CORONAVIRUS (COVID-19) ADVISORY
IMPORTANT INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL MEETING
On March 16, 2020, the Health Officer of Contra Costa County issued an Order through April 7, 2020 that directed that all individuals living in the county to shelter at their place of residence except that they may leave to provide or receive certain essential services or engage in certain essential activities and work for essential businesses and governmental services.
Under the Governor’s Executive Order N-25-20, this meeting may utilize teleconferencing or other virtual meeting platforms. Pursuant to the Governor’s Executive Order N-25-20, teleconferencing restrictions of the Brown Act have been suspended.
Beginning with the April 14, 2020 Hercules City Council meeting, the City Council will conduct its meeting utilizing ZOOM.
DUE TO THE SHELTER IN PLACE ORDERS AND PURSUANT TO EXECUTIVE ORDER N-25-20, direct public attendance or participation at council meetings has been suspended and the Council Chambers will be closed to the general public.
City Council and staff will participate virtually through the ZOOM application. Applicants, consultants, and others with matters before the Council will be allowed to participate via ZOOM but must make prior arrangements with the City Clerk. The public may log into the Zoom meeting to provide their public comment virtually.
Individuals wishing to address the City Council as part of the Zoom meeting are asked to provide the following information:
1. (Optional) - Name, address and contact information of person providing comments.
2. General topic or agenda item you wish to comment on.
PLEASE NOTE: For Special Closed Session meetings public comments must be submitted in written form either electronically via email, mailed in, or hand delivered prior to the meeting. The Zoom meeting credentials for closed session meetings are not shared publicly. Written public comments will be provided to City Council prior to the meeting and posted to the City’s agenda website.
For regular City Council meetings, all virtual public comments are allowed up to 3 minutes to relay their message or concern. All virtual public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking virtual public comment during the first public comment period on the agenda. If any speaker comments have not been accommodated prior to the initial 30 minute period, time will be reserved at the conclusion of the meeting for the remaining virtual public comments.
Please refer to the Zoom meeting information on the front cover of the Agenda.
How to watch the meeting from home:
1. Comcast Channel 28
2. Livestream online at https://hercules.legistar.com/Calendar.aspx
We are happy to accommodate written public comments. Written public comment will be accepted by email to [email protected] and will be available on the City’s website. Additional ways to provide your public comment is to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 via USPS in time to reach the City Clerk no later than 4:00 p.m. on the day of the meeting or by telephone by calling (510) 799-8215 no later than 4:00 p.m. on the meeting date. For written public comments:
1. Subject Line to contain the words “PUBLIC COMMENTS”
2. (Optional) - Name, address and contact information of person providing comments.
3. General topic or agenda item you wish to comment on.
All written comments received by the close of the public comment period will be available after the meeting as supplemental materials and will become part of the official meeting record, and they will not be read during the meeting. The City cannot guarantee that its network and/or the site will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 4:00 p.m. on the day of the Council meeting.
Tuesday, February 22, 2022
6:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
Meeting Agenda
Zoom Meeting ID: 830 3733 3690
Zoom Passcode: 574261
Zoom Phone Number: 1-669-900-6833
1 February 22, 2022City Council Meeting Agenda
To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:
1. 22-077
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Government Code Section 54956.9 (e)(1): In one (1) matter.
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed as follows:
The public may log into the Zoom meeting (refer to agenda cover for Zoom login information) and provide their public comment (3 minute time limit). When the public comment period is open for the item you wish to speak on, use the "raise hand" feature in Zoom (or press *9 if connecting via phone audio only) at the time the Mayor calls for public comment. Please wait your turn and once you are brought into the meeting, state your name and city of residence for the record.
For additional alternatives to providing public comments please refer to the Notice of Important Instructions on how to Participate and Watch the Hercules City Council Meeting on the front page of the agenda.
All public comments are allowed up to 3 minutes to relay their message or concern. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.
XI. PUBLIC HEARINGS
2 February 22, 2022City Council Meeting Agenda
XII. CONSENT CALENDAR
1. 22-078 Minutes
Recommendation: Approve the special meeting minutes of February 7, 2022 and February 15, 2022 and the regular meeting minutes of February 8, 2022.
Minutes - 020722 - Special.pdf
Minutes - 020822 - Regular.pdf
Minutes - 021522 - Special.pdf
Attachments:
2. 22-074 Emergency Declaration Extension
Recommendation: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to April 1, 2022.
Staff Report - Emergency Declartion to 040122.docx
Attach 1 - Resolution - Emergency Declaration.docx
Attachments:
3. 22-075 2nd Reading and Adoption of Ordinance 536, an Ordinance Amending the Hercules Municipal Code by Adding Section 13-32.500 to Allow Minimum Parking Exceptions
Recommendation: The Planning Commission and City staff recommend that the City Council adopt an Ordinance amending the City of Hercules Municipal Code by adding Section 13-32.500 to allow parking exceptions for reducing the minimum amount of required parking.
Staff Report - Ordinance 536 -rcr.docx
Ordinance 536.doc
Attachments:
4. 22-079 Acceptance of the Engie Energy Services Project Recommendation: Adopt a Resolution accepting the Engie Energy Services Project as complete for a total amount of $4,005,348 and authorize the filing of a Notice of Completion with the Contra Costa County Recorder's office.
Staff Report - Engie Energy Services Project Acceptance Rev1.docx Attach 1 - Resolution - Engie Energy Services Project Acceptance.doc Attach 2 - Notice of Completion - Engie Energy Services Project Acceptance.docx Attachments:
5. 22-081 Resolution Authorizing the City to Submit Applications to CalRecycle for Grant Funding
Recommendation: Adopt a Resolution authorizing the City to submit applications to the California Department of Resources Recycling and Recovery (CalRecycle) for grant funding.
Staff Report - Hercules SB1383 Grant 2-3-22 sk.docx
Attach 1 - Resolution - SB1383.doc
Attachments:
3 February 22, 2022City Council Meeting Agenda
6. 22-080 Extension of Lew Edwards and FM3 Contract to the Lew Edwards Group Contract for Polling and Strategic Communication Services for Ballot Measures to Extend the Utility Users Tax, and the Viability of Becoming a Charter City for the Limited Purpose of Increasing the Real Property Transfer Tax
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement for Election Opinion Poll Services with the Lew Edwards Group for an amount not to exceed $131,250 subject to the City Attorney's review and available budget appropriations.
Staff Report - 2-22-22 Report on UUT RPTT Polling Results.docx Attach 1 - Resolution.docx
Attach 2 - Exh A - Exh B - LEG Contract Extension Exhibits A&B.pdf Attach 3 - LEG.FM3.Summary.PollingHighlights.pdf
Attach 4- 220-6254 City of Hercules Community Issues Survey - Council Briefing - D3A.pptx Attach 5 - 220-6254-F City of Hercules Community Issues Survey (Phone).pdf Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-072 FY 2021-22 Mid-Year Budget Review and Miscellaneous Mid-Year Budget Appropriations and Adjustments
Recommendation: Receive a report on the FY 2021-22 mid-year budget review and adopt a Resolution approving various mid-year budget appropriations and adjustments.
Staff Report - FY 21-22 Mid-Year Budget Update - Final (1).docx Attach 1 - Resolution.docx
Attach 2 - Proposed Budget Amendment.pdf
Attach 3 - General Fund Summary.pdf
Attach 4 - General Fund Summary of One-Time Revenues and Expenditures.pdf Attach 5 - General Fund FY 20-21 Available Fund Balance Calculation.pdf Attach 6 - List of Projects Funded by ARPA funds-Final (1).docx Presentation.pdf
Attachments:
2. 22-076 Update on Returning to In-Person Hybrid Meetings Recommendation: Receive report, discuss, and provide direction to staff.
Staff Report - Returning to In-Person Meetings.docx
Attach 1 - Poll of Contra Costa Cities.pdf
Attach 2 - recommendations-for-safe-public-meetings 020222.pdf Attach 3 - 12-14-21 Staff Report.pdf
Attach 4 - 09-28-21 Staff Report.pdf
Attachments:
4 February 22, 2022City Council Meeting Agenda
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, March 8, 2022 at 7:00 p.m. in the Council Chambers.
Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.
Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8215. (Posted: February 17, 2022)
THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,
PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
1. SPECIAL ACCOMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8215 at least 48 hours prior to the meeting.
2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.
3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, Hercules Post Office, and on the City’s website (www.ci.hercules.ca.us),
4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.
Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.
5 February 22, 2022City Council Meeting Agenda
In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.
Anyone may also submit written comments at any time before or during the meeting.
5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.
6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.
6 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
6:00 PM Virtual Meeting via ZoomMonday, February 7, 2022
SPECIAL CLOSED SESSION
I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 6:01 p.m.
Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
None.
III. CONVENE INTO CLOSED SESSION
City Attorney Tang announced the item listed on the agenda to be discussed in closed session.
1. 22-061 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9 (e)(1): In one (1) matter.
IV. ADJOURNMENT
Mayor Bailey adjourned the meeting at 7:00 p.m.
7 February 7, 2022City Council Meeting Minutes
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
8 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
6:00 PMTuesday, February 8, 2022
AMENDED AGENDA
Zoom Meeting ID: 879 9635 5189
Zoom Passcode: 345396 / Zoom Ph # 1-669-900-6833
I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 6:00 p.m.
Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
None.
III. CONVENE INTO CLOSED SESSION
City Attorney Tang announced the item listed on the agenda to be discussed in closed session.
Mayor Bailey recessed the meeting at 6:02 p.m.
1. 22-046 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9 (e)(1): In one (1) matter.
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 7:01 p.m.
Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Tang identified the item discussed in closed session and stated that no were no final or reportable actions to report.
9 February 8, 2022City Council Meeting Minutes
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Romero.
VII. MOMENT OF SILENCE
Mayor Bailey called for a moment of silence for Amir Locke, a Minneapolis police officer killed in the line of duty at the age of 22.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-044 Proclamation Recognizing February 2022 as Black and African American History Month in the City of Hercules
Mayor Bailey read aloud and presented a Proclamation recognizing the month of February 2022 as Black and African American History Month in the City of Hercules to Rev. Phil Lawson. Members of the City Council provided comments. Rev. Phil Lawson thanked the City Council for the Proclamation and provided his comments.
2. 22-045
Presentation - Stormwater Permit Update
Public Works Director Roberts introduced the item and provided a staff report. Mr. Frank Kennedy, Stormwater Consultant provided a presentation. Members of the City Council asked questions and provided comments.
IX. AGENDA ADDITIONS/DELETIONS
Mayor Bailey made a request to move the Agenda Additions/Deletions item for discussion after the Moment of Silence. Mayor Bailey made a request to move Item XIII.2: Report on Polling Results to be heard after Item VIII.1: Proclamation of Black and African American History Month.
There were no additions/deletions to the agenda. City Clerk Martin noted that there was a supplemental document provided prior to the meeting and posted online for Item XII.2: Execution of Standard CalTRANS agreement.
X. PUBLIC COMMUNICATIONS
Public speaker: Sherry McCoy.
XI. PUBLIC HEARINGS
1. 22-047
Franklin Canyon RV Resort Project, a proposal to redevelop the existing 161.95-acre 18-hole Franklin Canyon Golf Course with a recreation vehicle (RV) resort/campground, with 158 spaces for RVs, 22 walk-in tent bungalow campsites, a new 10,500-square-foot clubhouse, and putting course, with approximately 70 acres to be deeded as open
10 February 8, 2022City Council Meeting Minutes
space to the John Muir Land Trust.
Recommendation: Adopt CEQA Initial Study & Mitigated Negative Declaration (IS #20-01) and approve Lot Line Adjustment #20-01, Vesting Tentative Map #20-01, and Design Review Permit #20-01.
City Manager Dante Hall introduced the item. Community Development Director Reber provided a staff report and update on the project. Tom Hix, applicant provided additional information and Jill Williams provided a presentation identifying all the improvements made to the project after receiving additional input from the City Council and Planning Commission.
Members of the City Council asked questions and provided comments.
Brian Killian, applicants landscape architect provided additional information and answered questions.
Mayor Bailey opened the public hearing at 10:08 p.m.
Mayor Bailey closed the public hearing at 10:18 p.m. with no comments offered from the public.
A motion was made by Council Member Romero and seconded by Council Member Kelley to amend the conditions of approval as follows:
1. Add a clarification to Condition of Approval #32 to ensure visitor stays are allowed up to 30 consecutive days and that the applicant shall also record a deed restriction prohibiting long-term RV occupancy.
2. Limit the number of RV storage units to 24.
3. Include a requirement that trees to be replaced with 24-inch box trees are those greater than 24 inches in diameter.
This motion was approved by unanimous vote.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley to adopt Resolution 22-009.
Aye: Council Member T. Grimsley, Vice Mayor A. Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
4 -
Nay: Council Member D. Romero1 -
11 February 8, 2022City Council Meeting Minutes
XII. CONSENT CALENDAR
MOTION: A motion was made by Council member Kelley and seconded by Council Member Romero to adopt the Consent Calendar.
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
1. 22-043
Minutes
Recommendation: Approve the regular meeting minutes of January 25, 2022.
Approved.
2. 22-042 Execution of Standard California Department of Transportation ("CalTrans") Agreements to Receive $36k to Develop a Local Roadway Safety Plan and Receive Additional Transportation Related Grant Funding in the Future
Recommendation: Adopt a Resolution authorizing the City Manager to execute a CalTrans Master Agreement and Program Supplement Agreement to receive $36k to develop a local roadway safety plan and be eligible for other state-funded grants in the future.
Approved.
3. 22-048
Accept the Investment Report for the Quarter Ending December 31, 2021
Recommendation: Accept the investment report for the quarter ending December 31, 2021.
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-041
Discussion of Building Decarbonization through Possible Adoption of All-Electric Building Code Amendment
(Continued discussion from City Council meetings on September 28, 2021, and January 11, 2022)
Recommendation: Receive report, discuss, and provide direction if and what type of all-electric ordinance should or should not be pursued.
Community Development Director Reber introduced the item and provided a staff report. Members of the City Council asked questions and provided comments.
Public speakers: Igor Tregub spoke in favor the Ordinance. Two written public comments were received prior to the meeting from the Sierra Club and 350 Contra Costa speaking in favor of the Ordinance.
12 February 8, 2022City Council Meeting Minutes
Member of the City Council discussed some exemptions they would like to see in the Ordinance. These exemptions were: Restaurants and Retail facilities, laboratories, medical and emergency medical facilities. A consensus of Council was obtained for these exemptions and direction was given to staff to included these exemptions in an Ordinance for Planning Commission review as the next step before it comes back to City Council for final review and approval.
Community Development Reber noted that this could go to Planning Commission in March and come back to Council in May 2022. Community Development Director Reber also noted that this will undergo a higher review with the States Energy Commission after the City Council adopts the Ordinance with a most likely effective date of January 2023 which will align with the new 2023 building code amendment.
The results of the poll vote on the exemptions were as follows:
Vote to exempt restaurant and retail facilities: 5-0 vote.
Vote to exempt affordable housing units of 8 or less: Vote failed 2-3. (Nay votes were Vice Mayor Walker-Griffin, Council Member Kelley, Mayor Bailey).
Vote to exempt medical facilities: 4-1 vote (Nay vote: Vice Mayor Walker-Griffin).
Vote to exempt laboratories: 4-1 vote (Nay vote: Vice Mayor Walker-Griffin).
Vote to exempt emergency facilities: 4-1 vote: (Nay vote: Vice Mayor Walker-Griffin).
2. 22-049
Report on Polling Results Related to Extending the Existing Utility Users Tax and the Viability of Becoming a Charter City for the Limited Purpose of Increasing the Real Estate Property Transfer Tax Recommendation: 1) Receive report from the Lew Edwards Group and direct staff to proceed with planning for the placement of the Utility Users Tax measure on the City's regularly scheduled Municipal Election in November 2022, or 2) Provide alternate direction.
This item was re-ordered on the agenda and heard after Item VIII.1 Proclamation for Black and African American History Month.
City Manager Hall introduced the item and provided a staff report.
Catherine Lew of the Lew Edwards Group and Curtis Below of FM3 provided a presentation of the polling results conducted.
Members of the City Council deliberated on various options of the three proposed ballot measures.
13 February 8, 2022City Council Meeting Minutes
A motion was made by Council Member Romero, seconded by Council Member Kelley to pursue the extension of the UUT tax in November 2022.
A substitute motion was made by Mayor Bailey, seconded by Vice Mayor Walker-Griffin to conduct additional polling, education and outreach to the public and if such efforts results in favorable outcome to place all three ballot measures on the November 2022 election.
Roll call vote:
Council Member Grimsley: Aye
Council Member Kelley: Nay
Council Member Romero: Nay
Vice Mayor Walker-Griffin: Aye
Mayor Bailey: Aye
Motion passed 3-2.
City Manager Hall noted that staff will need to bring forth an extension of the Lew Edwards Group contract and additional allocation to conduct further polling, education and outreach and stated this will be placed on the next agenda.
XIV. PUBLIC COMMUNICATIONS
None.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
Due to the City Council Rules of Procedures no new items can be discussed after 11:00 p.m. with the exception of Council requesting future agenda items. No future agenda items were requested.
XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 11:02 p.m. in the memory of Cal Basketball star Gene Ransom who was killed in a freeway shooting in Oakland on Interstate 80 on Friday, February 4th at the age of 65.
14 February 8, 2022City Council Meeting Minutes
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
15 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
7:00 PMTuesday, February 15, 2022
SPECIAL MEETING
Zoom Meeting ID: 880 6700 9401
Zoom Passcode: 769353 / Zoom Ph #: 1-669-900-6833
I. SPECIAL MEETING - 7:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 7:00 p.m.
Council Member T. Grimsley, Vice Mayor A. Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 4 -
Council Member D. RomeroAbsent: 1 -
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Grimsley.
