Hercules City Council
February 28, 2023

Tuesday, February 28, 2023
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, Acting City Clerk
Meeting Agenda
In-Person in Council Chambers or
Zoom ID: 840 0477 0714
Zoom Passcode: 399795
Zoom Phone Number: 1-669-444-9171
1 February 28, 2023City 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. CLOSED SESSION – CALL TO ORDER - ROLL CALL

NO CLOSED SESSION
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

NO CLOSED SESSION
IV. REGULAR MEETING – RECONVENE TO OPEN SESSION- ROLL CALL [7:00 P.M] V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION

NO CLOSED SESSION
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449.

VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
IX. AGENDA ADDITIONS/DELETIONS

2 February 28, 2023City Council Meeting Agenda
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

XI. PUBLIC HEARINGS-NONE
XII. CONSENT CALENDAR

1. 22-470
Meeting Minutes for the Regular Meeting on February 14th, 2023 Meeting Minutes for the Regular Meeting on February 14th, 2023Attachments:

2. 22-464 Lot Line Adjustment 22-02 for Sycamore Crossing for Lots 1 and 2 of Parcel Map MS 476-97 (APNs 404-020-094 & 404-020-095)
Recommendation: Adopt a Resolution approving Lot Line Adjustment 22-02 for Sycamore Crossing to facilitate development of the approved hotel
Staff Report- Sycamore Crossing Hotel LLA 22-02
Attach 1- Resolution -Sycamore Crossing Hotel LLA 22-02 Attach 2 - Legal Description
Attach 3 - LLA Mapping Exhibit
Attachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-465 Sycamore Crossing Developer Update
Recommendation: Receive a report from project developers on project development and ask any questions.

Staff Report- Sycamore Crossing Developer Update
Presentation-Sycamore Crossing
Attachments:

3 February 28, 2023City Council Meeting Agenda

2. 22-467 Continuation of Yiftee Digital Gift Card Program Recommendation:

Staff recommends that the City Council adopt a
resolution approving the first amendment to the Yiftee Digital Gift Card program to add an additional $75,000
Adopt a resolution approving a Budget Amendment to increase the budget by $75,000 for this contract funded by American Rescue Plan Act (ARPA) fund.

Staff Report-Yiftee Gift Card Program
Attach 1 - Resolution
Attach 2 - First Amendment to the Original Agreement
Attach 3 - Original Agreement
Attachments:

3. 22-466 Update on the City of Hercules Public Works Department Recommendation: Receive an update on the City of Hercules Public Works Department
Staff Report- Public Works Council Update
Presentation- Public Works Updates
Attachments:

XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.

1. Regional Committees

2. City Council Committees and Subcommittees

3. Commission Liaisons

4 February 28, 2023City Council Meeting Agenda
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, March 14, 2023 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 e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8208 (Posted: February 23, 2023)

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.

5 February 28, 2023City Council Meeting Agenda
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) 799-8208 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez City Clerk at [email protected] or by calling (510) 799-8208.

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.

6 February 28, 2023City 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.

7 February 28, 2023City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: 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 510-799-8208 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, 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.

8 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, Acting City Clerk
7:00 PMTuesday, February 14, 2023
In Person in Council Chamber or
Zoom ID: 819 7875 1779
Zoom Passcode: 559396
Zoom Phone Number: 1-669-900-6833
I. CLOSED SESSION- CALL TO ORDER - ROLL CALL
NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

IV. REGULAR MEETING – CALL TO ORDER - ROLL CALL [7:00 P.M.] Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Present: 5 -
V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION-
NONE
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER

TO PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT OF AB2449
VI. PLEDGE OF ALLEGIANCE
Pledge of Allegiance was lead by Council Member Grimsley.

9 February 14, 2023City Council Meeting Minutes
VII. MOMENT OF SILENCE
A moment of silence was held for the earthquake victims in Turkey as well as for the shooting victims on the Michigan State University Campus.

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 22-450 BLACK AND AFRICAN AMERICAN HISTORY MONTH PROCLAMATION Black and African American History Month ProclamationAttachments:

Mayor Walker-Griffin presented the Proclamation for Black and African American History Month. The Council provided comment. Community Member Marna Anning spoke and accepted the proclamation. Pictures were taken.

