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City Council

Regular Meeting

Hayward, CA · July 19, 2016

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Minutes

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Action Minutes City Council Tuesday, July 19, 2016 7:00 PM Council Chambers CITY COUNCIL MEETING CALL TO ORDER Pledge of Allegiance: Council Member Peixoto ROLL CALL Present: 7- Council Member Francisco Zermeno, Council Member Al Mendall, Council Member Marvin Peixoto, Council Member Sara Lamnin, Council Member Elisa Marquez, Mayor Barbara Halliday, and Council Member Mark Salinas CLOSED SESSION ANNOUNCEMENT City Attorney Lawson announced that the City Council convened in closed session at 5:00 p.m., and at the beginning of the session the Council by unanimous vote approved to add a litigation item pursuant to Government Code 54954 (b) (2) related to Consent Item No. 14. Mr. Lawson noted that the Council did not discuss the two pending litigations listed on the agenda. Mayor Halliday announced that the Council convened in closed session on Thursday, July 14, 2016 and also during tonight’s closed scheduled concerning public employment pursuant to Government Code 54957. Mayor Halliday was pleased to announce that the Council unanimously decided to appoint Assistant City Manager, Kelly McAdoo, as the new City Manager effective August 1, 2016, with a contract to be approved on September 13, 2016. PUBLIC COMMENTS Mr. Rich Essi Ms. Asia Denman Mr. Tom Silva Council Member Márquez CONSENT Consent Item Nos. 3 and 8 were removed for discussion. Approval of the Consent Calendar A motion was made by Council Member Mendall, seconded by Council Member Márquez, to approve the Consent calendar. The motion carried by the following vote: Aye: 7- Council Member Zermeno, Council Member Mendall, Council Member Peixoto, Council Member Lamnin, Council Member Marquez, Mayor Halliday, and Council Member Salinas CITY OF HAYWARD Page 1 Tuesday, July 19, 2016 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes July 19, 2016 1. Minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority Meeting on June 28, 2016 Consent Item approved. 2. Minutes of the City Council Meeting on July 5, 2016 Consent Item approved. 3. Authorization to Renew a Rental Housing Subsidy Grant Agreement with Abode Services to Provide Rental Assistance to Emancipated Youth through “Project Independence” and to Utilize HOME Funds for that Purpose A motion was made by Council Member Zermeno, seconded by Council Member Peixoto, to approve the staff recommendation. The motion carried by the following vote: Aye: 6- Council Member Zermeno, Council Member Mendall, Council Member Peixoto, Council Member Marquez, Mayor Halliday, and Council Member Salinas Nay: 1- Council Member Lamnin 4. Report and Special Assessment for Residential Rental Inspection Program Fees Past Due Consent Item approved. 5. Report and Assessment for Community Preservation Fees Past Due Consent Item approved. 6. Report and Assessment for Delinquent Garbage Bills Incurred by Property Owners of Single-Family Households Consent Item approved. 7. Report and Special Assessment for Delinquent Sewer Bills and Water Bills Incurred by Property Owners Consent Item approved. 8. Mission Boulevard and Blanche Street & Gading Road and Huntwood Way Intersections Safety Improvements: Award of Contract Item continued to a date uncertain. 9. Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Ground Lease with Meridian Aviation, Inc. Consent Item approved. CITY OF HAYWARD Page 2 Tuesday, July 19, 2016 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes July 19, 2016 10. Resolution of the City Council of the City of Hayward Authorizing the City Manager to Negotiate and Execute an Agreement Between the City of Hayward and Tyler Technologies Inc. to Continue the Standard Software Maintenance Support Services Agreement Consent Item approved. 11. Resolution of the City Council of the City Of Hayward Authorizing the City Manager to Negotiate and Execute a Change Order for the Network Infrastructure Replacement Project With LookingPoint, Inc. Consent Item approved. 12. Adoption of Ordinance Amending Chapter 10, Article 1 of the Hayward Municipal Code by Rezoning Certain Property in Connection with Zone Change Application No. 201600059 Relating to the Construction of Twenty Detached Single-Family Homes at 25906 Gading Road Consent Item approved. 13. Adoption of Ordinance Amending Chapter 10, Article 1 of the Hayward Municipal Code by Rezoning Certain Property in Connection with Zone Change Application No. 201601906 Relating to a Parcel of Land Located at 619 Shepherd Avenue Consent Item approved. 14. Adoption of Ordinance Amending 2(l)(2) of the City of Hayward Residential Rent Stabilization Ordinance Clarifying the Exemption Applicable to Units Financed or Insured by a Federal, State or Local Agency Consent Item approved. 