Attachment I Draft Minutes of 6/6/2023 — Hayward City Council, June 20, 2023

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

The special joint City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority meeting was called to order by Mayor/HRSA Chair/HHA Chair Salinas at 7:05 p.m.

The City Council /Hayward Redevelopment Successor Agency/Hayward Housing Au thority held a hybrid meeting in Council Chambers and virtually via Zoom.

PLEDGE OF ALLEGIANCE: Council/HRSA/HHA Member Bonilla Jr.

ROLL CALL

Present: COUNCIL/HRSA/HHA MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR/HRSA CHAIR/HHA CHAIR Salinas

Absent: NONE

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed sess ion at 5:30 p.m., with all members pre sent and no public comment, regarding three items: 1) public employment pursuant to Government Code section 54957 regarding the annual performance evaluation for City Attorney, City Manager, and City Clerk; 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor g roups; and 3) conference with legal counsel pursuant to Government Code section 54956.9(d)(4) regarding one anticipated litigation case. City Attorney Lawson reported the Council discussed Items 1 and 2 but took no reportable action.

Mayor Salinas noted there was no reportable action related to Item 3. The closed session adjourned at 7:00 p.m.

PRESENTATIONS

Mayor Salinas read a proclamation declaring the month of June as LGBTQIA + Pride Month in the City of Hayward . Mr. Robert Lopez and Ms. Collins with Project Eden’s Lambda Youth Project at Horizon Services thanked the Council for such a recognition.

PUBLIC COMMENTS

Ms. Suzanne Luther, Hayward Concerned Citizens member, asked if the City was preparing to send information on fines for firewor ks violation in anticipation of the upcoming Fourth of July holiday.

Ms. Peggy Guernsey stated that while she was proud that Hayward was the first city nationally to have a Gay Prom, she was saddened that local public schools do not allow nor encourage students to celebrate gay pride at their own school proms.

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Mr. Robert Stevens, Hayward resident, spoke about Comcast’s use of the public right of way for power backup cabinets and the City’s process to grant revocable encroachment permits with no policy regarding outreach, shared he was going to request at the meeting between the neighborhood and Comcast that the permit be revoked under Section 7-2.16 of the Municipal Code, and encouraged the Council to review encroachment permit policies.

Dr. Robert Carlson, Old Highlands Homeowners Association (OHHA) member, followed Mr.

Stevens’ concern noting that in recent years OHHA and the City had conferred and reached compromise on a few issues, and stressed that a notice via a doorhanger was a one-way communication and did not serve to have a dialogue which he urged to have in maintaining a relationship with OHHA.

Mr. Gabriel Altamirano, South Hayward Now Ahora (SHNA) member, expressed concern the proposed project for the St. Regis facility did not have any community input on its scope, noted there were adverse impacts including traffic, drug use, and frequent calls for police/fire service; and requested that the Council and Planning Division hold public hearings regarding conditions of the project to protect service recipients.

CITY MANGAGER’S COMMENTS

City Manager McAdoo indicated that notices about fireworks would be issued soon, shared that some signage had been posted on D Street, and noted that the fine system used last year would be implemented again this year.

CONSENT

Consent Items 9 and 18 were removed for comment.

1. Approve the City Council Minutes of th e City Council Meeting on May 13, 2023 MIN 23-068
It was moved by Counci l M ember Roche, seconded by Council Member Goldstein, a nd carried unanimously, to approve the minutes of the City Council Meeting on May 13, 2023.

2. Approve the City Council Minutes of th e City Council Meeting on May 16, 2023 MIN 23-069
It was moved by Counci l Member Roche, seconded by Council Membe r Goldstein, a nd carried unanimously, to approve the minutes of the City Council Meeting on May 16, 2023.

3. Approve the City Council Minutes of th e City Council Meeting on May 23, 2023 MIN 23-070
It was moved by Counc il Member Roche, seconded by Council Mem ber Go ldstein, a nd carried unanimously, to approve the minutes of the City Council Meeting on May 23, 2023.