2. 22-449

POLICE OFFICER OF THE YEAR PROCLAMATION
Proclamation - Police Officer of the YearAttachments:

Mayor Walker-Griffin presented the Police Officer of the Year Proclamation to Officer Karson Kauffroath. Chief Joeseph Vasquez spoke and introduced Officer Kauffroath. Officer Kauffroath spoke and accepted the proclamation. Council Members offered their congratulations and followed up with comment. Pictures were taken.

IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
Alison Peters, Senior Community Library Manager, reported on events taking place in the library during Black History Month.

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

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

XI. PUBLIC HEARINGS- NONE
NONE

10 February 14, 2023City Council Meeting Minutes
XII. CONSENT CALENDAR
ACTION: approve with conditions. MOTION: A motion was made by Council Member Romero, to accept the Consent Calendar with an amendment to Item number three. Seconded by Council Member Kelley. The lease of the trailer by the Hercules Historical Society will be temporarily month to month until more detailed information regarding what other organizations pay can be provided.

This item will come back in front of Council.

Council Member Kelley initiated the original motion to approve the Consent Calendar. Council Member Romero requested that Item number three be pulled.

He asked that an amendment to the agreement be added to state that the Hercules Historical Society would pay $100 for electricity. City Attorney, Patrick Tang, provided comment. Council Member Bailey inquired about whether we charge other organizations and suggested that we do a month to month agreement until more information has been provided. A representative from the Hercules Historical Society offered comment via Zoom. A motion was made by Council Member Kelley to put Item number three back on the Consent Calendar as is; Seconded by Council Member Romero. Vote: Ayes: Council Member Kelley and Council Member Romero, Noes: Council Member Bailey and Abstain:

Council Member Grimsely and Mayor Walker-Griffin. Motion did not carry. The final action was noted above. The Vote below is referring to the Final Motion/Action that was made.

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

1. 22-446
Meeting Minutes For the Special Meeting on January 17th and the Regular Meeting on January 24th 2023
Meeting Minutes for the Special Meeting on January 17th, 2023 Meeting Minutes for the Regular Meeting on January 24th, 2023 Attachments:

APPROVED

2. 22-448 Investment Report for the Quarter Ending December 31, 2022 Recommendation: Accept the Investment Report for the Quarter Ending December 31, 2022.

Staff Report - Investment Quarterly Report Ending 12.31.2022 Attach 1 -Quarterly investment Report
Attachments:

APPROVED

3. 22-456 Consider and Approve a Request from the Hercules Historical Society (HHS) for an Amendment to Extend the Trailer Acquisition and Lease Agreement
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the Trailer Acquisition and Lease Agreement between the City of Hercules and the Hercules Historical Society (HHS), to continue the lease for an additional five (5) years with an option for a five

11 February 14, 2023City Council Meeting Minutes
(5) year extension.

Staff Report - Historical Society trailer lease extension Attach 1- 2013 Staff Report Historical Society Trailer Lease Attach 2 - Trailer lease extension February 14, 2018
Attach 3 - FIRST AMENDMENT TO TRAILER ACQUISITION
Attach 4 -RESOLUTION amending the Agreement between City of Hercules and Hercules Historical Society
Attachments:

Please refer to Item XII for more detailed information regarding the vote.

ACTION: approve with conditions. MOTION: A motion was made by Council Member Romero, to accept the Consent Calendar with an amendment to Item number three. Seconded by Council Member Kelley. The lease of the trailer by the Hercules Historical Society will be temporarily month to month until more detailed information regarding what other organizations pay can be provided.

This item will come back in front of Council. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-451
Update on the Parks System Master Plan
Recommendation: Receive an update from staff and the City’s consultant, MIG, on the progress of the Parks Master Plan.

Staff Report - Parks System Master Plan Update
Attach 1- Parks and Recreation Facilities Master Plan Progress Summary
Presentation- Parks and Recreation Facilities Master Plan Attachments:

City Manager Dante Hall, gave a brief introduction to agenda item 22-451.

Rachel Edmonds from MIG presented. Council Members provided comments and requested more information from the MIG representative.

No action taken.

2. 22-447
Acceptance of the FY 21-22 Annual Comprehensive Financial Report and other regulatory financial reports
Recommendation: Receive the Fiscal Year (FY) 21-22 Annual Comprehensive Financial Report (ACFR) and Accept the Audited Financial Statements.

