City Council - Regular Meeting

okay okay thank you uh apologize apologies for that we you know technical uh technical difficulty as they say okay so i like to uh reconvene the meeting and welcome everybody back um we i left off at public comment um i have two public comment cards for this particular um uh in this particular area and then of course the um the other uh public comment will happen when i get to um that item on the agenda so um let me kick this off with uh the first public comment from mr tom wong

Thank you. Our next speaker is Lorena Vieira.

Ms. Vieira, if this is about the Stack Center, if you can please wait until the end when we get to that item on the agenda.

Ms. Vera, I know the item on the stack is at the end of the agenda, and we will get there. Okay, I hope you can give me that. Yes, and I'll save your card. Thank you. OK, I do not have any more public comments, so I will move on to city manager's comments.

Thank you yeah I just wanted to I was going to make that report at the end of the meeting but I was at the airport open house on Sunday it was packed and it was a great event and of course the weather was great but just to see. the vendors there and all the information booths there about how to become a pilot how to become you know how to you know get into the aviation field it was great so big kudos to the airport and the airport staff and I know our public works director is in here so thank you mr. Amiri for that okay moving on to the CR Consent calendar. Oh, no moving on to The swearing-in

so I'm gonna ask if our newly appointed members actually mayor before we do this rain in we need to take action yes absolutely absolutely of course so let me let me do that yes so I'm gonna forego staff report and I'll come up to council to see if there's any questions regarding council or commissioners seeing none I will close This portion, open it up for public comment. I do not have public comment cards, nor do I see anyone online. So I will close public comment, and I will entertain a motion to accept the current class of commissioners.

Moved by Mayor Pro Tem Syrup. Second. Second by Councilmember Goldstein. I know you said it, but I heard Goldstein beat you. Second by Councilmember Goldstein. And if there are no objections, it will unanimously pass. Congratulations, ladies and gentlemen. Let's give a big round of applause to our new commissioners. Madam City Clerk, take it away.

As the newly appointed commissioners find their way to their seats, I just wanted to say on behalf of the council, thank you for applying and going through the process and, of course, going through the interview process. These men and women are volunteers. They serve on a variety of different commissions and they're the ones that are making decisions and are making sure that the city meets its mission and its goals and its priorities. So again, let's give the newly appointed commissioners a big round of applause and thank them for their service. Okay, our next item. Okay, thanks. OK. OK. Our n

Press the button. Can you press the button?

Yeah. There you go. It's on. It's on? What item of the agenda are you looking at?

Thank you. Our next public speaker who wants to speak on item number 13 is Tom Ferreira.

Thank you. Okay, next speaker is online, is TJ from Hayward Concerned Citizens. And I'm assuming this is on the agenda, on the consent calendar. If not, I can move on.

Thank you. I don't have any other cards, and I don't have any other speakers. So what I'd like to do is come back to the council, and I'll entertain a motion.

Moved by Mayor Pro Tem Syrup. seconded by Councilmember Goldstein. And if there are no objections, actually, can we take a roll call vote? Councilmember, oh, there he's back. So moved by Mayor Pro Tem Syrup, seconded by Councilmember Goldstein. And if there are no objections, the consent calendar will unanimously pass. Thank you. Moving on. Hold on. Our next item is an informational item. And item number 20, Metropolitan Transportation Commission Pavement Management Technical Assistance Program, P-TAP, 2027 grant award for updating the city's pavement management program project, number 05110.

OK. Thank you. anything else that's it okay perfect all right so before I go to council comments what I'm gonna do is I do have cards here for public comment before I get to that I also wanted to I'm sure folks in the outside in the in the hallway i guess uh they know that 2a there's a weight there's an overflow okay good all right um okay so just in case nobody heard uh or just in case some of you didn't hear this i'll say this again uh the public comment section provides an opportunity to address the council on items not listed on the agenda or informational staff presentation items the coun

Ms. Vieira, your time is up. Ms. Vieira, we have a stack of speakers behind you.

Thank you. Our next speaker is, first name is Marissa. And then if I could have lined up in the middle of the chamber here, next speaker is Marissa. I don't have a last name. But then I have, is it Kim Cawthorn? And then Marla Sather? And then Jules Menehivat.

Next speaker is Kim Cawthorn. And then Marcella Smith can line up next if she's here.

Thank you. And then Jules Menjivar. And then behind, if we can queue up, Tom Wong and, let's see, Gene Buchanan.

Thank you. Marcella Smith. And then if we can have queued up, is it Ironde Rodriguez? Go ahead.

