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December 11, 2012 > Hayward City Council

Hayward City Council

December 4, 2012

Business Recognition Award for December 2012: Mimi's Cafˇ

Work Session
General Plan Update: overall project schedule and proposed schedule for the General Plan Update Task Force. Completion of project is expected by June 2014.

Recommended revisions to City's Alcohol Beverage Outlet regulations. Staff will incorporate input from Council, from a community meeting on December 11 and from the Planning Commission's December 13, 2012 work session and present them to the Planning Commission and Council in Spring 2013.

Authorized City Manager to grant easement on City-owned property to the East Bay Regional Park District (EBRPD) to enable continued trail access.

Final Tract Map 7748 - KB Home/First American Title Company (applicant/owner) - approved Final Map, authorized the City Manager to execute a Subdivision Agreement, a Grant of Easement Agreement and accepting, upon completion of improvements, certain streets into the City street system.

Park In-Lieu Fee allocation to the Hayward Area Recreation and Park District for the Hayward Senior Center Kitchen Americans with Disabilities Act Improvement Project ($426,968.72 reimbursement), new Dog Park in the Eden Greenway ($72,287.52 reimbursement) and new Ruus Park Americans with Disabilities Act-Compliant Restroom Installation Project ($250,000 advance).

Authorized City Manager to accept and appropriate $500,000 CalGRIP funding for continued gang suppression activities by Hayward Police Department.

Extended temporary revisions to the Alcohol Beverage Outlet Regulations by six months to June 26, 2013 to allow Happy Hours from 4 p.m. to 9 p.m. and music until midnight at full-service restaurants. (5 YES, 1 NO (Sweeney)).

Legislative Business
Bay Area Water Supply and Conservation Agency bond for San Francisco Public Utilities Commission debt repayment. Authorized the Bay Area Water Supply and Conservation Agency (BAWSCA) to prepay the City's portion of a $367M debt owed by BAWSCA members to the City and County of San Francisco ("San Francisco"); and agreed to make wholesale water purchase surcharge payments to BAWSCA to repay the City's share of bonds to be sold by BAWSCA. These bonds will provide BAWSCA with the source of funds to prepay the debt owed to San Francisco.

FY 2012 General Fund Year-End Review.

Public Comment
Caltrans tenant Debbie Frederick spoke about the Deferred Maintenance Agreement which tenants, who wish to buy their homes, are happy to accept if the process is reasonable; she asserts that it is not, at this stage. Property appraisals are also being questioned.

Kim Huggett, President, Hayward Chamber of Commerce, stated that the prohibition of Happy Hour puts Hayward restaurants at a competitive disadvantage to those in neighboring communities.

A Horizon Services representative spoke of the concerns expressed in writing by Linda Pratt, CommPre Program Director, regarding revisions to the City's Alcohol Beverage Outlet regulations.

Southland Mall's Elephant Bar has seen sales increase by more than three percent and created a dozen jobs since temporary revisions to the Alcohol Beverage Outlet Regulations were introduced in June 2012 and would like Happy Hour to continue. Mimi's Cafˇ has increased sales by five percent and also added staff; live, background music has doubled sales on Wednesday nights.

Kupe Studio, Restaurant & Lounge supports Happy Hour. However, customers leave when it ends and it is difficult to retain or attract customers after 9 p.m. without the opportunity of live music which lures business away from this establishment. He has also lost potential business because his license is proving too restrictive but is working with the City to find a solution.

Sally Porfido, City of Hayward Economic Development Coordinator, invited everyone to the fourth annual Shop Hayward event on December 15 and 16, 2012. Visit

Kevin Thompson questioned the degree of government intervention in the free market, asserting, for example, that Council should not make decisions on behalf of business by banning polystyrene containers. Businesses and consumers should determine what they want.

Pianist Dennis Charles supports more live music and entertainment in Downtown Hayward establishments.

Doug Ligibel presented DUI arrests/statistics and requested a greater police presence in the Downtown. He also mentioned license types and asked Council members of they want a restaurant-and-bar environment with a City-imposed condition that food accounts for at least 60 percent of sales or a predominantly nightclub environment with state licenses that do not include such a requirement. He asked if Hayward PD enforces the conditional use permits of bars and restaurants and if there is proof of compliance. There is a danger that nightclubs masquerade as bars and restaurants when applying for permits.

Jim Drake spoke of an improperly constructed median by Pankey's Radiator Repair on Foothill Boulevard and poor drainage. The safety of road users is paramount.

Mayor Sweeney welcomed Eagle Scout Isaiah Henry and directed the City Manger to contact candidates, who ran in the November 6, 2012 election, to arrange removal of campaign signs.

Mayor Michael Sweeney - Yes
Barbara Halliday - Yes
Greg Jones - Yes
Al Mendall - Absent
Marvin Peixoto - Yes
Mark Salinas - Yes
Francisco Zermeno - Yes

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