12 February 14, 2023City Council Meeting Minutes
Staff Report - FY 21-22 Annual Audit
Attach 1 - 2022 Hercules ACFR
Attach 2 - 2022 Hercules Wastewater
Attach 3 - 2022 Hercules Measure B
Attach 4 - 2022 Hercules Measure C
Attach 5 - 2022 Hercules GANN
Presentation - 2022 Hercules AU-C260
Attachments:

City Manager, Dante Hall, introduced the agenda item. Finance Director, Edwin Gato, provided further introduction and explanation. Ken Pun from The Pun Group, presented the report. Council Members provided comment. No action was taken.

3. 22-440
FY 22-23 Midyear Budget Review and Miscellaneous Midyear Budget Appropriation and Adjustments
Recommendation: Receive a report on the FY 22-23 midyear budget review and adopt a Resolution approving various midyear budget appropriations and adjustments, as summarized and detailed in attachment 2 and 3, respectively.

Staff Report - FY 22-23 Mid-Year Budget Update
Attach 1 - Resolution
Attach 2 - Proposed Budget Amendment
Attach 3 - Budget Request Detail
Attach 4 - General Fund Summary
Attach 5 - Non-General Fund Summary
Presentation- FY 22-23 Midyear Review
Attachments:

MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to adopt this Discussion/Action Item Resolution 23-007. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

4. 22-452
Initiation of FY 2023/24 Landscape and Lighting Assessment District Proceedings, Completion of Capital Replacement Analysis, Preparation of 5-Year Financial Projections, and Authorization to Execute Agreement in the amount of $34,380 with Francisco and Associates including an Appropriation of $9,930 to complete said Analysis and Projection.

Recommendation: It is recommended by City staff that City Council: 1) Adopt a Resolution initiating the Fiscal Year (FY) 2023/24 Landscaping and Lighting Assessment District proceedings and directing the filing of the Engineer’s Reports for Landscaping and Lighting Assessment District No. 83-2, Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1, Hercules Village Landscaping and Lighting Assessment

13 February 14, 2023City Council Meeting Minutes
District No. 2002-2, Baywood Landscaping and Lighting Assessment District No. 2004-1, and Bayside Landscaping and Lighting Assessment District No. 2005-1 (“LLAD” or collectively “LLADs”) pursuant to the Landscaping and Lighting Act of 1972, and 2) Adopt a Resolution authorizing the City Manager to execute an agreement with Francisco & Associates for FY 2023/24 LLAD Administration, completion of Capital Replacement Analysis, and preparation of a 5-Year Financial Projection in the amount of $34,380 including an appropriation of $9,930 for the completion of said Analysis and Projection.

Staff Report - LLADs F&A Contract and Resolution of Initiation Attach 1 - LLADs (Resolution of Initiation) 23-___
Attach 2 - LLADs (F&A Contract Approval) 23-___
Attach 3 - 23-008-CM Francisco and Associates Professional Services Agreement_F&A signed
Attachments:

MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Romero, to adopt this Discussion/Action Item and approve Resolutions 23-008 and 23-009. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
XIV. PUBLIC COMMUNICATIONS
NONE
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.

1. Regional Committees

2. City Council Committees and Subcommittees

3. Commission Liaisons
City Manager, Dante Hall, Promoted Community Engagement dates for the Parks Master Plan and talked in more detail about what he would like the Council Members to report when it comes to Regional Committees, City Council Committees and Subcommittees and Commission Liaisons. City Attorney, Patrick Tang, had nothing to report.

14 February 14, 2023City Council Meeting Minutes

1.Regional Committees:

Council Member Bailey reported on WestCat meeting and the issues that BART is having financially and the impact it could have locally.

Council Member Kelley reported on CCTA
Council Member Grimsley reported on WestCat meeting and reiterated w, Commissioner Training and Planning Commission meeting.

Vice Mayor Romero reported on the WCIWMA(West County Integrated Waste Management) meeting. As of next year Cal Recycle will become more of an enforcement agency. They will be enforcing AB 1383- Green Organics Reduction. The public will have to be more mindful of the placement of organics and green waste in the trash. He also attended the Mayors Conference.

2.City Council Committees and Subcommittees:

Nothing to Report at this time.

