Tuesday, May 10, 2022
7:00 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 ID: 822 4828 1346
Zoom Passcode: 247702
Zoom Phone Number: 1-669-900-6833
May 10, 2022City Council Meeting Agenda
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:
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. 22-163 Proclamation Recognizing May 2022 as Asian American and Pacific Islander Heritage Month
AAPI Heritage Month ProclamationAttachments:
2. 22-160 National Library Week 2022 Presentation
NLW 2022 PresentationAttachments:
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). If attending in-person, please fill out a speaker card and provide to the City Clerk.
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 last pages 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.
May 10, 2022City Council Meeting Agenda
XI. PUBLIC HEARINGS
1. 22-156 Military Equipment Funding, Acquisition, and Use Policy Recommendation: Introduction of an ordinance adopting Hercules Police Department Policy No. 709: Military Equipment, Acquisition, Funding, and Use.
Staff Report - Draft Ordinance wi-jpt-220510
Attach 1 - Ordinance - AB 481 - WI- JPT-220510
Attach 2 - Military Equipment Funding Policy
Attach 3 - Equipment Description list
Attachments:
2. 22-154 AB 1276 Single-Use Plastics Reduction Enforcement Requirements Recommendation: Waive the First Reading and Approve for Introduction an Ordinance Implementing AB 1276 Single-use Plastics Reduction Enforcement.
Staff Report - single use plastic ordinance AB1276 - 220510 Ordinance restricting single use foodware accessories 220510 Att. 2 - SR - AB1276 - 220426
Attach 3 - AB1276
Attachments:
3. 22-155 Public Hearing Regarding Possible Charter City Measure for the November 8, 2022 General Election
Recommendation: Receive and discuss staff report, open the public hearing, take public comment, and provide staff with further direction regarding a potential November 8, 2022 ballot measure to become a charter city.
Staff report for charter city hearing May 10 2022-F (final) Attachment 1 - CITY OF EMERYVILLE CHARTER Example
Att. 2 - Staff Report - Follow up Regarding Potential Tax Measures and Process for Becoming a Charter City 2A - Attach 1 - February 8 2022 Staff Report - Polling Results Related to Extending the Existing Utility Users Tax and the Viability of Becoming a Charter City 2B - Att. 2-Summary Report of January 2022 Community Survey Results 2C - Att. 3 -Changes in Full-Time Equivalent City Government Employees by Function Last Ten Years 2D - Att. 4-February 25 2020 Staff Report - Process for Becoming a Charter City 2E - Att. 5 - January 25 2022 Staff Report to the City Council - Long-Term Financial Projection 2F - Attach 6 - FY 21-22 General Fund Five-Year Financial Forecast 2G - Attach 7 - Estimated Cost to Restore City Services to Pre-Recession Levels 2H - Attach 8 - March 23 2H - 2021 Staff Report - Public Works Department Organizational Review and Analysis 2I - Attach 9 - March 23 2021 City Council Presentation - Public Works Department Organizational Review and Analysis 2J - Attach 10 - March 23 2J - 2021 Final Report - Public Works Department Organizational Review and Analysis 2K - Attach 11 - SUMMARY OF BUILT AND APPROVED RESIDENTIAL UNITS AS OF FEBRUARY 28 2022 (1) Attachments:
May 10, 2022City Council Meeting Agenda
XII. CONSENT CALENDAR
1. 22-162 Minutes
Recommendation: Approve the Regular Meeting Minutes of April 26, 2022.
Minutes April 26, 2022Attachments:
2. 22-157 Automated Closed Captioning and Language Translation for Public Meetings
Recommendation: Adopt a resolution approving the proposed quote from Link Electronics for automated closed captioning and translation equipment for an amount not to exceed $49,617.09 and to appropriate the necessary funding.
Staff Report - Auto Closed Captioning and Translation
Attach 1 - Resolution
Attach 2 - Proposal and description
Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-161 Introduction of the proposed FY 22-23 General Fund and Other Restricted funds budget
Recommendation: Receive an introduction on the proposed FY 22-23 General Fund and Other Restricted funds budget
Budget Intro - GF and Other Governmental Funds SR 05102022 Attach 1 - FY 22-23 Proposed General Fund Budget
Attach 2 - FY 22-23 Proposed Special Revenue Funds Budget - Fund Summaries Attach 3 - FY 22-23 Proposed Debt Service Funds Budget - Fund Summaries Attach 4 - FY 22-23 Proposed ARPA Programs and Projects Attach 5 - ARPA Fund Expenditure Summary and Remaining Balance FY 22-23 Budget Introduction - General Fund and Other Restricted Funds PPT Attachments:
May 10, 2022City Council Meeting Agenda
2. 22-159 Landscaping and Lighting Assessment Districts - Approval of Preliminary Engineer’s Reports and Declaring the City Council’s Intention to Levy and Collect Assessments for Fiscal Year 2022/23 Recommendation: Adopt the following resolutions:
a. A resolution for the preliminary approval of the Engineer ’s Report and declaring the City Council ’s intention to levy and collect assessments for Fiscal Year (FY) 2022/23 within the City of Hercules for Citywide Landscaping and Lighting Assessment District No. 83-2, which is comprised of Benefit Zone Nos. 1, 2, 3&4, 5A, 5B, 5C, 6, 7, 8, 9, and 10, and setting a public hearing for June 28, 2022;
b. A resolution for the preliminary approval of the Preliminary Engineer ’s Report and declaring the City Council ’s intention to levy and collect assessments for Fiscal Year (FY) 2022/23 within the City of Hercules Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 and setting a public hearing for June 28, 2022; c. A resolution for the preliminary approval of the Preliminary Engineer ’s Report and declaring the City Council ’s intention to levy and collect assessments for Fiscal Year (FY) 2022/23 within the City of Hercules for Hercules Village Landscaping and Lighting Assessment District No. 2002-2 and setting a public hearing for June 28, 2022; d. A resolution for the preliminary approval of the Preliminary Engineer ’s Report and declaring the City Council ’s intention to levy and collect assessments for Fiscal Year (FY) 2022/23 within the City of Hercules for Baywood Landscaping and Lighting Assessment District No . 2004-1 and setting a public hearing for June 28, 2022; and e. A resolution for the preliminary approval of the Preliminary Engineer ’s Report and declaring the City Council ’s intention to levy and collect assessments for Fiscal Year (FY) 2022/23 within the City of Hercules for Bayside Landscaping and Lighting Assessment District No. 2005 -1 and setting a public hearing for June 28, 2022.
May 10, 2022City Council Meeting Agenda
FY 2022-23 LLAD ROI May 10th Staff Report_rev1
_FY22-23_HV L&L Atch 1
FY22-23_Bayside L&L Atch 1
FY22-23_Baywd LL Atch 1
FY22-23_Citywd LL Atch 1
FY22-23_VBB L&L Atch 1
L041_2223 PER
L051_2223 PER
L832_2223_PER
L2002-1-2223 PER
L2002-2_2223 PER
Attachments:
3. 22-158 Discussion Regarding Juneteenth Commemoration and Administrative Requirements for Display of a Ceremonial Pan-African or Juneteenth Flag
Recommendation: Receive report, discuss, and provide direction to staff.
Pan African Flag SR 220510
AP 16 Flag Policy
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, May 24, 2022 at 7:00p.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: May 5, 2022)
May 10, 2022City Council Meeting Agenda
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.
If you need assistance with public comment, please contact: Lauren Berges, City Clerk at [email protected] or by calling (510) 799-8215.
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.
May 10, 2022City Council Meeting Agenda
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.
May 10, 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.