Tuesday, October 11, 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: 826 6073 2401
Zoom Phone Number: 1-669-900-6833
Zoom Passcode: 808446
1 October 11, 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:
1. 22-312 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
2. 22-315 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney
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. 22-316
Red Ribbon Week Proclamation
October 23-31 as Red Ribbon Week ProclamationAttachments:
2. 22-318 National Filipino-American History Month Proclamation National Filipino-American History Month ProclamationAttachments:
3. 22-314 Chief William Imboden Retirement Proclamation Chief Imboden Retirement ProclamationAttachments:
RECEPTION
At this time the public is cordially invited to enjoy refreshments at a brief reception in appreciation of Chief William Imboden.
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
2 October 11, 2022City Council Meeting Agenda
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.
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 back 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.
XI. PUBLIC HEARINGS
XII. CONSENT CALENDAR
1. 22-298
Emergency Declaration
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 Meeting Recommendations
Attachments:
2. 22-310 Minutes
Recommendation: Approve the Regular Meeting Minutes of September 27, 2022.
September 27, 2022 Meeting MinutesAttachments:
3. 22-305 Acceptance of the Baywood Tree Replacement Project Recommendation: Adopt a resolution accepting the Baywood Tree Replacement Project with Desert Parks Landscaping as complete for a total amount of $140,000 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.
Staff Report - Baywood Tree Replacement Acceptance
Attach 1 Reso - 2022 Baywood Tree Replacement Project Acceptance Attach 2 Tree Removal & Replacement Map
Attach 3 NOC - Baywood Tree Replacement Project
Attachments:
4. 22-307 Conflict of Interest Code Biennial Review
Recommendation: Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.
3 October 11, 2022City Council Meeting Agenda
Staff Report - Conflict of Interest Amendment 2022
Attach 1 - Resolution Amending Conflict of Interest Code 2022 Attachments:
5. 22-308 Zoning Text Amendment to Section 13.48 of the Municipal Code Recommendation: Conduct the second reading of an Ordinance approving a Zoning Text Amendment to change text in Section 13.48 (Planned Development Plans) of the Municipal Code to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation.
Staff Report - 215 Skelly Ord 101122
Attach 1 - 215 Skelly CC Ord w Exh A
Attachments:
6. 22-309 Parcel Map MS 476-22 for America’s Tire Store at 1625 Sycamore Avenue (Creekside Center)
Recommendation: To adopt a resolution approving Parcel Map MS 476-22 for America’s Tire store at 1625 Sycamore Avenue (Creekside Center).
Staff Report - America's Tire Final Map
Attach 1 - America's Tire Final Map Resolution
Attach 2 - Location Map - America's Tires
Attach 3 - Parcel Map - America's Tires
Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-313 Police Vehicle Acquisition
Recommendation: Authorize the Police Department to contract with Folsom Chevrolet to purchase three new Chevy Tahoe Patrol Vehicles at a cost not to exceed $182,371.20, and to outfit these vehicles with equipment purchased and installed through LEHR Pursuit Vehicles of Pittsburg at a cost not to exceed $65,000 for a total cost not to exceed $247,371.20.
Staff Report - Police Vehicle Aquisition
Attach 1 - Police Vehicle Resolution
Attach 2 - Tahoe Quote
Attach 3 - Vehicle Build Sheet
Attachments:
2. 22-301 Adoption of a resolution authorizing the City Manager to execute a Professional Services Agreement with Revenue & Cost Specialist (RCS) in an amount not to exceed $75,400 to prepare a Cost Allocation Plan, Comprehensive User Fee Study and Development Impact Fee Study, and approving a budget amendment to increase the FY 22-23 General Fund budget by $75,400
Recommendation: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Revenue & Cost Specialist (RCS) to prepare a Cost Allocation Plan, Comprehensive User
4 October 11, 2022City Council Meeting Agenda
Fee Study, and Development Impact Fee Study, and approving a budget amendment to increase the FY 22-23 General Fund budget by $75,400 Contract Award for CAP-User Fee and DIF Studies_SR 10112022 Attach 1 - Resolution
Attach 2 - RFP - CAP_User Fee_DIF - Final 08.04.2022
Attach 3 - RCS Professional Service Agreement
Attachments:
3. 22-306 Award of a Sole Source Construction Contract to Ross Recreation Equipment to Furnish and Install an All Abilities Swing in Refugio Park in the Amount of $86,727, and up to a 10% Contingency of $8,673 for a not to exceed Total Contract Amount of $95,400 Recommendation: Adopt a resolution authorizing the City Manager to execute a sole source contract with Ross Recreation Equipment to furnish and install a We-Go-Swing, a swing for people with disabilities, in Refugio Park in the amount of $86,727, and up to a 10% contingency of $8,673 for a not to exceed total contract amount of $95,400.
Staff Report - All Abilities Swing 10112022
Attach 1 Reso - Swingset 10112022
Attach 2 - Sole Source Jusification Form - All Abilities Swing - 9-29-22 Attach 3 - Location Map - We Go Swing
Attach 4 - Swing Catalogue
Attachments:
4. 22-299 Cancellation of November 8, 2022 Regular City Council Meeting and Scheduling a Replacement Special City Council Meeting
Recommendation: It is recommended that the City Council adopt a motion to cancel the regular City Council meeting of November 8, 2022 and schedule a special City Council meeting in its place.
Staff Report - Rescheduling the November 8 CC MeetingAttachments:
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.
5 October 11, 2022City Council Meeting Agenda
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, October 25, 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: October 6, 2022)
6 October 11, 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.
7 October 11, 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.
8 October 11, 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.
9 Red Ribbon Week Proclamation
WHEREAS, the City of Hercules, and the Pride & Purpose Project value the health and safety of all our citizens especially our youth; and
WHEREAS, underage cannabis use, underage alcohol consumption, and underage prescription drug use is particularly damaging to one of our most valuable resources, our youth, and a contributing factor in the three leading causes of death for teenagers – accidents, homicides, and suicides; and
WHEREAS, the National Red Ribbon Campaign, gives the citizens and youth of Hercules, California an opportunity to demonstrate their commitment to supporting youth in drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and
WHEREAS, the Red Ribbon Campaign will be celebrated in the city of Hercules, California, during “Red Ribbon Week”, October 23-31; and
WHEREAS, it is the goal of the Red Ribbon Campaign, the City of Hercules and the Pride & Purpose Project to involve families, schools, businesses, churches, law enforcement agencies and service organizations in all aspects of this campaign and establish an atmosphere that supports awareness, education and on-going initiatives to prevent illegal drug use, and to showcase this by wearing and displaying Red Ribbons during this weeklong campaign; and
WHEREAS, the Red Ribbon Week Campaign theme promotes family and individual responsibilities for living healthy, drug-free lifestyles, without illegal drugs or the illegal use of legal drugs, and
WHEREAS, the Pride & Purpose Project and other community based organizations will show visible and unified prevention education efforts launched to eliminate the demand for drugs; and
WHEREAS, the Pride & Purpose Project further commits to utilize its resources to ensure to the success of the Red Ribbon Campaign in Hercules, California.
Now Therefore, Be It Proclaimed, That the City Council of the City of Hercules, do hereby proclaim October 23– 31, 2022 as Red Ribbon Week and encourages its youth and citizens to participate in drug prevention activities making a visible statement that we strongly support a drug-free life amongst our youth in Hercules, California.
______________________
Dion Bailey, Mayor
10 11
NATIONAL FILIPINO-AMERICAN HISTORY MONTH
OCTOBER 2022
WHEREAS, the City of Hercules celebrates the diversity and history of our City; and
WHEREAS, the earliest documented Filipino presence in the continental United States was on October 18, 1587, when the first “Luzones Indios” set foot in Morro Bay, California, on board the Manila-built galleon ship Nuestra Senora de Esperanza; and
WHEREAS, the Filipino American National Historical Society recognizes the year of 1763 as the date of the first permanent Filipino settlement in the United States in St. Malo, Louisiana, which set in motion the focus on the story of our Nation's past from a new perspective by concentrating on the economic, cultural, social, and other notable contributions that Filipino-Americans have made in countless ways toward the development of the history of the United States; and
WHEREAS, the Filipino-American community is the second largest Asian-American group in the United States, with a population of approximately 3,100,000 people; and
WHEREAS, Filipino-American servicemen and servicewomen have a longstanding history serving in the Armed Services, from the Civil War to the Iraq and Afghanistan conflicts, including the 250,000 Filipinos who fought under the United States flag during World War II to protect and defend this country.
Nine Filipino-Americans have received the Congressional Medal of Honor, the highest award for valor in action against an enemy force that can be bestowed upon an individual serving in the United States Armed Forces; and
WHEREAS, Filipino-Americans are an integral part of the United States health care system as nurses, doctors, and other medical professionals and have contributed greatly to the fine arts, music, dance, literature, education, business, journalism, sports, fashion, politics, government, science, technology, and other fields in the United States that enrich the landscape of the country; and
WHEREAS, efforts should continue to promote the study of Filipino-American history and culture, as mandated in the mission statement of the Filipino-American National Historical Society, because the roles of Filipino Americans and other people of color have been overlooked in the writing, teaching, and learning of United States history.
NOW, THEREFORE, I, Dion Bailey , Mayor of the City of Hercules, on behalf of the entire City Council, do hereby proclaim the month of October 2022 as National Fili pino-American History Month in the City of Hercules.
_____________________________________
Dion Bailey, Mayor
12 PROCLAMATION
RECOGNIZING CHIEF OF POLICE WILLIAM IMBODEN UPON HIS RETIREMENT FOR
OVER EIGHTEEN YEARS OF DEDICATED AND EXCEPTIONAL SERVICE TO THE
HERCULES POLICE DEPARTMENT AND CITY OF HERCULES
WHEREAS, William Imboden started his law enforcement career as a Student Officer with the Santa Rosa Junior College Police Department in 1988, where he worked until 1992 while earning his Associate of Science degree in Administration of Justice. He simultaneously began a 12-year career with the California National Guard where he participated in several statewide and overseas deployments as a Military Police Officer; and WHEREAS, on May 16, 1994, after attending the Police Academy in Santa Rosa, Officer Imboden was hired as a full-time police officer with the Hercules Police Department working various assignments which included:
Patrol, SRT, Investigations, School Resource Officer, Traffic Officer, Field Training Officer, Reserve Coordinator, C.E.R.T. and Emergency Operations Coordinator; and
WHEREAS, in 1996, Officer Imboden was assigned to Investigations as a Detective and took on a variety of duties including criminal investigations, Youth Services, D.A.R.E., and Explorer Advisor; and
WHEREAS, in 1996 Detective Imboden was the Department’s first ever recipient of the prestigious CHP 10851 recovery award, and in 2000, was chosen by his peers, to be Hercules Police Department’s Officer of the Year; and
WHEREAS, in 2001, Detective Imboden was assigned to the Traffic Division after writing a grant for a motorcycle and took on a variety of duties including traffic enforcement, collision investigation, grant writing, directed enforcement campaigns, and as the department’s first ever School Resource Officer took the lead in implementing the Every 15 Minutes program at Hercules High School; and
WHEREAS, in 2004, Officer Imboden was promoted to the rank of Corporal and took on a variety of duties including Acting Shift Supervisor, Field Training Officer, and oversaw Disaster Preparedness efforts and other functions involving the Emergency Operations Center (EOC) for the City of Hercules. On November 9, 2006, Corporal Imboden was the Incident Commander for the citywide disaster drill “Operation H.E.A.R.T” w hich vastly improved the City’s response capabilities to any type of emergency, and enhanced the image of the Hercules Police Department and improved cooperation and productive working relationships among all City departments; and
WHEREAS, In 2007, Corporal Imboden took a position as a Sergeant for the Saint Helena Police Department in Napa County, where he rose through the ranks and was ultimately appointed Chief of Police in June 2015; and WHEREAS, on September 17, 2018, Chief Imboden returned to his roots at Hercules to lead the Police Department as Chief of Police where he dedicated himself to assisting the City through difficult times with greatly reduced resources and staff and helped rebuild the ranks of the Department while implementing new progr ams and advocating for Police and community engagement including establishing a Chief’s Advisory Board; and WHEREAS, In addition to his Associates Degree, Chief Imboden earned his Bachelor of Science Degree in Criminal Justice Administration from Union Ins titute and University in 2005, and graduated from the FBI National Academy in Quantico, VA. in 2014; and
WHEREAS, Chief Imboden is an active member of the International Association of Chiefs of Police, the California Police Chiefs Association where he served as a Region Representative and Board Member, the Contra Costa County Police Chief Association, the American Legion, and the Veterans of Foreign Wars; and
WHEREAS, Chief Imboden has been very involved with the Hercules Community. He has raised funds for the Senior Center, the Hercules High School, and the Veteran’s Memorial Project; and
WHEREAS, Chief Imboden is retiring on October 24, 2022 after a long and successful law enforcement career.
NOW THEREFORE BE IT PROCLAIMED that I, Dion Bailey, Mayor of the City of Hercules, on behalf of the entire City Council and the Hercules Community, do hereby recognize and express appreciation to Chief William Imboden for over 18 years of outstanding service to the Hercules Police Department and Hercules community, and 29 years in the law enforcement profession, and extend to him sincere best wishes for continued success in all future endeavors.
In witness whereof, I hereunto set my hand and cause the Seal of the City of Hercules to be affixed this October 11, 2022.
Dion Bailey, Mayor
13 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 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 Section 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 14 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 teleconferencing locations of City Councilmembers, Commissioner, or Committee Members. To 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 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 determines teleconference meetings are no longer 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
15 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 16 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 11th day of October, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, City Clerk
17 3
18 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 September 1, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are decreasing or stable, but still remain high 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 9-1-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
19 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lauren Berges, City Clerk
6:00 PMTuesday, September 27, 2022
In-Person in Council Chambers or
Zoom ID: 879 7682 6452
Zoom Phone Number: 1-669-444-9171
Zoom Passcode: 113642
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 Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
Mayor Bailey adjourned to closed session.
The Hercules City Council will meet in Closed Session regarding the following:
1. 22-294 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney
2. 22-295 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 Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Tang announced there is no final or reportable action from
20 September 27, 2022City Council Meeting Minutes
closed session.
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Grimsley VII. MOMENT OF SILENCE
Mayor Bailey requests a moment of silence for hurricane victims in Puerto Rico.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-291 National Hispanic Heritage Month Proclamation Mayor Bailey read the proclamation into the record. Councilmembers provided comment.
IX. AGENDA ADDITIONS/DELETIONS
City Manager Hall had no additions or deletions for the agenda.
X. PUBLIC COMMUNICATIONS
No public comment.
XI. PUBLIC HEARINGS
1. 22-286 215 Skelly Residential Project
Recommendation: 1. Adopt a Resolution approving the Vesting Subdivision Map, Planning Development Plan, Design Review Permit, and Lot Line Adjustment subject to Conditions of Approval (Exhibit A to Resolution), and adopt the IS/MND and Mitigation Monitoring and Reporting Program (MMRP); and 2. Conduct the first reading of an Ordinance approving a Zoning Text Amendment to change text in Section
13.48 (Planned Development Plans) of the Municipal Code to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation.
Presentation by Director of Community Development Tim Rood, Tricia Stevens of MIG, and Adam Foster of DR Horton. Councilmembers provided comment. Councilmember Kelley amended her motion to adopt the resolution to include amendments to the conditions of approval, condition #20 will have the monument sign reviewed by the Planning Commission and for the grading, demolition and construction debris to be addressed by the City's franchise agreement with Republic Services.
Public Speakers: Al Flanagan; Bob Antaki
MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 2022-082. The motion carried by the following vote:
21 September 27, 2022City Council Meeting Minutes
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
MOTION: A motion was made by Council Member Romero, seconded by Vice Mayor Walker-Griffin, to introduce Ordinance No. 541. 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 -
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Walker-Griffin, to adopt the Consent Calendar. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
1. 22-293
Minutes
Recommendation: Approve the Regular Meeting Minutes of September 13, 2022.
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-297 Quarterly review of future agenda items
Recommendation: Review, comment and receive the quarterly review of future City Council agenda items.
Presentation by City Manager Dante Hall. Councilmembers provided comment. No public comment.
2. 22-283 Discussion of Potential Short-Term Rental Ordinance Recommendation:
Provide direction to staff regarding development of an
ordinance and procedures for regulation of short-term rentals (STRs).
Presentation by Director of Community Development Tim Rood.
Councilmembers provided comment. Staff will provide a memo addressing enforcement processes. No public comment.
Mayor Bailey called for a recess. Meeting then reconvened.
Councilmember Grimsley is shown as absent for the record.
3. 22-287
Authorization to Negotiate an Agreement with the Contra Costa County Housing Authority to Transfer Hercules Housing Successor Assets and Functions to the City
22 September 27, 2022City Council Meeting Minutes
Recommendation: Direct staff to negotiate an agreement with the Contra Costa County Housing Authority to transfer Hercules Housing Successor assets and functions to the City of Hercules.
Presentation by Director of Finance Edwin Gato. Councilmembers provided comment. Susy Kim of RSG provided comment. Councilmember Romero made a motion to direct staff to negotiate an agreement with the Contra Costa County Housing Authority to transfer Hercules Housing Successor Assets and Functions to the City; seconded by Councilmember Kelley; Councilmembers Kelley, Romero, Vice Mayor Walker Griffin, Mayor Bailey voted Aye. Councilmember Grimsley absent. No public comment.
4. 22-296
Approving the formation of a 7-member ad-hoc parks and recreation master plan steering committee
Recommendation: Adopt a resolution approving the formation and composition of the Parks and Recreation Master Plan Steering Committee from the advisory boards, commission and committees, and community organizations specified in this report.
Presentation by City Manager Dante Hall. Councilmembers provided comment. No public comment.
MOTION: A motion was made by Council Member Romero, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 2022-083. The motion carried by the following vote:
Aye: Council Member D. Romero, Vice Mayor A. Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
XIV. PUBLIC COMMUNICATIONS
No public comment.
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
Director of Parks and Recreation provided an update on current projects including the gym floor refurbishment and also announced upcoming events including Unity Day, Pumpkataz, and Trunk or Treat.
Councilmembers reported out on local and regional meetings and events.
Councilmember Romero requested a future agenda item to discuss moving the regular meeting of November 8th to another day due to Election Day falling on the same day as the Council meeting. Mr. Romero also requested a proclamation recognizing National POW/MIA Day.
Mayor Bailey requested a future agenda item for a presentation by Raven
23 September 27, 2022City Council Meeting Minutes
SR.
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 9:27 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC
City Clerk
24 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer
SUBJECT: Acceptance of the Baywood Tree Replacement Project
RECOMMENDED ACTION:
Adopt a resolution accepting the Baywood Tree Replacement Project with Desert Parks Landscaping as complete for a total amount of $140,000 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.
FISCAL IMPACT OF RECOMMENDATION:
The project was completed by Desert Parks Landscaping for their low bid amount of $140,000. No contingency funding was needed to complete the work. This project is being paid for out of the Baywood Lighting and Landscaping District (LLAD) through a no interest loan from the General Fund, which was previously approved by Council and is included in the Adopted FY 22-23 Budget.
The loan will be paid off over a 10-year period using revenue from Baywood LLAD assessments.
DISCUSSION:
This project replaced 34 nuisance trees in the Baywood neighborhood, the vast majority of which were on Baywood Lane, whose roots were damaging sewer laterals, water services, and sidewalk; rendering the irrigation system inoperable; and creating tripping hazards in the planter strip (Att #2 Location Map). Each tree was replaced on a one-for-one basis, in total 31 Redpointe Maples and 3 Hackberrys were installed. The scope of work also included removing all the roots in the planter strip, repairing the irrigation system, and replacing the sod.
Since being awarded the contract, Desert Parks Landscaping diligently persecuted the work to completion. At this time, it is recommended the City Council accept the Project as complete so the Notice of Completion can be filed with the County and final payment can be made to Desert Parks Landscaping.
25 Baywood Lane Tree Replacement Locations
ATTACHMENTS:
1. Resolution
2. Location Map
3. Notice of Completion
Financial Impact
Description: Expenditure amount $140,000.
Funding Source:
Baywood Lighting and Landscaping District
223-5423-642-10-00
Budget Recap:
Total Estimated cost: $140,000 New Revenue: $
Amount Budgeted: $140,000 Lost Revenue: $
New funding required: New Personnel: $
Council Policy Change: Yes No
26 CITY OF HERCULES
RESOLUTION NO. 22-
ADOPT A RESOLUTION A CCEPTING THE BAYWOOD TREE REPLACE MENT
PROJECT WITH DESERT PARKS LANDSCA PING AS COMPLETE FOR A TO TAL AMOUNT OF $ 140,000 AND AUTHORIZING THE FILING OF THE NOTIC E OF COMPLETION WITH THE CONTRA COSTA COUNTY RECORDER’S OFFICE
WHEREAS, the Baywood Tree Replacement Project was awarded to Desert Parks Landscaping for the low bid amount of $140,000 at the April 26, 2022 Council meeting; and
WHEREAS, Desert Parks Landscaping began the work shortly thereafte r and diligently prosecuted the work to completion; and
WHEREAS, this project replaced 34 nuisance trees in the Baywood neighborhood , the vast majority of which were on Baywood Lane, whose roots were damaging sewer laterals, water services, and s idewalk; rendering the irrigation system inoperable; and creating tripping hazards in the planter strip; and
WHEREAS, the project has been completed for $140,000 in compliance with the approved plans and specifications to the satisfaction of the City Engineer; and
WHEREAS, the Notice of Completion must be filed with the Contra Costa County Recorder’s Office to allow final payment to be made to the contractor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby accepts the Baywood Tree Replacement Project with Desert Parks Landscaping as complete for a total amount of $ 140,000 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.
The foregoing Resolution was duly and r egularly adopted at a regular meeting of the City Council of the City of Hercules held on the 11th day of October, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, City Clerk
27 FROG
PAD
PARK
TREES REPLACED
SYCAMORE TREE (31)
EUROPEAN HACKBERRY (3)
BAYWOOD DISTRICT
TREE REMOVAL & REPLACEMENT
AVOCET DRIVE
SANDERLING DRIVE
BAYWOOD LANE
WILLET STREET
28 NOTICE OF COMPLETION
Recording Requested By:
City of Hercules
When Recorded Mail To:
City Clerk
City of Hercules
111 Civic Drive
Hercules, CA 94547
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the Owner or agent of the Owner of the Project described below.
2. Owner’s full name is __CITY OF HERCULES______________________.
3. Owner’s address is __111 CIVIC DRIVE, HERCULES, CA 94547_______.
4. The nature of Owner’s interest in the Project is:
_X_ Fee ownership __ Lessee __ Other:________________________
5. Construction work on the Project performed on Owner’s behalf is generally described as follows: __Baywood Tree Replacement Project
6. The name of the original Contractor for the Project is:
Desert Parks Landscaping_____________________________
13265 Bill Francis Drive, Auburn CA 95603
7. The Project was completed on: __October 11, 2022
8. The Project is located at: __Baywood Lane and Sanderling Drive in Hercules
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.
__________________________ ________________________________________ Date and Place Signature of Person Signing on Behalf of Owner
MIKE ROBERTS,
PUBLIC WORKS DIRECTOR/CITY ENGINEER_
Print Name and Title
29 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Members of the City Council
SUBMITTED BY: Lauren Berges, City Clerk
SUBJECT: Conflict of Interest Code Biennial Review
RECOMMENDED ACTION: Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.
FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact as a result of this item.
DISCUSSION:
The Political Reform Act of 1974 requires that cities and o ther local agencies adopt Conflict of Interest Codes and that these codes require disclosure of financial interests of certain employees, consultants, boards, commissions , and committees if these persons are likely to be involved in decision-making that could affect their own financial interests.
All public employees must comply with the State’s general conflict of interest laws by a bstaining from influencing or making decisions that would affect their own financial interests. Additionally, employees who hold positions designated in the City’s Conflict of Interest Code must disclose specified types of financial interests on annual financial disclosure statements that are filed with the City Clerk. Government Code Section 87309(c) states that the Code may not be approved if it “fails to adequately differentiate between designated employees with different powers and responsibilities.” With that in mind the City’s Conflict of Interest Code includes varying disclosure categories.
The City’s Conflict of Interest Code does not list the City Council, Planning Commission, City Manager, City Attorney or Treasurer (Finance Director) as these positions are already required under Government Code §87200 to report to the Fair Political Practices Commission (FPPC). No other commissions are required to report under the City’s Conflict of Interest Code as they are advisory to the City Council only.
30 The City Council last amended the Conflict of Interest Code on October 13, 2020, by Resolution No. 20-060. State law requires every local governmental agency to periodically review its Conflict of Interest Code to determine if it is up to date. After a review of the City’s Code, it has been determined that 1 position title needs to be amended. The position of Administrative Services Director/City Clerk amended to City Clerk/Public Information Officer. Recommendations for amendments to the list are underlined and any deletions are shown with strikethrough.
ATTACHMENTS:
1. Resolution with Exhibit “A” – 2020 Conflict of Interest Code
2. Local Agency Biennial Notice
31 RESOLUTION NO. 22-
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES AMEND ING THE CITY’S CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES, CONSULTANTS,
BOARDS, COMMITTEES AND COMMISSIONS FOR THE CITY OF HERCULES
WHEREAS, provisions of the Political Reform Act requires local agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, Title 2, Division 6, California Code of Regulations section 18730, which contains the terms of a model conflict of interest code which meets the requirements of the Political Reform Act; and
WHEREAS, Title 2 California Code of Regulations 18730 has been incorporated by reference in the City’s Conflict of Interest Code; and
WHEREAS, the City of Hercules last amended its Conflict of Interest Code by Resolution No. 20-060 adopted by the City Council on October 13, 2020; and
WHEREAS, after a review of the designated positions and disclosure categories, it has been determined that the Code should be amended to add the position of Planning Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
1. That the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC shall, along with Exhibit A – 2022 Conflict of Interest Code for the City of Hercules, which are attached and incorporated herein by reference, in which members, employees, and consultants are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Hercules; and
2. All designated members, employees, and consultants of the City of Hercules set forth on Exhibit A – 2022 Conflict of Interest Code shall file Statements of Economic Interest with the City Clerk of the City of Hercules; and
3. Resolution Number 20-060 is repealed by the adoption of this resolution which shall control over prior versions.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 11th day of October, 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, City Clerk
32 Exhibit A
2022 CONFLICT OF INTEREST CODE FOR THE
CITY OF HERCULES
The Political Reform A ct, Government Code Section 81000, et. Seq., requires state and local agencies to adopt and promulgate Conflict of Interest C odes. The F air Political Practices Commission has adopted regulation, California Code of Regulations Title 2, Section 18730, which contain the term of a standard Conflict of Interest C ode. It can be incorporated by reference.
Therefore the terms of California Code of Regulations Title 2, Section 18730 and any amendments to it and duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which employees and consultants are designated and disc losure obligations are set forth, constitute the City of Hercules Conflict of Interest Code.
Designated employees and consultants shall file Statements of Economic I nterests with the City Clerk by the appropriate deadline. Statements of Economic Interest are public records pursuant to Government Code Section 81008 and can be reviewed and or copied during business hours at City Hall, located at 111 Civic Drive, Hercules.
