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Minutes 9/3/24

Hayward City Council
September 3, 2024

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Minutes 9/3/24
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September 3, 2024
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Hayward City Council
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SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5IM2R1dHNFbVJoVXJBckdmQT02 CALIFORNA Tuesday, September 3, 2024, 5:30 p.m.

The Special City Council meeting was called to order by Mayor Salinas at 5:30 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Bonilla Jr.

ROLL CALL

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: NONE

PUBLIC COMMENTS
There were none.

PUBLIC HEARING

1. Public Hearing No. 4 to Consider Draft City Council District Maps Prepared by the Demographers Based on Input from the Community for Establishing District-Based Elections Beginning in 2026 and Provide Direction to Demographers Regarding the Draft Maps; Discussion of Election Sequencing for District-Based Elections Beginning in 2026 PH 24-038
Staff report submitted by City Attorney Lawson, dated
September 3, 2024, was filed.

Interim City Manager Claussen announced the item and introduced Demographer Karin Mac Donald who provided an overview of the five basic, ranked criteria used for drawing the six districts. Steven Ochoa with 02 & Research LLC provided an overview of the three draft plan maps: Draft Plan 1, Draft Plan 2, and Draft Plan 3, all which included six districts labeled District A through District F.

Mayor Salinas opened the public hearing at 6:03 p.m.

Chuck Purvis expressed support for Draft Plan 2 for its effectiveness in keeping the Mt. Eden and Glen Eden neighborhoods intact and not splitting downtown Hayward into two along Mission Boulevard, which is a major flaw in Draft Plan 1; noted that Districts B, C, and D are renter-majority households; and noted that Draft Plan 3 creates three districts that are plurality of Asian voting age population and creates two districts that are plurality of Latin voters; various versions of District F has plurality of white non-Hispanic voters; and District E makes good sense in all three alternatives; recommended Draft Plan 2, Draft Plan 3 and Draft Plan 1 if ranked-choice voting was used; and recommended border adjustments to Draft Plan 2 with Districts B and D.

Dave Robinson expressed support for Draft Map 1, citing its more compact districts and the use of natural boundaries such as creeks; suggested that train tracks be used more as boundaries and proposed modifying the Jackson Triangle area; addressed concerns about candidate pipelines in new districts by adopting maps on schedule and allowing two years to cultivate candidates, forming district council forums to create interest, and adopting single-winner ranked-choice voting within districts, which would require a change of the settlement agreement.

Carlos Archuleta expressed concern for the lack of public awareness and involvement in the redistricting process; and stressed that local leaders should be promoting the issue on social media.

Mayor Salinas closed the public hearing at 6:17 p.m.

Council Member Syrop acknowledged the public comments received; emphasized that extensive outreach had been done to engage the community; expressed his preference for Draft Map 1, which he felt most accurately reflected the feedback from residents, particularly in keeping the Southgate and Jackson Triangle communities intact; noted the benefit of having two council members represent the downtown area; noted District A does not divide Hesperian Boulevard by the Interstate 92; and proposed adjustments to Draft Map 1, such as shifting neighborhoods between districts to balance populations.

Council Member Roche highlighted the extensive public outreach done during the redistricting process, including public hearings, workshops, street parties, social media posts, and newsletters, to engage the community; expressed a preference for Draft Map 1, appreciating how it kept Southgate intact and suggested tweaks to District E related to Fairway Park to align with the recommendation offered by Council Member Syrop; and mentioned the challenges of population balancing between districts.

Council Member Zermeño thanked the public for their input; highlighted the outreach conducted related to the districting process noting residents are more concerned with issues such as public safety and traffic rather than redistricting; and expressed support for Draft Map 1 without any changes, noting it keeps the western section of Hayward intact.

