Wednesday, November 9, 2022
5:30 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
SPECIAL MEETING In-person in Council Chambers or
Zoom ID:881 6006 4242
Zoom Phone Number: 1-669-444-9171
Zoom Passcode: 461565
November 9, 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 - 5:30 P.M. CALL TO ORDER - ROLL CALL II. PUBLIC COMMUNICATION - SPECIAL MEETING ITEMS
III. COMMISSION INTERVIEWS
1. 22-348 Commission Interviews
Recommendation: Conduct interviews for eligible candidates which have applied for Hercules Commissions and Committees.
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL V. REPORT ON ACTION TAKEN IN CLOSED SESSION - NONE
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-340 Vietnam Memorial Anniversary Proclamation
Vietnam Memorial Proclamation Nov 2022Attachments:
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.
If attending in-person, please fill out a speaker card and provide to the City Clerk. The public may log into the Zoom meeting (refer to agenda cover for Zoom login information) and provide their public comment. 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
November 9, 2022City Council Meeting Agenda
XII. CONSENT CALENDAR
1. 22-344 Meeting Minutes of October 25, 2022
Meeting Minutes October 25, 2022Attachments:
2. 22-338 Accept the Investment Report for the Quarter Ending September 30, 2022
Recommendation: Accept the investment report for the quarter ending September 30, 2022
Staff Report - Investment Quaterly Report Ending 9-30-2022 Attach 1 - Quarterly Investment Report
Attachments:
3. 22-341 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:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-347 Commission and Committee Appointments
Recommendation: Review all eligible candidates which have applied for Hercules Boards and Commissions. City Council will make their selection and appointments directly following the special meeting interview process.
Staff Report - Commission Appointments 110922Attachments:
2. 22-337 Memorandum Of Understanding with Participating Contra Costa Agencies to Complete a Feasibility Study for Expanded Ferry Service including the Hercules Hub at a Participating Cost of $40,000 in Measure J Funding
Recommendation: Approve a Memorandum Of Understanding (MOU) with the Cities of Antioch, Martinez, and Pittsburg, Contra Costa County, Eastern Contra Costa Transit Authority, and the Contra Costa Transportation Authority to advance planning and studies to evaluate the feasibility of expanded ferry service in Contra Costa County including the Hercules Hub at a participating cost of $40,000 in Measure J Funding.
Staff Report - Contra Cost Ferry Expansion MOU
Attach 1 - Contra Costa Ferry Expansion MOU Reso
Attach 2 - Ferry Expansion MOU
Presentation - Ferry Study MOU PC 2022-11-9_Hercules
Attachments:
November 9, 2022City Council Meeting Agenda
3. 22-339 Agreement with the John Muir Land Trust for the Evaluation of the Refugio Creek Conservation Easement and Appropriation of $50K in Public Benefit Fees to fund Related Activities
Recommendation: The City Council approve an agreement for the John Muir Land Trust (JMLT) to undertake evaluation activities prior to accepting the transfer of the Refugio Creek Conservation Easement and associated Mitigation Obligation for the Hercules Hub; and, appropriate $50K in Public Benefit Fees to fund said activities.
Staff Report - Conservation Easement Agreement
Resolution - Conservation Easement Agreement
Attach 1A - Refugio Conservation Easement Description
Attach 1B - Refugio Conservation Easement Map
Attach 2 - FINAL JMLT Services Agreement_10-26-2022
Attachments:
4. 22-345 Solid Waste Collection Franchise Agreement - Preliminary Recommendation to Adjust Republic Services Rate +3.52% for 2023 Recommendation: Receive the Public Works Director’s report and recommended order following his November 8, 2022 Public Hearing regarding Republic Services’ preliminary recommended base year rate adjustment of +3.52% effective January 1, 2023.
Staff Report - Solid Waste Rate Adjustment 10-26-2022Attachments:
5. 22-343 Pipeline Agreement with Union Pacific including a $174,600 License Fee for the Sycamore Avenue Sewer Trunk Replacement Project Recommendation: Approve a Crossing and Longitudinal Pipeline Agreement with Union Pacific (UP) including a $174,600 license fee for the Sycamore Avenue Sewer Replacement Project and authorize the City Manager to sign the Agreement on behalf of the City Council.
Staff Report - UP Pipeline Agreement
Resolution - UP Pipeline Agreement
Attach 1 - Location Map - Sewer Trunk Main Crossing_
Attach 2 - UP Pipeline Agreement
Attachments:
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.
November 9, 2022City Council Meeting Agenda
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, December 13, 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: November 3, 2022)
November 9, 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.
November 9, 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.
November 9, 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.