INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY
COUNCIL AND PLANNING COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.
Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers.
Please review this information before entering the Council Chambers.
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.
Via Zoom: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to:
https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205- 6099 or +1-253-215-8782.
• Speakers will be asked to provide their name and city of residence, although providing this information is not required for participation.
• Each speaker will be allowed up to 3 minutes to speak and provide comment. A limit of 30 minutes will be devoted to taking 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 public comments. • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute.
Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting.
Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.
Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8215 no later than 3:00 p.m. on the meeting date.
All public comments will become part of the official meeting record. The City cannot guarantee that its network and/or the website 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 3:00 p.m. on the day of the Council or Commission meeting.
OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m. Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.
Video Streamed Live on the City’s Website:
To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.
Instructions to view Live or On-Demand Videos from the City’s website:
1. Go to: Hercules Meeting Videos or
https://hercules.legistar.com/calendar.aspx.
2. Locate the desired meeting and date.
3. Click the associated “Video” link (Video status is as follows):
· Video = Video is available for on demand viewing.
· In Progress = Video is available for viewing during live recording. · Not Available = Video is either unavailable or has not been recorded.
If none of these options are available to you, or if you need assistance with public comment, please contact: Lauren Berges, City Clerk at [email protected] or by calling (510) 799-8215.
Americans with Disabilities Act: In compliance with the Americans with Disabilities act of 1990, if you need special assistance to participate in a City Meeting or if you need a copy of the agenda, or agenda materials in an appropriate alternative format, please contact the City Clerk’s Office at (510) 799 -8215.
Notification at least one week prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers.
Please review this information before entering the Council Chambers.
Tuesday, April 12, 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
Lauren Berges, City Clerk
Meeting Agenda
Zoom Meeting ID: 878 4732 8596
Zoom Passcode: 146738
Zoom Phone Number: 1-669-900-6833
1 April 12, 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
The Hercules City Council will meet in Closed Session regarding the following:
III. CONVENE INTO CLOSED SESSION
1. 22-115 Pursuant to Government Code Section 54957.6 Conference With Labor Negotiators - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; relative to the following employee groups:
a. Teamsters Local 315 Employee Organizations
b. Hercules Police Officers Association
c. Hercules Senior Manager Employee Group
d. Confidential Unrepresented Employee Group
e. Mid Management Employee Group
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
1. 22-117
Proclamation Recognizing April 14th as Nepal Day in the City of Hercules
Proclamation - Nepal Day _FinalAttachments:
2. 22-116 Proclamation Recognizing the Week of April 17th as Volunteer Appreciation Week in the City of Hercules
Volunteer Appreciation Day - 2022-03-22Attachments:
3. 22-123 Hercules Connect Presentation
Staff Report - Hercules Connect
Hercules Connect
Attachments:
2 April 12, 2022City Council Meeting Agenda
4. 22-125 Presentation - Update on Rodeo-Hercules Fire Protection District by Interim Fire Chief Darren Johnson
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
XII. CONSENT CALENDAR
1. 22-126
Minutes
Recommendation: Approve the Regular Meeting Minutes of March 22, 2022.
Minutes - 032222 - RegularAttachments:
2. 22-120 Execution of Standard CalTrans Agreement to Receive $492,000 in Grant Funding for the Sycamore Avenue Rehabilitation Project Recommendation: Adopt a resolution authorizing the City Manager to execute CalTrans program supplement agreement No. F008 to receive $492,000 in federal grant funding for the Sycamore Avenue Rehabilitation Project.
Staff Report - Caltrans Grant Agreement 020822 (1)
Attach 1 - Resolution - Caltrans Grant Agreement 020822 (1) Attach 2 - 5117016 PSA to Agency
Attach 3 - Administering Agency-Federal Master Agreement No. 04-5117R_Caltrans_Signed Attachments:
3 April 12, 2022City Council Meeting Agenda
3. 22-122 Acceptance of the 2021 Streetlight Replacement Project Recommendation: Adopt a resolution accepting the 2021 Streetlight Replacement Project contract with NEMA as complete for a total amount of $142,120 and authorizing the filing of the notice of completion with the Contra Costa County Recorder's Office.
Staff Report - 2021 Streetlight Acceptance
Attach 1 Reso - 2021 Streetlight Acceptance
Attach 2 NOC - 2021 Streetlight Acceptance
Attachments:
4. 22-118 Adoption of a Resolution Amending the Internal Service Fund FY 2021-22 Budget for Information Technology Services increasing its appropriation by $400,000 and authorizing acceptance of reimbursement proceeds from cyber insurance in the amount of approximately $330,000.
Recommendation: Adopt a resolution amending the Internal Service Fund FY 2021-22 Budget for Information Technology Services increasing its appropriation by $400,000.
Staff Report - Budget Appropriation - Data Breach
Attach 1 - Resolution_
Attach 2 - Budget Approp to Increase ISF
Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-137 Fireworks Celebration
Recommendation: Receive a Report on the Status of the Fireworks Show Scheduled for July 4, 2022, authorize staff to enter into a cost sharing agreement with the City of Pinole.
Staff Report - Fireworks Celebration - 4-12-22
Attach 1 - SR - Firework Celebration - 3-29-21 Rev MR1
Attach 2 - Fireworks Celebration locations - 4 options
Attachments:
2. 22-139 Authorization To Execute a Contract With Tripepi Smith, for an Amount Not to Exceed $42,300.26, for Design, Print, and Mail Services Related to the Polling and Strategic Communication Services for Ballot Measures to Extend the Utility Users Tax (UUT), and the Viability of Becoming a Charter City for the Limited Purpose of Increasing the Real Property Transfer Tax (RPTT)
RECOMMENDATION: Adopt a Resolution authorizing the city manager to execute a contract with Tripepi Smith, for an amount not to exceed $42,300.26.
4 April 12, 2022City Council Meeting Agenda
3. 22-121 Senate Bill 9: The California HOME Act
Recommendation: Discuss local compliance with new State legislation that provides for ministerial approval of up to two residential units and/or a lot split in residential single-family zones.
Staff Report - Study Session on SB9
Attachment 1 - SB 9 Text
Attachments:
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, April 26, 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 enotice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8215. (Posted: April 6, 2022)
5 April 12, 2022City Council Meeting Agenda
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.
