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Minutes 5/6/25

Hayward City Council
May 6, 2025

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Minutes 5/6/25
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May 6, 2025
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Hayward City Council
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Text extracted from the city's file for reading and search. Open the original on hayward.legistar.com. That file is the official record.

SO OF HA H CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82235850821?pwd=0SuYZgBGGR9RhU4UrCVcVamyJ8xSb7.1 CALIFORN Tuesday, May 6, 2025, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:10 p.m. in the Council Chambers.

Pledge of Allegiance: Council Member Roche

ROLL CALL

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 May 6, 2025, at 5:30 p.m., with all members present and no public speakers, regarding three items: 1) public employment pursuant to Government Code section 54957(b)(1) regarding City Clerk; 2) public employment pursuant to Government Code section 54957(b)(1) regarding City Attorney; and 3) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Ghali et al v. City of Hayward, US District Court - Northern District of California Case 3:25-cv-01116. City Attorney Lawson noted the City Council discussed Item 3, but there was no reportable action. Mayor Salinas noted there was no reportable action related to Items 1 and 2.

PRESENTATION
Mayor Salinas read a proclamation declaring April 2, 2025, as Autism Awareness Day in the City of Hayward. The following individuals accepted the proclamation on behalf of their organizations. Jessica Pincilloti and Franco Pincilloti Co-Founders with Autism Yesterday and Today; Lani Llamido and Princess Eribo with Hayward Unified School District (HUSD) Special Education Advocacy Group; Principal Lisa Tess and Teacher Leticia Fraizer-Bond with Winton Middle School's Special Day Class; Ria Lancaster, Founder and President of Fearless Path (tormerly winkies Crafts); and parent/community advocates Cila Garcia, Sana Navidad, and Joshua Reidnauer.

Mayor Salinas read a proclamation declaring the week of May 4 to May 10, 2025, as Public Service Recognition Week in the City of Hayward. Assistant City Manager Youngblood, Deputy Police Chief William Deplitch, Captain Daniel Olsen and Svetlin Radev accepted proclamations on behalf the City of Hayward, Hayward Police Management Union (HPMU), and SEIU 1021 Maintenance.

PUBLIC COMMENTS
The following City employees expressed: disappointment at the return-to-office policy implementation which ignored collaboration, data, and transparency; removal of Human Resources Director Frye undermining staff morale and trust during Public Service Recognition Week; concern at the City Manager's disregard for organizational values such as caring openness, and integrity; described the City Manager's leadership style as authoritarian, fostering fear and distrust among employees; resident survey results reflect resident satisfaction of service delivery during the period that remote work has been allowed; and emphasized that work-life balance should be available to all staff, not just those who disclose medical conditions.

Emily Hwang, Management Analyst
Manny Grewal, Management Analyst & HAME Treasurer
Dr. Amber Green, Economic Development Specialist
Rick Rivera, Management Analyst

CITY MANAGER'S COMMENTS
Assistant City Manager Youngblood made three announcements: 1) the Spring Compost Giveaway event on May 10, 2025, at the Skywest property next to the Hayward Executive Airport; 2) Bike to Wherever Day on May 15, 2025 with Public Works Department's staff hosting energizer stations in downtown and Hayward and South Hayward BART stations, with more intormation at Bike EastBay.org; and 3) the City of Hayward is recruiting Hayward Youth Commission students aged 13-20 who live in Hayward or within the Hayward Unified School District with a deadline to apply by May 9, 2025.

CONSENT
Consent Items 4, 10, and 11 were pulled from the Consent calendar for discussion and public comment. Consent Item 10 was pulled from the consent calendar and continued to a future City Council meeting.

1. Approve the City Council Minutes of the Special Joint City Council and Hayward Redevelopment Successor Agency Board Meeting on April 15, 2025 MIN 25-054 It was moved by Council Member Zermeño, seconded by Council Member Roche, and carried unanimously, to adopt the special Joint City Council and Redevelopment Successor Agency Board meeting minutes of April 15, 2025.

2. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with the Downtown Streets Team for a Not-to-Exceed Amount of $100,000 to Expand Litter Collection Efforts CONS 25-193
Staff report submitted by Public Works Director Ameri, dated May 6, 2025, was filed
2 Way 6.2025

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82235850821?pwd=0SuYZgBGGR9RhU4UrCVcVamy/8xSb7.1 CALIFORNA Tuesday, May 6, 2025, 7:00 p.m.

It was moved by Council Member Zermeño, seconded by Council Member Roche, 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 25-070, "Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Downtown Streets Team, in an Amount Not-To-Exceed $100,000"

3. Adopt a Resolution Authorizing the City Manager to Appropriate Funds in the Amount of $50,000 from Transportation System Improvement - Fund 460 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737 CONS 25-199 Staff report submitted by Public Works Director Ameri, dated May 6, 2025, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Roche, 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 25-071, "Resolution Authorizing the City Manager to Appropriate $50,000 from Transportation System Improvement (Fund 460) to Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737"

4. Adopt a Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the Alameda County Public Works Agency for the Zone 3A Line B (Ward Creek) Levee Improvements for a Not-To-Exceed Amount of $174,800 CONS 25-201 Staff report submitted by Public Works Director Ameri, dated May 6, 2025, was filed
Aztlan Native expressed concerns about the treatment of unhoused residents during police sweeps, particularly the lack of notice and potential danger, referencing the fatal incident involving James Edward Oakley in Vallejo; raised issues regarding smart meters near schools, and child abductions; and called for greater police transparency and accountability, especially within marginalized communities.

Mayor Salinas thanked the speaker and clarified for the record that he does not own an airplane.

It was moved by Council Member Zermeño, seconded by Council Member Roche, 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 25-072, "Resolution Authorizing the City Manager to Execute a Cooperative Agreement (Co-Op Agreement) with the Alameda County Public Works Agency for Zone 3A Line B (Ward Creek) Levee Improvements in an Amount Not-To-Exceed
$174,800"

5. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency to Accept and Appropriate Betweer $250,000 and $350,000 in Reimbursements for Medi-Cal Administrative Activities Services Provided by the City of Hayward for Fiscal Year 2025 through 2026 CONS 25- 202
Staff report submitted by Police Chief Matthews, dated May 6, 2025, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Roche, 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
4| May 6.2025

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82235850821?pwd=OSuYZgBGGR9RhU4UrCVcVamyJ8xSb7.1 CALIFORNA Tuesday, May 6, 2025, 7:00 p.m.

Resolution 25-073, "Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency to Accept and Appropriate Between $ 250,000 and $350,000 in Reimbursements for Medi-Cal Administrative Activity Services Provided by the City of Hayward for Fiscal Year 2025 Through 2026"

6. Adopt a Resolution Committing the City to Take Steps Towards Achieving Compliance with the Metropolitan Transportation Commission's Transit-Oriented Communities Policy CONS 25-205
Staff report submitted by Public Works Director Ameri, dated May 6, 2025, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Roche, 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 25-074, , "Resolution Accepting a Grant Award from the Metropolitan Transportation Commission in the Amount of $600,000 and Committing to Take Steps Towards Achieving Compliance with MTC's Transit-Oriented Communities (TOC) Policy as a Condition for MTC to Allocate Regional Discretionary Funding to the City of Hayward's Parking Management and Downtown Station Access Projects"

7. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Donations to and Fee Revenue from the Hayward Animal Shelter for Use by the Hayward Animal Shelter Through Fiscal Year 2025-2026 in an Amount Not to Exceed $500,000 CONS 25- 207
Staff report submitted by Police Chief Matthews dated May 6, 2025, was filed
It was moved by Council Member Zermeño, seconded by Council Member Roche, 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 25-075, "Resolution Authorizing the City Manager to Accept and Appropriate Donations to and Fee Revenue from the Hayward Animal Shelter for Use by the Hayward Animal Shelter Through Fiscal Year 2026 in an Amount Not to Exceed $500,000"

8. Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the Fiscal Year 2022-2023 and Fiscal Year 2023-2024 New Sidewalks Project - Clawiter Road and Industrial Blvd, Project Nos. 05305 and 05331 CONS 25-209 Staff report submitted by Public Works Director Ameri dated May 6, 2025, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Roche, 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 25-076, "Resolution Approving Plans and Specifications, and Call for Bids for the FY23 and FY24 New Sidewalks New Sidewalks Project-Clawiter Road and Industrial Boulevard, Project Nos. 05331 and 05305"

9. Adopt a Resolution Authorizing the City Manager to Appropriate $92,679 to Emergency Storm Response Project No. FD032 for Demolition and Survey Services Related to the Faircliff Landslide Emergency CONS 25-210
Staff report submitted by Public Works Director Ameri dated May 6, 2025, was filed.

It was moved by Council Member Zermeño, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.
6| May 6.2025

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82235850821?pwd=0SuYZgBGGR9RhU4UrCVcVamyJ8xSb7.1 CALIFORNIA Tuesday, May 6, 2025, 7:00 p.m.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-077, "Resolution Authorizing the City Manager to Appropriate $92,679 to Emergency Storm Response Project No. FD023 for Demolition and Survey Services Related to the Faircliff Landslide Emergency"

10. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $162,360 in Awarded FEMA State Homeland Security Program Grant Funding from the Alameda County Sheriffs Office; Execute an Agreement with Flock Safety for the Purchase of Additional Automated License Plate Reader Cameras at a Not-to-Exceed Cost of $165,000 Per Year; and Authorize Continued Contracting with Flock Safety for Up to Ten Years, with Not-to-Exceed Total Expenditures of $4,000,000 Over the Ten-Year Period CONS 25-213
Staff report submitted by Police Chief Matthews, dated May 6, 2025, was filed.

Mike Katz-Lacabe, Research Director for Oakland Privacy, urged the City Council to vote against the proposed addition of 30 license plate readers, citing concerns about surveillance overreach, potential violations of state law; and asked for data analysis on the effectiveness of the existing license plate readers before approving the item.

T], Hayward Concerned Citizens' representative, expressed support for the addition of license plate readers, stating they have effectively reduced vehicle theft and aided in solving crimes; and encouraged continued use of the technology as a public safety tool.

Council Member Syrop used his prerogative to continue the item for further analysis; expressed concerns about increased surveillance and potential cooperation with Immigration and Customs Enforcement (ICE) following a recent federal executive order affecting sanctuary cities; raised privacy issues related to audio recording capabilities in newer license plate reader models; and requested further clarification on items raised before proceeding.

Council Member Andrews noted the technology had previously been reviewed by the Council Infrastructure Committee and the Police Department with reference to American Civil Liberties Union (ACLU) guidelines; and suggested that this information be shared with the City Council when the item returns.

The item was continued to the City Council meeting on May 20, 2025.

11. Adopt a Resolution Authorizing the Mayor to Enter into a Sister City Agreement with City of Arandas, Jalisco CONS 25-214
Staff report submitted by Communications & Marketing Officer Finnie and Assistant City Manager Youngblood dated May 6, 2025, was filed.

Janett Hernandez, Chair of the Hayward-Arandas Sister City Committee, spoke in support of the item, urging the City Council to adopt a resolution formalizing a Sister City Agreement with Arandas, Jalisco, Mexico, to promote cultural and linguistic exchange.

Council Member Zermeño commended City staff for their assistance with the item.

It was moved by Council Member Zermeño, seconded by Council Member Roche, 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 25-078, "Resolution of the City Council of the City of Hayward Authorizing the Mayor to Enter into a Sister City Agreement Between the City of Hayward, California, USA, and Arandas, Jalisco, Mexico"

WORK SESSION

12. Review of Recommended Capital Improvement Program for FY 26 - FY 35 (Staff Report from Public Works Director Ameri) WB 25-021
Staff report submitted by Public Works Director Ameri dated May 6, 2025, was filed.

Public Works Director Ameri announced the item and introduced Management Analyst Matta who provided a synopsis of the staff report.