3. Commission Liaisons:

Both Council Member Romero and Council Member Grimsley attended the Annual Commissioner Training. Council Member Romero requested that for future trainings that the Brown Act should be covered in more detail.

Council Member Grimsley attended the February Planning Commission Meeting. The meeting was more ceremonial as they were reviewing Commissioner responsibilities and new Commissioners were getting sworn in.

Community Events-
Mayor Walker-Griffin and Council Member Kelley attended the East Bay Leadership Council Dinner.

Mayor Walker-Griffin and Council Member Grimsley attended the Spelling Bee at Lupine Elementary School
Mayor Walker-Griffin took a tour of the San Quentin Prison Future Agenda Items-
Council Member Bailey- Yifty Program- $75,000 and Council Member Total Compensation including committees. Mayor Walker-Griffin requested it be a Discussion item not a Consent Item.

Council Member Grimsley- Recognize the 19 children from the Spelling Bee at a March City Council Meeting.

15 February 14, 2023City Council Meeting Minutes
XVI. ADJOURNMENT
The meeting was adjourned by Mayor Walker-Griffin at 9:58 p.m. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, Acting City Clerk

16

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of February 28, 2023

TO: Mayor and Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Tim Rood, Community Development Director Michael Roberts, City Engineer
Larissa Alchin, Contract Planner

SUBJECT: Lot Line Adjustment 22-02 for Sycamore Crossing for Lots 1 and 2 of Parcel Map MS 476-97 (APNs 404-020-094 & 404-020-095)

RECOMMENDED ACTION: Adopt a Resolution approving Lot Line Adjustment 22-02 for Sycamore Crossing to facilitate development of the approved hotel.

EXECUTIVE SUMMARY:

To facilitate the development of the approved hotel at Sycamore Crossing, the owners of the two parcels composing the Sycamore Crossing site, Hercules Hospitality LLC and Lewis Management Corporation, propose a lot line adjustment between the two parcels, Lot 1 Assessor Parcel Number (APN) 404-020-094 and Lot 2 APN 404-020-095. The proposed lots are consistent with the approved Planned Development Plan and meet the Municipal Code and State Subdivision Map Act requirements for a Lot Line Adjustment . T he accompanying plat map and legal exhibits have been provided in a form acceptable to the City Engineer. Council approval is required under the Municipal Code.

BACKGROUND:

The proposed lot line adjustment will facilitate the development of the proposed hotel by adjusting the boundaries of the existing Lot 1, the hotel site, consistent with the approved Sycamore Crossing Initial/Final Planned Development Plan FPDP #14-01.

17

Figure 1 shows the proposed changes to the southeastern boundary of the hotel parcel.

Figure 1. Proposed Lot Line Adjustment

The two existing lots are bounded by San Pablo Avenue, Sycamore Avenue, and Tsushima Street in the City of Hercules. Lot 1 (1.77 acres) fronts Sycamore Avenue and abuts the west side of the creek. Parcel 2 (11.12 acres) extends from Tsushima Street on the west side of the site, across the creek, to the eastern tip at the intersection of San Pablo Avenue and Sycamore Avenue. The Sycamore Crossing site is bifurcated by the west branch of Refugio Creek (also known as Ohlone Creek). The current configuration of Lot 1 and 2 was approved by Lot Line Adjustment 17-01 and recorded as Instrument No. 2017-0087541.

The City Council adopted Resolution No. 2019-051 on September 10, 2019, approving a Sycamore Crossing vesting tentative map creating Parcel A, B, C, D, E, F, and G. However, a Final Map was not completed.

As shown below in Figure 1 and in Attachment 2, Legal Description, the proposed lot line adjustment would transfer approximately 0.17 acres along Refugio Creek from Lot 2 to Lot 1 and transfer approximately 0.05 acres from Lot 1 to Lot 2, for a net transfer of 0.12 acres from Lot 2 to Lot 1, resulting in a new Lot 1 area of 1.89 acres and Lot 2 area of 11.0 acres.