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 PROCLAMATION
RECOGNIZING APRIL 14TH 2022 AS NEPAL DAY
IN THE CITY OF HERCULES
WHEREAS, the United States of America established diplomatic relations with Nepal on April 25, 1947; and
WHEREAS, Nepal Day is observed on or around the 14 th April of each year as Nepali New Year according to Nepali Calendar; and
WHEREAS the City of Hercules is a diverse community which prides itself on being an accepting and inclusive community and is proud to recognize the Hercules City Nepali Community; and
WHEREAS, the Hercules City Nepali Community was formed to serve Nepali community members residing in the City of Hercules and the surrounding area; and WHEREAS, the mission of the Hercules City Nepali Community is to preserve and promote traditional Nepali culture and values while establishing a unique Nepali identity; and WHEREAS, the Nepali community has directly contributed to the diversity and positive growth of the City of Hercules in various field s, including education, entrepreneurship, government, literature, drama, sculpture, music, food, and culture, as well as all walks of life; and
WHEREAS, this is an appropriate time to promote and reflect on Nepali history and culture to provide all Americans with the opportunity to learn and appreciate the Nepali contributions to the USA; and
WHEREAS, the City of Hercules will join with the nation in celebrating Nepali New Year by honoring the essential contributions, sacrifices, and accomplishments Nepali and Nepalese American people have made to the U.S. as part of American history.
NOW, THEREFORE BE IT PROCLAIMED that I, Dion Bailey, Mayor of the City of Hercules, on behalf of the entire City Council, do hereby recognize April 14, 2022, as Nepal Day in the City of Hercules and I call this observance to the attention of all our citizens.
IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 12th day of April 2022.
________________________________
Dion Bailey, Mayor
7 PROCLAMATION
RECOGNIZING THE WEEK OF APRIL 17TH
AS VOLUNTEER APPRECIATION WEEK
WHEREAS, every year, and day in and day out, City volunteers enhance the City of Hercules by adding their time, diverse talents and voices to Commissions, City operated programs, City activities and special events; and
WHEREAS, all of our City volunteers make a difference by serving in an advisory capacity, addressing code compliance concerns, suppo rting our Police operations, engaging in Parks & Recreation programs like the Senior Center, and others; and
WHEREAS, our City government could not function without volunteers who serve i n a variety of capacities; and
WHEREAS, every day, volunteers shape the policies and programs that keep our City moving forward in the right direction and their impact can be felt throughout the community, and often time s have a direct positive impact on in dividual community members; and
WHEREAS, volunteers are motivated by the simple satisfaction of helping their fellow citizens and making their community a better place to live; and
WHEREAS, the value of the thousands of hours contributed by City volunteers is immeasurable and contributes to an enhanced quality of life in Hercules.
NOW, THEREFORE BE IT HEREBY PROCLAIMED that I, Dion Bailey, Mayor of the City of Hercules, on behalf of the entire City Council, do hereby proclaim, April 17th, 2022, as Volunteer Appreciation Week in the City of Hercules in honor of all citizens who selflessly donate their time and effort to the City of Hercules in the spirit of volunteerism, and extend our heartfelt gratitude to all City volunteers and honor them for their commitment to the community.
IN WITNESS WHEREOF , I here unto set my hand and cause the S eal of the City of Hercules to be affixed this 12th day of April, 2022.
________________________________
Dion Bailey, Mayor
8 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: PRESENTATION ON HERCULES CONNECT - CONSTITUENT
RELATIONSHIP MANAGEMENT SYSTEM
RECOMMENDED ACTION:
Receive a report on Hercules Connect, a Constituent Relationship Management (CRM) system.
EXECUTIVE SUMMARY:
The City of Hercules values its diverse community and seeks to provide programs and services to keep the public informed and engaged. To accomplish this goal, the City is launching Hercules Connect, a constituent relationship management (CRM) system. Hercules Connect will allow citizens to view important City information and submit questions or requests using their computers or mobile devices.
FISCAL IMPACT OF RECOMMENDATION:
Funds for establishing the Hercules Connect tool were appropriated through the FY 21-22 Annual Budget. No additional funds are requested.
DISCUSSION:
The developer for Hercules Connect, GOGov, has helped over 200+ local governments find solutions for citizen requests, code enforcement, citizen notifications, and online permitting. This evening, GOGov will give a demonstration of the functions available through the powerful tool. 9 10
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
Lauren Berges, City Clerk
6:00 PMTuesday, March 22, 2022
JOINT CITY COUNCIL & SUCCESSOR AGENCY MEETING
Zoom Meeting ID: 886 5070 3562
Zoom Passcode: 192826 / Zoom Phone #: 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
A written public comment was received by Cordell Hindler.
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.
1. 22-106 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
(Discuss Annual Evaluation Per Employment Agreement)
11 March 22, 2022City Council Meeting Minutes
IV. REGULAR 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, 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 there are no final or reportable actions to report.
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Council Member Kelley.
VII. MOMENT OF SILENCE
Mayor Bailey called for a moment of silence for the families affected by the war in Ukraine.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-104
Introduction of New City Clerk/PIO, Lauren Berges
City Manager Hall introduced new City Clerk Lauren Berges. Members of the City Council provided comments and welcomed Lauren to the City.
City Clerk Lauren Berges thanked the City Council and provided comments.
2. 22-107
Proclamation Recognizing April 3rd - 9th, 2022 as National Library Week in the City of Hercules
Mayor Bailey read aloud the Proclamation and presented it to Alison Peters, Hercules Library Manager. Members of the City Council provided comments. Ms. Peters thanked the City Council for recognizing National Library Week.
IX. AGENDA ADDITIONS/DELETIONS
City Manager Hall stated that there were no additions or deletions to the agenda.
X. PUBLIC COMMUNICATIONS
Virtual Public Speaker: Cordell Hindler.
XI. PUBLIC HEARINGS
None.
12 March 22, 2022City Council Meeting Minutes
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Romero, seconded by Vice Mayor Walker-Griffin, to adopt the Consent Calendar. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
1. 22-103
Minutes
Recommendation: Approve the regular City Council meeting minutes of March 8, 2022.
Approved.
2. 22-102 Emergency Declaration Extension
Recommendation: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to May 1, 2022.
Approved.
3. 22-109
Acceptance of the Civic & Sycamore Pedestrian Enhancement Project
Recommendation: Adopt a Resolution accepting the Civic & Sycamore Pedestrian Enhancement Project as complete for a total amount of $98,943 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder's Office.
Approved.
4. 22-110
Acceptance of the Turquoise Drive Rehabilitation and Traffic Calming Project and Foxboro Sewer Access Road Repair Project Recommendation: Adopt a Resolution accepting the Turquoise Drive Rehabilitation and Traffic Calming Project and Foxboro Sewer Access road Repair contract with McGuire & Hester as complete for a total amount of $717,148 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder's Office.
Approved.
5. 22-111
Contract Amendment for the Design of the Willow/Palm Pedestrian Improvement Project
Recommendation: Adopt a Resolution approving Contract Amendment No. 1 in the amount of 39,228 to complete the design of the Willow/Palm Pedestrian Improvement Project for a total, not to exceed contract amount of $113,428.
Approved.
