SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING 777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/87906807709?pwd=QVdoQ0pneVlGMzRxZHFvdVlZb1hKUT09 Tuesday, February 1, 2022, 7:00 p.m.
The Special Joint City Council and Planning Commission meeting was called to order by Mayor Halliday at 7:00 p.m. The City Council held a virtual meeting with teleconference participation by members of the City Council, staff and public.
Pledge of Allegiance: Council Member Salinas
ROLL CALL
Present: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday
Absent: None
CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on February 1, 2022, at 5:30 p.m., with all members present, regarding two items: 1) public employment pursuant to Government Code section 54957 regarding the City Clerk’s annual performance evaluation; and 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(4) regarding one anticipated litigation. Mayor Halliday noted there was no reportable action related to Item 1, and City Attorney Lawson announced there was no reportable action related to Item 2. The closed session adjourned at 6:50 p.m.
Mayor Halliday announced, Public Hearing No. 8 (Andina Affordable Housing Project TEFRA Hearing) would be continued. Mayor Halliday noted the published agenda listed the public hearing continued to February 15; however, she announced the hearing would be held the following week at a special City Council meeting on February 8, 2022, at 7:00 p.m.
PUBLIC COMMENTS
TJ, Hayward Concerned Citizens member, indicated she did not see mitigation of fireworks nor upkeep of the Hayward Police Station at the proposed 2022 Strategic R oadmap discussion, and asked that the two topics be added to the roadmap.
CITY MANAGER’S COMMENTS
City Manager McAdoo highlighted activities at the Hayward P ublic Library in celebration of Black History Month including a display of art by local artists a nd Haywa rd Arts Council members and a second entitled, “Stitching Russell City Stories: Quilts by the Late Marion Coleman.”
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CONSENT
Consent Item No. 4 was removed from the Consent Calendar for a separate vote.
1. Approve City Council Minutes of the City Council Meeting on January 18, 2022 MIN 22- 013
It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried unanimously, to approve the minutes of the City Council meeting on January 18, 2022.
2. Adopt a Res olution Approving Plans a nd Specifications, and Calling for Bids for the Municipal Parking Lot No. 1 Improvement Project No. 05286 CONS 22-047
Staff report submitted by Director of Public Works Ameri, dated February 1, 2022, was filed.
It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-032, “Resolution Approving Plans and
Specifications, and Calling for Bids for the Municipal Parking Lot No. 1 Improvement Project No. 05286”
3. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 7 to the Professional Services Agreement with CSG Cons ultants, Inc., for Private Development Review Services in the Amount of $130,000 f or a Total Not -To-Exceed Amount of $1,700,000 CONS 22-063
Staff report submitted by Director of Public Works Ameri, dated February 1, 2022, was filed.
It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING 777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/87906807709?pwd=QVdoQ0pneVlGMzRxZHFvdVlZb1hKUT09 Tuesday, February 1, 2022, 7:00 p.m.
Resolution 22-033, “Resolution Authorizing the City Manager to Execute Amendment No. 7 to the Professional Services
Agreement with CSG Consultants, Inc., for Private Development Review Services in the Amount of $130,000 for a Not-to-Exceed Amount of $1.7 Million”
4. Adopt a R esolution Authorizing the City Manager to Negotia te and Execute an Agreement with Avidex Industries LLC, to Replace End-of-Life Hardware in the Council Chambers and City Hall Conference Room 2A in an Amount Not -to-Exceed of $107,558.83 CONS 22-080
Staff report submitted by Chief Information Officer/ Director of Information Technology Kostrzak dated February 1, 2022, was filed.
Council Member Wahab recommended that end-of-life hardware be destr oyed onsite to mitigate privacy and security concerns.
It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-036, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Avidex Industries, LLC, to Replace End-of-Life Equipment in the Council Chambers and City Hall Conference Room 2A in an Amount Not -to-Exceed $107,558.83”
5. Adopt a Resolution Accepting and Filing the Annual Comprehensive Financial Report for the Year Ended June 30, 2021 CONS 22-070
Staff report submitted by Director of Finance Claussen dated February 1, 2022, was filed.
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It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-034, “Resolution Accepting and Filing the Annual Comprehensive Financial Report for the Year Ended June 30, 2021”
6. Adopt a Resolution Approving Garbage and Recycling Rates for FY2022-2023 CONS 22- 081
Staff report submitted by Director of Public Works Ameri, dated February 1, 2022, was filed.
It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-035, “Resolution Approvi ng the Garbage & Recycling Rate Adjustment for 2022-2023”
SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION WORK SESSION
7. Joint Work Session: Density Bonus Ordinance Update and Residential Objective Standards Project WS 22-004
Staff report submitted by Assistant City Manager/Development Services Director Ott, dated February 1, 2022, was filed.
Mayor Halliday welcomed Planning Commission Chair Oquenda and all Planning Commissioners.
City Clerk Lens called the roll of the Planning Commission. All seven Commissioners were present: Aidan Ali -Sullivan, Ray Bonilla Jr., Daniel Golds tein, Briggitte Lowe, Zachariah Oquenda (Chair), Julie Roche, and Robert Stevens.
SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING 777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/87906807709?pwd=QVdoQ0pneVlGMzRxZHFvdVlZb1hKUT09 Tuesday, February 1, 2022, 7:00 p.m.
Assistant City Manager Ott announced the item noting recent significant State legislation (SB35, SB 330 and SB9) which affected housing policy and construction , staff’s efforts working on implementation of new laws and successfully obtained grant funding; and introduced Senior Planner Blanton who provided an overview of a planning project related to Zoning/General Planning consistency updates and objective resi dential standards which included an overview of State legislation.
Mayor Halliday opened public comments at 7:39 p.m.
Mr. Niko Nagel, speaking on behalf of Housing Action Coalition, favored not getting too far into the details (color, style, etc.) so as not to inhibit solutions to design; and recommended looking at City of El Cerrito’s Form-Based Code for its objective guidelines.
Ms. Ro Aguilar noted that new housing should be a mix of duplexes and tri plexes alongside single ho mes in a complementary way and consistent with the neighborhood ’s aesthetic, more of the “missing middle” should have compatible housing and common cars should be considered for big developments to address parking.
Mr. Robert Carlson recommended not to hold all neighborhoods into the same standards and have some individuality in existing communities.
Mr. Daniel Fernandez favored seeking consistency in housing/objective standards which would create an attractive and inviting en vironment and noted that projects have suffered when evaluated on its own terms.
Mayor Halliday closed public comments at 7:50 p.m.
Members of the Planning Commission offered the following comments r egarding parking issues: traffic congestion in Hayward is a problem, such as along M ission Boulevard; the amount of car s contributes to the problem; parking structures in the downtown, shuttles for heavily congested hou sing areas , and other inno vative ideas should be considered in solving parking needs; lack of minimum parking requirements is an issue that should be addressed; adequate parking standards should be cons idered moving forward; the reality of car and public tr ansportation usage, particularly during current health situation, should be taken into account when considering parking s tandards; and as the City allows more diverse ways to use property and build more density, leverage relationships t o talk with community members who are most impa cted b y infill developments to understand their perspective.
Members of the Planning Commission offe red the following comments regarding qualities of residential development objective standards : bring more housing to Hayward overall ; assist the “missing middle” earners with options for buil ding and express those clearly to the community and existing residents; height requirements should exist; consider changing development sta ndards and landscape d esign standards ; p hysical form and high-quality 6 | F e b r u a r y 1 , 2 0 2 2
design are most critical in terms of development ; consider Palo Alto and Berkeley for good design and st yle; agreed with qualities of resi dential development standards reviewed by the City but not being overly prescriptive ; consider composit ion of n eighborhoods and ensure that what is built or where that “missing middle” is inserted fits as best as possible ; consider the correct “massing” and placing of like types of projects and look for innovative ways to fill in the gap ; a ddress parking standards; s et minimum parkin g standards low having in mind desire for fewer cars on the streets ; m ight want to include minimum standards for environmentally friendly landscaping; and include standards that maximize the ability for developers to be creative in adding more housing.
Members of the Planning Commission offered the followin g comments regarding the stakeholders that should be engaged as part of the process a nd/or outreach strategies: the need for robust community outreac h process is critical in finding what the community wants for its development to achieve compatibility ; educate residents on the new laws in the most general way p ossible with transparency ; conduct outreach, such as done with regional community meetings and neighborhood meetings on other issues ; reach out to stakeholders such as homeowner ’s associations (HOAs) , tenant s associations, faith organizations, Hayward Concerned Citizens, National Association for the Advancement of Colored People (NAACP), La Familia, parent-teacher orga nizations, emergency personnel (Police and Fire) , and South Hayward stakeholders ; invite residents who spea k different languages and residents most impacted by the issues; engage design professionals to help guide the process; invite developers and consultants; and invite stakeholders, educate them and then ask for their input.
Members of the City Council offered the following comments r egarding parking issues: the parking issue is s imilar to homes adding Accessory Dwelling Units ( ADUs) to existing houses which could double the number of cars on one site; consider parking structure near housing to addre ss parking issues ; w ork with d evelopers to incentiviz e use of bicycles ; continue proposing car lifts, BART /AC Transit passes; c ontinue to think about bicycle infrastructure in a way that it does not disturb the community; parking has long b een an issue that requires better planning standards to mitigate concerns; consider tradeoffs such as h aving a shuttle , car shar ing program or technological solutions to offset parking; use garages for parking as stipulated in Covenants, Conditions and Res trictions (CC&Rs); consider transportation management and partnerships; consider dedicated space for extra, non-commute cars, to help neighborhoods and o ffer space for owners to work on cars; parking should be prioritized in new development s, and perhaps u se of front lawns for parking; make parking mandatory for townhomes/condos; working class people may drive farther to their jobs and need their cars, parking space; should prioritize parking and needs with new development ; community preservation is needed to enforce parking on lawns ; there should be sta ndards f or parking ; and reduce dependency on single vehicles to encourage people to change habits.
SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING 777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/87906807709?pwd=QVdoQ0pneVlGMzRxZHFvdVlZb1hKUT09 Tuesday, February 1, 2022, 7:00 p.m.
Members of the City Council offered the following comments regarding qualities of residential development objective standards : idea of duplexes, triplexes, etc. was a good one but, could have difficulties, e.g. space for six or more cars at one property; exercise care about the “missing middle” regarding aesthetics, and parking; re-think certain locations for building housing, such as on the hillsides ; consider adjustments to frontages if folks do not garden and/or have native landscaping whenever viable; encourage developers to maintain sense of identity in communities; environmental concerns should be included in standards; stepped density seems to be more acceptable; maintain view corridors ; maintain as much privacy as feasib le; h ave conversations with neighborhood groups t hat ha ve community standards; think differently, but do not micr o-manage developments , and keep certain standards such as not using bars on windo ws; fences made of metal bring down aesthetics of the neighborhoods; u se of trees and natural barriers could help privacy concerns and provide a lternative to fences ; ther e was overall support for higher de nsity and in fill development; i n developing standards, ensure the communit y is clean and in clusive; a nd respect the uniqueness of neighborhoods and ensure new developments ar e consi stent with surrounding neighborhoods ; and prevent speculative investments by increasing real property transfer tax for units sold that are a certain percentage above the purchase price.
Members of the City Council offered the following comments regarding the stake holders that should be engaged as part of the process a nd/or outreach strategies: while conducting outreach, t he Cit y needs to connect why the “missing middle ” is an important concept to current homeowners and share the services it provides in tr ying to create more housing in a responsible manner ; engage local stakeholders and see k input from experts outside the City; c onsider holding meetings/charrettes to educate re sidents in a wa y that is easy to understand such as building Legos; m eet people where they are such as at the farmers market, library, doughnut/coffee shops; follow outreach plans for Housing Element an d Environmental Justice engagements; educate community members about the need for th e new standards, possibly with a video and footage with local community me mbers; follow the “City Hall to You” approach for outreach on development standards ; include language interpretation in Spanish and other languages as needed; outreach must include listening to existing and potential new neighbors and their views on standards ; engage experts on design and planning to get diversity of thought; include state legislators in outreach efforts; and consider a work session with d evelopers to address obsta cles to building affordable housing.
Acting Planning Manager Lochirco indicated the goal of the work session was to provide an overview of the Density Bonus Ordi nance and needed update to align with current state legislation, provide case studies from other jurisdi ctions, and collect feedback from City Council and Plannin g Commission; and introduced CSC consultant Laurel Matthew s to provide an overview of the Density Bonus Ordinance project, a timeline, and next steps.
Mayor Halliday opened public comment 9:32 p.m.
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Ms. Ro Aguilar recommended the City follow the State’s Density Bonus formula with a focus on ho me ownership for low-income people; and revise the Housing Element to require greater percentage of affordable housin g in new re sidential projects.
Mayor Halliday closed public comment at 9:35 p.m.
Members of the City Council and Planning Commissio n generally favored following the State’s Density Bonus formula with additional incentives for types of housing such as high- rise, mini homes, container homes, mobile homes, multiple bedrooms, duplexes included in single family home development, mixed-income housing, stacked flats studios, working space units, community rooms or rooms have fiber built in , diversity of housing ranges in terms of size and loca tion; consider setbacks, density, parking and offering something in exchange for more affordable housing.
Members of the City Council and Planning Commission also offered the following: be creative about the list of incentive s to ensure reaching Regional Housing Needs Allocation (RHNA) numbers and meeting the target of affordable housing units; allow more incentives and flexibility with a focus on the type of housing needed; evaluate if parking is the right incentive to offer ; p rioritize what Hayward is doing to preserve residents w ho live in Hayward including single parents and aging a dults on fixed in come and avoid displacement; explore ways to incentivize inclusionary housing on site; consi der not changing parking require ments but iden tifying other incentives such as streamlining permit processes or defer property tax; in lieu fees should only be an option if units cannot be built; create predefined incentives to help streamline development process and clarify rules for developers; need to stay competitive so as not to lose housing units to areas more competitive dev elopmentally; expressed concern with terms such as high density, low income, as they may have repercussions with regard to decision makers for chain store groceries and bank financing ; expressed concern about affordable housing near transit with no parking as families might need cars for work-related activities; create guidelines on how to define incentives; craft an ordinance to reach broad and deep afford ability on housing units built, leave the process open and ch ange ordinance over time ; on possib le incentives, need to have levels of affordability locally to allow density bonus to come into effect and evaluate impact of minimum 30% density bonus threshold and then offer range on the bonus benefit ; ensure incentivizing rental as well as home ownership opportunities for low-income and all income levels ; consider increasing in lieu fees to incenti vize more onsite inclusive affordable housing; consider fees based on sq. ft. rather than on a per unit basis; concerned with a llowing developers to charge maximum rents ; consider i ncentives requiring universal design , such as bedrooms on the first floor, and providing amenities such as dog park, public art, recreation/open space and onsite childcare; decisions must be data driven, e.g., providing incentives for student housing in comparison to t he growth of colleges v. need for senior housing; diversifying the in centives will strengthen the ordinance; unbundled parking (pay for parking) might reduce car d ependence; a nd incentives could include g round floor retail in multi-family or neighborhood serving retail and childcare.
SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING 777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/87906807709?pwd=QVdoQ0pneVlGMzRxZHFvdVlZb1hKUT09 Tuesday, February 1, 2022, 7:00 p.m.
Members of the City Council and Planning Commission generally agreed with a ligning the density bonus approval process with the stand ard entit lement process to streamline housing permitting.
Following gratifying comments from all members of the City Council and Planning Commission, City staff t hanked the Mayor, Council Members and Planning Commissioners for their valuable input.
PUBLIC HEARING
8. Andina Affordable Hou sing Project TEFRA Hearing: Public Tax and Equity Fiscal Responsibility Act (TEFRA) Hearing as Required by the Internal Revenue Code of 1986, and Adoption of a Resolution Approving the Issuance of Revenue Bo nds by the California Municipal Finance Authority in an Amount Not -to-Exceed $45,000,000 to Finance or Refinance the Acqu isition, Rehabilitation, Improvement and Equipping of a Multifamily Rental Housing Project Located at 1180 -1182 E Street, Hayward, Cali fornia (Item Continued) PH 22-003
Mayor Halliday announced this public hearing was continued to February 8, 2022.
COUNCIL REPORTS AND ANNOUNCEMENTS
There were none.
COUNCIL REFERRALS
There were none.
ADJOURNMENT
Mayor Halliday adjourned the joint City Council/Planning Commission meeting at 10:45 p.m.
APPROVED
__________________________________________________________ Barbara Halliday
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward