Agenda Packet — Hercules City Council, September 13, 2022 (part 1 of 2)

Tuesday, September 13, 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
In Person In Council Chambers or
Zoom ID: 833 8615 2711
Zoom Passcode: 454189
Zoom Phone Number: 1-669-900-6833
1 September 13, 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:
22-268
Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney
22-273 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
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
22-266
Proclamation Recognizing the Month of September as Library Card Sign-Up Month
Library Card Sign-up Month 2022 Proclamation (1)Attachments:

IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council in-person are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers attending via Zoom are asked to use their "raise hand" icon. Speakers will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. 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

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2 September 13, 2022City Council Meeting Agenda
XII. CONSENT CALENDAR
22-267 Minutes
Recommendation: Approve the Regular Meeting Minutes of August 9, 2022.

Meeting Minutes August 9, 2022Attachments:
22-269 Emergency Declaration Extension
Recommendation: Adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361).

Staff Report AB 361
Attach 1 - AB 361 Resolution
Attach 2 - Contra Costa County Health Officer Memo July 5 2022 Attachments:
22-262 Contract Amendment No. 2 with Carollo Engineers
Recommendation: Approve Contract Amendment No. 2 with Carollo Engineers to complete the design and secure easements for the Sycamore Avenue Sewer Trunk Replacement Project in the amount of $58,913 for a total, not to exceed contract amount of $1,010,297.

Staff Report - Sewer Trunk Replacement Carollo Amendment 2 Attach 1 - Sewer Trunk Replacement Carollo Amendment
Attach 2 - Scope and Amendment 2 Executed
534 - Equal Pay Act Contractor Acknowledgment Form DOCUSIGN VERSION Attachments:
22-263 Acceptance of Bayfront Loop Offer of Dedication including the Public Improvements for Subdivision No. 9499 "The Grand" and approval of a maintenance agreement for the frontage landscaping
Recommendation: To adopt the following resolutions 1. Accepting the offer of dedication for Bayfront Loop including the public improvements for Subdivision 9499; and 2. Approving a Maintenance Agreement allowing the Property Owner to maintain their frontage landscaping in Bayfront Loop.

Staff Report - Acceptance of Dedications Subdivision 9499 & Approval of Landscape Agreement Att 1A Reso - Acceptance of Dedications Tract 9499
Att 1B Reso - Loop Road Easement Agreement
Att 2 The Grand Landscape Agreement Signed(3)
Att 3 Subdivision Map 9499 - Block QR (Recorded)
Att 4 The Grand - Street Right of Way Exhibit
Att 5 THE GRAND PUBLIC IMPROVEMENTS EXHIBIT
Attachments:

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3 September 13, 2022City Council Meeting Agenda
XIII. DISCUSSION AND/OR ACTION ITEMS
22-270 Approve a memorandum of understanding with Teamster Local 315, Executive, Mid-Management & Non-Represented Pay Plans
Recommendation: Adopt a Resolution Approving a Memorandum of Understanding with Teamsters Local 315, Pay Plans for Executive, Mid-Management and Non-Represented Employees.

SR - Teamsters FT & Pay Plans 09132022 SR elg revision 09072022 Attach 1 - Resolution Approving Teamster MOUs and Pay and Benefit Plans FY 22-24 Attach 2 - Teamsters Full Time 2022-24 MOU - DRAFT - 202209 with elg comment 09072022 Attach 2 - Teamsters Part Time 22-24 MOU - DRAFT 09132022 Attach 3 - Executive 2022-2024 - DRAFT - 09132022
Attach 4 - Mid Management 2022-2024 DRAFT 09132022
Attach 5 - Non-Represented 2022-2024 - draft 09132022
Attach 6 - SALARY SCHEDULE FY 23-24
Attach 6 - SALARY SCHEDULE FY 22-23
Attachments:
22-260 Discussion of the Insight Market Analysis Report Prepared by HdL ECONSolutions
Recommendations: (1) Receive a presentation on the Insight Market Analysis Report, and (2) With the completion of the INSIGHT Market Analysis report package, it is recommended to proceed with the final two work products for Economic Development Services to assist with retail recruitment support with the preparation of a Community Profile and a Void Analysis to identify possible targetedusers and business type categories based on supply gap sectors.

Business Insight Report - SR
Attach 1 - City of Hercules _ INSIGHT Market Analysis_ 2022_ June Attach 2 - Presentation for Insight report with Hercules Attachments:
22-261 Interim Housing Successor to the former Hercules Redevelopment Agency
Recommendation: Adopt a resolution that the City of Hercules serve as Interim Housing Successor to the former Hercules Redevelopment Agency for a limited period and purposes; designating the housing assets be administered by the City Manager or his designee(s) in order to, among other administrative actions, facilitate the collection of loan payments, execute loan subordinations, and enable borrowers to pay off loans upon sale or refinance of homes.

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4 September 13, 2022City Council Meeting Agenda
Interim Housing Successor Agency SR
Attach 1 - Resolution
Attach 2 - Resolution No. 12-005 (Adopted on 12.10.2012) Attach 3 - DOF letter to the County Housing Authority
Attach 4 - Victoria City RDA reg agree (002)
Attach 5 - Victoria Green - Subordination Agreement - Regulatory Agreement Only - Governmental Entity (No Subordinate Debt) Attach 6 - AssignmentAssumptionAgreement
Attachments:
22-264 Business Grant Assistance and Business Rental Assistance ARPA Programs
Recommendation: Approve the Business Grant Assistance and the Business Rental Assistance Program components and implementation measures.

Business Assistance and Business Rental Assistance Programs - SR Attach 1 - Resolution
Attach 2 - Draft City of Hercules Small Business Assistance Grant Program Guidelines Attach 3 - Draft City of Hercules Small Business Assistance Grant Program Application Attach 4 - Draft City of Hercules Small Business Rent Assistance Grant Program Guidelines Attach 5 - Draft City of Hercules Small Business Rent Assistance Grant Program Application Attach 6 - Business Assistance Programs Presentation
Attachments:
22-271 Agreement with MIG in the amount of $190,845 to complete a Parks Master Plan and the American with Disabilities Act (ADA) assessment for park facilities
Recommendation: 1. Adopt a Resolution authorizing the City Manager to execute an agreement with MIG for a not to exceed amount of $190,845 to complete a Parks Master Plan and American with Disabilities Act (ADA) Assessment for Park Facilities; and 2. Approve an appropriation of $15,845 in General Fund monies to fully fund the America with Disabilities Act (ADA) assessment for Park Facilities.

Staff Report - Parks Master Plan MIG
Attach 1 - RESOLUTION AUTHORIZING AGREEMENT WITH MIG INC. FOR PARKS MASTER PLAN AND ADA ASSESSMENT Attach 2 - MIG_Hercules Parks & Recreation Facilities Master Plan Contract 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.

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5 September 13, 2022City Council Meeting Agenda
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, September 27, 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: September 8, 2022)

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6 September 13, 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.

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7 September 13, 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.

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8 September 13, 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.

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9 A Proclamation of the City Council of the City of Hercules Recognizing the Month of September as Library Card Sign-up Month
WHEREAS, libraries and librarians play a crucial role in the education and development of children; and
WHEREAS, librarians are literacy experts, offering everything from preschool story time to summer reading programs that sustain school-year learning; and WHEREAS, libraries provide a learning environment that fosters joyful exploration, encouraging students to research subjects that they are genuinely curious about; and WHEREAS, librarians create welcoming and inclusive spaces for people of all backgrounds to learn together and engage with one another; and
WHEREAS, librarians provide a variety of books and resources to serve everyone in the community, making knowledge and ideas available so that people have the freedom to choose what to read; and
WHEREAS, a library card empowers all people to pursue their dreams, explore new passions and interests, and find their voice; and
WHEREAS, libraries are constantly transforming to deliver new services that connect closely with community needs, even during a pandemic.

NOW, THEREFORE, BE IT RESOLVED that I, Mayor Dion Bailey, along with my fellow Councilmembers proclaim the month of September as Library Card Sign-up Month in Hercules, California, and encourage everyone to sign up for their own library card today.

_______________________
Mayor Dion Bailey

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
6:30 PMTuesday, August 9, 2022
In-Person in Council Chambers or
Zoom ID: 821 9323 7963
Zoom Passcode: 256577
Zoom Phone Number: 1-669-900-6833
To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING – 6:30 P.M. CALL TO ORDER - ROLL CALL II. PUBLIC COMMUNICATION
Public Speakers: Cordell Hindler
III. COMMISSION INTERVIEWS

1. 22-254 Commission Interviews
Recommendation: Conduct interviews for eligible candidates which have applied for the Hercules Finance Commission.

Councilmembers conducted interview of Terrell Kingwood for the Hercules Finance Commission.

IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL 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
None.

VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Romero

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11 August 9, 2022City Council Meeting Minutes
VII. MOMENT OF SILENCE
None.

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 22-124 Introduction of PG&E Governmental Affairs Liaison, Claudia Luna Representative Claudia Luna introduced herself. Councilmembers provided comment.

IX. AGENDA ADDITIONS/DELETIONS
City Manager Hall had no additions or deletions for the agenda.

X. PUBLIC COMMUNICATIONS
Public Speakers: Al Flanagan
XI. PUBLIC HEARINGS
None.

XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Kelley, 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. 22-251
Minutes
Recommendation: Approve the Special Meeting Minutes of July 21, 2022 and the Regular Meeting Minutes of July 26, 2022.

Approved.

2. 22-244
Emergency Declaration Extension
Recommendation: Adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361).

Approved.

3. 22-241
Accept the Investment Report for the Quarter Ending June 30, 2022 Recommendation: Accept the investment report for the quarter ending June 30, 2022
Approved.

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12 August 9, 2022City Council Meeting Minutes

4. 22-249 Authorizing the City Manager to Contract With Tripepi Smith for General Communications Support
Recommendation: 1. Adopt a resolution authorizing the City Manager to execute an agreement for an amount not to exceed $50,000.00 with Tripepi Smith for General Communications Support; and 2. Amend The FY 2022-23 Budget Appropriation by $50,000.00 to pay for the associated services
Approved.

5. 22-250
Approve a Memorandum of Understanding with the Hercules Police Officers Association
Recommendation: Adopt a Resolution Approving a Memorandum of Understanding with the Hercules Police Officers Association.

Approved.

6. 22-255
Community Development Department Organizational Review and Analysis Recommendation: Appropriate $24,950 for an organizational review and analysis of the Community Development Department.

Approved.

7. 22-257
Resolution Approving Settlement of Claim against PG&E regarding Water Pollution Control Plant Upgrade Project Delays
Recommendation: Staff recommends the City Council adopt a resolution approving a settlement of the claim against PG&E regarding monetary damages caused by delays at the water pollution control plant upgrade project
Approved.

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-246
Commission Appointment
Recommendation: Review all eligible candidates which have applied for Hercules Boards and Commissions. City Council will make their selection and appointment directly following the special meeting interview process.

Councilmembers provided comment and discussion regarding the appointment of Terrell Kingwood to the Finance Commission.

Councilmembers unanimously agreed to appoint Mr. Kingwood to the Commission.

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13 August 9, 2022City Council Meeting Minutes

2. 22-256 Commissioner Attendance Requirements
Recommendation: Receive and discuss the report and provide direction to staff
Presentation by City Attorney Patrick Tang. Councilmembers provided comment. Staff provided comment. Councilmembers requested the item come back for further discussion to consider an alternative excused absence process or maintain the attendance requirements as they are.

3. 22-248
Memorandum of Understanding (MOU) with the City of Pinole for the San Pablo Avenue Bridge Replacement Project
Recommendation: Receive a presentation on the San Pablo Avenue Bridge Replacement Project and approve an MOU including the preferred bridge alignment.

Presentation by Director of Public Works Mike Roberts and Jason Jurrens of Quincy Engineering. City of Pinole Public Works Director Sanjay Mishra provided comments. Councilmembers provided comments.

Public Speakers: Al Flanagan; Bob Antaki; Ckhuu
MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 2022-70. The motion carried by the following vote:

Aye: Council Member T. Grimsley, Vice Mayor A. Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
4 -
Nay: Council Member D. Romero1 -

4. 22-243
Sole Source Contract with Gray Bowen Scott for a Not to Exceed Amount of $474,753 to Advance the Regional Intermodal Transit Center for Grant Funding and Project Readiness and Appropriating $474,753 from the General Fund/Capital Project Reserve to Fully Fund the Contract.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract with Gray Bowen Scott (GBS) for a not to exceed amount of $474,753 to advance the Regional Intermodal Transit Center (RITC) for grant funding and project readiness and appropriating $474,753 from the General Fund/Capital Project Reserve to fully fund the contract.

Presentation by Director of Public Works Mike Roberts. Leo Scott commented. Councilmembers provided comment. No public comment.

MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 2022-71. 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 -

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5. 22-242 Award of a Construction Contract for the Sycamore Avenue Pavement Rehabilitation Project
Recommendation: Adopt a resolution authorizing the City Manager to execute a construction contract with McGuire & Hester in the amount of $925,400 for the Sycamore Avenue Pavement Rehabilitation Project, authorizing an additional expenditure of up to $92,540 for a 10% contingency on said construction contract, for a total not to exceed contract amount of $1,017,940.

