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City Council

Regular Meeting

Hayward, CA · April 11, 2023

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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 11, 2023 7:00 PM Council Chamber and Virtual Platform (Zoom) SPECIAL CITY COUNCIL MEETING CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Zermeño AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION Remote Participation Based on AB 2449 Just Cause Council Member Andrews participated via the Zoom platform under AB 2449 Brown Act teleconferencing “just cause” option as defined in Government Code section 54953(f)(2)(A)(i) and 54953(j)(2)(A). ROLL CALL Present: 6- Council Member Angela Andrews, Council Member Daniel Goldstein, Council Member Julie Roche, Council Member George Syrop, Council Member Francisco Zermeno, and Mayor Mark Salinas PRESENTATION National Crime Victims’ Rights Week Proclamation PUBLIC COMMENTS Ms. Sharana Sabesan Ms. Phylis Essandoh CITY MANAGER’S COMMENTS CONSENT Approval of the Consent Calendar A motion was made by Council Member Roche, seconded by Council Member Syrop, to approve the Consent Calendar. The motion carried by the following vote: Aye: 6- Council Member Andrews, Council Member Goldstein, Council Member Roche, Council Member Syrop, Council Member Zermeno, and Mayor Salinas 1. Approve the City Council Minutes of the City Council Meeting on March 21, 2023 Consent item approved. CITY OF HAYWARD Page 1 Tuesday, April 11, 2023 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes April 11, 2023 2. Approve the City Council Minutes of the City Council Meeting on March 28, 2023 Consent item approved. 3. Adopt an Ordinance Amending Chapter 10, Article 17 of the Hayward Municipal Code Regarding Affordable Housing Requirements for New Housing Developments Consent item approved. 4. Adopt a Resolution Opposing Initiative 21-0042A1 on the November 2024 General Election Ballot, Entitled the “Taxpayer Protection and Government Accountability Act” and Authorizing the Mayor to Sign a Letter of Opposition to the Ballot Measure Consent item approved. 5. Adopt a Resolution Approving Plans and Specifications and Calling for Bids for Traffic Signal Modification on Jackson Street as Part of the Route 238 Corridor Improvement Phase 2 Project No. 05270 Consent item approved. 6. Adopt a Resolution Approving the FY 2024 Measure B/BB Annual Paratransit Program Plan and Authorizing the City Manager to Execute FY 2024 Service Agreements for the Continued Provision of Measure B/BB Funded Paratransit Services Consent item approved. 7. Adopt a Resolution Authorizing the City Manager to Execute the Cooperation Agreement for Fiscal Years 2024-2026 between the City of Hayward and the County of Alameda to Participate in the Alameda County HOME Consortium This Consent was approved. 8. Adopt a Resolution Accepting and Filing the Annual Comprehensive Financial Report for the Year Ended June 30, 2022, and of the Memorandum on Internal Control and Required Communications Consent item approved. 9. Adopt a Resolution Authorizing the City Manager to Appropriate $88,598.89 from the Measure C Operating Fund (Fund 101) for the Purchase of (1) EagleAir® Model RVA15M3D4U RavenCFS Breathing Air Compressor System Consent item approved. 10. Adopt a Resolution Authorizing the City Manager to Appropriate $640,894 from the Measure C Operating Fund (Fund 101) for the Purchase of Motorola Dispatch Console Equipment and Service Plans and to Execute an Agreement with Motorola for Purchase of those Products Consent item approved. CITY OF HAYWARD Page 2 Tuesday, April 11, 2023 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes April 11, 2023 WORK SESSION 11. Community Agency Funding: Fiscal Year 2024 Community Agency Funding Recommendations for Services, Arts & Music, Special Events, and Economic Development and Infrastructure and Overview of the FY 2024 Annual Action Plan (Report from Assistant City Manager Youngblood) No action taken; information only. LEGISLATIVE BUSINESS 12. Council Vacancy and Appointment: Adopt a Resolution Appointing a Candidate to Fill a Two-Year Term City Council Vacancy or Consider Alternative Options for Filling the Vacancy (Report from City Manager McAdoo, City Attorney Lawson, and City Clerk Lens) Meeting went into Recess Meeting Reconvened A motion was made by Council Member Goldstein, seconded by Council Member Zermeño, to appoint Ray Bonilla Jr. to fill a two-year term City Council vacancy. The motion carried by the following vote: Aye: 6- Council Member Andrews, Council