Next speaker is Tom Wong. But then can we have Luciano Duran and Sheila Cho line up? Go ahead.

Thank you. Janine Buchanan. And then can we have lined up Scott Galati and Terry Martin?

And then when you come up, we're just trying to keep track of you in the system. That's fine. We just need to hear your name. So if you can state your name and where you're from, that would be great. That way we can make sure we're on cue.

Mr. Durand, time is up. Okay. But we got it. Thank you so much. Thank you. Thank you. And then Sheila Cho. Yeah. And then can I have lined up Eric, is it ,, and then Jeffrey Hammond, and Robert Stevens? Okay.

Oh, Mr. Galati, I wasn't paying attention. Mr. Galati, go right ahead. No, your time is up. Thank you. Thank you. Terry Martin.

Thank you. Thank you. Did you ask them to say where they live? No, I did not. Well, if you want to just go ahead. Tell us, Mr. Harmon, hold on a second. If you want to tell us where you live, that'd be great. Ladies and gentlemen, ladies and gentlemen, ladies and gentlemen, you're fine. Ladies and gentlemen, please. Hey, you guys, ladies and gentlemen, ladies and gentlemen, listen, if we're going to have outbursts like this, I will close the meeting and we will have this discussion amongst ourselves. All right. Please give everybody the respect and and let everyone talk. I understand. I get it

are yours the city council thank you thank you uh hey you guys you guys please all right and like I said we will I will close the chamber and we will have this discussion by ourselves all right so please um Mr. Stevens.

Thank you. Our next line of speakers is Habiba. Sarah Emanoff, E.J. Siri, Andreas Kluver, and A.J. Lopez. So if you guys can just all line up here and queue up. Thank you. Go right ahead.

Thank you. And if I can remind folks just, you know, if you can tell us your name and where you're from, and then that would be great. Let's see, Sarah, and I apologize, Emanoff?

Mr. Lopez, before you start, let me queue up the next folks. Can I have Jesse Gunn, Lilith Sib, and then JP Sanchez, and then Mila. OK, Mr. Lopez, go ahead.

Thank you. Ladies and gentlemen, listen, I appreciate the applause and the congratulatory remarks, but can we please just, let's calm it down, tone it down a bit so that we can proceed. I did want to say, I did want to highlight and call out Lilith. Lilith, thank you for being here. And I think this is the... fourth time maybe that we've seen each other and i do remember you uh and uh and i do listen to you and and um let me just tell you and i know your mom's sitting next to you um uh you have been very clear-eyed about this and you have been very articulate about this issue so i just wanted

And Mila, before you speak, let me call on the next folks. Holly, is it Edmondson? Katie, is it Kalia? Katie? Kalia? Gregory, is it Fit or Fight? Yes. Sean, is it, I can't pronounce the last, is it S-K-E-V? Sean? Yeah, is there another Sean in the room? Okay, and then Sonny Alvarado. Let me look it right up.

Thank you. Appreciate it. And Mr. Alvarado, before you speak, let me queue up the next group of folks. Tom, is it Wetzel? Margarita, Alanis, Damian? My name is Sonny Alvarado. I'm a Hayward resident.

Thank you. Tom, right? No, you're Tom. How about is, who is Tom? You're Tom, okay. Margarita? Yeah, let's go to Margarita.

Prarit? Yeah, OK. And I don't know if I said that correctly. No worries.

And then can I get, here in the middle aisle here, can I get, is it Uri Mendoza? And then Sarah, just first name Sarah. Tahoe Rowe. Mimi Nguyen. And then Malcolm. Is it ? Yeah, I apologize. And then Crystal Huerta, I believe. And then . OK. And then . Oh, no. Mendoza? Is there a Mendoza? No? OK. So Sarah? No? Tahoe Rowe? There you go.

And before you speak, give me one moment. Can we have, stand here in the middle, Claire Valderrama? Wallace? And then Alan, is it Busto? Bustal? Is that what it is? And then Marcos or Morkos? And then Nicholas Nguyen. Ernest Pacheco. And then Abigail Olivia.

Yeah, OK. I'll do Abigail and then all good. I want to make sure. Do you have it in that order? OK, perfect.

And then before you speak, can I have Natalia? Your last name is very long. And then Peter, is it Leroux Munoz? And then Kenneth, is it Sika? And then is it Kylie Spears? And then Brent Hoang? Oh, Hao. I apologize. Go ahead, Mr. Pacheco.

And I hope you say your last name when you come back.

Yeah, Kenneth, please. Yeah, Kenneth Sika. Yeah. Are you Ms. Spears? Yes. Okay, and then I have, yeah, and then you're next, yeah.

