Tuesday, December 13, 2022
6:00 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda
December 13, 2022City Council Agenda
SPECIAL CITY COUNCIL MEETING
NOTICE: The City Council will hold a hybrid meeting in Council Chambers and virtually via Zoom.
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 . U s e e C o m m e n t o n t h e C i t y ' s M e e t i n g & A g e n d a C e n t e r w e b p a g e a t :
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Password: Dec13/@6pm
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SPECIAL CITY COUNCIL MEETING
Hayward Police Department and Hayward Fire Department Honor Guard Escort Mayor -Elect Salinas to the Council Chambers dais and Council Member -Elect Julie Roche and Council Member -Elect George Syrop to their seats in the Council Chambers, pending installation.
CALL TO ORDER: Mayor Halliday
SPECIAL PRESENTATIONS
December 13, 2022City Council Agenda
Color Guard Flag Ceremony
Police Department Honor Guard and Fire Department Honor Guard Pledge of Allegiance
Liliana Perez - St. Bede Catholic School
Drayke De Guzman - Eldridge Elementary School
Anna Tran - Hayward High School
Star-Spangled Banner
Mt. Eden High School Choir
Director of Choir Christy Rohayem
ROLL CALL
PUBLIC COMMENTS
Limited to Items on the Agenda.
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.
December 13, 2022City Council Agenda
ELECTION
General Municipal Election: Adopt a Resolution
Acknowledging Receipt of Certificate of Election Results and Official Canvass of the General Municipal Election Held November 8, 2022, and Declaring the Results Thereof (Report from City Clerk Lens)
LB 22-0281.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A
PRESENTATION
Special Recognition for Mayor Halliday, Council Member Sara Lamnin and Former Council Member (State Senator) Aisha Wahab
INSTALLATION
Oath of Office and Installation of Mayor-Elect Mark Salinas, Council Member-Elect Julie Roche, and Council Member-Elect George Syrop
ELECTION
Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2023 (Report from City Clerk Lens)
LB 22-0272.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Mayor Pro Tempore List
Council Vacancy Process: Adopt a Resolution Approving a Process for Filling a Two-Year Term City Council Vacancy (Report from City Manager McAdoo, City Attorney Lawson, and City Clerk Lens)
LB 22-0263.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Council Application
December 13, 2022City Council Agenda
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 TO RECEPTION IN THE ROTUNDA
All attendees are invited to participate.
December 20 and December 27, 2022 Council Meetings - Canceled -
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.
December 13, 2022City Council Agenda
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.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 22-028
DATE: December 13, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
General Municipal Election: Adopt a Resolution Acknowledging Receipt of Certificate of Election Results and Official Canvass of the General Municipal Election Held November 8, 2022, and Declaring the Results Thereof
That the Council adopts a resolution (Attachment II) acknowledging receipt of the Certificate of Election Results and Official Canvass of the General Municipal Election held November 8, 2022.
SUMMARY
On November 8, 2022, the City of Hayward conducted a General Municipal Election, which was consolidated with the General Election. This item recommends that the Council adopt a resolution acknowledging receipt of the Certificate of Election Results and Official Canvass of the General Municipal Election held November 8, 2022, for the Mayor and two Members of the City Council for terms of four years each.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A
CITY OF HAYWARD Printed on 12/8/2022Page 1 of 1
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DATE: December 13, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: General Municipal Election: Adopt a Resolution Acknowledging Receipt of Certificate of Election Results and Official Canvass of the General Municipal Election Held November 8, 2022, and Declaring the Results Thereof
RECOMMENDATION
That the Council adopts a resolution (Attachment II) acknowledging receipt of the Certificate of Election Results and Official Canvass of the General Municipal Election held November 8, 2022.
SUMMARY
On November 8, 2022, the City of Hayward conducted a General Municipal Election, which was consolidated with the General Election. This item recommends that the Council adopt a resolution acknowledging receipt of the Certificate of Election Results and Official Canvass of the General Municipal Election held November 8, 2022, for the Mayor and two Members of the City Council for terms of four years each.