Mayor Salinas opened the public comment section at 8:32 p.m. 8| May 6.2025

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82235850821?pwd=OSuYZgBGGR9RhU4UrCVcVamyJ8xSb7.1 CALIFORNA Tuesday, May 6, 2025, 7:00 p.m.

Ro Aguilar commended the City Council and staff for the list of capital projects but urged them to prioritize addressing homelessness, which was identified as a top concern by residents; and requested a list of capital projects that specifically address homelessness before the appropriations are approved in June.

Mayor Salinas closed the public comment section at 8:35 p.m.

Members of the City Council thanked staff for the presentation on capital projects, and the enhancement of the capital project website and overall presentation quality.

Council Member Syrop emphasized the importance of aligning the budget with the City's strategic roadmap priorities; inquired about the possibility of combining phases two and three of the Stack Center project, to which staff confirmed it could be considered if funding is identified; and requested that future iterations reflect strategic goals.

Council Member Roche acknowledged the importance of ensuring all departments have the support needed to implement the City's capital projects effectively; asked about the status of Phase Il of the Recycled Water Project with staff confirming it is being planned to secure future funding; and reiterated the need for improved senior pedestrian crossings, particularly near new senior living developments on Second Street.

Council Member Bonilla Jr. expressed support for the Capital Improvement Program, praising its user-friendly digital format, strategic priorities, and transparency; noted his excitement for the completion of La Vista Park; and appreciated the City's responsiveness to the community's evolving needs.

Council Member Andrews emphasized partnering with organizations supporting children with autism to integrate public art into City projects, such as high-visibility crosswalks, potentially helping reduce maintenance costs; highlighted the importance of investing in unseen but essential infrastructure such as water and sewer systems; and advocated for continued State support to meet regulatory mandates.

Council Member Zermeño expressed enthusiasm for all the proposed projects, while wishing for full funding availability; and supported incorporating public art into capital projects.

Mayor Salinas emphasized the importance of continued collaboration with the school district and potential cost-sharing related to infrastructure impacts such as the relocation of Bret Harte Middle School; and expressed support for the City's ongoing investment in road safety improvements, including pedestrian-friendly configurations, reaffirming the City Council's commitment to safer streets.

LEGISLATIVE BUSINESS

13. Transient Occupancy Tax (TOT): Adopt a Resolution Adjusting the City's Transient Occupancy Tax Rate from 8.5% to 14.0%, Effective July 1, 2025; and Finding that the Action is Exempt from CEQA Review (Report from Interim Finance Director Etman) LB 25-012
Staff report submitted by Interim Finance Director Etman, dated May 6, 2025, was filed.

Interim Finance Director Etman provided a synopsis of the staff report.

Discussion ensued among members of the City Council and City staff and the following clarifications were offered: the City Council has the discretion to set the Transient Occupancy Tax (TOT) at any rate up to 14%, as authorized by voters; the effective tax rate for hotel guests would be 16% due to the combination of the proposed 14% TOT and an existing 2% excise tax; the City Council could consider a phased increase if desired; the phased approach to the TOT increase was not recommended by the Council Budget and Finance Committee but was discussed previously; while the Council Economic Development Committee had not been directly involved, Economic Development staff noted that visitors to Hayward, are not particularly price-sensitive and similar TOT rates exist in neighboring cities; the TOT increase would primarily affects non-residents; the current analysis only considered base TOT rates and did not include special district taxes; clarity on whether the TOT percentages listed for comparable cities include a 2% excise tax is important for accurate comparison; and while there was no cost analysis, the average hotel rate was estimated at $150 per night including the increase from the current TOT to the proposed 16% (including excise tax) which would raise costs by approximately $12 to $15 per night.

Mayor Salinas opened the public hearing at 9:02 p.m.

Sajit Khatri expressed concern over the proposed 16% tax rate, noting that the average daily hotel rate in Hayward has dropped from $143 in 2019 to $101 today; noted other cities do not have excise tax; and warned that raising taxes could drive customers to neighboring cities, reduce occupancy, and hurt local employment.

Rajesh Khatri echoed similar concerns to Sajit Khatri, stating that the hospitality industry has not recovered since 2019, with decreased corporate and convention business; and suggested a smaller increase of 1-2% would be more appropriate given the economic conditions.

