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City Council

Regular Meeting

Hayward, CA · December 17, 2024

AgendaMinutes

Minutes

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Action Minutes City Council Tuesday, December 17, 2024 7:00 PM Council Chambers CITY COUNCIL MEETING 777 B Street, Hayward, CA 94541 City Hall, Council Chambers CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Goldstein AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION ROLL CALL Present: 3- Council Member Julie Roche, Council Member George Syrop, and Mayor Mark Salinas CLOSED SESSION ANNOUNCEMENT The City Council convened in closed session on December 17, 2024, at 5:30 p.m., with all members present and Council Member Andrews absent and no public speakers, regarding four items: 1) conference with legal counsel pursuant to Government Code section 54956.9, regarding Jerry Schilling v. City of Hayward, Claim No. 202100103HAY, Workers’ Compensation Appeals Board Case No.: ADJ14012944; 2) conference with property negotiators pursuant to Government Code section 54956.8 regarding Caltrans Parcel Group 5, Bunker Hill; 3) conference with legal counsel pursuant to Government Code section 54956.9(d) (2), regarding one anticipated litigation; and 4) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Terry Ray Gentry, Sr., et al. v. City of Hayward, et al. United States District Court Case No. C24-02593 JD. City Attorney Lawson indicated that the Council met regarding all items, except for Item 3. Regarding Item 1, the Council gave direction to staff and unanimously approved, with Council Member Goldstein moving and Council Member Syrop seconding, compromise and settlement of the matter; regarding Item 2, the Council gave direction to staff but otherwise took no reportable action; regarding Item 4, the Council approved, with Council Member Zermeño moving and Council Member Goldstein seconding, compromise and settlement of the case in the amount of $190,000. City Attorney Lawson added that pursuant to Government Code section 54954.2(b)(2), the Council unanimously added, with Council Member Roche moving and Council Member Syrop seconding, discussion of appointment and employment of public employment, to wit: City Manager; and the Council took no reportable action. CITY OF HAYWARD Page 1 Tuesday, December 17, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes December 17, 2024 PUBLIC COMMENTS TJ Tommy Abdenour CITY MANAGER’S COMMENTS Interim City Manager Claussen CONSENT Approval of the Consent Calendar A motion was made by Council Member Roche, seconded by Bonilla Jr., to approve the Consent Agenda. The motion carried by the following vote: Aye: 6- Council Member Roche, Council Member Syrop, Mayor Salinas, Bonilla Jr., Goldstein, and Zermeno Absent: 1- Andrews 1. Approve the City Council Minutes of the Meeting on December 3, 2024 Consent item approved. 2. Adopt an Ordinance of the City of Hayward Amending Chapter 12, Article 2 of the Hayward Municipal Code Relating to Tenant Relocation Assistance Consent item approved. 3. Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with the Alameda County Probation Department to Provide Delinquency Prevention Network Services, and to Accept and Appropriate $140,065 from Alameda County to Fund the Extension Consent item approved. 4. Adopt a Resolution Authorizing the City Manager to: Award a Construction Contract to Redwood Painting Co., Inc., for the Water Resource Recovery Facility (WRRF) North Vacuator Rehabilitation Project in a Not-to-Exceed Amount of $358,481; Enter into a Professional Services Agreement with Coating Specialists and Inspection Services, Inc., in a Not-to-Exceed Amount of $44,080; and Appropriate Funds in the Amount of $402,561 Consent item approved. 5. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Cooperative Procurement Contract with Dell Technologies for Microsoft Software, Subscriptions, and Services for a Three-Year Contract in a Not-to-Exceed Amount of $412,341.90 Annually, and 5% Contingency of $61,851.28 for a Total Contract Amount of $1,298,876.98 Consent item approved. CITY OF HAYWARD Page 2 Tuesday, December 17, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes December 17, 2024 6. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Sanbell for a Not-to-Exceed Amount of $685,000 for Final Design Services for the Safe Routes to School Implementation Project, Project No. 06941 Consent item approved. 