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December 27, 2011 > Hayward City Council

Hayward City Council

December 20, 2011

Consent
Appointed Councilwoman Barbara Halliday to Alameda County Mosquito Abatement District Board of Trustees.

Resolution authorizing city manager to negotiate and execute a Ground Lease and an Option Agreement with Master Lease with Hayward Airport Development, LLC tabled to January 24, 2012 meeting.

Authorized city manager to amend the Professional Services Agreement with TJKM Transportation Consultants, Inc. for traffic signal design and signal retiming for an additional maximum amount of $40,000, and to execute a Transportation Fund for Clean Air fund transfer agreement with the Alameda County Transportation Commission. Appropriated $218,000 in the Transportation Improvement Fund for the city-wide Signal Timing and Controller Replacement Program Phase 2.

Assigned and assumed Cinema Place First Amended Ground Lease and related documents from Hayward Cinema Place, LLC to Levy Affiliated Holdings, LLC or a related entity created for the Cinema Place project.

Authorized a $195,000 supplemental appropriation of Narcotics Asset Forfeitures funding which, with $40,350 of existing funding, will be used to replace failing electronic control devices.


Public Hearing
Introduced ordinances to change zoning from High Density Residential District to General Commercial District and repeal the Mission Corridor Specific Design Overlay District and adopted resolution to adopt the Negative Declaration and site plan review for proposed expansion and remodel of the Toyota dealership.


Legislative Business
Received FY 2011 General Fund Year-End Review (information only)
Received FY 2011 annual report of Redevelopment Agency activities


Public Comment
Ellis Goldberg pointed out that SB 1137 enables municipalities to fine banks that do not maintain vacant, foreclosed properties up to $1,000 per property, per day. This supposedly discourages blight, crime and the incidence of foreclosure. The cities of Richmond, Oakland and Oakley have passed ordinances in response to SB 1137. Banks do not pay HOA fees until a foreclosed property is sold and allow liens to develop against the property. There is no assurance the bank or the buyer will clear these liens; consequently, the HOA will lose funding or must rely on other residents to make up the difference. The City Manager's Office will analyze and present the advantages and disadvantages to Council.

David Stark, Bay East Association of REALTORS, stated that the issues mentioned by Ellis Goldberg can prove challenging when REALTORS deal with banks. The process can be ameliorated through state legislation; the California Association of REALTORS (CAR) has a track record of initiating laws regarding HOAs and new legislation is expected in the next year. CAR will also initiate legislation regarding bank conduct in California.

Bart Robeson, Salinas Ali, Yvonne Chen and Bryan Chan complained that they did not receive notification of the installation of a Verizon cell tower at Stonebrae and pointed out the restrictions, as per the California Public Utilities Commission, on the location of such facilities and associated health hazards.

Melvin Patterson asked if the state of California has the correct/appropriate fire safety laws to alert deaf people in the event of an emergency.

Quincy Carr commented on the version of the National Defense Authorization Act which includes a provision that allows the US military to pick up and imprison civilians without charge or trial, world-wide. He also expressed concern about SB 1867 which would allow the US military to detain and murder anti-government protesters in American cities.

Mayor Sweeney mentioned the retirement of Public Works Director Bob Bauman.


Mayor Michael Sweeney - Yes
Barbara Halliday - Yes
Olden Henson - Yes
Marvin Peixoto - Yes
Bill Quirk - Yes
Mark Salinas - Yes
Francisco Zermeľo - Yes

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