Monday, January 9, 2023
5:30 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
January 9, 2023City 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. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.
2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.
How to provide live Public Comment during the City Council Meeting:
Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/85689313527?pwd=NEc5NUFKNFJXT1UyZlpta2Nvb1huQT09 Meeting ID: 856 8931 3527
Password: CC1/9@53pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 856 8931 3527
Password: 7434619481
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Márquez
ROLL CALL
PUBLIC COMMENTS
January 9, 2023City Council Agenda
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.
City Council Vacancy: Selection and Appointment Process for Two-Year Council Seat (Report from CIty Clerk Lens)
APPT 23-0011.
Attachments: Attachment I Staff Report
Attachment II News Release
Attachment III Proof of Publication
Attachment IV Final List of Applicants
Attachment V Nomination Form
Attachment VI Nomination Matrix
LEGISLATIVE BUSINESS
Resolution Appointing a Council Member for the City of
Hayward (Report from City Clerk Lens)
LB 23-0052.
Attachments: Attachment I Draft Resolution
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
January 9, 2023City Council Agenda
NEXT MEETING, January 17, 2023, 7:00 PM
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.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: APPT 23-001
DATE: January 9, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
City Council Vacancy: Selection and Appointment Process for Two-Year Council Seat
RECOMMENDATION
That the City Council proceeds to interview candidates for the two-year Council seat based on the approved process and timeline; and if the approved process is not successful, Council directs the City Clerk to proceed with the steps necessary to hold a Special Mail Ballot Municipal Election on May 2, 2023.
SUMMARY
At the December 13, 2022 City Council meeting, the Council approved a process for filling a two-year City Council vacancy created when Council Member Mark Salinas was elected Mayor and sworn into office on December 13, 2022. Following the Council meeting and as directed, City staff issued a news release about the Council vacancy (Attachment II). A Notice of Vacancy (Attachment III) was published in the Daily Review c/o Bay Area News Group-East Bay on December 16, 2022.
At the January 3, 2023 City Council meeting, the Council accepted applications from forty-five qualified candidates and approved the interview process to select a member of the City Council. The final list of candidates is included as Attachment IV.
On January 5, 2023, members of the City Council individually nominated up to five applicants and submitted their selections to the City Clerk. The City Clerk tallied choices and invited applicants who received five or more points to interview with the City Council on Monday, January 9, 2023. The nomination matrix is provided as Attachment VI.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 1/6/2023Page 1 of 2
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File #:APPT 23-001
Attachment II News Release
Attachment III Proof of Publication
Attachment IV Final List of Applicants
Attachment V Nomination Form
Attachment VI Nomination Matrix
CITY OF HAYWARD Printed on 1/6/2023Page 2 of 2
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DATE: January 9, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: City Council Vacancy: Selection and Appointment Process for Two-Year Council Seat
RECOMMENDATION
That the City Council proceeds to interview candidates for the two-year Council seat based on the approved process and timeline; and if the approved process is not successful, Council directs the City Clerk to proce ed with the steps necessary to ho ld a Special Mail Ballot Municipal Election on May 2, 2023.
SUMMARY
At the December 13, 2022 City Council meeting
1, the Council approved a process for filling a
two-year City Council vacancy created when Council Member Mark Salinas was elected Mayor and sworn into office on December 13, 2022. Following the Council meeting and as directed, City staff issue d a news release about t he Council vacancy (Attachment II). A No tice of Vacancy (Attachment III) was published in the Daily Review c/o Bay Area News Group-East Bay on December 16, 2022.
At the January 3, 2023 City Council meeting
2, the Council accepted applications from forty-five
qualified candidates and approved the interview process to select a member of the City Council. The final list of candidates is included as Attachment IV.
On January 5, 2023, members of the City Council individually nominated up to five applicants and submitted their selections to the City Clerk. T he City Clerk tall ied choices and invited applicants who received five or more points to interview with the City Council on Monday, January 9, 2023. The nomination matrix is provided as Attachment VI.
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 January 3, 2023 City Council Meeting – Council Vacancy Update CITY OF HAYWARD - Meeting of City Council on 1/3/2023 at 5:30 PM (legistar.com)
DISCUSSION
The City Council will foll ow the interview process approved on January 3, 2023, which is provided below for convenience.
