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November 7, 2017 > Hayward City Council

Hayward City Council

October 30, 2017

Public Comments:
¥ Mr. Kim Huggett, President of the Hayward Chamber of Commerce, announced that the Guatemalan Consul General will be hosted at a luncheon by the Latino Business Roundtable on November 17 at The Mexican Restaurant and Bar in Hayward.

Consent Calendar:
¥ Minutes of the Special City Council work meeting on October 14, 2017.
¥ Minutes of the City Council meeting on October 17, 2017.
¥ Ordinance adding Article 14 to Chapter 6 of the Hayward Municipal Code regarding commercial cannabis businesses.
¥ Ordinance amending Article 6 of Chapter 5 of the Hayward Municipal Code regarding smoking pollution control.
¥ Resolution imposing a limit on cannabis retail dispensary permits.
¥ West Winton Landfill leachate conveyance system replacement project: approval of plans and specifications, and call for bids.
Consent Calendar approved 7-0.

Items Removed From Consent Calendar:
¥ Ordinance enacting comprehensive regulations for personal cannabis cultivation and commercial cannabis land uses through an amendment of Hayward Municipal Code, Chapter 10, Article 1 (Zoning Ordinance); Article 2 (Off-Street Parking Requirements); Article 24 (South Hayward BART/Mission Boulevard Form-Based Code); and Article 25 (Hayward Mission Boulevard Corridor Form-Based Code). Some residents voiced their concerns of having dispensary in their neighborhood. Council in agreement regarding need to pass ordinance in light of Proposition 64 and Measure EE, with the intent to revisit issue in 1 year. Councilmember Salinas, while acknowledging cityÕs position, strongly against, fearing a negative change to neighborhoods, and calling for more community involvement. Motion passed 6-1 (Nay: Salinas)
¥ Resolution accepting the transfer of parking facilities from the Hayward Successor Agency. Motion passed 7-0.

Public Hearing:
¥ Zoning text amendment to update regulations related to Accessory Dwelling Units (ADU) and establish a new fee associated with amendment to Chapter 10, planning, zoning, and subdivisions of the Hayward Municipal Code to comply with new state laws (Continued from 10/17/17). Council upset and disappointed with Assembly Bill 494 and Senate Bill 229, describing them as poorly written and a one-size-fits-all approach. Councilmember Marquez felt the fees to be too high, and many members agreed that HOAÕs will benefit, putting the onus on established, older neighborhoods. Motion made to adopt amendment with change to reference of Òdisabled individualsÓ to Òindividuals with disabilitiesÓ passed 6-1 (Nay: Marquez)

Work Session:
¥ Review of cannabis business operator selection process. Staff presented a RFP process and possible scoring criteria, as identified by ICF, a firm with experience developing cannabis license applications, guidelines, and criteria for municipalities locally and in other states that have legalized medical and adult use cannabis. Public comments were mixed: some cautioned the council against working with ICF, some asked that testing labs be exempted, and some asked that only teamster-supported businesses be considered. Council discussed ways to speed up the RFP process by revoking permits after a certain time period. Council mostly agreed with scoring criteria, with Councilmember Lamnin and Mayor Halliday preferring to spread out points more evenly. Many agreed with idea to fast track testing facilities.
¥ Discussion regarding Measure EE cannabis tax rate. Public worried about a high tax. Council needed more information while tentatively concurring with a 8-10% tax rate for retail/delivery and 5% tax for everything else, including cultivating and manufacturing. Some thought that medicinal cannabis should be taxed at a lower rate than recreational cannabis.

City ManagerÕs Reports:
¥ Assistant City Manager Maria Hurtado was inducted as new National Vice President representing West Coast Region of the International City and County ManagerÕs Association.

Council Reports:
¥ Councilmember Salinas wished everyone a Happy Halloween and Dios de las Muertes.
¥ Councilmember Marquez acknowledged the Keep Hayward Clean and Green Task Force and their coordination on Make A Difference Day. She also acknowledged the Landscape/Maintenance Departments.
¥ Mayor Halliday acknowledged the young women volunteers from CSU East Bay who helped out on Make A Difference Day.


Mayor Barbara Halliday Aye
Sara Lamnin Aye
Francisco Zermeno Aye
Marvin Peixoto Aye
Al Mendall Aye
Elisa Marquez Aye, 1 Nay
Mark Salinas Aye, 1 Nay

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