13 March 22, 2022City Council Meeting Minutes
6. 22-114 Resolution Approving the Continuance of an Annual Parcel Assessment to be Adopted by the County Flood Control District for the Contra Costa Clean Water Program for FY 2022-23
Recommendation: Approve a Resolution approving the continuance of the parcel assessment rate of $35.00 per Equivalent Runoff Unit (ERU) for FY 2022-2023 and requesting the contra Costa County Flood Control and Water Conservation District for the Contra Costa Clean Water Program for FY 2022-23.
Approved.
XIII. SUCCESSOR AGENCY - DISCUSSION AND/OR ACTION ITEMS
1. 22-101
Approval of Preliminary Official Statement for the Successor Agency to the Hercules Redevelopment Agency 2022 Tax Allocation Refunding Bonds and Disclosure Procedures, and Related Actions Recommendation: Adopt a Resolution of the Successor Agency to the Hercules Redevelopment Agency approving the form of a Preliminary Official Statement to deem final under Rule 15c2-12, approving disclosure procedures, and authorizing certain other actions in connection therewith.
City Manager Hall introduced the item and Finance Director Gato provided a staff report. Members of the Successor Agency Board asked questions and provided comments. City Consultant and Advisor, Suzy Kim answered questions. There were no public comments.
MOTION: A motion was made by Board Member Kelley, seconded by Board Member Romero, to adopt Resolution SA 22-021. The motion carried by the following vote:
Aye:
Board Member T. Grimsley, Board Member D. Romero, Board Member C. Kelley, Vice Chair A. Walker-Griffin, Chair D. Bailey. 5 -
XIV. DISCUSSION AND/OR ACTION ITEMS
1. 22-112 Spring 2022 Development Site and Capital Improvement Update Recommendation: Receive report, discuss, and provide direction, if any.
City Manager Hall introduced the item. City Manager Hall, Public Works Director Roberts and Parks and Recreation Director Roke provided a presentation along with the City's RITC consultants. Members of the City Council asked questions and provided comments.
A virtual public comment was received by Susan Keefe.
Written public comments were received by: Alice Zhu Mingde; Susan Keefe; Stephen Lawton; Bob Polacchi; Phil Simmons; Charles Morris; Joe Ellen Marcotte.
14 March 22, 2022City Council Meeting Minutes
2. 22-113 Review of the Hercules Communications Assessment Report and Discussion
Recommendation: Receive and provide comment on the
communications assessment report prepared by Tripepi Smith on the City's existing communication efforts and recommendations for improvement. After comments from the City Council and public, staff intends to use this assessment and recommendations to develop the City's first strategic communications plan.
City Manager Hall introduced the item and provided a staff report. Ryder Smith, Jennifer Vaughn and Karen Villasenor provided the results and findings of phase one (1) of their recent assessment of the strategic communications plan. Members of the City Council asked questions and provided comments.
Virtual Public Comment: Cordell Hindler.
3. 22-108
Update on Returning to In-Person Hybrid Meetings
Recommendation: Receive report, discuss, and provide direction to staff.
City Manager Hall introduced the item and provided a staff report.
Members of the City Council asked questions and provided comments.
Staff made a recommendation to hold the first in-person hybrid meeting at the first meeting in April. Mayor Bailey made a request to review the in-person hybrid meeting on a monthly basis.
Virtual Public Comment: Cordell Hindler.
Virtual Public Comment not related to this item provided by: Ms. Charlotte.
MOTION: A motion was made by Council Member Romero, seconded by Council Member Kelley, to approve returning to in-person hybrid Council meetings and to conduct a review of the hybrid in-person meeting monthly. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
XV. PUBLIC COMMUNICATIONS
Virtual Public Comment: Cordell Hindler.
15 March 22, 2022City Council Meeting Minutes
XVI. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
Parks and Recreation Director Roke reported on upcoming summer events and child care registration dates for next year's enrollment. City staff and Council Members reported on attendance at events and community and regional meetings.
There were no future agenda items requested.
XVII. ADJOURNMENT
Mayor Bailey adjourned the meeting at 9:38 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC,
City Clerk
16 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer
SUBJECT: Execution of Standard Caltrans Agreement to Receive $492,000 in Grant Funding for the Sycamore Avenue Rehabilitation Project
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute Caltrans Program Supplement Agreement No. F008 to receive $492K in federal grant funding for the Sycamore Avenue Rehabilitation Project.
FISCAL IMPACT OF RECOMMENDATION:
Executing the Agreement is required to receive the $492,000 in grant funding.
DISCUSSION:
Caltrans requires each local agency to first enter into an umbrella Agency-State Master Agreement to be eligible for federally-funded grants they administer and then enter into individual supplemental agreements to receive funding for each specific grant opportunity.
Hercules previously entered into Administering Agency-State Agreement For Federal-Aid Projects No. 04-5117F15 (Att #3) and is now required to execute Program Supplement No. F008 (Att #2) to receive $492K in federal grant funding.
Both the Mas ter and Program Supplement Agreements are standardized , used by local agencies throughout the State, and according to Caltrans are not eligible for language changes. They require that the local agencies follow Caltrans standard policies and procedures.
The $492K in federal grant funding will be used to rehabilitate Sycamore Avenue between Civic and Palm, which is scheduled for construction this summer.
ATTACHMENTS:
1. Resolution
2. Program Supplement No. F008.
3. Administering Agency-State Agreement For Federal-Aid Projects No. 04-5117F15 17 Financial Impact
Description: Receive $492K in Federal funding for the Sycamore Drive Rehabilitation Project
Funding Source: Federal Grant
Budget Recap:
Total Estimated cost: $ New Revenue: $
Amount Budgeted: $492,000 Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No
18 HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY MANAGER TO EXECUTE CALTRANS PROGRAM SUPPLEMENT AGREEMENT NO. F008 TO RECEIVE $492 ,000 IN FEDERAL GRANT FUNDING FOR TH E SYCAMORE AVENUE
REHABILITATION PROJECT
WHEREAS, the City previously entered into Caltrans Administering Agency-State Agreement For Federal-Aid Projects No. 04-5117F15 to be eligible for federally-funded grants Caltrans administers; and
WHEREAS, the City is now require d to enter into Program Supplement Agreement No. F008 to said Master Agreement to receive $492,000 in federal grant funding for the Sycamore Avenue Rehabilitation Project; and
WHEREAS, Program Supplement Agreements are used by local agencies throughout t he State, are not eligible for language changes, and require that the local agencies follow Caltrans standard policies and procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby authorizes the City Manager to execute Caltrans Program Supplement Agreement No. F008 to receive $492K in federal grant funding for the Sycamore Avenue Rehabilitation Project.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 12th day of April, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, CMC
City Clerk
19 20
SPECIAL COVENANTS OR REMARKS
04-CC-0-HER
STPL-5117(016)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
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21 SPECIAL COVENANTS OR REMARKS
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STPL-5117(016)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3 Page of 7Program Supplement 04-5117F15-F008- ISTEA
22 SPECIAL COVENANTS OR REMARKS
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STPL-5117(016)
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4 Page of 7Program Supplement 04-5117F15-F008- ISTEA
23 SPECIAL COVENANTS OR REMARKS
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STPL-5117(016)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
5 Page of 7Program Supplement 04-5117F15-F008- ISTEA
24 SPECIAL COVENANTS OR REMARKS
04-CC-0-HER
STPL-5117(016)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as 6 Page of 7Program Supplement 04-5117F15-F008- ISTEA
25 SPECIAL COVENANTS OR REMARKS
04-CC-0-HER
STPL-5117(016)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7 Page of 7Program Supplement 04-5117F15-F008- ISTEA
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52 53
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 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 2021 Streetlight Replacement Project
RECOMMENDED ACTION:
Adopt a resolution accepting the 2021 Streetlight Replacement Project contract with NEMA as complete for a total amount of $142,120 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.
