to negotiate and execute an amendment to the repayment terms of the loan from the City to the Hayward Economic Development Corporation (HEDC), and

2. Authorizing the City Manager to negotiate and execute an agreement with the HEDC for staffing services provided by the City to the HEDC.

SUMMARY
The HEDC finished two years of operating actuals at the end of July, 2026. Based on these actuals, the Corporation determined that it is unable to make required loan payments to the City in accordance with the existing loan agreement. Because of this, staff recommends that the City Council adopt the attached resolution (Attachment II) authorizing the City Manager to amend the loan repayment to terms that are more aligned with the operational reality of the HEDC. In addition, staff recommends that the City Council adopt the attached resolution (Attachment III) authorizing the City Manager to negotiate and execute a staffing agreement with the HEDC to reimburse the City for staff services provided in FY 2025, FY 2026, and for each fiscal year moving forward.

At the same time, staff are actively implementing steps to increase operating revenue from the property and preparing for possible disposition, including declaring the property as surplus.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution Loan Amendment
Attachment III Resolution Staffing Agreement
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File #:CONS 26-307
Attachment IV Loan Amendment Terms
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DATE: August 18, 2026

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt Resolutions Authorizing the City Manager to Negotiate and Execute 1) An Amendment to the Loan to the Hayward Economic Development Corporation; and 2) An Agreement for Staffing Services Between the Two Agencies

RECOMMENDATION

That the City Council adopts two resolutions (Attachment II and III):

1. Authorizing the City Manager to negotiate and execute an amendment to the repayment terms of the loan from the City to the Hayward Economic Development Corporation (HEDC), and

2. Authorizing the City Manager to negotiate and execute an agreement with the HEDC for staffing services provided by the City to the HEDC.

SUMMARY

The HEDC finished two years of operating actuals at the end of July, 202 6. Based on these actuals, the Corporation determined that it is unable to make loan payments to the City according to the existing loan agreement. Because of this, staff recommends that the City Council adopt the attached resolution (Attachment II) authorizing the City Manager to amend the loan repayment to terms that are more aligned with the operational reality of the HEDC. In addition, staff recommends that the City Council adopt the attached resolution (Attachment III) authorizing the City Manager to negotiate and execute a staffing agreement with the HEDC to reimburse the City for staff services provided in FY 2025, FY 2026, and for each fiscal year moving forward.

At the same time, staff are actively implementing steps to increase operating revenue from the property and preparing for possible disposition, including declaring the property as surplus.

BACKGROUND

On October 10, 2023, the City Council authorized the formation of the HEDC as a Nonprofit Public Benefit Corporation with the goal of supporting economic development activities throughout Hayward. According to the HEDC bylaws, the City Council serves as the Board of the Nonprofit and the City Manager is the Chief Executive Director.

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On January 8, 2024, the City Council authorized a loan from the General Fund to the HEDC in the amount of $8.6 million. The loan allowed the HEDC to purchase the lease to the Cinema Place Property, with the goal of helping maintain the existing tax revenue, jobs and anchors downtown and to support the creation of new jobs and opportunities in the future.

On September 9, 2024 , the City Council authorized the Interim City Manager to enter into the Economic Development Loan Agreement with the HEDC, which set the terms for the repayment of the $8.6 million to the City.

DISCUSSION

HEDC Financials
The HEDC finished two years of operating actuals at the end of July, 2026. Based on these actuals, the Corporation is unable to make loan payments to the City in accordance with the current loan agreement, including the payments that were due in FY 2025 and FY 2026. Because of this, staff recommends that the City Council adopt the attached resolution (Attachment II) authorizing the City Manager to amend the loan repayment schedule to terms that are more aligned with the operational reality of the HEDC.

Proposed Loan Repayment Terms
Staff recommends amending the repayment terms as outlined in the table below. The proposed terms extend the loan deferment payment by three years to allow the HEDC to build a sustainable operating model. The amendment also extends the repayment period to lower the annual payments and reduces the interest rate so that the total repayment to the City by the end of the term is roughly equal to the cur rent agreement. The goal of this amendment is to set an annual repayment amount that makes the City whole while recognizing the market realities faced by HEDC.

Current Terms Proposed Terms Difference
Deferment Period Through January 1,
2025
Through J anuary 1,
2028
3 Years Longer
Lenth of Repayment 15 years (2040) 22 years (2050) 7 Years Longer Interest Rate 5.86% for the first 5
years; then adjusted
annually at the City’s
annual averaged
managed portfolio rate
+ 1%

3.72% 2.15% less
Annual Payment $864,384* $547,933 $316,451 less
Total Principal
Payment
$8,600,000 $8,600,000 Same
Total Interest Payment $4,523,018* $4,532,198 $9,180 more Total Payments to City $13,123,018 $13,132,198 $9,180 more *Assumes a 5.86% interest rate for the life of the loan and is an approximation 125

Staffing Agreement
After twenty-four months of operations, staff have a better understanding of the staff hours needed to support the HEDC. While the majority of HEDC work is conducted by Advent, a contract property manager, the City provides staffing for some HEDC activities through regular, full -time City employees. These City positions are listed below, along with the estimated hours spent on HEDC activities:
• Assistant City Manager: 20 hours/year
• Real Estate Manager: 60 hours/year
• Economic Development Officer: 20 hours/year
• Assistant City Attorney: 10 hours/year
• Administrative Secretary: 10 hours/year
• Deputy Director of Finance: 10 hours/year
• Accounting Manager: 10 hours/year
• Accountant: 12 hours/year
• Management Analyst: 10 hours/year

Staff recommend that the City Council adopt the attached resolution (Attachment III) authorizing the City Manager to negotiate and execute a staffing agreement with the HEDC to reimburse the City for staff services provided in FY 2025 and FY 2026 ($38,689 each year) and for each fiscal year moving forward. In the case that HEDC cannot make the reimbursement payment, the agreement would stipulate that the balance be added to the principal of the City’s loan to the HEDC.

FISCAL IMPACT

The FY 2027 budget already assumes no loan payments from the HEDC to the City this fiscal year. For that reason, this action will not have an impact on the adopted budget.

However, compared to the existing loan agreement, t he proposed loan agreement amendment is a negative impact on the City’s finances in the near term by deferring the FY 2025 loan payment of $432,192, the FY 2026 payment of $864,384, and the FY 2027 payment of $864,384, totaling $2,160,961. Over the long term, the dollar amount the City will be repaid through loan receivables will be the roughly same as the current agreement ($13.1 Million). However, since the amendment spreads the repayment over 22 years instead of 15 years, the value of those dollars will likely be less due to inflation.

The staffing agreement reimburses the City for staff hours spent on HEDC activities. This agreement offsets costs that are currently covered by the General Fund and therefore has a net positive impact on the General Fund of approximately $39,000 for FY 2026-27.

NEXT STEPS

If the City Council adopts the two attached resolutions (Attachment II and III), staff will execute the loan agreement amendment and staffing agreement with the terms outlined above. In addition, as part of the loan monitoring, staff will provide annual updates to the Council Budget and Finance Committee on the finances and activities of the HEDC.
126

Prepared by: Mary Thomas, Assistant City Manager

Approved by:

_____________________________
Jennifer Ott, City Manager
127

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 ECONOMIC DEVELOPMENT LOAN

AGREEMENT WITH THE HAYWARD ECONOMIC DEVELOPMENT

CORPORATION AMENDING THE TERMS FOR REPAYMENT

WHEREAS, the City recognizes the benefits associated with the creation of economic opportunity and community economic development in the city and formed a nonprofit public benefit corporation known as Hayward Eco nomic Development Corporation (the "Corporation") in 2023; and

WHEREAS, to further the City’s economic development goals and activities for the downtown area, the Corporation purchased the lease for Cinema Place, which expires in 2056, for the Property located at 22631-228522 Foothill Blvd.; and

WHEREAS, in January of 2024, the City Council agreed to provide a loan from the General Fund in an amount of $8.6 million to facilitate the Corporation’s purchase of the lease and in September of 2024, the City Co uncil authorized the terms for the repayment of the loan; and

WHEREAS, due to financial constraints, the Corporation has requested to amend the terms of the loan; and

WHEREAS, the City and the Corporation wish to amend the repayment terms of the Economic Development Loan Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward, that the City Manager is authorized to negotiate and execute an amendment to the Economic Development Loan Agreement with the Hayward Economic Deve lopment Corporation in accordance to the terms outlined in the accompanying staff report and in a form approved by the City Attorney.

128

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
129

ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _____________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN AGREEMENT WITH THE HAYWARD ECONOMIC

DEVELOPMENT CORPORATION FOR STAFFING SERVICES

WHEREAS, the City recognizes the benefits associated with the creation of economic opportunity and community economic development in the city and formed a nonprofit public benefit corporation known as Hayward Economic Development Corporation (the "Corporation") in 2023; and

WHEREAS, the City of Hayward staffs some Corporation activities through regular, full-time City employees , including financial reporting and oversight of the property management contract; and

WHEREAS, the City and the Corporation wish to continue this staffing arrangement and to reimburse the City for its services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward, that the City Manager is authorized to negotiate and execute a staffing agreement with the Hayward Economic Development Corporation in accordance with the terms outlined in the accompanying staff report and in a form approved by the City Attorney.