15. Approval of Final Map Tract 8226 - Brookwood Development - Associated with the Previously Approved Vesting Tentative Tract Map and Proposed Development of 18 Single Family Detached Homes on a 1.96 acre site at 24178 Saklan Avenue in the Mount Eden Area; Lenox Homes (Applicant), Ronald and Ray Depina (Owner) Consent Item approved. 16. Runway 10R-28L Rehabilitation Project at Hayward Executive Airport: Award of Contract Consent Item approved. 17. Approval of a Second Amendment to the Exclusive Right to Negotiate Agreement with William Lyon Homes, Inc. for a Proposed Development Located in South Hayward near Dixon and Valle Vista Avenues Consent Item approved. CITY OF HAYWARD Page 3 Tuesday, July 19, 2016 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes July 19, 2016 WORK SESSION 18. Overview of Seismic Retrofits for Soft Story Buildings (Report from Development Services Director Rizk) Information Only PUBLIC HEARING Council Member Marquez disclosed she needed to recuse from participating on Hearing Item No. 22 because of a conflict of interest with her family business and she left the Council Chambers at approximately 8:35 p.m. 19. Adopt Resolutions to Approve the Engineer's Report, Reconfirm Base Maximum Assessment Amount, Confirm the Assessment Diagram and Fiscal Assessment, Order the Levy and Collection of Fiscal Assessments, and Approve Funding Recommendations and Appropriate Special Revenue Funds for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane - for Fiscal Year 2017 (Report from Development Services Director Rizk) A motion was made by Council Member Peixoto, seconded by Council Member Márquez, to approve the staff recommendation. The motion carried by the following vote: Aye: 7- Council Member Zermeno, Council Member Mendall, Council Member Peixoto, Council Member Lamnin, Council Member Marquez, Mayor Halliday, and Council Member Salinas 20. Adopt Resolutions to Approve the Engineer’s Report, Confirm the Assessment Diagram and Assessment, Order the Levy and Collection of Assessments, and Approve Funding Recommendations, and Appropriate Special Revenue Funds for Maintenance District No. 2 - Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2017 (Report from Development Services Director Rizk) A motion was made by Council Member Peixoto, seconded by Council Member Zermeño, to approve the staff recommendation. The motion carried by the following vote: Aye: 7- Council Member Zermeno, Council Member Mendall, Council Member Peixoto, Council Member Lamnin, Council Member Marquez, Mayor Halliday, and Council Member Salinas 21. Adopt Resolutions to Approve the Engineer’s Report, Reconfirm Maximum Base Assessments, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Approve Funding Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 13, for Fiscal Year 2017 (Report from Development Services Director Rizk) A motion was made by Council Member Márquez, seconded by Council Member Mendall, to approve the staff recommendation. The motion carried by the following vote: Aye: 7- Council Member Zermeno, Council Member Mendall, Council Member Peixoto, Council Member Lamnin, Council Member Marquez, Mayor Halliday, and Council Member Salinas CITY OF HAYWARD Page 4 Tuesday, July 19, 2016 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes July 19, 2016 22. Approval of an Application for and Authorization for the City Manager to Accept an Application for a Mills Act Historical Property Contract for the Property Located at 22654 Main Street (Report from Assistant City Manager McAdoo) A motion was made by Council Member Mendall, seconded by Council Member Zermeño, to approve the staff recommendation. The motion carried by the following vote: Aye: 6- Council Member Zermeno, Council Member Mendall, Council Member Peixoto, Council Member Lamnin, Mayor Halliday, and Council Member Salinas Absent: 1- Council Member Marquez Council Member Márquez returned to the Council Chamber dais at 8:50 p.m. LEGISLATIVE BUSINESS 23. General Plan Implementation Annual Report (Report from Development Services Director Rizk) Information Only. 24. Submission of Cannabis Tax Measure to Hayward Voters on November 8, 2016 (Report will be available Friday afternoon on July 15, 2016) A motion was made by Council Member Zermeño, seconded by Council Member Mendall, to approve the staff recommendation with ballot language modifications to be confirmed on July 26, 2016. The motion carried by the following vote: Aye: 7- Council Member Zermeno, Council Member Mendall, Council Member Peixoto, Council Member Lamnin, Council Member Marquez, Mayor Halliday, and Council Member Salinas ADJOURNMENT Mayor Halliday adjourned the meeting at 10:27 p.m., in memory of Mary Nunez. CITY OF HAYWARD Page 5 Tuesday, July 19, 2016 A copy of the official minutes is available by contacting the Office of the City Clerk.