FISCAL IMPACT OF RECOMMENDATION:
The final proposed budget for the 2021 Streetlight Replacement Project for Landscaping & Lighting District (LLAD) No. 83-2 is as follows:
Expenditures:
Zone 3&4 Remove & Replace 137 Streetlights (all single lamp) $135,630 Zone 6 Remove & Replace 6 Streetlights (1 single lamp, 5 twin lamp) $6,490 Total $142,120
Revenue:
Zone 3&4 $135,630
Zone 6 $6,490
Total $142,120
The contract originally included $10,000 for site restoration for a total amount of $152,120 but no restoration work was needed. Additionally, no contingency funding was expended on the project.
The single lamp streetlights cost $990 each to replace and the twin lamp streetlights cost $1,100 each to replace.
Funding for the Streetlight Replacement Project is through a no interest loan from the General Fund, which was previously approved by Council and is included in the Adopted FY 21-22 Budget. The General Fund will be reimbursed over a 10-year period through increased lighting and landscaping assessments in Zones 3&4 and 6, which were approved by vote of the respective property owners earlier this year. The assessment increases will terminate after 10 years, when the loans to each zone have been fully repaid.
54 DISCUSSION:
The 2021 Streetlight Replacement Project replaced 143 hollow core wood pole, high pressure sodium bulb streetlights which have exceeded their useful life with durable steel pole, energy efficient LED streetlights. The new streetlights match both the existing PG&E-owned streetlights and recently replaced City-owned streetlights throughout town.
Once awarded the contract, NEMA Construction, who was the low bidder on the project, diligently prosecuted the work to completion in accordance with the plans and specifications and to the satisfaction of the City Engineer. At this time it is recommend the City Council accept the Project as complete so the Notice of Completion can be filed with the County and final payment can be made to NEMA.
New Streetlight
ATTACHMENTS:
1. Resolution
2. Notice of Completion
55 Financial Impact
Description: Expenditure amount not to exceed $142,120.
Funding Source:
LLAD 83-2 Zone 3&4 (Gems/Birds) $135,630
LLAD 83-2 Zone 6 (Village Parkway) $6,490
Total Expenditures $142,120
Budget Recap:
Total Estimated cost: $142,120 New Revenue: $
Amount Budgeted: $142,120 Lost Revenue: $
New funding required: New Personnel: $
Council Policy Change: Yes No
56 CITY OF HERCULES
RESOLUTION NO. 22-
ADOPT A RESOLUTION A CCEPTING THE 2021 STREETLIGHT REPLACEM ENT
PROJECT CONTRACT WIT H NEMA AS COMPLETE F OR A TOTAL AMOUNT OF $142,120 AND AUTHORI ZING THE FILING OF T HE NOTICE OF COMPLET ION WITH THE CONTRA COSTA COUNTY RECORDER’S OFFICE
WHEREAS, the 2021 Streetlight Replacement Project contract was awarded to NEMA Construction for the low bid amount of $152,120 at the October 12, 2021, Council meeting; and
WHEREAS, NEMA began the work shortly thereafter and diligently p rosecuted the work to completion; and
WHEREAS, the project was completed for $ 142,120, as the $10,000 for site restoration and contingency funding was not needed on the project; and
WHEREAS, the project has been completed in compliance with the approved plans and specifications to the satisfaction of the City Engineer; and
WHEREAS, the Notice of Completion must be filed with the Contra Costa County Recorder’s Office to allow final payment to be made to the contractor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby accepts the 2021 Streetlight Replacement Project contract with NEMA as complete for a total amount of $142,120 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 12th day of April 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges
City Clerk
57 NOTICE OF COMPLETION
Recording Requested By:
City of Hercules
When Recorded Mail To:
City Clerk
City of Hercules
111 Civic Drive
Hercules, CA 94547
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: __2021 Streetlight Replacement Project
6. The name of the original Contractor for the Project is:
NEMA Construction_____________________________
555 Pierce Street #1005 Albany CA 94706
7. The Project was completed on: __April 12, 2022
8. The Project is located at: __MISCELANEOUS STREETS IN THE CITY OF HERCULES.
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
58 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lori Martin, Contract Assistant to Administrative Services Director/City Clerk
SUBJECT: Adoption of a Resolution Amending the Internal Service Fund FY 2021- 22 Budget for Information Technology Services increasing its appropriation by $400,000 and authorizing acceptance of reimbursement proceeds from cyber insurance in the amount of approximately $330,000
RECOMMENDED ACTION:
Adopt a resolution amending the Internal Service Fund FY 2021 -22 Budget for Information Technology Services increasing its appropriation by $400,000
FISCAL IMPACT OF RECOMMENDATION:
The cost of the City’s recovery and response to a recent data breach incident will require an additional appropriation of $400,000. There is sufficient available balance in the Internal Service Fund – Information Technology Services to absorb the cost. Pursuant to the City’s cyber insurance policy the city will be reimbursed for the costs associated with the breach response and business interruption costs minus a $50,000 SIR/Retention payment. A resolution amending the City’s Internal Service Fund FY 2021-22 Budget has been prepared for City Council adoption.
EXECUTIVE SUMMARY:
Staff recommends that Council amend the FY 2021-22 Internal Service Fund FY 2021-22 budget for Information Technology Services in an amount not to exceed $400,000 to allow for the City’s recovery and response to a recent data breach incident. Staff has identified $380,000 in costs to date, some of which are estimations and therefore staff is requesting a not to exceed budget appropriation of $400,000 to allow for additional expenses not accounted for and/or received to date. Fortunately, the City through the Municipal Pooling Authority “MPA” maintained a robust insurance policy to cover data breach incidents and most of these expenses will be reimbursed by our insurer.
A listing of costs incurred and estimated costs related to the recent data breach response and recovery efforts are attached hereto. Also provided in this list is the City’s cyber insurance coverage limits. The costs identified in the attached Data Breach Response and Recovery Expenditures of approximately $351,000 are reimbursable expenses by the City’s cyber insurance policy minus the City’s SIR/retention of $50,000.