130

ATTACHMENT III

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
131

ATTACHMENT IV

Existing HEDC Loan
Amortization Schedule

Year Annual
Principal
Annual
Interest*
Total
Payment
Remaining
Principal Balance
FY 2025 $182,825 $251,980 $434,805 $8,417,175
FY 2026 $381,877 $487,733 $869,610 $8,035,298
FY 2027 $404,583 $465,027 $869,610 $7,630,716
FY 2028 $428,639 $440,971 $869,610 $7,202,077
FY 2029 $454,125 $415,485 $869,610 $6,747,952
FY 2030 $481,126 $388,483 $869,610 $6,266,826
FY 2031 $509,733 $359,876 $869,610 $5,757,092
FY 2032 $540,041 $329,568 $869,610 $5,217,051
FY 2033 $572,151 $297,458 $869,610 $4,644,899
FY 2034 $606,171 $263,439 $869,610 $4,038,729
FY 2035 $642,213 $227,397 $869,610 $3,396,516
FY 2036 $589,147 $280,462 $869,610 $2,807,368
FY 2037 $720,853 $148,757 $869,610 $2,086,515
FY 2038 $763,714 $105,896 $869,610 $1,322,801
FY 2039 $809,123 $60,486 $869,610 $513,678
FY 2040 $513,678 $0 $513,678 $0
TOTAL $8,600,000 $4,523,018 $13,123,018

132

ATTACHMENT IV

Proposed HEDC Loan
Amortization Schedule

Year Annual
Principal
Annual
Interest
Total
Payment
Remaining
Principal Balance
FY 2027 $228,074 $319,920 $547,994 $8,371,926
FY 2028 $236,558 $311,436 $547,994 $8,135,368
FY 2029 $245,358 $302,636 $547,994 $7,890,010
FY 2030 $254,485 $293,508 $547,994 $7,635,524
FY 2031 $263,952 $284,042 $547,994 $7,371,572
FY 2032 $273,771 $274,222 $547,994 $7,097,801
FY 2033 $283,956 $264,038 $547,994 $6,813,845
FY 2034 $294,519 $253,475 $547,994 $6,519,326
FY 2035 $305,475 $242,519 $547,994 $6,213,851
FY 2036 $316,839 $231,155 $547,994 $5,897,013
FY 2037 $328,625 $219,369 $547,994 $5,568,388
FY 2038 $340,850 $207,144 $547,994 $5,227,538
FY 2039 $353,529 $194,464 $547,994 $4,874,008
FY 2040 $366,681 $181,313 $547,994 $4,507,328
FY 2041 $380,321 $167,673 $547,994 $4,127,006
FY 2042 $394,469 $153,525 $547,994 $3,732,537
FY 2043 $409,143 $138,850 $547,994 $3,323,394
FY 2044 $424,364 $123,630 $547,994 $2,899,030
FY 2045 $440,150 $107,844 $547,994 $2,458,880
FY 2046 $456,524 $91,470 $547,994 $2,002,357
FY 2047 $473,506 $74,488 $547,994 $1,528,851
FY 2048 $491,121 $56,873 $547,994 $1,037,730
FY 2049 $509,390 $38,604 $547,994 $528,340
FY 2050 $528,340 $0 $528,340 $0
TOTAL $8,600,000 $4,532,198 $13,132,198

133

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-309
DATE: August 18, 2026
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Hayward and the County of Alameda for the Administration of the Russell City Redress Fund and Phase 1 Payments and Related Actions

RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) 1) authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Hayward and the County of Alameda for administration and governance of the Russell City Redress Fund and Phase 1 payments; 2) accepting a $100,000 contribution from the Alameda County Office of Education (ACOE) and authorizing its transfer to the Alameda County Auditor-Controller for deposit in the Russell City Redress Fund; 3) authorizing receipt of up to $100,000 in additional contributions from other entities or persons and transfer of those contributions to the Alameda County Auditor-Controller; and 4) authorizing the City Manager to take related budgetary actions.

SUMMARY
Russell City was part of unincorporated County of Alameda until its annexation into the City of Hayward in 1964. During the 1950s and 1960s, approximately 1,400 residents were displaced through the acquisition of nearly 700 parcels of land, resulting in lasting economic and community harm.

Following formal apologies by the City and County and an extensive community process, the City of Hayward, County of Alameda, and ACOE committed a combined $1.3 million to the Russell City Redress Fund. On August 4, 2026, the Alameda County Board of Supervisors approved an MOU with the City establishing the administration and governance of the Redress Fund and authorizing the County Auditor- Controller to issue Phase 1 payments consistent with the MOU. Phase 1 prioritizes eligible applicants who personally owned and resided in residential property in Russell City that was acquired by Alameda County through eminent domain between January 1, 1961 and December 31, 1964. Eligible Phase 1 households may receive payments of up to $25,000.

The recommended action would approve the City's participation in the MOU, establish the administrative and governance framework for the Redress Fund, authorize transfer of the City's and ACOE's committed CITY OF HAYWARD Printed on 8/14/2026Page 1 of 2
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134
File #:CONS 26-309
and governance framework for the Redress Fund, authorize transfer of the City's and ACOE's committed funds to the County Auditor-Controller, and allow implementation of Phase 1 payments.

The recommended action would approve the City's participation in the MOU, establish the administrative and governance framework for the Redress Fund, authorize transfer of the City's and ACOE's committed funds to the County Auditor-Controller, and allow implementation of Phase 1 payments.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment II Exhibit A MOU
CITY OF HAYWARD Printed on 8/14/2026Page 2 of 2
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135

DATE: August 18, 2026

TO: Mayor and City Council

FROM: City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Hayward and the County of Alameda for the Administration of the Russell City Redress Fund and Phase 1 Payments and Related Actions

RECOMMENDATION

That the City Council adopts the attached resolution (Attachment II) 1) authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Hayward and the County of Alameda for administration and governance of the Russell City Redress Fund and Phase 1 payments; 2) accepting a $100,000 contribution from the Alameda County Office of Education (ACOE) and authorizing its transfer to the Alameda County Auditor-Controller for deposit in the Russell City Redress Fund; 3) authorizing receipt of up to $100,000 in additional contributions from other entities or persons and transfer of those contributions to the Alameda County Auditor-Controller; and 4) authorizing the City Manager to take related budgetary actions.

SUMMARY

Russell City was part of unincorporated County of Alameda until its annexation into the City of Hayward in 1964. During the 1950s and 1960s, approximately 1,400 residents were displaced through the acquisition of nearly 700 parcels of land, resulting in la sting economic and community harm.

Following formal apologies by the City and County and an extensive community process, the City of Hayward, County of Alameda, and ACOE committed a combined $1.3 million to the Russell City Redress Fund. On August 4, 2026, the Alameda County Board of Superv isors approved an MOU with the City establishing the administration and governance of the Redress Fund and authorizing the County Auditor-Controller to issue Phase 1 payments consistent with the MOU. 1 Phase 1 prioritizes eligible applicants who personally owned and resided in residential property in Russell City that was acquired by Alameda County through eminent

1 County of Alameda Board of Supervisors Regular Meeting Agenda, August 4, 2026, item 129:
https://www.alamedacountyca.gov/board/bos_calendar/documents/DocsAgendaReg_08_04_26/GENERAL%20ADMI NISTRATION/Set%20Matter%20Calendar/Supervisor%20M%c3%a1rquez_409832.pdf 136

domain between January 1, 1961 and December 31, 1964. Eligible Phase 1 households may receive payments of up to $25,000.

The recommended action would approve the City's participation in the MOU, establish the administrative and governance framework for the Redress Fund, authorize transfer of the City's and ACOE's committed funds to the County Auditor-Controller, and allow implementation of Phase 1 payments.

FISCAL IMPACT

There is no new fiscal impact to the recommended action. The City Council previously appropriated $250,000 as part of the FY 2026/27 budget adoption. The recommended action will authorize transfer of these funds to the County’s Auditor -Controller for deposit in the Russell City Redress Fund. The recommended action will also allow the City to accept ACOE’s $100,000 contribution to the Russell City Redress Fund and transfer of this $100,000 to the County Auditor-Controller. This transfer has been deemed efficient for accounting purposes.

BACKGROUND

Russell City was founded in 1853 as an unincorporated community in Alameda County. In the 1950s and 1960s, Russell City residents were displaced as land was acquired for commercial and industrial development. Approximately 700 parcels were acquired and rou ghly 1,400 residents were forced to relocate. Russell City was annexed into the City of Hayward in 1964.

The City issued its formal apology on November 16, 2021, based on the recommendation of the Community Services Commission, acknowledging the City’s role in the atrocities of Russell City.

In 2022, the City launched the Russell City Reparative Justice Proje ct, which included the creation of the Russell City Community Advisory Committee which made 26 recommendations to the City Council in March 2024. Following further input from the community, the City Council created the Russell City Redress Fund in 2025 with a commitment of $250,000.

On June 27, 2023, the Board of Supervisors of the County of Alameda issued its formal apology for its role in the displacement and destruction of Russell City during the 1950s and 1960s.

Through that action, the County committed to pursuing meaningful redr ess for former residents and their descendants. Since July 2025, the Board of Supervisors has appropriated $950,000 to be directed to the Russell City Redress Fund.

Along with the City of Hayward and the County of Alameda, the ACOE has appropriated $100,000 in support of the Russell City Redress Fund, for a total of $1.3 million.

