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City Council

Regular Meeting

Hayward, CA · April 7, 2020

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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, April 7, 2020 7:00 PM Remote Participation SPECIAL CITY COUNCIL MEETING This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order No. 29-20 dated March 17, 2020, and Alameda County Health Officer Order No. 20-04 dated March 31, 2020, regarding the COVID-19 pandemic. CALL TO ORDER Present: 7- Council Member Francisco Zermeno, Council Member Elisa Marquez, Council Member Al Mendall, Council Member Sara Lamnin, Council Member Aisha Wahab, Council Member Mark Salinas, and Mayor Barbara Halliday ROLL CALL PUBLIC COMMENTS Limited Only to Items on the Agenda. CONSENT Consent Item No. 3 was removed from the agenda for separate vote. Approval of the Consent Calendar A motion was made by Council Member Márquez, seconded by Council Member Lamnin, to approve the Consent Calendar. The motion carried by the following vote: Aye: 7- Council Member Zermeno, Council Member Marquez, Council Member Mendall, Council Member Lamnin, Council Member Wahab, Council Member Salinas, and Mayor Halliday 1. Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2020 This Consent was approved. 2. Adopt a Resolution Authorizing the City Manager to Amend the Contract with Delta Engineering Sales, LLC, to an Amount Not-to-Exceed $10,748,182 to Purchase and Install Additional Water Meter Materials for the Advanced Metering Infrastructure Project No. 07025 This Consent was approved. CITY OF HAYWARD Page 1 Tuesday, April 7, 2020 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes April 7, 2020 3. Adopt a Resolution Approving Plans and Specifications and Call for Bids for the Sulphur Creek Mitigation Project at Hayward Executive Airport A motion was made by Council Member Mendall, seconded by Council Member Zermeño, to approve staff's recommendation. The motion carried by the following vote: LEGISLATIVE BUSINESS 4. Repeal and Replacement of Temporary Moratorium on Evictions: Repeal of Existing Moratorium and Adoption of Emergency Ordinance Establishing a Temporary Moratorium on Residential and Commercial Evictions in the City of Hayward for Non-Payment of Rent or Mortgage Payments Caused by the Coronavirus (COVID-19) Pandemic to Include Prohibitions on Commercial Evictions, Lender Evictions of Homeowners, and Retaliation against Tenants (Report from City Manager McAdoo) A motion was made by Council Member Lamnin, seconded by Council Member Mendall, to approve staff's recommendation with an amendment to add clarifying language to Section 7 of the ordinance relating to criminal penalties for violation. The motion carried by the following vote: Aye: 7- Council Member Zermeno, Council Member Marquez, Council Member Mendall, Council Member Lamnin, Council Member Wahab, Council Member Salinas, and Mayor Halliday 5. Minimum Wage Ordinance: Introduce an Ordinance to Amend Chapter 6 “Minimum Wage Ordinance” of the City of Hayward Municipal Code Delaying the Implementation Date and Modifying the Yearly Adjustment Date for Increases in Response to Significant Impacts to Businesses Caused by the COVID-19 Pandemic (Report from City Manager McAdoo) A motion was made by Council Member Mendall, seconded by Council Member Salinas, to approve staff's recommendation. The motion carried by the following vote: Aye: 4- Council Member Marquez, Council Member Mendall, Council Member Salinas, and Mayor Halliday Nay: 3- Council Member Zermeno, Council Member Lamnin, and Council Member Wahab ADJOURNMENT Mayor Halliday adjourned the special meeting at 10:48 p.m. CITY OF HAYWARD Page 2 Tuesday, April 7, 2020 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, April 7, 2020 7:00 PM Remote Participation SPECIAL CITY COUNCIL MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order No. 29-20 dated March 17, 2020, and Alameda County Health Officer Order No. 20-04 dated March 31, 2020, regarding the COVID-19 pandemic. How to observe the Meeting: 1. Comcast Channel 15 2. Live stream https://hayward.legistar.com/Calendar.aspx 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. eComments received after 3:00 p.m. through the adjournment of the meeting will be included as a part of the meeting record and published the following day. 2. Send an email to List-Mayor-Council@hayward-ca.gov 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. How to provide spoken Public Comment during the City Council Meeting: 1. Call the City Clerk at (510) 583-4400 prior to the close of public comment on an item as indicated by the Mayor. CALL TO ORDER ROLL CALL CITY OF HAYWARD Page 1 Tuesday, April 7, 2020 City Council Agenda April 7, 2020 PUBLIC COMMENTS Limited Only to Items on the Agenda. 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. CONS 20-187 Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2020 Attachments: Attachment I Staff Report Attachment II Resolution Attachment III FY 2020 Salary Plan 2. CONS 20-192 Adopt a Resolution Authorizing the City Manager to Amend the Contract with Delta Engineering Sales, LLC, to an Amount Not-to-Exceed $10,748,182 to Purchase and Install Additional Water Meter Materials for the Advanced Metering Infrastructure Project No. 07025 Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Quote 3. CONS 20-196 Adopt a Resolution Approving Plans and Specifications and Call for Bids for the Sulphur Creek Mitigation Project at Hayward Executive Airport Attachments: Attachment I Staff Report Attachment II Resolution CITY OF HAYWARD Page 2 Tuesday, April 7, 2020 City Council Agenda April 7, 2020 LEGISLATIVE BUSINESS 4. LB 20-016 Repeal and Replacement of Temporary Moratorium on Evictions: Repeal of Existing Moratorium and Adoption of Emergency Ordinance Establishing a Temporary Moratorium on Residential and Commercial Evictions in the City of Hayward for Non-Payment of Rent or Mortgage Payments Caused by the Coronavirus (COVID-19) Pandemic to Include Prohibitions on Commercial Evictions, Lender Evictions of Homeowners, and Retaliation against Tenants (Report from City Manager McAdoo) Attachments: Attachment I Staff Report Attachment II Ordinance 5. LB 20-015 Minimum Wage Ordinance: Introduce an Ordinance to Amend Chapter 6 “Minimum Wage Ordinance” of the City of Hayward Municipal Code Delaying the Implementation Date and Modifying the Yearly Adjustment Date for Increases in Response to Significant Impacts to Businesses Caused by the COVID-19 Pandemic (Report from City Manager McAdoo) Attachments: Attachment I Staff Report Attachment II Proposed Ordinance Attachment III Employer Cost Comparison Attachment IV Business and Employee Demographics 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 AND ANNOUNCEMENTS Oral reports from Council Members on their activities, referrals to staff, and suggestions for future agenda items. 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. CITY OF HAYWARD Page 3 Tuesday, April 7, 2020 City Council Agenda April 7, 2020 ADJOURNMENT NEXT MEETING, April 21, 2019, 7:00 PM PUBLIC COMMENT RULES Any member of the public desiring to address the Council shall limit her/his address 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. 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. 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. Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400. CHILDCARE WILL NOT BE PROVIDED UNTIL FURTHER NOTICE DUE TO COUNTYWIDE SHELTER-IN- PLACE ORDER. CITY OF HAYWARD Page 4 Tuesday, April 7, 2020

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