III. AGENDA ADDITIONS/DELETIONS
None.
IV. PUBLIC COMMUNICATIONS
None.
V. DISCUSSION ITEMS
1. 22-062 Proposal by D.R. Horton to develop 7-acre parcel at 215 Skelly with 40 single-family residences.
City Manager Hall introduced the item and Community Development Director Reber provided a staff report. Mr. Reber introduced the applicants, Adam Foster, Chris Zaballos and Jorden Tappin of D.R. Horton Development.
16 February 15, 2022City Council Meeting Minutes
Mr. Adam Foster gave a presentation of the proposed project of 40 single-family residences on a 7-acre parcel located at 215 Skelly Ave., Hercules, CA.
Members of the City Council asked questions and provided comments.
Public Speakers: Ed Ulle; Giorgio Consentino; Albert Flanagan; Bob Antaki; Russ Van; Brad Smith; Norma Valdez Jimenez.
VI. PUBLIC COMMUNICATIONS
Public Speakers: Georgio Consentino; Ed Ulle.
VII. ADJOURNMENT
Mayor Bailey adjourned the meeting at 8:12 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
17 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Emergency Declaration Extension
RECOMMENDED ACTION: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to April 1, 2022.
FISCAL IMPACT OF RECOMMENDATION: None as a result of this action, though the City’s response to the coronavirus or COVID-19 pandemic is resulting in increased costs and reductions in revenues.
EXECUTIVE SUMMARY: AB361, signed by Governor Newsom on September 16, 2021, provides that if a local state of emergency remains active for more than 30 days, a local agency must every 30 days by majority vote find that the state of emergency continues to directly impact the ability of members to meet safely in person, or that State or local officials continue to impose or recommend social distancing measures.
DISCUSSION: On March 20, 2020, the City Council ratified the City Manager’s Declaration of a Local Emergency in response to the COVID-19/Coronavirus pandemic. The City Council received an updated report on April 14, 2020. Contra Costa County extended the Shelter in Place/Stay Home Health Order on June 17, 2020, which will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer.
The City Council has extended the emergency declaration on:
May 12, 2020
June 23, 2020
September 8, 2020
November 10, 2020
December 8, 2020
February 23, 2021
April 27, 2021
July 13, 2021
August 10, 2021
December 2, 2021
December 14, 2021
January 25, 2022
18 On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
Governor Newsom signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders and on September 16, 2021, signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.
This bill which will sunset on January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing during a proclaimed state of emergency.
As the Delta and Omicron variant has surged in California, the legislature has taken action to extend the C OVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
AB361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the Bill’s exemption to the Brown Act teleconferencing rules:
The legislative body has reconsidered the circumstances of the emergency; and either of the following circumstances exist:
o The state of emergency continues to directly impact the ability of members to meet safely in person, or
o State or local officials continue to impose or recommend social distancing measures.
The goal of AB361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing boarder access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
As such, it is recommended that the City Council adopt the attached Resolution extending the Declaration of Local Emergency for another 30 days to April 1, 2022. It is anticipated that the City Council’s next review of the Declaration of Local Emergency will take place at the regular meeting of March 22, 2022. Should the need for a Declaration of Local Emergency end, the City Council could consider terminating the Declaration at an earlier date.
19 ATTACHMENTS:
1. Resolution extending Declaration of Local Emergency to April 1, 2022. 20
Resolution 22-
HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES EXTENDING THE DECLARATION OF LOCAL EMERGENCY BY 30 DAYS TO APRIL 1, 2022
WHEREAS, Section 3-106(1) of the Hercules Municipal Code empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session and requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Hercules, due to the introduction of coronavirus disease 2019 (COVID -19), commencing on or about March 3, 2020, at which time the City Council of the City of Hercules was not in session; and
WHEREAS, the City Manager acting as the Director of Emergency Services proclaim ed the existence of a local emergency within the City on the 15th day of March 2020; and
WHEREAS, on the 20th of March 2020, the City Council adopted Resolution No. 20-015 which ratified and confirmed the Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to July 11, 2020, at a regular meeting held on May 12, 2020; and
WHEREAS, Contra Costa County extended the Shelter in Place/Stay Home Health Order on June 17, 2020, and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to September 9, 2020, at a regular meeting held on June 23, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to November 7, 2020, at a regular meeting held on September 8, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to January 6, 2021, at a regular meeting held on November 8, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to March 7, 2021, at a regular meeting held on December 8, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to May 6, 2021, at a regular meeting held on February 23, 2021; and
21
Resolution 22-
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to July 5, 2021, at a regular meeting held on April 27, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to September 3, 2021, at a regular meeting held on July 13, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to November 2, 2021, at a regular meeting held on August 10, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to December 2, 2021 at a regular meeting held on October 26, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to January 1, 2022 at a regular meeting held on December 14, 2022; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to January 31, 2022 at a regular meeting held on December 14, 2022; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to March 2, 2022 at a regular meeting held on January 25, 2022; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which among other things rescinded his prior Executi ve Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act; and
WHEREAS, as the Delta and Omicron variants have surged in California the legislature has taken action to extend the COVID -19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards; and
WHEREAS, AB 361 allows a local agency to use teleconferencing without comp lying with the Brown Act provisions in any of the following circumstances:
The legislative body holds a meeting during a proclaimed state of emergency, and state of local officials have imposed or recommended measures to promote social distancing. The legi slative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the state of emergency continues to directly impact the ability of members to meet safely in person and further determines that State or local officials continue to recommend social distancing measures, so that the Declaration of Local Emergency is hereby extended by 30 days to April 1, 2022.
22
Resolution 22-
BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist for this period unless terminated earlier by the City Council of the City of Hercules.
The foregoing Resolution was duly and regularly adopted at a special emergency meeting of the City Council of the City of Hercules held on the 22nd day of February 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lori Martin, MMC
Administrative Services Director/
City Clerk
23 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Robert Reber, Community Development Director
SUBJECT: 2nd Reading and Adoption of Ordinance 536, an Ordinance Amending the Hercules Municipal Code by Adding Section 13 -32.500 to Allow Minimum Parking Exceptions
RECOMMENDED ACTION: The Planning Commission and City Staff recommend that the City Council adopt an ordinance amending the City of Hercules Municipal Code by adding Section 13-
32.500 to allow parking exceptions for reducing the minimum amount of required parking.
FISCAL IMPACT OF RECOMMENDATION: No direct fiscal impact to City.
DISCUSSION: The current provisions of the Municipal Code, Chapter 13-45 (“Minor Exceptions”), allows the Community Development Director to approve up to 10% reductions of the required standards for lot dimensions, setbacks, structure heights, site area, parking, and landscaping. The proposed code amendment would create a parking exception to allow reductions in the amount of required parking on a case-by-case basis greater than the 10% reduction currently allowed.
The proposed ordinance incorporates the approach to parking reductions established for the Waterfront District Master Plan (WDMP) which was adopted in 2008. These parking reductions are spelled out in Chapter 1 of the WDMP under the heading of “Allowances and Exceptions,” which enables the Director to encourage efficient new development by approving reductions in the amount of parking based upon documentation that the project does not need the number of parking spaces that would otherwise be required by the more general citywide zoning standards.
The proposed ordinance amendment would allow a similar parking reduction provision citywide by adding Section 500 to Chapter 13-32 (Off-Street Parking and Loading Facilities) to create parking exceptions. Section 13-32.500 would establish the applications requirements, approval authority, and required findings to approve a parking exception. The text of the proposed zoning text amendment is contained in the draft ordinance included in Attachmen t 1. The contents of the ordinance are summarized below.
24 Ordinance 536 was introduced at a regular meeting of the Hercules City Council on January 25, 2022 and approved unanimously to waive the first reading and approve the introduction of the Ordinance.
Required Supporting Information
To support an application for a parking exception, applicants must provide information demonstrating that parking shortage problems will not occur. The type of information required to support a n application for a parking exception are described in the text of the ordinance and include—but are not limited to—the following:
A parking study showing existing or comparable parking usage. A market profile of existing or anticipated project users documenting below average vehicle ownership rates (for residential development) or below average vehicle trip generation rates (for commercial development).
Documentation of the expected reduction of vehicle trips and/or car ownership rates associated with the project due to the in corporation of transportation and parking demand management strategies into the project.
Documentation that the proposed land use will operate only when the existing parking supply within 1,250 feet is adequate to accommodate the parking for the proposed use (e.g., a restaurant or club that operates only during evening hours or a shopping center with shared parking). Documentation of the experience of other cities comparable to Hercules that have a lower parking requirement for the proposed land use.
Approval Authority – Parking Exceptions
Parking exceptions would be approved by either the Community Development Director or the decision-making body approving any other related planning entitlements, whichever approval authority is “higher.” For example, a parking reduction related to an application requiring the approval by the Planning Commission would be approved by the Commission. Thus any requested reductions in parking must be considered comprehensively as part of the larger project entitlement applications.
Findings
To approve a parking exception, the approval authority would need to make the findings that the proposed reduction would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
ENVIRONMENTAL DETERMINATION:
Under Public Resources Code Section 21080.25(b)(9), the California Environmental Quality Act (CEQA) does not apply to any activity carried out by a city or county to reduce minimum parking requirements. Since this code amendment would create a process to facilitate reductions in the parking requirements, on a case -by-case basis throughout the City, no environmental impact analysis is required.
25 ATTACHMENTS:
1. Draft Ordinance
26 1
Ordinance 536
ORDINACE NO. 536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING THE HERCULES MUNICIPAL CODE BY ADDING SECTION 13-32.500 TO THE MUNICIPAL CODE TO ALLOW MINIMUM PARKING EXCEPTIONS.
WHEREAS, the need for additional flexibility in the pro vision of off -street parking has been identified; and
WHEREAS, the City ’s Waterfront District Master Plan already allows parking reductions within the Waterfront District; and
WHEREAS, these parking reductions do not create problems or adversely affect t he public health, safety, or welfare; and
WHEREAS, under Public Resources Code Section 21080.25(b)(9), the California Environmental Quality Act (CEQA) does not apply to actions or projects carried out by a city or county to reduce minimum parking requirem ents, and as such, the adoption of the ordinance is exempt from CEQA; and
WHEREAS, at a properly noticed public hearing on January 4, 2022, the Planning Commission reviewed Zoning Text Amendment #21 -02 (“Parking Exception” amendment) and considered the st aff report, supporting documents, public testimony, and all appropriate information submitted regarding the amendment to the Hercules Municipal Code relat ed to parking exceptions, and adopted Resolution #22 -01 recommending that the City Council adopt the Parking Exception amendment; and
WHEREAS, Chapter 13-52.400 of City of Hercules Municipal Code allows for amendments of the Zoning Ordinance whenever the City Council determines that: the proposed amendment is consistent with the General Plan; would not b e detrimental to the health, safety, welfare, and public interest of the City; and is internally consistent and does not conflict with the purposes, regulations, and required findings of the Zoning Ordinance; and
WHEREAS, in accordance with Chapter 13 -52 (Zoning Amendments) of the City of Hercules Municipal Code, the City Council received and considered Zoning Text Amendment #2 1-02 at a properly noticed public hearing on January 25, 2022, and did hear and use its independent judgment to consider all reports, recommendations, and testimony before taking any action on this Zoning Text Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby incorporates the above recita ls into this Ordinance by this reference.
27 2
Ordinance 536
SECTION 2. Amendment. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code by adding Section 13-32.500, Parking Exceptions, to read as follows:
“Section 13-32.500 Parking Exceptions.
To encourage new development, increase housing affordability and housing choice, and minimize impervious surfaces and associated water run -off, the city should incorporate flexibility into minimum parking requirements. These “flex requirements” will allow development projects to provide a reduced amount of parking. The city may reduce or completely waive the number of parking spaces required based on quantitative information provided by the project applicant that documents the need for fewer parking spaces, as described below.
1. Application Requirements. Applications for a parking exception shall be accompanied by one of the following documents, prepared by a qualified professional, demonstrating that the proposed reduction will not create either on-site or off-site parking issues.
A. A parking study showing existing or comparable parking usage. The scope of the parking study shall be approved by the Community Development Director.
B. A market profile of existing or anticipated project users docum enting below average vehicle ownership rates (for residential development) or below average vehicle trip generation rates (for commercial development).
C. Documentation of the expected reduction of vehicle trips and/or car ownership rates associated with the project due to the incorporation of transportation and parking demand management strategies into the project.
D. Documentation that the proposed land use will operate exclusively when the existing parking supply within 1,250 feet is adequate to accom modate the parking for the proposed use (e.g., a restaurant or club that operates only during evening hours or a shopping center with shared parking).
E. Documentation of the experience of other cities comparable to Hercules that have a lower parking requirement for the proposed land use.
2. Approval. A parking exception pursuant to this section shall be approved by the approval authority for the project including the requested parking exception.
3. Required Findings. In approving a parking exception, t he approval authority shall make the following finding:
A. That the granting of the parking exception will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the project.”
28 3
Ordinance 536
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares t hat it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.
SECTION 4. Effective Date and Publi cation. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 25th day of January 2022, and was passed and adopted at a regular meeting of the Hercules City Council on the ___ day of February 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
________________________________
Lori Martin, MMC
Administrative Services Director / City Clerk
29 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer
SUBJECT: Acceptance of the Engie Energy Services Project
RECOMMENDED ACTION:
Adopt a resolution accepting the Energy Services Project as complete for a total amount of $4,005,348 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.
FISCAL IMPACT OF RECOMMENDATION:
The Energy Services Project installed various energy saving and energy generating improvements to City facilities. The project was accomplished under a design/build contract with Engie. The final contract expenditures are as follows:
Final Expenditures:
Original Contract Amount $3,938,147
Change Order No.1 Upgrade 97 Additional Streetlights to LED $27,326 Change Order No. 2 Replace Library HVAC Components $39,875 Final Total Construction Contract $4,005,348
Change Order No. 1 was to retrofit an additional 97 streetlight fixtures from High Pressure Sodium (HPS) to energy-saving LED (86 in Promenade, 11 in Bayside Park). These streetlights, which were inadvertently omitted in the original contract, were upgraded at the contract unit price and will achieve the same level of savings as the other 574 streetlight conversions. Change Order No. 2 for $39,875 was to furnish and replace worn out components in the 20+ year old Library HVAC system which were discovered when the system was being disassembled for the air rebalancing work. The total contingency amount of $67,201 or 1.7% was well below the 5% allocated for this energy project.
Financing for the project is through an equipment lease-purchase agreement with Sterling National Bank that was approved by City Council in June 2020. Payment is made with energy savings from the project throughout the 20-year loan amortization period.
The net energy savings over the 30-year life of the project is projected to be $2.65M. 30 DISCUSSION:
The design/build energy savings project with Engie was approved by Council in June 2020. The project completed the following energy savings and generation measures:
Solar Canopies - These new facilities at the City Hall and Community Center campuses will offset energy consumption.
Interior and Exterior Building Lighting Conversion to LED – The lighting retrofits completed at City Hall, the Senior Center, Public Library, Community Center, and Teen Center will reduce energy consumption.
Streetlight Conversion from High-Pressure Sodium to Energy Efficient LED Lighting – A total of 671 retrofits were completed in the Promenade, Baywood, Bayside, Belleterre and Cottage Lane neighborhoods including Sycamore Avenue and a section of John Muir Parkway.
Repair of the Library HVAC and Controls – To improve operational efficiency and achieve energy savings.
Digital Thermometers – Installed at City Hall, the Senior Center , Community Center, and Teen Center which enables a set schedule of operation, saving energy.
Major Upgrades to the HVAC systems at City Hall and the Senior Center – Both systems had exceeded their useful life and the new components installed are more efficient so will save energy in the long term.
The improvements have been installed in accordance with the contract documents and to the satisfaction of City staff. It is therefore recommended that the City Council accept the Energy Services Project as complete so that the Notice of Completion can be filed with the County and final payment can be made to Engie.
ATTACHMENTS:
1. Resolution
2. Notice of Completion
31 HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES ACCEPTING THE ENERGY SERVICES PROJ ECT AS COMPLETE FOR A TOTAL AMOUNT OF $4 ,005,348 AND
AUTHORIZING THE FILI NG OF THE NOTICE OF COMPLETION WITH THE CONTRA COSTA COUNTY RECORDER’S OFFICE
WHEREAS, the Energy Services Project was completed by Engie under a design/build contract which was awarded by City Council on June 9, 2020; and
WHEREAS, this project designed and constructed energy conservation and generation improvements including solar arrays, City building interior and exterior LED lighting conversions, City streetlight conversions to LED, retrocommissioned the Library HVAC and controls, installed new digital thermometers in buildings, and completed major HVAC upgrades to City Hall and the Senior Center; and
WHEREAS, Engie diligently prosecuted the work to completion; and
WHEREAS, the work was completed in accordance with the contract specifications and to the satisfaction of the City Engineer; and
WHEREAS, this project was completed for $ 4,005,348 and much of the cost of financing will be paid through the energy savings; and
WHEREAS, the net energy savings over the 30-year life of the project is projected to be $2.65M.
NOW, THEREFORE, BE IT RESOLVE D by the City Council of the City of Hercules that the City Council hereby accepts the Energy Services Project as complete for a total amount of $4,005,348 and authorizes the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd day of February, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lori Martin, MMC, City Clerk
32 NOTICE OF COMPLETION
Recording Requested By:
___________________________
When Recorded Mail To:
___________________________
___________________________
___________________________
___________________________
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the Owner or agent of the Owner of the Project described below.