DISCUSSION

Based on available funding and fiscal constraints, City and County staff have determined that eligible Phase 1 applicants will receive Redress Fund payments of up to $25,000 per household.

This payment amount has been derived following consideration of the current appropriations from the three cooperating agencies and the estimated number of qualified recipients. When 137

Phase 1 disbursements are completed, future City Council and Board of Supervisors will be required to approve subsequent phases of program eligibility and payments.

City Council approval of the recommended resolution and MOU will establish the administrative and governance framework necessary to implement the Russell City Redress Fund and authorize payments through the County Auditor-Controller’s office.

The administrative and governance structure includes a Working Group comprising County Supervisor Márquez, City Council Member Andrews, and City Council Member Roche. Pursuant to the MOU, the County representative’s vote will be counted as two votes, while each City representative will have one vote. The Working Group will provide policy direction to City and County staff members who will support the project over the two-year duration of the MOU. The Working Group is authorized to make final decisions concerning administration of the Redress Fund.

A separate three-member Eligibility Review Subcommittee will review applications and make final and binding eligibility and payment determinations. The City Manager and County Administrator will each appoint one member to the Subcommittee, and those two members will select a third member as set out in detail in the MOU. The decision -making process is designed to assure fairness and objectivity and avoid political bias or conflicts of interest.

The City Manager will serve as the Authorized Representative for disbursement requests.

Following an eligibility determination by the Subcommittee, the Authorized Representative will submit the required documentation and payment request to the County Auditor-Controller.

The MOU will be effective from August 18, 2026 through August 17, 2028, unless extended by mutual written agreement.

Phase 1 Eligibility and Payments

Phase 1 prioritizes former Russell City homeowners because of the urgency associated with aging former residents. To qualify for Phase 1, an applicant must have resided in and personally owned residential property in Russell City between January 1, 1961 and December 31, 1964, and the property must have been acquired by Alameda County through eminent domain during that period. Funds are allocated on a per-household basis.

Eligible Phase 1 households may receive payments of up to $25,000. The payment amount was developed after consideration of the current Redress Fund balance and the estimated number of qualified recipients. All payments remain subject to satisfaction of the adopted eligibility criteria, the number of eligible applicants, and availability of funds.

After Phase 1 funds have been distributed, the Working Group may develop preliminary payment amounts and eligibility criteria for future phases. Any eligibility criteria for future phases must be approved by both the City and County through an amendment to the MOU, requiring future action by the City Council and Board of Supervisors.

138

STRATEGIC ROADMAP

This agenda item is associated with a previous project from the FY25 Strategic Roadmap:
• Priority: Cultivate Vibrant Neighborhoods
o Objective: Support Volunteerism, Civic Leadership, and Community -Led Initiatives
▪ Project: Allocate and develop resources to implement approved reparative justice actions resulting from community -led input on the Russell City Reparative Justice Project

PUBLIC CONTACT

The Russell City Reparative Justice Project supported the Russell City Community Advisory Committee starting in December 2022, which ultimately made 26 recommendations to the City Council in March 2024. There were numerous workshops conducted online over the summer of 2024 to obtain community input on the 10 priority recommendations among the advisory committee’s 26 recommendations. In September 2025, an additional survey was conducted, resulting in over 250 responses from the Russell City community identifying and supporting priorities for how funds could be allocated if appropriated. In February 2026, the City Council took public action to authorize steps towards an agreement with the County of Alameda that culminated in the August 4, 2026 meeting of the B oard of Supervisors which was widely attended by both in-person and online members of the Russell City community.

NEXT STEPS

If the City Council adopts the recommended resolution, the next steps will include appointment of the Eligibility Review Subcommittee and publication of the application and criteria for potential Phase 1 recipients. These next steps are anticipated to take 60 to 90 days.

Prepared and
Recommended by: Michael Lawson, City Attorney

Approved by:

_____________________________
Jennifer Ott, City Manager

139

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 26-______
Introduced by Council Member___________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD : 1)

AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF

HAYWARD FOR THE ADMINISTRATION OF THE RUSSELL CITY REDRESS FUND AND FIRST PHASE PAYMENTS; 2) ACCEPTING $100,000 FROM THE

ALAMEDA COUNTY OFFICE OF EDUCATION FOR ITS PLEDGE TO THE RUSSELL CITY REDRESS FUND AND TRANSFER RING SAID $100,000 TO THE COUNTY OF ALAMEDA AUDITOR-CONTROLLER; 3) APPROVING RECEIPT OF UP TO $100,000 IN ADDITIONAL CONTRIBUTIONS FROM OTHER ENTITIES

OR PERSONS AND TRANSFER RING SUCH CONTRIBUTIONS TO THE COUNTY OF ALAMEDA AUDITOR -CONTROLLER; AND, 4) DIRECTING THE CITY

MANAGER TO TAKE ANY ASSOCIATED BUDGETARY ACTIONS RELATED HERETO

WHEREAS, Russell City was founded in 1853 as an unincorporated community in Alameda County. In the 1960s, Russell City residents were displaced through an effort to transition the area into industrial and commercial development; and

WHEREAS, both the City of Hayward and Alameda County issued formal apologies acknowledging the 1960s displacement; and

WHEREAS, the City of Hayward, the County of Alameda, and the Alameda County Office of Education (“ACOE”) have committed an aggregate of $1.3 million to the Russell City Redress Fund, consisting of $250,000 from the City, $950,000 from the County, and $100,000 from ACOE; and

WHEREAS, the fund is intended to issue direct payments to eligible applicants , representing a further step in acknowledging and addressing the harm caused by the 1960s displacement of Russell City residents; and

WHEREAS, on June 2, 2026, the City Council authorized the transfer of $250,000 in funds to the Russell City Redress Fund; and
140

ATTACHMENT II

WHEREAS, on August 4, 2026, the Board of Supervisors of the County of Alameda unanimously approved a Memorandum of Understanding (MOU) between the County of Alameda and the City of Hayward establishing the administration and governance of the Russell City Redress Fund and authorized the Alameda County Auditor -Controller, consistent with the MOU, to issue Phase 1 payments to eligible recipients; and

WHEREAS, the MOU establishes a Redress Fund Working Group and an independent Eligibility Review Subcommittee and designates the Alameda County Auditor-Controller to hold and distribute Redress Fund assets; and

WHEREAS, Phase 1 prioritizes individuals who personally owned and resided in residential property in Russell City between January 1, 1961 and December 31, 1964, and whose property was acquired by Alameda County through eminent domain during that period, with payments of up to $25,000 per eligible household.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hayward herby authorizes the City Manager to execute the Memorandum of Understanding between the City of Hayward and the County of Alameda for the administration and governance of the Russell City Redress Fund, substantially in the form attached hereto as Exhibit A, including the Phase 1 eligibility criteria and payment framework contained therein, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that City Council hereby accepts the $100,000 contribution from the Alameda County Office of Education for the Russell City Redress Fund and authorizes the City Manager to transfer such contribution to the Alameda County Auditor-Controller in accordance with the MOU.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer the City's previously appropriated $250,000 contribution to the Russell City Redress Fund to the Alameda County Auditor-Controller in accordance with the MOU.

BE IT FURTHER RESOLVED that t he City Manager is authorized to accept up to $100,000 in additional contributions from other entities or persons for the Russell City Redress Fund, and transfer such contributions to the Alameda County Auditor-Controller in accordance with the MOU.

BE IT FURTHER RESOLVED that the City Manager is authorized to take such related administrative and budgetary actions as are necessary to implement this Resolution and the MOU, consistent with the City's adopted budget and applicable law.

141

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA , 2026

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS: None

ABSTAIN: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward
142
1 MEMORANDUM OF UNDERSTANDING
between the

COUNTY OF ALAMEDA
and the

CITY OF HAYWARD
Re: Administration of Russell City Redress Fund
Th
is Memorandum of Understanding (“MOU”) is dated for reference this ____ day of August, 2026 by and between the County of Alameda, a municipal corporation of the State of California, and the City of Hayward, a municipal corporation of the State of California (“City” ). Together, the County and City are referred to as “Parties.” The Alameda County Office of Education (“ACOE”) is not a Party to this MOU but has executed this MOU solely to evidence its consent to the use of ACOE’s contribution to the Russell City Redress Fund.

