SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/85625573419?pwd=a1psTXhmSEFmd2Q3bm9GY0ZJN1VLZz09 Tuesday, February 7, 2023, 7:00 p.m.
The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. The City Council held a virtual meeting via the Zoom platform.
Pledge of Allegiance: Council Member Zermeño
Present: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño MAYOR Salinas
Absent: None
CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on January 31, 2023, at 5: 30 p.m., with all members present and no public comment, regarding conference with legal counsel pursuant to Government Co de section 54956.9(d)(2) and 54956.9(d)(3) concerning anticipated litigation involving multiple potential claims. City Attorney Lawson indi cated that Council took no reportable action. The closed session adjourned at 7:00 p.m.
The City Council convened in closed session on February 7, 2023, at 5:30 p.m., with all members present and no public comment , regarding the annual performance evaluation of the City Clerk. City Attorney Lawson noted the Council took no reportable action. The closed session adjourned at 6:29 p.m.
PRESENTATIONS
Keep Hayward Clean a nd Green Task Force (KHCG TF) Chair Haman provided a b rief overview of KHCG TF and shared background of the Keep Hayward Clean and Green Beautiful Yard Contest. Mayor Salinas congratulated all winners for maintaining yards that are clean and free of debris, reduce water usage and have native plants and landscaping; and presented certificates of recognition to Eunice Wlcek and David Bogart for winning third place, Iris and Edward dela Calzada for second place, and Sergey and Natalie Melnikov for first place. Council Member Andrews presented gift cards to all winners.
Mayor Salinas read a certificate proclaiming the month of January 2023 as Human Trafficking Awareness Month and celebrating th e focus of resid ents to parti cipate in efforts to ra ise awareness of and end all forms of human trafficking. Mayor Salinas presented the certificate to Vanessa Russell, Love Never Fails Executive Director.
PUBLIC COMMENTS
Ms. Bonnie Moss, Faircliff Street resident, commended City staff and the City Council for the excellent customer service response and community meeting regarding the mud and debris flow of the hillside which occurred between Dec. 27, 2022, through Jan. 18, 2023. 2 | F e b r u a r y 7 , 2 0 2 3
The following individuals spoke on behalf of C hristina whose 16-year-old son was assaulted by members of the Hayward Police Department (HPD) on Jan. 20, 2023 during a traffic stop on Watkins S treet; not ed HPD refused to release reports and video ca mera footage of the incident; urged the City Council to help Christina get the information sought per SB 1421 and AB 748; asked the City Manager to make the matter her top priority ; and make sure the investigation involves the voices of Christina and her son and action related to the matter goes beyond filing a complaint against police misconduct.
Mr. Alex Moreno, The Hayward Community Coalition member.
Ms. Cynthia Nunes, The Hayward Community Coalition member.
Mr. Collin Thormoto, The Hayward Community Coalition member, read a letter into the record.
Mr. Jesse Gunn, The Hayward Community Coalition member and Hayward teacher.
Ms. Rebecca, Bay Area resident.
CITY MANAGER’S COMMENTS
City Manager McAdoo indicated she had sent an email to Christina and offered to meet with the Acting Police Chief; announced the launching of a Makerspace Open House on February 11, 2023, at the Downtown Library and the launching of Americ an Sign Langua ge/Spoken English Family Storytime on the fourth Saturday of every month at the Downtown Library.
CONSENT
Consent items 2, 6 and 7 wer e r emoved f rom th e Consent Cal endar for discussion and separate vote.
1. Approve the City Council Minutes of the City Council Meeti ng on January 17, 2023 MIN 23-015
It was moved b y Council Member Zermeño, seconded by Co uncil Member Márquez, and carried unanimously, to approve the minutes of the City Council Meeting on January 17, 2023.
2. Approve the City Council Minutes of the City Co uncil Meeting on January 24, 2023 MIN 23-018
It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to approve the minutes of the City Council Meeting on January 24, 2023, with a small correction to page 4 as noted by Council Member Syrop . Following the City Council meeting, staff confirmed the draft minutes did not need to be am ended as it contained the correct information.
3. Adopt a Resolution Authorizing the Ex tension of the Council Homelessness-Housing Task Force for an Additional One-Year Period Through March 2024 CONS 23-034
Staff report submitted by Housing Manager Morale s and
Assistant City Manager Claussen, dated February 7, 202 3, wa s filed.