Presentation by Director of Public Works Mike Roberts. Councilmembers provided comment. No public comment.

MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Romero, to adopt Resolution 2022-72. 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 -

6. 22-247
FY 22-23 Capital Improvement Program Update
Recommendation: Receive presentation, discuss, and provide direction if any.

Presentation by Director of Public Works Mike Roberts. Councilmembers provided comment. No public comment.

7. 22-245
Agreement with CSG Consultants for Code Enforcement Services Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with CSG Consultants in the not-to-exceed amount of $130,000 for code enforcement services.

Presentation by Director of Community Development Tim Rood.

Councilmembers provided comment. No public comment.

MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt Resolution 2022-73. 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 -
XIV. PUBLIC COMMUNICATIONS
Public Speakers: Marna Anning
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
City Manager Hall announced the upcoming Economic Development meeting scheduled for August 16th and the Business Roundtable scheduled for August 25th. Mr. Hall also provided an update on last

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15 August 9, 2022City Council Meeting Minutes
Tuesday's well attended National Night Out event.

Councilmembers reported out on local and regional meetings and events.

Councilmember Romero requested a future agenda item to address Sycamore North parking district issues. Mr. Romero also requested that staff look into crime occurring at the Grand.

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
Mayor Bailey adjourned the meeting at 10:09 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC
City Clerk

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16 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 13th, 2022

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Lauren Berges, City Clerk

SUBJECT: Emergency Declaration Extension

RECOMMENDED ACTION: Adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361)

FISCAL IMPACT OF RECOMMENDATION: There are no direct financial impacts from enactment of the proposed resolution.

EXECUTIVE SUMMARY:

When the COVID-19 pandemic started, local agencies struggled to conduct their public meetings in compliance with the Brown Act’s public accessibility requirements while still abiding by stay- at-home orders. As a result, Governor Newsom signed Orders N-25-20, N-29-20, and N-35-20 to grant local agencies the flexibility to meet remotely during the COVID-19 pandemic. These orders expired on September 30, 2021.

On September 16, 2021, Governor Newsom signed into law AB 361 – Brown Act: Remote Meetings During Emergencies. AB 361 went into effect immediately upon signature by the governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial "proclaimed state of emergency," and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.

There are key differences between the Executive Orders, which expired September 30, 2021, and AB 361. AB 361 imposes requirements with respect to public comment, however, the City of Hercules currently satisfies legal requirements with respect to live public comment via Zoom in alignment with AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend measures to promote social distancing. These conditions continue to exist. Determinations by 17 the local agency that the emergency impacts the ability to meet safely in person must be re- visited every 30 days.

Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. In addition, the Contra Costa County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.

Continuing the remote meetings would provide for a consistent meeting format until the pandemic emergency is lifted.

DISCUSSION:

AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers, Commissioner, or Committee Members, are teleconferencing in from. To have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council must pass a resolution stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that any of the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Commissions, and Committees to meet safely in person; and

2. The State of California and the City of Hercules continue to impose or recommend measures to promote social distancing.

This Resolution makes the findings to confirm the current conditions to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the commissions and committees created by the City Council pursuant to Government Code section 54952(b). The Resolution authorizes teleconference meetings including hybrid meetings held both via teleconference and in-person. This Resolution will allow members of the public to safely observe and participate in local government teleconference meetings during the continued pandemic.

AB 361 requires City Council to make these findings every 30 days to continue teleconference hearings. If adopted, staff will agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings are necessary.

If the Resolution is not adopted, the City will be required to hold public meetings in-person or conduct teleconference meetings pursuant to subsection 54953(b)(3) of the California Government Code which will require posting of the agenda at each teleconference location and for the public to be admitted to each teleconference location.

ATTACHMENTS:

1. Resolution

2. Contra Costa Health Services Recommendation
18 HERCULES CITY COUNCIL
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

AUTHORIZING VIRTUAL CITY COUNCIL, COMMISSION, AND COMMITTEE

MEETINGS DURING A DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE 54953 (AB 361)

WHEREAS, the City Council of the City of Hercules is committed to ensuring public access to observe and participate in local government meetings; and

WHEREAS, all meetings of the City Council and its other legislative bodies created pursuant to Government Code section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and

WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, the Governor signed Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings by teleconference or by other means; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which ended the provisions of Executive Order N-29-20 on September 30, 2021; and

WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) into law allowing legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including the requirement that the legislative body make specified findings. AB 361 (2021) took effect on October 1, 2021; and

WHEREAS, AB 361 authorizes local legislative bodies to continue using teleconferencing and virtual meeting technology as long as there is a gubernatorial "proclaimed state of emergency," and either (1) State or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees; and

WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and

WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and

WHEREAS, State and local health officials have imposed and recommended social distancing measures for the protection of public health and safety in response to COVID-19; and

WHEREAS, the Contra Costa Health Services Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and

WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person 19 and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including its variants; and

WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies.

Based on the California Governor’s continued declaration of a State of Emergency and the Contra Costa County Health Services Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions continue to exist pursuant to Government Code sections 54952(e)(1) and 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

Section 3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

Section 4. Effective Date. This Resolution shall take effect immediately and shall be in effect for a period of 30 days from the date of adoption. The City Council may reconsider the circumstances necessitating this resolution within 30 days of the adoption of this resolution.

NOW, THEREFORE, BE IT FURTHER RESOLVED the foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of September, 2022 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Dion Bailey, Mayor
ATTEST:

Lauren Berges, City Clerk
20 3

21 Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of July 5, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 7-5-2022

Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
22 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 13, 2022

TO: The Mayor and Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer

SUBJECT: Contract Amendment No. 2 with Carollo Engineers to Complete the Design and Secure Easements for the Sycamore Avenue Sewer Trunk Replacement Project in the Amount of $58, 913 for a Total, Not To Exceed Contract Amount of $1,010,297

RECOMMENDED ACTION:

Approve Contract Amendment No. 2 with Carollo Engineers to complete the design and secure easements for the Sycamore Avenue Sewer Trunk Replacement Project in the amount of $58,913 for a total, not to exceed contract amount of $1,010,297.

FISCAL IMPACT OF RECOMMENDATION:

There are sufficient Sewer Funds in the Adopted FY 22/23 Budget to cover the cost of Amendment No.2.

