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City Council

Regular Meeting

Hayward, CA · June 4, 2024

AgendaMinutes

Minutes

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Action Minutes City Council Tuesday, June 4, 2024 7:00 PM Council Chambers SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY/HOUSING AUTHORITY MEETING 777 B Street, Hayward, CA 94541 City Hall, Council Chambers CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Syrop AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION Council Member Andrews and Council Member Roche participated via the Zoom platform under AB 2449 Brown Act teleconferencing “just cause” justification as defined in Government Code section 54953(f)(2)(A)(i) and 54953(j)(2)(A). Remote Participation Based on AB 2449 Just Cause Council Member Andrews requested to participate via the Zoom platform under AB 2449 Brown Act teleconferencing “just cause” situation as defined in Government Code section 54953(f)(2)(A)(i) and 54953(j) (2)(A). 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 CITY OF HAYWARD Page 1 Tuesday, June 4, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes June 4, 2024 CLOSED SESSION ANNOUNCEMENT The City Council convened in closed session on June 4, 2024, at 5:30 p.m., with all members present, including Council Members Andrews and Roche attending remotely as permitted by the Brown Act under AB 2449, and no public speakers, regarding three items: 1) conference with legal counsel pursuant to Government Code section 54956.9 regarding Muniz, Donald v. City of Hayward (Police Dept); 2296000187; 2396000022; Workers’ Compensation Appeals Board Case Nos. ADJ17191216; ADJ17522560; 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding the Estate of Oscar Macias, et al. v. City of Hayward, et al., Alameda County Superior Court, Case No. 22CV017130; and 3) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor groups. City Attorney Lawson reported the Council met regarding all three items. Regarding Item No. 1, the Council gave direction to staff but otherwise took no reportable action; regarding Item No. 2, the Council unanimously approved, with Council Member Goldstein moving and Council Member Syrop seconding, compromise and settlement in the total amount of $337,500, with the City contributing $150,000 plus one-half of plaintiff’s remaining costs of the mediator’s fees; and regarding Item No. 3, the Council gave direction to staff but otherwise took no reportable action. The closed session adjourned at 7:00 p.m. PRESENTATIONS Mayor Salinas announced the Words for Lunch Program Commendation was continuing to the June 18, 2024 City Council meeting. Fire Chief Garrett Contreras Retirement Commendation Words for Lunch Program Commendation 2024 Arbor Day Proclamation LGBTQIA+ Pride Month Proclamation PUBLIC COMMENTS Lisa Lorenz Vincent Milani Kay CITY MANAGER’S COMMENTS Acting Assistant City Manager Kostrzak CONSENT Consent Items 4 and 7 were removed from the Consent Calendar for a separate vote. A motion was made by Council Member Bonilla Jr., seconded by Council Member Goldstein,to approved. 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 2 Tuesday, June 4, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes June 4, 2024 1. Approve the Minutes of the Special City Council Meeting on April 30, 2024 Consent item approved. 2. Approve the Minutes of the City Council Meeting on May 7, 2024 Consent item approved. 3. Adopt a Resolution Authorizing the City Manager to Execute a 36-Month Agreement with Peregrine Technologies for Data Integration Services, with the Option to Renew for One Additional 36-Month Term, in a Total Amount Not-to-Exceed $1,056,000 Consent item approved. 4. Adopt a Resolution Authorizing an Affordable Housing Funding Agreement Between the Housing Authority of the City of Hayward and the City of Hayward Granting $2 Million in ARPA-SLFRF Funds to the Housing Authority of the City of Hayward for the Down Payment Assistance Program A motion was made by Council Member Syrop, seconded by Council Member Bonilla Jr., 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 5. Adopt a Resolution Authorizing the City Manager to Execute a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency (HASPA) and Appropriate $ 31,800 for HASPA Dues for Fiscal Year 2025 (FY 2025) Consent item approved. 6. Adopt a Resolution of Intention to Approve the Preliminary Engineer’s Report and Assessments for Fiscal Year 2025; and Set June 25, 2024, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18 Consent item approved. 