2. Owner’s full name is __CITY OF HERCULES______________________.
3. Owner’s address is __111 CIVIC DRIVE, HERCULES, CA 94547_______.
4. The nature of Owner’s interest in the Project is:
_X_ Fee ownership __ Lessee __ Other:________________________
5. Construction work on the Project performed on Owner’s behalf is generally described as follows: __ENERGY SERVICES PROJECT
6. The name of the original Contractor for the Project is:
ENGIE SERVICES U.S. Inc._____________________________
500 12TH STREET, SUITE 300, OAKLAND CA 94607-4087.
7. The Project was completed on: __FEBRUARY 22, 2022__________________.
8. The Project is located at: __111 CIVIC DRIVE, Hercules, CA 94547.
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.
__________________________ ________________________________________ Date and Place Signature of Person Signing on Behalf of Owner
MIKE ROBERTS,
PUBLIC WORKS DIRECTOR/CITY ENGINEER_
Print Name and Title
33 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer
SUBJECT: Resolution Authorizing the City to Submit Applications to CalRecycle For Grant Funding
RECOMMENDED ACTION:
Adopt a resolution authorizing the City to submit applications to the California Department of Resources Recycling and Recovery (CalRecycle) for grant funding.
FISCAL IMPACT OF RECOMMENDATION:
At this time CalRecycle is offering a non-competitive grant program to assist local agencies with the implementation of SB 1383, the Short-Lived Climate Pollutant Reduction Act. The grant amount for Hercules is $34,944. To receive this funding and be eligible for future grant opportunities, CalRecycle is requiring local jurisdictions approve a resolution authorizing the submittal of grant fund ing applications.
SUMMARY:
CalRecycle is enhancing their policies and procedures and now require cities submit a Council resolution authorizing applications for grant funding opportunities, similar to the California Department of Transportation (Caltrans) process.
Concurrently CalRecycle is administering a grant program meant to provide local agencies financial assistance in the implementation of regulatory requirements associated with SB 1383, the Short-Lived Climate Pollutant Reduction Act.
SB1383 was signed into law by Governor Brown in 2016. It is the most significant waste reduction mandate to be adopted in California in the last 30 years and focuses on the reduction of emissions from short-lived climate pollutants (SLCP). SB 1383 establishes statewide targets to reduce emissions of SLCP of 75% by 2025; and requires that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025.
The grant funding can be used for:
34 Capacity Planning
Collection
Edible Food Recovery
Education and outreach (includes organic waste & edible food recovery) Enforcement and Inspection
Program Evaluation/Gap Analysis
Procurement Requirements
Record Keeping
At this time staff envisions the funding being used for procurement planning, recordkeeping, reporting, purchasing of SB 1383-qualifying products including compost, mulch, and recycled content paper products, conducting site visits to commercial waste generators that are required to participate in the organics collection program including training, right-sizing, advice on how to place containers, and inspection for contamination as applicable. The funding will become available in April and staff will be refining the tasks to be funded under this new program in the upcoming months.
Attachments:
1. Resolution
35 HERCULES CITY COUNCIL
RESOLUTION 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCU LES
AUTHORIZING SUBMITTA L OF APPLICATION TO THE STATE DEPARTM ENT
OF RESOURCES RECYCLI NG AND RECOVERY (CAL RECYCLE) FOR PAYMENT
PROGRAMS AND RELATED AUTHORIZATIONS
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and
WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.
NOW, THEREFORE, BE IT RESOLVED that the City of Hercules is authorized to submit an application to CalRecycle for any and all payment programs offered; and
BE IT FURTHER RESOLVED that the City Manager, or his/her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment; and
BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Signature Authority or this governing body.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22 nd day of February, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lori Martin, MMC, City Clerk
36 REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Extension of Contract with Lew Edwards and FM3 Contract to the Lew Edwards Group for Polling and Strategic Communication Services for Ballot Measures to Extend the Utility Users Tax, and the Viability of Becoming a Charter City for the Limited Purpose of Increasing the Real Property Transfer Tax
RECOMMENDATION ACTION:
Adopt a resolution authorizing the City Manager to execute an agreement for Election Opinion Poll Services with the Lew Edwards Group for an amount not to exceed $131,250 subject to the City Attorney’s review and available budget appropriations.
FISCAL IMPACT:
The total contract extension costs for the next phase of Polling and Strategic Communication Service s is a not -to-exceed amount of $131,250. Task one services , detailed in Exhibit A, shall not exceed $63,750, and project management services will be charged a rate not to exceed $7,500 per month for a 9-month period, or $67,500.
The cost of designing, printing , and mailing informational mailers is not included in t he contract extension. The proposed Lew Edwards Group scope of work presumes that the consultant will provide word copy content for educational materials and the City will procure for design/print/mail services separately. Staff will return to Council for an additional allocation for educational materials in the near future.
EXECUTIVE SUMMARY:
In late 2021, the City awarded a contract to the Lew Edwards Group, and FM3 Research to determine the public opinion of registered voters regarding 1) the feasibility of going to 37 the voters in November 2022 or November 2024 to extend the existing Utility Users Tax (UUT) prior to its expiration on January 1, 2025, and 2) the viability of becoming a charter city for the limited purpose of increasing the Real Property Transfer Tax (RPTT).
Lew Edwards and FM3 Research completed the public opinion survey and made a presentation about their findings and recommendations related to the UUT and RTTP initiatives on February 9, 2022 . A summary of the polling results and the associated PowerPoint presentation is attached for your review (Attachment 1 and Attachment 2).
The results of the public opinion survey revealed that City is in a strong position to renew its existing, voter-approved utility users tax (UUT) measure in November 2022. The public opinion of Hercules becoming a Charter City for the purpose of adopting a local Real Property Transfer Tax (RPTT) was mixed. Thirty-nine percent (39%) of voters polled were in support, thirty-nine percent (39%) were opposed, and twenty percent (20%) were undecided. Based on these findings, Lew Edwards recommended that the City further educate and engage the community around the potential Charter City/RPTT measure and conduct another public opinion survey to further evaluate its fe asibility for placement on the November 2022 or 2024 election ballots.
After receiving the report, Council directed staff to return with a proposal from Lew Edwards and FM3 for additional education and polling services.
BACKGROUND AND ANALYSIS:
The Lew Edwards Group and FM3 propose to provide the following consulting services to the City of Hercules (beginning March 1, 2022, and projected to end on November 15, 2022):
Through subcontractor FM3 Research, develop a second dual-mode survey questionnaire of approximately 20 minutes for up to 400 City of Hercules respondents to assess additional measure viabilities (phone interviews will have English/Spanish language capacity)
Design, recommend and provide word copy content for Communications Toolkit and informational materials/outreach (City to design, print and mail at its own expense outside of this agreement)
Review survey data, analyze results , and present a detailed analysis of poll findings
Prepare briefing materials to the City Council and complete a Final Report Review and advise on all ballot measure components and staff reports.
Attachments:
38 1. Attachment 1 - Resolution Authorizing the City Manager to Execute an Agreement Extension with the Lew Edwards Group and FM3 Research for an amount not to exceed $131,250 for Tax Measure Advisory Work
2. Attachment 2 - Exhibit A – Task One Scope of Services & Exhibit B – Comp Schedule for Task Two
3. Attachment 3 - Summary Report of January 2022 Community Survey Result
4. Attachment 4 – Council Presentation on January 2022 Community Survey Result
5. Attachment 5 - January 2022 Community Opinion Survey Questions
6. Attachment 6 - November 9, 2021 Award of Contract to the Lew Edwards Group 39
Resolution 22-
HERCULES CITY COUNCIL
RESOLUTION 22-
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
EXTENSION WITH THE LEW EDWARDS GROUP AND FM3 RESEARCH FOR AN AMOUNT NOT TO EXCEED $131,250 FOR TAX MEASURE ADVISORY WORK
WHEREAS, the City of Hercules relies on a voter-approved Utility Users Tax (UUT) measures to provide sufficient ongoing revenues to sustain our current reduced levels of service; and
WHEREAS, the UUT measure, sunsets in January 2025; and
WHEREAS, the UUT measure is estimated to generate over $3.5 million in revenue in the fiscal year which ends June 30, 2022; and
WHEREAS, without the UUT Hercules would not be in the position to continue to provide the services important to our community even at our current reduced levels; and
WHEREAS, Hercules still receives a low share of property taxes relative to other cities in the County, and the City’s retail tax base is not currently enough to cover the cost of providing basic services to City residents; and
WHEREAS, ongoing efforts to generate revenue through economic development and to reduce expenditures by becoming more efficient will not result in sufficient increases in revenues to replace revenues generated by the voter-approved measures prior to the sun setting; and
WHEREAS, the City of Hercules is a general law city and would like to explore becoming a charter city for the purpose of increasing the Real Property Transfer Tax; and
WHEREAS, it is highly beneficial and advisable to engage the services of a professional consultant that specializes in public outreach and strategic planning for local revenue measures; and
WHEREAS, the consulting team comprised of Lew Edwards Group and FM3 Research was chosen by the City through a competitive interview process to provide Polling and Strategic Communications for the UUT and RPTT initiatives; and
WHEREAS, the Lew Edwards Group was effective in successfully assisting the City with several prior ballot measures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
40
Resolution 22-
1. That the City Council hereby authorizes the City Manager to execute an agreement extension with Lew Edwards Group and FM3 to provide professional consulting services related to possible revenue enhancement measures for a future ballot.
2. That the City Council hereby authorizes the expenditure of an amount not to exceed $131,250 from the approved general fund for consultants to the City Manager.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd day of February, 2022 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
DION BAILEY, Mayor
ATTEST:
________________________________
LORI MARTIN, Administrative Services Director/City Clerk 41 EXHIBIT A – TASK ONE SCOPE OF SERVICES
The Lew Edwards Group (“Consultant”) will provide the following Task Two Polling and Strategic Communications Ballot Measure consulting services to the City of Hercules:
Consultant shall, with consultation from Clie nt, provide Task Two services, including the following:
(a) Collaborating with City staff for a well-organized project effort (b) Scheduling regular project planning meetings with City staff to address ongoing project activities and needs
(c) Through subcontractor FM3 Research, develop a second dual mode survey questionnaire of approximately 20 minutes for up to 400 City of Hercules respondents to assess additional measure viabilities (phone interviews will have English/Spanish language capacity); (d) Design, recommend an d provide wor d copy conten t for Communications Toolkit and informational materials/outreach (City to design, print and mail at its own expense outside of this agreement)
(e) Review survey data, analyze results and present detailed analysis of poll findings; (f) Work with City staff to prepare briefing materials to the City Council and complete a Final Report; and
(g) Add value to ballot measure components and staff reports.
The term and scope of services of this initial A greement shall commence effective March 1, 2022, and are projected to end on November 15, 2022.
The parties expressly agree that legal advice is not within Consultant’s scope of services.
42 EXHIBIT B – COMPENSATION SCHEDULE FOR TASK TWO
Consultant’s Task One services shall not exceed Sixty-three Thousand, Seven Hundred and fifty Dollars ($63,750) due and payable as follows by the City of Hercules:
• For project management and p rofessional services, the rate of Seven Thousand, Fiv e Hundred Dollars ($7,500) per payment on the last bus iness day of each month commencing March 31 st and ending on November 30 th, 2022 (the month of November shall be prorated to half of the month); and
• For survey development and interviews, upon invoice by consultant.
43 To: Hercules City Manager Dante Hall
From: Lew Edwards Group and FM3 Research
Date: February 4, 2022
Re: Summary Report of January 2022 Community Survey Results
INTRODUCTION
Together with City Executive Staff, Lew Edwards Group (LEG) and FM3 Research (FM3) designed an updated 2022 City of Hercules Community Survey to evaluate customer satisfaction, resident priorities for services, and community interest in potential local funding measures.
Survey interviews were conducted by FM3 January 3 -17th. LEG/FM3 is pleased to report 324 completed interviews, which is more tha n the 245 respondents willing to respond in the last survey conducted in the City in 2015 . The Margin of Error on the full sample is +/ - 5.4% at the 95% confidence level.
VIEWS OF THE CITY
Having serv ed the City ’s sustainability needs over the course of the past decade, LEG /FM3 have a unique view on how resident perspectives have evolved over time.
2022 survey respondents clearly view life in Hercules through a more positive lens. Today, those who say things are off on the wrong track are at a record low, and 56% of respondents feel the City is headed in the “right direction” -- a 25 point increase from when we started our collaboration with the City in 2012.
A majority of respondents feel the City is doing an “excellent” or “good” job providing services, and a plurality believe the City is doing a good job managing its budget and finances . At the same time, perceptions of city inefficiency and corruption have continued to steadily decline since 2012 , with perceptions of c orruption, cronyism, waste, or inefficiency dropping from a high of 63% in 2012 to 24% today.
While confidence has softened since our 2015 collaboration, it is still stronger than many other cities are currently experiencing and is likely due to the uncertain COVID times . This is a testament to City leadership’s hard work during these trying times.
44 MEASURE VIABILITIES
There were three measures evaluated in the 2022 study.
Renewal of Existing Voter-Approved UUT, with No Increase in Tax Rate
The City is in a strong position to renew its existing, voter-approved utility users tax (UUT) measure in November 2022 . The following ballot question (reviewed and approved by the City Attorney) was tested three times in the study:
CITY OF HERCULES NO TAX INCREASE/FINANCIAL STABILITY MEASURE: Shall an ordinance to maintain Hercules’ long -term financial stability and essential city services, such as neighborhood police patrols; crime prevention; street and pothole repair; and youth an d senior programs, by renewing an existing, voter -approved 8% utility users’ tax, generating approximately $3,600,000 annually until ended by voters, with no tax increase, low -income exemptions, independent citizens’ oversight, annual audits, and funding that cannot be taken by Sacramento, be adopted?
This simple majority requirement measure be gins with a 67% viability threshold on the first ballot test, stays consistent at 69% on the second test, and remains at 66% on the final, third ballot test. As there is no statistical difference in these perce ntages, this measure is strongly supported by respondents and remains remarkably consistent through the entire progression of the survey.
Based on this evaluation, LEG/FM3 recommend the City proceed with planning for placement of this measure on the City’s regularly scheduled Municipal Election.
City Charter Measure
Each of the two following measures were tested once in the study:
CITY OF HERCULES CITY CHARTER/LOCAL CONTROL MEASURE. To enhance local control over funding essential city services, shall the City of Hercules Charter be adopted to establish Hercules as a Charter City with the ability to adopt a local real property transfer tax, subject to voter approval? The City Council’s powers otherwise remain unchanged and are limited by State general law, and any other powers as a charter city would have to be approved by voters. Do yo u think you would vote “yes” or “no” on this measure?
This simple majority-requirement Charter measure receives 39% support. While this percentage is not unusual for other LEG cities who have enacted similar measures, it bea rs noting that in Hercules's case, the percentage opposition to this measure is also 39%, whic h is far higher than in our other successful cities. The percentage of undecideds are therefore much lower in Hercules (around 20%) than in other successful jurisdictions.
45 Based on t he community ’s current reaction to this measure LEG/FM3 advise a longer runway of preparation for the 2024 election cycle to provide time for the City to educate the community about this measure concept if desired.
Real Property Transfer Tax (RPTT) Measure
The following companion rev enue measure to the Charter Measure was also tested once in the survey:
CITY OF HERCULES ESSENTIAL SERVICES PROTECTION MEASURE. Shall an ordinance to expand locally controlled funding for essential city services such as improving 911 r esponse times, disaster preparedness/ safe routes to school; retaining/ attracting businesses; keeping public areas/ parks safe/ clean; by enacting a real property transfer tax (paid only by buyers and sellers of property at the time of sale), until ended by voters and requiring annual audits, no funds for Sacramento, be adopted?
The test of t his simple majority-requirement companion RPTT measure is at 53% which is within the MOE for the survey. As this type of funding mechanism is reliant on the companion Charter Measure being adopted, as noted above, deferring consideration of this measure package until 2024 is strongly advised due to the relatively low scoring reactions to both at this time.
TOP SCORING COMMUNITY PRIORITIES
An extensive battery of City services /objectives was evaluated in the study . The following seven services/objectives scored the most intensively and highly:
▪ Maintaining long-term financial stability - 88%
▪ Preventing funds being taken by Sacramento - 87%
▪ Meeting water quality health standards - 86%
▪ Maintaining fiscal accountability - 86%
▪ Maintaining 911 response times - 85%
▪ Keeping public areas and parks safe and clean - 84%
▪ Keeping funds local - 81%
INFORMATIONAL STATEMENTS
The following paraphrased informational facts resonated most strongly and effectively with survey respondents.
Budget Implications: Without this funding, the City will lose $3.6 million every year, which is over 20% of the City's budget. T he City may have no choice but to slash basic city services just to balance its budget, including police and neighborhood patrols, street maintenance, parks, senior services, youth programs, economic development, and others.
46 Maintaining Local Public Safety Services : Measure C has maintained police services. I f it is not renewed, the City will be forced to seriously consider major cuts to our police department, which could impact crime prevention and 911 response times.
Quality of Life: Hercules is a place where people desire to live and raise families. If the City is forced to continue cutting basic city services, the character of our community and its quality of life will decline. Renewing local funding helps protect and maintain esse ntial City services that make our community a safe, well-maintained place to live.
Finally, it b ears noting that the study found that virtually half of Hercules respondents were concerned about the am ount they were paying in utilities -- viewing it as an “extremely” or “very” serious problem. In these uncertain COVID times LEG/FM3 would caution the City about over - reaching to consider any increase or changes to the actual UUT rate . These results show your constituents clearly value maintaining existing voter-approved funding for the City’s long-term fiscal stability with no tax rate increase, but do not speak to the viability of a potential increase in the rate.
