City Council
CITY OF HAYWARD
Agenda
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual
Platform (Zoom)
7:00 PMTuesday, December 6, 2022
CITY COUNCIL MEETING
NOTICE: The City Council will hold a hybrid meeting in Council Chambers and virtually via Zoom.
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December 6, 2022City Council Agenda
CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Council Member Lamnin
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
PRESENTATION
Certificate of Commendation Presented to Senator Bob Wieckowski
PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information 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.
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
Approve the City Council Minutes of the City Council Meeting on November 1, 2022
MIN 22-1291.
Attachments: Attachment I Draft Minutes of 11/1/2022
Approve the City Council Minutes of the City Council Meeting on November 15, 2022
MIN 22-1402.
Attachments: Attachment I Draft Minutes of 11/15/2022
December 6, 2022City Council Agenda
Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold
Continued Teleconferenced Public Meetings Pursuant to AB 361
CONS 22-6593.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit to Resolution
Adopt a Resolution Accepting the Resignation of Ms. Gordean Lum-Villiados from the Keep Hayward Clean and Green Task Force, Effective Immediately
CONS 22-6744.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Accepting the Resignation of Ms. Arti Garg from the Community Services Commission, Effective
Immediately
CONS 22-6725.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Accepting the Resignation of Mr. Zachariah Oquenda from the Planning Commission, Effective Immediately CONS 22-6616.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Appointing Ms. Arti Garg to the Planning Commission to Fill the Unexpired Term of Mr. Zachariah
Oquenda
CONS 22-6627.
Attachments: Attachment I Staff Report
Attachment II Resolution
December 6, 2022City Council Agenda
Adopt a Resolution Rescinding a Portion of the Previously Adopted Resolution 20-065, Regarding Approval of a Financing Model that Supports the Development of Middle-Income
Affordable Housing and Authorization of the City Manager to Execute Purchase Option Agreements with the California
Community Housing Agency
CONS 22-6488.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Brown and Caldwell to Increase the Contract Amount by $4,800,000 to a Total
Not-to-Exceed Amount of $8,649,711 for Final Design Services for the Administration and Laboratory Building, and Primary Effluent Equalization Basin Relocation Projects, and
Geotechnical Investigation Services for the Water Pollution Control Facility Improvements Phase II Project No. 07760 CONS 22-6639.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Supporting East Bay Municipal Utility District’s (EBMUD) Grant Funding Application for the
Implementation of Management Actions and Projects in the City/EBMUD Jointly Prepared East Bay Plain Subbasin
Groundwater Sustainability Plan
CONS 22-66510.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Demonstrating Compliance with State
Housing Laws per the Metropolitan Transportation
Commission and One Bay Area Grant Funding Requirements
CONS 22-66611.
Attachments: Attachment I Staff Report
Attachment II Resolution
December 6, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Agreement with Workforce Integrity and Training Solutions, LLC for Labor Compliance
Coordination Services in the Amount of $200,000 for a Total Not-To-Exceed Amount of $372,000 and for Extension of the Agreement to December 31, 2023
CONS 22-67612.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Amending Resolution 22-087 to Apply as Joint Applicant with EAH, Inc for the California State
Department of Housing and Community Development
California Housing Accelerator Limited Accelerator Project Gap Funding Program
CONS 22-67813.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution 22-087
Attachment IV Income and Rent Limits
Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2023 Pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act CONS 22-67914.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept $8,558,902 in State Library Grant Funds for Construction of the Stack Center and to Execute Associated Grant Agreements CONS 22-68015.
Attachments: Attachment I Staff Report
Attachment II Resolution
December 6, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Lease Agreement with the Alameda County
Deputy Sheriffs’ Activities League to Expand the Commercial Kitchen at the Matt Jimenez Community Center and Operate the Commercial Kitchen Incubator Program
CONS 22-68116.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions Authorizing the City Manager to: (1) Accept and Appropriate Funds Awarded by the California State
Legislature under Assembly Bill 179 in an Amount up to $5.4 Million for the City’s Scattered Site Housing Program, and Negotiate and Execute Documents and Any Subsequent
Amendments, Modifications, or Documents Thereto with the California State Department of Housing and Community
Development; and (2) Negotiate and Execute Loan Documents between the City of Hayward and Bay Area Community
Services in an Amount Not-to-Exceed $5.4 Million to Acquire and Rehabilitate a Minimum of Three Single-Family Homes for the City’s Scattered Site Housing Program, for which the California Environmental Quality Act Does Not Apply
CONS 22-68217.
Attachments: Attachment I Staff Report
Attachment II Resolution to Accept and Appropriate Funds Attachment III Resolution to Negotiate and Execute Loan Adopt a Resolution Authorizing the City Manager to 1)
Negotiate and Execute an Agreement with Eden Health District (EHD) for the Award of $250,000 to the City for the Acquisition of the St. Regis Retirement Center; (2) Accept and Appropriate the Funds Awarded by EHD; and (3) Negotiate and Execute an Agreement for Transfer of the $250,000 in Funds from the City to Bay Area Community Services for Down Payment Assistance to Acquire the St. Regis Retirement Center
CONS 22-68418.
Attachments: Attachment I Staff Report
Attachment II Resolution
December 6, 2022City Council Agenda
Adopt a Resolution Accepting the Fiscal Year 2023 Statement of Investment Policy and Delegation of Authority
CONS 22-68619.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Statement of Investment Policy Review Memo Attachment IV FY 2023 Statement of Investment Policy
Adopt a Resolution Accepting Transmittal of the Annual
Mitigation Fee Act Report (AB1600)
CONS 22-68720.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Report of Development Fees
Adopt a Resolution Authorizing the City Manager to Execute a Letter of Intent with the Alameda County Fire Department to Negotiate the Terms of a Proposal for Ambulance Services and/or Emergency Medical Services in Alameda County
CONS 22-69821.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Letter of Intent
December 6, 2022City Council Agenda
PUBLIC HEARING
Density Bonus Ordinance: Introduce an Ordinance Related to Text Amendments to Chapter 10 (Planning, Zoning, and
Subdivisions) of the Hayward Municipal Code for the Adoption and Updates to the City’s Density Bonus Ordinance and Adopt a Resolution Supporting the Proposed Zoning Text Amendments and Approving an Addendum to the Hayward 2040 General
Plan Environmental Impact Report for the Administration of a New Density Bonus Program in the City of Hayward (Report from Assistant City Manager/Development Services Director Ott)
PH 22-06522.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Draft Ordinance
Attachment IV CEQA EIR Addendum
Attachment V Recommendations Not Supported By Staff
Attachment VI Stakeholder Interview Comments
Attachment VII Draft Planning Commission Minutes 11/10/22
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.
Smoke-Free Multi-Family Housing: Proposed Timeline for
Updated Regulations
RPT 22-11123.
Attachments: Attachment I Staff Report
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.
December 6, 2022City Council Agenda
City Council Referral: Hayward Family Resource Center (Report from Council Members Andrews and Wahab)
RPT 22-11324.
Attachments: Attachment I Council Referral Memo
ADJOURNMENT
NEXT SPECIAL MEETING, December 13, 2022, 6:00 PM
INSTALLATION OF MAYOR-ELECT SALINAS AND
COUNCIL MEMBERS-ELECT JULIE ROCHE AND GEORGE SYROP
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their address 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 [email protected].
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.