DISCUSSION:

The Sycamore Avenue Sewer Trunk Replacement Project will replace 5,500 feet of the City’s primary 24-inch trunk sewer with a new 30-inch trunk sewer beginning at Duck Pond Park and ending at the influent intake to the Wastewater Treatment Plant in Pinole. The trunk sewer was constructed in 1972 and has exceeded its useful service life, is deteriorating, and needs to be increased in size to convey the increased flows from future development.

The design for this project is complex. The alignment includes trenchless installation under the railroad tracks, trenchless construction of a new siphon crossing under Pinole Creek, realignment of the new sewer line down Camden Avenue, a section of pipeline that will be 35+ feet deep, variable water table, congested utility corridors, and changing soil conditions that require extensive geotechnical investigations. The construction cost is estimated to be approximately $14M.

Carollo has been diligently working on the design since their contract was approved in January 2019.

Their last major task was completed in October 2021 when they addressed constructability comments from the construction management firm and prepared a set of draft construction documents for 23 bidding. Since that time, the y have been working diligently on obtaining the remaining project permits and easements for the final pipe alignment.

The permit from the Corps of Engineer was finally received approximately a year later and the impact of its conditions on the design needs to be evaluated. Given the passage of time and impacts from the pandemic, there have been changes in the market conditions that will impact the project including pipeline availability, lead time, and material costs. The contract documents and engineer’s estimate need to be reviewed and updated prior to bidding the project to account for these new developments.

Additionally, the sewer alignment was revised during the design to avoid construction within a resident’s driveway near the foundation of their house. This change requires the acquisition of a second easement.

Lastly, the City received a License Agreement from Union Pacific for the railroad crossing. UP is indicating the fee for the use of their property would be $176K. Staff is recommending including the Optional Task for $10,500 to have Carollo’s right of way subconsultant ARWS assist the City in evaluating this land valuation and negotiations with Union Pacific. The funding for this Optional Task would only be expended on an as-needed basis.

Staff is recommending approval of Amendment No.2 in the amount of $58,913 to advance the project to final bid readiness, secure the necessary easements, and ensure the License Agreement fee is fair.

ATTACHMENTS:

1. Resolution

2. Scope and Budget Amendment No. 2

Financial Impact
Description: Expenditure amount not to exceed $58,913.

Funding Source: Sewer Fund. Fund No. 420-5475-611.90-00

Budget Recap:

Total Estimated cost: $58,913 New Revenue: $
Amount Budgeted: $58,913 Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No

24 RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING CONTRACT AMENDMENT N O. 2 WITH CAROLLO ENGINE ERS TO COMPLETE

THE DESIGN AND SECURE EASEMENTS F OR THE SYCAMORE AVEN UE SEWER TRUNK REPLACEMENT PR OJECT IN THE AMOUNT OF $58, 913 FOR A TOTAL, NOT TO EXCEED CONTRACT AMOUNT OF $1,010,297

WHEREAS, since their contract was approved in January 2019 Carollo has been diligently working on the design of the Sycamore Avenue Sewer Trunk Replacement Project; and

WHEREAS, the Corps of Engineers permit took approximately a year to receive and the impacts of its conditions on the design needs to be evaluated; and

WHEREAS, given the passage of time and impacts from the pandemic , there have been changes in the market conditions th at necessitate the contract documents and engineer’s estimate be reviewed and updated prior to bidding the project; and

WHEREAS, the sewer alignment was revised during t he design to avoid construction within a resident’s driveway near the foundation of their house, which requires the acquisition of a second easement; and

WHEREAS, the City received a License Agreement from Union Pacific for the railroad crossing which includes a fee of $176K which needs to be evaluated an d negotiated with Union Pacific; and

WHEREAS, the cost for Carollo to complete this additional work has been determined to be $ 58,913 and staff is recommending a contract amendment s o that the additional work can be completed; and

WHEREAS, there are sufficient Sewer Funds the adopted FY 20/21 Budget to fully fund this amendment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the Ci ty Council hereby approves Contract Amendment N o. 2 with Carollo Engineers to complete the design and secure easements for the Sycamor e Avenue Sewer Trunk Replacement Project in the amount of $58, 913 for a total, not to exceed contract a mount of $1,010,297 and authorizes the City Manager to execute the amendment on behalf of the City.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of September, 2022 by the following vote of the Council:

AYES:

NOES:
25 ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:

Lauren Berges, City Clerk
26 Original Agreement No.19-002
Original Agreement No. 19-002 Amendment 2
City Council Resolution No.___________
Sycamore Ave Truck Sewer Replacement Project
AMENDMENT NO. 2

APPROVING A REVISED ATTACHMENT A “SCOPE OF SERVICES” AND ATTACHMENT B “PAYMENT”

1. Parties. The parties to this Contract Amendment are the City of Hercules , a public body corporate and the following named Contractor:

Carollo Engineers, Inc.
2795 Mitchell Drive, Walnut Creek, CA 94598
Attn: Anne Prudhel / [email protected]

The parties to this Contract Amendment do mutually agree and promise as follows:

2. Purpose. This Amendment No. 2 is being entered into to amend an existing contract between the City and Contractor which was approved by the City Council of the City of Hercules on January 8, 2019 by Resolution No. 19-002. Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments ther eto, which are unaffected by this Contract Amendment Agreement.

4. Amendment. This Amen dment No. 2 is intended to amend the Original Contract and previously approved amendments (collectively, the "Amended Contract") thereto to provide for additional compensation in an amount not to exceed $58,913, total contract amount $1,010,297.

5. Amendment Approval: This Amendment No. 2 is hereby approved by the City Council of the City of Hercules on this _______ day of _____________, 2022.

6. Signatures. These signatures attest the parties' agreement hereto:

City of Hercules

s/_______________________________
Dante Hall, City Manager

Date: ___________________________

Approved as to form:

By ______________________________
Patrick Tang, City Attorney
Carollo Engineers, Inc.

s/_________________________ s/______________________

__________________________ _______________________ Name/Title Name/Title

Date: _________________ Date: __________________

Attachments: Attachment A: Scope of Service, Attachment B: Payment DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 Vice President
9/5/2022
Anne E Prudhel
DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 9/6/2022
Sr.VPKen Wilkins
27 2795 Mitchell Drive, Walnut Creek, California 94598
P. 925.932.1710 F. 925.930.0208

A. | Amendment Request.docx
September ,

Mr. Mike Roberts, Public Works Director/City Engineer
City of Hercules
Civic Drive
Hercules, CA *+,
Subject: Sycamore Avenue Trunk Sewer Replacement Project – Amendment No. Request Dear Mr. Roberts:

Carollo addressed the constructability comments in October and prepared a set of construction documents for bidding. At the time, some key permits including the Corps of Engineers and Union Pacific Railroad (UPRR) were still outstanding. The decision was made to hold off on bidding the project due to the uncertainty of when permits would be received. Since then, we have been working diligently on obtaining the remaining permits and easements required for the final alignment.

