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March 19, 2013 > Hayward City Council

Hayward City Council

March 5, 2013

Presented March 2013 Business Recognition Award to Manada Roofing, Inc. Accepted by Jesus Perez, VP, Manada Roofing, Inc.

Proclaimed March 12, 2013 as Women Veterans' Day. Accepted by Lani Wilson, Chabot College.

Work Session
Strategies to improve delivery of food and support services to people in need. Typically, food-sharing programs occur on City property without permits which, currently, are not required. Community members point to the adverse effect of such activities and the anti-social behavior of some of the beneficiaries and also assert that more constructive approaches to homelessness and affordable housing are needed. Other jurisdictions have enacted ordinances to ban or regulate food distribution at public locations. Some have been challenged successfully but the courts have tended to uphold legislation that regulates rather than prohibits such programs. Staff recommends amendment of the Hayward Zoning Ordinance to introduce reasonable permitting for and better delivery of these programs.

Amended JPA Agreement for the South Hayward BART Transit Oriented Development and appointed Councilwoman Barbara Halliday as Alternate Director to the JPA Board.

Legislative Business
Approved phase-out of the City's Red Light Camera Program. The number of side-on collisions (right and left turns) has declined but the number of rear-end collisions has increased. In the interests of public safety, Councilman Greg Jones proposed a motion to decommission the system as soon as possible. (6 YES votes; 1 NO vote (Halliday)).

Fiscal Year 2013 Mid-Year Budget Review & General Fund Ten-Year Plan Update.

Amended Water Supply Agreement with City and County of San Francisco to protect water supplies from the Hetch Hetchy Reservoir and assure continued operation of the O'Shaugnessy Dam unless the Agreement is further amended at a future date, subject to certain conditions.

Public Comment
"Citizen Sam" encouraged everyone to participate in the City's General Plan Update (, hopes the Oakland A's will come to Hayward and wishes to see a ferry service to San Francisco leave from Winton Avenue by 2040. He thanked Denise Chan, Suzanne Phillis (City Clerk's Office, Planning Commission Sara Lamnin, Gale Bleth and Mary Fabian (Hayward Police Department) and former Councilwoman Anna May for their help.

Betty DeForest, Executive Director, South Hayward Parish, thanked the Mayor and Council for the opportunity to create dialogue and bring together parties that are concerned about homelessness in Hayward. She would like to see the establishment of a task force of citizens, businesses, elected officials and other stakeholders to discuss and identify solutions quickly and effectively. South Hayward Parish shares the City's concern about food-distribution on the street; it is demeaning. DeForest appreciates staff's regulatory proposals, which refer to "free food," for such programs and wondered if they include food pantries some of which might have to close because they cannot afford a permit. Would programs that prepare food have to be certified by the County as "kitchens?"

Jeanette Johnigan relies on the food programs because of her income level. She cannot afford to shop at the supermarkets after her expenses have been deducted. She is able to access programs every day except on Wednesday and Saturday; so, twice a week she goes hungry. In addition to the homeless, many others go hungry, too.

A member of the First United Methodist Church congregation feels that the proposed zoning changes will not solve any of the current issues and might lead to unintended consequences. He supports the Hayward Community Action Network's desire for a central facility where a full range of services for the homeless are available - counseling, mental and physical support, kitchen, washing and laundering facilities, training and job preparation and jobs running such a center. Marcy Timberman echoed the sentiments adding that staff's proposals would not make anyone "less hungry or less homeless."

Bob Goodwill, Hayward CAN Advocate, stated that disruptive activity occurs before or after the food distribution programs at Portuguese Park and that the programs, per se, are not a problem. Culpable individuals are responsible for their own actions. Legislating the programs without dealing with the trouble-makers would be an exercise in futility.

Sherri Blair does not feel an ordinance will solve the problems underlying hunger and homelessness but feels it might help identify which public sites can be used for food-sharing programs. Hunger is a world-wide problem. In Brazil, there are five government-owned restaurants, with low-priced menus, where everyone can dine - students, seniors, homeless, business people, construction workers, nurses.

Sara Lamnin, CAN Program Director, does not support the proposed amendment to the Zoning Ordinance preferring to spend the City's limited resources on solutions to the underlying issues. Establish a deadline to move the meal programs out of civic spaces to a centralized, indoor service program which would enable stakeholders to leverage existing resources, improve efficiency, address sanitation issues, maintain consistent enforcement and help residents reach a greater level of self-sustainability.

Jim Drake asked if Hayward is a dumping ground for felons and how the City compmares with other cities in the East Bay. He questioned the process by which bond measures are placed on election ballots, subsequent voter-approval, elected officials' decisions to proceed with a bond issue and the cost of that funding; he referred specifically to Hayward Unified School District's Measure I.

Mayor Michael Sweeney - Yes
Barabara halliday - Yes
Greg Jones - Yes
Al Mendall - Yes
Marvin Peixoto - Yes
Mark Salinas - Yes
Francisco Zermeno - Yes

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