7. Adopt a Resolution of Intention to Approve the Preliminary Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 25, 2024, as the Public Hearing Date A motion was made by Council Member Goldstein, seconded by Council Member Zermeño, 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, June 4, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes June 4, 2024 8. Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set June 25, 2024, as the Public Hearing Date Consent item approved. 9. Adopt Resolutions Authorizing the City Manager to (1) Amend the Professional Services Agreement with Mark Thomas & Company for Extended Construction Support Services by $154,000 for a Not to-Exceed Amount of $1,780,180 and (2) Amend the Contract with Bellecci & Associates, Inc., by $72,500 for a Not-to Exceed Amount of $147,433 for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287 Consent item approved. 10. Adopt a Resolution Authorizing the City Manager to Execute the Eighth Amendment to the Purchase and Sale Agreement with Caltrans for Transfer and Development of State Highway 238 Bypass Properties that Extends the Deadline for the City to Dispose of the Properties by Five Years from 2027 to 2032 Consent item approved. PUBLIC HEARING 11. FY 2025 Budget/CIP Public Hearing and Adoption: Public Hearing for the Proposed FY 2025 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authority; FY 2025 Capital Improvement Program Budget; Adoption of the FY 2025 Operating Budgets and Appropriations for FY 2025; Adoption of the FY 2025 Capital Improvement Program Budget and Appropriations for FY 2025; Adoption of the Hayward Redevelopment Successor Agency Budget; and Adoption of the Hayward Housing Authority Budget (Report from Finance Director Gonzales) A motion was made by Mayor Salinas, seconded by Council Member Zermeño, to approve staff's recommendation. The motion carried by the following vote:o,to approved . 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 12. Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2025 (Report from Finance Director Gonzales) A motion was made by Council Member Syrop, seconded by Council Member Goldstein, 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 LEGISLATIVE BUSINESS CITY OF HAYWARD Page 4 Tuesday, June 4, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes June 4, 2024 13. Fiscal Year 2025 Strategic Roadmap: Resolution Approving and Adopting the City of Hayward Strategic Roadmap (Report from Interim City Manager Claussen) A motion was made by Council Member Andrews, 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 ADJOURNMENT Mayor Salinas adjourned the City Council meeting at 10:00 p.m. NEXT MEETING, June 18, 2024, 7:00 PM CITY OF HAYWARD Page 5 Tuesday, June 4, 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, June 4, 2024 7:00 PM Council Chambers CITY COUNCIL MEETING REVISED AGENDA 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/88162559938? pwd=Pse6ux__WYqW2XnO4CJiRUMotp3KPXFEU4w.Oez4xJlsvb-EihCL Meeting ID: 881 6255 9938 Password: CCm6/4@7pm or Dial: +1 669 900 6833 or +1 646 931 3860 Meeting ID: 881 6255 9938 Password: 6721864138 CITY OF HAYWARD Page 1 Tuesday, June 4, 2024 City Council Agenda June 4, 2024 SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY/HOUSING AUTHORITY MEETING 777 B Street, Hayward, CA 94541 City Hall, Council Chambers CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Syrop AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION RPT 24-054 Remote Participation Based on AB 2449 Just Cause ROLL CALL CLOSED SESSION ANNOUNCEMENT PRESENTATIONS Fire Chief Garrett Contreras Retirement Commendation Words for Lunch Program Commendation 2024 Arbor Day Proclamation LGBTQIA+ Pride Month Proclamation 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. ration 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. CITY OF HAYWARD Page 2 Tuesday, June 4, 2024 City Council Agenda June 4, 2024 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 24-066 Approve the Minutes of the Special City Council Meeting on April 30, 2024 Attachments: Attachment I Draft Minutes of 4/30/2024 2. MIN 24-067 Approve the Minutes of the City Council Meeting on May 7, 2024 Attachments: Attachment I Draft Minutes of 5/7/2024 3. CONS 24-282 Adopt a Resolution Authorizing the City Manager to Execute a 36-Month Agreement with Peregrine Technologies for Data Integration Services, with the Option to Renew for One Additional 36-Month Term, in a Total Amount Not-to-Exceed $1,056,000 Attachments: Attachment I Staff Report Attachment II Resolution 4. CONS 24-283 Adopt a Resolution Authorizing an Affordable Housing Funding Agreement Between the Housing Authority of the City of Hayward and the City of Hayward Granting $2 Million in ARPA-SLFRF Funds to the Housing Authority of the City of Hayward for the Down Payment Assistance Program Attachments: Attachment I Staff Report Attachment II City Resolution Attachment III HHA Resolution Attachment IV Term Sheet CITY OF HAYWARD Page 3 Tuesday, June 4, 2024 City Council Agenda June 4, 2024 5. CONS 24-295 Adopt a Resolution Authorizing the City Manager to Execute a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency (HASPA) and Appropriate $ 31,800 for HASPA Dues for Fiscal Year 2025 (FY 2025) Attachments: Attachment I Staff Report Attachment II Resolution 6. CONS 24-299 Adopt a Resolution of Intention to Approve the Preliminary Engineer’s Report and Assessments for Fiscal Year 2025; and Set June 25, 2024, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18 Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Preliminary Engineer Report 7. CONS 24-300 Adopt a Resolution of Intention to Approve the Preliminary Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 25, 2024, as the Public Hearing Date Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Preliminary Engineer Report 8. CONS 24-301 Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set June 25, 2024, as the Public Hearing Date Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Preliminary Engineers Report CITY OF HAYWARD Page 4 Tuesday, June 4, 2024 City Council Agenda June 4, 2024 9. CONS 24-302 Adopt Resolutions Authorizing the City Manager to (1) Amend the Professional Services Agreement with Mark Thomas & Company for Extended Construction Support Services by $154,000 for a Not to-Exceed Amount of $1,780,180 and (2) Amend the Contract with Bellecci & Associates, Inc., by $72,500 for a Not-to Exceed Amount of $147,433 for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287 Attachments: Attachment I Staff Report Attachment II Resolution Mark Thomas & Company Attachment III Resolution Bellecci & Associates, Inc. 10. CONS 24-316 Adopt a Resolution Authorizing the City Manager to Execute the Eighth Amendment to the Purchase and Sale Agreement with Caltrans for Transfer and Development of State Highway 238 Bypass Properties that Extends the Deadline for the City to Dispose of the Properties by Five Years from 2027 to 2032 Attachments: Attachment II Staff Report Attachment II Resolution CITY OF HAYWARD Page 5 Tuesday, June 4, 2024 City Council Agenda June 4, 2024 PUBLIC HEARING 11. PH 24-024 FY 2025 Budget/CIP Public Hearing and Adoption: Public Hearing for the Proposed FY 2025 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authority; FY 2025 Capital Improvement Program Budget; Adoption of the FY 2025 Operating Budgets and Appropriations for FY 2025; Adoption of the FY 2025 Capital Improvement Program Budget and Appropriations for FY 2025; Adoption of the Hayward Redevelopment Successor Agency Budget; and Adoption of the Hayward Housing Authority Budget (Report from Finance Director Gonzales) Attachments: Attachment I Staff Report Attachment II Operating Budget Resolution Attachment III Budget Resolution Ex A & B Attachment IV Budget Redev Agency Successor Resolution Attachment V Budget Housing Authority Resolution Attachment VI CIP Budget Resolution Attachment VII Budget Community Agency Resolution Attachment VIII Community Agency Recommendations Attachment IX General Fund Long Range Financial Model 12. PH 24-023 Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2025 (Report from Finance Director Gonzales) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Gann Appropriation Limit Attachment IV FY 2025 Adjustment Factor CITY OF HAYWARD Page 6 Tuesday, June 4, 2024 City Council Agenda June 4, 2024 LEGISLATIVE BUSINESS 13. LB 24-015 Fiscal Year 2025 Strategic Roadmap: Resolution Approving and Adopting the City of Hayward Strategic Roadmap (Report from Interim City Manager Claussen) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III FY25 Strategic Roadmap for Adoption Attachment IV Approach for Dashboard 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, June 18, 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 7 Tuesday, June 4, 2024 City Council Agenda June 4, 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 8 Tuesday, June 4, 2024

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