Tuesday, January 3, 2023
5:30 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Virtual: Zoom Platform
City Council
Agenda
January 3, 2023City Council Agenda
SPECIAL CITY COUNCIL MEETING
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January 3, 2023City Council Agenda
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Andrews
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.
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
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 23-0031.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
LEGISLATIVE BUSINESS
City Council Vacancy: Update on Appointment Process to Fill Two-Year City Council Vacancy (Report from City Clerk Lens) LB 23-0012.
Attachments: Attachment I Staff Report
Attachment II News Release
Attachment III Proof of Publication
Attachment IV Application
January 3, 2023City 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
NEXT SPECIAL MEETING, January 9, 2023
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.
January 3, 2023City 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 #: CONS 23-003
DATE: January 3, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
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
RECOMMENDATION
That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.
SUMMARY
On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, including providing public access and participation via call-in or internet-based platforms. While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative body must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A
CITY OF HAYWARD Printed on 12/22/2022Page 1 of 2
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File #:CONS 23-003
CITY OF HAYWARD Printed on 12/22/2022Page 2 of 2
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DATE: January 3, 2023
TO: Mayor and City Council
FROM: City Manager
City Clerk
SUBJECT: 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
RECOMMENDATION
That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.
SUMMARY
On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, including providing public access and participation via call-in or internet-based platforms.
While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative body must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.
BACKGROUND
In general, the Brown Act allows legislative bodies to use teleconferencing during a public meeting as long as certain requirements are met, such as:
Identification of any remote location from which a member of the legislative body is participating via teleconference;
Posting of agendas at all remote locations from which members of the legislative body are participating;
Public accessibility to the remote location and the technological means for allowing the public to participate in the meeting from the location; and A quorum of the members must be participating from a location within the jurisdiction of the legislative body.
In response to the COVID 19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N-29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements.
With the expiration of Executive Order N-29-20, AB 361 amends the Brown Act to allow virtual public meetings during a state of emergency proclaimed by the Governor. A local agency may hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requirements related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real-time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body.
AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency. However, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist:
The state of emergency continues to directly impact the ability of the members to meet safely in person; or
State or local officials continue to impose or recommend measures to promote social distancing.
DISCUSSION
On February 25, 2022, the Governor issued Executive Order N-04-22 repealing many of his prior Executive Orders imposing various mandates intended to address the impact of COVID 19. However, the Governor did not lift the State of Emergency related to COVID 19 that he initially proclaimed on March 4, 2020. As of the date of this report, the State of Emergency proclaimed by the Governor remains in effect.
Current guidance and orders of the Alameda County Health Official satisfy both conditions necessary for the AB 361 findings described above:
Order No. 20-06t, originally issued April 3, 2020 and most recently amended on August 24, 2022, imposes a mandate that all individuals diagnosed with COVID 19 must isolate themselves and follow requirements further specified in the Order.
The Order further aligns with current California Department of Public Health Guidance on Isolation and Quarantine of the General Public, specifically that individuals who are exposed/close contacts of infected individuals need not isolate if they are asymptomatic and are recommended to test and wear masks as specified in the Order and Department of Public Health guidance.
On June 24, 2022, the Alameda County Health Officer issued Order No. 22-03 rescinding the general mask mandate imposed by Order No. 22-02. Current Alameda County Health Officer guidelines require all individuals in Alameda County, regardless of vaccination status or prior history of COVID illness, to wear face coverings in the following situations:
o Indoors when required by business, government offices, youth-serving facilities, and workplace settings.
o When required by trains, buses, ferries, taxis, and rideshare operators. o Indoors in transportation hubs like bus terminals, train stations, marines, seaports or other ports, subway stations, or any other area that provides transportation, when required by transit systems.
o Healthcare settings.
o Long-term care settings and adult and senior care facilities. o Persons exposed to someone with COVID-19 should wear a mask for 10 days.
o Persons with COVID-19 should wear a mask for 10 days when with others, even if able to leave isolation before then.
o Correctional facilities and detention centers located within Alameda County. o Clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, or any locations within those facilities where healthcare is being delivered.
With the exception of the situations described above, effective September 23, 2022, the California Department of Public Health and Alameda County Public Health Department guidance on use of face masks for the general population shifts from strong recommendation in all indoor settings at all times to use of Centers for Disease Control Community Levels to help inform masking recommendations.
Current CDC COVID 19 Community Level for Alameda County is Medium.