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/85625573419?pwd=a1psTXhmSEFmd2Q3bm9GY0ZJN1VLZz09 Tuesday, February 7, 2023, 7:00 p.m.
It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-027, “Resolution Authorizing the Extension of the Council Homelessness-Housing Task Force for an Additional One-Year Period thr ough March 2024 and Appointment of
Council Members”
4. Adopt a Resolution to Temporarily Suspend Applicable Local Planning and Zoning Requirements for Homeless Shelters Located on Specified Private Property, and Determining that the Common Sense CEQA Exemption Applies CONS 23-063
Staff report submitted by Community Services Manager
Lobedan, Acting Development Servi ces Director Buizer, and Senior Assistant City Attorney Vigilia, dated February 7, 202 3, was filed.
It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-028, “ Resolution to Temporarily Suspend
Applicable Local Planning and Zoning Requirements for Existing Homeless Shelters Located on Specified Private Property”
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5. Adopt Resolutions (1) Authorizing the City Manager to Exe cute the Amendment to the Project Funding Agreement with Alameda County Transportation Commission and Accept and Appropriate an Additional $1,662, 000 and (2) Approving Plans and Specifications and Call for Bids for the Re -Bid of the Mission Boulevard Corridor Improvements Phase 3 Project, No. 05287 CONS 23-069
Staff report submitted by Public W orks Director Ameri, dated February 7, 2023, was filed.
It was moved by Cou ncil Member Zermeño, seconded by Council Member Márquez, and carried by the following roll call vote, to adopt the resolutions.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-029, “ Resolution of the City of Hayward
Authorizing the City Manager to Execute a n Amendment to the Project Funding Agreement with Alamed a County
Transportation Commission and to Accept and Appropriate $1,662,000 in Grant Funds for Mission Boulevard Corridor Improvement Project Phase 3, Project No. 05287”
Resolution 23-030, “ Resolution Approvi ng Plans and
Specifications for the Rebid of Mission Boulevard Corridor Improvements Phase 3 Project, Project N o. 05287 and Call for Bids”
6. Adopt a Resolution Approving Garbage and Recycling Rates for 2023-2024 CONS 23- 072
Staff report submitted by Public Works Director Ameri, dated February 7, 2023, was filed.
Council Mem ber Roche requ ested consideration, particularly for multifa mily and multigenerational housing, for not charging the contamination fee and overage fee during the soft launch of the new program and instead include further education explaining the program.
City st aff indicated the soft launch will include warnings and staff co uld contact Waste Management, particularly around multifamily properties and being more thought ful about outreach and education.
It was moved by Council Member Roche, seconded by Council Member Andrews, and carried by the following roll call vote, to adopt the resolution.
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/85625573419?pwd=a1psTXhmSEFmd2Q3bm9GY0ZJN1VLZz09 Tuesday, February 7, 2023, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop , Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-031, “Resolution Approving the Garbage &
Recycling Rate Adjustment for 2023-2024”
7. Adopt a Resolution Authorizing the City Manager to Execute a Coordination, Resiliency, and Action Agreem ent with Russel l City Energy Company, LLC and Accepting and Appropriating Donations for a Fire Department Hazardous Materials Response Vehicle and for the Russell City Reparative Justice Project (RCRJP) Following the Explosion that Occurred at the Russell City Energy Center on May 27, 2021 CONS 23-085
Staff report submitted by Assistant City Man ager Youngblood and Fire Chief Contreras, dated February 7, 2023, was filed.
In response to Council Member Andrews’ inquiry about the appropriation of $20,000 for the Russell City Reparative Justice Project (RCRJP), City staff indicated it will be used for a cultural project approved by the RCRJP’s Steering Committee, and the committee had been informed.
It was moved by Council Member Andrews, seconded by Council Member Syrop, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-032, “Resolution Authorizing the City Manager to Execute a Coordination, Resiliency, and Action Agreement with Russell City Energy Company, LLC and t o Accept and
Appropriate $150,000 to Support the Purchase of a Fire
Department Hazardous Mater ials Vehicle and $20,0 00 for the Russell City Reparative Justice Project (RCRJP)”
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PUBLIC HEARING
8. Housing Element: Adopt a Resolution Amending the General Plan to Include the 2023 - 2031 Housing Element PH 23-008
Staff report submitted by Acting Development Services Director Buizer, dated February 7, 2023, was filed.