Member Goldstein, Council Member Roche, Council Member Syrop, Council Member Zermeno, and Mayor Salinas 13. Stormwater Management and Urban Runoff Control Ordinance: Adopt a Resolution and Introduce Stormwater Ordinance Amendments Related to Municipal Regional (Stormwater) Permit-MRP 3.0 and Finding the Action is Exempt from CEQA Review (Report from Public Works Director Ameri) A motion was made by Council Member Goldstein, seconded by Council Member Syrop, to approve staff's recommendation. The motion carried by the following vote: Aye: 6- Council Member Andrews, Council Member Goldstein, Council Member Roche, Council Member Syrop, Council Member Zermeno, and Mayor Salinas PUBLIC HEARING 14. Valley Street East of 4th Street to C Street: Adopt a Resolution Vacating Right-of-Way of Valley Street East of 4th Street to C Street Pursuant to the Provisions of California Streets and Highways Code Sections 8320 et. seq. (Report from Public Works Director Ameri) A motion was made by Council Member Syrop, seconded by Council Member Zermeño, to approve staff's recommendation. The motion carried by the following vote: Aye: 6- Council Member Andrews, Council Member Goldstein, Council Member Roche, Council Member Syrop, Council Member Zermeno, and Mayor Salinas CITY OF HAYWARD Page 3 Tuesday, April 11, 2023 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes April 11, 2023 15. Hayward Hangars Airport Hangar Project TEFRA Hearing: Tax and Equity Fiscal Responsibility Act Hearing as Required by the Internal Revenue Code of 1986, and Adoption of a Resolution Approving the Issuance of Revenue Bonds by the Public Finance Authority in an Amount Not-to-Exceed $5,512,000 to Finance or Refinance the Construction, Furnishing and Equipping of an Aircraft Storage Hangar Project Located at 20995 Skywest Drive, Hayward, California (Report from Assistant City Manager Claussen) A motion was made by Council Member Zermeño, seconded by Council Member Goldstein, to approve staff's recommendation. The motion carried by the following vote: Aye: 6- Council Member Andrews, Council Member Goldstein, Council Member Roche, Council Member Syrop, Council Member Zermeno, and Mayor Salinas ADJOURNMENT Mayor Salinas adjourned the special meeting at 9:09 p.m. NEXT MEETING, April 18, 2023, 7:00 PM CITY OF HAYWARD Page 4 Tuesday, April 11, 2023 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 11, 2023 7:00 PM Council Chamber and Virtual Platform (Zoom) SPECIAL CITY COUNCIL MEETING NOTICE: The City Council will hold a hybrid meeting in 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 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: Participate in the Council Chambers or click link below to join the meeting: https://hayward.zoom.us/j/88379569567?pwd=OVlrMHdlTTZ1NVZhNmhVN1dkOWg0QT09 Meeting ID: 883 7956 9567 Password: CC4/11@7pm or Dial: +1 669 900 6833 or +1 646 931 3860 Meeting ID: 883 7956 9567 Password: 6787505183 CITY OF HAYWARD Page 1 Tuesday, April 11, 2023 City Council Agenda April 11, 2023 CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Zermeño AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION RPT 23-042 Remote Participation Based on AB 2449 Just Cause ROLL CALL PRESENTATION National Crime Victims’ Rights Week Proclamation 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 23-042 Approve the City Council Minutes of the City Council Meeting on March 21, 2023 Attachments: Attachment I Draft Minutes of 3/21/2023 2. MIN 23-043 Approve the City Council Minutes of the City Council Meeting on March 28, 2023 Attachments: Attachment I Draft Minutes of 3/28/2023 CITY OF HAYWARD Page 2 Tuesday, April 11, 2023 City Council Agenda April 11, 2023 3. CONS 23-186 Adopt an Ordinance Amending Chapter 10, Article 17 of the Hayward Municipal Code Regarding Affordable Housing Requirements for New Housing Developments Attachments: Attachment I Staff Report Attachment II Summary of Ordinance Published 4. CONS 23-167 Adopt a Resolution Opposing Initiative 21-0042A1 on the November 2024 General Election Ballot, Entitled the “Taxpayer Protection and Government Accountability Act” and Authorizing the Mayor to Sign a Letter of Opposition to the Ballot Measure Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Proposed Letter of Opposition Attachment IV 21-0042A1 Measure Text 5. CONS 23-182 Adopt a Resolution Approving Plans and Specifications and Calling for Bids for Traffic Signal Modification on Jackson Street as Part of the Route 238 Corridor Improvement Phase 2 Project No. 05270 Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Location Map 6. CONS 23-184 Adopt a Resolution Approving the FY 2024 Measure B/BB Annual Paratransit Program Plan and Authorizing the City Manager to Execute FY 2024 Service Agreements for the Continued Provision of Measure B/BB Funded Paratransit Services Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Funding Recommendations Attachment IV Paratransit Program Plan Application CITY OF HAYWARD Page 3 Tuesday, April 11, 2023 City Council Agenda April 11, 2023 7. CONS 23-185 Adopt a Resolution Authorizing the City Manager to Execute the Cooperation Agreement for Fiscal Years 2024-2026 between the City of Hayward and the County of Alameda to Participate in the Alameda County HOME Consortium Attachments: Attachment I Staff Report Attachment II Resolution 8. CONS 23-198 Adopt a Resolution Accepting and Filing the Annual Comprehensive Financial Report for the Year Ended June 30, 2022, and of the Memorandum on Internal Control and Required Communications Attachments: Attachment I Staff Report Attachment II Resolution Attachment III FY 2022 Comprehensive Financial Report 9. CONS 23-200 Adopt a Resolution Authorizing the City Manager to Appropriate $88,598.89 from the Measure C Operating Fund (Fund 101) for the Purchase of (1) EagleAir® Model RVA15M3D4U RavenCFS Breathing Air Compressor System Attachments: Attachment I Staff Report Attachment II Resolution 10. CONS 23-201 Adopt a Resolution Authorizing the City Manager to Appropriate $640,894 from the Measure C Operating Fund (Fund 101) for the Purchase of Motorola Dispatch Console Equipment and Service Plans and to Execute an Agreement with Motorola for Purchase of those Products Attachments: Attachment I Staff Report Attachment II Resolution CITY OF HAYWARD Page 4 Tuesday, April 11, 2023 City Council Agenda April 11, 2023 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. 11. WS 23-011 Community Agency Funding: Fiscal Year 2024 Community Agency Funding Recommendations for Services, Arts & Music, Special Events, and Economic Development and Infrastructure and Overview of the FY 2024 Annual Action Plan (Report from Assistant City Manager Youngblood) Attachments: Attachment I Staff Report Attachment II Funding Recommendations LEGISLATIVE BUSINESS 12. LB 23-015 Council Vacancy and Appointment: Adopt a Resolution Appointing a Candidate to Fill a Two-Year Term City Council Vacancy or Consider Alternative Options for Filling the Vacancy (Report from City Manager McAdoo, City Attorney Lawson, and City Clerk Lens) Attachments: Attachment I Staff Report Attachment II Resolution 13. LB 23-014 Stormwater Management and Urban Runoff Control Ordinance: Adopt a Resolution and Introduce Stormwater Ordinance Amendments Related to Municipal Regional (Stormwater) Permit-MRP 3.0 and Finding the Action is Exempt from CEQA Review (Report from Public Works Director Ameri) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Stormwater Ordinance Attachment III-a Ordinance Text CITY OF HAYWARD Page 5 Tuesday, April 11, 2023 City Council Agenda April 11, 2023 PUBLIC HEARING 14. PH 23-017 Valley Street East of 4th Street to C Street: Adopt a Resolution Vacating Right-of-Way of Valley Street East of 4th Street to C Street Pursuant to the Provisions of California Streets and Highways Code Sections 8320 et. seq. (Report from Public Works Director Ameri) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Location Map 15. PH 23-019 Hayward Hangars Airport Hangar Project TEFRA Hearing: Tax and Equity Fiscal Responsibility Act Hearing as Required by the Internal Revenue Code of 1986, and Adoption of a Resolution Approving the Issuance of Revenue Bonds by the Public Finance Authority in an Amount Not-to-Exceed $5,512,000 to Finance or Refinance the Construction, Furnishing and Equipping of an Aircraft Storage Hangar Project Located at 20995 Skywest Drive, Hayward, California (Report from Assistant City Manager Claussen) Attachments: Attachment I Staff Report Attachment II Resolution 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 NEXT MEETING, April 18, 2023, 7:00 PM CITY OF HAYWARD Page 6 Tuesday, April 11, 2023 City Council Agenda April 11, 2023 PUBLIC COMMENT RULES Any member of the public desiring to address the Council shall limit their 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. 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 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 cityclerk@hayward-ca.gov. 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. CITY OF HAYWARD Page 7 Tuesday, April 11, 2023

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