RECOMMENDATIONS/ NEXT STEPS
Educating and engaging your residents around the City’s budget, service needs and local priorities is vital to maintaining measure viability. LEG/FM3 re commend the City educate and engage the community during the upcoming budget process to collect more input and keep the public updated on your challenges.
As in past collaborations with the City, LEG’s recommended Public Information toolkit will include the following:
▪ Informational Speakers’ Bureau : City staff should visit those organizations in -person or through their scheduled online meetings to solicit feedback and provide information , which was highly effective and well-received by the community in past collaborations.
▪ Opinion Leader Communications and Outreach : Communicating the results of this survey provides the City with an opportunity to engage opinion leaders and expand the conversation with high-level leaders.
▪ Website/Newsletters/Social Media: Facts and information about the City’s financial condition should be placed on the City’s website, Facebook Page and Twitter feed. LEG will be recommending an E -Update & Social Media Plan to engage the public, get more feedback, and provide information.
▪ Media Response & Earned Media: Any opportunity to respond to the media should be treated with high importance and an opportunity to share information with the community.
▪ City Newsletter: Producing and mailing printed City Newsletters are recommended to engage and inform the Community about City service needs and priorities. While the Speakers’ 47 Bureau and Opinion Leader letters are extremely effective forms of communication, direct mail remains one essential component of a comprehensive, multi-disciplinary communications plan especially for seniors.
▪ Citizens Advisory Committee engagement: In LEG /FM3’s past collaborations with the City, the Her cules Citizens Advisory Committee has always been involved a s a highly credible community messenger, and we look forward to collaborating with the Committee again.
THUMBNAIL TIMELINE IF PREPARING FOR A NOVEMBER 2022 PLACEMENT
LEG/FM3 are looking forward to finalizing a graph presentation of Community Survey highlights for presentation to the City Council on February 8th. The following is a thumbnail outline of the timetable and key activities if planning for a November 2022 measure:
February – May: Update City Council, authorize continued project planning Engage Influentials and Community at Large
Solicit additional community feedback, report back to public Utilize budget consideration/adoption engagement and
messaging opportunities
June – July: Prepare ballot measure documents
Place measure on Municipal Election ballot
August – November: Submit ballot measure documents to County ROV Develop Municipal Election Communications Toolkit
Provide Municipal Election/Measure Information to public Thank the community for participating
November – December: Evaluate 2022 activities
If desired, commence assessment, planning and engagement for charter/RPTT activities
48 Highlights of
City of Hercules
Community Issues and
Budget Priority Survey
220-6254
49 2
Project Objectives
Conduct Hercules Community Survey to
assist with City Council goal-se
tting and
long-term budget and service delivery
planning
Gather statistically reliable information on
community priorities and
views
Report back on results
Utilize results for additional community
eng
agement and project planning
50 3
Key Survey Highlights
•Congratulations! The Hercules community continues to feel the City is doing an “excellent/good” job providing services •A plurality feel the City is doing a good job managing its budget/finances, with past concerns dropping significantly •Ballot Measure viability:
A No-Tax Increase Renewal of the existing, voter-approved UUT is viable in 2022
A City Charter Measure will need a longer runway beyond 2022 to fully inf
orm the community of its specifics
At the time the City is ready to proceed with a City Charter Measure, a R
eal Property Transfer Measure is likely to be viable
51 4
Dates January 3-17, 2022
Survey Type Dual-mode Voter Survey
Research Population Likely November 2022 Voters in the City of Hercules Total Interviews 324
Margin of Sampling Error (Full Sample) ±5.4% at the 95% Confidence Level (Half Sample) ±7.7% at the 95% Confidence Level
Contact Methods
Dat
a Collection Modes
Languages Telephone interviews were offered in English and Spanish (Note: Not All Results Will Sum to 100% Due to Rounding) Survey Specifics and Methodology
Telephone
Calls
Email
Invitations
Telephone
Interviews
Online
Interviews
52 5
Impressions of Life
in Hercules and of
City Government
53 6
Today, those who say things are off
on the wrong track are at a record low.
Would you say that things in the City of Hercules are generally headed in the right direction or do you feel that things are off on the wrong track? 56%
63%
41%
31%
27%
16%
23%
24%
17%
21%
36%
45%
January 2022
March/April 2015
February 2013
February/March 2012
Right direction Mixed*/Don't Know Wrong track
54 7
Crime and traffic are among the most serious
issues perceived to be impacting the City today.
I'd like to read you a list of issues that some people say may be local problems. Please tell me whether you think it is an extremely serious problem, a very serious problem, somewhat serious problem, or not too serious a problem in the City of Hercules. 28%
37%
31%
21%
19%
17%
15%
11%
13%
9%
33%
23%
21%
28%
27%
26%
28%
23%
20%
18%
24%
25%
25%
30%
35%
31%
26%
36%
39%
27%
13%
16%
19%
19%
17%
21%
31%
28%
26%
40%
6%
6%
Increase in property crimes like burglaries
and car thefts
Traffic congestion on local freeways and
highways
The cost of housing
^The amount you pay in utilities
The cost of living
^The amount people pay in local taxes
Potholes and deteriorating streets
Crime in general
The condition of the local economy
The number of homeless residents in
Hercules
Ext. Ser. Prob. Very Ser. Prob. Smwt. Ser. Prob. Not Too Ser. Prob. Don't Know Ext./Very Ser. Prob.
61%
59%
52%
49%
46%
43%
43%
34%
33%
27%
55 8
Most issues about corruption or
mismanagement in City government are
not perceived to be serious issues today.
I'd like to read you a list of issues that some people say may be local problems. Please tell me whether you think it is an extremely serious problem, a very serious problem, somewhat serious problem, or not too serious a problem in the City of Hercules. Split Sample 12%
12%
10%
12%
10%
9%
27%
17%
20%
16%
18%
16%
28%
39%
33%
32%
17%
26%
15%
19%
32%
19%
25%
16%
18%
14%
5%
21%
31%
33%
Budget shortfalls in Hercules
city government
A lack of transparency in
city government
Insufficient city services to maintain
a good quality of life
Waste and inefficiency in
city government
Corruption in City government
Too much cronyism and nepotism
in City government
Ext. Ser. Prob. Very Ser. Prob. Smwt. Ser. Prob. Not Too Ser. Prob. Don't Know Ext./Very Ser. Prob. 39%
29%
29%
28%
27%
24%
56 9
Q6b, e-g, i-n. I'd like to read you a list of issues that some people say may be local problems. Please tell me whether you think it is an extremely serious problem, a very serious problem, somewhat serious problem, or not too serious a problem in the City of Hercules. ^Not Part of Split Sample Perceptions of city inefficiency and corruption
have continued a steady decline since 2012.
(Extremely/Very Serious Problem)
Issue February/March
2012
February
2013
March/April
2015
January
2022
Difference
(2022-2015)
Potholes and deteriorating streets 16% 25% 28% 43% +15% ^The amount people pay in local taxes 36% 41% 30% 43% +13% Crime in general 19% 38% 27% 34% +7%
Insufficient city services to
maint
ain a good quality of life -- -- 24% 29% +5%
Corruption in City government 63% 59% 32% 27% -5%
The condition of the local economy 50% 53% 44% 33% -11% Too much cronyism and nepotism
in City g
overnment -- 49% 36% 24% -12%
A lack of transparency
in city g
overnment 57% -- 42% 29% -13%
Budget shortfalls in Hercules
city gov
ernment 58% 63% 53% 39% -14%
Waste and inefficiency
in city g
overnment 63% 57% 43% 28% -15%
57 10
2%
39%
22%
16%
22%
7%
45%
33%
8%
6%
A majority rate the City’s job at providing services
highly, and a plurality believe the City is doing a good job at managing its budget and finances.
How would you rate the overall job being done by the current Hercules city government in providing services to the City’s residents? Would you say the City is doing an excellent job, a good job, an only fair job, or a poor job at providing services to City residents? Split Sample How would you rate the job being done by the current Hercules city government in managing the City’s budget and finances? Would you say the City is doing an excellent job, a good job, an only fair job, or a poor job in managing the City’s budget and finances? Split Sample Excellent/
Good
52%
Ratings for City Services Ratings for Budget & Finances (Split Sampled: n=162)
Excellent
Good
Just fair
Poor
Don’t know
Excellent/
Good
40%
58 11
Today’s ratings for City services
are the highest over the past decade.
How would you rate the overall job being done by the current Hercules city government in providing services to the City’s residents? Would you say the City is doing an excellent job, a good job, an only fair job, or a poor job at providing services to City residents? Ratings for City Services, n=162
Year February/March
2012
February
2013
March/April
2015
January
2022
Excellent 8% 4% 1% 7%
Good 24% 27% 40% 45%
*Just f
air 37% 50% 43% 33%
Poor 26% 13% 10% 8%
32%
31%
41%
52%
59 12
Similarly, ratings for financial management are
overall more positive than in previous years
How would you rate the job being done by the current Hercules city government in managing the City’s budget and finances? Would you say the City is doing an excellent job, a good job, an only fair job, or a poor job in managing the City’s budget and finances? Ratings for Budget & Finances, n=162
Year February/March
2012
February
2013
March/April
2015
January
2022
Excellent 6% 3% 4% 2%
Good 12% 25% 33% 39%
*Just f
air 35% 45% 38% 22%
Poor 36% 24% 17% 16%
18%
28%
37%
41%
60 13
Over six in ten also continue to believe the
City has a need for additional funding.
24%
28%
35%
38%
37%
36%
12%
10%
7%
16%
17%
13%
9%
9%
9%
January 2022
March/April 2015
February 2013
Great Need Some Need A Little Need No Real Need Don't Know Great/ Some
Need
62%
65%
71%
Do you think there is a great need, some need, a little need, or no real need for additional funds to provide the level of city services that residents of the City of Hercules need and want? 61 14
Reactions to a Potential
Ballot Measure
Continuing Hercules’s
Existing, Voter-
Approved Utility Users’
Tax (Measure C)
62 15
Potential Ballot Measure to Continue 8% UUT
(As Approved by City Attorney; 50% +1 vote threshold)
CITY OF HERCULES NO TAX INCREASE/FINANCIAL
STABILITY MEASURE:
Shall an ordinance to maintain Hercules’ long-term
financial
stability and essential city services, such as
neighborhood police patrols; crime prevention; street and pothole repair; and youth and senior programs,
by renewing an existing, voter-approved 8% utility users’ tax, generating approximately $3,600,000 annually until ended by voters, with no tax increase, low-income
exemptions, independent citizens’ oversight, annual audits, and funding that cannot be taken by Sacramento,
be adopted?
Please note viability is contingent on ballot language tested. 63 16
Two-thirds expressed support for the potential simple
majority requirement, No Tax Increase UUT Renewal.
Do you think you would vote “yes” or “no” on this measure? 32%
31%
4%
2%
9%
16%
6%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
67%
Total
No
27%
63% without those
“leaning yes”
Note: Majority
support was
consistent across all
demographic groups.
64 17
These is a connection between the perception of need
for additional funding and support for the measure.
Do you think you would vote “yes” or “no” on this measure? Initial Vote by Need for Funding
80%
75%
47%
6%
5%
17%
19%
48%
Great Need
Some Need
A Little/No Real Need
Total Yes Undecided Total No
65 18
There is not a significant difference in support
between a June and November electorate.
Do you think you would vote “yes” or “no” on this measure? 32%
31%
4%
2%
9%
16%
6%
32%
27%
5%
2%
9%
18%
7%
Total
Y
es
64%
Total
No
29%
Total
Yes
67%
Total
No
27%
Likely June 2022
(MOE +/-7.3%)
Likely November 2022
(MOE +/-5.4%)
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
66 19
Support remained consistently
strong over the course of the survey.
Do you think you would vote “yes” or “no” on this measure? 32%
31%
4%
2%
9%
16%
6%
Total
Yes
67%
Total
No
27%
Initial Vote Third Ballot TestSecond Ballot Test
38%
27%
5%
3%
6%
14%
8%
Total
Yes
69%
Total
No
23%
34%
28%
4%
2%
7%
17%
8%
Total
Yes
66%
Total
No
26%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
67 20
The Community’s
Budget Priorities
68 21
49%
54%
51%
45%
54%
41%
41%
44%
40%
37%
43%
39%
33%
35%
41%
31%
43%
40%
35%
39%
43%
35%
9%
10%
13%
12%
13%
13%
16%
16%
18%
17%
17%
5%
Maintaining the City's long-term
financial stability
Preventing funds from being taken
by Sacramento
Meeting local water quality health standards
Maintaining fiscal accountability
^Maintaining 911 police response times
^Keeping public areas and parks healthy,
safe and clean
Keeping funds local
^Retaining and attracting local businesses
Maintaining crime prevention programs
^Protecting and maintaining essential
City services
^Maintaining the number of police officers
patrolling neighborhood streets
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know Respondents highly prioritized maintaining the
City’s long-term financial stability and preventing
funds from being taken by Sacramento.
I am going to read you a list of ways in which funds generated by a ballot measure could be spent. Please tell me how important that item is to you personally:
extremely important, very important, somewhat important, or not too important. ^Part of Split Sample Ext./Very
Impt.
88%
87%
86%
86%
85%
84%
81%
79%
79%
79%
78%
69 22
Ext./Very
Impt.
75%
71%
71%
71%
71%
70%
68%
68%
67%
Respondents also prioritized maintaining safe
places for children to play & reducing traffic.
I am going to read you a list of ways in which funds generated by a ballot measure could be spent. Please tell me how important that item is to you personally: extremely important, very important, somewhat important, or not too important. ^Part of Split Sample 48%
45%
38%
36%
34%
32%
36%
32%
32%
26%
25%
33%
35%
37%
39%
32%
37%
36%
23%
17%
19%
24%
25%
22%
21%
23%
28%
11%
6%
7%
10%
7%
5%
Maintaining safe places for children to play
Reducing traffic congestion by completing the
bus, train, and ferry service planned for the
Hercules Waterfront
Preventing cuts to police services
^Responding to public nuisances
Repairing streets and roads
Maintaining youth programs
Improving safe routes to school
Repairing broken and deteriorating sidewalks
Maintaining parks
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know 70 23
Ext./Very
Impt.
65%
65%
64%
64%
60%
58%
54%
38%
Recreation projects and programs are also
extremely or very important by over six-in-ten.
I am going to read you a list of ways in which funds generated by a ballot measure could be spent. Please tell me how important that item is to you personally:
extremely important, very important, somewhat important, or not too important. Split Sample 24%
23%
36%
27%
33%
27%
17%
17%
41%
41%
29%
37%
27%
31%
36%
20%
26%
26%
22%
24%
24%
33%
34%
40%
8%
9%
12%
12%
13%
7%
12%
21%
Maintaining park restrooms and sports fields
Keeping the senior center open
Maintaining after-school programs
Improving crosswalk safety for
disabled residents
Maintaining clean drinking water fountains
at parks
Maintaining senior programs
Upgrading park facilities
Bringing back suspended annual festivals,
concerts and special events such as the Cultural
Festival, Fourth of July Parade, and fireworks
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know 71 24
Potential Measures
Adopting a City Charter
and Establishing a City
Property Transfer Tax
72 25
Potential Charter City Establishment Measure
Do you think you would vote “yes” or “no” on this measure?
CITY OF HERCULES CITY CHARTER/LOCAL CONTROL
MEASURE.
To enhance local control over funding essential city
services,
shall the City of Hercules Charter be adopted
to establish Hercules as a Charter City with the ability to adopt a local real property transfer tax, subject to voter approval? The City Council’s powers otherwise remain
unchanged and are limited by State general law, and any other powers as a charter city would have to be
approved by voters.
(As Approved by City Attorney; 50% +1 vote threshold)
73 26
Respondents were evenly divided on
establishing a city charter in order to
establish a local property transfer tax, with
one-in-five being unsure how to vote on it.
Do you think you would vote “yes” or “no” on this measure? 18%
17%
4%
6%
15%
18%
21%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
39%
Total
No
39%
74 27
Potential Property Transfer Tax
Do you think you would vote “yes” or “no” on this measure?
CITY OF HERCULES ESSENTIAL SERVICES PROTECTION
MEASURE.
Shall an ordinance to expand locally controlled funding fo
r essential city services such as improving 911
response times, disaster preparedness/ safe routes to
school; retaining/ attracting businesses; keeping public areas/ parks safe/ clean; by enacting a real property
transfer tax (paid only by buyers and sellers of property at the time of sale), until ended by voters and requiring annual audits, no funds for Sacramento, be adopted?
(As Approved by City Attorney; 50% +1 vote threshold)
Note: This version did not include a tax rate and was
designed to assess reactions to the general concept.
Additional testing in the future will be necessary.
75 28
Support was higher for establishing the property
transfer tax (which is contingent upon enactment of
the companion Charter Measure).
Do you think you would vote “yes” or “no” on this measure? 24%
25%
3%
4%
10%
19%
13%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
53%
Total
No
34%
76 29
Key Takeaways &
Conclusions
77 30
Key Numbers & Conclusions – Life in Hercules
Feel the City of Hercules is headed in the “right direction.” View local economic conditions as an “extremely” or “very serious” problem, notably lower than at any point in the past decade.
Feel that the increase in property crimes like burglaries and car thefts is an “extremely” or “very serious” problem in Hercules, followed closely by freeway/highway traffic congestion. 56%
61%
33%
Summary:
Survey respondents clearly view life in Hercules through a positive lens and are notably less concerned about macro issues like the local economy.
