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City Council

September 17, 2024 ·7:00 PM Final

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 59 items

  1. 1 CITY COUNCIL MEETING 777 B Street, Hayward, CA 94541 City Hall, Council Chambers
  2. 2 NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom
  3. 3 PUBLIC PARTICIPATION How to observe the Meeting: 1. Comcast TV Channel 15 2. Live stream https://hayward.legistar.com/Calendar.aspx 3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment: 1. Use eComment on the City's Meeting & Agenda Center webpage at: https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. 2. Send an email to List-Mayor-Council@hayward-ca.gov by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day. How to provide live Public Comment during the City Council Meeting: Participate in the Council Chambers or click link below to join the meeting: https://hayward.zoom.us/j/88439412405?pwd=Nuz6lUeIPX2chtWwErblf51h0IQFaY.1 Meeting ID: 884 3941 2405 Password: CC9/17@7pm or Dial: +1 669 900 6833 or +1 646 931 3860 Meeting ID: 884 3941 2405 Password: 4463737523
  4. 4 CITY COUNCIL MEETING
  5. 5 CALL TO ORDER: Mayor Salinas Pledge of Allegiance: Council Member Goldstein
  6. 6 AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
  7. 7 ROLL CALL ▶ jump to 0:42
  8. 8 CLOSED SESSION ANNOUNCEMENT ▶ jump to 1:12
  9. 9 PRESENTATIONS ▶ jump to 2:58
  10. 10 Childhood Cancer Awareness Month Hispanic/Latinx Heritage Month ▶ jump to 3:00
  11. 10 page break
  12. 11 PUBLIC COMMENTS ▶ jump to 25:11
  13. 12 The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated. ration and may be referred to staff. ▶ jump to 25:13
  14. 13 CITY MANAGER’S COMMENTS ▶ jump to 29:00
  15. 14 An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public. ▶ jump to 29:01
  16. 14 Approval of the Consent Calendar approved the Consent Agenda Pass ▶ jump to 48:41
  17. 15 page break
  18. 16 ACTION ITEMS ▶ jump to 30:11
  19. 17 CITY COMMISSIONS AND KEEP HAYWARD CLEAN AND GREEN TASK FORCE ▶ jump to 30:12
  20. 18 The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item. ▶ jump to 30:14
  21. 1. City Commissions and Keep Hayward Clean and Green Task Force: Adopt a 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 (Report from City Clerk Lens) APPT 24-002 adopted Pass ▶ jump to 42:57
  22. 20 CONSENT ▶ jump to 47:16
  23. 2. Approve the Minutes of the Special City Council Meeting on August 13, 2024 MIN 24-095 approved Pass
  24. 3. Approve the Minutes of the Special City Council Meeting on August 20, 2024 MIN 24-096 approved Pass
  25. 4. Approve the Minutes of the Special City Council Meeting on August 27, 2024 MIN 24-097 approved Pass
  26. 5. Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code CONS 24-433 approved Pass
  27. 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 approved Pass
  28. 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 CONS 24-417 approved Pass
  29. 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 approved Pass
  30. 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 approved Pass
  31. 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 approved Pass
  32. 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 approved Pass
  33. 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 approved Pass
  34. 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 approved Pass
  35. 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 approved Pass
  36. 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 Project Cost for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482 CONS 24-459 approved Pass
  37. 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 approved Pass
  38. 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 CEQA Review CONS 24-476 approved Pass
  39. 37 WORK SESSION ▶ jump to 48:53
  40. 38 Work Session items are non-action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.
  41. 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 ▶ jump to 48:54
  42. 40 page break
  43. 41 PUBLIC HEARING ▶ jump to 120:18
  44. 19. Public Hearing for the Adoption of the City of Hayward User Fee Study (Report from Finance Director Gonzales) PH 24-039 adopted Pass ▶ jump to 129:02
  45. 43 LEGISLATIVE BUSINESS ▶ jump to 129:53
  46. 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 adopted Pass ▶ jump to 134:56
  47. 45 COUNCIL REPORTS AND ANNOUNCEMENTS ▶ jump to 135:58
  48. 46 Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).
  49. 47 COUNCIL REFERRALS ▶ jump to 141:06
  50. 48 Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
  51. 49 ADJOURNMENT ▶ jump to 141:08
  52. 50 NEXT REGULAR MEETING, September 24, 2024,7:00 PM
  53. 51 Page break
  54. 52 PUBLIC COMMENT RULES
  55. 53 Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
  56. 54 PLEASE TAKE NOTICE
  57. 55 That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
  58. 56 PLEASE TAKE FURTHER NOTICE
  59. 57 That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. *** Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or cityclerk@hayward-ca.gov. Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.