ANALYSIS

Section 10-2.102(e) of the Hercules Municipal Code and Section 66412(d) of the State Subdivision Map Act provide that lot line adjustments of the type being requested are not subject to other subdivision provisions so long as:
 The proposed lot line adjustment is between two or more existing adjacent parcels;
 The land taken from one parcel is added to an adjacent parcel; 18

 A greater number of parcels than originally existed is not created;  The City of Hercules has not imposed conditions or exactions on its approval of the lot line adjustment except to conform to local zoning and building ordinances; and
 The lot line adjustment is approved by the City Council in a form acceptable to the City Engineer.

Pursuant to State Govt. Code Section 66412(d), staff finds the proposed lot line adjustment conforms to the local General Plan, any applicable specific plan, any applicable coastal plan (none are applicable within the City of Hercules) and to zoning and building ordinances as follows:

General Plan
The proposed Lot Line Adjustment involves two properties designed Planned Commercial- Residential (PC-R), Public/Semi-Public Open Space (P/SP-OS), and General Commercial (GC) in the General Plan. The proposed lot line adjustment does not alter the two parcels’ compliance with the General Plan Land Use designations.

Central Hercules Plan
The proposed Lot Line Adjustment involves two properties within the Central Hercules Plan area, which was adopted in 2001. The proposed lot line adjustment does not alter the two parcels’ conformance to the Regulating Code of the Central Hercules Plan.

Zoning Ordinance
The current zoning approved for the overall Sycamore Crossing site through the Sycamore Crossing Initial/Final Planned Development Plan (FPDP 14 -01) includes Planned Commercial Residential Mixed-Use, with lot size, frontage and depth standards as defined in the FPDP; General Commercial (CG), with lot size, frontage and depth standards as defined in the Zoning Code, and Public/Quasi-Public—Open Space, which has no minimum lot size, frontage, or depth. Figure 2 shows the current zoning designations per the approved FPDP.

19

Figure 2. Current zoning map

Lot 1 will conform with Planned Commercial Residencial Mixed -Use zoning in that the proposed lot size, frontage and depth and proposed setbacks are consistent with the approved FPDP.

Lot 2 will conform with Planned Commercial Residencial Mixed-Use zoning in that lot size, frontage and depth and proposed setbacks are consistent with the approved FPDP. Lot 2 will also conform to General Commercial (CG) zoning requirements in that the lot meets the minimum lot size of 0.23 acres, lot frontage of 100 ft and lot depth of 100 ft.

Building Code

The proposed Lot Line Adjustment involves two vacant properties (containing no structures) and therefore no inconsistency with building codes is created.

Subdivision Map Act

The proposed project is consistent with the Subdivision Map Act 66412(d) since it involves a lot line adjustment between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and because a greater number of parcels than originally existed will not be created. Also , as noted above , the proposed lot line adjustment results in no inconsistency with the City’s General Plan and Zoning Ordinance.

FISCAL IMPACT OF RECOMMENDATION:

There is no fiscal impact associated with this item.

ATTACHMENTS:

20

Attachment 1 – Draft Resolution
Attachment 2 – Exhibit A – Legal Description
Attachment 3 – LLA Mapping Exhibit
21 RESOLUTION NO. 23-

RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES APPROVING LOT LINE ADJUSTMENT #22-02 FOR SYCAMORE CROSSING LOT 1 AND LOT 2 APN 404-020-094 & 404-020-095 TO FACILITATE PROPOSED HOTEL SITE PLAN

WHEREAS, on May 9, 2017 , the City Co uncil of the City of Hercules appr oved Lot Line Adjustment 17-01, for the Sycamore C rossing site, a lot line adjustment resulting in Lot 1 , a

1.77-acre parcel and Lot 2, a 11.12-acre parcel; and

WHEREAS, on September 10, 2019, the City Council of the City of He rcules adopted Resolution No. 19-051, approving the Sycamore Crossing Planed Development Plan and Vesting Tentative Map VTM creating Parcel A, B, C, D, E, F, and G; and

WHEREAS, a Final Map for the Vesting Tentative Map has not been submitted or a pproved; and

WHEREAS, Section 10-2.102(e) of the Hercules Municipal Code states that lot line adjustments of the type begin requested are not subject to the Provisions of Title 10, Chapter 2 “Subdivisions”, so long as the lot line adjustment i s approved by the City Council in a form acceptable to the City Engineer; and

WHEREAS, in accordance with Section 15305(a) of the California Environmental Quality Act (CEQA) Guidelines, approval of Lot Line Adjustments is categorically exempt (“minor lot line adjustments… not resulting in the creation of any new parcel”) and do not require an environmental impact report or negative declaration; and

WHEREAS, the City Engineer/Public Works Director , the Planning Director, contract City Surveyor, and City Co uncil have reviewed the proposal and deemed its configurati on and content to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves Lot Line Adjustment 22-02 for the Sycamore C rossing Project t o facilitate the proposed hotel site plan.