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

4. Adopt a Resolution Rescinding Implementation of Level 2 of the City of Hayward ’s Water Shortage Contingency Plan CONS 23-313

Staff report submitt ed by Public W orks Director Ameri, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-131, “ Resolution Rescinding Resolution 22 -117 Implementing Level 2 of the City of Hayward Wate r Shortage Contingency Plan”

5. Adopt a Re solution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exerc ise of Powers Agreement for the Hayward Area Shoreline Planning Agency CONS 23-319

Staff report submitte d b y Public Works Director Ameri, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-132, “Resolution Authorizing the City Manager to Execute a One-Year Extension for Renewal of the Hayward Area Shoreline Planning Agency Joint Exercise of Powers Agreement”

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6. Adopt a Resolution Authori zing t he City Manager to Execute a Contract Amendment with JP Mo rgan Chase, N.A. fo r Banking and Cash Management Services for an Additional Three-Year Term CONS 23-344

Staff report submitted by Finance Director Gonzalez, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-133, “Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement Between the City of Hayward and JP Morgan Chase, N.A. for Banking and Cash Management Services for an Additional Three Years”

7. Adopt a Resolution: (1) Autho rizing the Reallo cation of $2 Million in American Rescue Plan Act of 2021 (ARPA) Funds for a Down Payment Assistance (DPA) Program; and (2) Authorizing t he City Manager to Execute Loan Document s and Administer the L oans Including Subordinating, Extending, or Modifying Repa yment Terms to Provide Down Payment Assistance Loans in an Amount Not -to-Exceed $300,000 per Loan CONS 23- 322

Staff report submitted by Assistant City Manager Claussen, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-134, “Resolution Authorizing (1) the Reallocation Of $2 Million in American Rescue Plan Act of 2021 (ARPA) Funds for a Down Payment Assistance (DPA) Program; and (2) the City

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Manager to Execute Loan Documents and Administer the Loans Including Subordinate, Extend or Modify Repayment Terms to Provide Down Payment Assistance Loans in an Amount Not -to- Exceed $300,000 Per Loan”

8. Adopt a Reso lution of I ntention to Preliminarily App rove t he Engineer’s Re port and Assessments for Fiscal Year 2024; and Set June 27, 2023, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96 -1, Zones 1 through 18 CONS 23-323

Staff report submitted by Maintenance Services Direct or Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-135, “Resolution of Intention to Preliminarily Approve the Engineer's Report, Declaring Intent ion to Levy Assessments for Fiscal Year 2024 for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 -18, and Setting June 27, 2023, as the Public Hearing Date”

9. Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2024 for Maintenance District No. 1 – Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 27, 2023, as the Public Hearing Date CONS 23-325

Staff re port submitted by Maintenance Services Direc tor Rullman, dated June 6, 2023, was filed.

In res ponse to Council Member Goldstein ’s inqu iry about the May 31, 2022 community meeting for FY 2024 assessments, Maintenance Services Director Rullman indicated there was no one in attendance for Maintenance District No. 1.

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It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-136, “Resolution of Intention Preliminarily Approving the Engineer's Report; Declaring Intention to Levy Assessments for Fiscal Year 2024; and Setting June 27, 2023, as the Public Hearing Date Concerning Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road, and Ruus Lane”

10. Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fi scal Year 20 24 for Maintenance District N o. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set June 27, 2023, as the Public Hearing Date CONS 23-324

Staff repo rt submitted by Maintenance Services Director Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-137, “Resolution of Intention Preliminarily Approving Engineer's Report, Declaring Intention to Levy Assessments for Fiscal Year 2024, and Setting June 27, 2023, as the Public Hearing Date Concerning Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer”

11. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 Increasing the Contract Amount for Newton Construction & Management for the Tenant Improvements and Workspace Reconfiguration for Fire Administration by $36,850, for a Total Not-to Exceed Contract Amount of $348,612 CONS 23-326

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Staff repo rt submitted by Maintenance Services Director Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-138, “Resolution Authorizing the City Manager to Negotiate and execute Amendment No.1 to the Construction & Management for the Wo rkspace Reconfiguration for Fire
Administration by Increasing the Contract Amount by $ 36,850, for a Total Amount Not to Exceed $348,612”

12. Adopt A Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Samsara Inc. in an Amount Not -to-Exceed $105,465 and an Effective Term Length Through FY2026 CONS 23-327

Staff report submitte d by Maintenance Se rvices Director Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-139, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Samsara Inc in an Amount Not -to-Exceed $10 5,465 and an Effective Term Length Through FY2026”

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13. Adopt a Resolution Approving Plans and Specifications, and Calling for Bids for the FY23 Median Landscape Improvement - Phase 2, Project No. 05281 and Appropriate an Additional $497,700 fro m the Street S ystem Improvements (Fund 450) to Project 05281 CONS 23-329