Consequently, the general public may mask based on personal preference, informed by their own personal level of risk. Vulnerable people are encouraged to wear a mask in crowded indoor public places. Vulnerable people include the unvaccinated, people who are immunocompromised, people with certain disabilities or underlying health conditions, or those at risk of severe illness or death if infected with COVID-19. When COVID levels are Medium or High, non-healthcare high-risk
indoor settings such as homeless shelters, emergency shelters, and heating/cooling centers must reinstate universal masking requirements for all staff and residents, regardless of if there are no outbreaks within the facility.
Workplaces must comply with Cal/OSHA safety standards.
The following current guidance from the California Department of Public Health satisfies the AB 361 findings:
Face masks are required in healthcare settings, long term care settings, adult and senior care facilities, and all clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, and state and local correctional facilities or detention centers, or any locations within those facilities where healthcare is being delivered.
Businesses and venue operators, including K-12 school and childcare settings must allow any individual to wear a mask if they desire to.
Workplaces must comply with Cal/OSHA safety standards. Local jurisdictions may implement additional requirements that go beyond statewide guidance.
Persons with COVID-19 symptoms or who test positive for COVID-19 are required to isolate.
Persons working or housed in specified high-risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19. Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID-19.
Testing and masking are recommended, and vaccination/boosting is strongly encouraged.
Alameda County Health Order No. 21- 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meetings because they do not necessarily involve a stable group of vaccinated individuals.
Currently, the Council is holding hybrid Council meetings that allow for virtual participation via the Zoom platform as well as in-person participation. This format also allows for real-time public comments, in compliance with AB 361. All City commissions, task forces, and Council committees continue meeting entirely virtually over the Zoom platform.
Based on the above, staff recommends that the Council adopts the attached resolution making the necessary findings to allow the Council and the appointed boards and commissions identified in Exhibit A to the resolution to continue holding teleconferenced meetings pursuant to AB 361.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.
NEXT STEPS
Adoption of the resolution will allow the Council and specified appointed committees and commissions to hold a subsequent teleconferenced meeting pursuant to the provisions of AB 361. Additional resolutions must be adopted every thirty days during the existence of the state of emergency in order to continue holding teleconferenced meetings.
Prepared and Recommended by: Miriam Lens, City Clerk
Michael Vigilia, Sr. Assistant City Attorney
Approved by:
___________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member _____________
RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO AB 361 TO
CONTINUE TO HOLD TELECONFERENCED PUBLIC MEETINGS DURING THE COVID 19 STATE OF EMERGENCY
WHEREAS, the Brown Act (Government Code section 54950 et seq. ) allows for public meetings of a legislative body to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction; and
WHEREAS, in response to the COVID -19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N -29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements; and WHEREAS, the Governor signed AB 361 prior to the expiration of Order N-29-20; and WHEREAS, AB 361 amends the Brown Act to the legislative body of a local agency to hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requirements related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real -time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body; and
WHEREAS, AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency, however, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings specified in the statute justifying the continued use of teleconferenced public meetings; and WHEREAS, it shall be the policy of the City that the appointed boards and commissions of the City will hold teleconferenced public meetings in compliance with the provisions of AB 361 during the COVID-19 state of emergency; and
ATTACHMENT II
WHEREAS, the COVID -19 state of emergency declared by the Governor remai ns active; and
WHEREAS, public meetings involve many people in shared indoors spaces for hours, when the number of people present does not always allow for a minimum six-foot distance between persons, and close contacts raise the risk of the spread of COVID-19; and
WHEREAS, the Alameda County Health Officer has issued Order No. 20-06t (originally issued April 3, 2020 and most recently amended on August 24, 2022) imposing a mandate that all individuals diagnosed with COVID-19 must isolate themselves and follow requirements further specified in the Order; and
WHEREAS, Order No. 20-06t also aligns with California Department of Public Health Guidance on Isolation and Quarantine of the General Public , specifically that individuals having close contacts/exposure to infected persons are not required to quarantine as long as they remain asymptomatic but are recommended to test and wear a mask as specified by the Order and California Department of Public Health guidance; and
WHEREAS, the Alameda County Health Officer has issued Order No. 22-03 (effective on June 25, 2022), rescinding the general mask mandate imposed by Order No. 22-02; and
WHEREAS, the Alameda County Public Health Department currently requires face coverings in the following situations:
Indoors when required by businesses, government offices, youth -serving facilities, and workplace settings.
When required by trains, buses, ferries, taxis and rideshare operators. Indoors in transportation hubs like bus terminals, train stations, marines, seaports or other ports, subway stations, or any other area that provides transportation , when required by transit systems.
Healthcare settings.
Long-term care settings and adult and senior care facilities. Correctional facilities and detention centers.
Clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, or any locations within those facilities where healthcare is being delivered.
Persons exposed to someone with COVID-19 should wear a mask for 10 days. Persons with COVID -19 should wear a mask for 10 days when with others, even if able to leave isolation before then.
WHEREAS, with the exception of the situations described above, effective September 23, 2022, the California Department of Public Health and Alameda County Public Health Department guidance on use of face masks for the general population shifts from strong recommendation in all indoor settings at all times to use of Centers for Disease Control Community Levels to help inform masking recommendations; and
ATTACHMENT II
WHEREAS, current CDC COVID 19 Community Level for Alameda County is Medium.
Consequently, the general public may mask based on personal preference, informed by their own personal level of risk. Vulnerable peopl e are encouraged to wear a mask in crowded indoor public places. Vulnerable people include the unvaccinated, people who are immunocompromised, people with certain disabilities or underlying health conditions, or those at risk of severe illness or death if infected with COVID -19. When COVID levels are Medium or High, non -healthcare high risk indoor settings such as homeless shelters, emergency shelters, and heating/cooling centers must reinstate universal masking requirements for all staff and residents, r egardless of if there are no outbreaks within the facility.; and
WHEREAS, workplaces must comply with Cal/OSHA safety standards; and
WHEREAS, the California Department of Public Health has issued the following current guidance:
Face masks are required in healthcare settings, long term care settings, adult and senior care facilities, and all clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, and state and local correctional faci lities or detention centers, or any locations within those facilities where healthcare is being delivered.
• Businesses and venue operators, including K -12 school and childcare settings must allow any individual to wear a mask if they desire to.
Persons with COVID-19 symptoms or who test positive for COVID-19 are required to isolate.
• Persons working or housed in specified high-risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19. • Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID -19.
Testing and masking are recommended, and vaccination/bo osting is strongly encouraged; and
WHEREAS, Alameda County Health Order No. 21 - 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meetings because they do not nece ssarily involve a stable group of vaccinated individuals.
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward makes the following findings pursuant to AB 361 to continue holding teleconferenced public meetings during the COVID-19 state of emergency:
The City Council has reconsidered the circumstances of the state of emergency. The COVID 19 state of emergency declared by the Governor remains active and continues to directly impact the ability of Councilmembers to meet safely in-person. State and local officials continue to recommend or impose measures to promote social distancing.
The Alameda County Health Officer has issued orders imposing measures to promote social distancing via isolation and quarantine of individuals infected or likely infected with COVID-19 and individuals with close contact to persons infected with COVID-19. The Alameda County Health Officer requires face coverings to be worn in the following settings:
o Indoors when required by businesses, government offices, youth -serving facilities, and workplace settings.
o When required by trains, buses, ferries, taxis and rideshare operators. o Indoors in transportation hubs like bus terminals, train stations, marines, seaports or other ports, subway stations, or any other area that provides transportation, when required by transit systems.
o Healthcare settings.
o Long-term care settings and adult and senior care facilities. o Local correctional facilities and detention centers.
o Clinical areas, including isolation and quarantine areas, of homeless s helters, emergency shelters, and cooling /heating centers, or any locations within those facilities where healthcare is being delivered.
o Persons exposed to someone with COVID-19 should wear a mask for 10 days. o Persons with COVID -19 should wear a mask for 10 days when with others, even if able to leave isolation before then.
The California Department of Public Health has issued the following guidance:
o Face masks are required in healthcare settings, long term care settings, adult and senior care facilities, and all clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, and state and local correctional facilities or detention centers, or any locations within those facilities where healthcare is being delivered.
o Businesses and venue operators, including K-12 school and childcare settings must allow any individual to wear a mask if they desire to. o Persons with COVID-19 symptoms or who test positive for COVID-19 are required to isolate.
o Persons working or housed in specified high-risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19.
ATTACHMENT II
o Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID-19. Testing and masking are recommended, and vaccination/boosting is strongly encouraged.
Workplaces must comply with Cal/OSHA safety standards.
BE IT FURTHER RESOLVED that in the interest of public health and safety, based on the findings contained herein, the City Council of the City of Hayward and the appointed boards and commissions identified in Exhibit A of this Resolution shall continue to hold teleconferenced public meetings pursuant to AB 361.
IN COUNCIL, HAYWARD, CALIFORNIA ___________________, 2023
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
EXHIBIT A
Community Services Commission
Keep Hayward Clean and Green Task Force
Library Commission
Personnel Commission
Planning Commission
Council Airport Committee
Council Budget and Finance Committee
Council Economic Development Committee
Council Infrastructure Committee
Council Homelessness-Housing Task Force
Council Sustainability Committee
Hayward Youth Commission
Hayward Police Department Community Advisory Panel
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-001
DATE: January 3, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
City Council Vacancy: Update on Appointment Process to Fill Two-Year City Council Vacancy
RECOMMENDATION
That the City Council receives and reviews applications received from qualified individuals interested in appointment to the two-year vacant City Council seat; and reviews and approves the interview process for January 9, 2023.
..End
SUMMARY
At the December 13, 2022 City Council meeting, the Council approved a process for filling a two-year City Council vacancy created when then Council Member Mark Salinas was elected Mayor and sworn into office on December 13, 2022.
Applications for the City Council vacancy were made available beginning December 14, 2022 at City Hall and on the City’s website at https://www.hayward-ca.gov/your-government/city-council. A news release (Attachment II) announced the vacancy and information on the application was issued on December 15, 2022, and a Public Notice (Attachment III) was published in the Daily Review c/o Bay Area News Group-East Bay on Friday, December 16, 2022.
The application period is scheduled to close at 9:00 a.m. on January 3, 2023, and a list of qualified candidates will be published on the City’s website under the “Documents Received After Published Agenda” column of the Meeting and Agenda Center. Qualified applications will be sent to the City Council via email by noon on January 3, 2023, and the information will be available to the public upon request.
ATTACHMENTS
Attachment I Staff Report
Attachment II News Release
Attachment III Public Notice
CITY OF HAYWARD Printed on 12/22/2022Page 1 of 2
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File #:LB 23-001
Attachment IV Application
CITY OF HAYWARD Printed on 12/22/2022Page 2 of 2
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DATE: January 3, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: City Council Vacancy: Update on Appointment Process to Fill Two -Year City Council Vacancy
RECOMMENDATION
That the City Council receive s and reviews applications received from qualified individuals interested in appointment to the two-year vacant City Council seat; and reviews and approves the interview process for January 9, 2023.
SUMMARY
At the December 13, 2022 City Council meeting1, the Council approved a process for filling a two-year City Council vacancy created when then Council Member Mark Salinas was elected Mayor and sworn into office on December 13, 2022.
Applications for the City Council vacancy were made available beginning December 14, 2022, at City Hall and on the City’s website at https://www.hayward-ca.gov/your-government/city- council. A news release (Attachment II) announced the vacancy and information on the application was issued on December 1 5, 2022, and a P ublic Notice (Attachment III) was published in the Daily Review c/o Bay Area News Group -East Bay on Friday, December 16, 2022.
The application period is scheduled to close at 9:00 a.m. on J anuary 3, 202 3, and a list of qualified candidates will be published on the City’s website under the “Documents Received After Published Agenda” column of the Meeting and Agenda Center2. Qualified applications will be sent to the City Council via email by noon on January 3, 2023, and the information will be available to the public upon request.
1 December 13, 2022 City Council Meeting – Council Vacancy Process https://hayward.legistar.com/MeetingDetail.aspx?ID=1056027&GUID=1DF843FF-0BFA-4499-8C61- 07F20A0BC219&Options=info|&Search=
2 Meeting and Agenda Center
https://hayward.legistar.com/Calendar.aspx
DISCUSSION
City staff recommends that, following review of the applications, each member of the City Council select up to five applicants and individually notify their selection to the City Clerk by noon on Thursday, January 5, 2023. The City Clerk w ould tally choices and would invite applicants who received three or more points to interview with the City Council on Monday, January 9, 2023. If there are less than five applications, the Council could decide this evening whether to interview all candidates or fewer depending on the preliminary review of applications.
The following interview process is being recommended for Council’s use on January 9, 2023, in considering the applicants for appointment to the vacant two-year term.
1) Interviews will be conducted in the Council Chambers at a special City Council meeting on Monday, January 9, 2023, starting at 5:30 p.m.
2) The order of interviews w ill be determined by a random draw of all the selected applicants’ names. The random draw will take place at the beginning of the meeting. 3) Applicants will have a total of thirty (30) minutes for each interview. The timer will be managed by the City Clerk.
a. Each applicant will have three (3) minutes to present their qualifications and discuss their candidacy with the City Council.
b. Twenty-five (25) minutes will be allocated for Council to ask questions after the applicant’s opening remarks and for candidates to respond. c. Each applicant will have two (2) minutes to make closing remarks. 4) Applicants will be present in the Council Chambers during Public Comment an d as Council pub licly explains the interview pro cess and format. Applicants will be escorted to Conference Room 2B until they make their presentation before Council for the individual interview. Applicants will not be allowed to use any cell phones or other smart technology while waiting their turn to interview. A staff member of the Cit y Clerk’s office will be in the room with the applicants, and another will escort applicants into the Cou ncil Chambers at their schedule d times. Applicants will be allowed to remain in the Council Chambers after they complete their interview. 5) The entire process in the Council Chambers will be live streamed via KHRT, Zoom, and the City’s website as done with regular Council meetings. 6) Members of the City Council will have copies of the applicant’s completed applications at the dais for their reference.