Council Member Bonilla Jr. expressed general support for Draft Map 1 but called for better population balance between Districts D and E; highlighted how Draft Map 1 keeps Southgate and Jackson Triangle together and maintains an Asian Pacific Islander (API) majority district; suggested adjusting District D's underpopulation by possibly shifting some of District F's population in Draft Map 2; noted both Draft Map 1 and 2 protect Latino voting demographics; did not support how Draft Map 3 separates District A and B and splits west Hayward and does not keep Southgate intact; and supported Draft Map 1 with Council Member Syrop's recommended modifications.
2|September 03, 2024

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5IM2R1dHNFbVJoVX|BckdmQT09 CALIFORNIA Tuesday, September 3, 2024, 5:30 p.m.

Council Member Andrews highlighted upcoming dates for the redistricting process, including the deadline for submitting community interest maps (September 10), the posting of final maps (September 17), the final hearing and ordinance introduction (October 1), and ordinance adoption (October 8); encouraged the public to sign up for City agendas online; acknowledged the work of staff, including providing interpreters; expressed support for Draft Map 1, emphasizing the importance of keeping the Southgate community and Jackson Triangle together, and agreeing with some of the modifications suggested by her colleagues; and also highlighted the need to adjust the boundary between Districts B and D for clarity.

Council Member Goldstein expressed appreciation for the mapping efforts; commented on the lack of public interest, despite the process being open and transparent; supported Draft Map 1 with Council Member Syrop's modifications but raised concerns about the Mission/Garin area, noting that it shares more issues, such as fire preparedness and crime patterns, with the Hayward Highlands; and suggested potentially redrawing the boundaries to include this area with Hayward Highlands. After reviewing the possible adjustment with Steven Ochoa, it was found that the change would overpopulate District F, making the proposal unteasible.

Council Member Roche inquired about a squiggly line on the west side of District D that Council Member Andrews brought up and asked for clarification on why those boundaries were drawn that way to which Steven Ochoa explained that the line was based on population needs and attempts to follow major roads where possible, with also input from Southgate community members; and expressed interest in hearing from the community on the boundary.

Council Member Andrews added that the boundary might be influenced by a large parcel containing a church and school, which could allow the line to be adjusted along Gading Road.

Mayor Salinas reopened the public hearing at 6:53 p.m.

Pauline Wong expressed concern about the forced nature of the redistricting process in Hayward; mentioned it was the first time she had heard about the lawsuit and found the redistricting process to be expensive; and asked for guidance on where she could find more information regarding the lawsuit behind the process.

Archuleta Family expressed concern over the low public attendance and involvement regarding the redistricting process compared with the Hayward Unified School District's districting process; and noted that public interest is strong when barriers to access, such as difficult Zoom links and inadequate promotion, are removed.

Mayor Salinas closed the public hearing at 6:58 p.m.

Mayor Salinas directed Pauline Wong to the maphayward.org website and provided more information about the lawsuit and redistricting process; stressed the importance of keeping the identifies of neighborhoods intact, understanding that might not be accomplished through this process; acknowledged the adjustments in Draft Map 1 suggested by Council Member Syrop; discouraged consideration of ranked choice voting due to its complexity; expressed concern that Draft Map 3 splits the west side; was in agreement with the modified Draft Map 1; and thanked the consultants for creating maps that included community input.

Council Member Roche confirmed support for Draft Map 1, with the modifications.

Member Syrop suggested advancing Draft Map 1 as the finalist map for further public input.

There was clarification that the Council could make Draft Map 1 with adjustments the finalist mastile send or it disas ans adressed as hinterest aul stube considered the September 10, 2024, before posting the final maps on September 17, 2024.

It was moved by Council Member Syrop, seconded by Council Member Roche, and carried by the following roll call vote to advance Draft Map 1 with the modification to the finalist maps.

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

ADJOURNMENT
Mayor Salinas adjourned the special City Council meeting at 7:20 p.m.

APPROVED
ML,
Mark Salinas
Mayor, City of Hayward
ATTEST:
7 SWain leus
Miriam Lens
City Clerk, City of Hayward
4 September 03,2024

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5|M2R1dHNFbVJoVXJBckdmQT09 CALIFORNIA Tuesday, September 17, 2024, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:05 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Goldstein

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: None

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on August 27, 2024, at 4:30 p.m., with all members present, and no public speakers, regarding conference with labor negotiators pursuant to Government Code section 54957.6 concerning labor groups. City Attorney Lawson announced the Council met regarding the item and took no reportable action. The closed session adjourned at 5:00 p.m.