RECITALS
WHEREAS, the Parties have created the Russell City Redress Fund (“Redress Fund”) in collaboration with the ACOE; and
WHEREAS, the Redress Fund was established to acknowledge the historic harm experienced by approximately 1,400 former residents of Russell City, California, displaced to make way for commercial and industrial development in the 1950s and 1960s; and
WHEREAS, the City has agreed to contribute $250,000 to the Redress Fund; and WHEREAS, the County has agreed to contribute a total of $950,000 to the Redress Fund, consisting of individual allocations from each member of the Board of Supervisors ($100,000 from District 1 Supervisor David Haubert; $400,000 from District 2 Supervisor Elisa M árquez; $100,000 from District 3 Supervisor Lena Tam; $250,000 from District 4 Supervisor Nate Miley; and $100,000 from District 5 Supervisor Nikki Fortunato-Bas); and
WHEREAS, the ACOE has agreed to contribute $100,000 to the Redress Fund, by donation to the City for inclusion in the Redress Fund, but has declined to participate in the implementation of the Redress Fund and is not a party to this MOU; and
WHEREAS, the initial aggregate contribution to the Redress Fund by all parties is $1,300,000; and WHEREAS, the City and County desire for the County Auditor -Controller to hold and distribute the allocated contributions on their behalf as provided in this MOU; and WHEREAS, the Parties seek to memorialize the terms upon which the Redress Fund will be administered and governed in an agreement in this MOU;
NOW, THEREFORE, the Parties agree as follows:

Attachment II, Exhibit A
143

2 PURPOSE:

This MOU documents the agreement between the County and City for the administration and governance of the Redress Fund. The Parties will collaborate to implement a co ordinated strategy to fairly and efficiently administer the Redress Fund, in which:
• The County and City will establish shared governance responsibility in the form of a three-member ad hoc committee , to be known as the “Redress Fund Working Group” (“Working Group”) comprising one member of the Board of Supervisors and two members of the City Council. As a matter of equity, the County member’s vote shall be counted as two votes. The Supervisor for District 2 shall be the County representative , and Council Members Angela Andrews and Julie Roche will represent the City of Hayward on the Working Group. ● County and City staff members will support the Working Group as reasonably necessary and appropriate.
● The Working Group is authorized to make final decisions regarding administration of the Redress Fund.
● There shall be a three-member subcommit tee, to be known as the “ Eligibility Review Subcommittee” (“Subcommittee”) with the task of reviewing and deciding on eligibility and amounts of payments from the Redress Fund to be made to eligible applicants. The Subcommittee will include one representative designated by the County Administrator and one representative designated by the City Manager; the Subcommittee will not include elected officials or senior staff from the County or City who directly support the Working Group. The third member shall be an individual who has no conflict or self-interest with the purpose and intent of the Redress Fund and is selected by the designated County and City representatives. The Subcommittee shall strive towards unanimity in its decisions, but majority votes will prevail. Tie votes will be considered denials of applications. Decisions of the Subcommittee will be final and binding. ● The eligibility criteria for the initial phase of funding (“Phase 1”) is set forth in Exhibit A to this MOU. Payments to Phase 1 recipients will be up to $25,000 per eligible household. ● The Working Group will announce preliminary payment amounts for future phases once Phase 1 funds have been distributed. Amounts will be subject to change. ● All payments are subject to compliance with eligibility criteria, availability of funds in the Redress Fund, and the number of applicants in each phase. There is no representation, warranty, or guaranty that funds will be available for any or all applicants. • Official communications will be the responsibility of the Working Group with support from County and City staff. Definition of eligibility for future phases will be provided by the Working Group.

TERM

This MOU shall be effective upon execution of this MOU by both Parties and remain in effect fo r the period: August 18, 2026 – August 17, 2028. The term may be extended by mutual written agreement of the Parties.

144

3 TERMINATION

Either party may terminate this Agreement by giving fifteen (15) business days’ written notice to the other party. Upon termination, the County Auditor-Controller shall return to each party the remaining balance of their contribution to the Redress Fund, to the extent such Funds have been allocated, but not disbursed, to eligible applicants. Allocated funds will be disbursed to eligible applicants.

FUNDING AND FISCAL RESPONSIBILITY

The Russell City Redress Fund is a new initiative by the County and the City to provide direct payments to former residents and eligible descendants of former residents of Russell City; a historic community intentionally dismantled in the 1960s through eminent domain. With initial funding from the County, City and ACOE, the Redress Fund aims to offer a form of restitution for the property seizure and displacement, acknowledging a profound injustice and seeking repair for the lasting harm to this community. In connection with the Redress Fund, the Parties desire the County Auditor-Controller to hold and distribute the allocated funds as provided in the Eligibility Criteria and as directed by the Working Group.

A. Donations:
• Should the City or County receive additional donations, grants, or other contributions in connection with the Redress Fund, the County Auditor -Controller may receive such funds to be held in the Redress Fund and distributed consistent with this MOU.
• City and County will work together to provide documentation as requested to grantors or donors relating to the federal tax treatment of such donations, grants, or other contributions to the Redress Fund.

B. Disbursements: All disbursements from the Redress Fund will consist of direct payments to former residents, and eligible descendants of former residents, of Russell City, who have been deemed eligible by and selected by the Subcommittee, following screening of their application. • The Working Group will be responsible for determining the eligibility criteria for disbursements for the Redress Fund which shall be informed by feedback from the community surveys conducted by the City in the Summer of 2024 and the Fall of 2025 as directed by the Working Group, the process for reviewing applications, and the process for selecting recipients for disbursements from the Redress Fund.
• Eligibility criteria for future phases, as defined by the Working Group, must be approved by the City and County by amendment to this MOU. The Subcommittee will have final determination of all recipients who are eligible for disbursements from the Redress Fund. • When the Subcommittee desires for the County Auditor-Controller to disburse certain funds held in the Redress Fund, the Subcommittee will notify the Authorized Representative (defined in section D below) who will submit a written request for such disbursement to Auditor-Controller. • The Authorized Representative must provide the Auditor -Controller with sufficient documentation as described in Exhibit A to verify each amount it wishes for the Auditor-Controller to pay, as well as appropriate information regarding the identity of and payment information for the individual payee. Consistent with the requirements of the Auditor -Controller, payment information shall include account chart fields, source of funds , invoice type, payment handling method, payment 145

4 amount, and the name, address and social security number of the recipient. Upon receipt of such instruction and information, provided there are sufficient funds in the Redress Fund, the Auditor- Controller will process such request and issue the disbursement as soon as possible. • Individuals receiving disbursements from the Redress Fund will be required to provide completed W-9 forms to the Subcommittee who will convey the W -9 forms to the Authorized Representative before requesting disbursement of funds from the Auditor-Controller. The Auditor -Controller will then send a 1099 tax form to the recipient of the disbursement. • Funds contributed by ACOE shall be accepted by the City as a donation to the City, included with and deemed a contribution to the Redress Fund by the City. • Payment shall first be made using funds contributed by the City, and then by funds contributed by the County.

C. Reporting: Auditor-Controller will provide the Working Group and the City and County quarterly accounting reports detailing donations, grants, or other contributions received for the Redress Fund and the total amount of all disbursements issued from the Redress Fund in the prior quarter and for the duration of the Redress Fund.

D. Authorized Representative: The individual authorized to act on behalf of the Subcommittee with respect to the Redress Fund, including communicating any and all requests for disbursement from the Redress Fund to A uditor-Controller, is the City’s City Manager, currently Jennifer Ott (the “Authorized Representative”) or her successor in such role. The Working Group may change the Authorized Representative in writing and require an update to the MOU. All communications from the Auditor-Controller regarding the Redress Fund and this MOU shall be made to the Subcommittee via the Authorized Representative. The Auditor-Controller shall be entitled to rely on any communications received from and directions provided by the Authorized Representative with respect to the Redress Fund.

E. Implementation Decisions: The City and County acknowledge that they will be required to determine between themselves how to implement various aspects of this MOU. The Working Group will provide further written instructions to the Auditor-Controller regarding implementation as is necessary and appropriate for implementation of this MOU. For the avoidance of doubt, such written instruction to be provided will include, but not be limited to, the following: (1) the accounting treatment of the funds in the Redress Fund as being held on a custodial basis for either the City or the County, or both jointly and the proportionate amounts; (2) whether the City and County, or both, should be listed as the distributor of each respective distribution from the Redress Fund; (3) instruction as to the distribution of any funds remaining in the Redress Fund upon the termination of the MOU, if any; and (4) whether any additional donations, grants, or contributions to be held for either the City or County, or both jointly and the proportionate amounts. Except as explicitly set forth in this MOU, all references to the Parties shall require joint action of both the City and the County.

F. No Investment: The Auditor-Controller will hold the assets in the Redress Fund in a non- interest- bearing account and will have no obligation or authority to invest, reinvest, or leverage any portion 146

5 of the funds in the Redress Fund. Neither the Auditor -Controller nor the County shall be liable for any loss of the amounts in the Redress Fund resulting from inflation or the lack of investment yield.

INDEMNIFICATION

The City shall defend, indemnify, and hold the County, its Board of Supervisors, and all of their officers, employees, and agents, harmless from and against any and all liability, loss and expense, attorney’s fees, or claims for injury or damage arising ou t of the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the City, its officers, agents or employees.

The County shall defend, indemnify, and hold the City, its officers, employees and agents, harmless from and against any and all liability, loss and expense, attorney’s fees, or claims for injury or damage arising out of the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the County, its officers, agents, or employees.

The Parties’ indemnification obligations set forth in this section shall survive expiration or termination of this MOU. It is the intent of the Parties that, where negligence is determined to have been contributory, principles of comparative fault will be followed, and each Party shall bear the proportionate costs of any loss, damage, expense and liability attributable to the Party’s negligence.

LEGAL CHALLENGES

In the event of a third- party challenge to the Parties’ authority to enter into this MOU, to establish the Redress Fund, or determinations made to grant or deny an application for funds, the Parties shall meet and confer on the defense of such litigation. The Parties hereby agree to reasonably consider entering into a joint defense and common interest agreement as part of the defense of such challenge, but either party may elect to terminate this MOU and dissolve the Redress Fund in lieu of defending or continuing to defend such challenge.