59 The City of Hercules is a member of Municipal Pooling Authority “MPA”, a Joint Powers Authority “JPA” where the City obtains its insurance products in a cost effective pooled risk management program. Staff would like to recognize MPA Staff and Board for their foresight to seek out and provide the cyber insurance program to its members.
Furthermore, in an effort to increase the City’s IT security infrastructure staff is recommending the installation of new IT security products and services in an amount of $30,000. This amount is included in the not to exceed amount of $400,000 above, however the requested $30,000 budget appropriation to increase the City’s IT security infrastructure is not related to the breach recovery response and therefore is not a reimbursable expense under the City’s cyber insurance policy.
The additional software components to increase the City’s IT security infrastructure will be procured using the Fast Open Contracts Utilization Services (FOCUS) contract. The FOCUS program was established over a decade ago, and under State of California procurement guidelines (Gov. Code 25330-25338), is a competitively bid procurement vehicle for counties, cities, schools, special districts as well as Federal and State governments to use in the direct purchase of their technology needs through established public entity (County) contracts.
ATTACHMENTS:
1. Resolution
2. Data Breach Response and Recovery Expenditures
60 HERCULES CITY COUNCIL
RESOLUTION NO. 22-
RESOLUTION OF THE CI TY COUNCIL OF THE C ITY OF HERCULES AMENDING THE INTERNAL SERVICE FUN D FY 2021-22 BUDGET FOR INFORMATION TECHNOLOGY SERVICES INCREASING ITS APPROPRIATION BY $400,000 AND
AUTHORIZING ACCEPTANCE OF REIMBURSEMENT PROCEEDS FROM CYBER INSURANCE IN THE AMOUNT OF APPROXIMATELY $330,000
WHEREAS, the City Council has adopted the FY 2021-22 Budget on June 22, 2021, representing the financial plan for conducting the affairs of the City of Hercules; and
WHEREAS, staff is proposing that General Fund expenditure appropriations for the Internal Service Fund FY 2021-22 budget for Information Technology Services be increased by $400,000 for costs associated with a recent cyber security data breach for data breach response and recovery efforts; and
WHEREAS, the City Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments are both fair, appropriate and warranted.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules as follows:
1. The Council hereby approves amendment to the City’s Internal Service Fund FY 2021-22 Budget for Information Technology Services to increase appropriations by $400,000 for the costs associated with a recent cyber security data breach for data breach response and recovery expenses.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 12th day of April 2022, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, CMC
61 City Clerk
62 Amount Category
50,000.00 Business Interruption Loss
Resulting from Security Breach
50,000.00 Business Interruption Loss
Resulting from Security Breach
25,000.00 Business Interruption Loss
Resulting from Security Breach
25,000.00 Business Interruption Loss
Resulting from Security Breach
150,000.00
436.96 Business Interruption Loss
Resulting from System Failure
96.68 Business Interruption Loss
Resulting from System Failure
109.24 Business Interruption Loss
Resulting from System Failure
60.08 Business Interruption Loss
Resulting from System Failure
221.67 Business Interruption Loss
Resulting from System Failure
924.63
2,000.00 Breach Response Cost
34,368.75 Breach Response Cost
96,000.00 Breach Response Cost
7,500.00 Breach Response Cost
10,000.00 Breach Response Cost
50,000.00 Breach Response Cost
Minus SIR/Retention -50,000.00
149,868.75
Charles River Assoc Digital Forensics and Incident Response Services - Phase I-II Kroll Invoice through 1/31/22
Invoice # SA00548384 For Professional Services - Forensic Investigation - Endpoint Monitoring and Project Management Coveware
460-4430-643-10-05
Best Buy Hard drive replacement for PD computer 460-4430-643-10-05 Amazon.com Flash drives for computer rebuilds 460-4430-643-10-05 460-4430-611-40-00
Account #Vendor Name Description of item(s) and purpose of purchase Amazon.com Hard drive replacement for surveillance server 460-4430-643-10-05 460-4430-611-40-00
SubTotal
Consulting Services - AMS 200HRs pFLEX - Ransomware Recovery Amazon.com Hard drives for computer rebuild/imaging 460-4430-643-10-05 Best Buy Hard drive replacements for PD computers
100HRs pFLEX - Ransomware Recovery 460-4430-611-40-00
Consulting Services - AMS 200HRs pFLEX - Ransomware Recovery 460-4430-611-40-00 Consulting Services - AMS 100HRs pFLEX - Ransomware Recovery 460-4430-611-40-00 Data Breach Response and Recovery Expenditures as of March 31, 2022 460-4430-611-40-00
460-4430-611-40-00
460-4430-611-40-00
460-4430-611-40-00
SubTotal
Coveware
Statement of work between Coveware and Baker Hostleter for legal services to Hercules
Epiq Corporate Services Data Breach Notification Services (Estimation Only) Settlement - Deletion of Data- Lockbit 2.0
SubTotal
Consulting Services - AMS
Baker Hostetler Legal Services (Estimated between $35,000 - 50,000) 460-4430-611-40-00 460-4430-611-40-00
City's SIR/Retention payment
63 300,793.38
Amount Category
30,000.00
Requested Budget
Appropriation - not
reimbursable by City's cyber
insurance policy
50,000.00 SIR/Retention Payment
80,000.00
Category Coverage
Total Estimated Reimbursable
Costs Incurred Cost
Business Interruption
Loss Resulting from
Security Breach
$750,000 per
Member/Insured
150,000.00 30,000.00 Business Interruption
Loss Resulting from
System Failure
$500,000 per
Member/Insured
924.63 50,000.00
Breach Response
Costs
$500,000 per
Member/Insured but
increases to $1,000,000 per
Member/Insured if Insured
agrees to utilize services
entirely from Beazley
Nominated Service Providers 149,868.75
300,793.38 80,000.00 TOTAL Total in all Categories (Reimbursable expenses)
INSURANCE COVERAGE
New Products/Services to
Increase IT Security
Infrastructure Various Products and Services
460-4430-611-40-00
SIR/Retention Payment Pursuant to Cyber Insurance Policy 460-4430-611-40-00
Total (Non-reimbursable expenses)TOTAL
Requested Budget Appropriation - Estimated
Reimbursable Costs to date - FY 21-22
Vendor Name Description of item(s) and purpose of purchase Account # New Products/Services to
Increase IT Security
Infrastructure
SIR/Retention Payment
Description
Requested Budget Appropriation - Non-Reimbursable
Requested Budgt Appropriation
Non-Reimbursable Costs - FY 21-
22 Budget
64 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Christopher Roke, Parks & Recreation Director William Imboden, Chief of Police
Mike Roberts, City Engineer/Public Works Director
SUBJECT: FOURTH OF JULY FIREWORKS CELEBRATION
RECOMMENDED ACTION:
Receive a report on the status of the Fireworks Show scheduled for July 4, 2022, confirm staff’s recommendation to proceed with a joint Hercules/Pinole Fireworks Show to be launched from Ledcor’s Block M lot on the Hercules Waterfront, and authorize staff to enter into a cost-sharing agreement with the City of Pinole.