Mitesh Solanski warned that the proposed 5.5% tax hike would place a heavy burden on price- sensitive customers, many of whom already struggle to pay; stressed that Hayward lacks major tourism appeal; and stated increasing costs would likely drive guests to other cities, reducing overall TOT revenue.
10| May 6.2025

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82235850821?pwd=OSuYZgBGGR9RhU4UrCVcVamyJ8xSb7.1 CALIFORNA Tuesday, May 6, 2025, 7:00 p.m.

Mayor Salinas closed the public hearing at 9:10 p.m.

Interim Finance Director Etman clarified that the proposed budget for the upcoming year is based on a 12.5% TO1 rate, not the full 14%, acknowledging that the City Council had not yet made a final decision; emphasized that the intention is not for Hayward to stand out with a significantly higher rate; and suggested the City Council consider aligning the total tax, including the 2% excise tax, with neighboring cities to remain competitive while still addressing the City's budget deficit.

Mayor Salinas made a motion to table the item and refer it to the Council Budget and Finance Committee for further analysis, particularly on the feasibility of a phased approach, comparisons with other cities including excise taxes, and the financial impact on hotel operators and guests.

Council Member Roche seconded the motion.

Interim Finance Director Etman confirmed that while the draft budget assumes a 14% TOT rate, the City Council has discretion, and changes would be reflected accordingly.

Council Members Zermeño voiced support for postponing a decision, emphasizing the importance of economic development.

Council Member Goldstein noted that cities, such as San Francisco, rely more on events than tax rates to drive hotel stays.

Council Member Andrews reinforced the need for Hayward to invest in public art, attractions, and sustainability to support its hospitality sector.

It was moved by Mayor Salinas, seconded by Council Member Roche, and carried unanimously. to table the item and refer it to the Council Budget and Finance Committee for further analysis.

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

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews announced a 510 Day - Foodie Fest by West Coast Makers at Chabot College on May 10, 2025.

COUNCIL REFERRALS

14. City Council Referral: reviewing Voluntary Expenditure and Contribution Limits (Referral from Council Members Bonilla Jr., Syrop, and Zermeño) RPT 25-048 Staff report submitted by Council Members Bonilla Jr., Syrop and Zermeño, dated May 6, 2025, was filed.

Council Member Syrop provided a synopsis of the referral, expressing a preference for agendizing a work session related to the City's voluntary expenditure limit and individual contributions limits after the City Council recess.

Council Member Bonilla Jr. expressed appreciation for Council Member Syrop's leadership Council Member Zermeño supported delaying discussion of the item until after the summer recess, citing a busy agenda through July and the benefit of having more time for thorough consideration.

Council Member Roche also supported postponing the item, agreeing that it is not urgent for the current fiscal year, and noting that previous staff research could reduce the workload once the discussion resumes.

Council Member Syrop made a motion to agendize the work session for review after the City Council's recess.

Council Member Bonilla Jr. seconded the motion.

Mayor Salinas acknowledged Hayward's progressive campaign finance history but cautioned against premature adjustments; and suggested the City allow one full election cycle under the new system before making changes.

Council Member Syrop clarified that the intent was not to make immediate changes but to open space for a future conversation, offering to bring examples from other cities that have seen significant spending in small districts; and reiterated the value of discussing the topic.

There being no public comment, Mayor Salinas opened and closed the public comment section at about 9:30 p.m.

It was moved by Council Member Syrop, seconded by Council Member Bonilla Ir., and carried, to agendize a City Council work session after the City Council recess for review of the City's voluntary expenditure limit and individual contribution limits. 12 | Ma: 6.2025

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82235850821?pwd=0SuYZgBGGR9RhU4UrCVcVamyJ8xSb7.1 CALIFORNA Tuesday, May 6, 2025, 7:00 p.m.

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

ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 9:34 p.m.

APPROVED
ML L
Mark Salinas
Mayor, City of Hayward
ATTEST:

Miriam Lens
City Clerk, City of Hayward

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