The Army Corps permit has since been acquired and the UPRR license agreement will be executed upon approval of City Council. At this time, we are still working with UPRR to confirm the cost of the license agreement and have included an optional task to have Associated Right of Way Services help with UPRR negotiations.

Ten months have passed since completing the documents and there have been changes in market conditions that will impact the project including pipeline availability and lead times and material costs. The contract documents and engineer’s estimate need to be reviewed and updated prior to bidding the project.

Additionally, the sewer alignment was revised during design to avoid construction within a resident’s driveway and near the foundation of their house. This change requires acquisition of two easements. The original scope and budget assumed acquisition of just one easement.

Below is a more detailed description of the additional work to performed and the associated level of effort by task.

Task 4 – Right-of-Way Services
Appraise, negotiate, and prepare acquisition documents for an easement on a second property at the top of Camden Lane. Documents will include offer letter, appraisal summary statement and summary of the basis for just compensation, summary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure. All acquisition documents will be provided to the City for written approval of use prior to being used in the field.

Optional Task: Support the City in negotiating the UPRR license agreement cost.

Task 7 – Final Design
Bid Set Completion. Review the contract documents from October and revise as necessary to reflect recently received permit conditions, work performed by EBMUD and PG&E, changes required based on current industry and market conditions, and revised bid date information.

DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 28 Mr. Mike Roberts
City of Hercules
September ,

Page

carollo.com
Revise the engineer’s estimate of probable construction cost to reflect current market conditions.

Provide draft bid set to Construction Manager (CM) for review. Address any final comments from CM and prepare final bid set.

Fee for Additional Work
The fee associated with the work identified above is >?,. An optional task to be authorized at the City’s discretion is also provided for an additional >,+. Table presents the breakdown of the fee by task.

Attachment provides a detailed breakdown of hours.

Table –Amendment Requested fee by Task
Task Carollo
Hours Carollo Labor Cost Sub Consultant Cost Amendment Request Task . – Right of Way Services >+ >,,?+ >?,A Task ,. – Final Design >,+? > >,+
TOTAL , , ,
Optional Task (UPRR License Agreement Support) ,

If you have any questions or would like to discuss further, please contact me at (*+) *,,‐* or [email protected].

Sincerely,

CAROLLO ENGINEERS, INC.

Anne E. Prudhel, P.E.

Vice President/Project Manager

AP:ap

cc: File

DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 29 PIC/PM PE Drafter Engineer DP Total Labor PECE ODC Total Task Task Description $323 $242 $194 $165 $111 Hours Cost $13.50 Trips Amount Total Cost

4.0 Right of Way Services

4.2 Negotiations, Development of Easement Docs 0 2 0 0 0 2 $483 $17,850 $27 $0 0 $0 $17,877 $18,360 Task 4.0 Totals = 0 2 0 0 0 2 $483 $17,850 Task 4.0 Totals = $18,360

7.0 Final Design
Bid Set Completion 8 48 48 12 24 140 $28,163 $1,890 $0 0 $0 $1,890 $30,053 Task 7.0 Totals = 8 48 48 12 24 140 $28,163 $0 Task 7.0 Totals = $30,053 TOTAL 8 50 48 12 24 142 $28,646 $17,850 $1,917 $0 0 $0 $19,767 $48,413 Optional Task (UPRR License Agreement Support) $10,500
ATTACHMENT 1
Subconsultants
Mileage

LABOR AND BUDGET ESTIMATE
City of Hercules
Sycamore Ave Sewer Trunk Replacement
Amendment No. 2 Request for Design and Bidding Services Other Direct Costs (ODC)
Carollo Labor
Includes 5%
Markup
Pass
Through
Fee
Hercules Trunk Sewer_Budget_Amendment 2.xlsx 9/1/2022
DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 30 MEMORANDUM

DATE: September 1, 2022
TO: Anne Prudhel – Carollo
FROM: Matthew Schock – Associated Right of Way Services, Inc.

PROJECT: City of Hercules – Sycamore Avenue Trunk Sewer Replacement Project SUBJECT: Change in Scope of Services and Budget Amendment

Type of Change:

 Level of Effort  Scope of Services  Other
The original scope of work was for appraisal and acquisition services from 1 parcel. T he current (revised) scope is to perform the same services, but for 2 parcels.

Budgetary Change:

No Change at this Time Additional Funds Needed Reduction of Budget We previously were approved for services for right of way services (including appraisal, ac
quisition and project management) for one parcel at a budget of $20,000. However, services will be required for 2 parcels (APN 404 -460-008 and 404- 460-041). Our estimate is that an additional $17,000 will be required to provide the right of way services for the additional parcel , for a total of $37,000.

P
lease contact me with any questions. I can be reached at (925) 400-8501.

Additional Funds Authorized

By:

Date:

Title:

DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 31 ADDITIONAL SCOPE OF WORK
Associated Right of Way Services, Inc. (AR/WS) will provide right of way services to Carollo Engineers, Inc. (Client) for the City of Hercules (City) Sycamore Avenue Trunk Sewer Replacement Project.

AR/WS was previously scoped to provide project management, appraisal and acquisition services for one parcel. The scope detailed below is identical to the scope originally required for one parcel, and has been revised to include these services for 2 subject properties, as follows:

APN OWNER ADDRESS
404-460-008 MCCLURE, JANAIAH LUNDBLADE 136 CAMDEN LN
404-460-041 COLLINS MANAGEMENT CAMDEN LN
ASSUMPTIONS :
→ No major improvements are within the acquisition areas. Only includes minor site improvements.
→ Assumes no damages result to the remainder parcels as a result of the acquisitions or project.

P
ROJECT MANAGEMENT – GENERAL CONSULTATION
• Establish work process with Client and schedule, manage and coordinate all real estate functions.
• On-going consultation, meetings and recurring project management duties. • Coordinate with Client, City, appraiser, property acquisition agent and legal counsel. • Assistance with analyzing various courses of action. Work with Client and City to resolve problems and recommend solutions.
• Contract management, budget monitoring and control, and project reporting. • Implementation and compliance with applicable state and federal laws and regulations. • Maintaining accurate records. Monitor work plan and work flow.

APPRAISAL
• Appraisals to be delivered to Client and City staff as directed. • Appraisals to be prepared in accordance with California Eminent Domain Law, California Government Code Section 7260 et seq., and the Uniform Standards of Professional Appraisal Practice requirements, except as jurisdictionally exempt. • The owner or a designated representative will be invited by the appraiser to accompany him/her during the inspection of the property.
• Appraisals to be prepared in an Appraisal Report format in accordance with Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2. • Appraisal is for the “Fair Market Value” of the property as per California Code of Civil Procedure, Section 1263.320.

DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 32 • The appraiser will issue the necessary public acquisition informational brochure to all owners.
• In accordance with the California Code of Civil Procedure Section 1263.330, the market value of the property acquired will not include consideration of any increase or decrease in the value of the property that is attributable to any of the following:
→ The project for which the property is taken;
→ The eminent domain proceeding in which the property is taken; → Any preliminary actions of the acquiring authority relating to the taking of the property. • If revi sions are made to the property or assignment requirements during the appraisal process or upon completion of the report, appraisal time to address these revisions will be billed on an hourly basis in accordance with the AR/WS Fee Schedule. (Optional Service) D

ELIVERABLES
 Draft Notice of Decision to Appraise for approval.
 Appraisal Report.

CLIENT /C ITY OBLIGATIONS
• Design information and construction plans.
• Current title reports for each ownership.
• Environmental reports, if available.

NEGOTIATIONS / ACQUISITIONS
• AR/WS to prepare acquisition documents. Said documents include, but are not limited to:
offer letter, appraisal summary statement and summary of the basis for just compensation, summary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure. AR/WS will initiate and maintain individual acquisition files. All acquisition documents to receive City’s written approval as to form prior to use in the field.
• AR/WS will negotiate to acquire permanent easement s identified by the Client. We are assuming there will be negotiations with up to 2 property owners and no lessees. • All discussions for the acquisition of property or an interest therein will be directed to result in the payment of just compensation.
• If settlement with owners is reached pursuant to the City approved appraisal or City approved administrative settlement, AR/WS will prepare a Memorandum of Settlement for transmittal to City, reviewing the issues. This mem orandum will require City written approval before implementation of any settlement agreement. • AR/WS will make every reasonable effort to acquire property on behalf of the City expeditiously through agreement with its owner and to avoid litigation. This may necessitate greater levels of effort in the negotiations phase and, where appropriate, should continue after eminent domain has been initiated. City will provide ongoing feedback to AR/WS as to authorization for settlements.

DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 33 • AR/WS will establish a process of coordinating escrow closings and reviewing escrow instructions. Where there are escrow closings, preparation of escrow instructions will be completed by title company. Approval of conditions of title and escrow instructions, including but not limited to, “subject to” title exceptions, will be done by City. • If agreement with all owners cannot be reached, AR/WS will advise City that negotiations have reached an impasse. The City will consider scheduling of an action in eminent domain including the required public necessity hearing. AR/WS will provide condemnation support as needed and requested, budget allowing.

ELIVERABLES
 Draft Acquisition Documents for approval.
 Memorandum of Settlement and Signed Agreement (upon settlement).  Notice that negotiations have reached an impasse (if needed).

CLIENT /C ITY OBLIGATIONS
• Written approval of all acquisition documents in a timely manner. • Direction as to administrative settlements, negotiating authority and condition of title acceptance.
• Providing any formats to be used by AR/WS on City’s behalf. • Selection of title company.
• Review and approval of title company prepared escrow instructions.

DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 34 ORDINANCE NO. 534

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING HERCULES MUNICIPAL CODE TITLE 2, BY ADDING A NEW ARTICLE 5 (CHAPTER 2-3.5) ENTITLED, “CITY CONTRACTOR EQUAL PAY ACT COMPLIANCE ”, TO PROVIDE A

LOCAL MEANS OF DETERMINING WHETHER ENTITIES CONTRACTING WITH

THE CITY OF HERCULES ARE IN COMPLIANCE WITH THE REQUIREMENTS OF

THE CALIFORNIA EQUAL PAY ACT
WHEREAS, the California Equal Pay Act was originally enacted to prohibit an employer from paying its employees less than employees of the opposite sex for equal work; and WHEREAS, in 2015, Governor Jerry Brown signed the California Fair Pay Act, which strengthened the California Equal Pay Act and signaled California’s commitment to achieving real gender pay equity; and
WHEREAS, since 2015 there have been additional amendments to the California Equal Pay Act; effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories so that the Act now prohibits paying employees less than employees of the opposite sex, or of another race, or of another ethnicity for substantially similar work; and WHEREAS, the protections, procedures, and remedies relating to race- or ethnicity-based claims are now identical to the ones relating to gender; and
WHEREAS, in addition, employers are prohibited from using prior salary to justify any sex -, race-, or ethnicity-based pay difference; and
WHEREAS, while the State of California has amended the Equal Pay Act to eliminate loopholes and expand its protections, there is no mechanism for a local agenc y to determine whether contractors or firms who seek to contract with the local agency are in compliance with the requirements of the Equal Pay Act; and
WHEREAS, recent salary studies have shown that women continue to be paid less than men for the same line of employment; and
WHEREAS, recent salary studies have verified that similarly qualified Black, Asian, and Latinx women continue to earn less on average than their white counterparts; and WHEREAS, anecdotal evidence suggests that the COVID -19 pandemic has disproportionately impacted women, especially women of color.

SECTION 1. Recitals. The City Council hereby incorporates the above recitals into this Ordinance by this reference.

SECTION 2. Amendment. That the City Council of the City of Hercules does hereby AMEND the Hercules Municipal Code to ADD Title 2, Chapter 3, Article 5, to read as follows:
“Article 5. City Contractor EQUAL PAY ACT Compliance
Sec. 2-3.501 Purpose.

In adopting this Article, it is the intent of the City Council to provide a local means of determining whether entities contracting with the City are in compliance with the California Equal Pay Act.

The regulations established by this Article shall apply to all individuals or firms who provide services to the City as independent contractors or paid consultants.

Sec. 2-3.502 Definitions.
“City” as used herein shall mean the City of Hercules, California. “City Officials,” for the purposes of this Article, means City elected officials, City appointed officials, and City employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City agencies and departments.
“Contractor” means any individual or firm providing or proposing to provide material, equipment, or services to the City as an independent contractor or consultant.

Sec. 2-3.503 Requiring Equal Pay Act Compliance in Public Contracting. (a) Statement of Policy. It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, and professional or other services to contractors that are not in compliance with the requirements of the California Equal Pay Act. The awarding of a contract or the approval of payments or expenses under a contract DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 36 by a City Official, to a person or entity that has not complied with the reporting requirements of this Article, is regarded as a violation of this Section.