BACKGROUND AND DISCUSSION
On November 8, 2022, the City of Hayward conducted a General Municipal Election, which was consolidated with the General Election. The election included selection of the Mayor and two Members of the City Council for terms of four years each.
In accordance with the provisions of California Elections Code Section 10260 and as directed by Resolution No. 22-165 and Resolution No. 22-166 of the City Council, the Alameda County Registrar of Voters, Tim Dupuis, has completed the official canvass of returns of the General Municipal Election, which was consolidated with the General Election. The Certificate of Election Results and a copy of the Official Canvass are included as Exhibit A of the Resolution (Attachment III).
STRATEGIC ROADMAP
This agenda item does not relate to any of the priorities in the Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
The agenda was posted in accordance with the Brown Act.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
______________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-______
Introduced by Council Member ________________
RESOLUTION ACKNOWLEDGING RECEIPT OF CERTIFICATE OF ELECTION
RESULTS AND STATEMENT OF RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 20 22, A ND D ECLARING THE RESULTS
THEREOF
WHEREAS, a General Municipal Election was held in the City of Hayward, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, the General Municipal Election was authorized to be made by t he Alameda Co unty Registrar of Voters in accor dance with Resolution No. 22-165 and Resolution No. 22-166; and
WHEREAS, the Alameda County Registrar of V oters canvassed the return s of the election and has certified the results to th e City Council, the results are receive d, attached and made a part hereof as Exhibit A; and
WHEREAS, the total number of votes by mail ballots cast in the City was 29,434 (36.99 percent turnout), the total number of election day ballots cast in the City was 2,608 (3.28 percent turnout), making a t otal of 32,042 (40.27 percent turnout) ballots cast of Hayward’s eligible voters; and
WHEREAS, the name of person voted for at the election for Mayor of the City Council is as follows:
Mark Salinas
WHEREAS, the names of persons voted for at the electio n for Member of the City Council are as follows:
Julie Roche Tom Ferreira
George Syrop Amal Issa
Dan Goldstein Sunita Rupan
Sherman Lewis Michael Lema
ATTACHMENT II
WHEREAS, that the number of votes giv en in the City to each of the persons named for the Office of City Council for which the persons were candidates are as listed in Exhibit A attached.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Council does de clare and determine that the following have been elec ted as members of the City Council for full terms of four years each; and shall be deemed adopted and ratified.
Mayor Seat (1) Total Vote
Mark Salinas 24,914
Council Member Seat (2) Total Vote
Julie Roche 11,863
George Syrop 8,183
FURTHERMORE, BE IT RESOLVED by the Ci ty Council that th e City Clerk shall administer to each person electe d the Oath of Office pres cribed in the Cons titution of the State of California and shall have them subscribe to it and file in the office of the City Clerk.
Each and all of the persons s o elected shall t hen be in ducted into the resp ective office to which they have been elected. That the City Clerk shall certify the passage and adoption of this resolution; and enter a copy of this resolution with appropriate other entries upon the minutes of this City Council as a statement of the results of the election.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ________________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
EXHIBIT A
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 22-027
DATE: December 13, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2023
RECOMMENDATION
That Council adopts a resolution (Attachment II) electing the Mayor Pro Tempore.
SUMMARY
It is the Hayward City Council’spolicy to elect the Mayor Pro Tempore to perform the duties of the Mayor during the Mayor’s absence or disability. The current term is based on the calendar year.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III List of Past Mayor Pro Tempore
CITY OF HAYWARD Printed on 12/8/2022Page 1 of 1
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DATE: December 13, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2023
RECOMMENDATION
That Council adopts a resolution (Attachment II) electing the Mayor Pro Tempore.
SUMMARY
It is the Hayward City Council’s policy to elect the Mayor Pro Tempore to perform the duties of the Mayor during the Mayor’s absence or disability. The current term is based on the calendar year.