The City Council convened in closed session on September 10, 2024, at 5:30 p.m., with all members present, and no public speakers, regarding three items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) concerning Dorothy Jean Johnson v. City of Hayward, Alameda County Superior Court No. 23CV034454; 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(2) regarding three anticipated cases; and 3) conference with legal counsel pursuant to Government Code section 54956.9(d)(4) regarding two anticipated cases. City Attorney Lawson announced the Council met regarding the three items and took no reportable action. City Attorney Lawson indicated there were two items as to which Council Member Andrews had to recuse herself. The closed session adjourned at 7:33 p.m.

The City Council convened in closed session on September 17, 2024, at 5:30 p.m., with all members present, and no public speakers, regarding public employment pursuant tr Government Code section 54957, to consider the appointment or employment of a public employee, to wit, the City Manager. Mayor Salinas announced the Council met regarding the item and took no reportable action. The closed session adjourned at 7:05 p.m.

PRESENTATIONS
Mayor Salinas read a proclamation declaring the month of September 2024 as Childhood Cancer Awareness Month in the City of Hayward. Raghav Ram thanked the City Council and accepted the proclamation on behalf of the Neev & Ronil Foundation.

Mayor Salinas read a proclamation declaring the month of September 2024 as Hispanic/Latinx Heritage Month in the City of Hayward. The proclamation was accepted by Mariana Triviso, La Alianza de Hayward co-chair; Angélica Alamillo-Perez, Director of Multilingual Learner Programs at Hayward Unified School District (HUSD); Hector Garcia, Director of Curriculum and Instruction at HUSD; and Library Director Addleman.

PUBLIC COMMENTS
Peggy Guernsey expressed concern to the Council over the neglected condition of C Street, between Mission and Foothill boulevards; unsafe downtown streets; lack of action to save St.

Rose Hospital financially; and potential closure of the Amtrak station.

CITY MANAGER'S COMMENTS
Interim City Manager Claussen reported on the successful September 15, 2024, Hayward Airport Open House attended by about 4,500 people, and thanked various City departments for their support.

ACTION ITEMS

CITY COMMISSIONS AND KEEP HAYWARD CLEAN AND GREEN TASK FORCE

1. City Commissions and Keep Hayward Clean and Green Task Force: Adopt a Resolution Contirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Personnel Commission and Planning Commission (Report from City Clerk Lens) APPT 24-002 Staff report submitted by City Clerk Lens, dated September 17, 2024, was filed.

City Clerk Lens provided a synopsis of the staff report.

There being no public comment, Mayor Salinas opened and closed the public comment at 7:34 p.m.

Members of the City Council expressed gratitude to all applicants for expressing interest in serving the community and to the City Clerk and her team for the extensive recruitment process; recognized members of the Keep Hayward Clean and Green Task Force for their impactful work, especially Member Blytha Bowers for her long-standing dedication; and congratulated the new appointees, praising them for their commitment and encouraged them to engage with residents and relay feedback to the Council.

It was moved by Council Member Roche, seconded by Council Member Andrews, and carried unanimously, to adopt the resolution.
2|Seplember 17,2024

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
* https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5IM2R1dHNFbVJoVX/BckdmQT09 CALIFORNA Tuesday, September 17, 2024, 7:00 p.m.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-172 "Resolution Confirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Personnel Commission and Planning Commission"
City Clerk Lens administered the oath of affirmation to continuing and newly appointed members.

CONSENT

2. Approve the Minutes of the Special City Council Meeting on August 13, 2024 MIN 24- 095
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to approve the special City Council meeting minutes of August 13, 2024.

3. Approve the Minutes of the Special City Council Meeting on August 20, 2024 MIN 24- 096
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to approve the special City Council meeting minutes of August 20, 2024.