It is therefore the City’s policy to prohibit awarding City contracts, according to the guidelines below:
(1) A contractor shall not be awarded a contract with the City when the contractor has been determined to have violated the Equal Pay Act at any time within the preceding five (5) years.
(2) A firm shall not be awarded a contract with the City when an owner, manager, senior member, principal, officer, or partner of the firm has been determined to have violated the Equal Pay Act at any time within the preceding five (5) years. (3) A City Official The City Manager is prohibited from approving the awarding of a contract to a contractor who refuses to comply with the requirement to provide an acknowledgment of Equal Pay Act compliance pursuant to Section 2-3.506.

The intent of this Section is to ensure that no discrimination against individuals or groups protected under the California Equal Pay Act enters into the contracting practices of the City.
(b) Responsibility to Report a Violation of Contractor Equal Pay Act compliance requirements. It is the responsibility of City Officials to report a violation of this Section.

A City employee must notify his or her supervisor, and an elected or appointed official must notify the City Manager, when he or she is aware of any of the following situations:
(1) When a contractor has been found to be in violation of the Equal Pay Act and is being considered for the award of a contract to provide services to the City; and/or (2) When a City Official becomes aware of a contractor with an existing contract to provide material, equipment or services to the City is found to be in violation of the Equal Pay Act.
(c) Penalty for Failure to Report. A City Official who knows or should know that a contractor is being considered for or has been awarded a contract with the City in violation of this Article, and fails to report the violation, is subject to discipline, including, but not limited to, suspension or termination.

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 37 (d) A contractor with a contract with the City or who seeks a contract with the City and fails to report a violation of the Equal Pay Act or is otherwise not in compliance with requirements of this Article may have his or her contract terminated and may be precluded from being awarded any future contracts with the City.

Sec. 2-3.505 Penalties Not Exclusive.

The penalties provided under this Article are not exclusive, and do not preclude punishment under any other applicable provision of law.

Sec. 2-3.506 Notice and Acknowledgment.
(a) The requirements of this Article shall be acknowledged by all contractors, on a form developed by the City Attorney and provided to contractors by the City Clerk. No contract shall be entered into without submission of the required acknowledgment form. (b) All contractors, and all prospective contractors, shall be notified in writing of the requirements of this Article at the time the City issues a request for proposals or qualifications, and prior to entering into an agreement.” SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phr ase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 4. Effective Date and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 13 th day of July, 2021, and was passed and adopted at a regular meeting of the Hercules City Council on the 27th day of July, 2021, by the following vote:

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 38 AYES:

NOES:

ABSENT:

ABSTAIN:

Chris Kelley, Mayor
__________________________________________
Lori Martin, MMC
Administrative Services Director / City Clerk
COUNCIL MEMBERS: T. Grimsley, D. Romero, A.Walker-Griffin, Vice Mayor D. Bailey, Mayor C. Kelley.

None.

To be completed by City Representative Prior to Distribution to Contractor:

City Representative Phone Project Spec No.

Department Contract/Proposal Name __
SECTION B:

This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.

Contractor/Consultant Name____________________ Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:

The undersigned Contractor’s Representative acknowledges by his or her signature the following:

It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, professional or other services to contractors who are not in compliance with the equal pay requirements of the California Equal Pay Act.. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person or contractor not in compliance with the California Equal Pay Act, is regarded as a violation of this Section.

I have read Hercules Ordinance Number 534 and certify that I/we have not in the past 5 years been found to be in violation of the California Equal pay Act, and I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 534 .

If circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.

Signature Date
Print Name of Signer Position
SECTION D:

To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Compl eted Form by Contractor
Date Received by City By XXXXXXXX
via DocuSign

XXXXXXXXX
via DocuSign
DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 925-932-1710
X
CA 94598
Vice President
2795 Mitchell Drive

9/5/2022
Carollo Engineers
Anne E Prudhel
Walnut Creek
DocuSign Envelope ID: 60CFEFEF-F1F9-4BD7-BB27-F1A4FB9D6FD7 40 CONTRACTOR ACKNOWLEDGMENT OF COMPLIANCE WITH CALIFORNIA EQUAL PAY ACT SECTION A:

To be completed by City Representative Prior to Distribution to Contractor:

City Representative Phone Project Spec No.

Department Contract/Proposal Name __
SECTION B:

This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.

Contractor/Consultant Name____________________ Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:

The undersigned Contractor’s Representative acknowledges by his or her signature the following:

Signature Date
Print Name of Signer Position
SECTION D:

To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Compl eted Form by Contractor
Date Received by City By XXXXXXXX
via DocuSign

XXXXXXXXX
via DocuSign
DocuSign Envelope ID: F2D43688-4A0E-44B0-AFEF-DA78CA58C3E4 925-932-1710
X
CA 94598
Vice President
2795 Mitchell Drive

9/5/2022
Carollo Engineers
Anne E Prudhel
Walnut Creek
41 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 13, 2022

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer

SUBJECT: Acceptance of Bayfront Loop Offer of Dedication including the Public Improvements for Subdivision No.9499 “The Grand” and Approval of a Maintenance Agreement for the Frontage Landscaping

RECOMMENDED ACTION:

Adopt resolutions:

1. Accepting the offer of dedication for Bayfront Loop including the public improvements for Subdivision 9499; and

2. Approving a Maintenance Agreement allowing the Property Owner to maintain their frontage landscaping in Bayfront Loop.

FISCAL IMPACT OF RECOMMENDATION:

Once the offer of dedication for the public right of way is accepted, the improvements the Developer constructed become public and the City is responsible for the cost of maintaining them. Regarding the Landscape Maintenance Agreement, the Developer will continue to pay into their Lighting & Landscaping District 83-2 Zone 5C at the full assessment amount as the frontage landscaping is relatively sparse and other properties do not have landscaping along their frontage that is paid for by that Zone, only streetlights.

DISCUSSION:

Acceptance of Offer of Dedication for Bayfront Loop
The Final Map for Subdivision 9499 was filed with the County in December 2018. At that time, acceptance of the offer of dedication for the public street (Loop Road) was deferred pursuant to the subdivision improvement agreement, which was entered into concurrently, until the public improvements such as streets, curb and gutter, sidewalks, landscaping and irrigation, and underground utilities were satisfactorily completed by the developer in accordance with the improvement plans.

These public improvements have been completed to the satisfaction of the City Engineer and it is recommended the City Council accept the offers of dedication at this time . The Developer has submitted a maintenance bond as required by the subdivision improvement agreement should any construction defects develop over the next year that need to be corrected. 42 Landscape Maintenance Agreement for Improvements along Loop Road Frontage The Landscape Maintenance Agreement provides for the Property Owner to maintain the 5.5 ft wide landscaping planter strip in Loop Road along their project frontage. This would be similar to the maintenance arrangements in place on more recent commercial developments, such as Aventine and Safeway. The advantage of this arrangement is that it allows the commercial business to maintain their frontage landscaping at a more responsive level , as needed for their marketing plan. If the landscaping were to be maintained by the City instead, the level of service would be limited by the current assessment rate and any increases would have to be approved by all the properties in the Landscaping and Lighting District/Zone through a balloting process. Additionally, other properties in Lighting and Landscaping District 83-2 Zone 5C do not have landscaping improvements along their public street frontage that is paid for by that Zone, only streetlights.