Acting Development Services Director Buizer announced the item and introduced Principal Planner Schmidt who provided a synopsis of the staff report.
Discussion ensued am ong members of the City Counci l, City staff and Mr. Jason Montague with Rincon Consultants regarding: Regional Housing Needs Allocation (RHNA) allocations for cities in Alameda County underscoring Hayward’s increase, from 2015 (3,920) to 2023 (4,624), relative to other jurisdictions was not significant; the city is committed to reducing governmental constraints and environmental and market constrai nts were not within the City’s purview; the State adopted recent laws that allow for minimum densities and heights; nonvacant s ites are underutilized sit es based on criteria such as land value ratio , older structures, low floor area ra tio and a compari son to development trends in the downto wn and Mis sion Bo ulevard areas ; 200 affordable units were crossed off and 952 units were added as a new construction because this was the number of units that were built above moderate income level in the last Housing Element cycle; the City was committing to developing 547 ex tremely low income hou sing, 528 very lo w income ho using, 612 low income hou sing and 817 moderate income level housing units and the city was not precluded fr om exceeding these numbers ; the online permitting software will he lp streamline development processes and staff could help individuals load their applications into the software at one of the compu ter stations in the Pe rmit Center; concern that there may be surrounding jurisdictions that have not con tributed their share to const ructing housing to meet RHNA numbers; to meet the January 31, 2023 deadline, the city submitted a version of the Housing El ement on Jan uary 4, 2023 and a ny amendments could still be submitted to HCD; as part of the Affordable Housing O rdinance, developer s ha ve requirements to priorit ize individuals w ho either live or work in the city and have to submit an aff ordable housi ng plan, sign an affordable housing agreement, and also set a marketing plan reviewed by staff to ensure that a preference policy is implemented into the marketing strategy; through the Home Repair Program, there would be tie-in programs for retrofits for ener gy e fficiency; the Affordable Housing Ordinance allows developers to comply by provi ding on-site inclusionary housing units or paying in-lieu fees and the city needs to collect the fee and have the on -site inclusionary units to provide diverse housing opportunities; BART placed the Downtown Hayward BART site under the near -term development category and the South Hayward BART s ite in th e midterm category and Council could prioritize development sites for the next thre e to four yea rs; opportunity sites on Mission Boulevard have adequate access; residents take advantage of the Home Repair Program which has existing funds; the Environ mental Justice Element is in dr aft form and is planned to be prese nted to the Council Sustainability Com mittee with community engagement and Government Alliance on Race and Equity (GARE) could review it once ready; and there was concern about cost-burdened individuals who were placed in
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/85625573419?pwd=a1psTXhmSEFmd2Q3bm9GY0ZJN1VLZz09 Tuesday, February 7, 2023, 7:00 p.m.
housing and are at risk of losing their housing and staff noted there were city and county housing resources to provide as many housing opportunities as possible to keep people housed.
Mayor Salinas opened the public hearing at 8:49 p.m.
Ms. Ro Aguilar read her comment into the record which summarized her ongoing advocacy for requiring developers to build inclusionary housing, particularly owner-occupied units.
Mayor Salinas closed the public hearing at 8:52 p.m.
Members of the City Council thanked staff for the work done on th e Housing Element and commended the robust community outreach and engagement efforts.
Council Member Andrews noted that while it was important to get developers on board with inclusionary housing, it seemed difficult to get a higher percentage beyond the 20% for affordable housing based on a variety of factors mentioned in the Housing Element; noted she looked forward to reviewing updates to the Safety Eleme nt and considering the Environmental Justice Element and how it would be applied from a social justice perspective; was glad th at senior s were identified in the special housing needs group ; and favored engaging BART to prioritize development of BART sites to mitigate crime and spur economic development through more retail or pop-up opportunities.
Council Member Roche was proud of the C ity for working earnestly to meet RHNA goal s; looked forward to hearing more about electric retrofitting for appliances in future discussions about the Climate Action Plan; and noted that she will comment on the policy for developers to bu ild inclusionary units when the Affordable Housing Ordinance re turns to Council for discussion.
Mayor Salinas requested that a press release be issued informing the community about the adoption of the 2023-2031 Housing Element.
Mayor Salinas made a motion to move the staff’s recommendation.
Council Member Zermeño seconded the motion.
Council Member Zermeño expressed support for the proposed Housing Element, concurred that the public be made aware of the adoption of the Housing Element, agreed to prioritize development of th e Downto wn Hayward BART site, and encouraged all t o contac t BART Director McPartland.