4. Approve the Minutes of the Special City Council Meeting on August 27, 2024 MIN 24- It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to approve the special City Council meeting minutes of August 27, 2024.

5. Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code CONS 24-333
Staff report submitted by City Clerk Lens, dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-173, "Resolution Accepting Additions to the City of Hayward Conflict of Interest Code"

6. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Agreements with Five Consulting Firms, for an Amount Not to Exceed the Total Fiscal Year 2025 Budget Appropriation of $650,000, to Provide Plan Check, Building Inspection and Permit Technician Services CONS 24-381
Staff report submitted by Development Service Director Buizer dated September 17, 2024, was filed
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-174, "Resolution Authorizing the City Manager to Negotiate and Execute Agreements with Five Consulting Firms, For an Amount Not to Exceed the Total FY2025 Budget Appropriation Of $650,000, to Provide Plan Check, Inspection and Permit Technician Service"

7. Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Service Employees International Union ("SEIU") Local 1021, Clerical and Related Unit, and Authorizing Staff to Execute the Agreement Code CONS 24-417 Staff report submitted by Human Resources Director Frye, dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.
4|September 17,2024

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.2oom.us/j/83639328548?pwd=ZUdDZE5|M2R1dHNFbVJoVXJBckdmQT09 CALIFORNA Tuesday, September 17, 2024, 7:00 p.m.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution . 24-175, "Resolution Approving the Successor Memorandum of Understanding Between the City of Hayward and the Service Employees International Union, Local 1021 Clerical and Related Unit and Authorizing the City Manager to Execute the Agreement"

8. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $265,000, in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department CONS 24-421
Staff report submitted by Chief Matthews dated
September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-176, "Resolution Authorizing the City Manager to Accept and Appropriate $265,000 in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department"

9. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall Third Floor Restroom Remodel in an Amount Not-to-Exceed $225,960 CONS 24-428
Staff report submitted by Maintenance Services Director Rullman, dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-177, "Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall Third Floor Restroom Renovations in an Amount not to Exceed $225,960 and Making Associated
Finding Authorizing Procurement of the Work Through a
Cooperatively Purchased Contract"

10. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 Increasing the Contract Amount for Staples Construction Company, Inc. for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 by $19,000, for a Total Not- to-Exceed Contract Amount of $1,023,000 CONS 24-431
Staff report submitted by Maintenance Services Director Rullman, dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-178, "Resolution Authorizing the City Manager to Negotiate and Execute Amendment No.1 to the Contract with Staples Construction Company, Inc. for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 By $19,000, for a Total Amount Not-To-Exceed $1,023,000"

11. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company, Inc. for the Hayward Animal Shelter Flooring and Wall Upgrade Project RP030 in an Amount Not to Exceed $257,331 CONS 24-435 Staff report submitted by Director Rullman dated September 17, 2024, was filed.
6| September 17,2024

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom

CALIFORNA
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-179, "Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company, Inc. for the Hayward Animal Shelter Flooring and Wall Project Rp030 in an Amount Not-To-Exceed $257,331 and Making Associated Findings Authorizing Procurement of the Work Through a Cooperatively Purchased Contract"

12. Adopt a Resolution Authorizing the City Manager to Amend the Contract with EBA Engineering by $57,630.69, for the Removal of Underground Fuel Storage Tanks for a Not-to-Exceed Amount of $162,343, for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287 CONS 24-436
Staff report submitted by Public Works Director Ameri
dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 180, "Resolution Authorizing the City Manager to Execute an Amendment to the Contract with EBA Engineering for Underground Storage Tank Removal Services for the Mission Boulevard Corridor Improvements Phase 3 Project"

13. Adopt a Resolution Approving Plans and Specifications and Call for Bids for the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312 CONS 24-441 Staff report submitted by Public Works Director Ameri
dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 181, "Resolution Approving Plans and Specifications for the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312 and Call for Bids"

14. Adopt a Resolution Rejecting All Bids, Approving Revised Plans and Specifications, and Calling for Bids for the Jackson Street Gateway Monument Sign Project CONS 24-443 Staff report submitted by Maintenance Services Director Rullman, dated September 17, 2024, was filed.

