City Council
Regular MeetingHayward, CA · July 19, 2016
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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