However, concerns of freeway/highway traffic persist and many view increasing property crime rates as the most pressing local issue. 78 31
Key Numbers & Conclusions – City Impressions
Feel the City of Hercules is doing an “excellent” or “good” job providing services, by far the highest proportion in the past decade.
Feel the City has “a great” or “some” need for additional funding to provide services.
Feel that waste and inefficiency in Hercules City government is an “extremely” or “very serious” problem, but far the lowest proportion in the past decade.
52%
28%
62%
Summary:
Impressions of city government have continued to improve in recent years, with now a majority feeling positive about city services and only minorities concerned about government waste, corruption, and budget shortfalls. At the same time, a majority still feels the City could use additional funding. 79 32
Key Numbers & Conclusions – Budget Priorities
Feel that the big-picture goal of maintaining the City's long-term financial stability is an “extremely” or “very important” priority.
Believe maintaining 911 police response times is an “extremely” or “very important” budget priority.
Also believe it is “extremely” or “very important” to prevent funds generated from a ballot measure from being taken by Sacramento. 88%
87%
85%
Summary:
Top budget priorities include maintaining financial stability and accountability; keep funds away from Sacramento; maintaining police services, drinking water quality, and parks; supporting local businesses; and reducing traffic congestion.
80 33
Measure Viability – Measure C Renewal
Expressed initial support for a potential ballot measure renewing Measure C and continuing the City’s existing UUT at current rates.
Of likely June 2022 voters also expressed initial support for a Measure C renewal measure.
Consistently said they would vote “yes” on such a measure even after being presented with supportive and critical statements. 67%
56%
64%
Summary:
Support for a ballot measure continuing Hercules’s existing UUT and renewing Measure C appears robust for a November 2022 election. Assuming the necessary steps are taken to allow for a majority vote threshold, a June 2022 election also appear viable. Given current electoral circumstances, this support appears durable.
81 34
Measure Viability – Charter/RPTT Measures
Expressed support for a potential ballot measure adopting a city charter in order to establish a local, real property transfer tax.
Expressed support for establishing a real property transfer tax.
Were “undecided” as to how they would vote on such a measure. 39%
21%
53%
Summary:
Voters are unsure as to whether Hercules should adopt a city charter with the limited capability of establishing a real property transfer tax. However, opposition was not so strong as to rule out the possibility. While such a combination of measures does not appear viable in 2022, future communications, education and engagement may help clarify positions. 82 35
Next Steps
•Decide on Election Timing for viable measures
•If planning for a November 2022 Measure C Renewal:
Feb – May: Authorize continued project planning
Engage Community, solicit more input
Maximize messaging during budget
June –July: Prepar e Measure C Renewal documents
City Council action to place measure
Aug-Nov: Submit documents t o CoCo ROV
Develop Municipal Election
Communications Toolkit
Provide information to the community
Nov-Dec: Assess 2022 pr ogram
If desired, commence planning for future
measures
83 For more information,
contact:
Curt Below
[email protected]
Laura Covarrubias
[email protected]
The Lew Edwards Group
[email protected]
84 DECEMBER 22, 2021
CITY OF HERCULES COMMUNITY ISSUES AND BUDGET PRIORITY
SURVEY
220-6254
FINAL
A/B SPLITS
CONSULTANT WORKING DRAFT. NOT FOR PUBLICATION.
Hello, I'm ___________ from ________, a public opinion research company. I am definitely NOT trying to sell you anything. We are conducting an opinion survey about issues that interest people living in Hercules, and we are only interested in your opinions. May I speak to ______________? ( YOU MUST SPEAK TO THE VOTER LISTED. VERIFY THAT THE VOTER LIVES AT THE ADDRESS LISTED, OTHERWISE TERMINATE. IF NOT AVAILABLE, ASK WHEN IT WOULD BE CONVENIENT TO CALL AGAIN.) (IF RESPONDENT REPLIES IN SPANISH OR DESIRES TO SPEAK IN SPANISH,
FOLLOW THE ESTABLISHED PROCEDURE FOR HANDING OFF TO A BILI NGUAL INTERVIEWER.)
(ONLY ASKED ON TELELPHONE)
A. Before we begin, I need to know if I have reached you on a cell phone, and if so, are you in a place where you can talk safely without endangering yourself or others?
Yes, cell and can talk safely ------------------------------------------------------ 1 Yes, cell but cannot talk safely ---------------------------------- TERMINATE No, not on cell ---------------------------------------------------------------------- 2 (DON’T READ) DK/NA/REFUSED-------------------------- TERMINATE
(RESUME ASKING ALL RESPONDENTS)
1. (T) Next, would you say that things in the City of Hercules are generally headed in the right direction or do you feel that things are off on the wrong track?
Right direction ---------------------------------- 1
Wrong track ------------------------------------- 2
(DON’T KNOW/NA) ------------------------ 3
2. (T) In your personal opinion, do you think there is a great need, some need, a little need, or no real need for additional funds to provide the level of city services that residents of the City of Hercules need and want?
Great need --------------------------------------- 1
Some need --------------------------------------- 2
A little need ------------------------------------- 3
No real need ------------------------------------ 4
(DON’T KNOW/NA) ------------------------ 5
NOW I WOULD LIKE TO ASK YOU SOME QUESTIONS ABOUT A POTENTIAL BALLOT MEASURE HERCULES IS CONSIDERING FOR A FUTURE ELECTION.
85 FM3 RESEARCH 220-6254-F PAGE 2
3. It may read as follows:
CITY OF HERCULES NO TAX INCREASE/FINANCIAL STABILITY MEASURE:
Shall an ordinance to maintain Hercules’ long-term financial stability and essential city services, such as neighborhood police patrols ; crime prevention; street and pothole repair ; and youth and senior programs, by renewing an existing, voter -approved 8 % utility users’ tax, generating approximately $3,600,000 annually until ended by voters, with no tax increas e, low-income exemptions, independent citizens’ oversight, annual audits, and funding that cannot be taken by Sacramento, be adopted?
Do you think you would vote “yes” or “no” on this measure? (IF YES/NO, ASK: “Is that definitely or just probably YES/NO?”) (IF UNDECIDED, DON’T KNOW, NO ANSWER, ASK: “Do you lean toward voting yes or no?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON’T READ) DK/NA -------------------- 7
NOW I AM GOING TO ASK YOU ABOUT SOME GENERAL ISSUES FACING THE CITY OF HERCULES.
(SPLIT SAMPLE A ONLY)
4. (T) First, how would you rate the overall job being done by the current Hercules city government in providing services to the City’s residents? Would you say the City is doing an excellent job, a good job, an only fair job, or a poor job at providing services to City residents?
Excellent----------------------------------------- 1
Good --------------------------------------------- 2
Just fair ------------------------------------------ 3
Poor ---------------------------------------------- 4
(DON’T KNOW/NA) ------------------------ 5
(SPLIT SAMPLE B ONLY)
5. (T) Next, how would you rate the job being done by the current Hercules city government in managing the City’s budget and finances? Would you say the City is doing an excellent job, a good job, an only fair job, or a poor job in managing the City’s budget and finances?
Excellent----------------------------------------- 1
Good --------------------------------------------- 2
Just fair ------------------------------------------ 3
Poor ---------------------------------------------- 4
(DON’T KNOW/NA) ------------------------ 5
(RESUME ASKING ALL RESPONDENTS)
6. Next, I'd like to read you a list of issues that some people say may be local problems. For each one I read, please tell me whether you think it is an extremely serious problem, a very serious problem, somewhat serious problem, or not too serious a problem in the City of Hercules. (RANDOMIZE) 86 FM3 RESEARCH 220-6254-F PAGE 3
EXT VERY SMWT NOT TOO
SER SER SER SER
PROB PROB PROB PROB (DK/NA)
[ ]a. The amount you pay in utilities --------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]b. (T) The amount people pay in local taxes -------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
(SPLIT SAMPLE A ONLY)
[ ]c. Increase in property crimes like burglaries and
car thefts ----------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]d. The number of homeless residents in Hercules -------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]e. (T) Budget shortfalls in Hercules city
government -------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]f. (T) Too much cronyism and nepotism in City
government -------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]g. (T) A lack of transparency in city government --------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]h. The cost of living ------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]i. (T) The condition of the local economy ----------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
(SPLIT SAMPLE B ONLY)
[ ]j. (T) Crime in general --------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]k. (T) Potholes and deteriorating streets ------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]l. (T) Waste and inefficiency in city government -------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]m. (T) Corruption in City government ---------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]n. (T) Insufficient city services to maintain a
good quality of life ----------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]o. The cost of housing----------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]p. Traffic congestion on local freeways and
highways ----------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
87 FM3 RESEARCH 220-6254-F PAGE 4
(RESUME ASKING ALL RESPONDENTS)
NOW I WOULD LIKE TO RETURN TO THE LOCAL BALLOT MEASURE WE DISCUSSED EARLIER.
7. First, I am going to read you a list of ways in which funds generated by a ballot measure could be spent.
After I read each one, please tell me how important that item is to you personally: extremely important, very important, somewhat important, or not too important. (RANDOMIZE)
NOT
EXT VERY SMWT TOO
IMPT IMPT IMPT IMPT (DK/NA)
[ ]a. (T) Protecting and maintaining essential City
services ------------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]a. (T) Maintaining the number of police officers
patrolling neighborhood streets --------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]b. (T*) Maintaining 9-1-1 police response times --------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]c. Keeping public areas and parks healthy, safe
and clean ----------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]d. (T*) Retaining and attracting local businesses --------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]e. Responding to public nuisances ------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
(ASK SPLIT SAMPLE A ONLY)
[ ]f. Maintaining crime prevention programs ---------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]g. Maintaining parks ------------------------------------------ 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]h. Maintaining park restrooms and sports fields ---------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]i. Repairing streets and roads -------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]j. Improving crosswalk safety for disabled
residents ------------------------------------------------------ 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]k. (T) Meeting local water quality health
standards ----------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]l. (T) Keeping the senior center open ---------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]m. (T) Maintaining youth programs ------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]n. (T*) Maintaining fiscal accountability ------------------ 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]o. (T) Preventing funds from being taken by
Sacramento -------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]p. Reducing traffic congestion by completing the
bus, train, and ferry service planned for the
Hercules Waterfront ---------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
88 FM3 RESEARCH 220-6254-F PAGE 5
NOT
EXT VERY SMWT TOO
IMPT IMPT IMPT IMPT (DK/NA)
(ASK SPLIT SAMPLE B ONLY)
[ ]q. (T) Preventing cuts to police services ------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]r. Upgrading park facilities ---------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]s. Maintaining clean drinking water fountains at
parks ---------------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]t. Repairing broken and deteriorating sidewalks --------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]u. Improving safe routes to school -------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]v. Maintaining safe places for children to play ------------ 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]w. (T*) Maintaining senior programs ----------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]x. (T) Maintaining after-school programs ----------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]y. (T*) Maintaining the City’s long-term
financial stability ------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]z. Keeping funds local ---------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]aa. Bringing back suspended annual festivals,
concerts and special events such as the
Cultural Festival, Fourth of July Parade, and
fireworks ----------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
(RESUME ASKING ALL RESPONDENTS)
NOW I AM GOING TO READ YOU SOME STATEMENTS FROM SUPPORTERS AND OPPONENTS OF THIS CITY OF HERCULES SERVICES PROTECTION MEASURE.
8. First, I am going to read you some statements from people who support the measure we have been discussing. After hearing each statement, please tell me whether you find it very convincing, somewhat convincing, or not convincing as a reason to support this measure on a future ballot. If you do not believe the statement, you can tell me that instead. (RANDOMIZE)
VERY SMWT NOT DON'T
CONV CONV CONV BEL (DK/NA)
[ ]a. (T*) (NO TAX INCREASE) This measure
does not create a new tax nor increase utility
rates in any way. It simply renews the existing
utilities tax, which has been previously passed
twice by majorities of Hercules voters. ------------------ 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]b. (T*) (ACCOUNTABILITY) In recent years,
Hercules has continued to demonstrate its
commitment to transparency and public
oversight. The City has passed an anti-
nepotism measure and formed a permanent
citizen Finance Commission to ensure that the
public has regular oversight on the City’s
budget and spending decisions. --------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
89 FM3 RESEARCH 220-6254-F PAGE 6
VERY SMWT NOT DON'T
CONV CONV CONV BEL (DK/NA)
(SPLIT SAMPLE A ONLY)
[ ]c. (T*) (KEEP POLICE DEPARTMENT)
With the help of local voters who passed this
measure in the past, Hercules was able to
maintain police services and not cut public
safety any further. However, if it is not
renewed, the City will be forced to seriously
consider major cuts to our police department,
which could impact crime prevention and 9-1-
1 response times. -------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]d. (T*) (MOMENTUM - GENERAL) Many of
us remember when Hercules City government
was corrupted and nearly driven to bankruptcy
by previous administrations. Over the past
decade, new City administrations and Councils
avoided bankruptcy, reduced a nine-million-
dollar deficit, took steps to improve fiscal and
government transparency, and helped restore
confidence and trust. Voters approved this
measure twice before and should do so again
to continue this positive momentum. -------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]e. (ECONOMY) COVID has had a significant
impact in our economy. We have seen in the
past that we cannot count on the state or
federal government to take care of our needs.
Renewing this funding ensures we continue to
have local money for Hercules to help protect
small businesses that provide local jobs and to
foster our partnerships with local organizations
that provide essential services to our
community—all of which is needed to restart
our local economy. ----------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]f. (YOUTH) The City’s after-school and
summer programs give thousands of kids a
place to go in their free time. They are a
proven way of keeping youth out of trouble
and away from gangs and drugs. Renewing
this funding will maintain and improve after-
school programs for youth and help maintain
our parks clean and safe, to keep our
community and our kids safe. ----------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
90 FM3 RESEARCH 220-6254-F PAGE 7
VERY SMWT NOT DON'T
CONV CONV CONV BEL (DK/NA)
(SPLIT SAMPLE B ONLY)
[ ]g. (MAINTAIN POLICE SERVICES)
Renewing this local funding will help keep
Hercules safe. It will provide money to
maintain neighborhood police patrols,
continue investments in crime prevention
programs, and maintain police 9-1-1 response
times at a time when other parts of the Bay
Area are struggling with rising crime. ------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]h. (BUDGET CUTS) If voters do not renew this
funding, the City will lose $3.6 million every
year, which is over 20% of the City’s budget.
This means the City will have no choice but to
slash basic city services just to balance its
budget and be forced to cut essential city
services that may include police and
neighborhood patrols, street maintenance,
parks, senior services, youth programs,
economic development and others. ---------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]i. (T) (QUALITY OF LIFE) Hercules is a
place where people desire to live and raise
families. However, if we are forced to
continue cutting basic city services, the
character of our community and its quality of
life will decline. Renewing this local funding
will help protect and maintain essential City
services that make our community a safe, well-
maintained place to live. ----------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]j. (INFRASTRUCTURE) While most of the
City’s infrastructure is well-maintained,
continued local funding is still needed to help
replace outdated, unsafe park equipment and
facilities, and repair deteriorating sidewalks. ----------- 1 --------- 2 -------- 3 --------- 4 --------- 5
91 FM3 RESEARCH 220-6254-F PAGE 8
(RESUME ASKING ALL RESPONDENTS)
9. Now that you have heard more about it, I would like to ask you again about the CITY OF HERCULES NO TAX INCREASE/FINANCIAL STABILITY MEASURE which would maintain Hercules’ long- term financial stability and essential city services, such as neighborhood police patrols; crime prevention; street and pothole repair; and youth and senior programs, by renewing an existing, voter-approved eight percent utility users’ tax.
Do you think you would vote “yes” or “no” on this measure? (IF YES/NO, ASK: “Is that definitely or just probably YES/NO?”) (IF UNDECIDED, DON’T KNOW, NO ANSWER, ASK: “Do you lean toward voting yes or no?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON’T READ) DK/NA -------------------- 7
92 FM3 RESEARCH 220-6254-F PAGE 9
10. Next, I am going to read you some statements from people who oppose the measure we have been discussing. After hearing each statement, please tell me whether you find it very convincing, somewhat convincing, or not convincing as a reason to oppose this measure on a future ballot. If you do not believe the statement, you can tell me that instead. (RANDOMIZE)
VERY SMWT NOT DON'T
CONV CONV CONV BEL (DK/NA)
[ ]a. (COVID) Our region’s economy has not yet
bounced back from the challenges of COVID-
19. Many local businesses are struggling to
stay open, while many residents are having
trouble finding a job, and paying their rent or
mortgage. We cannot continue to afford
paying these high taxes. ----------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]b. (T) (NO SUNSET) We were promised that
this tax would be temporary to help the City
get through a fiscal emergency. Now they
want to make it permanent. We should vote
“no” on any “forever” tax because we just
can’t trust the City. ---------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]c. (T*) (GOVERNMENT DISTRUST) For
years, the City of Hercules has borrowed more
than it could pay back, spent more money than
it has taken in and has been sued in the past
because the City can’t pay its bills. In the past,
top City officials misappropriated funds and
wasted taxpayer dollars on expensive
consultants and personal home loans. The City
of Hercules cannot be trusted with additional
tax dollars. -------------------------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5 [ ]d. (TOO MANY TAXES) Californians are
being taxed more than enough, and the cost of
living is out of control. We simply cannot
afford any additional taxes. ------------------------------- 1 --------- 2 -------- 3 --------- 4 --------- 5
93 FM3 RESEARCH 220-6254-F PAGE 10
11. Sometimes over the course of a survey like this people change their minds. Let me ask you one more time about the CITY OF HERCULES NO TAX INCREASE/ FINANCIAL STABILITY MEASURE which would maintain Hercules’ long -term financial stability and essential city services, such as neighborhood police patrols; crime prevention; street and pothole repair; and youth and senior programs, by renewing an existing, voter-approved eight percent utility users’ tax.
