Attachment I Draft Minutes of 9/27/2022 — Hayward City Council, October 11, 2022

The City Council meeting was called to order by Mayor Halliday at 7:00 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Márquez

Present
Council Chamber: Council Members Salinas, Zermeño
Mayor Halliday
Virtual Platform (Zoom): Council Members Andrews, Lamnin, Márquez, Wahab

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed sess ion on September 27, 2022, at 6:00 p.m., with all members present, regarding conference with property negotiators pursuant to Government Code section 54956.8 regarding Matt Jimenez Community Center , 28200 Ruus Road; APN:
465-0001-009-05. City Attorney Lawson announced that Council gave d irection to its negotiating team but took no reportable action. The closed session adjourned at 6:48 p.m.

PUBLIC COMMENTS

Mr. Don Hokett, Northern California Carpenters L ocal Union 713 representative, spoke in favor of adding a erial lift standards to the City ’s prequalification language t o show that builders are valued in Haywar d and wanted to enga ge with the Council and developers to show how to cultivate a prosperous construction industry.

CITY MANAGER’S COMMENTS

There were none.

CONSENT

1. Adopt a Resolution Authorizing the City Ma nager to Execute an Amendment to the Existing Professional Services Agreement with Federal Engineering to Expand the Scope of Work to Include Ongoing Implementation Support Related to Dispatcher Hiring and Recruitment to Support the Hayward Evaluation and Response Team Program and to Increase the Contract Amount by $74,500, Not-To-Exceed $187,222 CONS 22-492

Staff report submitted by City Manager McAdoo, dated September 27, 2022, was filed.

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It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-235, “Resolution Authorizing the City Manager to Execute an Amendme nt to the Agreement with Federal Engineering for an Additional $74,500 to Include the Hiring of Subject Matter Expert(S) and Additional Support Staff to Implement Pilot Project Recommendations Not-to-Exceed $187,222”

2. Adopt a Resolution Authorizing the Cit y Manager to Execute an Agreement with the East Bay Municipal Utility District (EBMUD) for the Implementation of the City/EBMUD Jointly Prepared East Bay Plain Subbasin Groundwater Sustainability Plan CONS 22- 506

Staff report submitted by Public Works Director Ameri, dated September 27, 2022, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-236, “Resolution Authorizing the City Manager to Execute an Agreement with the East Bay Municipal Utility District (EBMUD) for the Implementation of the City/EBMUD Jointly Prepared East Bay Plain Subbasin Groundwater Sustainability Plan”

3. Adopt a Resolution Approving an Amendment to t he City of Hayward Salary Plan for Fiscal Year 2023 CONS 22-507

Staff report submitted by Assistant City Manager/ Interim Human Resources Director Youngblood, dated September 27, 2022, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-237, “ Resolution Approving the Amended Fiscal Year 2023 Salary Plan De signating Sa lary Ranges for Positions of Employment in the City of Hayward; and Superseding Resolution No. 22-188 and all Amendments Thereto”

4. Adopt Resolutions Authorizing the Sole Source Purchase of a Hydro Vactor from Owen Equipment Sales in an Amount Not-to-Exceed $412,000 and Appropriating Additional Funds CONS 22-518

Staff report submitted by Public Works Director Ameri, dated September 27, 2022, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-238, “Resolution Authorizing the City Manager to Execute the Sole Source Purchase of a Hydro Vactor from Owen Equipment Sales in an Amount Not-to-Exceed $412,000”

Resolution 22-239, “ Resolution Authorizing the City Manager to Appropriate Additional Funds in an Amount Up to $12,000 fr om the Sewer Replacement Fund”

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5. Adopt a Resolution Allowing the City C ouncil and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361 CONS 22-532

Staff report submi tted by City Manager McAdoo and City Clerk Lens, dated September 27, 2022, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-240, “Resolution Making the Required Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the COVID 19 State of Emergency”

6. Adopt a Resolution Accepting the Resignation of M s. Lac ei Ramirez-Amodei from the Community Services Commission, Effective Immediately CONS 22-533

Staff report submitted by City Clerk Lens, dated September 27, 2022, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-241, “Resolution Accepting the Resignation of Ms. Lacei Ramirez Amodei from the Community Services Commission”

7. Adopt a Resolution Appointing Ms. Elena Lepe to the Community Services Commission to Fill the Unexpired Term of Ms. Lacei Ramirez-Amodei CONS 22-534

Staff report submitted by City Clerk Lens, dated September 27, 2022, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-242, “ Resolution Appointing Ms. Elena Lepe to the Community Services Commis sion to Fill the Unexpire d Term of Ms.

Lacei Ramirez Amodei”

WORK SESSION

8. Fireworks: Update on Implementation of Hayward’s Enhanced Approach to Education and Enforcement of Its Fireworks Ban WS 22-028

Staff report submitted by Assistant City Manager/Development Services Director Ott, dated September 27, 2022, was filed.