The foregoing Re solution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-eighth day of February 2023, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Alex Walker-Griffin, Mayor

ATTEST:

Eibleis Melendez
Acting City Clerk
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37

TSUSHIMA STREET

SYCAMORE AVENUE

OHLONE CREEK PLACE

SAN PABLO AVENUE

RIDGE CREST TERRACE

PARCEL A
(REVISED)

PARCEL B(REVISED)

PARCEL D
(REVISED)

PARCEL E
(REVISED)

PARCEL C
(REVISED)
F:\2762-000\ACAD\EXHIBITS\XB17A-MAPPING EXHIBIT REVISED.DWG 12/2/2022 10:15 AM
0' 150'50' 200'
1" = 50'SCALE:

MAPPING EXHIBIT

SYCAMORE CROSSING

CITY OF HERCULES CONTRA COSTA COUNTY CALIFORNIA

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
DATE: DECEMBER 2022
LEGEND

AREA ADJUSTMENTS
AREA LOT 1 TO PARCEL C/D (SF)PARCEL C/D TO LOT 1 (SF)
TOTAL 2,234 7,247
38

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of February 28, 2023

TO: Mayor and Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Tim Rood, Community Development Director

SUBJECT: Sycamore Crossing Developer Update

RECOMMENDED ACTION:

Receive a report from project developers on project development and ask any questions.

BACKGROUND:

Lewis Management Corporation and Hercules Hospitality LLC will present an update to the City Council regarding the implementation of the approved development plan, with the hotel component as the first phase.

FISCAL IMPACT OF RECOMMENDATION:

There is no fiscal impact associated with this item.

ATTACHMENTS:

Attachment 1 – Developer presentation

39 SYCAMORE CROSSING

12.89-Acre Mixed Use Project Including:
105 Room Hampton Inn & Suites
120 Residential Condominiums
29,500 SF Commercial Retail Center

LEWIS GROUP OF COMPANIES
40 Illustrative Site Plan
41 Lot Line Adjustment Detail
42 Phase I Infrastructure Improvements
43 Hampton Inn & Suites
Hotel Site Plan
44 45
Utility Easements
46 San Pablo Ave
View Looking West
PG&E Overhead Power Line & EBMUD Water Line
Adjacent to Ohlone Creek
47 San Pablo Ave
West Bound
Ohlone Creek Culvert Outfall
48 San Pablo Ave
Ohlone Creek Culvert Outfall
Existing Retail Center
49 Questions and Comments
50 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of February 28, 2023

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Edwin Gato, Director of Finance

SUBJECT: Continuation of Yiftee Digital Gift Card Program

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution approving the first amendment to an agreement with the Yiftee Digital Gift Card program in the amount of $75,000 to continue the Shop Local/Gift Card program funded by the American Rescue Plan Act (ARPA), and amend the FY 22-23 budget increasing its appropriation by $75,000.

EXECUTIVE SUMMARY:

On April 26, 2022, the City Council authorized the City Manager to execute an agreement with Yiftee for a Shop Local/Gift Card program for $65,000. At the last Council meeting, the City Council expressed a desire to extend the program and add an additional $75,000 due to the success of the pilot program.

BACKGROUND:

The American Rescue Plan Act (ARPA) provides relief to local governments and enables them to lay the foundation for a robust economic recovery. The one-time infusion of funds is welcomed as it will help mitigate losses incurred in the community during the pandemic, which has extended for almost two years. The sooner a recovery plan is developed, the faster the City can stabilize operations, get the local economy back on track, and support those in the community most impacted by the pandemic.

The Yiftee Community Digital Gift Card program is a cost -effective way to stimulate the local economy and assist small businesses in recovery. It also provides additional savings to residents who shop locally.