COMPLIANCE WITH REGULATORY REQUIREMENTS

The Parties agree to comply with all applicable federal and state statutes, regulations, governance activities carried out under this partnership, including reporting, record retention, and non- discrimination requirements.

MODIFICATION

Any modifications to this MOU must be made in writing and signed by authorized representatives of both Parties.

IN WITNESS WHEREOF, the Parties have executed this MOU by an d through their authorized representatives.

147

6 COUNTY OF ALAMEDA CITY OF HAYWARD

By:_______________________________ By: ______________________________ Name: David Haubert Name: Jennifer Ott
Title: President, Board of Supervisors Title: City Manager Date: Date:

Approved as to Form: Approved as to form and procedure:

Andrea L. Weddle, Interim County Counsel

By: ________________________________ By:

Michael Lawson, City Attorney

ALAMEDA COUNTY OFFICE

OF EDUCATION

By: ________________________________
Name:

Title:

Date:

148

7 EXHIBIT A

Russell City Redress Fund Phase 1 Eligibility Criteria

Phase 1 (Former Homeowners)

• Individuals who resided and personally owned residential properties in Russell City between January 1, 1961 to December 31,1964, and whose properties were taken by Alameda County by eminent domain during that period. Funds are allocated on the basis of each household, not each resident.
• Qualifying housing includes residential structures in Russell City that were subject to County acquisition.
• Multiple homeowners living in the same property location can each apply provided that each applicant independently meets the eligibility criteria , but funds are paid on a per household basis divided equally among qualified Phase 1 individual residents in each household. • Documentation required:
o A valid ID and one piece of documentation is required. It must demonstrate home ownership and parcel location/address of the residential property during the relevant timeframe. Examples of documentation include, but are not necessarily limited to the following:
o Officially Recorded Deed
o Promissory Note
o Contract of Sale
o Evidence of Sale to County
o A certificate signed under penalty of perjury that to the best of the applicants knowledge there are or are not other living eligible Phase 1 individuals who resided in the household with the applicant.
o Completed W-9 Form
149

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-313
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT
Adopt a Resolution Approving Three Side Letters of Agreement for Clarification and Clean-Up Purposes Amending Memoranda of Understanding between the City of Hayward and Both the International Association of Firefighters, Local 1909 and Hayward Fire Officers Association Confirming Previous Agreements and Establishing a Payment for Preceptor Work, and Authorizing Staff to Execute the Agreements

RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) approving Side Letters of Agreement for clarification and clean-up purposes amending the Memoranda of Understanding (MOUs) between the City of Hayward and both the International Association of Firefighters, Local 1909 (Local 1909) and Hayward Fire Officers Association (HFOA) confirming previous agreements and establishing a payment for preceptor work and authorizing staff to execute the agreements.

SUMMARY
The City has met and conferred in good faith with Local 1909, representative of both the Firefighters and the HFOA regarding three agreements intended to provide clarity and finalize previously agreed-upon terms. These clean-up agreements do not result in additional General Fund appropriations and include confirming language that was previously agreed to for purposes of amending the City’scontract with the California Public Employee Retirement System (CalPERS); confirming and clarifying prior agreements to align compensatory time off with the Fair Labor Standards Act (FLSA) and applicable state wage and hour law; and establishing a one-time payment incentive under a Preceptor Program. These changes clarify the parties’respective intention of pensionable contributions for certain pays, align with FLSA and applicable state wage and hour law, and establish compensation for assignment as a paramedic preceptor as part of the Paramedic Internship and Preceptor Program.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/14/2026Page 1 of 2
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150
File #:CONS 26-313
Attachment III CalPERS Cost-Sharing Side Letter
Attachment IV CTO Side Letter
Attachment V Preceptor Side Letter
Attachment VI Side Letter of Agreement Approved April 2026 CITY OF HAYWARD Printed on 8/14/2026Page 2 of 2
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151

DATE: August 18, 2026

TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT: Adopt a Resolution Approving Three Side Letters of Agreement for Clarification and Clean-Up Purposes Amending Memoranda of Understanding between the City of Hayward and Both the International Association of Firefighters, Local 1909 and Hayward Fire Officers Association Confirming Previous Agreements and Establishing a Payment for Preceptor Work, and Authorizing Staff to Execute the Agreements

RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) approving Side Letters of Agreement for clarification and clean-up purposes amending the Memoranda of Understanding (MOUs) between the City of Hayward and both the International Association of Firefighters, Local 1909 (Local 1909) and Hayward Fire Officers Association (HFOA) confirming previous agreements and establishing a payment for preceptor work and authorizing staff to execute the agreements.

SUMMARY
The City has met and conferred in good faith with Local 1909 , representative of both the Firefighters and the HFOA regarding three agreements intended to provide clarity and finalize previously agreed -upon terms. These clean -up agreements do not result in additional General Fund appropriations and include confirming language that was previously agreed to for purposes of amending the City’s contract with the California Public Employee Retirement System (CalPERS) ; confirming and clarifying prior agreements to align compensatory time off with the Fair Labor Standards Act (FLSA) and applicable state wage and hour law ; and establishing a one -time payment incentive under a Preceptor Program. These changes clarify the parties’ respective intention of pensionable contributions for certain pays, align with FLSA and applicable state wage and hour law, and establish compensation for assignment as a paramedic preceptor as part of the Paramedic Internship and Preceptor Program.

FISCAL IMPACT

If approved, the proposed amendments to the Local 1909 and HFOA MOUs would result in 152

minor fiscal impact which can be absorbed into the Department budget and/or offset by programmatic revenue , as the corrections bring the agreements into alignment with CalPERS regulations, FLSA and applicable state law , establish a Paramedic Internship and Preceptor Program, and align with the intentions of the City and the bargaining units. The FEMA Assistance to Firefighters Grant offsets paramedic preceptor incentive costs for all current Hayward Fire Department firefighter/paramedic students, while non-Hayward Fire Department students or their sponsoring programs are responsible for the incentive cost, consistent with industry practice. These items are cost neutral in the near term as proposed changes resolve for reporting compliance and administration.

BACKGROUND
The City and Local 1909 have reached agreement on three Side Letters of Agreement intended to provide clarification and clean -up of existing MOU provisions and previously agreed -upon terms. The Side Letters confirm and finalize prior agreements regarding C alPERS cost-sharing and compensatory time -off, and establish a one -time payment for preceptor work associated with the Paramedic Internship and Preceptor Program.

As part of a review of the MOUs to ensure compliance with CalPERS regulations, the parties previously identified a potential issue with CalPERS cost -sharing language. A side letter was agreed to by the parties and approved by the City Council on April 21, 2026. In addition to amending the MOUs, the City must also amend its contract with CalPERS for these changes to be effective. To do that, CalPERS requires that each impacted bargaining unit conduct a secret ballot vote on these specific changes and the parties are confirming their agreement with an updated side letter.

Additionally, the parties agree to amend the MOUs to ensure compensatory time off compliance with FLSA and applicable state wage and hour law with the intent to align the rate at which accrued but unused compensatory time off is paid upon separation within the requirements of 29 C.F.R. §553.27(b) and not to modify the rate at which any other forms of accrued leave are paid.

Lastly, the creation of a Paramedic Internship and Preceptor Program has reached tentative agreement by the parties which allows the Fire Department to supervise interning paramedics during patient care and field operations . This program creates opportunity for interning paramedics to participate in real -time training and helps create a recruitment pipeline by interacting with aspiring paramedics through participation in the program.

DISCUSSION
The discussion below provides additional detail regarding the three Side Letters and the specific provisions being clarified, confirmed, or established through the agreement.

The City and 1909 have met and conferred in good faith and t he following provisions for CalPERS cost share and compensatory time off were revised to ensure compliance with CalPERS regulations, FLSA and applicable state wage and hour law align with the original 153

intention of pension-reportable pay, compliance with appliable IRS regulations, and administrative process. In addition, a separate side letter of agreement creates a Paramedic Internship & Preceptor Program and establishes one-time payment for participation in the program.

Section 6.01 Retirement Plan
This Side Letter clarifies and confirms the parties existing agreement regarding CalPERS cost - sharing and does not increase the City’s employer contribution or result in additional General Fund costs. Consistent with the prior Side Letter (Attachment VI), which was previously approved by the City Council on April 21, 2026 and subject to the results of a secret ballot vote of each impacted bargaining unit as required by CalPERS, the City shall amend its contract with CalPERS to reflect the changes in Attachment III. These amendments clarify the cost-share structure for both “Classic” and “New Members” of CalPERS and are intended to ensure that the City’s contract with CalPERS accurately reflects the parties’ agreement.

For “Classic” CalPERS members, the amendments clarify that the cost share includes the nine percent (9%) CalPERS published employee rate, plus an additional six percent (6%) contribution to the City’s employer rate . For CalPERS “New Members” hired after January 1, 2023, the amendments confirm the total contribution of fifteen percent (15%) is comprised of the CalPERS published employee rate, plus the additional contribution to the City’s employer rate; and clarifies that if during the term of the agreement fifty percent (50%) of the total normal cost rate reaches fifteen percent (15%) or higher, the parties agree there will be no additional cost share and the “New Members” will only pay one-half of the total normal cost rate.