Do you think you would vote “yes” or “no” on this measure? (IF YES/NO, ASK: “Is that definitely or just probably YES/NO?”) (IF UNDECIDED, DON’T KNOW, NO ANSWER, ASK: “Do you lean toward voting yes or no?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON’T READ) DK/NA -------------------- 7
NOW I WOULD LIKE TO ASK YOU ABOUT TWO DIFFERENT POTENTIAL BALLOT MEASURES. THESE MEASURES WOULD NOT APPEAR ON THE SAME BALLOT AS THE
MEASURE WE HAVE BEEN DISCUSSING, BUT MAY BE ON A BALLOT SOME TIME IN THE FUTURE.
(ROTATE Q12 PROPERTY TRANSFER TAX AND Q13 CITY CHARTER)
12. The FIRST/SECOND measure may read as follows:
CITY OF HERCULES ESSENTIAL SERVICES PROTECTION MEASURE.
Shall an ordinance to expand locally controlled funding for essential city services such as improving 911 response times, disaster preparedness/ safe routes to school; retaining/ attracting businesses; keeping public areas/ parks safe/ clean; by enacting a real property transfer tax (paid only by buyers and sellers of property at the time of sale ), until ended by voters and requiring annual audits, no funds for Sacramento, be adopted?
Do you think you would vote “yes” or “no” on this measure? (IF YES/NO, ASK: “Is that definitely or just probably YES/NO?”) (IF UNDECIDED, DON’T KNOW, NO ANSWER, ASK: “Do you lean toward voting yes or no?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON’T READ) DK/NA -------------------- 7
94 FM3 RESEARCH 220-6254-F PAGE 11
(ROTATE Q12 PROPERTY TRANSFER TAX AND Q13 CITY CHARTER)
13. The FIRST/SECOND measure may read as follows:
CITY OF HERCULES CITY CHARTER/LOCAL CONTROL MEASURE.
To enhance local control over funding essential city services, shall the City of Hercules Charter be adopted to establish Hercules as a Charter City with the ability to adopt a local real property transfer tax, subject to voter approval? The City Council’s powers otherwise remain unchanged and are limited by State general law, and any other powers as a charter city would have to be approved by voters.
Do you think you would vote “yes” or “no” on this measure? (IF YES/NO, ASK: “Is that definitely or just probably YES/NO?”) (IF UNDECIDED, DON’T KNOW, NO ANSWER, ASK: “Do you lean toward voting yes or no?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON’T READ) DK/NA -------------------- 7
HERE ARE MY LAST QUESTIONS, AND THEY ARE FOR STATISTICAL PURPOSES ONLY.
14. What was the last level of school you completed?
Less than high school -------------------------- 1
High school graduate -------------------------- 2
Vocational or technical school --------------- 3
Some college, but no degree ------------------ 4
Associate degree ------------------------------- 5
Four-year college degree ---------------------- 6
Graduate school -------------------------------- 7
(DON’T READ) DK/NA -------------------- 8
15. With which racial or ethnic group do you identify yourself: Latino or Hispanic, White or Caucasian, Black or African American, Asian or Pacific Islander, or some other ethnic or racial background?
Latino/Hispanic -------------------------------- 1
White/Caucasian ------------------------------- 2
Black/African American ---------------------- 3
Asian/Pacific Islander ------------------------- 4
Other (SPECIFY_____________) ---------- 5
(DON'T READ) DK/NA/REFUSED ------ 6
95 FM3 RESEARCH 220-6254-F PAGE 12
16. (T) I don’t need to know the exact amount, but I’m going to read you some categories for household income. Would you please stop me when I have read the category indicating the total combined income for all the people in your household before taxes in 2021?
$25,000 and under ----------------------------- 1
$25,001 - $50,000 ------------------------------ 2
$50,001 - $75,000 ------------------------------ 3
$75,001 – $100,000 ---------------------------- 4
$100,000- $150,000 --------------------------- 5
$150,000 or more ------------------------------ 6
(DON'T KNOW/REFUSED) --------------- 7
(ONLINE ONLY)
X. What is your gender?
Male ---------------------------------------------- 1
Female ------------------------------------------- 2
Non-binary -------------------------------------- 3
Prefer not to answer --------------------------- 4
THANK AND TERMINATE
SEX (BY OBSERVATION): Male ---------------------------------------------- 1 Female ------------------------------------------- 2
LOI (BY OBSERVATION): English ------------------------------------------- 1 Spanish ------------------------------------------ 2
PARTY REGISTRATION: Democrat ---------------------------------------- 1 Republican -------------------------------------- 2
No Party Preference --------------------------- 3
Other --------------------------------------------- 4
FLAGS
P16 --------------------------------------- 1
G16 -------------------------------------- 2
P18 --------------------------------------- 3
G18 -------------------------------------- 4
P20 --------------------------------------- 5
G20 -------------------------------------- 6
BLANK --------------------------------- 7
VOTE BY MAIL
1 ------------------------------------------ 1
2 ------------------------------------------ 2
3+ ---------------------------------------- 3
BLANK --------------------------------- 4
PERMANENT ABSENTEE
Yes --------------------------------------- 1
No --------------------------------------- 2
DATA COLLECTION MODE
Online ---------------------------------- 1
Phone ----------------------------------- 2
LIKELY JUNE 2022
Yes -------------------------------------- 1
No --------------------------------------- 2
HOUSEHOLD PARTY TYPE
D1 --------------------------------------- 1
D2+ ------------------------------------- 2
R1 --------------------------------------- 3
R2+ ------------------------------------- 4
96 FM3 RESEARCH 220-6254 D3 PAGE 13
I1+ --------------------------------------- 5
Mixed------------------------------------ 6
AGE
18-24 ------------------------------------ 1
25-29 ------------------------------------ 2
30-34 ------------------------------------ 3
35-39 ------------------------------------ 4
40-44 ------------------------------------ 5
45-49 ------------------------------------ 6
50-54 ------------------------------------ 7
55-59 ------------------------------------ 8
60-64 ------------------------------------ 9
65-74 ---------------------------------- 10
75+ ------------------------------------- 11
SPLITS
A ----------------------------------------- 1
B ----------------------------------------- 2
97 1
STAFF REPORT TO THE CITY COUNCIL
DATE: Meeting of February 22, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: FY 21-22 Mid-Year Budget Review and Miscellaneous Mid-Year Budget Appropriations and Adjustments
RECOMMENDED ACTION:
Receive a report on the FY 21-22 mid-year budget review and adopt a resolution approving various mid-year budget appropriations and adjustments.
FINANCE COMMISSION AND RECOMMENDATION:
The FY 21-22 mid-year review will be presented to the Finance Commission as an informational item on their regular meeting on March 16, 2021.
FISCAL IMPACT OF RECOMMENDATION:
Authorization of the budget amendments described in this report and detailed in attachment 2 update the previous allocation of City resources for the FY 21-22 fiscal year, reflecting changes in economic conditions due to COVID and fiscal year-to-date performance. The proposed amendments to the FY 2021-22 Budget, as detailed in Attachment 2, will decrease General Fund revenue by approximately $1 million and reduce its operating expenditures by $955K. In addition, the General Fund available balance will be adjusted by $896K based on the positive result of the FY 20 -21 audited financial statements. Also, the City Council is requested to consider approval of the priority projects, as summarized below and detailed in Attachment 6, recommended by the City Manager to use some of the first tranches of money received from ARPA funds that include suggestions from the Councilmembers and staff.
Given the uncertain times in which we are operating, it is recommended that barring the minimal changes outlined below, no other mid-year budget adjustments are considered. All other possible budget changes, ongoing or one-time, should be regarded as part of the FY 22-23 budget adoption process.
98 2
BACKGROUND:
This report updates the Fiscal Year 21-22 financial projections for the General Fund and proposes current year budget amendments for various City funds to reflect and respond to the City’s current financial condition. Also, this report provides the City Council with updates on the financial status of the City’s General Fund by comparing budget projections for revenues and expenditures to actual receipts and expenses as of the most current closed period of January 31, 2022 (seven months or 58% of the fiscal year).
The discussion below is presented in the following sections:
I. General Fund Revenues
II. General Fund Expenditures
III. General Fund Net Annual Results
IV. General Fund Operating Reserve
V. General Fund Five-Year Forecast
VI. American Rescue Plan Act (ARPA) Fund
VII. Non-General Fund Programs
VIII. Master Fee Schedule
DISCUSSION:
The City Council adopted the FY 21-22 budget on June 22, 2021. Since adoption, the budget has been selectively amended for specific programs, primarily for capital project activity. At this time, staff recommends approving changes and amendments to the FY 21-22 Budget based upon year-to-date activity, the effect of mandatory closure due to pandemic, primarily to the Parks & Recreation program, and allocation of the American Rescue Plan Act (ARPA) funds for selected projects based upon the guiding principles adopted by the City Council on January 11, 2022.
As presented in the FY 20 -21 Annual Comprehensive Financial Report (ACFR), revenues and expenditures during fiscal year ending June 30, 2021, resulted in one-time General Fund budgetary available resources of approximately $2.1 million, and $897,000 better than projections. As detailed in the ACFR report, the primary reason for the positive budgetary results is departmental expenditures savings, debt service savings on the refunding of the library bonds, and the receipt of revenues above budget. It is important to note that since significant revenue included in the Approved Budget, staff is recommending minor changes in this report.
General Fund
I. General Fund Revenues
As of January 31, 2022, the General Fund operating revenues were $8.5 million or 51% of the FY 21-22 adopted budget. Revenues from business licenses, franchise fees, and other taxes are received either bi-annually or towards the end of the fiscal year, which accounts for why revenues are below 58% as of January 31, 2022. As shown in the following graph and as detailed in Attachment 3, General Fund's ongoing revenues in FY 21-22 are projected to decrease by $1 million. Fortunately, the City of Hercules's gen eral tax revenues, most notably sales tax, were not impacted by the economic shutdown resulting from COVID-19 and shelter-in-place directives imposed on the second quarter of 2020 compared to other municipalities.
99 3
The following are the proposed midyear budget adjustments for the General Fund revenues:
Parks & Recreation Program Revenues: The FY 21-22 Adopted Budget on June 22, 2021, assumed that all programs would be restored to normal. However, the continued effect of COVID-19 mandatory closures to the Parks & Recreation program resulted in a reduction of approximately $1 million of program revenues based on the actual first seven months of activities. Childcare programs, contract classes, sports programs, and facility rentals have been suspended since March 2020, with minimal offerings underway.
II. General Fund Expenditures
A summary and year -to-date status of General Fun d expenditures are presented in Attachment 3 and as shown in the following graph. Payments on insurance premium and debt service payment on equipment leases are due at the beginning of the fiscal year, which accounts for why expenditures are higher than 58% as of January 31, 202 2. Operating expenses in total, both by category and by department, are on target or below 58% of the annual budget through the seven-month January fiscal period.
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
FY 19-20
Actuals
FY 20-21
Actuals
FY 21-22
Adopted
FY 21-22
Mid-Year
Program Revenues
Utility User Tax
Sales Tax
Intergovernmental
Property Taxes
Other Taxes
Transfers/Other
100
4 Typically, the mid-year budget review and adjustments recommended are to make corrections to adopted budget and to address required modifications. New initiatives or programs are not often contemplated unless it’s necessary.
Operating expenditure budget amendments are proposed to reflect the following adjustments:
Parks & Recreation – Reduce budget by $1 million.
Heading into the budget process for FY 21-22, all indications were that programs were in the process of being restored with the arrival of a vaccine for COVID-19. Therefore, the adopted FY 21-22 budget assumed that all programs would be restored to normal.
Parks and Recreation Department developed a robust Summer Activities Guide with lots of in-person and virtual offerings. Participant numbers for our in-house traditional summer camps came in on par with pre -COVID participation numbers. The same holds for the start of the school year. The Parks and Recreation Department was able to get a variety of programs up and running, including Preschool, Breakfast Club (morning care), RAP (afterschool recreation programs), and Teens. Unfortunately, many programs have been disrupted with new variants of COVID, and the numbers have begun to drop. The programs have been a success in many ways, especially for those community members who rely on our programs. While the revenue numbers don’t show the entire picture, it is safe to say Parks and Recreation have been positively impacting the community.
Additionally, at the onset of the pandemic, many families opted to place payments on to a household credit. Since the start of programs in the summer and fall, most of these families have applied their credit to current programs or asked for refunds. On the one hand, this is good news because it reduces the liability of money left on household accounts, but on the other, it doesn’t show in the overall revenues.
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
FY 18-19
Actuals
FY 19-20
Actuals
FY 20-21
Adopted
Budget
FY 20-21
Mid-Year
Update
Police
Administration
Parks & Recreation
Non-
departmental/Transfers
Community Development
Public Works
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5 Staff is recommending a budget reduction for the Parks & Recreation due to the continued impact of the COVID-19 pandemic. Most Parks and Recreation programs were continued to be suspended due to mandatory closures. As a result of the programs being suspended, some of the Parks & Recreation part-time staff continue to be furloughed.
City Manager Office – Add appropriation of $45,000.
The City Manager's responsibility is to continuously evaluate the organization to assure that its structure provides for the delivery of services to the community in the most efficiently and effectively way possible and that the City Council's projects, programs, and initiatives can be accomplished. As a result of this evaluation, the City Manager is recommending certain changes to the current organizational structure, which will take advantage of some va cant positions and better position the City to address the City Council's work program and several unmet issues and needs.
One of the proposed changes is upgrading (1) Part-time Administrative Secretary to a full-time Administrative Specialist Position. The budget impact is approximately $45,000. In addition, the City Manager also proposes to move the Information Technology and Human Resources unit, currently under Administrative Services Department, to the City Manager's Office. The proposed changes will have no budgetary impact, but they will update the City's organizational structure. The organizational chart will be updated accordingly to reflect these changes.
III. General Fund Net Annual Results
The General Fund, excluding ARPA funds, Mid-Year review is projected to end FY 21-22 with a positive ending available balance of $1 million, which is $852K better than projected in the adopted FY 21-22 budget. Most of the increase was attributed to the actual financial result of the audited FY 20-21 Financial Statements.
IV. General Fund Operating Reserve
Fiscal stability is an essential factor for all cities. Sound financial management includes the practice and discipline of maintaining adequate reserve funds for known and unknown contingencies. The City’s operating reserve policy equals 16.66% of total operating expenditures or two months. The General Fund operating reserve exceeded that requirement and maintained a $4.2 million (including interest income earned) operating reserve equal to 28% of the total operating budget.
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6 V. General Fund Long-Term Forecast
Looking forward into the General Fund Long -Term Forecast, a budget deficit between revenues and expenditures for existing service level is projected to start in FY 25-26 if the Utility User’s Tax (UUT) is not renewed and the accelerated payments on CalHFA loans are not negotiated. As the City plans its ongoing programs and servic es, it will need to balance its increasing cash flow requirements for legacy pension/OPEB obligations with a commitment to maintain and enhance City services. The following graph updates revenue projections based on the current property, sales, and general tax revenue trends. Expenditure in this graph repeats projections from the last Council meeting on February 8, 2022, Long- Term Forecast presentation. This Long-term forecast will be further updated and refined in the FY 22-23 budget adoption in June 2022.
VI. American Recovery Plan Act (ARPA)
The American Rescue Plan Act of 2021 ("ARPA") included the Coronavirus Local Fiscal Recovery Fund to provide $1.9 trillion in funding for states, municipalities, counties, tribes, and territories to assist with pandemic-related response activities. Under ARPA guidelines, cities with a population of less than 50,000 are considered "non-entitlement units of local government ("NEUs"), and the U.S Department of the Treasury will distribute funding to States and then to NEUs. Funding will be made available in two tranches, with the first occurring in Summer 2021 and the second occurring twelve (12) months afterward.
ARPA recipients may use payments from the Fiscal Recovery Funds to provide government services to the extent of the reduction in revenue experienced due to the COVID‐19 public health emergency. Section 603(c)(1)(C) of the ARPA allows recipients facing budget shortfalls to use payments from the Fiscal Recovery Funds to avoid cuts to government services. ARPA funds enable local governments to continue providing valuable services and ensure that budget deficits, tax increases, and reductions in public $0
$10,000,000
$20,000,000
$30,000,000
FY 20-21
Actuals
FY 21-22
Midyear
FY 22-23
Projections
FY 23-24
Projections
FY 24-25
Projections
FY 25-26
Projections
FY 26-27
Projections
Revenues Revenues w/o UUT Expenditures
If the UUT is
discontinued,
there will be a
projected ongoing
deficit starting
FY 25-26.
103
7 expenditures do not delay a city's broader economic recovery. Based on the Department of the Treasury's revenue loss formula, Hercules will receive a total ARPA funding allocation of $6,285,778 in two tranches. The first payment, equal to one-half of the City’s s' distribution, for $3,142,889 was received in mid-July 2021. The second half will be distributed in mid-July 2022. The funds must be obligated by December 2024 and fully expended by the end of 2026. Hercules experienced a $2,918,338 shortfall in general revenues for the period ending December 31, 2020, due to the COVID–19 impacts to the local economy. Staff recommends transferring the $2.9 million to the General Fund to provide governmental services and offset one-time expenditures.
Based on the results of the Business and Community needs survey, the City Council adopted a set of guiding principles on January 11, 2022, to assist in developing a funding plan for ARPA funds as follows:
1. The ARPA funds are a one‐time source of monies so ongoing costs need to be considered before allocating funds for any projects or programs.