51 Yiftee has no set -up or monthly costs, and the additional $75,000 of ARPA monies will pay for:

 The $1+5% eDelivery fee (purchaser fee) plus a $1 bonus gift fee per card.  A bonus gift card to incentivize the use of the program and provide a benefit to all community members.
 Branding costs associated with the development of the “shop local Hercules” campaign.
 Marketing costs for advertisement and promotion of the program and related point-of-sale signage and posters for participating businesses.

1. Shop Local Program Bonus Gift Incentive
Many communities are integrating a bonus gift incentive to the community to encourage the success of their programs, amplify the infusion of dollars into the local economy and provide incentives to shop locally. Typically, community digital gift card programs have a resident buy a gift card (for example) valued at $50, with the initial investment from the resident being $25. Then they receive a ‘purchase bonus’ amount of another $25 paid by the city through ARPA fundi ng. In other words, it is ‘buy one and get one free’ for residents. Hercules has the discretion to set the level of incentive appropriate to our community, in addition to limits on purchases per customer. Staff is proposing the following incentive system t o pilot with the Program, which will be available to all purchasers of community gift cards:
 Buy a gift card valued at greater than $5 and receive a bonus gift card equal to the value purchased, with a maximum purchase limit of $250 per card with the promotion.
 A limit of 5 cards per customer.
 The Gift Card (original purchase amount) does not expire. Still, the staff recommends that the bonus gift card expire six months (120 days) after purchase (any expired unspent bonus gift funds would be returned to the City for redistribution after a restocking fee).
 The City will pay all purchasing and delivery fees while funds remain (first come, first serve).

2. Eligible Businesses
Staff is recommending the continuation of the following parameters for business participation:
 Is a for-profit business in one of the following categories:
o Retail
o Restaurant/Cafe
o Personal Services are limited to the following only:
 hair stylists
 barbers
52  estheticians
 massage therapists
 gyms
 nail salons
 dry cleaners
 tanning salons
 pet groomers
 fitness/specialty studios including martial arts, yoga, dance, and music

 Operates from a physical storefront (home-based businesses are not eligible)  Maintains a current City business license
 Has no open code enforcement actions
 Has 20 or fewer full time equivalent employees as of December 1, 2021  Is either independently owned/operated or a locally-owned chain (i.e., local outlets of chains or franchises headquartered outside of Hercules are not eligible)

FISCAL IMPACT:

Funds are available and will be appropriated in the ARPA fund under expenditure account #353-3005-611.90-00 (Project No. ARP218) for this proposed first amendment to the existing agreement. The proposed first amendment increases the total contract amount under this agreement by $75,000, for a total amount of $140,000.

ATTACHMENTS:

1. Resolution

2. First Amendment to the original agreement

3. Original Agreement
Contract Agreement No. Approval
Contract
Approval Date
Authorized
Amount
Original Contract 22-012 Council Resolution #22-032 4/26/2022 65,000$ 1st Amendment Recommended 2/28/2023 75,000$
Total 140,000$
53 1

RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING

A FIRST AMENDMENT TO AN AGREEMENT WITH YIFTEE IN THE AMOUNT OF $75,000 TO CONTINUE THE SHOP LOCAL/GIFT CARD PROGRAM FUNDED BY THE AMERICAN RESCUE PLAN ACT (ARPA) FUND AND AMEND THE FY 22-23 BUDGET INCREASING ITS APPROPRIATION BY $75,000

WHEREAS, on March 11, 2021, the American Rescue Plan Act ( H.R. 1319), § 4001, ARPA") was signed into law providing federal funding relief for American workers, families, industries, and state and local governments; and

WHEREAS, The United States Department of Treasury released ARPA regulations and updated local government allocations on May 10, 2021. As part of the $1.9 trillion relief package, the City’s allocation is set at $6,285,778.; and

WHEREAS, the City received the full $6,285,778 in allocation; and

WHEREAS, the City entered into an Agreement with Yiftee for the Shop Local/Gift Card Program on April 26, 2022 for $65,000; and

WHEREAS, due to successful launch of the pilot program, the City Council would like to continue the program; and

WHEREAS, the proposed First Amendment would add $75,000 to the Yiftee Shop Local/Gift Card program. Staff is proposing that the budget be increased by $75,000 for the continuation of the Shop Local/Gift Card program.

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

1. The First Amendment to Agreement with Yiftee is hereby approved and the City Manager is authorized to execute the first amendment to the agreement.