Assistant City Manager /Development Services Director Ott announced the item and introduced Deputy Development Services D irector Buizer who provided a n update o n the implementation of the two ordinances related to fireworks, community outreach, education efforts, and enforce ment of fireworks ban. Deputy P olice Chief Matthews provide an overview of the challenges from a public safety and enforcement perspective.

Mayor Halliday opened the public comment period at 7:32 p.m.

Mr. Frank Goulart noted that the fireworks issue was year-round and occurred on other significant holidays, suggested a concerted eff ort by law enforcement agencies throughout the Bay Area and recommended that staff from different departments wo rk together , similar to how the graffiti abatement was addressed.

Ms. TJ, with Hayward Concerned C itizens, wondered if drone technology could be used for areas that were id entified as bei ng problematic and asked if the revenue generated from citation fines would be used towards paying for Police Department overtime.

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Ms. Patricia expressed concern about fireworks being used at community parks, shared this year there was a fire at Christian Penke Park and a resident’s yard caught on fire, and stated the area was not patrolled on the Fourth of July holiday and the park was not zoned off to prevent illegal activity.

Mayor Halliday closed the public comment period at 7:40 p.m.

Deputy Development Services Director Buizer addressed public comments indicating: staff could explore opportunities to address other holidays whe re such activities are occurring; staff could reach ou t to neighboring cities to gauge interest for a regional approach; no funds had been received from citations yet and there were still overtime costs to pay; parks have provisions banning fireworks citywide and lack of resources was the main issue in not being able to enforce the regulations; and forming partnerships with neighboring cities and leveraging resources was a good approach. Deputy Police Chief Matthews stated that it may be possible to use drones for firework enforcement ensuring the use aligns with its policy and noted that although officers are scheduled to work on the Fou rth of July an d New Year’s Eve holidays, the challenge is limited capacity.

Discussion ensu ed among members of the City and City staff regarding: c itations for violations and failure to pay them may result in prope rty liens; staff was not aware of any staff injuries that had resulted from the enforcement ; notices were mailed to 68,267 parcel addresses that were identified as areas prone to on going illegal fi reworks activity in addition to the dual-language notices i ncluded as water bill inserts that had been disseminated to residents throughout the ci ty; p otential budget in crease as par t of the future budget process based on Council direction; staff was open to feedback to improve the program and noted that hearing fees were developed based on a Nex us study assessing user fees; equipment used to capture violation d uring the holiday such as body worn and cell phone cameras; and additional training for staff.

Members of t he C ity Council commended staff for the pilot pro ject; thanked the multidepartment efforts around education and social me dia campa ign, posting of signage throughout the city, and other means of spreading awareness, which resulted in decrease of fireworks activity; and thanked community members for their input.

Council Member Zermeño offered the following suggestions/comments: consider expanding the number of ‘no fire works” signs posted throughout the city ; share information, through the educational component of the program, on why there is no longer fireworks shows in Hayward and share information on places that hold fireworks shows in the Bay Area ; consider increasing the fine for individuals who violate the fireworks ordinance for consecutive years ; and n oted that fireworks should be lit where they are purchased.

Council Member Andrews offered the fol lowing suggestions/comments: reach out to jurisdictions like Union City to explor e a collaboration as they w ere also conflicted with illegal fireworks activity; look into the sales of fireworks through social me dia companies and hold them accountable for the activity; explore partnering with HARD to increase the

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Hybrid (Council Chamber) Virtual Platform (Zoom)
https://hayward.zoom.us/j/85407475291?pwd=MzZiVDdBWjNJSTVOdFkrOTYwVnhLUT09 Tuesday, September 27, 2022, 7:00 p.m.
number of employees working holidays to assist the Police Department with enforcement and reporting violations occurring on park premises; partner with HUSD and local colleg es to tackle illegal fireworks activity; have staff set up tents in shopping center parking lots to engage shoppers about fireworks policies; engage state and fe deral representatives to determine a solution to activities occurring all year round and impacting people’s quality of life; and explore establishing a hotline that residents can uses to report on other noncompliant residents.

Council Member Salinas offered the following suggestions/comments: place a message at the bottom of business receipts to indicate th at fireworks are illeg al; place signage at booths wh ere firewo rks are sold and at bordering streets b etween Hayward and Union City; noted the primary goal wa s to cur b the illegal use of professional grade fireworks which impact t he eld erly, pets and individuals suffe ring from post -traumatic stress disorder (PTSD); saturate the neighborhoods that were ident ified in t he heat map with notices in utilities bills and signage and have strategic enforcement consisting of Police and Fire personnel presence ; look into creatin g an alternative even t on the Fourth of July holiday aimed a t steering people away from illegal fireworks, such as a light parade or similar light exposition/laser light display in downtown or at one of the corridors; and explore alternative options to spending an exorbitant amount of money on enforcement.

Mayor Halliday commented that a show with laser projections may be feasible at the future Stack Center or on the hills at La Vista Park.