7. Adopt a Resolution Reappointing Council Member Syrop to the Alameda County Mosquito Abatement District Board of Trustees for a Two-Year Term Beginning January 6, 2025, Through December 31, 2026 Consent item approved. 8. Adopt Resolutions Approving the Revised Plans and Specifications and Call for Bids for the La Vista Park Project, Project No. 06914; Authorizing the City Manager to Execute Amendment No. 3 to the Professional Services Agreement with Surface Design, Inc.; and Authorizing the City Manager to Execute a Memorandum of Understanding with the Hayward Area Recreational District for the Funding, Operation and Maintenance of La Vista Park Consent item approved. 9. Adopt Resolutions Authorizing the City Manager to (1) Amend the FY 2025 Agreement with Eden I&R, Inc. for Transportation Network Company (TNC) Paratransit Services by $180,000 for a Not-to-Exceed Amount of $452,619; (2) Execute an Agreement with Onward Health, Inc. to Develop and Pilot New Paratransit Services for the Remainder of FY 2025 for a Not-to-Exceed Amount of $235,438; and (3) Execute an Agreement with Onward Health, Inc. for Paratransit Services for FY 2026 for a Not-to-Exceed Amount of $880,613 Consent item approved. 10. Adopt a Resolution Authorizing the City Manager to Transfer and Appropriate $128,150 from the General Fund to the Facilities Capital Improvement Fund Project No. 07222, for the Security and Infrastructure Repairs to Old City Hall Located at 22738 Mission Boulevard Consent item approved. 11. Authorize the City Manager to Execute Agreements with the California Department of Tax and Fee Administration (CDTFA) for Implementation of a Local Transactions and Use Tax; and Approve Authorization for the Examination of Sales or Transactions and Use Tax Records Consent item approved. 12. Adopt a Resolution: (1) Declaring a City Council Recess from December 23, 2024 through January 5, 2025 for the City’s Annual Holiday Business Closure; and (2) Authorizing the Interim City Manager, or their Designee, to Take Action on Administrative Matters as Necessary During the Recess Consent item approved. CITY OF HAYWARD Page 3 Tuesday, December 17, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes December 17, 2024 WORK SESSION 13. Let’s House Hayward Strategic Plan: Implementation Update and Discussion of Next Steps (Report from Assistant City Manager Youngblood) Information only; no action taken. Council Member Andrews joined the meeting at approximately 8:20 p.m. Present: 3- Council Member Julie Roche, Council Member George Syrop, and Mayor Mark Salinas LEGISLATIVE BUSINESS 14. Electrification Reach Code: Adopt a Resolution Finding and Determining the Need for Adoption of Modifications to the 2022 California Building Standards Code; Introduce a Revised Electrification Reach Code Ordinance with Amendments Related to EV Charging; and Finding that the Action is Exempt from CEQA (Report from Public Works Director Ameri) A motion was made by Andrews, seconded by Council Member Roche, to approve staff's recommendation. The motion carried by the following vote: Aye: 7- Council Member Roche, Council Member Syrop, Mayor Salinas, Bonilla Jr., Goldstein, Zermeno, and Andrews 15. FY 2025 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2025 (Report from Human Resources Director Frye) A motion was made by Council Member Syrop, seconded by Council Member Roche, to approve staff's recommendation. The motion carried by the following vote: Aye: 7- Council Member Roche, Council Member Syrop, Mayor Salinas, Bonilla Jr., Goldstein, Zermeno, and Andrews 16. Unrepresented Salary and Benefits: Adopt a Resolution Amending the Salary and Benefits Resolution for Unrepresented Employees (Report from Human Resources Director Frye) A motion was made by Goldstein, seconded by Council Member Syrop, to approve staff's recommendation. The motion carried by the following vote: Aye: 7- Council Member Roche, Council Member Syrop, Mayor Salinas, Bonilla Jr., Goldstein, Zermeno, and Andrews 17. City Manager: Adopt a Resolution Appointing Ana Alvarez as City Manager of the City of Hayward Effective January 9, 2025; Approving the Employment Agreement between Alvarez and the City of Hayward; and Authorizing the Mayor to Execute the Agreement (Report from Mayor Salinas) A motion was made by Mayor Salinas, seconded by Council Member Roche, to approve the appointment of Ana Alvarez as the City Manager for the City of Hayward. The motion carried by the following vote: Aye: 7- Council Member Roche, Council Member Syrop, Mayor Salinas, Bonilla Jr., Goldstein, Zermeno, and Andrews CITY OF HAYWARD Page 4 Tuesday, December 17, 2024 A copy of the official minutes is available by contacting the Office of the City Clerk. City Council Action Minutes December 17, 2024 ADJOURNMENT Mayor Salinas adjourned the City Council meeting at 9:46 p.m. December 24, 31, 2024 and January 7, 2025 Council Meetings - CANCELLED - NEXT MEETING, January 21, 2025, 7:00 PM CITY OF HAYWARD Page 5 Tuesday, December 17, 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, December 17, 2024 7:00 PM Council Chambers CITY COUNCIL MEETING 777 B Street, Hayward, CA 94541 City Hall, Council Chambers 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/86990386519?pwd=EdBdStDLJKbTyos6L8eA343hETPtxq.1 Meeting ID: 869 9038 6519 Password: C12/17@7pm or Dial: +1 669 900 6833 or +1 646 931 3860 Meeting ID: 869 9038 6519 Password: 8426948427 CITY OF HAYWARD Page 1 Tuesday, December 17, 2024 City Council Agenda December 17, 2024 CITY COUNCIL MEETING 777 B Street, Hayward, CA 94541 City Hall, Council Chambers CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Goldstein AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION ROLL CALL CLOSED SESSION ANNOUNCEMENT 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. 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 24-130 Approve the City Council Minutes of the Meeting on December 3, 2024 Attachments: Attachment I Draft Minutes of 12/3/2024 CITY OF HAYWARD Page 2 Tuesday, December 17, 2024 City Council Agenda December 17, 2024 2. CONS 24-641 Adopt an Ordinance of the City of Hayward Amending Chapter 12, Article 2 of the Hayward Municipal Code Relating to Tenant Relocation Assistance Attachments: Attachment I Staff Report Attachment II Summary of Published Ordinance 3. CONS 24-636 Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with the Alameda County Probation Department to Provide Delinquency Prevention Network Services, and to Accept and Appropriate $140,065 from Alameda County to Fund the Extension Attachments: Attachment I Staff Report Attachment II Resolution 4. CONS 24-637 Adopt a Resolution Authorizing the City Manager to: Award a Construction Contract to Redwood Painting Co., Inc., for the Water Resource Recovery Facility (WRRF) North Vacuator Rehabilitation Project in a Not-to-Exceed Amount of $358,481; Enter into a Professional Services Agreement with Coating Specialists and Inspection Services, Inc., in a Not-to-Exceed Amount of $44,080; and Appropriate Funds in the Amount of $402,561 Attachments: Attachment I Staff Report Attachment II Resolution 5. CONS 24-638 Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Cooperative Procurement Contract with Dell Technologies for Microsoft Software, Subscriptions, and Services for a Three-Year Contract in a Not-to-Exceed Amount of $412,341.90 Annually, and 5% Contingency of $61,851.28 for a Total Contract Amount of $1,298,876.98 Attachments: Attachment I Staff Report Attachment II Resolution CITY OF HAYWARD Page 3 Tuesday, December 17, 2024 City Council Agenda December 17, 2024 6. CONS 24-647 Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Sanbell for a Not-to-Exceed Amount of $685,000 for Final Design Services for the Safe Routes to School Implementation Project, Project No. 06941 Attachments: Attachment I Staff Report Attachment II Resolution 7. CONS 24-648 Adopt a Resolution Reappointing Council Member Syrop to the Alameda County Mosquito Abatement District Board of Trustees for a Two-Year Term Beginning January 6, 2025, Through December 31, 2026 Attachments: Attachment I Staff Report Attachment II Resolution 8. CONS 24-649 Adopt Resolutions Approving the Revised Plans and Specifications and Call for Bids for the La Vista Park Project, Project No. 06914; Authorizing the City Manager to Execute Amendment No. 3 to the Professional Services Agreement with Surface Design, Inc.; and Authorizing the City Manager to Execute a Memorandum of Understanding with the Hayward Area Recreational District for the Funding, Operation and Maintenance of La Vista Park Attachments: Attachment I Staff Report Attachment II Resolution - SDI PSA Attachment III Resolution - HARD MOU CITY OF HAYWARD Page 4 Tuesday, December 17, 2024 City Council Agenda December 17, 2024 9. CONS 24-651 Adopt