In response to Council Member Syrop's inquiry about the process for adding a name to the monument, Interim City Manager Clausen indicated staff would need to evaluate.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 182, "Resolution Rejecting All Bids, Approving Revised Plans and Specifications, and Calling for Bids for the Jackson Street Gateway Monument Sign Project"

15. Adopt Resolution Authorizing the City Manager to Execute Change Order No. 42 with S.J.

Amoroso for the Global Settlement in an Amount Not to Exceed $2,425,000 to Address Contractor's and its Subcontractors' Any and All Outstanding Change Orders and Any and All Outstanding and Future Claims and Authorizing the City Manager to Transfer and Appropriate Additional Funds in an Amount of $3,231,824 for the Final Proiect Cost for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482 CONS 24-459
8|Seplember 17,2024

CLOF HAYM CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
* https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5IM2R1dHNFbVjoVX]BckdmQT09 CALIFORNIA Tuesday, September 17, 2024, 7:00 p.m.

Staff report submitted by Public Works Director Ameri
dated, September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-183, "Resolution to Authorize the City Manager to Execute Change Order No. 42 With S.J. Amoroso for the Global Settlement in an Amount Not-To-Exceed $2,425,000 to Address Contractor's and its Subcontractors' any and all Outstanding Change Orders and any and all Outstanding and Future Claims And To Transfer and Appropriate Additional Funds, in an Amount Of $3,231,824 for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482"

16. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn & Associates, Inc., for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements, Project No. 06944, in an Amount Not to Exceed $549,772.26 and Appropriate an Additional $92,489.34, from Fund 460 to the Project CONS 24-473
Staff report submitted by Public Works Director Ameri
dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-184, "Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn & Associates, Inc., for Consulting Services for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety
Improvements, Project No. 06944 in an Amount Not-To-Exceed $549,772.26"
Resolution 24-185, "Resolution Authorizing the Appropriation of 592,489.34 from Fund 460 Transportation System Improvement o the Preliminary Engineering Phase of the Tennyson Road rossing Satety Improvements Projects, Project No. 06944, for :

Total Project Balance Of $598,731.80'

17. Adopt a Resolution Authorizing the Interim City Manager to Execute an Economic Development Loan Agreement with the Hayward Economic Development Corporation Setting the Terms for Repayment of the City's $8,600,000 Loan and Finding the Action is Exempt from CE QA Review CONS 24-476
Staff report submitted by Interim City Manager Claussen, dated September 17, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein,
Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-186, "Resolution of the City Council of the City of Hayward Authorizing the Interim City Manager to Execute an Economic Development Loan Agreement with the Hayward
Economic Development Corporation Setting the Terms for
Repayment of the City's $8.6 Million Loan and Finding the Action is Exempt from CEQA Review"

WORK SESSION

18. Tree Preservation Ordinance Update: Work Session on the Proposed Policy Recommendations for the Updated Tree Preservation Ordinance (Report from Development Services Director Buizer) WS 24-025
Staff report submitted by Development Services Director Buizer, dated September 17, 2024, was filed.
10| September 17,2024

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
ATA https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5IM2R1dHNFbVJoVXJBckdmQT09 CALIFORNA Tuesday, September 17, 2024, 7:00 p.m.

Development Services Director Buizer introduced Planning Manager Lochirco and Landscape Architect Jensen who provided a synopsis of the staff report.

Mayor Salinas opened the public comment section at 8:08 p.m.

Peggy Guernsey apologized for her earlier tone; and raised concerns about tree ordinances, questioning how residents and developers are informed about rules regarding the removal of heritage trees, City enforcement, and the City's failure to replant trees it has removed.

Mayor Salinas closed the public comment at 8:11 p.m.