BACKGROUND AND DISCUSSION
Below is the pertinent excerpt from the 2021 Council Member Handbook1 regarding the Mayor Pro Tempore. Attachment III is the list of members who have previously served as Mayor Pro Tempore. Based on the guidelines listed below, Council Member Andrews would be the next eligible Council Member to serve as Mayor Pro Tempore should the Council choose to continue the traditional selection process.
MAYOR PRO TEMPORE
In even number years, the Council shall elect the Mayor Pro Tempore following the installation of those newly elected Council Members. In odd years, the Council shall elect the Mayor Pro Tempore at the end of the calendar year.
The Mayor Pro Tempore shall serve at the pleasure of the Council for the term of one year and shall be elected and removed by the affirmative votes of at least five (5) members of Council.
1 Council Members Handbook https://www.hayward-ca.gov/sites/default/files/documents/Council-Member- Handbook-2021.pdf
The Council shall elect a Council Member with the most seniority as a Council Member and who has not previously served as Mayor Pro Tempore. In the event two Council Members begin service in the same year, the Council Member with the highest number of votes will serve as Mayor Pro Tempore. (See City Council Minutes, 4/28/92)
Prior to being elected as Mayor Pro Tempore, a Council Member shall have served at least two years on the Council. The term of the Mayor Pro Tempore shall be based on the calendar year January 1st to December 31st. (Resolution 98-120 and Council Minutes, 6/26/01)
The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’s absence or disability. (Sec. 605, City Charter)
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the priority projects outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
NEXT STEPS
All related documents will be updated accordingly.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-_____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE ELECTION OF MAYOR PRO TEMPORE OF THE CITY OF HAYWARD FOR 2023
WHEREAS, the City Council conducted an election to select the Mayor Pro Te mpore on December 7, 2021; and
WHEREAS, the City Council elected Council Member Lamnin to serve as Mayor Pro Tempore of the City of Hayward from January 1, 2022 through December 31, 2022; and
WHEREAS, the City Council conducted an e lection to select the Mayor Pro Tempore for 2023 on December 13, 2022.
NOW, BE IT RESOLVED by the City Council of the City of Hayward that it hereby elects Council Member __________________ as Mayor Pro Tempore of the Ci ty of Hayward for a term from January 1, 2023 through December 31, 2023.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
MAYOR PRO TEMPORE
COUNCIL MEMBER RESOLUTION DATE
William Ward 92-100 04/28/92
Nicholas Randall 93-084 04/20/93
Doris Rodriquez 94-069 04/19/94
Joseph Hilson 95-71 04/18/95
Ron Hulteen 96-067 04/02/96
Olden Henson 97-063 05/13/97
Matt Jimenez 98-122 06/30/98
William Ward 99-112 06/22/99
Joseph Hilson 00-043 Term 4/04/00 thru 6/30/01
Kevin Dowling 01-101, adopted 6/26/01 Term 7/1/01 thru 6/30/02 Doris Rodriquez 02-093, adopted 6/25/02 Term 7/1/02 thru 6/30/03 Olden Henson 03-117, adopted 7-15-03 Term 7/1/03 thru 6/30/04 Matt Jimenez 04-106, adopted 6-22-04 Term 7/1/04 thru 6/30/05 Matt Jimenez 05-089, adopted 6-28-05 Term 7/1/05 thru 6/30/06 Barbara Halliday 06-091, adopted 7-11-06 Term 7/1/06 thru 6/30/07 Bill Quirk 07-105, adopted 7/10/07 Term 7/1/07 thru 06/30/08 Kevin Dowling 08-109, adopted 7/8/08 Term 7/1/08 thru 06/30/09
ATTACHMENT III
MAYOR PRO TEMPORE
COUNCIL MEMBER RESOLUTION DATE
Olden Henson 09-104, adopted 6/30/09 Term 7/1/09 thru 6/30/10 Francisco Zermeño 10-119, adopted 7/13/10 Term 7/1/10 thru 6/30/11 Barbara Halliday 11-106, adopted 6/28/11 Term 7/1/11 thru 6/30/12 Marvin Peixoto 12-124, adopted 7/10/12 Term 7/1/12 thru 6/30/13 Mark Salinas 13-108, adopted 6/25/13 Term 7/1/13 thru 6/30/14 Greg Jones 14-113, adopted 7/8/14 Term 7/1/14 thru 6/30/15 Al Mendall 15-140, adopted 7/14/15 Term 7/1/16 thru 6/30/16 Sara Lamnin 16-135, adopted 7/12/16 Term 7/1/16 thru 6/30/17 Elisa Márquez 17-105, adopted 6/27/17 Term 7/1/17 thru 12/30/18 Francisco Zermeño 18-249, adopted 12/11/18 Term 1/1/19 thru 12/31/19 Mark Salinas 19-232, adopted 12/3/19 Term 1/1/20 thru 12/31/20 Aisha Wahab 20-225, adopted 12/15/20 Term 1/1/21 thru 12/31/21 Sara Lamnin 21-239, adopted 12/7/21 Term 1/1/22 thru 12/31/22