EXECUTIVE SUMMARY:
Staff recommends partnering with the City of Pinole to undertake a joint 2022 Fourth of July fireworks Celebration, to be launched from Block M on the Hercules Waterfront. Pinole has agreed to cover half of the costs for this year’s event and staff seeks Council authority to enter into a cost sharing agreement with the City of Pinole.
FISCAL IMPACT OF RECOMMENDATION:
During the June budget meetings in 2021, the Hercules City Council allocated $75,000 towards a July 4, 2022, fireworks celebration show. There may be additional costs depending on the needs of public safety personnel to help reduce any grid lock, fire prevention and any rental needs, i.e. barricades for streets.
DISCUSSION:
The Cities of Hercules and Pinole have been researching both separately as well as together various possibilities for a 2022 Fourth of July Fireworks Celebration show. Below are the four primary options staff has identified and researched:
Option 1:
Hercules and Pinole offer a combined show on the water. The show would be launched from a barge approximately 3,500 feet offshore, close to Sante Fe Ave, near the Hercules/Pinole City limits.
Pros: Working together allows for more money to be dedicated to the quality of the show (shell size, frequency, etc.). For option 1, the pyro tech company would use larger shells (up to size 10” that would reach over a thousand feet in the air). The number of shells and frequency would result in a 65 very nice 20-minute show leaving both cities and their residents very satisfied. Option 1 would cost $69,000, for the show, the barge, the tugs, the cleanup boat, and permits, which is under the total amount both cities have approved for their respective events. In addition, spectators would be allowed to line the Bay Trail to view the show.
Cons: The barge would be located 3,500 feet offshore due to the shallow depth of the bay at this location. Due to the distance from shore, this would result in a sub-optimal viewing experience for residents.
This does not include costs for public safety (Police), or any barricade rentals, staff time to place the equipment, porta-potties, or any other rentals that may be necessary.
Option 2:
Hercules and Pinole offer a combined show on the water, but the barge is situated in the Bayfront area.
By moving the barge to the other side of the Hercules Point, it allows an opportunity to utilize recently constructed buildings for a rooftop viewing event. In Option 2, a barge would be used to launch the fireworks from approximately 5,000 feet offshore due to the shallow depth of the bay in this location.
Pros: The pros are roughly the same as in Option 1, with the caveat of potentially using recently constructed buildings for a rooftop viewing event. The public would also be able to use the Bay Trail to view the show.
Cons: In this option, the barge would be almost a mile offshore. The additional distance is required due to the shallow depth of the bay in this location and the draft of the barge. This would result in a sub-optimal viewing experience for residents. In addition, this location is not as central for both cities.
The cost for this option is the same as for Option 1.
Option 3:
Hercules and Pinole offer a combined show on land. Option 3 would launch fireworks from the back corner of Ledcor’s currently undeveloped Block M of the Bayfront Master Plan Development.
The City of Hercules has obtained permission from the property owner, as well as the adjacent property owners. There would be some site preparation that would be necessary prior to the event on both properties.
Pros: A land launch is always preferred. The location will allow for roof top access for a unique viewing experience. Given the impending build out of the Bayfront this is a one-time opportunity; if fireworks were to be done next year, they would likely need to be done from another location.
Furthermore, the City of Pinole has expressed approval of this option for a 2022 joint fireworks show.
The pyro tech company believes that Option 3 would be optimal for a fireworks event. In this option, the largest shell size would reduce to a 6” shell, which is the largest approved by the Fire Marshall based on the surrounding area. Rodeo/Hercules Fire has previously reviewed this site and agree that this is the only land site to launch fireworks from in Hercules.
Assuming this event stays a joint venture, there would be no need for a barge, tugboat, cleanup boat, water permits, etc. The money that would be spent for these water launch related items would likely get shifted towards public safety, as there would be a greater need for public safety and fire prevention when launching from land.
66 The number and frequency of shells, combined with the closer location, make this the preferred option. Instead of looking out to see the show in the distance, you would look up. In addition, a low- level component could come in to play to really enhance the show. The pyro tech company believes that this option would make an amazing visual 20-minute show that would leave residents energized.
Cons: The location is not as central to both Hercules and Pinole as Options I and 2, but should still afford residents of both cities a spectacular view. The public wouldn’t be allowed any closer than the streets Bayfront, John Muir, etc. More barricades would be needed to block off access to the adjacent property, and to help mitigate traffic. The Fire Department would be more involved with a plan to be on alert for any issues that may arise from embers.
Cost for this show would be similar to the costs for the other options. Again, the savings from not having a barge, the tugs, the cleanup boat, and permits would be reallocated to the increased public safety needs resulting from a land launch. Some of the anticipated costs would be attributed to personnel for public safety, potential overtime, rental and placement of barricades, porta-potties, etc.
Option 4:
Option 4 would be to hold two separate events. The pyro tech company potentially could potentially accommodate both cities. Option 4 has been split into a 4H and a 4P.
4H = Hercules:
Option 4H, would have the fireworks launch from block M. Since Pinole would not partner with Hercules under this scenario, the shell count would go down. Instead of dedicating $50,000 to fireworks, staff would suggest going back to a $35,000 materials cost. This would ensure that there is enough funding to cover the additional personnel costs for public safety.
4P = Pinole:
Option 4P, would have the fireworks launch from a barge, only this time the pyro tech company suggests using a location in Pinole, off Bayfront Park.
Pros and cons for 2 separate venues would include…
Pros: For Hercules, use of the land site is optimal. If fireworks were to be a part of the City’s fabric in future years, in 2023, the fireworks show would need to be moved to another site, probably on water. This could be seen as a pro and con depending on perspective.
For Pinole, if they used the location by Bayfront Park, spectators could use of the bridge for optimal viewing. For both Hercules and Pinole residents, having 2 separate launch sites would allow viewing fireworks t from two different vantage points.
Cons: Separating the two shows could be problematic because of the unknown availability of an additional show operator. Two smaller shows may not be as grand or spectacular as one larger show.
Two separate shows means the respective cities lose an opportunity to partner on a popular event that would benefit residents of both cities. For Hercules, the cons are a smaller display with lower shell count. For Pinole, this option would result in a smaller shell count, plus the barge would still be nearly half a mile from shore.
CONCLUSION:
67 Hercules and Pinole staff have reached agreement regarding the feasibility of conducting a joint show and given this late of date, staff would not recommend separating the show(s). Option 3 described above offers the maximum site advantage and the potential for the most impressive fireworks display.