Staff report submitted by Public Works Director Ameri, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-140, “Resolution Approving Plans and
Specifications for FY23 Median Landscape Improvement – Phase 2 Project - Hesperian Boulevard (West “A” Street to Sueirro Street, Phillips Way to W Winton Avenue) Project No. 05281, and Call for Bids”

Resolution 23-141, “Resolution Authorizing the Appropriation of $497,700 from the Street System Improvements (Fund 450) to the Median Landscape Improvement Project No. 05281 Phase 1 and 2”

14. Adopt a Resolution Authorizing the City Manager to Execute a Contract with HdL Coren & Cone for Property Tax, Information and Audit Services CONS 23-333

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Resolution 23-142, “Resolution Authorizing the City Manager to Execute a Co ntract with Hdl Cor en & Cone for Property Tax, Information and Audit Services for Three Years with the Option to Extend for Two Additional One-Year Periods”

15. Adopt a Resolution Authorizing the City Manager to Execut e a Contract with MuniServices for Municipal Sales Use Tax Management and Auditing Services CONS 23- 334

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-143, “Resolution Authorizing the City Manager to Execute a Contract with Muniservices, LLC for Sales Use Tax Management and Auditing Services for Three Years with the Option to Extend for Two Additional One-Year Periods”

16. Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2023 CONS 23-335

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
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Resolution 23-144, “Resolution Approving the Amended Fiscal Year 2023 Salary Plan Designating Positions of E mployment in the City of Hayw ard and Salary Range; and Superseding
Resolution No. 23-057 and All Amendments Thereto”

17. Adopt a Resolution Authorizing the City Manager to Execute a Professional Agreement for Auditing Services with Maze & Associates CONS 23-338

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-145, “Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement Between the City of Hayward an d Maze and Associates for Professional Financial Audit and Reporting Services for an Additional Two Years for an Annual Amount of $110,000”

18. Adopt a Resolution Approving Updates to the City's Strategic Roadmap CONS 23-339

Staff report submitted by Assistant City Man ager Youngblood, dated June 6, 2023, was filed.

Mayor Salinas commended staff for the work done and for helping Council land on a specific and concise strategic priorities which represent collaborative work.

It was moved by Council Member Roche, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Resolution 23-146, “Resolution Approving and Adopting the City of Hayward Strategic Roadmap for Fiscal Years 2024 to 2025+”

WORK SESSION

19. Sidewalk Vend ing Ordinance: Review and Discuss Draft Program Policies for an Amendment to the Ha yward Municipal Code to Comply with Senate Bill (SB) 946, the “Safe Sidewalk Vending Act” WS 23-023

Staff report submitted by Development Services Director Buizer dated June 6, 2023, was filed.

Acting Development Services Director Buizer introduced Senior Planner Thompson and Assistant Planner Ochoa who provided a synopsis of the staff report.

Mayor Salinas opened the public comment period at 7:55 p.m.

The following individuals spoke against sidewalk vending because there were concerns with sanitation, food preparation, use of local law enforcement to regulate street vendors, proper permitting, sale of alcohol, trash generated in neighborhoods, congestion of traffic generated by street vending; noted street vendors do not pay sales tax, rent, utility bills, and employee related c osts as d o brick-and-mortar businesses which create an unfair competition ; and sidewalk vending would further diminish the appearance of Hayward neighborhoods.

Ms. Peggy Guernsey, Hayward resident
Mr. Luis Barba, La Casita Restaurant owner, via a Spanish interpreter Mr. Bruce Richmond, Hayward resident
Mr. Alejandro Garcia, Metro Taquero owner

Ms. Perla Corona was interested in receiving information on how to obtain a business permit and sales tax; and noted that sidewalk vendors were prospective business owners who could work cooperatively with one another.

Mr. Gabriel Altamirano, S outh Hayward Now Ahora (SHNA) member, was pleased that the proposed ordinance will make it easier fo r vendors to obtain mobile food facility permits to vend which will address health and safety concerns and protect brick-and-mortar businesses and favored equitable enforcement in all areas of Hayward.

Mr. Robert McKay expressed concern about the welfare and health of potential patro ns of sidewalk vendors and suggested that the enforcement mechanisms in the proposed ordinance be more stringent and not just a verbal or written notice.