2. The City should use other dedicated grants and funding programs first, whenever possible, and save ARPA funds for priorities not eligible for other federal and state assistance programs (such as federal infrastructure bills)
3. With the first three bullet points in mind, ARPA funds will be allocated in the following order of priority:
a. To ensure that the City will have the resources to continue to provide high- quality services by replacing the City’s general revenue losses b. To support the economic recovery of households and small businesses c. To solve immediate specific problems raised by the pandemic for the City d. To make investments that will strengthen and hasten the economic recovery of the City and its businesses.
Mid-Year Priority Project Appropriation – In consultation with the City Council, City staff identified several ARPA priority items as part of the mid-year budget adjustment.
These priority projects, summarized below and detailed in Attachment 6, align with the adopted set of Guiding Principles, and can begin quickly.
104
8 Staff requests Council’s authorization to proceed with these priority projects in the current fiscal year. Should the City Council desire to amend this list of projects, staff requests additional direction. Staff will return to the City Council with a complete analysis for any projects added at a future meeting for consideration.
Potential Future ARPA Appropriations
With the understanding that funds can be obligated through the end of 2024 and that the City will not receive the second half of the funds until May 2022, developing a plan with some flexibility to evaluate future needs is critical. Staff recommends that the remaining first tranche of $2.3 million and the second tranche of $3.1 million be included in the FY 22-23 Budget. The following categories will be used to create an expenditure framework to guide funding decisions and opportunities for the City to pursue.
Economic Development – Programs to address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector. Community Assistance Programs - Earmarking some ARPA funds to potentially fund a locally administered programs should there continue to be a significant need after the state and federal programs have been exhausted may be valuable.
Programs to support housing and other social service program needs.
Capital Improvement Pay-As-You-Go Funding - The City's Capital Improvement Program budget has a long list of necessary but unfunded projects. Within the Revenue Loss category, the City may use funding to complete capital General Fund ARPA
Revenue Eligible
Loss Projects Total
$2,918,338 $224,551 $3,142,889
Proposed Uses of Fund:
Strategic Communication Plan 50,000 50,000
Willow/Palm Sidewalk Installation (Transit
Center)
250,000 250,000
Refugio Tennis Court Tree Maintenance 6,000 6,000 Sidewalk and Safe Walkways 100,000 100,000
Community Swim Center Safety Fence
Replacement
100,000 100,000
Community Swim Center Gym Floor
Replacement & Other Building and
Deferred Maintenance
250,000 250,000
E-Gift Card Program 65,000 65,000
Total, Use of Fund 756,000 65,000 821,000 $2,162,338 $159,551 $2,321,889
First Tranche
Remaining Balance Available for
Appropriation in FY 22-23 Budget
First Tranche of ARPA funding received
in July 2021
105
9 improvement or preventative maintenance projects with pay-go funding that is not supported by bonds or other debt. A budget workshop is scheduled in mid- March to discuss Capital Improvement Plan and project priorities.
Staff will present a proposed ARPA spending plan to the Council for consideration during the FY 22-23 Budget's first public hearing in the first meeting in June and adopt a resolution to accept at the second meeting.
VII. Non-General Fund Programs
These funds are driven by grants or other funding sources and are used for specific purposes, such as transportation, gas tax, Measure C “Street Fund,” etc. Such funding sources are restricted, requiring revenues and expenditures to be tracked differently from the City’s primary operating fund, the General Fund. There is sufficient funding and appropriation to complete current projects or programs and fund the proposed mid-year adjustments as outlined in attachment 2.
IX. Master Fee Schedule
By way of background, a municipality is aut horized to establish reasonable fees for services rendered. The City has established fees by the Municipal Code's authority, City Ordinances, City Resolutions, City development/funding agreements, and State and Federal statutes. Those fees do not exceed the estimated reasonable cost of providing the service for which the fees are charged.
In government, the difference between a fee and a tax is that an individual pays a fee for a specific good or service rendered by the government that benefits only that individual. In contrast, a tax has only a general connection to the benefits received by an individual.
To make it easier for citizens, staff, and interested parties to understand the City's various fees and provide a comprehensive list of the City's fees. , a Master Fee Schedule lists the fees in place as of July 1 of each year. Certain fees are automatically increased each year based on the change in the consumer price index (CPI) or the difference in the engineering news record construction cost index (ENR).
However, as current City fees for service have not been evaluated in many years, staff thought it was important to evaluate all service fees and address any fees for service not currently being charged. Therefore, conducting a comprehensive user fee study to ensure that the City assesses appropriate fees and rates that will allow the City to recover the actual costs incurred for fee-related services.
Staff recommends updating the fee on July 1, 2022, by automatically increasing specific fees using the change in the CPI or ENR and coming back to Council at Midyear in FY 22- 23 to update certain fees in the master fee schedule based on the result of the study.
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10 NEXT STEP
Staff is currently in the process of preparing the FY 22-23 budget which will be introduced to the City Council on April 26, 2022.
The table below outlines key Council meeting dates at which budget information will be provided.
Date Action/Topic
February 22, 2022 FY 21-22 Midyear Review & Budget Amendments March 22, 2022 Budget Workshop to discuss Capital Improvement Plan and project priorities, including developing an ARPA spending plan
April 26, 2022 Introduction of FY 22-23 Budget and Five-year Capital Improvement Plan
June 7, 2022 Public Hearing on the Preliminary FY 22-23 Budget and Five-year Capital Improvement Plan
June 21, 2022 Adoption of FY 22-23 Budget and Five-year Capital Improvement Plan
BUDGET AWARD
The City of Hercules FY 20-21 Budget was awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the first time. This award is the highest form of recognition in government budgeting. Its attainment represents a significant achievement by the organization. Staff submitted the FY 21-22 Budget documents for award consideration.
BUDGET APPROPRIATIONS
Staff is recommending that the Council adopt the following FY 21-22 budget amendments in Attachment 2 including appropriation of the City Manager’s recommended ARPA priority projects.
ATTACHMENTS
1. Budget Resolution
2. Proposed Budget Amendment
3. General Fund Summary
4. General Fund Summary of One-Time Revenues/Expenditures
5. General Fund FY 20-21 Available Fund Balance Calculation
6. List of Projects Funded by ARPA funds
107
HERCULES CITY COUNCIL
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING FY 2021-22 BUDGET APPROPRIATIONS AND ADJUSTMENTS
WHEREAS, the City Council has adopted the FY 21-22 Budget on June 22, 2021, representing the financial plan for conducting the affairs of the City of Hercules; and
WHEREAS, the following recommended appropriations and adjustments have been evaluated and reviewed by the City Manager and Finance Director. The detail budget amendment proposal is presented in Attachment 2 in the accompanying staff report; and
WHEREAS, staff is requesting approval for FY 21-22 budget appropriations and adjustments as set forth in Attachment 2; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules as follows:
1. The Council hereby approves FY 21-22 Budget appropriations and adjustments as set forth in Attachment 2.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-second day of February 2022, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Dion Bailey, Mayor
ATTEST:
Lori Martin
Administrative Services Director/City Clerk
108
Attachment 2
City of Hercules
FY 21-22 Mid-Year Budget Review
Proposed Budget Amendments
Revenues/ Expenditures/ Add(Draw) on
Transfers In Transfers Out Fund Balance
GENERAL FUND (Fund #100)
Beginning Availalble Fund Balance Adjustments
Adjusting beginning available fund balance based on fiscal year end 20-21 based on audit results. 896,882 896,882 Department Revenues and Expenditures
Parks & Recreation
Reduce program revenues due to the effect of COVID
mandatory closure (1,000,000) (1,000,000)
Reduce budget due to the effect of COVID mandatory
closure (1,000,000) 1,000,000
Salaries and Benefits
Upgrade Part-time position to Full-time (Administrative Support/Specialist) 45,000 (45,000)
American Rescue Plan Act (ARPA)
Transfer from ARPA Fund (Loss of Revenue Calculation) 2,918,338 2,918,338 One-time projects (Loss of Revenue) Attachment 6
Strategic Communication Plan 50,000 (50,000) Willow/Palm Sidewalk Installation (Transit Center) 250,000 (250,000) Refugio Tennis Court Tree Maintenance 6,000 (6,000) Sidewalk and Safe Walkways 100,000 (100,000) Community Swim Center Safety Fence Replacement 100,000 (100,000) Community Swim Center Gym Floor Replacement & Other 250,000 (250,000) Total, General Fund 2,815,220 (199,000) 3,014,220 Other Funds
American Rescue Plan Act (Fund #353)
Transfer to General Fund - Loss of Revenues 2,918,338 (2,918,338) E-Gift Card Program, Attachment 6 65,000 (65,000) Information Technology Operating Fund (Fund #460)
Insurance Reimbursement 125,000 125,000
Cyber Security Consulting Cost 125,000 (125,000) Total, Other Funds 125,000 3,108,338 (2,983,338) Total, All Funds 2,940,220 2,909,338 30,882 109
Attachment 3
FY 21-22 Mid-Year Budget Update
General Fund - Budget Summary
FY 19-20 FY 20-21 FY 21-22 FY 21-22
Audited
Actuals
Audited
Actuals
Adopted
Budget
7-Months
Actuals % Used
Mid-Year
Update
Proposed
Mid-Year
Adjustments
Beginning Available Balance, as adjusted 2,412,068 $ 1,847,112 $ 1,241,944 2,138,826$ $ 896,882 Revenues
Taxes
Utility User Tax 3,483,843 3,590,649 3,509,000 1,887,446 54% 3,509,000 - Sales Tax 4,212,285 4,775,496 4,654,675 2,779,415 60% 4,654,675 - Property Taxes 1,415,995 1,451,716 1,520,000 822,033 54% 1,520,000 - Franchise Fees 948,503 862,104 896,000 416,208 46% 896,000 - Business Licenses 251,418 268,697 198,000 49,789 25% 198,000 - Transfer Tax 142,850 126,488 132,000 80,591 61% 132,000 - Transient Occupancy Tax 6,179 7,635 5,000 7,048 141% 5,000 - Intergovernmental 2,151,433 2,285,392 2,418,000 1,191,833 49% 2,418,000 - Fines & Forefeitures 62,582 36,586 37,000 18,325 50% 37,000 - Program Revenues
Community Development 675,556 824,891 242,000 129,173 53% 242,000 - Parks and Recreation 1,020,758 396,290 1,753,000 275,180 16% 753,000 (1,000,000) Police 483,110 48,958 219,000 97,436 44% 219,000 - Public Works 28,588 46,908 48,000 25,402 53% 48,000 - Other 6,770 10,571 11,000 3,281 30% 11,000 - Use of Money & Property 600,707 511,188 313,000 163,727 52% 313,000 - Cost allocated to other funds 534,992 619,634 739,325 446,459 60% 739,325 - Transfers In 227,335 150,000 150,000 123,736 82% 150,000 - 16,252,904 16,013,203 16,845,000 8,517,082 51% 15,845,000 (1,000,000) Expenditures
Police 7,564,927 7,549,028 7,545,685 3,438,811 46% 7,545,685 - Public Works 305,464 292,525 374,592 159,931 43% 374,592 - Community Development 611,297 792,456 725,810 333,664 46% 725,810 - Parks and Recreation 2,165,547 1,434,988 2,787,803 1,030,377 37% 1,787,803 (1,000,000) City Council 376,082 407,588 331,114 210,382 64% 331,114 - City Manager 385,675 360,115 409,908 166,335 41% 454,908 45,000 Legal 284,709 154,562 265,000 83,411 31% 265,000 - Administrative Services 700,608 679,926 718,643 284,642 40% 718,643 - Finance 1,044,931 1,106,024 1,155,608 614,285 53% 1,155,608 - Workers Comp/General Liability 1,084,650 1,080,572 1,235,837 1,209,267 98% 1,235,837 - Non-Department 766,112 375,912 260,000 135,455 52% 260,000 - Transfers Out 205,099 214,976 423,000 319,941 76% 423,000 - 15,495,101 14,448,672 16,233,000 7,986,501 49% 15,278,000 (955,000) Net Annual Activity
Baseline Operations 757,803 1,564,531$ 612,000$ 530,581$ 87% 567,000$ (45,000)$ One-Time Revenues 1,723,486 600,750 1,056,000 906,000 151% 1,056,000 - One-Time Expenditures (3,046,245) (1,873,567) (2,666,500) (1,437,578) 77% (2,666,500) - Ending Available Balance (Before ARPA) 1,847,112 2,138,826 243,444 1,095,326 851,882 One-Time ARPA (Loss of Revenue) 2,918,338 2,918,338 One-Time ARPA Expenditures (756,000) (756,000) Ending Available Balance (Including ARPA) 1,847,112$ 2,138,826$ 243,444$ 3,257,664$ 3,014,220$ Operating Reserve:
Beginning Balance 3,797,650 2,764,975$ 4,034,517$ 4,209,129$ 174,612$ Current Year Contribution 236,867 -
Interest Earned 174,612 -
Return/(Draw) - reserve (1,269,542) 1,269,542 - Ending Balance 2,764,975 4,209,129$ 4,034,517$ 4,209,129$ 174,612$ % of Projected Operating Expenditures 18% 29% 25% 28%
FY 21-22 Activities thru
01/31/2022 @ 58%
110
Attachment 4
General Fund
FY 21-22 MidYear Budget Update
One-Time Revenues and Expenditures
FY 19-20 FY 20-21
Audited Actuals Audited Actuals Adopted
Actual/Encumb
as of 01/31/2022
Remaining
Balance
One-Time Revenues:
Coronavirus Relief Fund 351,747 -
RPTTF Pass Through 453,944 249,003 6,000 6,000 - Projected Draw on Reserve 1,269,542 -
Planning: LEAP Grant 150,000 150,000
Release Reserve for ROPS approval of RPTTF for Emmerich and Montoya Lease 900,000 900,000 - Total, One-Time Revenues 1,723,486 600,750 1,056,000 906,000 150,000 - - -
One-Time Expenditures:
Increase in Planning Reserve 125,826 -
Increase in Fiscal Neutrality Reserve 236,867 - Contribution to OPEB Trust 100,000 -
Contribution to Pension Trust 250,000 -
Encumbrances and Carryovers 521,477 -
Settlement Payment to DOF 1,812,075 604,025 604,000 604,000 Return of Unused Reserve 1,269,542 -
Planning: LEAP Grant 150,000 150,000
CAD/RMS System 198,000 198,000
Interfund Loan to LLAD 850,000 850,000 - DP #22-1: Police Overhire 65,000 65,000 DP #22-2: One-time Retention Bonus 102,000 99,078 2,922 ADP #22-1: Sycamore Ave Mural Restoration 20,000 20,000 FBDP #22-1: Reserve for Restricted Planning Funds 107,000 107,000 - FBDP #22-2: Contribution to IRS Section 115 Pension Trust 500,000 500,000 - FBDP #22-4: Utility User Tax Renewal 40,000 40,000 BR #22-1: Special Event 75,000 75,000
BR #22-3: Repair the Community Pool Diving Board 12,000 12,000 BR #22-4: Corp Yard Landscaping 62,000 62,000 BR #22-5: Add Flock Cameras 2,500 2,500 - BR #22-6: Add UUT Renewal 20,000 20,000 - BR #22-7: Village Parkway Traffic Calming 100,000 100,000 - BR #22-8: Elminate Contribution to Vehicle Replacement Fund (241,000) (241,000) - Total, One-Time Expenditures 3,046,245 1,873,567 2,666,500 1,437,578 1,228,922 - - -
FY 21-22
111
Attachment 5
General Fund
FY 20-21 General Fund Available Balance Calculation
FY 19-20 FY 20-21
Audited Audited
Available Fund Change Available Fund
Ending fund balance, as reported in Audited Financial Statements 44,374,263$ 1,584,159 45,958,422$ Non-spendable (Due from Private Purpose Trust Fund) (27,787,637) - (27,787,637) Pension Section Trust (1,974,254) (262,994) (2,237,248) Prepaid items (23,772) 13,660 (10,112) Exclude Current Year Assets other than cash (3,467,264) (715,751) (4,183,015) Negative Cash (4,500,000) 900,000 (3,600,000) Reserve for Earthquake Insurance Deductible (500,000) - (500,000) Reserve for Capital Projects (450,000) - (450,000) Reserve for Planning (825,000) - (825,000) Reserve for Building (21,800) - (21,800) Reserve for Reusable Bags (remaining) (13,930) - (13,930) Reserve for PEG Fees (70,000) - (70,000) Reserve for Encumbrances/Project Carryover (128,519) 42,182 (86,337) Beginning available cash balance 4,612,087$ 1,561,256 6,173,343$ Reserve for Economic Uncertainty (25% target) (2,764,975) (1,269,542) (4,034,517) Beginning cash balance 1,847,112$ 291,714 2,138,826$ 112
ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
FY 21-22 MID-YEAR BUDGET UPDATE
AMERICAN RECOVERY PLAN ACT (ARPA)
General Fund Loss of Revenues:
ARPA #21-1: Strategic Communication Plan [One-Time]
To enhance public outreach, community engagement and social media tools and platforms to facilitate open communication and information sharing with the public.
With the completion of several new projects, the City is experiencing a renaissance period of sorts. This synergy is making it possible to move projects and initiatives forward. Great things are happening in Hercules. However, staff is lean and have limited bandwidth. Most employees go above and beyond to accomplish multiple tasks and take on expanded roles – even beyond their current expertise. The City lacks a communication professional with training and experience in-house. Staff who are taking on communication roles are doing so in addition to other duties. There is a need for the City to engage the community through both pe riodic project communication and daily communication that is well -planned and executed. A qualified communication firm is needed to assist the City in developing and implementing a sustainable Strategic Communication Plan.