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 random draw of all the selected applicant’s 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 and for candidates to respond after the applicant’s opening remarks. 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 p rocess 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 cellphones or other smart technology while waiting their turn t o interview. A staff member of the City Clerk’s office will be in the room with the applicants, and another will escort applicants into the Cou ncil Chambers at their scheduled times. Applicants wil l be allowed to remain in the Council Chambers after they complete their interview. 5) The entire process in the Council Chambers will be livestreamed via KHRT, Zoom and the City’s website as done with regular Council meetings. 6) Members of the City Council will have copies of a pplicant’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 Cit y 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 members and ensuring the same questions are asked of each applicant. 9) Upon completion of the interviews the Mayor will call for nominations. A fter all nominations have been made, the Mayor will call for a motion and a second. 10) After nominations have been closed, the Mayor will call for a vote on each nominee (in the order in which the y are made). Th e first nominee to receive four or more votes will be the new member. Members do not have to vote and can abstain from voting if they wish. Voting will continue until one nominee receives four votes.
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 relate to one of the Counc il’s Strategic Initiatives.
PUBLIC CONTACT
The agenda was published in accordance with the Brown Act.
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
Final List of Applicants for Vacancy on City Council
No. Last Name First Name Hayward
Resident
Registered
Voter
1. Abrishamcar Michael (Mansoor) Yes Yes
2. Ali-Sullivan Aidan Yes Yes
3. Basnet Ila Yes Yes
4. Belfrey Bonnie Yes Yes
5. Berry Artavia Yes Yes
6. Bonilla Ray Yes Yes
7. Brown Royalton (Lamont) Yes Yes
8. Bruckner Austin Yes Yes
9. Carrillo George Yes Yes
10. Christopher Michael Yes Yes
11. Chung Ching Yes Yes
12. Clark James Yes Yes
13. De Guzman Christie Yes Yes
14. Dossey Gwen Yes Yes
15. Duncan Jo Yes Yes
16. Froomin Marty Yes Yes
17. Goldstein Daniel Yes Yes
18. Heredia Gabriel Yes Yes
19. Khan Fahim Yes Yes
20. Khodayari Bobby Yes Yes
21. King Greg Yes Yes
22. Knox La Wanda Yes Yes
23. Kuniyil Prabhakaran Yes Yes
24. Latif Kashif Yes Yes
25. Manrique John Yes Yes
26. Mateo Manny Yes Yes
27. McCready Roland Yes Yes
28. Mehdavi Hillmand Yes Yes
29. Morales German Yes Yes
30. Nguyen Son Yes Yes
31. Ojeda Rosalee Yes Yes
32. Orlando Thomas Maximilian Yes Yes
33. Ottman Debbie Yes Yes
34. Perez Jesica Yes Yes
35. Prasad Mahender Yes Yes
36. Purcell Shareen Yes Yes
37. Ramos Randy Yes Yes
38. Randolph Genevieve Yes Yes
39. Rangel Rodriguez Roberto Yes Yes
40. Sediqui Megan Yes Yes
41. Suber Anthony Yes Yes
42. Sudaria Philippe Yes Yes
43. Valeau Edward Yes Yes
44. Wong Thomas Yes Yes
45. Ybarra Paul Yes Yes
ATTACHMENT IV
ATTACHMENT V
OFFICE OF THE CITY CLERK
NOMINATION OF CANDIDATES FOR APPOINTED COUNCIL MEMBER
Please list up to five (5) candidates you wish to nominate for appointment to the City Council.
I hereby nominate the above candidates to be interviewed for appointment to the City Council at the Special City Council Meeting on Monday, January 9, 2023.
Name: __________________________________
Signed: __________________________________
Dated: __________________________________
Nominations are due in the Office of the City Clerk by noon on Thursday, January 5, 2023.
ATTACHMENT VI
OFFICE OF THE CITY CLERK
NOMINATION MATRIX
APPLICANTS Andrews Márquez Roche Salinas Syrop Zermeño POINTS Aidan Ali-Sullivan 1 1 1 1 1 5
Artavia Berry 1 1 1 1 1 5
Ray Bonilla Jr. 1 1 1 1 1 1 6
Austin Bruckner 1 1 1 1 1 5
Daniel Goldstein 1 1 1 1 1 1 6
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-005
DATE: January 9, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Resolution Appointing a Council Member for the City of Hayward
RECOMMENDATION
That the City Council adopts a resolution (Attachment I) appointing a Council Member to serve the remaining term of former Council Member, now Mayor, Salinas.
ATTACHMENTS
Attachment I Draft Resolution
CITY OF HAYWARD Printed on 1/6/2023Page 1 of 1
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ATTACHMENT I
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member _____________
RESOLUTION APPOINTING ___________________________AS COUNCIL MEMBER
FOR THE CITY OF HAYWARD
BE IT RESOLVED that the City Council of the City of Hayward herby appoints ______________________ as Council Member, to serve for the remaining term of former Council Member Salinas. The term of appointment will expire subsequent to the certification of the canvass of the General Municipal Election to be held in November 2024, and assumption of the office of Council Member by the duly elected candidate unless otherwise designated.
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