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Mr. Antonio Solorio, Tacos Uruapan owner, noted that sidewalk vending evolved in the City from being pe rmitted in commercial areas to restricted in industrial areas, and further expanded with the pandemic; and commented that if a balance was not attained, there would soon be more street vendors than businesses in the City.

Mr. Jorge Flores, Don Polvoron owner, suggested freeing taxes for brick -and-mortar businesses to level the playing field ; noted that sidewalk vending would prevent the progression of the city; added that most established businesses struggled and started small, received education, consulted nonprofit organizations; and noted that government agencies gave loans to start a business.

Mr. Diego Cervantes noted he understood the need to have regulations in place and urged the City not to be too restrictive; and indicated that street vendors provided food options.

Ms. Andrea Salazar noted that SB 946 provided reasonable guidelines to protect vulnerable and historically marginalized and oppressed communities, mentioned that Hayward’s mission and status as a sanctuary city should be considered, and added that being equity oriented was important for moving forward with the proposed ordinance.

Ms. Suzanne Luther, Hayward Concerned Citizens member, noted that if street vendors do not pay taxes, the city sh ould give established businesses that pay taxes and e mployee-related costs the same fair chance at succeeding, and aske d Council to take comments made by business owners into consideration.

Mr. Christian Estrada, Hayward resident, noted that each month the number of street vendors was increasing, noted that a vendor that roasts chicken near a building was melting the paint off a building, and suggested that the proposed regulation consider the distance requirement from building entrances and exits to vending operations.

Mayor Salinas closed the public comment period at 8:28 p.m.

Members of the City Council thanked members of the public for their comments and advocacy on such an important item, commended staff on the community outreach and research that went into drafting a policy, and thanked residents who participated in the survey.

Discussion ensued among members of the City Council and City staff regarding: no sidewalk vendor shall vend within 15 feet from driveway or alleyway, within 100 feet of any emergency facility (Fire Station, Police Station, Hospital); sidewalk vendors are prohibited from entering or encroaching onto private property; per SB 946, sidewalk vendors could not be set up close to brick-and-mortar restaurants based on health safety and welfare but prohibitions could not depend on economic competition; mobile food facility (MMF) permit costs ($500-$700) and enforcement through the Alameda County Department of Environmental Health (ACEH) ; proposed enforcement and fines for vending without a sidewalk vending permit or other provisions of the regulations; Code Enf orcement Division would be undertaking the effort to enforce provisions in the proposed ordinance; mechanism for computing sales tax and business license; implementation plan after the ordinance is adopted; and the regulations did not

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Council Member Syrop indicated that he wanted to ensure that the or dinance was not too restrictive or trying to solve problems that were actually not happening; wanted to e nsure that te chnical assistance and help through the compliance p rocess were provided if new regulations were b eing enforced, especially if individuals were not n ative English speakers and wanted to take cultural sensitivity into account; was opposed to the additional guideline of no vending or establish a setback requirement from public plazas; noted that restricting vending within landscaped areas was too broad and was amenable to vendors being on public landscaped areas as long the areas were not severely damaged; was opposed to limiting sidewalk vendors in residential zones to roaming only; supported no vending in designated parking zones and stressed this should be required as opposed to optional; noted the timeframe (9am-7pm) for sidewalk vending activities should be expanded; noted that requiring sidewalk vendo rs to provide a trash receptacle for customers seemed unrea listic; was strongly opposed to sidewalk vendors not being able to erect freestanding appurtenances adjacent to their person, cart, wagon, or rack for vending activities because it felt unreasonable and overly stringent; supported sidewalk vendors not able to sell or offer to sell services for any type of rental activity; noted that sanitation and taxation guidelines were missing as well as traffic safety guidelines; noted that having vend ors be 50 fe et from one another was restrictive and favored that they congregate away from brick-and-mortar businesses and congregate closer to one another; appreciated the alternative enforcement approach indicating that he liked that it was not punitive and rather there was an educational component; and suggested that the Economic Development Department provide any technical support as a part of enforcement, emphasizing that vendors should be permitted.

Council Member Zermeño expressed he was not pleased with the 100 feet distance limitation for sidewalk vending near brick-and-mortar restaurants due to SB 946; suggested increasing the distance between stationary sidewa lk vendors fr om 50 feet to 20 0 feet or 300 feet ; suggested identifying a centrally located place, similar to a marketplace, where street vendors could vend according to permits and regulations in place; urged the importance of sidewalk vendors to conduct business in a sustainable manner including no use of Styrofoam products and composting waste practice; agreed with staff’s recommendations; requested to have information available on how to start a business in English and Spanish; noted the ordinance was missing a definition of what a street vendor is; noted that the guidelines should include language ensuring that vendors cannot cook onsite and perishables should b e properly refrigerated; and urged business owners to also reach out to state legislators for help in identifying solutions.