ATTACHMENTS:

1. Resolutions

2. Landscape Maintenance Agreement

3. Final Map

4. Public Streets Exhibit

5. Public Improvements Photo Exhibit

43 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

ACCEPTING THE BAYFRONT LOOP O FFER OF DEDICATION FOR THE GRAND SUBDIVISION NO.9499

WHEREAS, the F inal Map for The Grand Subdivision No.9499 was filed with the County in December 2018; and

WHEREAS, at that time acceptance of the offers of dedication for the public streets and easements were deferred pursuant to the subdivision improvement agreement, which was entered into concurrently, until the public improvements were s atisfactorily completed by the Developer in accordance with the improvement plans; and

WHEREAS, the offer of dedication consists of a portion of Bayfront Loop; and

WHEREAS, the public improvements in Bayfront Loop have been completed to the satisfaction of the City Engineer.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby accepts the offer of dedication for Bayfront Loop including the public improvements for The Grand Subdivision No.9499.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of September, 2022 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Dion Bailey, Mayor

ATTEST:

Lauren Berges
City Clerk
44 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

APPROVING A LANDSCAPE MAINTENANCE AGREEMENT FOR THE PROPERTY OWNER OF THE GRAND (APN 404-730-013) TO MAINTAIN THE LANDSCAPING IN

BAYFRONT LOOP ALONG THEIR PROPERTY FRONTAGE

WHEREAS, the Landscape Maintenance Agreement provides for the Property Owner of The Grand at 2200 John Muir Parkway (APN 404 -730-013) to maintain the 5.5 ft wide landscaping planter strip in Loop Road along their property frontage; and

WHEREAS, this Agreement is similar to maintenance arrangements in place in recent commercial developments such as Aventine and Safeway; and

WHEREAS, the Landscape Maintenance Agreement allows this commercial business to maintain their frontage landscaping at a more responsi ve level, as needed for their marketing plan; and

WHEREAS, if the landscaping were to be maintained by t he City instead, the level of service provided would be limited by the current assessment rate and any increases would have to be approved by all the properties in the Landscaping and L ighting District/Zone through a balloting process.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves the Landscape Maintenance Agreement for the property owner of The Grand to maintain the landscaping in Bayfront Loop along their property frontage.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of September 2022 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Dion Bailey, Mayor

ATTEST:

Lauren Berges, City Clerk
45 QR Landscape Agreement 07-15-2022.docx
1 RECORDING REQUESTED BY:

Hercules Block Q&R Development Partners LP
Attention: John M. Santry
660 W. Baker Street, Building C, Suite 101
Costa Mesa, CA 92626

(Space Above this Line for Recorder’s Use Only)

LANDSCAPE MAINTENANCE AGREEMENT

This Landscape Maintenance Agreement (this " Agreement") is entered into by and between Hercules Block Q&R Development Partners LP, a Delaware limited partnership (the “Developer”) and the City of Hercules, California (the “City”) to be effective as of ____________, 2022 (the "Effective Date"):

Background

The Developer has constructed a multi-family housing project on the tract of land in the City described on Exhibit “A” to this Agreement (the “ Developer Tract ”). A tract of land described on Exhibit “B” to this Agreement adjacent to the Developer Tract (the “ Landscape Tract”) has been improved with landscaping and an irrigation system by the Developer. The City wishes to assure that the landscaping and irrigation system situated on the Landscape Tract are maintained in the future by the current and subsequent owners of the Developer Tract as more specifically set forth in this Agreement.

AGREEMENT

In consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration, the parties agree as follows:

46 47
48 49
50 51
52 53
54 55
56 57
58 BLOCK QR
(THE GRAND)

HERCULES WATERFRONT - BLOCK QR

SUBDIVISION ACCEPTANCE

STREETS TO BE ACCEPTED BY THE CITY

PRIVATE PROPERTY
59 THE GRAND PUBLIC IMPROVEMENTS EXHIBIT

60 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 13, 2022

TO: Members of the City Council

SUBMITTED BY: Dante Hall, City Manager

SUBJECT: Approve Memorandum of Understanding with Teamster Local 315, Executive, Mid-Management & Non-Represented Pay Plans

RECOMMENDED ACTION: Adopt a Resolution Approving a Memorandum of Understanding with Teamsters Local 315, Pay Plans for Executive, Mid -Management and Non-Represented Employees.

COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION: Not Applicable

FISCAL IMPACT OF RECOMMENDATION: Approval of these new labor related items will result in costs, both on-going and one time in nature. The proposed MOU and Pay Plans cover a two- year period. The costs for the employees covered through these approvals are illustrated below. The table below breaks out the costs by fiscal year:

FY 2022-23
Group Annualized On-Going Costs One-Time Costs
Teamster 315 $99,000 $63,000
Executive $77,000 $42,000
Mid-Management $18,000 $12,000
Non-Represented $18,000 $9,000
Total $212,000 $126,000

2023-24
Group Annualized On-Going Costs One-Time Costs
Teamster 315 $105,000 $64,000
Executive $80,000 $44,000
Mid-Management $19,000 $12,000
Non-Represented $22,000 $13,000
Total $226,000 $133,000

The adopted FY 22 -23 Budget provides an amount for both ongoing and one -time costs of 3% Ongoing and 3% One-time Retention Bonus. The long-term forecast projects a 3% increase in costs 61 on an ongoing basis. Available ongoing and one-time monies are anticipated to be sufficient in FY 22-23 and FY 23-24 to meet the obligations.

DISCUSSION: Existing Memorandums of Understanding (MOU) and agreements with employees have terms which ended June 30, 2022. The City has been engaged in the meet and confer process as required by law with the represented employees and in a consultation process with non-represented employees. The City Council has been providing the City’s labor negotiator with direction in closed sessions over the past few months. The City has reached an agreement with the Teamsters 315 on a proposed two-year Memorandum of Understanding. Consultations with the non-represented groups have been completed, it is timely to proceed with the revisions to the Pay Plans for the three un - represented groups. A summary of the changes proposed by the employee groups is set forth below:

Group Summary of Terms
Teamsters 315

MOU Term to June 30, 2024
(two years)

FY 22-23

4.5% COLA effective July 1, 2022