ATTACHMENTS:
1. March 29, 2021 Staff Report
2. Aerial photos with approximate launch locations for 4th of July Fireworks Celebration
Financial Impact
Description: 4th of July Fireworks Celebration
Funding Source: General Fund
Budget Recap: $75,000.00
Total Estimated cost: $0 New Revenue: $0
Amount Budgeted: $0 Lost Revenue: $0
New funding required: $0 New Personnel: $0
Council Policy Change: Yes No
68 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 13, 2021
TO: The Mayor and Members of the City Council
SUBMITTED BY: Christopher Roke, Parks & Recreation Director William Imboden, Chief of Police
Mike Roberts, Public Works Director/City Engineer
SUBJECT: Post Pandemic Celebration – Community Fireworks Show
RECOMMENDED ACTION:
Receive Report, Discuss, and Provide Direction, if any.
FISCAL IMPACT OF RECOMMENDATION:
There is no cost associated with receiving this report.
DISCUSSION:
At their March 23 meeting, Council directed staff to explore the possibility of a fireworks show on Independence Day or Labor Day to celebrate the end of the pandemic. Since that time, staff has looked into the cost of hosting such a community event, the timing with regards to the pandemic, and potential community impacts.
Staffing costs have been estimated using staffing levels for prior fireworks events. This would include all available police officers (14 total) and sergeants (2 total) for 6 hours on overtime to assist with traffic control and enforcement for a total cost of $13,000. It would also include 7 maintenance workers at a cost of $3,000 to assist with traffic control including setting up and taking down barricades. The fire district standby crew and equipment would cost $2,500. Altogether, the total staffing cost would be approximately $18,500.
The fireworks show costs roughly $1,000 a minute, so a 25-minute show would cost $25,000 assuming an accessible launch site. In prior years, the City of Hercules and Pinole often partnered for the July 4 fireworks celebration which was launched from the Waste Water Treatment Plant in Pinole. According to their staff, last year Pinole elected to discontinue use at that location given the chemicals on site.
Additionally, the fire district has indicated the previous Bayfront launch location is longer available given the recent development. One option for a new launch site would be to use a barge, but that would require consultation with the Regional Water Quality Control Board and may require a permit. Given the available information at this time, and providing for unknown contingencies, it is estimated the fireworks show will cost $30,000. Staff could refine this estimate in the future, if desired.
69 Assuming the City would be hosting a joint event with Pinole as in prior years, the cost of the event is estimated to be $18,500 + $15,000 (half of $30,000) = $33,500. If instead Hercules elected to solely sponsor the event, the cost would be $18,500 + $30,000 = $48,500.
With regards to the timing of a fireworks event, based upon the County Health Department’s current directives and the pandemic’s recent trajectory, it is unlikely a July 4 celebration will be permissible.
However, a Labor Day celebration in September remains a possibility.
Another key issue to consider is that fireworks are regional attractors and given the pent-up demand for community-based events the City could become inundated with vehicles and overwhelm the dedicated resources for traffic control. For this reason, staff is recommending fireworks displays in the near future be a joint event with other agencies in the County.
There are other, more locally-oriented community events Council might also wish to consider to celebrate the end of the pandemic such as a parade; a weekend event in Refugio Park including food trucks, vendors, live music, and movie night; or a Park & Recreation grand (re)opening at the Community Center.
70 Option 1: Barge location off Sante Fe Ave (approximately 3,500’ off the shore line).
71 Option 2: Barge location other side of the Hercules Point – would need to be over 5,000 feet off the shore line (almost a mile out).
72 Option 3 and 4H: Land location on block M of the Hercules Bayfront. *No barge necessary. 73 Option 4P: Barge location off shore about 2,500’ in Pinole, near Bayfront Park and close to the bridge.
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Robert Reber, Community Development Director Larissa Alchin, Contract Assistant Planner
SUBJECT: New state legislation (Senate Bill 9) that provides for ministerial approval of up to two residential units and/or a lot split in a residential single-family zone.
RECOMMENDED ACTION:
This is a study session; therefore, no action is required. However, staff recommends that the City adopt an ordinance to incorporate objective standards for ministerial approval of up to two dwelling units on a parcel and approval of lot splits pursuant to SB 9. If no action is taken, state law will govern applications to construct or develop two-unit residences and urban lot split subdivisions in single- family residential zones.
COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION:
No Commission or Subcommittee actions or recommendations are yet applicable for this action. If an ordinance were to be considered, it would require Planning Commission review.
FISCAL IMPACT OF RECOMMENDATION:
If the Council desires an ordinance be drafted, additional but unknown staff and attorney time will be needed to draft the ordinance, notify the public, and hold required public hearings.
BACKGROUND:
Senate Bill (SB) 9 (Atkins), signed into law by Governor Newsom on September 16, 2021, and effective January 1, 2022, allows a single-family zoned parcel (including single-family Planned Unit Developments) to be subdivided into two parcels and/or two residences to be constructed on each parcel lot. The bill requires ministerial approval of the following development activities:
Two-unit housing development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit to one existing unit).
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Urban lot split – A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (unless a jurisdiction decides to allow additional units).
What Could Be Built Prior to SB 9?
Prior to SB 9, zoning regulations permitted up to three units on a single -family zoned parcel: one primary dwelling, one Accessory Dwelling Unit (ADU), and one Junior Accessory Dwelling Unit (JADU), subject to certain restrictions.
What Changed with SB 9?
Lots Not Being Subdivided
Homeowners can use SB 9 to build two new homes on a vacant lot. If there is an existing home, one additional primary dwelling unit could be added. In addition, one ADU and one JADU would be allowed if no lot split is proposed, for a total of four units.
Lots Being Subdivided
Homeowners that split a lot will be allowed to build two new units on each of the two new lots, allowing for a total of four units. If there are existing units on the lot, new homes can be added, also resulting in a total of four potential units. It is up to jurisdictions to decide if they want to allow ADUs in addition to these four units. The homes must conform to local objective rules, as long as those rules allow on each property at least two units up to at least 800 sf per unit.
SB 9 applies in all Urban Areas (as defined by the US Census Bureau and which applies to all of Hercules), except for the following:
Environmental Sensitivity/Environmental Hazards – Properties designated as:
o Prime farmland or farmland of statewide importance
o Wetlands
o Within a very high fire hazard severity zone (with exceptions) o A hazardous waste site (with exceptions)
o Within a delineated earthquake fault zone (with exceptions) o Within a flood zone (with exceptions)
o Identified for conservation or under conservation easement o Habitat for protected species
Ellis Act – Properties where the Ellis Act was used to evict tenants at any time in the last 15 years.
Historic Properties – Properties located in a state or local historic district, or properties designated historic landmarks.
Other Restrictions
Deed-restricted affordable housing and rental housing – SB 9 projects may not alter or demolish housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. Nor may SB-9 projects alter or demolish housing that is subject to any form of City rent or price control, or housing that has been occupied by a tenant in the last three years. No short-term rentals – Rental terms less than 30 days are not allowed. 76 3
Limits on demolition – Projects not involving a lot split may not demolish more than 25 percent of existing exterior structural walls unless (a) the property has not been occupied by a tenant for three years or (b) otherwise allowed by the jurisdiction.