Council Member Goldstein suggested that staff consider adding a health-related liability insurance for vendors as a requiremen t to help pro tect the p ublic from food-borne illness; urged sidewalk vendors to look at the business community where they want to l ocate in 14 | J u n e 6 , 2 02 3
determining what type of business would be welcom ing and complimentary; asked staff to investigate if the Franchise Tax Board would compute some type of value for proceeds from the street vendor in efforts to l evel the playing field; stated that he was not in favo r of prohibiting freestanding appurtenances, as permitting this would be doing the community a favor by allowing for a place for customers to sit and vendors to rest unless it became a health, safety, or welfare issue; was concerned that if trash collection prohibitions were too stringent, this could contribute to i llegal dumping being r esorted to and recommended exploring if vendors could take trash to the corporation yard or receive a discount for taking trash to Davis Street Transfer Station or some other facility; agreed generally with the local and operational guidelines; concurred with Council Member Zermeño’s comments about exploring a way for sidewalk vendors and brick-and-mortar businesses to work cooperatively, and stated that his reading of SB 946 was that the City could define what vendors exist at a location like a farmers market.

Council Member Bonilla Jr. wanted to ensure the ordinance strikes the right balance for sidewalk vendors and brick -and-mortar bu sinesses including having clear guidelines that improve safety, getting taxes paid, and supporting entrepreneurship; agreed with restricting sidewalk vending in parking structures and lots and wanted to ensure the ordinance has clear language on how the City would authorize vending in a city owned property; wondered if there was a strategic way in assigning areas on certain days where vendors c ould vend supported by the City via marketi ng and provision of restrooms ; suggested exploring scholarships for farmers markets as a way to bring street vendors to farmers markets; agreed with having clear definition on what sidewalk vending is; wondered if the ordinance would apply to individual’s private driveways if they were selling goods from thei r own property; wondered how to avoid street-kitchens on the sidewalk but enabling vending in a way that is safe; suggested that staff consider community survey responses related to vending in parks; wondered if ARPA funds or Economic Development funds could help cover the cost of one time vendors’ permit or if vendors could receive technical assistance to help get through the permitting process; agreed with restricting sidewalk vendors w ithin a park i f the City has signed a n agreement for concessions; agreed with the proposed side walk vending times (9am-7pm), and asked if there could be a stipulation for some vendors to be open later in the downtown to support patrons; wanted to ensure that street vendors are not leaving litter and causing blight across the city and requested that staff further explore proper disposal of customer trash; was interested in learning how people would voice locational or operational violations; did not support prohibiting erecting freestanding appurtenances adjacent to the vendors’ person, cart, wagon; appreciated the approach on education before fines and progressive enforcement ac tion and requested that language about ceasing operations be clearly articulated; agreed with prohibiting the sale of merchandise such as marijuana or adult-oriented products; and did not support limiting sidewalk vendors in residential zones to roaming only.

Council Member Roche confirmed from staff that the ordinance was not addressing sanitation and food handling because the enforcement mechanism resided with the ACDEH; added that SB 946 prohibited the City from s tating that sidewalk vendors could not set up in from of businesses; spoke about the enactment of SB 946 and how the City was attempting to restore balance without villainizing street vending; appreciated the educational comp onent in the

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

SUCCESSOR AGENCY/HAYWARD HOUSING AUTHORITY MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89000792464?pwd=Q1Z4OUtQK0tKa3BsSGpBZmN5V3VMZz09 Tuesday, June 6, 2023, 7:00 p.m.
ordinance; expressed that the expansion of vendors result ed from permission by lack of enforcement and c ould be attributable to lack of staff at county and state levels for enforcement; supported businesses that are in compliance by ge tting permits and paying taxes; agreed that trash receptacles for street ve ndors were necessary and asked that th e proposed guideline be added to the ordina nce as well as the guideline requiring sidewalk vendors to clean up any gre ase or fluid related to their vending activities; wanted to ensure the program implementation contained an education component; requested that staff ensure that residents could use Access Hayward to request enforcement of a food vendor that is not operating properly and add a link to ACDEH for health code related violations; and stated she supported staff’s recommended policy language.