The time is up. Thank you so much. Yeah, thank you, but we got it. Thank you.

Thank you. Appreciate it. My last three cards are Lucy Lopez, Francisco Perez, and Ieni Odigel. Lucy Lopez, Francisco Perez, and then Ieni Odigel. Yeah.

Thank you. Okay, I am going to go to, I have a few callers online, so I'd like to first call upon Maria Del Carmen.

Thank you. Next speaker is Zoom user. Zoom user.

You are voting. The next speaker is Selena Martin-Reyes. Selena Martin-Reyes.

Thank you. Our next caller is Galaxy S25.

Thank you. Um, let's see. And, uh, I may not know how to pronounce this, but it's a very short name. It's A-N-H. Is it Ah? Ahn? Hello?

Your time is up. Thank you. Marlena Rose Silva. Marlena Rose Silva.

Our next speaker is Naely Torres Veloso.

Thank you very much. Andre Van Horn. Andre Van Horn? Going once. Going twice. Mr. Van Horn?

Thank you. okay um so i do not have any more cards and there are no more callers uh online so what i like to do is i like to close a public comment um we have one more hand that snuck in and i will take it i will take it um

Thank you. Appreciate it. Okay. So I'm going to close public comment on this item. And what I'm going to do is I am going to take a seven minute recess so that we can stretch our legs and maybe take a bio break. So Madam City Clerk, if you put seven minutes on the clock. Thank you.

If I can call the council back to the dais. If I can call the council back to the dais, please. Councilmember Bonilla. Councilmember Sermeno. Councilmember Sermeno. Councilmember Bonilla.

Okay, can I get everyone to sit down, please? Can I get everyone to sit down, please? Thank you. Thank you. OK. I want to make sure we're all aligned. All righty. So thank you very much for that. And before... Let me make sure we're... All right. OK, so let me kick this off. And my remarks are going to be very brief. And then I'll open it up for my colleagues up here to sort of come in and build up the framework that I'm going to sort of propose that we lay out and begin to direct staff in a direction so that we can move forward. I heard just some observations. And first of all, I wanted to sa

Council Member Zermeno. Mayor, thank you very much and thank you all for being here. It's tremendous. I did have a couple of questions for our staff. And thank you for the presentation also. In the United States, presently, we have 7,900 data centers throughout the country. So of the emails that I received, many of them state the data centers use up all electricity all of the water. They kill all the flora and the fauna around the data centers. They pollute the air. So I want to know, have we looked into at all if any of the communities around the 7,900 data centers have actually caused that?

Ladies and gentlemen, I'm going to pause here for a second. We've sat for about two and a half hours. We listened to you. We allowed you to do your job. You did it. Let us have our time, and let us work through this. And the cheers and jeers, respectfully, if you can just let us do our job, and we can get through this a lot faster, OK? Thank you.

Thank you. Thank you. So I will be brief. Again, thank you all very much. Two words I heard today, I do agree with our mayor, by the way, but two words I heard today was, slow down and study and in my mind that is something that i believe we should do and i believe that's what a moratorium will do if we have a moratorium that will allow the our city staff to look into not only the three items that our mayor mentioned but also um Does it kill all of the animals around? And does it kill all of the flowers? And maybe they can look into the 7,900 other data centers. I think it's important for ever

Thank you. Yeah, thank you, everyone, for being here tonight. We're here because we were listening, because I think the mayor and Councilmember Ranches and Mayor Pro Tem Syrup heard that call and realized this was such an important moment that we all had to get together and have some discussion about this. So I'm glad we're doing this, because like you, I'm very concerned about what's happening around the country with these large city-sized, hyper-scale data centers. They're causing havoc in some of these small communities, and there's some real consequences. and impact in the communities that

Thank you. And before I call upon Councilmember Andrews, I just wanted to edit slightly a term we're using. the building is not the stack center. It's called the stack. And so I just wanted to clarify that because I know those are two different buildings, two different projects. Thank you.