Council Member Wa hab offered the following suggesti ons/comments: h ighlight major holidays and sporti ng events when illegal fireworks commonly occur; work with the Hayward Unified School District to educate students through a flyer in multiple languages that students be required to have parents sign or teachers’ announcements discouraging unauthorized fireworks; consider a mechanism of issuing warnings before charging fines; do not fully support engaging a “street team ” but preferred that more City staff have the ability to issue citations ; disseminate notifications through soc ial medi a and via email in multiple languages as this approach is more cost-effective to distributing citywide mailers; include a message in the annual report issued by the City Manager indicating fireworks are not permitted in the city; cautioned on the use of equipment to capture footage and become a surveillance state; make sure the information collected from the public to write citations is v erified to ensure that data is current and accurate; use electronic billboards ne ar freeways and at Southland Mal l to di splay “no firewor ks” messages a month prior to holidays.

Council Member M árquez offered the following suggesti ons/comments: consider add ing the topic of fire works to the list of legislative priorities for state and federal lobbyists; partner with HUSD to disseminate information through HUSD’s newsletter; concurred with outreach efforts vi a pop -up booths a t Target and other grocery stores with high traffic ; 8 | S e p t e m b e r 2 7 , 2 0 2 2
engage volunteers through Hayward Neighborhood Alert leading up to ma jor holid ays; include a writeup in the Stack new sletter on a quarterly basis to underscore that fireworks are illegal in Hayward; continue to fine offenders as long as there is evidence, and consider some leniency by allowing installment payments; collaborate with HARD to tackle hot spot parks and perhaps HARD can explore hiring temporary staff to have an increased presence at parks; the fireworks issue is a priority as it impacts the quality of li fe for residents, pets and individuals suffering with depression, anxiety, and PTSD; continue to send messages to the community emphasizing that illegal fireworks are not permitted in Hayw ard; and collaborate with Union City to address ongoing fireworks prob lem.

Council Member Lamnin offered the following suggestions: partner with HUSD on outreach through Peach jar; ensure that M-80 fire crackers and sales of fireworks through social media are added to the legislative advocacy agenda to ensure lobbyists are paying attention to regional issues; consider displaying me ssages through Comcast billboards ; consider having Animal Services provide information at their events on how to help pets that have been conditioned to have strong reaction s; engage Hayward Neighborhood Alert, Community Emergency Response Team(C ERT), Neighborhood Emergency Response Team (NERT) volunteers to assist with outreach events and help activate the hot spot parks such as host a glowstick event in the evening ; have a regional approach; wondered if fireworks sales booths in Union City would sell laser lights instead of M -80 firecr ackers; urged residents to talk to t heir community grou ps to see if the y would be interested in hosting laser lights shows, and perhaps the City could be of assistance with grants and permitting process for supporting community events.

Mayor H alliday expressed the following suggesti ons/comments: f ireworks are most intense on the Fourth of July holiday; supported drone coverage for areas with intense activity to help get at tention to those areas and underscored how d angerous these activities can get; supported partnering with HUSD to get information out; stated she thought Union City sold smaller scale fireworks like sparklers which are different than M- 80 firecrackers which impact pets and individuals suffering from PTSD; favored more City staff in add ition to police officers, being present and helping with enforcement on other holidays such as New Year’s Eve; s uggested that staff work on a budget proposal and express that res ources need to be directed towar ds de aling with fireworks issues ; and stated that the program would imp rove every ye ar and tha t over time, there w ould be a reduction in fireworks activities.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Márquez encouraged all to subscribe to the Leaflet, the City’s Environmental Newsletter, and shared the current issue featured the City made the Environmental Protection Agency’s top 30 list for on-site generators of renewable energy, had a quiz on how to recycle, and information on free mattress and box spring disposal; and as the City’s representative to East Bay Community Energy (EBCE), she reported th at EBCE voted to expand its service to Stockton in San Joaquin County.

Council Member Salinas announced the 12th annual Hayward Mariachi Festival on September 30, 2022, at City Hall Plaza.

Council Member Zermeño announced the Ballet Folklorico of Winton Middle School and Mariachi Mexicanisimo would be performing at the Hayward Mariachi Festival.

Council Member Andrews announced the Science in the Park event at Cal State East Bay on October 1. 2022.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the meeting at 8:52 p.m., in memory of Ms. Deanna Bogue and Ms.

Betty Moose.

Ms. Deanna Bogue was a longtime Southgate resident, was involved in the Sout hgate Area Homeowners Association, was an active member of the Hayward Neighborhood Alert Program and the Greater Hayward Democratic Club and thoughts were sent to her son Ed Bogue who represents the city on the Oakland Airport Noise Forum and the Alameda County Airport Land Use Commission.

Ms. Betty Moose, San Lorenzo resident, was a founder of Ruby’s Place and Hayward Shoreline Advocates, was a member of th e Hayward Shoreline Planning Agency, and volunteered with the Hayward Area Recreation District and the Eden Area League of Women Voters.

Mayor Halliday asked City staff to work with their families and dedicate a tree in their honor.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

Hayward City CouncilOctober 11, 2022

Hayward City Council
October 11, 2022