Council Member Andrews emphasized it was important to have education and a pathway to supporting small businesses get started ; supported the r ecommendation to include an education component prior to enforcement; suggested partnering with HARD as there were underutilized facilities that could support vendors and recommended conducting outreach to identified communities before establishing locations; noted that vendors should be reminded of the farmers market and the Chabot College Flea Market as additional opportunity sites and Hayward Chamber of Commerce , Small Business Development, and Alliance as resources; noted one of th e main concerns with street vending was the public safety issue at medians, e.g., Jackson Street and Hesperian Boulevard; added th at so me vendors operating directly under trees posed potential fire hazard and hoped the Fire Department could help educate; echoed the request to use Access Hayward to request enforcement; asked staff to look into a checklist, similar to the one from San Leandro, which includes information on what mobility facilities should have, the definition of a mobile food vendor and special requirements such as a v endor c ould no t be on the sex offender registry , distance from a restaurant ; and was assured that implementation would include mater ials available in different lang uages and language assistance for workshops planned with ACDEH and community-based organizations.

Mayor Salinas appreciated the patience of business o wners who advocated on behalf of restaurants; echoed the comment of Council’s desire to strike a balance for street vendors and brick-and-mortar businesses; noted the City was attempting to cu rate a process despite limitations by the State ; stressed the importance of r equiring liability insurance noting this was not too restrictive ; favored uniform signage requirements with signs including contact information; supported requiring trash receptacles and suggested designating greenways for street vending; stated the goal was also to protect nei ghborhood aesthetics and to prevent unwieldy street vendors; noted that survey results showed support for street vending and interviews of street ve ndors reve aled they want to comply with the ordinance and get permitted; requested that staff explore pushing the distance requirement from restaurants to street vendors as it was unequitable that street vendors could set up in front of a brick-and- mortar restaurant and sell the same food items.

The City Council took a recess at 9:35 p.m., and Mayor Salinas reconvened the meeting at 9:42 p.m. 16 | J u n e 6 , 2 02 3

PUBLIC HEARING

20. FY 2024 Budget/CIP Public Hearing and Adoption: Hold Public Hearing and Adopt Resolution for Adoptio n of the Proposed FY 2024 Operating Bu dgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authority; FY 2024 Capital Improvement Program Budget; Adoption of the FY 2024 Operatin g Budgets and Appropriations for FY 2024; Adoption of the FY 2024 Capital Improvement Program Budget and Appropriations for FY 2024; Adoption of the Hayward Redevelopment Successor Agency Budget; and Adoption of the Hayward Housing Authority Budget PH 23-022

Staff report submitted by Finance Director Gonzales dated June 6, 2023, was filed.

Finance Director Gonzales provided a synopsis of the staff report.

In response to Council /HRSA/HHA Member Andrews’ inquiry about the $100,000 request from Delta Sigma Theta Sorority for the Juneteenth event, City Manager McAdoo noted staff will meet with the group to discuss the request further and will provide information to Council.

Members of the Council/HRSA/HHA commended Finance Director Gonzales and her team on the budget process, the strategic roadmap process, overall transparency and for helping Council be good fiscal agents for Hayward.

Council Member Bonilla Jr. mentioned that while he did not like the use of reserves especially for operating costs, he was c omfortable knowing that revenue projections are modest and there will be a mid-year budget review.

There being no public comment, Mayor/HRSA/HHA Chair Salinas opened and closed the public hearing at 10:02 p.m.

Council/HRSA/HHA Member Bonilla Jr. asked staff to respond to the letter submitted b y the Hayward Community Coalition (HayCoCoa) which requested to a ddress in vesting in prevention and unarmed responses, continue funding the Hayward People ’s Budget, and increase staffing for strategic roadmap projects.

Council/HRSA/HHA Member Syrop echoed Council/HRSA/HHA Member Bonilla’s request and encouraged staff to continue conversations with HayCoCoa.

It was moved by C ouncil/HRSA/HHA Member Syrop, seconded by Council /HRSA/HHA Member Goldstein, and carried by the following roll call vote, to adopt the resolutions.