=========================================
33 APPENDIX 1
City of Hercules Conflict of Interest Code
DESIGNATED POSITIONS PERFORMING DESIGNATED SERVICE
BY DEPARTMENT1
CLASSIFICATION DISCLOSURE CATEGORIES
Administrative Services
City Clerk/PIO 1, 2, 3, 4
Information Systems Specialist 2, 3
Consultants* 1, 2, 3, 4
Human Resources Administrator 2, 3
Information Systems Administrator 2, 3
Parks & Recreation
Parks & Recreation Director 1, 2, 3, 4
Recreation Manager 2, 3
Recreation Coordinator 2, 3
Police
Administrative Specialist 2, 3
Chief of Police 1, 2, 3, 4
Police Commander 2, 3
Planning
Community Development Specialist 2, 3
Community Development Director 1, 2, 3, 4
Planning Manager 1, 2, 3, 4
Public Works
Public Works Director/City Engineer 1, 2, 3, 4
Public Works Superintendent 1, 2, 3, 4
*Any individual is a consultant if either of the following apply: 1) The person serves in a staff capacity with the City and in that capacity performs the same or substantially all the same duties for the City that would be performed by a person holding a posi tion specified or that should be specified in the C ity’s Conflict of Interest Code; or 2) The person makes a governmental decision listed in 2 CCR Section 19701(a)(2).
The City Clerk/PIO and/or the City Manager and/or the City Attorney may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure obligations in the Conflict of In terest Code. Such a determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
1 Positions covered under Government Code §87200 (City Council, Planning Commission, City Manager, City Attorney, and Finance Director) are not covered by the local Conflict of Interest Code. 34 APPENDIX 2
DISCLOSURE CATEGORIES
Category 1 – Interests in Real Property
All interests in real property located in whole or in part' within the jurisdiction of the City of Hercules. Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Hercules or within two miles of any land owned or used by the City of Hercules. Interest in real property includes any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property located in the jurisdiction if the fair market value of the interest is greater than two thousand dollars ($2,000) . Interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own in the aggregate, a direct, indirect or beneficial interest of ten (10) percent or greater. Interest in real property does not include the principal residence of the person making the disclosure.
Category 2 – Investments
All financial interest in excess of $2,000 held by the individual, his/her spouse or dependent children or securities issued by a business entity if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the City of Hercules or is located in or does business or plans to do business in the City of Hercules, or has done business within the City of Hercules at any time during the two years prior to the time the disclosure statement is made, and a pro rate share of investments or any business entity, mutual fund, or trust in which the person making the disclosure statement or his or her spouse or dependent children owns directly, indirectly or beneficially a ten (10) percent interest or greater, if such business entity, mutual fund or trust has an interest in real property in the City of Hercules or is located in or does business or plans to do business in the City of Hercules, or has done business within the City of Hercules at any time during the two years prior to the time the disclosure statement is made.
Category 3 –Income
All sources of income as defined in the Political Reform Act of 1974, as amended. Not included in this disclosure category is income, other than a gift, received from any source outside the City of Hercules and not doing business within the City of Hercules, not planning to do business within the City of Hercules or not having done business within the City of Hercules during the two years prior to the time the disclosure statement is made.
Category 4 – Business Positions
Any official has an economic interest in any business entity in which he or she is an officer, director, or employee or holds any business position, irrespective of whether he or she has an investment in or receives income from the entity.
35 October 11, 2022 City Council – Zoning Text Amendment 1
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Members of the City Council
VIA: Dante G. Hall, City Manager
SUMBITTED BY: Timothy Rood, AICP, Community Development Director Tricia Stevens, AICP, MIG Consultant Planner
SUBJECT: Zoning Text Amendment to Section 13.48 of the Municipal Code
RECOMMENDED ACTION:
1. Conduct the second reading of an Ordinance approving a Zoning Text Amendment to change text in Section 13.48 (Planned Development Plans) of the Municipal Code to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation.
FISCAL IMPACT OF RECOMMENDATION:
There are no direct fiscal impacts associated with this item.
PROJECT DESCRIPTION
The subject Zoning Text amendment was submitted as a component of the 215 Skelly residential project, which was approved by the City Council on September 27, 2022.
The subject ordinance consists of:
a) Zoning Amendment to change text in Section 13.48 (Planned Development Plans) of the Hercules Municipal Code to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation.
36 October 11, 2022 City Council – Zoning Text Amendment 2
PROCESS
The final hearing authority for this project is the City Council after a recommendation from the Planning Commission.
BACKGROUND
The Planning Commission held a public hearing on September 6, 2022, and recommended approval of the ordinance on a 4-0 vote.
The City Council approved the first reading of the ordinance on September 27, 2022.
REQUIRED FINDINGS
Staff believes all findings for the ordinance can be made as outlined in the attached resolution. In summary:
1. The project was evaluated based on the requirements of CEQA, and an IS /MND was prepared with a conclusion that the project will not have a significant effect on the environment and that the mitigation measures in the Mitigation Monitoring and Reporting Plan will mitigate any potential impacts to less than significant levels.
2. The Zoning Text Amendment would provide greater flexibility for Planned Development projects in exchange for increased quality design and amenities.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
An Initial Study/Mitigated Negative Declaration (IS/MND) for the 215 Skelly residential project, which includes the Zoning Text Amendment, was prepared by First Carbon Solutions under the direction of the City to comply with the California Environmental Qu ality Act (CEQA) . The IS/MND was released for public review on July 5, 2022, with a 30-day public review period ending on August 3, 2022.
The IS/MND identified potentially significant impacts associated with Air Quality, Biological Resources, Cultural Res ources, Geology/Soils, Noise, Transportation, and Tribal Cultural Resources. Mitigation measures are included in the IS/MND to reduce all potential impacts to less than significant.
The City received seven comments on the IS/MND during the review letter , from both public agencies and individuals . The Response to Comments and Final IS/MND were attached to the September 27, 2022 City Council staff report.
ATTACHMENT
1. Ordinance approving Zoning Code text amendments to the Planned Development Plan Section 13.84.
37 1
ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES TO AMEND SECTION 13 -48 OF THE HERCULES MUNICIPAL CODE MODIFYING THE
EXCEPTIONS PERMITTED WITH A PLANNED DEVELOPMENT PLAN BY
ELIMINATING THE AMOUNT OF A DEVIATION
WHEREAS, Sections 13-48.200 and 13-48.600 of the Hercules Municipal Code currently permits exceptions to Zoning Code standards as part of a Planned Development Plan if such exceptions are approved through the minor exception process with findings that any exceptions are warranted by the design and amenities incorporated in the final planned development plan; and
WHEREAS, a minor exception limits the amount of a deviation to ten percent of the Zoning Code standard; and
WHEREAS, ERC SC, LLC filed an application t o amend this text concurrent with their request for a Vesting Tentative Map, Planned Development Plan, Design Review Permit, and Lot Line Adjustment for a project known as the 215 Skelly Project; and
WHEREAS, ERC SC, LLC seeks approval of a Planned Development Plan with exceptions to deviate from Zoning Code standards exceeding ten percent based on project design and amenities; and
WHEREAS, a text amendment would apply to any proposed project for a Planned Development Plan if required findings are made; and
WHEREAS, the text amendment would provide greater flexibility for development projects in exchange for increased quality design and amenities; and
WHEREAS, on September 6, 2022, the Planning Commission held a duly noticed public hearing to consider these amendments and did hear and use its independent judgment to consider all said reports, recommendations, and testimony hereinabove set forth, and recommended approval on a 4-0 vote; and
WHEREAS, the Initial Study/Mitigated Negative Declaration and M itigation Monitoring and Reporting Program for the 215 Skelly project (collectively IS/MND) was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and pursuant to CEQA Guidelines section 15074, the City Council has considered the IS/MND together with any comments received during the public review process and finds on the basis of the whole record before it that there is no substantial evidence that the zoning text amendment will have a significant effect on the environment and that the mitigation measures in the Mitigation Monitoring and Reporting Plan will mitigate any potential impacts to less than significant levels. The IS/MND reflects the City Council’s independent judgment and analysis, and the City Clerk is the custodian of the record of proceedings for the 215 Skelly Project, which includes the zoning text amendment.
38 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEARBY ORDAIN AS FOLLOWS:
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 Hercules Municipal Code Section 13-48, to read as found in Exhibit A.
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 declare s that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.
SECTION 4. Effective Date and 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 27th day of September, 2022, and was passed and adopted at a regular meeting of the Hercules City Council on the 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dion Bailey, Mayor
__________________________________________
Lauren Berges, City Clerk
39 3
Exhibit A: Draft Ordinance amending Hercules Municipal Code
Sec. 13‐48.200 Application and Applicability.
A planned development plan shall be prepared for developments and subdivisions within zoning districts specified in Division II of the Zoning Ordinance. Development design may deviate from the standards of a zoning district to the extent that the planned development plan is consistent with the intent of the General Plan and Zoning Ordinance, and a minor exception is granted for the deviation. A planned development plan shall include only uses and densities permitted in the zoning district in which the planned development plan is located.
All proposals for subdivision or development within zoning districts requiring planned development plans shall be required to submit a planned development plan application concurrently with other applications. There are 3 potential s tages in the review process which are outlined below and include the following: (1) conceptual; (2) initial; and (3) final. The final stage includes design review as established in Chapter 13-42.
The final planned development plan encompasses the detailed building, landscaping, signage, and exterior lighting design of the project. Final planned development plans shall consist of both use permit and design review approval along with sufficient plans and exhibits to document all project features and conditions. The final planned development plan and design review must be approved prior to building permit issuance. [Ord. 515 § 2, 2018; ZO § 48.200.]
Sec. 13‐48.600 Required Findings.
The City Council may grant a planned development plan permit, or modify an approved planned development plan with or without conditions only if all the following findings are made:
40 4
1. That the proposed use and densities are consistent with the General Plan.
2. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned development.
3. That any exceptions from standard ordinance requirements are warranted by the design and amenities incorporated in the final planned development plan. and approved through the minor exception process.
4. That the area surrounding the project site can be planned and zoned in coordination and substantial compatibility with the proposed development;
5. That existing or proposed utility services are adequate for the development densities proposed. [Ord. 515 § 2, 2018; ZO § 48.600.]
41 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer
SUBJECT: Parcel Map MS 476-22 for America’s Tire Store at 1625 Sycamore Avenue (Creekside Center).
RECOMMENDED ACTION:
City Council adopt a resolution approving Parcel Map MS 476-22 for America’s Tire store at 1625 Sycamore Avenue (Creekside Center).
FISCAL IMPACT OF RECOMMENDATION:
There are no fiscal impacts associated with the approval of the parcel map.
DISCUSSION:
America’s Tire Store was fully entitled at the January 25, 2022 Council meeting, including approval of the tentative parcel map. The site is located southwest of Home Depot in the Creekside Center at 1625 Sycamore Avenue (Att #2 Location Map). Parcel Map MS 476-22 splits the existing 12.62 acre Home Depot parcel into an 0.93 acre parcel for Americas Tire while Home Depot will occupy the remaining 11.69 acre parcel.
The parcel map has been reviewed by staff and the City’s consulting land surveyor for compliance with Section 10-2 of the Hercules Municipal Code, including conformity with the Subdivision Map Act and substantial compliance with the approved tentative parcel map.
The parcel map is now being brought before Council in accordance with Section 10-2 of the Hercules Municipal Code and is recommended by staff for approval.
ATTACHMENTS:
1. Resolution
2. Location Map
3. Parcel Map
42 Financial Impact
Description: Not applicable.
Funding Source:
Budget Recap:
Total Estimated cost: $ New Revenue: $
Amount Budgeted: $ Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No
43 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING PARCEL MAP MS 476 -22 FOR AMERICA’S TIRE STORE AT 1625
SYCAMORE AVENUE (CREEKSIDE CENTER)
WHEREAS, America’s Tire Store was fully entitled at the January 25, 2022 Cou ncil meeting, including approval of the tentative parcel map; and
WHEREAS, the parcel map has been reviewed by staff and the City’s consulting land surveyor for compliance with Section 10 -2.401 of the Hercules Municipal Code , including conformity with the Subdivision Map Act and substantial compliance with the approved tentative parcel map; and
WHEREAS, the parcel map is recommended by staff for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves Parcel Map MS 476 -22 for America’s Tire store at 1625 Sycamore Avenue (Creekside Center).
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 11th day of October 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges
City Clerk
44 /0/i255 /2 /3 /2 /2 /i255/4/5/6 /5 /7 /8 /9 /i255/10/8/11 /i255 /12 /13 /14 /15 /16 /17 /7 /18 /19 /i255 /20 /9 /9 /i255 /13 /5 /6 /21 /7 /18 /i255 /13 /22 /18 /22 /13 /23/22 /15 /19 /24 /25 /26 /i255 /27 /22 /22 /7
HOME
DEPOT
BIG LOTS
LOCATION MAP: AMERICA'S TIRES
45 Attachment #3 Parcel Map
46 47
48 49
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11th, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: William Imboden; Chief of Police
SUBJECT: Patrol Vehicle Acquisition
RECOMMENDED ACTION:
Authorize the City Manager to contract with Folsom Chevrolet to purchase three new Chevy Tahoe Patrol Vehicles at a cost not to exceed $182,371.20, and to outfit these vehicles with equipment purchased and installed through LEHR Pursuit Vehicles of Pittsburg at a cost not to exceed $65,000 for a total cost not to exceed $247,371.20.
FISCAL IMPACT OF RECOMMENDATION:
The total cost of the agreements with Folsom Chevrolet and LEHR will require additional appropriation in FY 2022-23. Staff recommends that the City Council amend the Fiscal Year (FY) 2022-23 General Fund Budget. There are sufficient funds available in the Vehicle Replacement Fund to absorb the cost. A resolution amending the City’s FY 2022-23 Budget has been prepared for the City Council adoption.
EXECUTIVE SUMMARY:
The Hercules Police Department has twelve (12) vehicles in its Patrol Fleet. Vehicles are replaced on an irregular basis as they begin to wear out, and the City Council has previously authorized six new vehicles since 2019. However, due to mechanical issues, parts supply issues and replacement delays, the fleet is down to six regularly working patrol vehicles . Three of the six inoperable vehicles have been removed from the fleet due to the excessive cost to repair them. Council approved the purchase of three replacement vehicles in the FY 2022 -23 Budget however these vehicles have not arrived yet, and now three more vehicles are beyond repair.
Ford Motor Company has announced they are no longer taking orders for new Police Interceptor 50 vehicles through the calendar year 2023. Any new orders will not be delivered until 2024.
DISCUSSION:
The Patrol Fleet consis ts of a total of twelve vehicles, all of which are Ford Explorers with the Police Interceptor Package. In the 2019-20 annual budget the City Council authorized replacing three of the vehicles with high mileage and excessive repair issues. Staff ordered three new hybrid Ford Police Interceptors however, since taking possession of them all three have experienced major mechanical breakdowns and electronic malfunctions during their use. Staff has made several claims with Ford Motor Company to have them repla ced but beyond warranty repairs the claims have been denied. The California Lemon Law does not apply to fleets with more than three vehicles, and the Better Business Bureau declined to take Staff’s complaint to arbitration through their buyback program. As a result, in addition to the three vehicles already out of service the three hybrid vehicles are continuously in and out of the shop, effectively reducing the fleet to six dependable vehicles.
In anticipation of the Council authorizing three new vehicles in the FY 2022-23 budget year, staff placed an order in March of 2022, knowing there were delivery delays due to parts shortages and high demand. These vehicles should have replaced older, high mileage vehicles but have been earmarked to replace the defective hybrid vehicles, unfortunately , they have not arrived yet and Staff has been notified that they are not yet in route from Michigan . No delivery date has been given however Staff still anticipates receiving these vehicles and putting them into ser vice. Even with these vehicles in operation, the fleet will be short unless three more vehicles are purchased to replace the high mileage vehicles already cycled out.
On October 3rd, 2022, due to minor issues with three of the remaining six operating vehicles in the fleet Patrol was down to three working patrol vehicles for a period of 48 hours. With the fleet this dangerously low, Officers had to limit the type and level of proactive policing they conducted during this period.
In speaking to other agencies in Contra Costa County about possible remedies Staff learned that the Contra Costa Sheriff’s Office Fleet Manager can purchase pursuit-rated Chevrolet Tahoes from Folsom Chevrolet and receive them within two weeks on average, and Folsom Chevrolet regularly has Tahoes available for purchase.
One of the benefits of continuing to replace Ford Interceptor Patrol Vehicles with other Fords was the ability to swap the reusable equipment from the outgoing vehicle into the incoming vehicle (i.e., equipment mounts, safety barriers, and restraint equipment, etc.), limiting the upfront costs of replacing vehicles . Beginning in 2023 Ford began making slight changes to their vehicle layouts, effectively limiting the amount of equipment that could be swapped over. Even if the Ford Interceptors were readily available the cost to put one in service would include total equipment replacement costs. With that in mind, the impact of adding Chevrolets to the patrol fleet is negligible when compared to sticking strictly to Ford.
Staff contacted Folsom Chevrolet for a quote to purchase three vehicles under the umbrella of the State Purchasing Bid used by the Contra Costa County Sheriff’s Fleet Manager. Folsom 51 Chevrolet provided a quote per vehicle of $60,790.40 (attached).
In addition, staff contacted LEHR Pursuit Vehicles for a quote to purchase and install the equipment needed for a Tahoe. LEHR stated they would provide a quote but not in time for this staff report to be completed, but stated we could estimate the cost to be “a few hundred dollars more” than their quote for outfitting our Ford vehicles. As such the Ford quote has been attached to this report as an estimate of the cost to outfit the Chevrolet and the total price requested in this report has been rounded up by $303 per vehicle.
ATTACHMENTS:
1. Folsom Chevrolet quote
2. LEHR quote for Ford vehicle
3. Resolution
52 53
HERCULES CITY COUNCIL
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING THE GENERAL FUND FY 2022-23 BUDGET TO ADD $247,371.20 FOR THE COST
TO PURCHASE AND EQUIP THREE CHEVROLET TAHOE POLCE PATROL
VEHICLES FROM FOLSOM CHEVROLET
WHEREAS, the City Council has adopted the FY 2022-23 Budget on June 28, 2022, representing the financial plan for conducting the affairs of the City of Hercules; and
WHEREAS, Staff is proposing that General Fund expenditure appropriations be increased by $247,371.20 for the cost to purchase and equip three patrol rated Chevrolet Tahoe vehicles; and
WHEREAS, the City Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments are both fair and appropriate.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules as follows:
1. The Council hereby approves amendment to the City’s General Fund FY 2022-23 Budget to add $247,371.20 for the cost to purchase and equip three patrol rated Chevrolet Tahoe vehicles.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 11th day of October 2022, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dion Bailey, Mayor
ATTEST:
Lauren Berges, City Clerk
54 55
56 57
58 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
_____________________________________
Front End Equipment
_____________________________________
BK2019ITU20 PB450L4 LIGHTED PUSH BUMPER ION TRIO R/B/W 20+
UTILITY
Setina 1 895.20 895.20
FK0400ITU20 PB5 PB300/400 FENDER WRAP 2020-23 UTILITY Setina 1 495.20 495.20 OEM - 66A FRONT CORNERS
EX0011 PATROL POWER HARNESS FRT MNT PI UTIL 2020 Patrol Power 1 725.60 725.60 SA315P SIREN SPEAKER 100W Whelen 2 179.99 359.98
SAK66P SPEAKER BRACKET-P/S UTILITY 2020 Whelen 1 31.50 31.50 SAK66D SPEAKER BRACKET-D/S UTILITY 2020 Whelen 1 31.50 31.50 I INSTALLATION CHARGES Labor Items 10.5 105.00 1,102.50 _____________________________________
Side Equipment
_____________________________________
OEM - 63B MIRROR BEAMS
I INSTALLATION CHARGES Labor Items 1 105.00 105.00
_____________________________________
Roof Equipment
_____________________________________
PE215 PRE-EMPTION POWER SUPPLY Whelen 1 419.30 419.30
NPN BJ2DEDE_19828 // 54" LIBERTY II WCX DUO Service Items 1 2,199.00 2,199.00
INCLUDES CENTER TD AND PRE EMPTION TUBE
STPKT105 STRAP KIT UTILITY 2020- Whelen 1
MB8U CABLE 17' RG58U SOLID CENTER NMO STYLE BRASS MOUNT Misc Radio Parts 2 19.50 39.00 ANXQWB760 760-870MHZ 1/4 WAVE ANTENNA BLK Misc Radio Parts 1 13.95 13.95 ABSCANC SCANNER ANTENNA Misc Radio Parts 1 41.17 41.17
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Customer IDShip Via
To:
Sell
36561
Mike McGee
19829
Phone:
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Installation at Lehr
Phone: 510-799-8280
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/21/2022
1 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 59 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
I INSTALLATION CHARGES Labor Items 4.5 105.00 472.50
_____________________________________
Drivers Compartment
_____________________________________
C-VS-1400-INUT-1 CONSOLE 2020 UTILITY Havis 1 268.26 268.26 C-EB40-CCS-1P FACE PLATE 1 PC 4" Havis 1
C-EB25-XTL-1P FACE PLATE 1 PC 2.5" Havis 1
C-EB20-168 FACE PLATE 2 PC 2" Havis 1
C-FP-25 FACE PLATE 2.5" Havis 1
C-FP-1 FACE PLATE 1" Havis 1
C-LP-3 FACE PLATE 2" 3 LTR OUTLETS W/CAPS Havis 1 39.98 39.98 1016B-BSS DUAL USB SOCKET Blue Sea Systems 1 25.29 25.29 C-CUP2-E-C DUAL EXTERNAL CUP HOLDER Havis 1 32.02 32.02 C-ARM-104 ARMREST LG FLIP UP PAD TRAK-MOUNT BASE Havis 1 156.55 156.55 MMSU-1 MAGNETIC MIC KIT Magnetic Mic 2 29.705 59.41
C-MCB MICLIP BRACKET Havis 1 14.54 14.54
22051 DC CHARGE CORD Streamlight 1 11.47 11.47
22052 CHARGE SLEEVE Streamlight 1 10.25 10.25
CSM - POLICE RADIO
CSM - SCANNER
CSM - TABLET COMPUTER
CSM - TABLET DOCKING STATION
HKN6169B 17' CONTROL HEAD CABLE REMOTE XTL RADIO Misc Radio Parts 1 80.75 80.75 HKN4192B USE HKN4192C MAIN POWER CABLE 20' Misc Radio Parts 1 65.26 65.26 HSN4031B 7.5W MOTOROLA SPEAKER Misc Radio Parts 1 62.07 62.07 C-DMM-3015 Heavy-Duty Dash Mount for 2020-2021 Ford Intercept Havis 1 416.00 416.00 60CREGCS 12V WHT/RED 6" COMPARTMENT LT Whelen 1 156.80 156.80 Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Customer IDShip Via
To:
Sell
36561
Mike McGee
19829
Phone:
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Installation at Lehr
Phone: 510-799-8280
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/21/2022
2 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 60 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
GK11191B1S DUAL T-RAIL GUN MT 1 BLAC-RAC LOCK/1 SHOTGUN LOCK Setina 1 781.15 781.15 I INSTALLATION CHARGES Labor Items 13.5 105.00 1,417.50 _____________________________________
Prisoner Compartment
_____________________________________
PK0715ITU20TM #8VS RP 75/25 COATED POLY PARTITION 2020 UTILITY Setina 1 727.20 727.20 QK0634ITU20 FULL REPL TRANSPORT SEAT CENTER PULL BELTS 2020 Setina 1 751.20 751.20 PK0316ITU202ND #12VS COATED POLY REAR PARTITION 2020 UTILITY Setina 1 471.20 471.20 WK0595ITU20 POLY WINDOW BAR Setina 1 271.20 271.20
DK0100ITU20 TPO DOOR PANELS BLK, UTIL 2020 Setina 1 247.20 247.20 I INSTALLATION CHARGES Labor Items 7.5 105.00 787.50
_____________________________________
Back End Equipment
_____________________________________
TK0233ITU20 CARGO BOX DSK-DRAWER/SLD/KEY BSN-BASE/SLD/NO LOCK Setina 1 1,367.20 1,367.20 TPA9289 CARGO BOX RADIO TRAY Setina 1 311.99 311.99
VTX609J DISC WHEN OUT USE P/N VTX9J, VERTEX SUPER-LED SPLIT
RED/BLUE
Whelen 2 76.99 153.98
MCRNTR MICRON RED STUD MOUNT Whelen 1 89.99 89.99
MCRNTB MICRON BLUE STUD MOUNT Whelen 1 89.99 89.99
LB5Z-13N364-A WHITE BRKT RT INNER-REAR HATCH LIGHT 20- UTILITY Dealership Parts 1 23.72 23.72 LB5Z-13N364-B WHITE BRKT LF INNER-REAR HATCH LIGHT 20- UTILITY Dealership Parts 1 23.72 23.72 LB5Z-13N364-AA BLACK BRACKET-RIGHT-REAR HATCH LIGHT 20- UTILITY Dealership Parts 1 50.90 50.90 LB5Z-13N364-BA BLACK BRACKET-LEFT-REAR HATCH LIGHT 20- UTILITY Dealership Parts 1 50.90 50.90 C399 CENCOM CORE WCX CONTROL CENTER Whelen 1 919.00 919.00 C399K4 OBDII CANPORT CABLE KIT FORD W/O OEM OPTION 61B Whelen 1 38.50 38.50 CCTL7 WECAN-X 21 BUTTON/SLIDE CONTROL HEAD Whelen 1
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Customer IDShip Via
To:
Sell
36561
Mike McGee
19829
Phone:
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Installation at Lehr
Phone: 510-799-8280
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/21/2022
3 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 61 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
CV2V VEHICLE-TO-VEHICLE SYNC MODULE Whelen 1 193.80 193.80 ALPHASL ALPHA REMOTE SIREN Whelen 1 193.90 193.90
I INSTALLATION CHARGES Labor Items 16 105.00 1,680.00
_____________________________________
INSTALL INSTALL MATERIALS Service Items 1 285.00 285.00 F Shipping Charges Service Items 1 325.00 325.00
21,363.04
1781.25
19,581.79
Total:
Total Sales Tax:
Subtotal:
325.00
19256.79
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Customer IDShip Via
To:
Sell
36561
Mike McGee
19829
Phone:
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Installation at Lehr
Phone: 510-799-8280
Hercules, CA 94547-1771
111 Civic Center Drive
Dwayne Collard
Hercules Police Department
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/21/2022
4 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 62
STAFF REPORT TO THE CITY COUNCIL
DATE: Meeting of October 11, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: Cost Allocation Plan, Comprehensive User Fee and Development Impact Fee Studies Contract Award
RECOMMENDED ACTION:
Staff recommends that the City Council:
1. Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement between the City of Hercules and Revenue & Cost Specialist (RCS) in an amount not to exceed $75,400 to prepare a Cost Allocation Plan, Comprehensive User Fee Study and Development Impact Fee Study and approving a budget amendment to increase the FY 22-23 General Fund budget by $75,400.
FISCAL IMPACT OF RECOMMENDATION:
The General Fund will fund the recommended consultant award for not exceeding $75,400 for the Cost Allocation Plan, Comprehensive User Fee Study, and Development Impact Fee Study. There are sufficient funds in the General Fund to absorb the cost.
EXECUTIVE SUMMARY:
Cities can charge fees for the services they provide as long as the fee does not exceed the reasonable cost of providing services. The proposed agreement will enable the City to complete an updated fee study to verify and substantiate defensible and reasonable costs of providing services to the public. Completing the plans will allow the City to determine the appropriate fees that would recover the total cost of providing services and compare the City’s fees with other communities. It is a best practice to periodically update fee studies to reflect changing practices and costs.
63
BACKGROUND AND DISCUSSION:
On August 4, 2022, the City issued a Request for Proposal (RFP) from qualified consultants to provide the City with a Cost Allocation Plan, a Comprehensive User Fee Study, and Development Impact Fee Study. The RFP was closed on September 8, 2022.
The purpose of the RFP is to find and select a qualified vendor to update the City’s Cost Allocation Plan, User Fee, and Development Impact Fee. The proposed work plan includes the following primary components:
1. The development of a comprehensive Cost Allocation Plan includes an updated methodology that will ensure an equitable allocation of expenses related to administration and internal services. The City allocates administration and internal services costs to other funds and departments.
2. The User Fee study aims to accurately calculate the direct costs of providing services and, in conjunction with the identification of indirect costs in the Cost Allocation Study, determine the total costs of providing those services. This phase will also w ork with each department of the City to determine an appropriate fee structure. If a change to the current fee structure for any program is proposed, the Study will explain how the new proposed structure is legally compliant.
Additionally, it will identify the maximum amount of fees for each system that is also fair, appropriately documented, and legally defensible.
3. The City assesses various development impact fees on new development and redevelopment to help the City pay for the new development activity's infrastructure. The City's impact fee program must comply with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600). The City is now seeking services from a qualified firm to update the general public facilities, parks and recreation facilities, and police facilities. The study shall provide sufficient informatio n and the necessary findings to help the City determine the appropriate amount of development impact fees based on the proposed infrastructure requirements to support the City's General Plan growth projections and the City's Capital Improvement Plan. The C ity's impact fee program must comply with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600). The consultant is expected to work with City staff to determine other supporting infrastructure (i.e., equipment, vehicles, etc.) or other operational services that could rightfully be included in the fee program to ensure the costs of such supporting infrastructure are paid by development. The City would also like feedback from the consultant on recommended best practices to help provide better collections and any adjustments to municipal code if necessary.
The City received four responses to the RFP ; below is the list of those firms and their proposed costs:
64
A selection committee for evaluation of the p roposals was formed and consisted of the following members:
Mike Roberts, Public Works Director/City Engineer
Tim Rood, Community Development Director
Edwin Gato, Finance Director
The selection committee met and made their final selection on September 21, 2022. It evaluated the proposal based on criteria from the RFP, including experience with government agencies, price, timeline factors, and approach to the scope of work. Three of the firm s were invited for an interview. During the interv iew process, the firm representative was asked to present the qualifications of their firm and assigned staff, as well as a summary of how they would conduct the studies. Each firm was then asked questions based on their submitted proposals. Although the s election committee determined that every bid came from a qualified firm, RCS has offered the most comprehensive level of service and best value in terms of fee.
From these results, staff recommends that the City Council award a contract to the Revenue & Cost Specialist (RCS) and authorize the City Manager to execute an agreement for the Cost Allocation Plan, Comprehensive User Fee and Development Impact Fee Studies.
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Request for Proposal (RFP)
Attachment 3 – Professional Service Agreement
Not-to-Exceed
Amount of
Matrix Consulting Group 70,450$
Revenue & Cost Specialist (RCS) 75,400$
NBS 98,950$
Willdan Financial Services 99,490$
65 HERCULES CITY
COUNCIL RESOLUTION
NO. 22-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH REVENUE & COST SPECIALIST (RCS) AND APPROVING A BUDGET AMENDMENT TO INCREASE THE FY 22 -23 GENERAL FUND BUDGET BY $75,400
WHEREAS, The City of Hercules is committed to develop a comprehensive overhead cost allocation model to capture the full cost recovery and accurately account for a reasonable cost of providing services to the community; and
WHEREAS, the City’s goal is to have a well -documented and defensible cost allocation plan that will incorporate appropriate general and administrative cost allocations into the budget; and
WHEREAS, the City wishes to perform comprehensive review of the existing user fee structure and conduct a nexus study to update the development impact fees; and
WHEREAS, the City Council has adopted the FY 2022-23 Budget on June 28, 2022, representing the financial plan for conducting the affairs of the City of Hercules; and
WHEREAS, staff is proposing to increase the General Fund expenditure appropriations by $75,400 for the development of the cost allocation plan, user fee and development impact fee study; and
WHEREAS, the City Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments and proposed agreement are both fair, appropriate, and warranted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
1. Adopt a resolution authorizing the City Manager to execute a professional service agreement for an amount not to exceed $75,400 with Revenue & Cost Specialist (RCS) to prepare a cost allocation plan, comprehensive user fee and development impact fee studies; and
2. Amend The FY 2022-23 Budget Appropriation by $75,400 to pay for the associated services.
66 The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 11 th day of October 2022, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dion Bailey, Mayor
ATTEST:
Lauren Berges, CMC
City Clerk
67 CITY OF HERCULES
Request For Proposal
For
Cost Allocation Plan, Comprehensive User Fee Study,
and Development Impact Fee Study
111 Civic Drive
Hercules, California 94547
August 4, 2022
68 I. INTRODUCTION
The City of Hercules is requesting proposals from qualified professional firms (Consultant) to analyze the City’s cost structure and recommend a Cost Allocation Plan and User Fee and Development Impact Fee Study that would enable the City to recover costs to the maximum extent possible for user fees and special revenue sources.
II. BACKGROUND
The City of Hercules (City) was incorporated on December 15, 1900, under the laws of the State of California. Located on the northeastern shore of San Pablo Bay, conveniently located along the I-80 corridor and within minutes of both San Francisco and Napa. The over 25,000 residents represent a diverse mix of many ethnic groups. Primarily a suburban, family-oriented community, the City is transforming into more than a suburban community with a lively new waterfront, and a new train and ferry terminal in the works.
The City operates under the Council-City Manager general law form of government, with a five-member City Council elected at-large on a non-partisan basis, who serve staggered four-year terms. The City is divided into departments that provide a range of municipal services, including police, street and sidewalk maintenance, public improvements, planning and zoning, and general administrative services. Information regarding the City and its organization, such as governmental structure, services provided, the Annual Budget and Annual Comprehensive Financial Reports are available on the City’s website, www.ci.hercules.ca.us.
III. SCOPE OF SERVICES
This Request for Proposal (RFP) is a step in the planned procurement action to acquire the desired services and/or products. Firms responding to this RFP shall be prepared to deliver products and perform the work necessary to provide the services described after the issuance of a contract. The project furnishes all labor, materials, equipment, tools, supervision, and travel required to complete the tasks. There is a separate scope of work for each of the studies. Project tasks shall include, but are not necessarily limited to, the tasks listed below. If the firm feels additional tasks are warranted, they must be identified in its proposal.
Cost Allocation Plan (CAP)
Prepare the City’s Cost Allocation Plan, which may include the following elements:
1) Work and meet with selected City staff to refine the project scope, purpose, uses, and goals of the City’s Cost Allocation Plan to ensure that the study will be both accurate and appropriate to the City’s needs; review 69 project schedule and answer any questions pertaining to the development of the plan.
2) Work with the City in developing cost categories and allocation criteria for the City’s programs.
a) The City has an existing cost allocation plan. The City desires an evaluation and update of the existing cost categories, allocation bases, and methodology for use in a new cost allocation plan.
3) Develop an Overhead CAP Model that:
a) Update the City’s “Full Cost” cost allocation plan, based upon the City’s 2022-23 adopted budget, to allocate city-wide overhead costs to the City’s program departments and funds.
i. City-wide costs for allocation include the following departments and functions: City Council, City Manager, City Clerk, City Attorney, Finance, Human Resources, Risk
Management, Information Technology, Fleet & Equipment
operations, and Facilities operations.
b) Establishes a second “Federal” cost allocation plan, based upon the City’s most current audited financial statement (FY 20-21) actual expenditures, to allocate city-wide overhead costs to the City’s program departments and funds, in compliance with Title 2, Code of Federal Regulations, Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly known as OMB A- 87).
c) Establishes an Indirect Cost Rate for select program departments to allocate City and program overhead costs to individual staff hours, in compliance with Title 2, Code of Federal Regulations, Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly known as OMB A-87).
i. Selected programs for Indirect Cost Rates include Public Works Engineering and Transportation, and Public Works
Utilities and Operations.
d) Allows for additions, revisions, or removal of direct and indirect costs so the cost allocation plan can be easily adapted to a range of activities both simple and complex.
e) Provides the ability to continuously update the plan from year to year to accommodate organizational structure and costs changes.
f) Assist the Finance Department in presenting the draft cost allocation plan to selected City staff. It is expected that comments 70 and concerns will be collected during the draft presentation phase for inclusion in a final cost allocation plan and model.
g) Provide the City with two bound copies of the final cost allocation plan as well as an electronic copy of the final version, including related schedules and cost documentation in Excel format.
Comprehensive User Fee Study
The City seeks to evaluate all services costs and examine whether a reasonable relationship exists between the cost of providing services and current service fees while ensuring compliance with Proposition 26, Proposition 218, and other applicable statutory requirements. The City desires to undertake a comprehensive citywide review and evaluation of user fee and rate charges resulting in a cost-based user fee study. The Comprehensive Fee Study will calculate the full 100% cost of providing certain City services and provide a recommended fee to be charged for each applicable service.
The selected firm will provide a thorough analysis and development of fee models and recommendations, including identifying and recommending new fees and revenue sources. The firm shall recommend cost recovery strategies and identify best practices in establishing user fees. These strategies should consider the complexities and demands of each department and program. The City’s goal is to have a well-documented and legally defensible service plan cost that will identify rates that will be used to recover billable costs for services and develop user fees that comply with Proposition 26, Proposition 218, and other applicable statutory requirements. A survey comparison of rates and fees with similar cities is required.
Prepare a Comprehensive User Fee Study for the City, which may include the following elements:
1) Work and meet with City staff to refine the project scope, purpose, uses, and goals of the City’s Comprehensive User Fee Study to ensure that the study will be both accurate and appropriate to the City’s needs; review project schedules and answer any questions pertaining to the successful development of the study.
2) Meet with staff and conduct interviews as needed to gain an understanding of the City’s processes and operations; conduct a comprehensive review of the City’s existing fees, rates, and charges.
3) Identify the total cost of providing each City service at the appropriate level and in a manner consistent with all applicable laws, statutes, rules, and regulations governing the collection of fees, rates and charges by public entities including, but not limited to Proposition 26 and Proposition 218.
71 4) Compare service cost with existing recovery levels; this includes service areas where the City is currently charging, as well as recommended areas where the City should charge, in light of City’s practices, or the practices of neighboring cities.
5) Identify potential new fees and charges for services that the City currently provides but does not have fees and/or charges established.
Recommendations should be based on standards set by surrounding cities for providing the same or similar services, best practices, and the consultant’s professional opinion.
6) Recommend appropriate fees and charges based on the analysis together with the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic.
7) Review fee waiver and cost recovery policies and make recommendations based on industry standards, policies of surrounding and/or comparable cities, or the consultant’s professional opinion.
8) Prepare a report that identifies each fee service, its full cost, recommended and current cost recovery levels. The report should identify the direct cost, the indirect cost, and the overhead cost for each service.
9) Prepare a report that identifies the present fees, recommended fees, percentage change, cost recovery percentage, revenue impact and fee comparison with other California cities that are comparable to City of Pleasant Hill. A survey comparison of rates and fees with similar cities is required.
10) Report on other matters that come to the Consultant’s attention in the course of the analysis that, in the Consultant’s professional opinion, the City should consider.
11) Provide a computer-based model in Microsoft Excel for adjusting these fees and charges for the City’s current and future needs and provide the City with an electronic copy of the final comprehensive study, including related schedules and cost documentation in a format that can be edited and updated by City staff to accommodate changes in the organization or changes in costs.
12) If requested, prepare and deliver presentation to the City’s management group and City Council to facilitate their understanding of the user fee study and its implications, and make necessary adjustments as requested.
13) Provide on-site training to enable staff to update fees on an annual basis.
14) Prepare a final fee study report and 20 bound copies, one unbound copy, and a PDF file of the Cost Recovery Plan that can be made available to 72 City staff. Models, tables, and graphs shall be provided in Microsoft Excel providing the ability to add, delete and/or update information as needed.
15) Consult with City staff should it become necessary to defend the City’s Comprehensive User Fee because of any legal or other challenge.
Development Impact Fee Study
The City has several development impact fees, with the transportation impact fee study and fire facilities impact fee studies most recently updated in 2019; other impact fees support facilities for parks and recreation, general public facilities, and police. The City’s current development impact fees are available upon request. In addition, the City has several planning documents that may be helpful in developing the impact fee study:
General Plan
Zoning Ordinance
The study shall provide sufficient information and the necessary findings to help the City determine the development impact fees based on the proposed infrastructure requirements to support the City’s General Plan growth projections and the City’s Capital Improvement Plan. The City’s impact fee program must comply with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600). The consultant is expected to work with City staff to determine other supporting infrastructure (i.e., equipment, vehicles, etc.) or other operational services that could rightfully be included in the fee program to ensure the costs of such supporting infrastructure are paid by development. The City would also like feedback from the consultant on recommended best practices to help provide better collections and any adjustments to municipal code if necessary.
1) Kick-off meeting between consultant and City staff to review objectives of study, agree to methodology, exchange information, timing and schedule for all tasks, and to determine information to be provided by City staff, to support a comprehensive Impact Fee study of each existing fee.
2) Consultant shall also propose new impact fees that the City is not currently collecting for consideration by the City. After consideration of such new Impact Fees, the City may elect to request the consultant prepare the necessary nexus study or studies. Such study or studies shall be deemed “Extra Work” entitled to additional compensation.
3) Impact Fees shall be calculated to provide for facilities, equipment, infrastructure, and services needed to support growth based on forecasts of new development over a 20-year period. The Impact Fees analysis shall consider existing fees, if any, and be compared to both (a) surrounding and (b) comparable cities to ensure reasonableness, 73 consistency, and feasibility. The City is interested in incentive programs offered in other agencies to promote economic development and the goals of the City.
4) The consultant shall prepare either an individual report for each Impact fee for a single compiled report for all Impact Fees that documents the fee study results, including a description of the overall assumptions, approach, and methodology, findings, supporting justification, recommended fee amount and the calculations that provide the legal nexus between the recommended Impact Fee and new development.
5) Review findings with City staff. Consultant to provide information supporting findings to date and proposed fees.
6) City Council meeting to present draft study. Discuss methodology, findings, formal presentation, answer questions about finding, and collect input for preparation of final report.
7) Final City Council meeting to follow up on first meeting and present final report.
8) Consider the optional meeting in your proposal as separate line item cost – Public meeting to present draft study report. Meeting to share findings with stakeholders, including developers and engineers. Consultant to facilitate meeting, provide exhibits and formal presentation, collect input and prepare meeting minutes capturing public input.
9) Prepare a final report submitted to the City containing background information, methodology, findings, and recommendations. More specifically, consultant shall prepare a report containing, but not limited to, the following:
a. Background Information.
b. Description of the overall methodology.
c. Supporting justification.
d. Calculations that demonstrate the legal nexus between recommended fees and the impact created by new development. e. Relationship between the fee’s use and the type of project on which it would be imposed.
f. Any additional matters that City staff should be made aware of, findings, and recommendations.
10) If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal under this option.
11) The City reserves the right to modify the scope of services before the contract is awarded.
74 IV. CONTENT OF PROPOSALS
Interested proposers must provide a proposal containing the following information to the City to be considered a viable candidate for this contract. Any proposal that does not contain the information outlined below shall not be considered.
1) Transmittal Letter
The proposal must contain a transmittal letter, signed by an official authorized to commit the firm to contracts, including the name, mailing address, email address, and phone number of the firm’s primary contract person for the proposal.
2) Experience and Qualifications
The proposal must contain a summary of the firm’s and proposed staff member’s qualifications successfully providing a scope of services similar to that sought by the City on a similar project. The proposal should specifically contain the following information:
a) A brief description of the firm including its history, location of headquarters, overall size, services, location of the office in which the scope of services will be performed, size of that location, and services of that location.
b) A summary of the relevant experience (within the past five years, providing series similar to those sought by the City on a comparable project) of the office in which the scope of services will be performed.
c) A summary of the relevant experience (within the past five years, providing series similar to those sought by the City on a comparable project) and other qualifications of the specific staff member(s) proposed by the firm to work on this project.
3) Approach to Work
The proposal must describe the firm’s envisioned approach to the work, strategies for successfully providing the scope of services, and delivering the project in conformance with the City’s requirements. The proposal should also address the firm’s and specific staff member(s)’ workload and capacity to perform the scope of services. A general project timeline for completing the requested project is also desired by the City.
4) Legal Issues and Conflict of Interest
75 The proposal must provide a listing of any pending investigations, claims, or enforcement actions against the firm and a listing of any existing or potential conflicts of interest regarding this project.
5) References
Among the projects noted in the Experience and Qualifications section of the proposal, the firm must identify five clients that would be willing to provide a reference. Include the name and contact information of an appropriate individual with each client that would be willing to serve as a reference.
6) Fee Proposal
The proposal must describe the firm’s normal fee structure and hourly rate for this type of scope of services; a breakdown of the pricing structure by position of the likely staff involved should be clearly defined.
V. SELECTION CRITERIA
A team of City staff will evaluate each proposal relative to the criteria listed below. The firms that are judged to have submitted the best proposals will be invited to present their qualifications to the City.
• The firm’s ability to successfully fulfill the requirements of the project as outlined in the RFP.
• The experience and qualifications of the firm and the staff that would specifically be assigned to work with the City.
• The firm’s approach to the work; in addition to possessing technical expertise, great customer service, project management, and communication skills are highly desirable.
• Pricing considerations and perceived value proposition. • Legal issues and conflicts of interest.
The City will identify the best qualified firm based upon the presentation to the City, references, and fee proposal.
76 VI. PROPOSAL SUBMISSION INSTRUCTIONS AND SCHEDULE
Firms must submit six hard copies and one electronic copy of their proposal to:
City of Hercules
Attn: Edwin Gato, Finance Director
Subject: Cost Allocation Plan and Comprehensive Fee Study 111 Civic Drive
Hercules, CA 94547
[email protected]
The anticipated schedule for the selection process is shown below. The City reserves the right to make changes to the schedule.
To ensure fairness in the selection process, all questions or requests for information related to this RFP must be submitted via email to Edwin Gato, Finance Director at [email protected] by the Deadline for Submission of Questions. Responses to all questions or requests for information that have been submitted by the deadline shall be shared with any interested firm upon that firm’s request. Proposals must be received no later than 5:00 p.m. Pacific (Daylight Savings) Time on the Proposal Deadline. Proposals received after that time will not be considered.
VII. OTHER INFORMATION
The City reserves the right to reject any proposal received, to negotiate a contract with any qualified firm, or to cancel the process. All proposals and material submitted to the City will become the property of the City. The City is not liable for any costs incurred by a firm in the preparation and submittal of its proposal.
The City’s standard Agreement for Professional Services, attached for reference as Attachment A, will serve as the starting point for contract negotiations.
ATTACHMENTS
A - City’s Agreement for Professional Services
Release of RFP August 4, 2022
Deadline for Submission of Questions August 11, 2022
Proposal Deadline September 1, 2022
Identification of Best Qualified Firm September 8, 2022 77 Professional Services Agreement Agreement No. <________> City Attorney Approved, 112717 Page 1
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on _________, 20__, between the City of Hercules, a California municipality (“ City”), and _________________________, a ___________________________ <insert type of business entity> (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Term . This Agreement will become effective on _________, 20__ (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement.
Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed $____________, without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services.
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor . The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.
Attachment A
78 Professional Services Agreement Agreement No. <________> City Attorney Approved, 112717 Page 2
5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Name: ______________________
111 Civic Drive Address: ____________________
Hercules, CA 94547 ____________________________
(510) 799-8200 Phone: ______________________
Attn: City Clerk Attn: ________________________
Copy to: _____________________ Copy to: _____________________ Email: _______________________ Email: _______________________
7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided 79 Professional Services Agreement Agreement No. <________> City Attorney Approved, 112717 Page 3
under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “ Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”). CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of Services under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
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8.1.4 Professional Liability. This insurance must insure against Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured ”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either Party commencing litigation in relation to the dispute.
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10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachment A, Consultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
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13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the Party delayed, excluding financial inability (“ Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
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The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________
________________________________ ___________________________________ David Biggs, City Manager Patrick Tang, City Attorney
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Name/Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
Attachments:
Attachment A: Scope of Services
Attachment B: Payment
84 Professional Services Agreement Agreement No. <________> City Attorney Approved, 112717 Scope of Services
Attachment A
SCOPE OF SERVICES
<Insert or attach a detailed description of the required Services, including time(s) for performance and completion of the Services, milestones, deliverables, reporting requirements, etc.> 85 Professional Services Agreement Agreement No. <________> City Attorney Approved, 112717 Payment
Attachment B
PAYMENT
<Insert or attach prices or rates that will be used to determine payments to the Consultant as applicable, e.g., hourly rates by name and/or position, per task rates, per item rates, allowable reimbursable expenses, etc.>
<Delete if not applicable:> City will compensate Consultant for the following expenses (“Allowable Reimbursable Expenses ”) at the following rate(s), not to exceed a total of $_____________, without prior written authorization:
Allowable Reimbursable Expense: Rate:
____________________________ _________________
____________________________ _________________
____________________________ _________________
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Agreement No. < >
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on October 11, 2022 , between the City of Hercules, a California municipality (“City”), and Revenue & Cost Specialist (RCS), a Limited Liability Company (“Consultant”) ( “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Term. This Agreement will become effective on October 11, 2022 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement.
Time is of the essence with respect to all provisions of this Agreement that specify a time for
performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed $75,400, without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services.
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City. 87 Professional Services Agreement
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5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Revenue & Cost Specialist (RCS)
111 Civic Drive 1519 E. Chapman, Suite C
Hercules, CA 94547 Fullerton, CA 92831
(510) 799-8200 (714) 992-9027
Attn: City Clerk Attn: Eric Johnson, President
Copy to: Edwin Gato, Finance Director
Email: [email protected]
Copy to: Eric Johnson, President
Email: [email protected]
7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided 88 Professional Services Agreement
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under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”). CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of Services under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
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8.1.4 Professional Liability. This insurance must insure against Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either Party commencing litigation in relation to the dispute. 90 Professional Services Agreement
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10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachment A, Consultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
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13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the Party delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
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The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/ s/
Dante Hall, City Manager Patrick Tang, City Attorney
Date: Date:
Attest:
s/
Name/Title
Date:
CONTRACTOR:
Business Name
s/
Name/Title
Date:
s/
Name/Title
Date:
Attachments:
Attachment A: Scope of Services
Attachment B: Payment
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Scope of Services
Attachment A
SCOPE OF SERVICES
94 Proposal for Cost Allocation Plan and Comprehensive Fee Study
APPROACH TO WORK
The City’s RFP request two separate processes, discussed below: (1) cost allocation plan and comprehensive user fee study, and (2) impact fee study. Each study requires different staffing team, calculation methodologies, fiscal analysis and legal tests.
Unique to RCS is our approach to calculate the full cost of all City services, rather than just the itemized cost of user fees. Doing so makes it easier to explain the function s of city services, and strengthens the study’s legal defensibility.
COST ALLOCATION PLAN & COMPREHENSIVE USER FEE STUDY
First, the City wants to identify the full costs of services that are either currently charged a fee or could be charged a fee (user fees). As part of this study, a Cost Allocation Plan (CAP) is necessary to calculate the fully burdened hourly rates for employees, distribute the overhead costs to funds, departments, and the end-user services, and make the full costs of services study more
defensible.
Based on the full cost information, RCS will review
with staff a proposed user fee structure that will
recover these costs in the most equitable and efficient way possible. This may involve flat fees, deposits,
valuation-based fees, step -increase fees, or a
combination of these. But the eventual fee
recommendations included in the final report and
master fee resolution will be defensible, easy to
understand, and be supported by City staff.
RCS will construct user fees that represent how
operations are conducted in the City. We will review with staff suggested fee structures that recover costs in the most equitable and efficient way possible. This may involve flat fees, deposits, valuation-based fees, step-increase fees or a combination of these. The eventual fee recommendations included in the final report and master fee resolution will be defensible, easy to understand and supported by City staff.
The most important part of our work is performed through a series of focused meetings with staff. Face -to-face meetings commit staff to the timeline and ensure that our study draws from the most knowledgeable person on the subject matter. A series of meetings also gives City staff time to digest and reflect on the information generated. RCS uses only company principals with more than 20-plus years of experience to conduct these meetings, which makes the process quicker and the results more accurate. Our process provides the City with well-documented and defensible service costs that will be used to develop fees that comply with Propositions 4, 218 and 26.
Attachment A
95 Proposal for Cost Allocation Plan and Comprehensive Fee Study
We also identify 100% of the staff time on 100% of the services they provide. This gives City staff a complete perspective on their time allocations instead of merely looking at time allocations for individua l services in a vacuum. These methods will ensure that City staff feels confident about the data and, therefore, confident in supporting the results in public hearings.
The other key result of identifying 100% of City services is that we are identifying not only the cost of fee services, but of community-supported services, such as police, street and park maintenance services. This allows us to have a real discussion with real numbers with the City Council about tax subsidy policy. Since we are identify ing the full costs of fee services, we are also identifying the current subsidy of general tax dollars for these services.
Therefore, we can show the City Council how much fee services are subsidized at the expense of community-supported services. Does the City want to continue to use precious tax dollars to support, for instance, a bathroom remodel and permitting inspection that only benefits a particular property owner or use those tax dollars on things that can only be supported by tax dollars, like police patrol and park maintenance? They will now have that information to be able to make that conscious choice.
Changing the discussion from fee increases to tax subsidy policy along with RCS’ experience in successfully presenting the results of similar studies to City Councils ensures that the City will be able to meet its policy objectives.
A comprehensive fee study by RCS will do more than update the City’s current fees. We take a deep dive into each and every fee, discussing its purpose, structure, legal defensibility, payment collection effectiveness, and value to the community. Based on our 42 years of experience, we are comfortable recommending the restructuring, addition and removal of fees to make it better for the City.
RCS’ Comprehensive Fee Study will do the Following
96 Proposal for Cost Allocation Plan and Comprehensive Fee Study
In addition to user fees, this Study will allow Hercules to update your rents/permit to use fees and fines/bails. RCS’ Proposal will perform all project tasks listed in the City’s Request for Proposal. The task descriptions below further explain the steps and timeline of RCS’ fee study. The project tasks in the City’s RF P shall prevail should there be conflicting language with RCS’ proposal.
Project Kick-Off
Task 1: Obtain Budget & Personnel Data
RCS will review and prepare necessary files for the project. This includes obtaining and reviewing prior user fee reports and fee schedules, line -item budget details, salary schedules, MOUs and fringe benefit details.
Task 2: Kick-off Meeting
RCS will conduct a Citywide meeting, explaining the operationa l methodology of the study and the role of staff. We will review any possible issues that may arise as well as answer any questions from staff about the process. This meeting is crucial for the process as we want to ensure that everyone understands the va rious steps in the process and what is expected of them.
Full Cost Allocation Plan
Task 1: Identify Central Services and Allocate Staff Time RCS will meet with various departments to identify and review central services and allocate staff time and costs for those services. Examples of central services include payroll, risk management, and facility maintenance. City staff time involved in the meetings is typically one hour per central service department.
Task 2: Develop Allocation Factors
RCS will meet with City staff to develop the allocation factors for each central service identified in the above task . These factors will form the basis for determining fully burdened hourly rates and allocating central service costs. This meeting will be concurrent with the time allocation meeting. Though City staff involvement in data gathering is a function of the availability of the required information, RCS will develop allocation factors that are easily reproducible from year to year but still equitably allocate central service costs.
RCS will calculate allocations to the functional centers and review the results with the managers of the various central service departments. City staff time to review the results of the allocations will be less than 1 hour per department. 97 Proposal for Cost Allocation Plan and Comprehensive Fee Study
Task 3: Initial Calculation Review
RCS will prepare a Draft Cost Allocation Plan Report with allocations to end user departments using our 20 -step allocation model. RCS will review this Draft Report with the City , making any necessary adjustments to ensure that costs are allocated properly.
Task 4: Prepare Final Cost Allocation Plan
RCS will then prepare a Final Report with allocations to end user departments. These results will be used for the general overhead component of the Fee Study and can also be used to determine the amounts for transfers to the General Fund for support provided to other f unds. RCS will consult with City Staff as necessary to defend the cost allocation plan in the event of audits or other challenges.
Federal Cost Allocation Plan
Task 1: Prepare CFR Part 225 Compliant Cost Allocation Plan In addition to a full -cost plan, RCS will perform an OMB Compliant Cost Allocation Plan. The Office of Management and Budget (OMB) 2 Code of Federal Regulations (CFR) Part 225 Compliant Cost Allocation Plan is required to be based on audited actual expenditures. RCS will use the FY 2020-21 audited expenditures once the audit process is complete. For the time allocations to the various central services the OMB Circular requires verifiable time allocations. Therefore, RCS will work with City staff to determine the level of time detail that e xists. Most likely this will require time allocations at the divisional level. The end result will be a Cost Plan with appropriate overhead rates for each department and division so that staff may be charged to federal grant programs.
Task 2: Assist staff in reporting
RCS will then work with City staff on submitting the Cost Plan to the relevant agencies and work with those agencies until the Cost Plan is approved.
User Fee Study
Task 1: Review the Service List with Staff
RCS will review the service list through meetings with each department . We will acknowledge fees that are properly structured, introduce new fees for services currently provided without a charge, discuss deletion of fees no longer valid, and consider any changes to any fee structure and calculation methods. The end result, whichever method is used, will be a fee structure that best fits the City going forward.
While this list will change during the course of the Study as it is refined, it will be the 98 Proposal for Cost Allocation Plan and Comprehensive Fee Study
initial basis from where we start. City staff time for this review will be approximately 1 hour per department.
Task 2: Develop Staff Time Allocations
RCS will interview personnel providing end -user services to ensure that costs from all functional areas dir ectly involved with a service are included in the cost of that service. This component will form the bulk of the time spent by staff. There will be two to four meetings with supervisory level staff in each functional area to create and verify the amount of time spent by staff on the services identified in the task above.
Total time commitment per department varies from 2 -10 hours, through a series of working meetings.
We do not ask City staff to do our job by filling out forms detailing how they spend their time. This interactive process, and the fact that we allocate 100% of all departmental staff, ensures that the information being generated is valid and reliable.
A sample Time Detail Report is included in this proposal.
Task 3: Develop Fully Allocated Hourly Rates
RCS will develop a fully allocated hourly rate for each departmental employee, including salaries and benefits, miscellaneous operating services and supply costs, citywide overhead and departmental overhead. This fully burdened rate is needed to calculate the full cost of each fee service.
Task 4: Calculate Fee Cost Recovery
All the information from tasks 1 -3 above are entered into our costing software and calculated. The calculation will present us with the current fee for each service, th e full cost for each service, and the subsidy level that the City is absorbing. Since we gathered the number of times the fee service occurs per year, we can identify the per- item as well as per-year fiscal impact.
Task 5: Prepare Draft Report
RCS will prepare a Draft Report that identifies the total costs for each service, along with current fees, and makes fee recommendations for each service presented as well potential new fees for services the City provides but does not charge for. Service costs will be compared with existing recovery levels. RCS will review this report with the departments so that each will have input on the fees presented in the Final Report.
City staff time would be approximately 1 -2 hours per department for those departments that have fee services.
99 Proposal for Cost Allocation Plan and Comprehensive Fee Study
Task 6: Prepare Final Report
Based on staff input, RCS will prepare a Final Report, which will have recommendations for new fees , subsidy percentages and revenue projections from those fees. The Report will include text and summary tables that will clearly explain the results and the context. All recommended fees will comply with Propositions 4, 218, 26 and any other applicable laws.
Hardcopies and editable electronic copies will be provided to the City. All documents developed during the Study will be provided, including the final comprehensive review, final report along with associated models, tables, graphs, related schedules, cost documentation as well as all related sup porting documents, including records and professional time spent. RCS will consult with staff as needed to defend the fee study in the event of audits or other challenges.
Task 7: Present Report to the City Council
RCS will assist City staff and the City Council in the review and adoption of revised user fees and subsidy percentages. RCS will assist City staff in the implementation of the revised user fees.
DEVELOPMENT IMPACT FEE STUDY
To make certain the City of Hercules continues to provide basic municipal services as the City grows, RCS proposes to undertake the calculation and textual support of a new Development Impact Fee Calculation and Nexus Report. RCS staff will perform the following to complete the Development Impact Fee (DIF) calculation and quantify the costs generated by new development in terms of an Impact Fee Schedule for city land uses.
Based on RCS’ preliminary review of the reports and documentations available with the City, we propose considering Development Impact Fees for the following infrastructures.
1. Law Enforcement Facilities, Vehicles and Equipment
2. Storm Drainage Collection System
3. Public Use Facilities (community, senior, teen centers, et. al.),
4. Park Land Acquisition, Open Space and Park Improvements
5. Library Space and Collection Items
6. General Facilities (City Hall and City Maintenance Yard)
RCS has the experience and determination to research and identify the maximum financial impact from future developments in Hercules. With this information, staff can realize what the best funding and implementation policies are for the City.
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Proposal for Cost Allocation Plan and Comprehensive Fee Study
We plan to use a series of direct, focused meetings between RCS experts and knowledgeable City staff to produce a final product that is accurate, logical and defensible. RCS' objective is to ensure that City staff feels confident about the data and the report, therefore confident in supporting the results at public hearings.
The fee recommendations included in RCS' final Development Impact Fee Calculation and Nexus Report will be legally defensible, easy to understand and supported by City staff. Our experience as local government finance officers and impact fee consultants makes certain this project will be completed successfully on time.
To provide the basis for the Development Impact Fees, the following steps would be taken by the Revenue & Cost Specialist staff, working with City staff and other consultants where necessary and appropriate:
Task 1: Preliminary Research
Prior to any meetings , RCS will perform a field "windshield" survey to become acquainted with the physical characteristics and general improvement needs and standards of the City. We will request and review all City maps, land -use documents and available master plans, especial ly the Comprehensive General Plan , before the kick-off meeting. We will review the City's history of impact fee schedules, resolutions, ordinances, and Annual and Five -Year Reports per Government Code Sections 66006 and 66001. RCS will review recent Operat ing Budgets, CIP Budgets, Comprehensive Annual Financial Reports and fixed asset reports
RCS will meet and discuss the City’s planning, capital financing process and community development standards with the City Engineer, City Planner, and other executive staff to determine the improvements that most likely will evolve from the project planning documents and be needed to support and give validity to the City's Comprehensive General Plan.
Task 2: Series of Working Meetings
RCS will meet with City staff responsible for each infrastructure to help identify all projects needed through theoretical build -out via use of master plans, specific plans and other service requirement studies. The more supporting documents we can find, the better the Study will be. The greatest support would be an engineer -prepared Master Plan. If such a document is not available, RCS will endeavor to increase the validity of available information. RCS will request from the City all reports, master plans, specific plans and other related reports identifying needed infrastructure. If needed, RCS can assist the City with developing project lists and supporting data. RCS will review project cost estimates and textual explanations for accuracy and completeness.
101
Proposal for Cost Allocation Plan and Comprehensive Fee Study
RCS will identify and analyze the demand drivers specific to each infrastructure or service area. The drivers are the factors of nexus demand related to each land use and would be based upon the project plans or City productivity records. These demand drivers will help determine the distribution of the benefits of, nexus for and impact of each group of projects on each of the above categories of land use. The proportional analysis necessary to identify what burdens would be placed upon the existing and future infrastructure would be undertaken.
Task 3: Draft Development Impact Fee Calculation and Nexus Report Since the Report is based on information and estimates provided by City staff, it is important that all participants are comfortable with the methodology and data presented. RCS will prepare a draft report consisting of the fee structures and the necessary relevant nexus text and report with recommended fees. This meeting will include discussions on policy issues, implemen tation strategies and revenue collection procedures. RCS will provide the draft report for staff consideration and distribution.
Task 4: Presentation of Proposed Development Impact Fee Calculation and Nexus Report to the City Council
RCS will a ttend the City Council meeting to discuss the report methodology and present findings, providing a formal presentation and answering questions about those findings . RCS will have the necessary supporting documentation for the meeting and will be the primary contact to answer all questions, following up with any City Council direction with the assistance of City staff.
CLIENT INPUT
RCS will make every effort to advise, seek input from and, in general, explain the work as it is being performed. For a project to be completed successfully, we depend on dedicated and engaged staff participation. Most of the staff participation is to attend working meetings with RCS. There will be no “homework” to be completed and returned to us.
The City should also designate a Project Coordinator for the fee study who will:
1) Identify key City staff and coordinate the kick-off meeting(s) 2) Assist in obtaining requested information
3) Coordinate the review of draft reports, and
4) Provide project direction if needed
102
Proposal for Cost Allocation Plan and Comprehensive Fee Study
PROJECT SCHEDULE
RCS’ references will attest that out timelines are ideal for fee studies. RCS suggest starting the project in September 2022, completing and presenting the User Fee Study to the City Council in January 2023, and presenting the Impact Fee Study to the City Council in March 2023. The process may be completed faster, however our experience is that working meetings in November and December take longer to coordinate.
Phasing the Development Impact Fee af ter the User Fee allows staff and RCS to focus on what’s important. Wait for the facilities master plan to be completed could also benefit the City.
This schedule, of course, will require the cooperative participation of City staff . We will be having mee ting with staff every two to three weeks and providing them with updates.
Department meetings will be 30 minutes to two hours each.
CAP & User Fee Study Sep
2022
Oct
2022
Nov
2022
Dec
2022
Jan
2023
Feb
2023
Mar
2023
Kick-Off Meeting
Obtain Budget & Personnel Data
Review of Central Services/Time
Review Allocation Factors
Prepare Draff and Final CAP
Review Service Fee List
Review Staff Time Allocations
Develop Fully Alloc. Hourly Rates
Review Draft Report with Staff
Prepare Final Report
Present User Fee Study to Council
Development Impact Fee Study Sep
2022
Oct
2022
Nov
2022
Dec
2022
Jan
2023
Feb
2023
Mar
2023
Land-use Database Compilation
Determine Infrastructure LOS
Discuss Desired Projects w. Staff
Review Project Costs & Descriptions
Review Demand Drivers (Nexus)
Apply Nexus Distribution Factors
Review Draft DIF Report with Staff
Prepare Final DIF Report
Present DIF Study to Council
103
Proposal for Cost Allocation Plan and Comprehensive Fee Study
ONSITE MEETINGS AND VIDEO CONFERENCING MEETINGS
For the project kick-off and working meetings on the same day, the City may choose to have RCS onsite or conduct the meetings through a video conferencing account.
All working meetings will be through our Zoom account or a video conferencing software of the City’s choice. Our experience has determined video conferencing is more flexible in scheduling meetings, lets City staff quickly access reports and files on their computers, and allowing everyone to view and discuss the same documents at the same time.
RCS plans to participate in the City Council meetings onsite at the City of Hercules. 104
Professional Services Agreement
City Attorney Approved, 112717
Agreement No. < >
Payment
Attachment B
PAYMENT
105
FEE PROPOSAL
RCS proposes the following project costs, with a NOT TO EXCEED AMOUNT OF $ 75,400.
The not to exceed amount includes a $4,000 travel budget for actual travel expenses.
Task Milestones/Deliverables Hours Total Cost
Cost Allocation Plan (Full & Federal)
Kick-Off Meeting Informational Meeting 8 1,400
Build Budget and Positions Schedule of Positions and Budget 16 2,800 Review Central Services/Times List of Central Services 8 1,400 Develop Allocation Factors Index of Allocation Factors 16 2,800 Initial Calculation Review Draft Cost Allocation Plan 16 2,800 Prepare Final Cost Allocation Plan Final Cost Allocation Plan 8 1,400 Total Cost Allocation Plan 72 $12,600
User Fee Study
Develop Service List Preliminary Service List 16 2,800
Develop Staff Time Allocations Time Detail Reports 60 10,500 Develop Fully Alloc. Hourly Rates Fully Alloc. Hourly Rate Reports 16 2,800 Prepare Draft Report Draft Fee Study Report 24 4,200
Prepare Final Report Final Report 16 2,800
Public Meetings Presentations (2) 16 2,800
Total User Fee Study 148 $25,900
Development Impact Fee Study
Preliminary Research 24 4,200
Identify Land-Use Build Out Land Use Database 16 2,800
Identify Current/Future Needs Schedule of Capital Costs 28 4,900 Mathematical Nexus Calculation Spreadsheets of Calculations 48 8,400 Textual Nexus Draft & Final DIF Reports 56 9,800
Public Meetings Presentations (2) 16 2,800
Total Impact Fee Study 188 $32,900
Reimbursible Travel Budget $4,000
TOTAL PROJECT COST 408 $75,400
The above costs are based on a charge of $175 per hour. The billing rate for any additional work not covered by this proposal would be $195 per hour. Our proposal covers all costs except for the following additional costs that the City may incur:
Attachment B
106
• Insurance coverage beyond our basic general liabil ity and workers compensation requiring an additional premium. RCS standard coverage includes workers compensation pursuant to state law, comprehensive liability Insurance with a combined single limit coverage of $2,000,000 and professional liability insura nce with a combined coverage of $2,000,000.
• Report reproduction beyond the number of copies identified in the RFP. • Excessive public meeting attendance.
RCS will submit four equal invoices for the Cost Allocation Plan and Comprehensive User Fee Study and four equal invoices for the Development Impact Fee Study, plus any miscellaneous costs from the previous paragraph. The first invoice will be submitted ten days after the start of each. Invoices will be due within 30 days of submission. 107
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Christopher Roke, Parks & Recreation Director Michael Roberts, Public Works Director/City Engineer
SUBJECT: Award of a Sole Source Construction Contract to Ross Recreation Equipment to Furnish and Install an All Abilities Swing in Refugio Park in the Amount of $86,727, and up to a 10% Contingency of $8,673 for a not to exceed Total Contract Amount of $95,400
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute a sole source contract with Ross Recreation Equipment to furnish and install a We-Go-Swing, a swing for people with disabilities, in Refugio Park in the amount of $86,727, and up to a 10% contingency of $8,673 for a not to exceed total contract amount of $95,400.
FISCAL IMPACT OF RECOMMENDATION:
The not to exceed contract amount of $95,400 is within the $100,000 included in the Adopted FY 2022-2023 Budget for this project.
While all planned work is included in the contract amount of $86,727, the 10% contingency of $8,673 is recommended given the swing will be installed in an irrigated turf area adjacent to the existing play structure at the south end of Refugio Park. Unanticipated work may be needed to modify the irrigation lines, relocate spray heads, or make minor modifications to the play structure surfacing which is providing access to the swing.
DISCUSSION:
During the FY 2021-2022 budget process, the City Council approved Budget Referral #22-2 for the installation of an all-abilities swing to make the Hercules’ park system truly inclusive to all users.
Since that time, staff has been researching swings and visiting parks that have adaptive swings to find the best all-abilities swing for Hercules. When staff came across the “We Go” swing by Landscape Structures, they believed it was the right choice for Hercules.
The We Go swing allows multiple wheelchairs, as well as able bodies, to all swing at the same time.
The swing is self-powered by those on the swing. Jill Moore, an Inclusive Play Specialist, reviewed 108
the We Go swing, and had the following to say about it... “this swing allows us to be a part of play.” Until the We Go swing, the adaptive swings required someone to lift and place someone on the swing.
And then someone still needed to push. With the We Go, you power the swing with your arms, and multiple people can be on the swing at the same time.
The We Go is the first of its kind and one of a kind. There are only a few of them installed in northern California. Staff took a trip to Vacaville to visit an entire playground being built with one purpose - a “Play 4 All” – which is the nearest destination that included a We Go swing.
Given that there is no other comparable swing to the We Go, and Ross Recreation is the exclusive distributor, staff recommends entering a sole source contract with Ross Recreation to purchase and install the We GO swing . Ross Recreation is an installer for Landscape Structures and installs equipment all around the Bay Area. Entering into an agreement with Ross Recreation would result in an anticipated completion date of approximately March 2023. Provided below are several links featuring the We Go swing, and how it can be truly used by all abilities.
https://www.youtube.com/watch?v=hAE19rI0VO0
https://www.youtube.com/watch?v=V8ro6-Du1vA
ATTACHMENTS:
1. Resolution
2. Sole Source Form
3. Location Map
4. Scope of Work
Financial Impact
Description: Expenditure amount not to exceed $95,400.
Funding Source:
General Fund $95,400
Total Expenditures $95,400
Budget Recap:
Total Estimated cost: $95,400 New Revenue: $
Amount Budgeted: $95,400 Lost Revenue: $
New funding required: New Personnel: $
Council Policy Change: Yes No
109
HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE
CITY MANAGER TO EXECUTE A SOLE SOURCE CONTRACT WITH ROSS RECREATION
EQUIPMENT TO FURNISH AND INSTALL A WE -GO-SWING, A SWING FOR PEOPLE WITH DISABILITIES, IN REFUGIO PARK IN THE AMOUNT OF $86,727, AND UP TO A 10% CONTINGENCY OF $8,673 FOR A NOT TO EXCEED TOTAL CONTRACT AMOUNT OF $95,400
WHEREAS, the Hercules City Council approved Budget Referral #22 -2 for the installation of an all-abilities swing to make the Hercules’ park system truly inclusive to all users; and
WHEREAS, The We Go swing is the first of its kind and one of a kind , as it allows multiple wheelchairs, as well as able bodies, to all swing at the same time and is self-powered by those on the swing; and
WHEREAS, Ross Recreation is the exclusive distributor of We Go swings; and
WHEREAS, the project is fully funded in the FY 2022-23 Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby authorizes the City Manager to execute a sole source contract with Ross Recreation Equipment to furnish and install a We-Go-Swing, a swing for people with disabilities, in Refugio Park in the amount of $86,727, and up to a 10% contingency of $8,673 for a not to exceed total contract amount of $95,400
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 11th day of October, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges
City Clerk
110
CITY OF HERCULES
SOLE SOURCE/BRAND REQUEST
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY SOLE SOURCE PURCHASE
When a request is made for a non-competitive purchase of goods or services and the specification or special circumstances limit the bidding to one source and/or one brand or trade name, the requesting department must complete the this form for City Manager approval . Please answer in the space provided, or in an attachment address by specific reference, each question listed below (1-5) in your justification. Be sure to answer each part of each question. Failure to respond fully to any of the questions could result in delay or rejection of your request due to inadequate justification.
1. Using appropriate detail, such as brand name, model number etc., briefly describe the product you wish to purchase. In the case of a service use enough detail to clearly describe to someone not familiar with the process what you are purchasing.
We-Go-Swing with 1 Accessible Bay DB Only, product number 277778A, from Landscape Structures Inc. to be installed by Ross Recreation, the exclusive distributor.
2. Please check one:
a. ___ SOLE SOURCE: Item is available from one source only. Item is one-of-a kind and is not sold through distributors. Manufacturer is exclusive distributor. Special circumstances merit consideration of sole source to save money and/or time.
b. ___ SOLE BRAND: Various sources can supply the specified model and brand; competitive bids will be solicited for the requ ested brand only. Meets form, fit and function - nothing else will do.
c. ____ STANDARDIZATION REQUEST: The Department requires the item to standardize parts, design, quality etc. (This requires a detailed memo with analysis and justification.)
3. What are the unique performance features of the product, brand or service requested that are not available in any other product, brand or service? (For services: What unique qualifications, rights, and/or licenses does this vendor possess?)
The We-Go-Swing is the first of its kind. It is a swing that allows for multiple wheel chairs to roll on to a platform and swing. The swing is propelled by the swing user, and those on the swing do not need to be pushed.
4. (a) Why are the unique performance feat ures REQUIRED (not m erely preferred), and how would your requirement be inhibited without this particular service/item? OR (b) What are the unique circumstances that COMPEL (not merely make easier) the recommendation of this
111
Sole Source Form Page 2
service/item at this particular time?
This swing allows for those with disabilities to be a part of play. Where other swings require the assistance of others.
5. What other products/services have been examined and rejected, and why? (Please provide a specific meaningful explanation, one vendor one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, and telephone number of the company representative who’s product you tested.)
Adaptive swings were the only other alternative but have limitations. Participants have to be lifted and buckled in. The We-Go Swing, allows anyone of any ability to walk or roll on to the platform and start swinging.
6. If justification is based on matching and/or intermixing with existing equipment (refer to 1.c.), list the quantity, manufa cturer, brand, and model of the existing equipment, and why the matching is required not simply preferred.
N/A
I HEREBY CERTIFY THAT:
1. I am an approved department repr esentative, and am a ware of the Ci ty's requirements for competitive bidding, as well as the criteria for justification for sole source/brand purchasing.
2. I have gathered the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.
3. The information contained herein justifying my request for sole source/brand purchasing and is valid in regard to meeting the City's criteria.
4. I believe that a sole source/brand purchase in this case would w ithstand a possible audit or a vendor's protest.
REQUESTOR: Christopher Roke DATE: 9/28/22
DEPT. HEAD/ DIRECTOR: DATE: 9/28/22
FINANCE DIRECTOR:
APPROVED:
NOT APPROVED: DATE: ___/___/___
COMMENTS:
112
Sole Source Form Page 3
BY: ________________________________________
FINAL APPROVAL DATE:__/__/__
______________________________ ______________________________ City Manager City Council
(Up To $50,000.00) (Over $50,000.00)
113
Sole Source Form Page 4
SOLE SOURCE/BRAND REQUEST
B. PROCEDURE
Sole source/brand purchasing is an exception to the normal procurement function and requires a detailed justification.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your requisition. Your request will then be restrictive and non -competitive, and will fall into a sole source/sole brand category.
Such a request should not be made unless you are confident that your request is reasona ble and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Please make copies of the Sole Source/Brand Request form for your future use.
The following factors DO NOT apply to sole source/brand requests and should not be included in your sole source/ brand justification. They will not be considered and only tend to c onfuse the evaluation process.
1. Personal preference for product or vendor.
2. Vendor performance, and local service (th ese are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements.
4. Explanation for the actual need and basic use for the equipment, unless the information relates to a request for “unique factors” (refer to questions 2 and 3 from the Sole Source/Brand Request form).
5. A request for “ no substitution” submitted without justification. This is a sole source/ brand request requiring detailed justification including established sole source/brand criteria.
114
/0/i255 /2 /3 /2 /2 /i255/4/5/6 /5 /7 /8 /9 /i255/10/8/11 /i255 /12 /13 /14 /15 /16 /17 /7 /18 /19 /i255 /20 /9 /9 /i255 /13 /5 /6 /21 /7 /18 /i255 /13 /22 /18 /22 /13 /23/22 /15 /19 /2 /3 /3 /i255 /24 /22 /22 /7
LOCATION MAP: WE GO SWING SET
115
SAFETY NOTE
Choose a protective surfacing material that
has a Critical Height Value of at least the
height of the Highest Accessible Part/Fall
Height of the adjacent equipment. (Ref.
ASTM F1487.)
601 7th Street South, Delano, Minnesota 55328-8605 888-574-4678 LSI Install Help 888-438-6574 LSI Direct 763-972-5200 Int. FAX (763) 972-3185 © 2022 by Landscape Structures. All rights reserved
Freestanding Play Page 1
Document #29996100
We-Go-Swing™ 277778
Finished Grade
10”
(254)
115”
(2921)
116
SAFETY NOTE
Choose a protective surfacing material that
has a Critical Height Value of at least the
height of the Highest Accessible Part/Fall
Height of the adjacent equipment. (Ref.
ASTM F1487.)
601 7th Street South, Delano, Minnesota 55328-8605 888-574-4678 LSI Install Help 888-438-6574 LSI Direct 763-972-5200 Int. FAX (763) 972-3185 © 2022 by Landscape Structures. All rights reserved
Freestanding Play Page 2
Document #29996100
We-Go-Swing™ 277778
MM
Walkway
Outside Perimeter of Play Area
SITE LAYOUT
Use zone for a We-Go-Swing
within the Play Area
Use zone for a We-Go-Swing
attached to the perimeter.
Unitary Surfacing is required
over all concrete surfaces10”
(254)
10”
(254)
26’ 9”
(8,15 m)
26’ 1”
(7,95 m)
20’ 9”
(6,32 m)
26’ 1”
(7,95 m)
Unitary Surfacing is required
over all concrete surfaces
Dimension from face of
slab concrete to face of
sidewalk concrete
(52”)
117
SAFETY NOTE
Choose a protective surfacing material that
has a Critical Height Value of at least the
height of the Highest Accessible Part/Fall
Height of the adjacent equipment. (Ref.
ASTM F1487.)
601 7th Street South, Delano, Minnesota 55328-8605 888-574-4678 LSI Install Help 888-438-6574 LSI Direct 763-972-5200 Int. FAX (763) 972-3185 © 2022 by Landscape Structures. All rights reserved
Freestanding Play Page 3
Document #29996100
We-Go-Swing™ 277778
Concrete
Subgrade
Finished Grade
Loose Fill
Surfacing
LOOSE FILL SURFACING CHART
Concrete
Unitary Surfacing
(52”)
Dimension from face of
slab concrete to face of
sidewalk concrete
118
SAFETY NOTE
Choose a protective surfacing material that
has a Critical Height Value of at least the
height of the Highest Accessible Part/Fall
Height of the adjacent equipment. (Ref.
ASTM F1487.)
601 7th Street South, Delano, Minnesota 55328-8605 888-574-4678 LSI Install Help 888-438-6574 LSI Direct 763-972-5200 Int. FAX (763) 972-3185 © 2022 by Landscape Structures. All rights reserved
Freestanding Play Page 4
Document #29996100
We-Go-Swing™ 277778
UNITARY SURFACING CHART
Subgrade
10”
(254) Finished Grade
Unitary
Surfacing
Compacted
aggregate
Concrete
Unitary Surfacing
(52”)
Dimension from face of
slab concrete to face of
sidewalk concrete
119
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lauren Berges, City Clerk
SUBJECT: Cancellation of November 8, 2022 Regular City Council Meeting and Scheduling a Special City Council Meeting
RECOMMENDED ACTION: It is recommended that the City Council adopt a motion to cancel the regular City Council meeting of November 8, 2022 and schedule a special City Council meeting in its place.
FISCAL IMPACT OF RECOMMENDATION: Not Applicable.
BACKGROUND: At the regular City Council meeting on September 27, 2022, Councilmember Romero requested that the regular meeting scheduled for November 8, 2022 be rescheduled to accommodate the November 8, 2022 General Election. Councilmembers Kelley, Romero, Vice Mayor Walker-Griffin, and Mayor Bailey unanimously agreed to bring the request back to Council for discussion prior to November. Councilmember Grimsley was not present.
DISCUSSION: The City Council generally meets on the 2 nd and 4 th Tuesday of each month.
Although not required by state open meeting laws, it is the usual practice for the Council to take action when its meeting schedule is modified in order to provide ample notice to the public of the changed meeting date. Due to the s cheduling conflict, the Council will consider cancelling the November 8th, 2022 regular City Council meeting and schedule a special meeting for November in its place.
ATTACHMENTS:
None.
120