Council Member Zermeño expressed support for tree-related initiatives, emphasizing the need for better public awareness of heritage trees and advocating for increasing the tree canopy in Hayward; and stressed the importance of counting and preserving the City's trees, suggesting a goal of planting 2,000 trees annually. Planning Manager Lochirco shared the plans for a tree canopy survey and a community outreach program to educate homeowners about tree regulations.

In response to Council Member Andrews' inquiry about the process for relocating trees and whether it was part of the tree preservation ordinance, Landscape Architect Jensen explained that while the ordinance does not explicitly address tree relocation, it is allowed if developers or homeowners choose to do so. Landscape Architect Spores added that a preservation bond would be required when relocating a tree to cover its value in case it does not survive.

Council Member Andrews suggested involving community groups, such as the Keep Hayward Clean and Green Task Force, in policy discussions; supported the in-lieu fee option to cover the cost of tree replacement and recommended a tracking mechanism to inform where trees could be planted; highlighted the importance of educating residents on the benefits of trees and how to mitigate issues with trees; and suggested that staff explore geography tied to specific land uses.

Council Member Roche asked if the tree preservation ordinance included street trees and whether permits were required for their removal to which Planning Manager Lochirco clarified that the ordinance primarily focused on private property trees, but mentioned plans to include exclusions for trees that pose safety risks, such as those near airports or in wildfire-prone areas.

Council Member Roche expressed support for the expansion of protecting native and heritage trees; supported a higher level discretionary review for heritage tree removal decisions, preferably by the Planning Commission; supported mitigation requirements for the loss of trees and to address urban warming concerns; expressed approval of a sliding scale for permit fees based on the number of trees removed and supported in-lieu fees linked to the cost of the trees being removed; advocated for a more aggressive tree replacement strategy to accelerate canopy growth and counter the loss of mature trees; and highlighted the need for resident education and assistance from the City.

Council Member Syrop supported the proposed policy changes in the tree preservation ordinance; endorsed a more stringent replacement policy, echoing Council Member Roche's stance; stressed the importance of collaborating with groups such as 100K Trees for Humanity to accelerate planting efforts, potentially leveraging community volunteers; recommended the Planning Commission for the higher level discretionary review for heritage tree removal with the option to appeal to the Council; proposed partnering with the City's communication division to increase awareness about heritage trees among residents, particularly those not in homeowner associations (HOAs); suggested using a community-driven input method to identify historical trees; and recommended allocating a guaranteed percentage (30-50%) of in- lieu fees to plant trees in areas with low canopy coverage and targeting specific economic corridors, such as downtown, to ensure strategic replanting and economic benefit for the City.

In response to Council Member Bonilla Jr.'s inquiry about how the ordinance updates compare with those of surrounding jurisdictions, Landscape Architect Jensen explained that Hayward is unique in recuperating appraisal values for trees but noted the City lags in canopy replacement compared to others.

In response to Council Member Bonilla Jr.'s inquiry about how the City would hold itself accountable for tree removal on public property, Planning Manager Lochirco explained that the proposed tree bank would allow flexibility for the City to decide where to plant trees, if the developer does not have a pre-selected location.

Council Member Bonilla Jr. expressed support for expanding protections to native and heritage trees; agreed that the higher level of discretionary review of heritage trees be provided by the Planning Commission with guidelines to avoid ambiguity in decision making; agreed with using a sliding scale for tree removal permit fees; suggested staff explore potential grants to assist residents in maintaining trees; supported reducing permit durations; and highlighted the need for extensive community outreach
Council Member Goldstein expressed general support for the proposed tree ordinance updates but raised concerns about resident education and enforcement to address compliance by homeowners and HOAs; and highlighted the potential conflict between tree preservation and the construction of accessory dwelling units (ADUs), pointing out the competing interests of environmentalism and housing needs.