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-147, “Resolution Approving the Operating Budget of The City of Hayward for Fiscal Year 2024; Adopting
Appropriations for Fiscal Year 2024, Except for General Fund Community Agency Funding”

RSA Resolution 23-01, “Resolution of the City Council of the City of Hayward, Acting as th e Governing Board of the Successor Agency for the Redevelopment Agency of the City of Hayward, Approving the Budget of the Red evelopment Successor A gency of the City of Hayward and Adopting Appropriations for Fiscal Year 2024”

HHA Resolution 23-01, “Resolution Confirming the Proposed Hayward Housing Authority Budget for Fiscal Year 2023”
Resolution Approving Capital Improvement Projects for Fiscal Year 2024

Resolution 23-148, “Resolution Approving Capital Improvement Projects for Fiscal Year 2024”

Resolution 23 -149, “Resolution Approving and Appropriating the Community Agency Funding Reco mmendations for Fiscal Year 2024”

21. Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2024 PH 23-027

Staff report submitted by Finance Director Gonzales dated June 6, 2023, was filed.

Mayor Salinas announced the item, indicated he was forgoing staf f’s pres entation, and provided members of the City Council with an opportunity to ask questions of staff.

There being no public comment, Mayor Salinas opened and closed the public hearing at 10:02 p.m.

18 | J u n e 6 , 2 02 3
In respo nse to Council Me mber Andrews, Finance Director Gon zales indicated t he Gann Appropriation Limit is a requirement for Council to establish each fiscal year and sets a limit on tax proceeds that can be appropriated, and indicated the limit was $402 million.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-150, “Adoption of Appropriations Limit for Fiscal Year 2024 Pursuant to Article XIII B of the Constitution of the State of California”

LEGISLATIVE BUSINESS

22. Reach Code Amendments: Introduction of Revi sed Electrification Reach Code Ordinance with Mi nor Modificati ons Required by California Building Standards Commission LB 23-022

Staff report submitted by Public Works Director Ameri dated June 6, 2023, was filed.

Mayor Salinas announced the item, indi cated he was forgoing staff ’s presentati on, and provided members of the City Council with an opportunity to ask questions of staff.

In response to Council Member Syrop ’s inquiry, Environmental Services Manager Pearson indicated the Reach Code ordinance was a term used for a l ocal ordinance that amends the State’s Building C ode; and noted Council’s action on the item would amend the current Reach Code ordinance by incorporating section numbers of C ALGreen (California Green Building St andards Code) to satisfy requirements of the California Building Standar ds Commission.

Council Member Syrop expressed appreciation for the Council Sustainabili ty Committee in advancing sustainability goals.

There being no public comment, Mayor Salinas opened and closed the public hearing at 10:02 p.m.

It wa s moved by Council Member Zermeño, seconded by Cou ncil Member Goldstein, and carried by the following roll call vote, to adopt the resolution and approve the introduction of an ordinance.

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-151, “Resolution Finding and Determining the Need for Adoption of Modifications to the 2022 California Building Standards Code”

Intro Ordinance 23-_“An Ordinance Establishing Reach Codes for the City of Hay ward; Adop ting Chapter 9, Article 8 of the Hayward Municipal Code to Amend Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations); and Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2) of the Hayward Municipal Code”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews shared information for two Juneteenth events: the Hayward June Teenth Street Party on June 15, 2023, in the downtown and the Hayward Russell Ci ty Juneteenth Celebration on June 17, 2023, in the plaza behind City Hall.

Council Member Syrop thanked City Manager McAdoo for her work on the budget process and stated that the budget was reflective of community needs.

Mayor Salinas reported on his attendance at the U.S. Mayor’s Conference in Columbus, Ohio where approximately 1,000 mayors from across the count ry were present; highlighted the different work sessions he attended including response to influx of migrants to cities, children health and human services, advocating climate and equity plans, community development and housing, job s, education and the work force, transforming vacant commercial buildings to residential; noted the top agenda item was mental health; and added that one of the biggest issues discussed was federal and state legislation that geared towards taking rights away from what cities can do locally to solve problems.

COUNCIL REFERRALS

There were none.

20 | J u n e 6 , 2 02 3

ADJOURNMENT

Mayor Salinas adjourned the special City Council/HRSA/HHA meeting at 10:27 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward
Chair, Hayward Redevelopment Successor Agency
Chair, Hayward Housing Authority

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
Secretary, Hayward Redevelopment Successor Agency
Secretary, Hayward Housing Authority

Hayward City CouncilJune 20, 2023

Hayward City Council
June 20, 2023