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 22-026
DATE: December 13, 2022
TO: Mayor and City Council
FROM: City Clerk, City Attorney, and City Manager
SUBJECT
Council Vacancy Process: Adopt a Resolution Approving a Process for Filling a Two-Year Term City Council Vacancy
That the Council adopts a resolution (Attachment II) affirming a process for filling the unexpired term of Council Member Mark Salinas; and calls for a Special Election if appointment process is unsuccessful.
SUMMARY
The recent November General Municipal Election encompassed two races for vacancies for three positions on the Hayward City Council: Mayor and two (2) Council Members. Council Member Salinas will take his seat as Mayor effective December 13, 2022, which will create a two-year vacancy on the Council. Section 501 of the City’sCharter requires that the Council either fill the vacancy or proceed with a special election within 30 days following the occurrence of the vacancy. This report outlines the suggested process for appointing a Council Member to fill the anticipated vacancy resulting from Council Member Salinas becoming Mayor. The new Council needs to make a decision this evening regarding conducting an appointment process or calling for a special election.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Sample Application Form
CITY OF HAYWARD Printed on 12/8/2022Page 1 of 1
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DATE: December 13, 2022
TO: Mayor and City Council
FROM: City Manager
City Clerk
City Attorney
SUBJECT: Council Vacancy Process: Adopt a Resolution Approving a Process for Filling a Two-Year Term City Council Vacancy
RECOMMENDATION
That the Council adopts a resolution (Attachment II) affirming a process for filling the unexpired term of Council Member Mark Salinas ; and calls for a Special Election if appointment process is unsuccessful.
SUMMARY
The recent November General Municipal Election encompassed two races for vacancies for three positions on the Hayward City Council: Mayor and two (2) Council Members. Council Member Salinas will take his seat as Mayor effective December 13, 2022, which will create a two-year vacancy on the Council. Section 501 of the City’s Charter requires that the Council either fill the vacancy or proceed with a special election within 30 days following the occurrence of the vacancy. This report outlines the suggested process for appointing a Council Member to fill the anticipated vacancy resulting from Council Member Salinas becoming Mayor. The new Council need s to make a decision this evening regarding conducting an appointment process or calling for a special election.
BACKGROUND
The recent November General Municipal Election encompassed two races for vacancies for three positions on the Hayward City Council: Mayor and two (2) Council Members. Council Member Mark Salinas ran unopposed for Mayor. Council Member Salinas will take his seat as Mayor effective December 13, 2022, which will create a two-year vacancy on the Council, as Mr. Salinas’ term as Council Member runs from November 2020 through the date the next Council is seated in early December 2024.
Section 501 of the Charter of the City of Hayward ("Vacancy in Elective Office") provides guidance when an elective office becomes vacant:
"A vacancy in an elective office shall be filled by appointment by the City Council, such appointee to hold office until the first Tuesday following the next General Municipal Election and until the officer's successor is elected and qualified. At the next General Municipal Election following any such appointment, the person so elected shall serve for the remainder of any unexpired term.
