City Council

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Agenda City Council Tuesday, November 16, 2021 5:00 PM Council Chamber and Zoom CONCURRENT GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD AND CITY COUNCIL MEETING NOTICE: The City Council will hold a hybrid meeting (in Council Chamber and Virtual Platform via Zoom). All in-person participants will be required to provide proof of vaccination and wear a face covering. 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 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. 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: Complete the online speaker card at the Council Chamber entrance or click the link below: https://hayward.zoom.us/j/83074838906?pwd=ZkhGQjM5Y3Iyc1c0R0g2a3JKOHNrdz09 Meeting ID: 830 7483 8906 Passcode: CC11/16@5p or Dial: + 1 669 900 6833 or +1 253 215 8782 Meeting ID: 830 7483 8906 Password: 7220704250 A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CITY OF HAYWARD Page 1 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 CONCURRENT HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD AND HAYWARD CITY COUNCIL MEETING CALL TO ORDER: Mayor/GHAD Board Chair Halliday Pledge of Allegiance: Council/GHAD Board Member Márquez ROLL CALL SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY SERVICES COMMISSION LEGISLATIVE BUSINESS 1. LB 21-048 Recommendation from Community Services Commission to Hayward City Council to Adopt a Resolution Apologizing to Black, Indigenous, and People of Color and Latinx Community Members on Behalf of the City of Hayward for Its Implicit and Explicit Role in Perpetuating Historical Institutional Racism in the City of Hayward and Review the Attached Workplan (Report from City Manager McAdoo) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Workplan Adjourn to Hayward Geologic Hazard Abatement District (GHAD) Board of Directors Meeting CITY OF HAYWARD Page 2 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) BOARD OF DIRECTORS MEETING PUBLIC COMMENTS The Public Comment section provides an opportunity to address the GHAD Board on items not listed on the agenda. As the GHAD Board is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to GHAD staff. CONSENT 1. MIN 21-149 Approve the Hayward Geologic Hazard Abatement District Board Minutes of the Special Meeting on May 25, 2021 Attachments: Attachment I Draft GHAD Minutes of 5/25/2021 2. MIN 21-150 Approve the Hayward Geologic Hazard Abatement District Board Minutes of the Special Meeting on October 26, 2021 Attachments: Attachment I Draft GHAD Minutes of 10/26/2021 PUBLIC HEARING 3. PH 21-097 Hearing to Adopt Resolution 21-03 Approving the Annexation of the Hayward SoMi Development into the Hayward GHAD and Approving the Draft Hayward SoMi Development Plan of Control (Report from GHAD Manager Harrell) Attachments: Attachment I Staff Report Attachment II GHAD Resolution 21-03 Attachment III Petition GHAD Manager's Report An oral report from the GHAD Manager on ongoing activities, events, or other items of general interest to the GHAD and the public, if any. GHAD Boardmembers’ Reports, Referral, and Future Agenda Items Oral reports from GHAD Boardmembers on their activities, referrals to GHAD staff, and suggestions for future agenda items, if any. Next Meeting: No future meetings are scheduled at this time. All future meetings will be noticed. The Hayward Geologic Hazard Abatement District Board of Directors Adjourns and Reconvenes into the Meeting of the City Council. CITY OF HAYWARD Page 3 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 CITY COUNCIL MEETING PRESENTATION Legislative Updates by Assemblymember Bill Quirk PUBLIC COMMENTS The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information 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. 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. 