Mayor Salinas received clarification that the current ordinance requires "like size and like species" but does not specify a strict one-to-one replacement and the goal of the policy change was to ensure tree removal is properly mitigated and that native trees would be protected; and emphasized the importance of this work, highlighting the City's 2020 Canopy Cover showed a stark contrast between affluent neighborhoods with more tree canopy and lower-income areas with significantly less.
12| September 17,2024

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.2o0m.us/j/83639328548?pwd=ZUdDZE5IM2R1dHNFbV/oVXJBckdmQT02 CALIFORNA Tuesday, September 17, 2024, 7:00 p.m.

PUBLIC HEARING

19. Public Hearing for the Adoption of the City of Hayward User Fee Study PH 24-039 Staff report submitted by Finance Director Gonzales,
dated September 17, 2024, was filed.

Finance Director Gonzales introduced the item and provided a synopsis of the staff report.

In response to Council Member Syrop's inquiry of why the multi-family inspection fee is lower than the single-family inspection fee, Finance Director Gonzales explained the fees are based on the time it takes to issue permits and conduct inspections, and added that the fee is a per unit fee.

There being no public comment, Mayor Salinas opened and closed the public hearing at 9:04 p.m.

Council Member Syrop expressed he agreed to increase the fees and make sure they are up to date with the actual cost to deliver services to the residents; noted it has the potential to generate up to $1.5 million in revenue; and agreed to reevaluate the fees every five years to keep the City in a healthy financial state.

Council Member Bonilla Jr. seconded the motion noting the action included an increase to twelve fees with an average change of about one percent, which represented a modest increase in fees for maintaining high quality services for the community.

Mayor Salinas added that certain fees had not been collected for many years and the City was just taking action to start collecting them.

It was moved by Council Member Syrop, seconded by Council Member Bonilla Ir. and carried unanimously to adopt the City of Hayward User Fee Study.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-187, "Resolution Approving the Comprehensive User Fee Study as Prepared by Willdan Financial Services and Adopting the User Fees as Proposed by the Study for all Departments"

LEGISLATIVE BUSINESS

20. Fiscal Year 2025 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2025 (Report from Human Resources Director Frye) LB 24-019
Staff report submitted by Human Resources Director Frye, dated September 17, 2024, was filed.

Human Resources Director Frye introduced the item and provided a synopsis of the staff report.

There being no public comment, Mayor Salinas opened and closed the public hearing at 9:13 p.m.

Council Member Syrop provided feedback from the Personnel Commission, highlighting discussions about applicant/employee demographics, retention rates, and reasons for choosing to stay or leave City employment; emphasized concerns about burnout and stressed that the proposed salary increases reflect the City's commitment to paying employees fairly, reducing burnout, and retaining talent; and acknowledged the Commission's awareness of long-term budget implications.

It was moved by Council Member Syrop, seconded by Council Member Zermeño, and carried unanimously to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-188, "Resolution Approving the Amended Fiscal Year 2025 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding Resolution No. 24-139 and All Amendments Thereto"

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Goldstein announced the Community Services Commission meeting on Septen er ere the American Motor is Asiate wal Core the id a rae 14| September 17,2024

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5IM2R1dHNFbVjoVX|BckdmQT09 CALIFORNA Tuesday, September 17, 2024, 7:00 p.m.

Council Member Syrop shared that the first dead bird in Hayward tested positive for West Nile virus, prompting the Alameda County Mosquito Abatement District to set up traps and monitor the situation; and announced the South Hayward market on September 29, 2024, at the South Hayward BART station.

Council Member Andrews acknowledged the Hayward downtown library staff for their 5th year birthday celebration and praised the library card design contest, highlighting the involvement of both the public and employees in the creative effort.

Mayor Salinas announced it was National Voter Registration Day, urging viewers to register to vote, update their registration if necessary, and emphasizing the importance of voting.

City Clerk Lens added that the last day to register to vote is October 21, 2024, and mentioned that a list of voting centers in Hayward would be available on the website by the end of the week.

ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 9:21 p.m.

APPROVED
MLLY
Mark Salinas
Mayor, City of Hayward
ATTEST:

Quair cus > '
Miriam Lens
City Clerk, City of Hayward

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