Expense Increase: $50,000
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ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
ARPA #21-2: Willow/Palm Sidewalk Installation (Transit Center) [One-Time] Install a sidewalk from the Hercules Transit Center along Willow Avenue to connect to the existing sidewalk at Palm Avenue and then along Palm Avenue to connect to the existing sidewalk on Sycamore Avenue. Removing this gap will connect the Foxboro and Sycamore/Redwood/Lupine neighborhoods to the Hercules Transit Center.
Expense Increase: $250,000
114
ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
ARPA #21-4: Refugio Tennis Court Tree Maintenance [One-Time] The tennis courts are surrounded by Eucalyptus trees that need occasional pruning and sometimes removal because of the nature of the tree (top-heavy and shallow- rooted). Some of the trees growing are volunteer trees (not planted) and need to be removed. Prune and or remove trees located at Refugio Valley Tennis as needed.
Several trees are top heavy and many overhang the courts both dropping debris and raising safety concerns.
Expense Increase: $6,000
115
ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
ARPA #21-5: Sidewalk and Safe Walkways [One-Time]
Sidewalks provide many benefits, including safety, mobility, and healthier communities. In addition to reducing walking along with roadway crashes, sidewalks reduce other pedestrian crashes. The City has over 100 miles of sidewalks and pathways which require ongoing repairs. The funds would be used to eliminate sidewalk tripping hazards.
Expense Increase: $100,000
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ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
ARPA #21-6: Community Swim Center Safety Fence Replacement [One-Time] The safety fence surrounding the Community Swim Center needs to be replaced. The current fencing is a wood frame with a metal mesh material. The wood has broken, split, fallen off, and has rotted in many places (see photos). The facility's fence is approximately 680' linear feet and 8' feet tall. For safety purposes and to follow the code, the fence needs to be replaced with "anti -climb" safety fencing around the aquatic facility. Parks and Recreation staff have secured quotes from professional fencing companies to ensure that we would cover the cost to replace the entire fence.
Expense Increase: $100,000
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ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
ARPA #21-7: Community Swim Center Gym Floor Replacement & Other Building and Deferred Maintenance [One-Time]
The gym floor at the Community Swim Center needs to be replaced. The current flooring has been sanded and refinished many times. There are broken boards on both ends of the floor. Repairing the floor may be an option but won’t fully be known until the floor is pulled up in areas to assess the total damage. If the floor can be repaired, the remaining money would go towards other building and deferred maintenance such as:
• Replacing interior doors, handles, locks, etc.,
• Painting interior of the facility,
• Painting and repairing exterior of the facility (broken/rot board and baton), • Replace the (2) two main pumps and impellors at the pool, • Replace equipment in the kitchen, etc.
Parks and Recreation staff has secured quotes from professional flooring companies to ensure that this would cover the cost to replace the entire floor, taking in to account the cost of wood at this time.
Expense Increase: $250,000
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ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
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ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
Other ARPA Eligible Projects
ARPA #21-x: E-Gift Card Program [One-Time]
Many cities in California are using ARPA funds to help implement Community Digital Gift Card programs as a cost-effective way to stimulate the local economy to assist small businesses in recovery. They provide some additional savings to residents to shop locally. Community digital gift card programs allow residents to purchase gift cards only accepted at participating businesses. This is a great way to support small businesses and promote ‘Shop Local.’ Typically, community digital gift card programs have a resid ent buy a gift card valued at $50, with the initial investment from the resident being $25. Then they receive a ‘purchase bonus’ amount of another $25 paid by the city through ARPA funding. In other words, it is ‘buy one and get one free’ for residents.
HdL provides ARPA support to San Leandro, Pinole, and Lafayette of the cities highlighted above. Municipalities use three community digital gift card platforms, including Factor4, Giverrang, and Yiftee, with Yiftee being the most popular and offer the best customer service rating. Yiftee, based in Menlo Park in the Silicon Valley, is currently doing community digital gift card programs in many Bay Area and Northern California cities, including Alameda, Benicia, Berkley, Brentwood, Cupertino, El Cerrito, Fremont, Hayward, Livermore, Martinez, Merced, Nevada City, Newark, Pleasanton, Sacramento, San Leandro, Selma and South Lake Tahoe. Additionally, the City of Pinole approved a program with Yiftee on December 21, 2021, and is looking to implement it in late Ja nuary 2022.
Lafayette’s City Council has also approved moving forward with a Yiftee gift card program in February 2022. Several cities (Benicia, Brentwood, Cupertino, Fremont, and Sacramento) initially funded their community digital gift card programs from the CARES Act and have followed up with them because they have been so successful more ARPA funding for additional rounds.
Both the Business Needs Survey and the recently completed Community Survey show strong support for the use of a gift card program f or Hercules. In fact, 72% of respondents from the Community Survey said they would participate in a community gift card program for local Hercules businesses. The following is an outline of the steps required to establish a community digital gift card program. City brands the program and sets it up with selected platform/vendor at no cost
City invites local businesses to participate at no cost and City and the Chamber of Commerce encourage merchants to join
City, in collaboration with the Chamber, markets and sells card to 120
ARPA PROJECT LIST CITY OF HERCULES FY 21-22 MIDYEAR BUDGET
community members
City provides financial incentives during limited period of time (i.e. pays for the purchase bonus and delivery fees)
Community members purchase digital cards on web portal – direct link from City webpage
Community members able to use digital cards at participating merchants (either with a digital code or print out of gift card)
Result: Community investment in local economy that has ripple effects.
Staff recommends that the City Council approve a Pilot Program, utilizing $65,000 in ARPA monies that would include:
Funding the $1 + 5% delivery fee (purchaser fee) and the $1/bonus gift fee A bonus gift card to incentivize use of the program and provide a benefit to all community members
Branding costs associated with development of the “shop local Hercules” campaign
Marketing costs for advertisement and promotion of the program and related point-of-sale signage and posters for participating businesses
Expense Increase: $65,000.
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Midyear Budget
Update FY 21-22
CITY COUNCIL MEETING
FEBRUARY 22, 2022
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Purpose of Midyear Review/Update
The Midyear Budget Review is an essential element in
main
taining financial stability.
It provides the City Council an opportunity to:
Review the General Fund operating results for the first half of the year. Make adjustments to achieve a more accurate budget for the current fiscal year (r
esulting in a greater budget transparency); and
Help shape the development of next year’s budget
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Tonight’s Objectives
Presentation
Receive update on General Fund financial projections
ARPA Fund priority projects and proposed spending plan Proposed Midyear budget amendment request
Action
Consider resolution to amend the FY 21-2 2 budget
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FY 21-22 Midyear Budget Review
General Fund Highlights
General Tax revenues not impacted by COVID- 19 pandemic Mandatory closure continues to affect Parks & Recreation programs Minimal midyear operating expenditure requests
Allocation of American Recovery Plan Act (ARPA)
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Proposed Midyear Budget Amendment
General Fund and ARPA
•Increasing beginning available balance by $896K based on FY 20- 21 positive results
•Reducing both Parks & Recreation program revenues and expenditures by $
1 million
•Upgrading the part- time to full-time position for Administrative Support for $45K
•Recognizing one- time revenues from ARPA for the calculated loss of revenues $2.9M
•Recommended priority projects using ARPA
•Adjustment to IT budget by $125K reimbursed by the Insurance 126
General Fund
FY 21-22 Midyear Projection
Adopted Midyear Midyear
Budget Adjustments Proposal
Beginning Balance $1,241,944 $896,882 $2,138,826
Revenues
Operations 16,845,000 (1,000,000) 15,845,000
One-time 1,056,000 - 1,056,000
Expenditures
Operations 16,233,000 (955,000) 15,278,000
One-time 2,666,500 2,666,500
Net Annual Activity
Operations 612,000 (45,000) 567,000
One-time (1,610,500) - (1,610,500)
Ending Balance $243,444 $851,882 $1,095,326
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American Recovery Plan Act (ARPA)
Priority Projects
General Fund AR PA
R
evenue Eligible
Loss Projects Total
$2,918,338 $224,551 $3,142,889
Proposed Uses of Fund:
Strategic Communication Plan 50,000 50,000
Willow/Palm Sidewalk Installation (Transit
Center)
250,000 250, 000
Refugio Tennis Court Tree Maintenance 6,000 6,000 Sidewalk and Safe Walkways 100,000 100,000
Community Swim Center Safety Fence
Replacement
100,000 100, 000
Community Swim Center Gym Floor
Replacement & Other Building and
D
eferred Maintenance
250,000 250, 000
E-Gift Card Program 65,000 65,000
Total, Use of Fund 756,000 65,000 821,000 $2,162,338 $159,551 $2, 321,889
First Tranche
Remaining Balance Available for
Appropriation in FY 22-23 Budget
First Tranche of ARPA funding received
in July 2021
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General Fund
Five-Year Forecast
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
FY 20-21
Actuals
FY 21-22
Midyear
FY 22-23
Projections
FY 23-24
Projections
FY 24-25
Projections
FY 25-26
Projections
FY 26-27
Projections
Revenues Revenues w/o UUT Expenditures
IIf the UUT is
discontinued, there
will be a projected
ongoing deficit of
approx. $2 million
starting FY 25-26
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Master Fee Schedule
Effective July 1, 2022
Due to timing and competing priorities, staff
r
ecommends applying the same process to update the
fee on July 1, 2022, by automatically increasing
specific fees using the change in the CPI or ENR and
coming back to Council at Midyear to update the fee
schedule as a result of the study.
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Next Step
Staff is currently in the process of preparing the FY 22-23 budget which will be introduced to the City Council on April 26, 2022. The table below outlines key Council meeting dates at which budget information will be provided.
Date Action/Topic
February 22, 2022 FY 21-22 Midyear Review & Budget Amendments March 22, 2022 Budget Workshop to discuss Capital Improvement Plan and project priorities, including developing an ARPA spending plan
April 26, 2022 Introduction of FY 22-23 Budget and Five-year Capital Improvement Plan
June 7, 2022 Public Hearing on the Preliminary FY 22-23 Budget and Five-year Capital Improvement Plan
June 21, 2022 Adoption of FY 22-23 Budget and Five-year Capital Improvement Plan
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Questions?
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lori Martin, Administrative Services Director/City Clerk
SUBJECT: Update on Returning to In-Person Hybrid Meetings
RECOMMENDED ACTION:
Receive the report, discuss, and provide direction to staff. Based on the advice provided by Contra Costa Health and a poll of other cities in the County regarding hybrid meetings, staff recommends the continuation of virtual meetings until the end of March, or until further direction is provided by the County. However, staff is ready and prepared to initiate a hybrid meeting if City Council so chooses to return to in-person meetings sooner than suggested.
FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact associated with this item.
EXECUTIVE SUMMARY:
Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021, Governor Newsom signed AB361, which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.
DISCUSSION:
California’s statewide mask order is due to expire February 15th, therefore effective February 16th fully vaccinated people will no longer need to wear masks in most indoor settings. The counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Francisco, San Mateo, Santa Cruz, San Benito, Solano, Sonoma and the city of Berkeley also will lift universal mask requirements for vaccinated people. However, Contra Costa County Health is still recommending masks and social distancing.
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Contra Costa County Health issued the below guidance regarding teleconferencing meetings on February 2, 2022.
“Online meetings (i.e. teleconferencing meetings) are strongly recommended as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID-19. This is particularly important in light of the current community prevalence rate as of February 2, 2022 which places Contra Costa County in the high community transmission tier as designated by the Centers For Disease Control, and our current trends as of February 3, 2022 in Covid-19 test positivity and COVID-19 hospitalizations which are decreasing but still near historical highs, and in light of the local detection of the Omicron variant of COVID-19, the impact of which on the spread of COVID-19 has shown to dramatically increase COVID-19 transmission.”
In addition, masks and social distancing are still recommended:
“A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing – i.e., six feet of separation between attendees – and face masking of all attendees.”
Attached hereto is a list of safety protocols recommended by Contra Costa County Health.
In addition, attached hereto is a listing of responses from Contra Costa Cities on their plans of returning to in-person meetings or remaining virtual and re-evaluating every 30 days.
One other point to note is that when the Governor lifts the Declaration of Emergency within the State of California, agencies will have to comply with the Brown Act as was done prior to the Declaration of Emergency. This makes virtual participation by Council Members more difficult, absent any legislation passing that amends the Brown Act law to integrate this process more easily.
We will still be able to integrate a hybrid meeting for public participation; however, Council Members will be required to follow the Brown Act rules as it relates to teleconferencing in order to participate virtually.
Based on the information provided by Contra Costa Health and based on information provided by other cities in the County, staff recommends continuation of virtual meetings until the end of March, absent of the lifting of the Declaration of Emergency. However, staff is ready and prepared to initiate a hybrid meeting if City Council so chooses to return to in-person meetings sooner than suggested.
ATTACHMENTS:
1. Poll from Contra Costa Cities
2. Recommendations for Safely Holding Public Meetings from Contra Costa Health
3. 12/14/21 Staff Report
4. 9/28/21 Staff Report on AB 361
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City Response
Concord
We are taking the item for Council consideration at the March 1 City Council meeting. I’m writing the staff report now giving Council its options.
Brentwood
I think we may be discussing this in our next two meetings. Our issue is we are in the process of an upgrade for our Chambers AV equipment and we will be under construction from March – possibly early May.
Pleasant Hill
Pittsburg Not on our radar yet. I don’t even want to speculate as to when.
San Ramon
Antioch
Martinez
We’ve already passed to continue AB 361 through February, so we’re likely to continue virtual-only through March as our direction generally follows closely what the County recommends.
Pinole
El-Cerrito
Possibly going back to in-person (hybrid) meetings in March as Emergency Declaration may be lifted in March. Waiting a few more weeks to see what happens at the state level.
Clayton
The City of Clayton is aiming for March 15, 2022 as our first hybrid meeting in our Council chambers (allowing the public to attend as well). Our Planning Commission will be our test run on March 8, 2022.
Lafayette No set date yet but probably in April.
San Pablo There have been no discussions yet for opening up the Council meetings to the public.
Oakley We have been in-person since July 2021.
Danville No set date for Danville…Town Manager thinks mid-March, however, April is more likely to begin our hybrid meetings.
Moraga
Walnut Creek
We have been back since summer. We never adopted AB361. Council and staff attend in person and we are open to the public, but we are still offering zoom to allow for remote public comments.
Richmond Richmond is still virtual and there has been no discussion or set date to return to in-person.
Orinda
Contra Costa County Cities - Plans for In-Person Meetings 135
RECOMMENDATIONS FOR SAFELY HOLDING PUBLIC MEETINGS
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID-19 transmission during a public meeting.
1. Online meetings (i.e. teleconferencing meetings) are strongly recommended as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID-19. This is particularly important in light of the current community prevalence rate as of February 2, 2022 which places Contra Costa County in the high community transmission tier as designated by the Centers For Disease Control, and our current trends as of February 3, 2022 in Covid-19 test positivity and COVID-19 hospitalizations which are decreasing but still near historical highs, and in light of the local detection of the Omicron variant of COVID-19, the impact of which on the spread of COVID-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing – i.e., six feet of separation between attendees – and face masking of all attendees.
4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least six feet apart.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other COVID-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 2-2-2022
Ori Tzvieli, MD
Deputy Health Officer, Contra Costa County
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 14, 2021
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lori Martin, Administrative Services Director/City Clerk
SUBJECT: Update on Returning to In-Person Hybrid Meetings
RECOMMENDED ACTION:
Receive report, discuss, and provide direction to staff.
FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact associated with this item.
EXECUTIVE SUMMARY:
Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16 th
Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.
Currently the work that was needed to the Council Chambers to conduct hybrid meetings has been completed and staff is conducting tests on the equipment to ensure that the functionality of the audio/video is of good quality with minimal if any feedback.
DISCUSSION:
As of November 23, 2021, the Contra Costa County Health Services website shows that Contra Costa County has been in the Yellow Moderate Tier for the last 3 days. The current health order indicates that the mask mandate for vaccinated individuals will be lifted if the County continuously stays in the Yellow Moderate tier for three (3) consecutive weeks; there are fewer than 75 COVID- 19 hospitalizations in the County; and either 80% of the total population is fully vaccinated, or eight (8) weeks have passed since a COVID-19 vaccine has been authorized for emergency use by federal and state authorities for 5-11 year olds.
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Attached hereto is a listing of responses from Contra Costa Cities on their plans of returning to in- person meetings or remaining virtual and re-evaluating every 30 days.
With the Holiday season before us, staff recommends re-evaluating in January to check the Contra Costa County Health statistics after the Holiday season and then making a more informed decision.
ATTACHMENTS:
1. Poll from Contra Costa Cities
2. 9/28/21 Staff Report on AB 361
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 28, 2021
TO: Members of the City Council
SUBMITTED BY: Lori Martin, Administrative Services Director/City Clerk
SUBJECT: Brown Act Executive Order and AB 361 Update
RECOMMENDED ACTION: Pursuant to the recommendations from Contra Costa Health Services, staff recommends that City Council consider continuing the virtual meeting environment until the end of the year.
FISCAL IMPACT OF RECOMMENDATION: None.
EXECUTIVE SUMMARY:
Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16 th
Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.
In the meantime, staff will continue to work with our AV/Video consultant to install the necessary pieces of equipment and undergo testing to ensure that the Council Chambers are ready to go back to in-person meetings with a virtual hybrid component by the first of the year.
DISCUSSION:
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As the Delta variant has surged in California, the legislature has taken action to extend the COVID- 19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional 139
safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.
Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.
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AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
Attachments:
1. Contra Costa Health Services Recommendations dated 9/20/21
2. AB 361
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