Section 4.02 Overtime
Consistent with the mutual intention of the City and Local 1909 representatives, the parties reached tentative agreement that confirms prior agreement to amend the MOUs with respect to compensatory time off to ensure compliance with the FLSA and applicable state wage and hour law. The edits in Attachment IV include defining compensatory time rate earned in lieu of overtime at one and one-half (1.5) hours for each hour of overtime worked. The edits also include clarification of hourly rate for unused compensatory time upon separation and affirm that the maximum amount of compensatory time off that can be accrued is no more than four hundred and eighty (480) hours of compensatory time off. These edits clarify and confirm the mutual understanding of the parties and do not create an immediate fiscal impact.

Paramedic Internship & Preceptor Program
The parties reached tentative agreement on a Paramedic Internship and Preceptor Program.

The Param edic Internship and Preceptor Program establishes a structured field -training program within the Hayward Fire Department for probationary firefighters and external paramedic students. Interns complete 480 -720 hours of supervised field training, including required ambulance ride-ins and a final 120-hour capstone internship. Designated paramedic preceptors provide direct supervision, instruction, mentorship, and evaluations and must meet specified licensing , experience, and training requirements. The program is established as outlined in Attachment V and creates opportunity for the Fire Department to deepen community and professional connections within the paramedic field, including assisting with potential recruitment pipelines and interest with the City through intern participation in the 154

program. Employees assigned as paramedic preceptors will receive a one -time payment equivalent to eight and fifty-two hundredths percent (8.52%) of a Step A Firefighter’s monthly salary upon assignment of an intern.

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

NEXT STEPS

Staff will finalize the side letter agreements and City Manager approval prior to execution. The Human Resources Department will work with the Finance Department to implement these changes.

Prepared and Recommended by: Ian Tecson, Director of Human Resources

Approved by:

Jennifer Ott, City Manager
155

HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member __________

RESOLUTION APPROVING THREE SIDE LETTERS OF AGREEMENT

AMENDING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF

HAYWARD AND BOTH THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 1909 AND HAYWARD FIRE OFFICERS ASSOCIATION

AND AUTHORIZING STAFF TO EXECUTE THE AGREEMENTS
WHEREAS, the City of Hayward has met and conferred in good faith with the representative(s) for the Hayward Firefighters Association and the Hayward Fire Officers Association – the International Association of Firefighters, Local 1909; and WHEREAS, the Parties have reached agreement on language that corrects and clarifies existing language, including confirming language that was previously agreed to for purposes of amending the City’s contract with the California Public Employees Retirement System (CalPERS); and
WHEREAS, the Parties have reached agreement on language that confirms and clarifies prior agreements to align compensatory time off with the Fair Labor Standards Act (FLSA) and applicable state wage and hour law; and
WHEREAS the Parties have reached agreement to establish a one -time payment incentive under a Paramedic Internship and Preceptor Program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, amendments to the Memoranda of Understanding through the related side letters of agreement as soon as administratively possible, and authorizes staff to execute said agreements, a copy of which will be on file in the Office of the City Clerk.

ATTACHMENT II
156

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

157

CALPERS COST-SHARING

SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF HAYWARD
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS – LOCAL 1909
This side letter of agreement is entered into by and between the City of Hayward (“City”) and the International Association of Firefighters, Local 1909 (“IAFF, Local 1909”), to confirm the parties’ prior agreement to amend the Memoranda of Understanding (“MOUs”) with the IAFF, Local 1909, Firefighter and Fire Officers Units with respect to pension cost sharing and to comply with the California Public Employees’ Retirement System’s (“CalPERS”) requirements to implement these changes. The below changes were agreed to by the Parties and were previously approved by the City Council on April 21, 2026.

In addition to amending the MOUs, the City must also amend its contract with CalPERS for these changes to be effective. To do that, CalPERS requires that each impacted bargaining unit conduct a secret ballot vote on these specific changes. A sample ballot is attached to this Agreement as Exhibit A.

1. Consistent with the Parties’ prior side letter, which was approved by the City Council on April 21, 2026, and subject to the results of a secret ballot vote of each impacted bargaining unit as required by CalPERS, the City shall amend its contract with CalPERS to reflect the below cost- sharing structure:

6.01 Retirement Plan
The City shall continue that contract with the Public Employees’ Retirement System (PERS), and all amendments thereto, which provide retirement benefits to members of the representation unit presently in effect. Effective January 1, 2001, the City amended its contract with the PERS to provide Bargaining Unit employees with the 3% @ 50 retirement formula for PERS Classic members. Effective January 1, 2013, the contract was amended to provide a 2% @ 50 or 2.7% @ 57 retirement formula for PERS PEPRA members.

Optional Benefits, Cost Sharing (PERS Contributions)
(A) Employees Hired Before January 1, 2013
The provisions described in this Section A apply only to CalPERS eligible employees hired before January 1, 2013, or to eligible employees hired after that date who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c). Referred to as CalPERS “Classic Members.”
The City shall continue to provide CalPERS Classic Members with retirement benefits in accordance with the existing contract with PERS, and all amendments to that contract, including:

1. Section 21362.2 – 3% @ 50 Retirement Formula;

2. Section 20042 – Final Compensation one (1) year;

3. Section 20965 – Unused Sick Leave Credit;
Attachment III
158

4. Section 21547.7 – Alternative Death Benefit for Local Fire Members Credited with twenty (20) or More Years of Service;

5. Section 21573 – 1959 Survivor Benefits Level three (3);

6. Section 21329 – 2% Annual Cost-of-Living Allowance Increase;

7. Section 20516 – Member Sharing Cost of Optional Benefit;

8. Section 20903 – Additional Service Credit two (2) Years;

9. Section 21551 – Pre Retirement Death Benefit to Continue after Remarriage;

10. Section 21027 – Military Service Credit for Retired Persons;

11. Section 21024 – Military Service Credit for as Public Service;

12. Section 21635 – Post-Retirement Survivor Allowance to Continue after Remarriage;

13. Section 21624/21626 – Post-Retirement Survivor Allowance;

14. Section 21620 – Retired Death Benefit; and

15. Section 20055 – Prior Service.

Upon implementation of this agreement, “Classic” employees shall continue to pay a total of fifteen percent (15%) of reportable wages to fund employee pensions until such time that a successor agreement is negotiated. This contribution represents the employee’s fifty percent (50%) of normal cost as determined by CalPERS. The balance, if any, of this contribution shall constitute employee payment of a portion of the employer’s fifty percent (50%) of normal cost as determined by CalPERS. The fifteen percent (15%) of reportable wages is comprised of the nine percent (9%) CalPERS published employee rate, plus an additional six percent (6%) contribution to the City’s employer rate that the City would otherwise be required to pay to CalPERS for these employees. The additional Cost Sharing contributions will be deposited into the member’s account along with the statutory 9% contribution.

The term “normal cost” is defined in section 7522.04(g) of the Government Code as “the portion of the present value of projected benefits under the defined benefit that is attributable to the current year of service, as determined by the public retirement system’s actuary according to the most recently completed valuation.” (B) Employees Hired On or After January 1, 2013
This Section B shall apply to CalPERS eligible employees hired on or after January 1, 2013, who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02(c). Referred to as CalPERS “New Members.” The retirement plan for these employees shall be the retirement plan which the City is required to provide for new members pursuant to California Public Employees’ Pension Reform Act of 2013. i. As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply.
ii. As required by Government Code Section 7522.32, for the purposes of determining a retirement benefit for these employees, final compensation shall mean the highest average annual pensionable compensation earned during thirty-six (36) consecutive months of service.

Attachment III
159

iii. As required by Government Code Section 7522.30, employees shall have an initial contribution rate of fifty percent (50%) of the total normal cost rate as defined in Section 7522.04 (g).
iv. Other contracted benefits include:

1. Section 20965 – Unused Sick Leave Credit;

2. Section 21547.7 – Alternative Death Benefit for Local Fire Members Credited with twenty (20) or More Years of Service;

3. Section 21573 – 1959 Survivor Benefits Level three (3);

4. Section 21329 – 2% Annual Cost-of-Living Allowance Increase;

5. Section 20516 – Member Sharing Cost of Optional Benefit;

6. Section 20903 – Additional Service Credit two (2) Years;

7. Section 21551 – Pre-Retirement Death Benefit to Continue after Remarriage;

8. Section 21027 – Military Service Credit for Retired Persons;

9. Section 21024 – Military Service Credit for as Public Service;

10. Section 21635 – Post-Retirement Survivor Allowance to Continue after Remarriage;

11. Section 21624/21626 – Post-Retirement Survivor Allowance;

12. Section 21620 – Retired Death Benefit; and

13. Section 20055 – Prior Service.

New members shall continue to pay a total of fifteen percent (15%) of reportable wages to fund their pension until such time that a successor agreement is negotiated. The fifteen percent (15%) of reportable wages is comprised of the CalPERS published employee rate, plus the additional contribution to the City’s employer rate that the City would otherwise be required to pay to CalPERS for these employees. The additional Cost Sharing contributions will be deposited into the member’s account along with the statutory 50% of normal cost contribution. If during the term of this agreement 50% of the total normal cost rate reaches 15% percent or higher, the parties agree there will be no additional cost share and the members will only pay one-half of the total normal cost rate. Under Section 20516, the additional contributions are as follows:

Effective the pay period including July 1, 2013 3.75%
Effective the pay period including July 1, 2016 5.25%
Effective the pay period including July 1, 2020 4.50%
Following the 2018 Valuation Report, under Section 20516, effective July 1, 2020 employees’ contributing will be adjusted to four and one-half percent (4.50%). If CalPERS enacts a change to the employee rate as reflected in the Annual Valuation Report, the parties will amend this section to ensure it accurately reflects new members pay a total of fifteen percent (15%) of reportable wages to fund their pension. This contribution represents the employee’s fifty percent (50%) of normal cost as determined by CalPERS.