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Council Member Syrop noted that Ms. Ro Aguilar sent an email to the city requesting to have her husband’s name replaced with her name in the Housing Element under the response to Public Comments sectio n; stated th at there wa s a desire expressed by the Planning Commission to revisit an d strengthen the City’s Rental Stabilization Ordinance; asked to consider rezoning larger portions of th e city to accommodate new dev elopment during the Housing Element implementation; echoed prioritizing development of BART sites, contacting BART directors and off ered to be a resource to staf f; supported continuing to soli cit community input through posts on the City ca lendar and social media channels; supported having discussion about inclusionary housing; requested that a new action be added to Program H-2 (Residential Rental Inspection Program) on page 65 of the Housing Plan with the hope to develop a rental registry with a timeline and objective date of implementation by January 2025; and added that the registry could be used by residents and Code Enforcement staff to provide a frequently updated database of the City’s rental housing stock, could assist in streamlining mediations between tenants and landlords, and could improve compliance with rental laws.
In response to City Manager McAdoo’s in quiry about a n e xisting rental registry, Housing Manager Morales indicated the City had a n inventory of rental unit s but n ot a registry that tracks rents. City Manager McAdoo responded that if a majority of the Council supported having a rental registry, the req uest would still require staff research, outreach, and an implementation plan.
Mayor Salinas noted that since the registry was a suggestion that emerged fr om the Homelessness-Housing Task Force (HHTF), Council Member Syrop’s recommendation could be placed on the next HHTF meeting agenda for discussion and brough back to the Council for further discussion.
Council Member S yrop underscored he would lik e the rental regi stry to be a long-term priority for the City, emphasized the importance of se tting this as a vision and placing a timeline on it as a part of the housing strategy and incorporating it into the General Plan, and preferred an amendment to the motion.
Mayor Salinas restated the amendment to the motion which was to include an enforceable rental registry as an action under Program H-2.
City M anager McAd oo noted the program recommendation could be a prioritization discussion as a part of the upcoming Strategic Roadmap retreat in March, if Council agreed.
Council Member Zermeño supported Council Member Syrop’s recommendation but did not think it was the ri ght time; and agreed with Mayor Salinas’ suggestion to have the HHTF review it first, get community input, and then send potential recommendations made by HHTF to the Council.
Council Member Goldstein stated the rental registry was a worthy program to pursue; and although it sounded like a simple and logical request, it could have a ripple effect on other
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/85625573419?pwd=a1psTXhmSEFmd2Q3bm9GY0ZJN1VLZz09 Tuesday, February 7, 2023, 7:00 p.m.
priorities; therefore, he supported the p rogram be considered by the HHTF first and then brought back to the Council.
Council Member Márquez appreciated the deliberation and supported the rental registry and encouraged that Council Member Syrop bring up the program during the Strategic Roadmap retreat.
Council Member Syrop stated that his request was for the issue to be addressed in the next eight years, was not asking for an immediate adoption of a policy, and was providing more of an overall direction. Council Member Syrop restated his friendly amendment to the motion which included that in the next eight years an enforceable rental registry be developed under Program H-2.
Mayor Salinas did not accept the friendly amendment. Council Member Zermeño added that he would rather wait for further discussion and did not accept the friendly amendment.
The friendly amendment died for lack of support.
It was moved by Mayor Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-033 “Resolution Adopting a General Plan
Amendment to Update the Housing Element of the General Plan for the Period of 2023-2031”
LEGISLATIVE BUSINESS
9. Salary Plan A mendment: Adopt a Resolution Approving an Amendment t o the City of Hayward Salary Plan for the Fiscal Year 2023 LB 23-006
Staff report submitted by Human Resources Director Frye, dated February 7, 2023, was filed.
Human Resources Director Frye provided a synopsis of the staff report.
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There being no public comments, Mayor Salinas opened and closed the public hearing at 9:23 p.m.
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried by the following roll call vote, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-034 “Resolution Approving the Amended Fiscal Year 2023 Salary Plan Desig nating Positions of Employment in the City of Hayward and Salary Range; and Superseding
Resolution No. 23-019 and all Amendments Thereto”
COUNCIL REPORTS AND ANNOUNCEMENTS
There were none.
COUNCIL REFERRALS
There were none.
ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 9:25 p.m.
APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward