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City Council

Regular Meeting

Hayward, CA · February 20, 2024

AgendaMinutes

Minutes

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Action Minutes City Council Tuesday, February 20, 2024 7:00 PM Council Chamber and Virtual Platform (Zoom) CITY COUNCIL MEETING CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Roche ROLL CALL Present: 7- Council Member Angela Andrews, Council Member Ray Bonilla Jr., Council Member Daniel Goldstein, Council Member Julie Roche, Council Member George Syrop, Council Member Francisco Zermeno, and Mayor Mark Salinas CLOSED SESSION ANNOUNCEMENT The City Council convened in closed session on February 6, 2024, at 5:30 p.m., with all members present and no public speakers, regarding four items: 1) public employment for City Manager pursuant to Government Code section 54957; 2) public employment for City Clerk pursuant to Government Code section 54957; 3) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Lopez v. City of Hayward, Alameda County Superior Court, No. RG19015514; and 4) conference with legal counsel pursuant to Government Code section 54956.9(d)(2) regarding one matter based on facts and circumstances regarding exposure to litigation against the local agency. City Attorney Lawson indicated the Council met regarding Items 1 and 2 and took no reportable action; regarding Item 3, the Council unanimously approved settlement of the matter in the amount of $75,000; and the Council discussed Item 4 but took no reportable action. The meeting was adjourned at 9:35 p.m. The City Council convened in closed session on February 13, 2024, at 5:30 p.m., with all members present and no public speakers, regarding two items: 1) public employment for City Manager pursuant to Government Code section 54957; and 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding negotiations with all groups. City Attorney Lawson indicated the Council met regarding Item 1 and the Council was advised of the City Manager's acceptance of a new position, effective in May 2024, after which the Council announced its intention to appoint Assistant City Manager Claussen as acting City Manager pending a national recruitment. The Council did not discuss Item 2 and adjourned the meeting at 7:31 p.m. CITY OF HAYWARD Page 1 Tuesday, February 20, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes February 20, 2024 PUBLIC COMMENTS Matt Jack Lisa Tealer Bill Shaner Cynthia Ramirez Lisa Lorenz Billie Pierce Hilary Sargeant Fatuma Tanner Boyle Suzie Vicky Lightfoot Molly Conger (did not speak) Calyn Kelley CITY MANAGER’S COMMENTS Assistant City Manager Youngblood CONSENT Approval of the Consent Calendar A motion was made by Council Member Roche, seconded by Council Member Zermeño, to approve the Consent Calendar. The motion carried by the following vote: Aye: 7- Council Member Andrews, Council Member Bonilla Jr., Council Member Goldstein, Council Member Roche, Council Member Syrop, Council Member Zermeno, and Mayor Salinas 1. Approve the Minutes of the City Council Meeting on January 23, 2024 Consent item approved. 2. Approve the Minutes of the Special City Council Meeting on January 30, 2024 Consent item approved. 3. Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning a Property to the Medium Density Residential District in Connection with Zone Change Application No. MTA-23-0005 Consent item approved. CITY OF HAYWARD Page 2 Tuesday, February 20, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes February 20, 2024 4. Adopt Resolutions to Execute Side Letter Agreements Amending the Memoranda of Understanding (MOU) Between the City of Hayward and the Hayward Police Officers Association (HPOA), and the City of Hayward and the International Association of Firefighters, AFL-CIO, Local 1909 (Local 1909), to Change the Existing Cost-Sharing Amount for PEPRA Members Consent item approved. 5. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $2,000,000 in Grant Funding from the California Department of Health Care Services for the Construction of a Subacute Facility for Senior and Medically Fragile Persons at St. Rose Hospital in Hayward Consent item approved. 6. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Diamondback Fire and Rescue for the Purchase of Amkus Auto Extrication Tools for the Hayward Fire Department in an Amount Not-to-Exceed $111,462.57 Consent item approved. 7. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers, Inc., for the FY 2024 Sewer and Water Line Replacement Projects, Project Nos. 07789 and 07072, in an Amount Not-to-Exceed $2,155,000 Consent item approved. PUBLIC HEARING 8. Sale of Parcel Group 8 for Development of Affordable Housing: Adopt Two Resolutions1) Approving the Government Code Section 52201 Summary Report for the Project; and Authorizing the City Manager to Execute the First Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. for Transfer of Specified City Owned Properties and for the Development of Housing and Making Specified Findings in Association with Government Code Section 65913.4 Exemption from the California Environmental Quality Act; and 2) Authorizing the City Manager to Execute an Agreement with the Developer Associated with the State of California Affordable Housing and Sustainable Communities (AHSC) Program (Report from Assistant City Manager Claussen) A motion was made by Council Member Bonilla Jr., seconded by Council Member Roche, to approve staff's recommendation. The motion carried by the following vote: Aye: 7- Council Member Andrews, Council Member Bonilla Jr., Council Member Goldstein, Council Member Roche, Council Member Syrop, Council Member Zermeno, and Mayor Salinas CITY OF HAYWARD Page 3 Tuesday, February 20, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes February 20, 2024 INFORMATIONAL ITEM 9. Informational Report on FY24 Quarter 2 Capital Improvement Program (CIP) Progress Report Information only; no action taken. ADJOURNMENT Mayor Salinas adjourned the City Council meeting at 8:22 p.m. NEXT MEETING, February 27, 2024, 7:00 PM CITY OF HAYWARD Page 4 Tuesday, February 20, 2024 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, February 20, 2024 7:00 PM Council Chamber and Virtual Platform (Zoom) CITY COUNCIL MEETING NOTICE: The City Council will hold a hybrid meeting in the 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/85432215402? pwd=H8VatQ2XdAX4N3_-khGZNG1sSKZq22N-lDY.UkhBOCj2z85dw30t Meeting ID: 854 3221 5402 Password: CC2/20@7pm or Dial: +1 669 900 6833 or +1 646 931 3860 Meeting ID: 854 3221 5402 Password: 7410339459 CITY OF HAYWARD Page 1 Tuesday, February 20, 2024 City Council Agenda February 20, 2024 CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Roche ROLL CALL CLOSED SESSION ANNOUNCEMENT February 6, 2024 February 13, 2024 PUBLIC COMMENTS The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation 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. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated. 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 24-017 Approve the Minutes of the City Council Meeting on January 23, 2024 Attachments: Attachment I Draft Minutes of 1/23/2024 2. MIN 24-018 Approve the Minutes of the Special City Council Meeting on January 30, 2024 Attachments: Attachment I Draft Minutes of 1/30/2024 CITY OF HAYWARD Page 2 Tuesday, February 20, 2024 City Council Agenda February 20, 2024 3. CONS 24-057 Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning a Property to the Medium Density Residential District in Connection with Zone Change Application No. MTA-23-0005 Attachments: Attachment I Staff Report Attachment II Summary of Published Ordinance 4. CONS 24-059 Adopt Resolutions to Execute Side Letter Agreements Amending the Memoranda of Understanding (MOU) Between the City of Hayward and the Hayward Police Officers Association (HPOA), and the City of Hayward and the International Association of Firefighters, AFL-CIO, Local 1909 (Local 1909), to Change the Existing Cost-Sharing Amount for PEPRA Members Attachments: Attachment I Staff Report Attachment II Resolution - HPOA Attachment III Resolution - Local 1909 Attachment IV Side Letter Agreement - HPOA Attachment V Side Letter Agreement - Local 1909 5. CONS 24-060 Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $2,000,000 in Grant Funding from the California Department of Health Care Services for the Construction of a Subacute Facility for Senior and Medically Fragile Persons at St. Rose Hospital in Hayward Attachments: Attachment I Staff Report Attachment II Resolution 6. CONS 24-061 Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Diamondback Fire and Rescue for the Purchase of Amkus Auto Extrication Tools for the Hayward Fire Department in an Amount Not-to-Exceed $111,462.57 Attachments: Attachment I Staff Report Attachment II Resolution CITY OF HAYWARD Page 3 Tuesday, February 20, 2024 City Council Agenda February 20, 2024 7. CONS 24-066 Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers, Inc., for the FY 2024 Sewer and Water Line Replacement Projects, Project Nos. 07789 and 07072, in an Amount Not-to-Exceed $2,155,000 Attachments: Attachment I Staff Report Attachment II Resolution PUBLIC HEARING 8. PH 24-006 Sale of Parcel Group 8 for Development of Affordable Housing: Adopt Two Resolutions1) Approving the Government Code Section 52201 Summary Report for the Project; and Authorizing the City Manager to Execute the First Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. for Transfer of Specified City Owned Properties and for the Development of Housing and Making Specified Findings in Association with Government Code Section 65913.4 Exemption from the California Environmental Quality Act; and 2) Authorizing the City Manager to Execute an Agreement with the Developer Associated with the State of California Affordable Housing and Sustainable Communities (AHSC) Program (Report from Assistant City Manager Claussen) Attachments: Attachment I Staff Report Attachment II Resolution PG 8 Amendment Approval Attachment III Resolution PG 8 DDLA AHSC Grant Funds Attachment IV Updated Government Code Section 52201 INFORMATIONAL ITEM Information items are presented as general information for Council and the public, and are not presented for discussion. Should Council wish to discuss or take action on any of the "information” items, they will direct the City Manager to bring them back at the next Council agenda as an Action Item. 9. RPT 24-008 Informational Report on FY24 Quarter 2 Capital Improvement Program (CIP) Progress Report Attachments: Attachment I Staff Report Attachment II FY24 Q2 CIP Progress Report CITY OF HAYWARD Page 4 Tuesday, February 20, 2024 City Council Agenda February 20, 2024 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 REFERRAL 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, February 27, 2024, 7:00 PM PUBLIC COMMENT RULES Any member of the public desiring to address the Council shall limit their comments 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. CITY OF HAYWARD Page 5 Tuesday, February 20, 2024 City Council Agenda February 20, 2024 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 6 Tuesday, February 20, 2024

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