No appointment to fill a vacancy in an elective office shall be made during such time prior to a General Municipal Election that nomination papers may be filed for candidates seeking o ffice at said election. In the event that Council shall fail to fill a vacancy by appointment within thirty days after such office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy (AMENDED: STATS. 1964 CH. 41; Amended on November 3, 2020)"
Council last experienced the need to engage in a similar process in July 2014 upon the election of Council Member Barbara Halliday to the position of Mayor. Links to two reports from that process are below 1. Following the swearing in of the new Council on December 13, 2022, the new Council will need to act to either initiate an appointment process and/or consider a special election.
DISCUSSION
There are two possible sequential steps to filling the current vacancy on Council as directed by Section 501 of the Charter: first, for Council to go through an appointment process; and second, to call for a special election if the appointment process is unsuccessful or does not occur within 30 days following the vacancy. To protect the second possible step for Council, the appointment process must either be concluded or declared unsuccessful and a formal call by Council for a "Special Municipal Election" well ahead of February 3, 2023 , which would be the deadline to file a resolution for a May 2, 2023 Mail Ballot Election (Election Code 1500(a) – first Tuesday after the first Monday in May of each year).
The timeline is very tight given the upcoming December holidays and City business closure.
Appointment Process and Timeline: The 20 14 process included an application period for those interested in serving on Council; a process whereby Council determined who and how many applicants they wanted to consider; a public interview process; and a public action to appoint the selected candidate. The selected candidate was seated that same night. With this in mind, a calendar of the appointment process would follow the schedule outlined in Table 1, starting with tonight’s meeting installing the new Mayor and Council. The schedule is a mixture of regular and special meetings. A sample application form for those interested in being considered for appointment to Council is included as Attachment III for Council's
1 July 8, 2014 meeting: CITY OF HAYWARD - Meeting of City Council on 7/8/2014 (legistar.com) and July 22, 2014 meeting: CITY OF HAYWARD - Meeting of City Council on 7/22/2014 (legistar.com)
reference. Possible steps in the appointment process based on the 2014 process are defined in Table 1 along with suggested timelines.
Table 1: Council Member Appointment Timeline (if special election option is not selected)
DRAFT
Nov 8 Tue Municipal Election
Dec 13 Tue Special Council Meeting: Certification of Election; seating of new Mayor and two Council Members; election of Mayor Pro Tem; approval of Council Member appointment process.
Dec 14 Wed City Clerk issues a Notice of Vacancy and PIO prepares a press release. Council Member Application available online and PDF format.
Dec 16 Fri Notice of Vacancy is published in the newspaper.
Dec 23 – Jan 2 Business/Holiday Closure
Jan 3 Tue Council Member applications due to the City Clerk by 9am.
Jan 3 Tue Special Council Meeting: Council accepts Council Member applications and confirms interview process.
Jan 5 Thurs Members of the City Council individually select up to five applicants and notify the City Clerk of their selections by noon.
Jan 5 Thurs Individuals who receive three or more points are invited to interview with the City Council. City Clerk notifies selected applicants and creates interview schedule for January 9, 2023.
Jan 9 Mon Special Council Meeting: Council holds public interviews and appoints new Council Member to a two-year term;
newly appointed Council Member takes the oath of office; OR Council directs City Clerk to prepare documents to call a Special Municipal Election (Mail Ballot Election) and issue nomination papers. Nomination papers would be available from January 9, 2023 to February 3, 2023.
Special Election: Should Council be unable to achieve a majority vote 2 to appoint someone, the Charter requires that the matter go to election. In order for Council to accomplish that in a timely and fiscally responsible manner, Council would have to call for a Special Municipal Election and order a Mail Ballot Election. The City would need to call for the Special Municipal Election well before February 3, 2023 in order to meet the deadline for a May 2, 2023 Mail Ballot Election. The nomination filing would start January 9, 2023 and end February 3, 2023. These deadlines and the requirement that Council make a solid attempt to appoint a new member per the Charter before going to election puts pressure on the appointment timeline as captured in Table 1 above.
The City Clerk would not formally file the resolution calling for a Special Election with the Alameda County Registrar of Voters and Alameda County Board of Supervisors unless and until the appointment process fails within the 30-day period called for in the Charter or the Council chooses to proceed with the Special Election option.
Should Council not be successful in the appointment process and miss the deadline to call for a Special Election (Mail Ballot Election) , the option would remain to call for a Standalone Special Election, which would be at a time specified by Council after the May 2, 2023 Mail Ballot Election. This would be very expensive ($19 - $21 per registered voter) and should be considered only as a last and remote possibility.
FISCAL AND ECONOMIC IMPACT
There is no economic impact of the appointment process. There is a potentially significant fiscal impact to the General Fund if Council defaults to the Special Municipal Election.
Generally, a Standalone Vote by Mail E lection would cost between $9 - $11 per registered voter and estimating 80,000 registered voters the cost would be $720,000-$880,000.
STRATEGIC ROADMAP
This agenda item does not relate to any of the priorities in the Strategic Roadmap.
NEXT STEPS
If Council adopts the attached resolution, staff will implement and publicize the appointment process and timeline and/or take the steps necessary to proceed with the Special Municipal Election option.
Recommended by: Miriam Lens, City Clerk
Michael Lawson, City Attorney
Kelly McAdoo, City Manager
2 A "majority vote" is four votes regardless of how many Council Members are in attendance at the meeting.
Approved by:
________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-______
Introduced by Council Member ________________
RESOLUTION AFFIRMING THE APPOINTMENT PROCESS AND TIMELINE FOR
FILLING THE UNEXPIRED TWO-YEAR TERM O F COUNCIL MEMBER MARK SALINAS; AND IF NEEDED, CALLING FOR A MAIL BALLOT SPECIAL MUNICIPAL ELECTION ON MAY 2, 2023, TO FILL THE VACANCY AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
WHEREAS, on November 8, 2022, a General Municipal Election was held in the City of Hayward; and
WHEREAS, as a result of that election, Council Member Mark Salinas was elected Mayor; and
WHEREAS, Mayor-elect Salinas took his seat as Mayor on December 13, 2022 and in doing so formally vacated his seat as Council Member midterm; and
WHEREAS, Section 501 of the Charter of the City of Hayward provides guidance when an elective office becomes vacant; and
WHEREAS, the State Elections Code requires publication of the intent to have a Special Municipal Election.
NOW, THEREFORE, BE IT RESOLVED that , in accord with Sec tion 501 of the City Charter, the City Council does hereby provide an appointment process to fill the two -year term vacancy created by the election of Council Member Salinas to Mayor , effective December 13, 2022 ; and that the appointment process is as outlined in the staff report of December 13, 2022 entitled Approval of Process for Filling a Two-Year City Council Vacancy as such process may be amended through Council action taken on December 13, 2022; and
BE IT FURTHER RESOLVED that the Council does hereby approve the City Clerk taking the necessary steps to protect the option of holding a Special Mail Ballot Municipal Election; however, should the City Council successfull y fill the vacancy by appointment pursuant to Section 501 of the City Charter, the City Clerk is directed to cease to take the actions noted below or to formally transmit a copy of this Resolution to the County Clerk of the County of Alameda and to so notify that:
SECTION 1. That pursuant to the requirements of the laws of the State of California, there is called and ordered to be held in the City of Hayward, California, on Tuesday, May 2, 2023, a Special Mail Ballot Municipal Election for the purpose of electing one (1) Member of the City Council for a term of two years.
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SECTION 2. That the City Clerk is hereby authorized, instructed , and directed to coordinate with the Alameda County Registrar of Voters to procure and furnish any and all official ballots, sample ballot, voter information pamphlet, and all other supplies and equipment that may be necessary to conduct the election properly and lawfully.