Urban Lot Split-Specific Rules
One use – Only one lot split is allowed under SB 9, but further splits may be possible under regular subdivision procedures.
Residential only – The uses on the resulting lots are limited to residential uses. Approximately equal size – Each new parcel must be “approximately equal” in lot area provided that one parcel shall not be smaller than 40 percent the size of the original parcel. Minimum 1,200 sf parcel – No parcel shall be less than 1,200 square feet. Jurisdictions may by ordinance adopt a smaller minimum lot size subject to ministerial approval. Intention to occupy – The subdivider must sign an affidavit stating they intend to occupy one of the units for a minimum of three years. The local jurisdiction cannot impose additional owner occupancy standards. Community land trusts and qualified nonprofits are exempted from this requirement.
Limits on adjacent urban lot splits – Neither the subdivider nor any p erson “acting in concert” with the subdivider has previously subdivided an adjacent parcel using an urban lot split. SB 9 does not define what “acting in concert” means or how it would be proven.
Local Agency Criteria
Local agencies may not:
For lot splits:
o Impose a regulation that requires right-of-way dedications or construction of off-site improvements;
o Impose any other owner -occupancy requirements in addition to required owner- occupancy affidavit with a lot split;
o Require the correction of nonconforming zoning conditions as a condition of approval. For both lot splits and two-unit development projects:
o Deny an application solely because it proposes adjacent or connected structures so long as structures meet building code safety standards and are sufficient to allow separate conveyance.
The City may deny a proposed SB 9 project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project (1) would have a specific, adverse impact upon public health and safety or the physical environment, and (2) there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Hercules would rely on Contra Costa County building officials to determine if a project could be denied on this basis.
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Possible Scenarios
The following graphic illustrates potential scenarios that could occur on a single -family zoned property under SB 9:
Figure 1: ABAG Reference Diagram
Potential New Home Creation
It is unclear how many homes will be created by SB 9 over time. While SB 9 increases the zoned potential for residential units in single-family neighborhoods, market conditions and other factors are likely to limit the impacts of SB 9. To assess the potential impact of SB 9 on new housing supply, the Terner Center for Housing Innovation at UC Berkeley1 conducted an analysis to assess the market feasibility (as of July 2021) of new homes as allowed by the then version of the bill. The analysis found that SB 9’s impact will be relatively low , with few new single -family parcels expected to become financially feasible for added units as a direct consequence of this bill. While this analysis did not attempt to calculate the actual rate of new units that would be built through the provisions of SB 9, it is reasonable to assume it will be a modest uptake. Market-feasibility calculations for Hercules—using Urban Footprint data, Terner Center methodology, and MapCraft Labs mapping— are shown in the table below.
1 Resource: Terner Center's "Will Allowing Duplexes and Lot Splits on Parcels Zoned for Single-Family Create New Homes?"
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Table 1- Terner Center SB 9 Model Output for Hercules
Regional Housing Needs Allocation (RHNA)
SB 9 units may be able to count for purposes of Housing Elements and RHNA, but the exact methodology is currently unclear. In future years, it will be based on actual construction trends, but for the upcoming housing element, there is not time to establish a pattern. HCD is expected to come out with guidance on this in the coming months.
Jurisdictions must include all SB 9 units and applications for urban lot splits in their annual progress reports to the state.
DISCUSSION
Hercules can impose objective standards on qualifying development projects so long as the standards do not preclude the construction of at least two units of up to at least 800 square feet each, with minimum required rear and side setbacks no greater than 4 feet.
Two-Unit Ministerial Approval
1. Unit Size and Maximum Site Coverage: The City could allow two units up to 800 square feet and up to the allowed site coverage of 20% in Residential Single-Family Estate (RS-E) and 50% in Residential Single-Family Low Density (RS-L) zoned districts, whichever is greater.
Alternatively, the city could restrict the unit size to 800 square feet regardless of zoning district.
2. Privacy and Setbacks: Pursuant to SB 9, the City can require a minimum setback of four feet on the side and rear. However, if a four -foot rear or side setback on the second floor is proposed, the City could regulate the kind of windows (opaque) or sill height (e.g., taller than five feet) that can be installed at that setback. The SB 9 implementation ordinance could also include objective standards for landscaping and privacy protection. Additionally, the City could regulate second story balconies to lessen the privacy impacts to adjacent properties.
3. Parking: SB 9 does not allow the City to require more than one parking space per unit.
Moreover, SB 9 projects are exempt from the parking requirement if located within one-half mile walking distance of a high-quality transit corridor or a major transit stop, or within one block of a car share vehicle. A “high-quality transit corridor” means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
A “major transit stop” means a site containing any of the following:
An existing rail or bus rapid transit station.
Hercules
Total single-family parcels 5,400
SB 9-eligible parcels 5,400
Total new market-feasible units 594
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A ferry terminal served by either a bus or rail transit service. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
As of this report, the City has no major transit stops or high -quality transit corridors. The Regional Intermodal Transportation Center (RITC) would qualify as high -quality transit corridor in the future. Staff recommends development standards that implement this parking requirement and impose objective standards related to the size and configuration of off-street parking.
4. Design standards: The City should adopt objective design standards related to the architectural look of the buildings, and Council can provide any specific direction on these items. Examples of design standards:
“If the parcel contains an existing single-family home, the additional unit shall have architectural features, building materials, and paint color same as that of the existing unit.”
“New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet in height.”
Urban Lot Split Ministerial Approval
1. Access and Easements: The City may require easements for the provision of public services and facilities. The City may also require each unit located on a parcel created through an SB 9 lot split have vehicular access, either by adjoining or providing access to the public right-of- way.
2. Limitation on ADUs and JADUs : Under SB 9, the City is not required to permit the construction of an accessory dwelling unit or a junior accessory dwelling unit on SB 9 projects that propose both an urban lot split and a qualifying development project. Staff recommends that the SB 9 implementation ordinance clarify any limits on the construction of accessory dwelling units and junior accessory dwelling.
Additionally, the ordinance should define “acting in concert with owner;” and “sufficient for separate conveyance.” Staff must also design application forms, checklists, a deed restriction for short-term rentals, and an affidavit for lot split owner-occupancy requirement.
California Environmental Quality Act (CEQA)
CEQA does not apply to lot split or second unit approval because SB 9 makes these actions ministerial. The ordinances implementing the second unit and lot split provisions are likewise exempt from CEQA.
Next Steps
If directed by Council, the Community Development Department and City Attorney’s Office will develop a draft ordinance to implement SB 9, incorporating any feedback from the City Council.
ATTACHMENTS:
1. Senate Bill No. 9 Text
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