Resolutions Authorizing the City Manager to (1) Amend the FY 2025 Agreement with Eden I&R, Inc. for Transportation Network Company (TNC) Paratransit Services by $180,000 for a Not-to-Exceed Amount of $452,619; (2) Execute an Agreement with Onward Health, Inc. to Develop and Pilot New Paratransit Services for the Remainder of FY 2025 for a Not-to-Exceed Amount of $235,438; and (3) Execute an Agreement with Onward Health, Inc. for Paratransit Services for FY 2026 for a Not-to-Exceed Amount of $880,613 Attachments: Attachment I Staff Report Attachment II Resolution - FY25 Agreement Amendment Attachment III Resolution - FY25 Agreement Attachment IV Resolution - FY26 Agreement 10. CONS 24-652 Adopt a Resolution Authorizing the City Manager to Transfer and Appropriate $128,150 from the General Fund to the Facilities Capital Improvement Fund Project No. 07222, for the Security and Infrastructure Repairs to Old City Hall Located at 22738 Mission Boulevard Attachments: Attachment I Staff Report Attachment II Resolution 11. CONS 24-658 Authorize the City Manager to Execute Agreements with the California Department of Tax and Fee Administration (CDTFA) for Implementation of a Local Transactions and Use Tax; and Approve Authorization for the Examination of Sales or Transactions and Use Tax Records Attachments: Attachment I Staff Report Attachment II Resolution CDTFA Attachment IIA Exhibit A Attachment IIB Exhibit B Attachment III Resolution Sales or Transactions and Use Tax CITY OF HAYWARD Page 5 Tuesday, December 17, 2024 City Council Agenda December 17, 2024 12. CONS 24-661 Adopt a Resolution: (1) Declaring a City Council Recess from December 23, 2024 through January 5, 2025 for the City’s Annual Holiday Business Closure; and (2) Authorizing the Interim City Manager, or their Designee, to Take Action on Administrative Matters as Necessary During the Recess Attachments: Attachment I Staff Report Attachment II Resolution 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. 13. WS 24-038 Let’s House Hayward Strategic Plan: Implementation Update and Discussion of Next Steps (Report from Assistant City Manager Youngblood) Attachments: Attachment I Staff Report Attachment II Let's House Hayward! Strategic Plan Attachment III Implementation Status Update Attachment IV Hayward Navigation Center Update Attachment V HEART Program Update Attachment VI Hayward PIT 2024 Infographic LEGISLATIVE BUSINESS 14. LB 24-030 Electrification Reach Code: Adopt a Resolution Finding and Determining the Need for Adoption of Modifications to the 2022 California Building Standards Code; Introduce a Revised Electrification Reach Code Ordinance with Amendments Related to EV Charging; and Finding that the Action is Exempt from CEQA (Report from Public Works Director Ameri) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Ordinance Amending Reach Codes Attachment IV Table Charging Requirements CITY OF HAYWARD Page 6 Tuesday, December 17, 2024 City Council Agenda December 17, 2024 15. LB 24-031 FY 2025 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2025 (Report from Human Resources Director Frye) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Revised FY25 Salary Plan Effective July 29, 2024 Attachment IV Revised FY25 Salary Plan September 23, 2024 Attachment V Revised FY25 Salary Plan December 30, 2024 16. LB 24-032 Unrepresented Salary and Benefits: Adopt a Resolution Amending the Salary and Benefits Resolution for Unrepresented Employees (Report from Human Resources Director Frye) Attachments: Attachment I Staff Report Attachment II Resolution Attachment III Revised Salary & Benefits Resolution 17. LB 24-033 City Manager: Adopt a Resolution Appointing Ana Alvarez as City Manager of the City of Hayward Effective January 9, 2025; Approving the Employment Agreement between Alvarez and the City of Hayward; and Authorizing the Mayor to Execute the Agreement (Report from Mayor Salinas) Attachments: Attachment I Staff Report Attachment II Agreement Attachment III 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 CITY OF HAYWARD Page 7 Tuesday, December 17, 2024 City Council Agenda December 17, 2024 December 24, 31, 2024 and January 7, 2025 Council Meetings - CANCELLED - NEXT MEETING, January 21, 2025, 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. 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, December 17, 2024

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