Thank you, Mayor. Thank you, staff, for the report. And thank you to all the residents who came out to speak on this issue. I wanted to thank my colleagues, Mayor Pro Tem Syrup and Mayor Salinas, for bringing this referral with me. And all three of us have our different reasons for bringing it. For me, it was to have the discussion in person. In person. And for residents to have a forum and to have a discussion. And for staff to provide information to the community directly about what happened and what are our options on how we move forward. I am interested in reviewing oversight ordinance and

Thank you. Council Member Bonillo. Thank you, Mayor. First, I just also want to say thank you all for coming out tonight and for sharing your concerns. I heard you, and I think you heard from my colleagues that we all heard you. And we share your concerns about data centers in our communities. I know that I share many of the concerns that were brought up tonight. This is our community. I was born here, too. I'm raising my family here. My parents are here. And we must do everything in our power to protect our community and to protect our residents. And I think that's the action that you're goin

Thank you, Mayor. Just a few clarifying questions for staff. Can you clarify the vote threshold required to pass a moratorium? It said four fifths in the slide, translated to a council of seven. What does that vote require? For this council, four-fifths is at least six council members. So a moratorium would require six out of seven of us to vote in support of it when it gets brought back, if it gets brought back, seeing that that seems like the majority direction. Yes, sir. OK, thank you. Did any planning commissioners or council members sign any NDAs related to this data center or prior data

Great. And then maybe for the city manager or for planning or development services, have other developers indicated interest in developing data centers in Hayward? And are they of comparable megawattage to the Stack data center?

OK. First, I just want to start off by saying thank you to everyone who wrote in, who called in, is watching online, and came out in person tonight to express their thoughts and their feelings on data centers in Hayward. There's been a lot of conversation on this issue nationwide, and I think Hayward was bound to have this conversation. This is happening, just to be clear, because of all of your organizing and your advocacy. So I appreciate you calling this question and making this happen. What happens tonight is also not the end of the conversation. This is the beginning of the conversation.

Thank you. He really does deserve the applause. He puts a lot of thought and effort into it, and he does a really great job articulating it. I'm going to be a little quieter and maybe not talk on everything that you brought forward. But let me just start off by telling you how much I appreciate you showing up. Your emails, your phone calls. I really appreciate it. And the reason that I appreciate it is we work hard. All of us live here in the city. We have to. That's one of the rules. And I live here. I raised my family here. We drink the water here. We breathe the air. But that doesn't mean w

Yeah, so the stack data center was accused of, or allegedly, using over a million gallons a day of water. Can you just comment on the total water use?

Okay. And that water use that you're describing, is it only dedicated to the data center operation or does that include, you know, toilets, landscaping? Do you know what the breakdown is?

Total water use. Okay. So I saw a metric somewhere that it was like half and half. So about half of that was for landscaping and Yeah, I don't have that breakdown, but the total use is about 3 million gallons per year. Okay, all right. So, sorry I caught you off guard. I thought we had that one, so I beg your pardon for that. The one thing that comes up in conversation a couple of times was about low frequency noise, and I don't recall seeing that in the MND or anywhere else. Do you know if that has been studied?

Okay. And then, uh, one of the, uh, so that's something that we could look into for sure. And then one more question and that is around the, uh, around the energy use. Uh, there's been some concern that the huge amount of energy that they're going to use is just going to completely pollute our skies and so forth. Can you, can you talk about the energy requirements?

OK. And do you know approximately the percentages of renewable energy production?

OK, all right. Very good. So solar and wind. And to our knowledge, those things don't actually produce noxious fumes or exhaust or? Okay, I'm asking the obvious question because a couple people heard me say that, and they just didn't want to believe it. But it's required. It's in the documentation. You can read it for yourself online. So we are going to do more, and, again, I am in favor of taking the steps we need to do that. Thank you.

Thank you. Council Member Andrews? Oh, I just saw your name up there. I wasn't sure. OK. So I think we have direction, moratorium, or did you want to summarize? Direction. come back with a moratorium. I think what Mayor Pro Tem Syrup brought to us was keep a ban on the table. But first a moratorium, and then as we talk about that, then we can certainly not exclude that and not have that. While we do that, we will focus on three areas, either tweaking what we have, enhancing, editing, or adding in the areas of more transparency, higher levels of accountability, and greater community benefits. A

Tonight tonight on on the running direction by motion.

I'll move the item. Okay, so moved by Mayor Pro Tem Syrup. I'll second the item. So moved by Mayor Pro Tem Syrup to come back with the moratorium with the items that we just outlined, and then second by Mayor Salinas. And if there are no objections, it will unanimously pass. Congratulations. Thank you. Okay.

You say moratorium. Ma'am, ma'am, I think we're going to be, staff has heard us, staff is going to respond, and we will be working with staff moving forward. Okay? Okay. Okay, we got it.

It's not popping up for me, but I'm a yes vote.

OK. And the motion passes with seven yeses. Okay, moving on to, this was our last item. Moving on to adjournment. Our next meeting will be October 6th, 2026 at 7 p.m. Thank you for coming out. Meeting adjourned.