The balance, if any, of this contribution shall constitute employee payment of a portion of the employer’s fifty percent (50%) of normal cost as determined by CalPERS.

Attachment III
160

In no event shall the employee contribution be less than fifty percent (50%) of the total normal cost rate, as required by Government Code Section 7522.30.

2. Upon completion of the secret ballot votes, IAFF, Local 1909 will provide confirmation of the results to the City in writing.

3. If the impacted bargaining units vote in favor of amending the City’s CalPERS contract to reflect these changes, the City shall report these results to CalPERS within three (3) working days of receiving the results from IAFF, Local 1909 and will take all other necessary steps to implement said changes.

4. The Parties will continue to work collaboratively to finalize implementation of these agreed- upon changes.

For Local 1909: For City of Hayward:

Andrew Ghali, Local 1909 President Jennifer Ott, City Manager Jeff Dimick, Local 1909 Representative Burke Dunphy, Chief Negotiator Ian Tecson, Director of Human Resources
Dated_____________________ Dated___________________
Attachment III
161

COMPENSATORY TIME OFF

SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF HAYWARD
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS – LOCAL 1909
This side letter of agreement is entered into by and between the City of Hayward (“City”) and the International Association of Firefighters, Local 1909 (“IAFF, Local 1909”), to confirm the parties’ prior agreement to amend the Memoranda of Understanding (“MOUs”) with both the IAFF, Local 1909, Firefighter and Fire Officers Units with respect to compensatory time off to ensure compliance with the Fair Labor Standards Act and applicable state wage and hour law. The parties’ intent is to align the rate at which accrued but unused compensatory time off is paid upon separation with the requirements of 29 C.F.R. §553.27(b) and not to modify the rate at which any other forms of accrued leave are paid.

1. Effective following City Council adoption of this side letter, the following language shall be added to Section 4.02 of the MOUs:

As set forth above, compensatory time off may be earned in lieu of overtime compensation at the rate of one and one-half (1.5) hours for each hour of overtime worked. Upon separation from employment, an employee shall be paid for all unused compensatory time at the higher of (1) the average regular rate received by the employee during the last three (3) years of employment, or (2) the employee’s final regular rate.

Employees may not accrue more than four hundred and eighty (480) hours of compensatory time off.

2. Effective following City Council adoption of this side letter, Section 13.07 of the Firefighter Unit MOU and Section 13.06 of the Fire Officers Unit MOU shall be deleted in their entirety. [remainder of page left intentionally blank]
Attachment IV
162

3. The Parties mutually agree to this Side Letter of Agreement and that it will be incorporated by reference to the current MOU and run with succeeding MOU, unless incorporated into the body of future agreements.

For Local 1909: For City of Hayward:

Andrew Ghali, Local 1909 President

Jennifer Ott, City Manager
Jeff Dimick, Local 1909 Representative Burke Dunphy, Chief Negotiator

Ian Tecson, Director of Human Resources

Dated_____________________

Dated___________________

Attachment IV
163

PARAMEDIC INTERNSHIP & PRECEPTOR PROGRAM

SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF HAYWARD
AND
HAYWARD FIREFIGHTERS, IAFF LOCAL 1909
This Side Letter of Agreement ("Agreement") is entered into by and between the City of Hayward ("City") and Hayward Firefighters, IAFF Local 1909 ("Union").

1. PURPOSE
The purpose of this Agreement is to establish the terms and conditions governing the implementation of the Paramedic Internship and Preceptor Program within the Hayward Fire Department, including compensation, expectations, and operational impacts.

2. PROGRAM IMPLEMENTATION
The parties agree to implement the Hayward Fire Department Paramedic Internship and Preceptor Program (the Program) consistent with Department guidelines and Alameda County EMS requirements. This program shall be implemented effective February 10, 2025. The Program may be terminated at any time at the sole discretion of the Fire Chief or their designee.

3. INTERN ASSIGNMENTS AND REQUIREMENTS
Paramedic interns may consist of Hayward Fire Department probationary firefighters or external paramedic students participating through an affiliated training program. Interns shall be assigned to frontline apparatus and integrated into daily operations.

Paramedic Interns must:
• Complete between a minimum of 480 to a maximum of 720 hours of field internship training;
• Capstone Field Internship must be completed in the last 120hrs by the same preceptor with 20 team leads per CoAEMSP.
• Complete the minimum of 10 supervised ambulance ride-ins with a transfer of care to a Registered Nurse or higher;
• Perform duties under the supervision of a designated preceptor; and • Function as members of assigned companies, with authority remaining with the Company Officer.

4. PRECEPTOR QUALIFICATIONS
Selection of employees to this assignment is at the sole discretion of the Fire Chief or their designee. Employees assigned as paramedic preceptors must:

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• Possess a valid paramedic license in good standing; and • Have a minimum of two (2) years paramedic experience; and • Successfully complete a County-approved paramedic preceptor training program; and • Be formally designated by the Fire Chief or designee.

5. PRECEPTOR RESPONSIBILITIES
Paramedic preceptors shall:
• Directly supervise interns during patient care and field operations; • Provide instruction, mentorship, and evaluation;
• Ensure interns operate within scope of practice and department standards; • Complete all required documentation and evaluations;
• Maintain final authority and responsibility for patient care decisions; and • Complete the final one hundred twenty (120) hours of internship evaluation.

6. COMPENSATION
Employees assigned as paramedic preceptors shall receive a one-time payment of 8.52 precent of a Step A Firefighter’s monthly salary after they are assigned a paramedic intern.

Compensation shall take place the pay period following their assignment of the intern.The compensation is not reportable compensation to CalPERS. However, if CalPERS regulations change, the City will comply.

7. TERM
This Agreement shall take effect February 10, 2025, and remain in effect until the earlier of (i) modification by mutual written agreement or (ii) termination of the Program by the City.

For Local 1909: For City of Hayward:

__________________________________

___________________________________

Andrew Ghali, Local 1909 President

Dated________________________
Jennifer Ott, City Manager

Dated________________________

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Local 1909, Firefighters and Fire Officers Side Letter of Agreement

SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF HAYWARD
AND

THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
LOCAL 1909 & HAYWARD FIRE OFFICERS ASSOCIATION (HFOA)
Representatives of the City of Hayward and IAFF, Local 1909 have met and conferred in good faith regarding the projected revenue shortfall and budget deficit facing the City of Hayward for FY 2026 27 and temporary measures necessary to address the projected FY2026 27 General Fund shortfall. The parties previously entered into a side letter agreement memorializing efforts to address the City’s FY2025 26 General Fund deficit (the “Original Side Letter”). In partnership to stabilize City finances while maintaining essential fire and emergency services, the parties agree to the terms contained in this Side Letter of Agreement (“Agreement”). The Agreement amends specific provisions of the current Memoranda of Understanding between the City and IAFF, Local 1909, Firefighter and Fire Officers Units, through December 31, 2029 (each a “Current MOU” and collectively, the “Current MOUs”) and the Original Side Letter.

Except where specifically modified below, all other terms of the Current MOUs remain unchanged. Where conflicts exist between this Agreement and prior side letters or MOU language, this Agreement supersedes them for the duration specified. The terms become effective the first full pay period following City Council approval unless otherwise stated.

1. Formal Fiscal Reassessment Process
To ensure transparency, accountability, and joint planning, the parties agree to the following:

A. Bimonthly Fiscal Review Meetings
Beginning January 2026, the parties shall meet every two months to review:

Citywide reserve and cash position
Fire Department sworn overtime expenditures and savings Progress in achieving the 2026 temporary savings targets New or anticipated revenues
B. Formal Reassessment:
a. No later than March 2027, the Parties will reconvene to discuss options for addressing salary increases in FY2027 28, including
i. Capping the survey based salary increases
ii. Splitting implementation of salary increases over time Attachment VI

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Local 1909, Firefighters and Fire Officers Side Letter of Agreement iii. Increasing employee CalPERS contributions
iv. Extending the minimum staffing reduction.
b. By written mutual agreement, the parties may extend temporary modifications described herein beyond June 30, 2027.
c. Nothing in this section waives the Union’s right to negotiate over mandatory subjects of bargaining.
d. The above listed items are topics for discussion and nothing in this section is or shall be construed as an agreement by either Party to any of these options.

2. Temporary Assignment Brownout
a. In addition to the other temporary measures detailed below, the parties agree to brownout the Public Information Officer (PIO) assignment, effective beginning the pay period following City Council approval of this Agreement. This temporary assignment brownout shall sunset on June 30, 2027.

3. Section 4.05 of the Current MOUs will be amended as set forth below:

4.05 Minimum Staffing
Contingent upon continuation of contractual services with Fairview Fire Protection District, the organization and staffing of the Department shall consist of nine (9) engine companies and two (2) truck companies, and one specialized rescue squad. Each engine company and truck company shall be staffed with a minimum complement of three (3): a Captain, an Apparatus Operator and a Firefighter. The specialized rescue company (squad) shall be staffed with a minimum complement of two (2) Firefighters.