SECTION 3. That the Alameda County Board of Supervisors is further requested to order the Alameda Registrar of Voters to render services at the request of the City Clerk. These services include all necessary services related to:
a. Verify signatures on nomination papers; and
b. Prepare and supply indices to precinct information; and c. Provide voter registration information; and
d. Assist in election services as ordered by State of California; and e. Provide services to complete the canvass of returns.
SECTION 4. That in the particulars not recited in this resolution, the election shall be held and conducted as provided by State law for holding municipal elections.
SECTION 5. The City Clerk is hereby directed to cause the posting, publication, and printing of all notices or ot her election materials pursuant to the requirements of Elections and Government Codes of the State of California.
SECTION 6. That in the event of a tie vote (if any two or more persons receive an equal number of votes for an office) as certified by the Alameda County Registrar, the City Council, in accordance with Election Code Section 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday no less than 40 nor more than 125 day s after the administrative or judicial certification of the election which resulted in a tie vote.
SECTION 7. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 8. That the Alameda County Board of Supervisors is hereby authorized to canvass, or cause to be canvassed, as provided by law, the returns of the Special Municipal Election with respect to the votes cast for one Council Member and to certify such canvass of the votes cast.
SECTION 9. That the City Clerk is hereby authorized and directed to certify to the duly adoption of this resolution and to transmit a copy thereof so certified to the Alameda County Clerk and the Alameda County Registrar by February 3, 2023. That the official nomination period would start on January 9, 2023 and end on February 3, 2023.
SECTION 10. That the City Council shall meet at a r egular meeting to review the canvass of the returns of the Special Mail Ballot Municipal Election and declare the results thereof.
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IN COUNCIL, HAYWARD, CALIFORNIA _________________2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
1. 2.
Hayward City Council Vacancy
Application to fill a two-year term vacancy on the Hayward City Council. This application will be forwarded to the City Council for consideration to fill the vacancy for the term ending December 2024.
Submit a physical copy by 9 a.m. on Tuesday, Jan. 3, 2023 to:
Miriam Lens, City Clerk
City of Hayward
777 B St. 4th Floor
Hayward, CA 94541
(510)583-4401
No application (print or digital) will be accepted after the deadline. * Required
First Name *
Last Name *
3. Mark only one oval.
Other:
Female
Male
Nonbinary or third gender
Prefer to self-describe
Prefer not to say
4. 5.
6. Mark only one oval.
Yes
No
Gender*
Mark only one
Home Address (Street Address, City, State, Zip Code)*
ex: 777 B St. Hayward, CA, 94541
Phone Number*
ex: 510-583-4400
Are you a resident of incorporated Hayward?*
7. Mark only one oval.
Yes
No
8. City Council History
9. Mark only one oval.
Yes
No
10. Example: January 7, 2019
Current Employment Information
11. Are you a registered voter?*
Please list any languages you speak, read, and/or write besides English and your proficiency in each language.
Have you ever served on the Hayward City Council?*
If yes, when?
Current Employer*
12. 13.
14. 15.
Questionnaire
16. Current Employer Address*
Position*
Dates of Employment*
Responsibilities*
Describe your education, training, and/or any special certifications relevant to serving on the City Council:
*
One (1) separate sheet may be attached
17. 18.
19. Explain why you want to be appointed to the City Council and what your goals for the two years will be if you are selected:
*
One (1) separate sheet may be attached
List any previous City of Hayward Commission, Committee, or Task Force on which you have served; and any other relevant Hayward community service in which you have been involved or are currently involved:
*
One (1) separate sheet may be attached
Briefly, please provide information on any additional relevant experience you believe supports your qualifications for this appointment:
*
One (1) separate sheet may be attached
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I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed. I am also aware that this application is a public document. If appointed, I will file the necessary disclosure documents required under the Political Reform Act.
*
Signature:
I certify under penalty of perjury that the foregoing is true and correct * Signature:
Forms
Signature