Agenda

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Agenda City Council Tuesday, July 19, 2016 7:00 PM Council Chambers CITY COUNCIL MEETING CALL TO ORDER Pledge of Allegiance: Council Member Peixoto ROLL CALL CLOSED SESSION ANNOUNCEMENT Thursday, July 14, 2016 Tuesday, July 19, 2016 PUBLIC COMMENTS The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Work Session or Information Items. The Council welcomes your 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, your item will be taken under consideration and may be referred to staff. 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 1. MIN 16-063 Minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority Meeting on June 28, 2016 Attachments: Attachment I Draft Minutes of June 28, 2016 2. MIN 16-064 Minutes of the City Council Meeting on July 5, 2016 Attachments: Attachment I Draft Minutes of July 5, 2016 CITY OF HAYWARD Page 1 Tuesday, July 19, 2016 City Council Agenda July 19, 2016 3. CONS 16-254 Authorization to Renew a Rental Housing Subsidy Grant Agreement with Abode Services to Provide Rental Assistance to Emancipated Youth through “Project Independence” and to Utilize HOME Funds for that Purpose Attachments: Attachment I Resolution 4. CONS 16-379 Report and Special Assessment for Residential Rental Inspection Program Fees Past Due Attachments: Attachment I Resolution Attachment II RRIP Special Assessment Summary 5. CONS 16-382 Report and Assessment for Community Preservation Fees Past Due Attachments: Attachment I Resolution Attachment II Community Preservation Summary Attachment III Weed Abatement Summary 6. CONS 16-383 Report and Assessment for Delinquent Garbage Bills Incurred by Property Owners of Single-Family Households Attachments: Attachment I Draft Resolution Attachment II List Delinquent Garbage Bills 7. CONS 16-384 Report and Special Assessment for Delinquent Sewer Bills and Water Bills Incurred by Property Owners Attachments: Attachment I Draft Resolution Atttachment II Delinquent Water and or Sewer Charges 8. CONS 16-388 Mission Boulevard and Blanche Street & Gading Road and Huntwood Way Intersections Safety Improvements: Award of Contract Attachments: Attachment I Resolution Attachment II Project Map Attachment III Bid Summary 9. CONS 16-404 Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Ground Lease with Meridian Aviation, Inc. Attachments: Attachment I Resolution Attachment II Meridian Aviation Site Map CITY OF HAYWARD Page 2 Tuesday, July 19, 2016 City Council Agenda July 19, 2016 10. CONS 16-407 Resolution of the City Council of the City of Hayward Authorizing the City Manager to Negotiate and Execute an Agreement Between the City of Hayward and Tyler Technologies Inc. to Continue the Standard Software Maintenance Support Services Agreement Attachments: Attachment I Renewal Resolution 11. CONS 16-410 Resolution of the City Council of the City Of Hayward Authorizing the City Manager to Negotiate and Execute a Change Order for the Network Infrastructure Replacement Project With LookingPoint, Inc. Attachments: Attachment I Network Refresh Change Order Resolution 12. CONS 16-413 Adoption of Ordinance Amending Chapter 10, Article 1 of the Hayward Municipal Code by Rezoning Certain Property in Connection with Zone Change Application No. 201600059 Relating to the Construction of Twenty Detached Single-Family Homes at 25906 Gading Road Attachments: Attachment I Summary of Ordinance Published on 7/15/2016 Attachment II Revised Exhibit B 13. CONS 16-414 Adoption of Ordinance Amending Chapter 10, Article 1 of the Hayward Municipal Code by Rezoning Certain Property in Connection with Zone Change Application No. 201601906 Relating to a Parcel of Land Located at 619 Shepherd Avenue Attachments: Attachment I Summary of Ordinance Published on 7/15/2016 14. CONS 16-415 Adoption of Ordinance Amending 2(l)(2) of the City of Hayward Residential Rent Stabilization Ordinance Clarifying the Exemption Applicable to Units Financed or Insured by a Federal, State or Local Agency Attachments: Attachment I Summary of Ordinance Published on 7/15/2016 CITY OF HAYWARD Page 3 Tuesday, July 19, 2016 City Council Agenda July 19, 2016 15. CONS 16-416 Approval of Final Map Tract 8226 - Brookwood Development - Associated with the Previously Approved Vesting Tentative Tract Map and Proposed Development of 18 Single Family Detached Homes on a 1.96 acre site at 24178 Saklan Avenue in the Mount Eden Area; Lenox Homes (Applicant), Ronald and Ray Depina (Owner) Attachments: Attachment I Resolution Tract 8226 Attachment II Vicinity Map Attachment III Site Map 16. CONS 16-420 Runway 10R-28L Rehabilitation Project at Hayward Executive Airport: Award of Contract Attachments: Attachment I Resolution Attachment II Map of Project Attachment III Bid Summary 17. CONS 16-424 Approval of a Second Amendment to the Exclusive Right to Negotiate Agreement with William Lyon Homes, Inc. for a Proposed Development Located in South Hayward near Dixon and Valle Vista Avenues Attachments: Attachment I Resolution Attachment II Property Map Attachment III Property Map Key WORK SESSION Work Session items are non-action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda. 18. WS 16-010 Overview of Seismic Retrofits for Soft Story Buildings (Report from Development Services Director Rizk) Attachments: Attachment I Map Attachment II Suggested Timeline CITY OF HAYWARD Page 4 Tuesday, July 19, 2016 City Council Agenda July 19, 2016 PUBLIC HEARING 19. PH 16-068 Adopt Resolutions to Approve the Engineer's Report, Reconfirm Base Maximum Assessment Amount, Confirm the Assessment Diagram and Fiscal Assessment, Order the Levy and Collection of Fiscal Assessments, and Approve Funding Recommendations and Appropriate Special Revenue Funds for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane - for Fiscal Year 2017 (Report from Development Services Director Rizk) Attachments: Attachment I Resolution Approving Engineer's Report Attachment II Resolution Approving Funding Attachment III Engineer Report 20. PH 16-071 Adopt Resolutions to Approve the Engineer’s Report, Confirm the Assessment Diagram and Assessment, Order the Levy and Collection of Assessments, and Approve Funding Recommendations, and Appropriate Special Revenue Funds for Maintenance District No. 2 - Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2017 (Report from Development Services Director Rizk) Attachments: Attachment I Resolution Approving Engineer's Report Attachment II Resolution Approving Funding Attachment III Engineer Report 21. PH 16-072 Adopt Resolutions to Approve the Engineer’s Report, Reconfirm Maximum Base Assessments, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Approve Funding Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 13, for Fiscal Year 2017 (Report from Development Services Director Rizk) Attachments: Attachment I Resolution Approving Engineer's Report Attachment II Resolution Approving Funding Attachment III Engineer Report CITY OF HAYWARD Page 5 Tuesday, July 19, 2016 City Council Agenda July 19, 2016 22. PH 16-075 Approval of an Application for and Authorization for the City Manager to Accept an Application for a Mills Act Historical Property Contract for the Property Located at 22654 Main Street (Report from Assistant City Manager McAdoo) Attachments: Attachment I Resolution LEGISLATIVE BUSINESS 23. LB 16-083 General Plan Implementation Annual Report (Report from Development Services Director Rizk) Attachments: Attachment I General Plan Implementation Progress Summary 24. LB 16-087 Submission of Cannabis Tax Measure to Hayward Voters on November 8, 2016 (Report will be available Friday afternoon on July 15, 2016) Attachments: Attachment I Resolution Attachment II Key Dates and Deadlines 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. COUNCIL REPORTS, REFERRALS, AND FUTURE AGENDA ITEMS Oral reports from Council Members on their activities, referrals to staff, and suggestions for future agenda items. ADJOURNMENT NEXT SPECIAL MEETING - Board/Commissions/Committee/Task Force Interviews, Tuesday, July 26, 2016 PUBLIC COMMENT RULES The Mayor may, at the beginning of the hearing, limit testimony to three (3) minutes per individual and five (5) minutes per an individual representing a group of citizens or organization. Speakers will be asked for their name before speaking and are expected to honor the allotted time. Speaker Cards are available from the City Clerk at the meeting. PLEASE TAKE NOTICE That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing. CITY OF HAYWARD Page 6 Tuesday, July 19, 2016 City Council Agenda July 19, 2016 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 website and on Cable Channel 15, KHRT. *** 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 TDD (510) 247-3340. CITY OF HAYWARD Page 7 Tuesday, July 19, 2016

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