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 21-151 Approve City Council Minutes of the Special City Council Meeting on October 26, 2021 Attachments: Attachment I Draft Minutes of 10/26/2021 2. MIN 21-152 Approve City Council Minutes of the City Council Meeting on November 2, 2021 Attachments: Attachment I Draft Minutes of 11/02/2021 3. CONS 21-592 Adopt an Ordinance Opting-In to the Alameda County Waste Management Authority’s Organics Reduction and Recycling Ordinance Attachments: Attachment I Staff Report Attachment II Summary of Published Ordinance CITY OF HAYWARD Page 4 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 4. CONS 21-597 Adopt a Resolution Accepting the Resignation of Mr. Adam Murphy from the Keep Hayward Clean and Green Task Force Effective Immediately Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Resignation Letter 5. CONS 21-590 Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Cooperating Agreement with East Bay Municipal Utility District to Prepare a Groundwater Sustainability Plan for the East Bay Plain Subbasin Attachments: Attachment I Staff Report Attachment II Resolution 6. CONS 21-591 Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the Mission Boulevard Linear Park Landscape Project Attachments: Attachment I Staff Report Attachment II Resolution 7. CONS 21-594 Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement for a Term of Five Years with LookingPoint for Implementation of Software Defined Network (SD-WAN) in an Amount Not-to-Exceed $1,000,708 Attachments: Attachment I Staff Report Attachment II Resolution 8. CONS 21-595 Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with ICF Incorporated, L.L.C., for Review and Update of Hayward’s Cannabis Program, and Increasing the Compensation Amount Not-to-Exceed $352,935 Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Scope of Services CITY OF HAYWARD Page 5 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 9. CONS 21-605 Adopt a Resolution 1) Authorizing the City Manager to Execute an Agreement with the State of California Department of Housing and Community Development for $662,000 for the City of Hayward Navigation Center; 2) Accept and Appropriate State Funds; and 3) Reallocate Realized Savings to Mid-County Housing Resource Center (HRC) for Flexible Funding Administration Attachments: Attachment I Staff Report Attachment II Resolution 10. CONS 21-600 Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361 Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Exhibit A 11. CONS 21-624 Adopt a Resolution Declaring the Week of November 14-21, 2021 as United Against Hate Week Attachments: Attachment I Staff Report Attachment II Resolution CITY OF HAYWARD Page 6 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 PUBLIC HEARING 12. PH 21-094 La Playa Commons: Proposed Demolition of the Former Burlington Coat Factory Building and Construction of a New 47-Lot Single-Family Residential Subdivision on a 5.4-Acre Site Located at 1000 La Playa Drive (Assessor’s Parcel Number 442-0038-001), Requiring Approval of General Plan Amendment, Rezone and Vesting Tentative Tract Map Application No. 202004457, and Approval of a Mitigated Negative Declaration with Mitigation Monitoring and Reporting Plan Prepared for the Project in Accordance with the Requirements of the California Environmental Quality Act (CEQA); D.R. Horton Bay, Inc. (Applicant) on behalf of Quach’s Hayward LLC (Property Owner) (Report from Assistant City Manager Ott) Attachments: Attachment I Staff Report Attachment II Rezone Ordinance Attachment III Resolution Attachment IV Project Plans Attachment V Draft Initial Study-MND Attachment VI Mitigation Monitoring & Reporting Plan Attachment VII Affordable Housing Plan Attachment VIII Proposed General Plan and Zoning Maps Attachment IX Third Party Correspondence Attachment X Draft PC Minutes 10/28/2021 LEGISLATIVE BUSINESS 13. LB 21-050 Skywest Property Update: Further Review of Preliminary Site Plan and Authorization to Transmit Draft Site Plan to the Federal Aviation Administration for Initial Review (Report from Director of Public Works Ameri) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Site Plan CITY OF HAYWARD Page 7 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 14. LB 21-051 Redistricting: Adopt a Resolution Providing Feedback to the Alameda County Board of Supervisors on the Proposed Draft 2021 Redistricting Maps (Report from City Manager McAdoo) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Existing District Boundary Map Attachment IV Proposed Draft Map A Attachment V Proposed Draft Map B Attachment VI Proposed Draft Map C Attachment VI Proposed Draft Map D 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). 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. ADJOURNMENT November 23, 2021 - MEETING CANCELED NEXT REGULAR MEETING, December 7, 2021, 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. CITY OF HAYWARD Page 8 Tuesday, November 16, 2021 City Council Agenda November 16, 2021 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 9 Tuesday, November 16, 2021