7) There will be no set pre-established questions. The Mayor will allow each member of the City Council to ask one qu estion of each applicant. Follow-up questions by members of the City Council will be allowed according to the timing format and at the discretion of the Mayor.
8) The Mayor will manage the starting order of questions with each candidate, rotating among Council members and ensuring the same questions are asked of each applicant. 9) Upon completion of the interviews, the Mayor will call for nominations. A nomination does not require a second. After all nominations have been made, the Mayor will call for a motion and a second to close nominations.
10) After nominations have been closed, the Mayor will call for a vote on each nominee (in the order in which they are made). Th e first nominee to receive four or more votes will be the new member.
The recommended process would be used for Council to interview applicants and then make a selection for the two-year unexpired Council Member seat. If the appointment process is unsuccessful, the Council would direct the City Clerk to proceed with the special election.
FISCAL IMPACT
There is no fiscal impact associated with the appointment process.
STRATEGIC ROADMAP
The agenda item is a routine operational item and does not re late to one of the Counc il’s Strategic Initiatives.
PUBLIC CONTACT
The Notice of Vacancy on the City Counc il was published in the Daily Review c/o Bay Area News Group-East Bay on Friday, December 16, 2022, posted on the City’s website, published, and disseminated via social media and posted at public places.
Prepared and Recommended by: Miriam Lens, City Clerk
Kelly McAdoo, City Manager
Michael Lawson, City Attorney
Approved by:
_________________________________
Kelly McAdoo, City Manager
1 FOR IMMEDIATE RELEASE Media Contact:
Chuck Finnie
(510) 583-4434
[email protected]
Hayward accepting applications for appointment
to City Council and Planning Commission
H
AYWARD, Calif., Dec. 15, 2022—The City of Hayward is accepting applications from City residents for appointment to vacant seats on the Hayward City Council and Planning Commission.
U
nder the City Charter, service on the City Council is limited to Hayward residents who are registered to vote while service on the Planning Commission is open to all Hayward residents regardless of whether they are registered to vote or eligible to be registered to vote.
A
ppointment to the City Council would be to complete the remaining two years of the term of the Council seat vacated by Mayor Mark Salinas with his swearing-in as Mayor on Tuesday.
Appointment to a Council seat is by majority vote of the Council. The deadline to apply for appointment to the Council seat vacated by Mayor Salinas is 9 a.m. Jan. 3, 2023.
U
nder a process approved by the City Council on Tuesday, Councilmembers will formally receive the applications for appointment to the vacated Council seat during a special Council meeting on Jan. 3 and select, by noon on Jan. 5, up to five applicants to be invited to be interviewed and considered for appointment during a special Council meeting on Jan. 9. If no appointment is made, the Council will direct the City Clerk to call a special municipal election to fill the vacant Council seat.
A
ppointment to the Planning Commission would be to complete the term of the Commission seat vacated by new Councilmember Julie Roche and an alternate vacancy resulting from the departure of former Commissioner Zachariah Oquenda, who resigned on Nov. 14.
Appointment to the Planning Commission is by majority vote of the City Council. The term of the Commission seat vacated by Councilmember Roche ends Sept. 30, 2023. The deadline to
ATTACHMENT II
2 apply for appointment to the vacated Commission seat or alternate vacancy is 5 p.m. Jan. 12, 2023.
T
o fill the vacant Planning Commission seats, applications received by the 5 p.m. Jan. 12 deadline will be reviewed by members of the City Council. Applicants selected through the Council screening process will be invited for an interview before the City Council at a special meeting on Jan. 17.
O
nline applications for appointment to the City Council are available here. Online applications for appointment to the Planning Commission are available here. For paper copies of both applications, visit the Office of the City Clerk at Hayward City Hall, 777 B Street, 4th Floor, Hayward, or call (510) 583-4400. Please note City Hall will be closed to the public during a holiday business closure from Dec. 23 to Jan. 2.
ATTACHMENT III
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 *
ATTACHMENT IV
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
This content is neither created nor endorsed by Google.
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