Effective January 1, 2025, daily staffing shall consist of a minimum of thirty eight (38) personnel and a combined total of twelve (12) companies, and one (1) specialized rescue squad. Each engine and truck company shall be staffed with three (3) personnel qualified to function in the following roles: one (1) Captain, one (1) Apparatus Operator, and one (1) Firefighter. The specialized rescue squad shall be staffed with a minimum complement of two (2) Firefighters.

Notwithstanding any other provision of this Memorandum of Understanding, the Fire Chief or their designated representative may temporarily decrease for any reason the number of engine companies in active service for a portion of any given day provided that no more than two (2) engine companies are out of service at any one time for a period not to exceed eight (8) hours.

The following procedures will be observed on those occasions when Captains’ meetings or training sessions for Captains are scheduled by the Department. During the course of such meetings or training sessions two (2) engines may be temporarily taken out of service as provided in paragraph two (2) of this section above. Acting Captains and acting Apparatus Operators shall be designated from the on duty platoon and moved to fill vacancies and associated temporary re assignments caused by attendance at the meeting or training session. Acting Captains and acting Apparatus Operators shall be compensated in accordance with Section 7.10 of this Memorandum of Understanding and shall be designated by the Battalion Chief from the respective eligible lists. Off duty personnel will not be recalled to duty on an overtime basis during Captains’ meetings and training sessions for Captains except at the discretion of the Fire Chief.

Before January 1, 2025, i f the contract with the Fairview Fire Protection District is discontinued, minimum staffing shall revert to eight (8) engine companies and two (2) truck companies and from thirty three (33) to thirty (30) staff members. There shall be no demotion as a result of any such reduction in staff except by attrition.

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Local 1909, Firefighters and Fire Officers Side Letter of Agreement Effective January 1, 2025, if the contract with the Fairview Fire Protection District is discontinued, minimum staffing shall revert to a combined total of eleven (11) companies and one (1) specialized rescue squad and from thirty eight (38) to thirty five (35) staff members. There shall be no demotion as a result of any such reduction in staff except by attrition.

Notwithstanding the foregoing, the following provisions shall be effective beginning in the pay period including City Council adoption of this Agreement and shall sunset on June 30, 2027, unless the Parties mutually agree in writing to extend or modify this Agreement:
1) The following companies shall be temporarily browned out:
a. Engine 11: One (1) Captain, One (1) Apparatus Operator, One (1) Firefighter b. Squad 2: Two (2) Firefighters
2) Minimum daily staffing shall be thirty three (33) personnel with a combined total of eleven (11) companies, reflecting the temporary brownouts listed above. 3) No promotions will be rescinded, and no employees shall be demoted as a result of the suppression company (Engine 11 and Squad 2) temporary brownouts set forth above. 4) All affected personnel will be reclassified for calendar year 2026 into:
a. Route Captain
b. Route Apparatus Operator
c. Route Firefighter
5) For the period of January 1, 2026 through June 30, 2027, the Fairview Fire Protection District contingency language will be updated as follows:

If the contract with the Fairview Fire Protection District is discontinued, minimum staffing shall revert to eight (8) engine companies and two (2) truck companies and from thirty three (33) to thirty (30) staff members. There shall be no demotion as a result of any such reduction in staff except by attrition.
6) All other language in this section regarding acting assignments, captains’ meetings, and training, contingencies remains unchanged.

4. Section 6.01 of the Current MOUs will be amended as set forth below:

6.01 Retirement Plan
The City shall continue that contract with the Public Employees’ Retirement System (PERS), and all amendments thereto, which provide retirement benefits to members of the representation unit presently in effect. Effective January 1, 2001, the City amended its contrac t with the PERS to provide Bargaining Unit employees with the 3% @ 50 retirement formula for PERS Classic members. Effective January 1, 2013, the contract was amended to provide a 2% @ 50 or 2.7% @ 57 retirement formula for PERS PEPRA members.

Optional Benefits, Cost Sharing (PERS Contributions)
(A) Employees Hired Before January 1, 2013
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Local 1909, Firefighters and Fire Officers Side Letter of Agreement The provisions described in this Section A apply only to CalPERS eligible employees hired before January 1, 2013, or to eligible employees hired after that date who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c). Referred to as CalPERS “Classic Members.” The City shall continue to provide CalPERS Classic Me mbers with retirement benefits in accordance with the existing contract with PERS, and all amendments to that contract, including:

1. Section 21362.2 – 3% @ 50 Retirement Formula;

2. Section 20042 – Final Compensation one (1) year;

3. Section 20965 – Unused Sick Leave Credit;

4. Section 21547.7 – Alternative Death Benefit for Local Fire Members Credited with twenty (20) or More Years of Service;

5. Section 21573 – 1959 Survivor Benefits Level three (3);

6. Section 21329 – 2% Annual Cost
of Living Allowance Increase;

7. Section 20516 – Member Sharing Cost of Optional Benefit;

8. Section 20903 – Additional Service Credit two (2) Years;

9. Section 21551 – Pre Retirement Death Benefit to Continue after Remarriage;

10. Section 21027 – Military Service Credit for Retired Persons;

11. Section 21024 – Military Service Credit for as Public Service;

12. Section 21635 – Post Retirement Survivor Allowance to Continue after Remarriage;

13. Section 21624/21626 – Post Retirement Survivor Allowance;

14. Section 21620 – Retired Death Benefit; and

15. Section 20055 – Prior Service.

Upon implementation of this agreement, “Classic” employees shall continue to pay a total of fifteen percent (15%) of reportable wages to fund employee pensions until such time that a successor agreement is negotiated. This contribution represents the employee’s fifty percent (50%) of normal cost as determined by CalPERS. The balance, if any, of this contribution shall constitute employee payment of a portion of the employer’s fifty percent (50%) of normal cost as determined by CalPERS. The fifteen percent (15%) of reportable wages is comprised of the nine percent (9%) mandated CalPERS published employee rate, plus an additional six percent (6%) employee contribution under Government Code Section 20516 Cost Sharing into the employee’s account that will reduce the City contribution by 6% that would otherwise be required to pay to CalPERS for these employees.

The term “normal cost” is defined in section 7522.04(g) of the Government Code as “the portion of the present value of projected benefits under the defined benefit that is attributable to the current year of service, as determined by the public retirement system’s actuary according to the most recently completed valuation.”
(B) Employees Hired On or After January 1, 2013
This Section B shall apply to CalPERS eligible employees hired on or after January 1, 2013, who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02(c). Referred to as CalPERS “New Members.” The retirement plan for these employees shall be the retirement plan which the City is required to provide for new members pursuant to California Public Employees’ Pension Reform Act of 2013.
i. As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply.

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Local 1909, Firefighters and Fire Officers Side Letter of Agreement ii. As required by Government Code Section 7522.32, for the purposes of determining a retirement benefit for these employees, final compensation shall mean the highest average annual pensionable compensation earned during thirty six (36) consecutive months of service. iii. As required by Government Code Section 7522.30, employees shall have an initial contri bution rate of fifty percent (50%) of the total normal cost rate as defined in Section 7522.04 (g). iv. Other contracted benefits include:

1. Section 20965 – Unused Sick Leave Credit;

2. Section 21547.7 – Alternative Death Benefit for Local Fire Members Credited with twenty (20) or More Years of Service;

3. Section 21573 – 1959 Survivor Benefits Level three (3);

4. Section 21329 – 2% Annual Cost
of Living Allowance Increase;

5. Section 20516 – Member Sharing Cost of Optional Benefit;

6. Section 20903 – Additional Service Credit two (2) Years;

7. Section 21551 – Pre Retirement Death Benefit to Continue after Remarriage;

8. Section 21027 – Military Service Credit for Retired Persons;

9. Section 21024 – Military Service Credit for as Public Service;

10. Section 21635 – Post Retirement Survivor Allowance to Continue after Remarriage;

11. Section 21624/21626 – Post Retirement Survivor Allowance;

12. Section 21620 – Retired Death Benefit; and

13. Section 20055 – Prior Service.

New members shall continue to pay a total of fifteen percent (15%) of reportable wages to fund their pension until such time that a successor agreement is negotiated. The fifteen percent (15%) of reportable wages is comprised of the CalPERS published employee rate, plus the additional contribution to the City’s employer rate that the City would otherwise be required to pay to CalPERS for these employees. Under Section 20516, the additional contributions are as follows:

Effective the pay period including July 1, 2013 3.75%
Effective the pay period including July 1, 2016 5.25%
Effective the pay period in cluding July 1, 2020 4.50%
Following the 2018 Valuation Report, under Section 20516, effective July 1, 2020, employees’ contributing contribution will be adjusted to four and one half percent (4.50%). If CalPERS enacts a change to the employee rate as reflected in the Annual Valuation Report, the parties will amend this section to ensure it accurately reflects new members pay a total of fifteen percent (15%) of reportable wages to fund their pension. This contribution represents the employee’s fifty percent (50%) of normal cost as determined by CalPERS. The balance, if any, of this contribution shall constitute employee payment of a portion of the employer’s fifty percent (50%) of normal cost as determined by CalPERS.

In no event shall the employee contribution be less than fifty percent (50%) of the total normal cost rate, as required by Government Code Section 7522.30.

Attachment VI