2. The City Council hereby approves amendment to the City’s FY 22 -23 Budget to add $75,000 for the continuation of the Yiftee Shop Local/Gift Card program.

54 2

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 28th day of February 2023 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Alexander Walker-Griffin, Mayor

ATTEST:

Eibleis Melendez, Acting City Clerk
55 Original Agreement No. 22-012
Yiftee for a Shop Local/Gift Card Program
AMENDMENT NO. 1

Approving Revised Attachment B to add additional $75,000

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

Yiftee
325 Sharon Park Drive #215, Menlo Park, CA 94025
(650) 533-0938
Attention: Donna Novitsky
[email protected]

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

2. Purpose. This Amendment No. 1 is being entered into to a mend an existing contract between the City and Contractor which was approved by the City Council of the City of Hercules on April 26, 2022, by Resolution No. 22-032. Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

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

4. Amendment. This Amendment No. 1 is in tended to amend the Original Contract and previously approved amendments (collectively, the "Amended Contract") thereto to provide for additional co mpensation in an amount not to exceed $ 75,000, for a total contract amount of $140,000.

5. Amendment Approval: This Amendment No. 1 is hereby approved by the City Council of the City of Hercules on this 28th day of February, 2023.

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

City of Hercules

s/_______________________________
Dante Hall, City Manager

Date: ___________________________

Approved as to form:

By ______________________________
Patrick Tang, City Attorney
Contractor: Yiftee

s/_______________________________

_________________________________
Name/Title

Date: ___________________________

Attachments:

Attachment A: Scope of Service & Payment
56 CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“Agreement”) for professional services is made on April 26, 2022, between the City of Hercules , a California municipality (“City”), and Yiftee , a California Community Card Program Corporation (“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 April 26, 2022 (“Effective Date”), and shall continue in full force for one year from the Effective Date. At the sole discretion of the City, the Agreement may be renewed for an additional option year, up to a maximum of four option years, and with no option period allowed beyond December 31, 2026.

3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed Sixty Five Thousand Dollars ( $65,000), 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 date(s) upon which the Services were provided; the amount due for the Services ; and the basis for calculating the amount due. Payment for gifts and fees must be received before the gifts can be delivered.

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.

Agreement No. 22-012
Council Resolution No. 22-032
DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 57 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 P arty by personal delivery, U.S. Mail, a reliable overnight deliv ery service, or by e mail 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 Yiftee
111 Civic Drive 325 Sharon Park Drive # 215
Hercules, CA 94547 Menlo Park, CA 94025
(510) 799-8200 (650) 533-0938
Attn: City Clerk Attn: Donna Novitsky
[email protected]
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 T o the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, such acceptance to not be unreasonably withheld 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 negligent 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.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 58 This Subsection 7.1 does not apply 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.

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 S ervices, 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 [Blank]

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 Certific ate of Permission to Self-Insure.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 59 8.1.4 Professional Liability. This in surance must insure against Consultant ’s errors and omissions in the provision of S ervices 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.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 60 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 a nd 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. Records. Unless otherwise specified in Attachment A, C onsultant 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.

12. General Provisions.

12.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent, such consent to not be unreasonably withheld . This Agreement is binding on Con sultant’s and City’s lawful heirs, successors, and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.

12.3 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.

12.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.

12.3.2 Compliance with the California Equal Pay Act . Consultant shall comply with regulations adopted by the City of Hercules to allow for verification of Consultant compliance with the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 61 the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.

12.4 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.

12.5 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.

12.6 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.

12.7 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.

12.8 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.

12.9 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 s uch conflicting or inconsistent provisions.

12.10 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 P arty waiving the breach, failure, right, or remedy. No waiver o f 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.

12.11 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 P arty 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.

12.12 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.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 62 12.13 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.

12.14 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.]

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 63 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: ___________________________

CONSULTANT: Yiftee
Business Name

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

Attachments:

Attachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Ac DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 6/9/20226/22/2022
Ceo, Yiftee
6/9/2022
Donna Novitsky
6/22/2022
Lauren Berges
City Clerk / Public Information Officer
64 Attachment A

SCOPE OF SERVICES

<Scope of Services attached in the following page(s)>

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 65 Community Card Customer Agreement

THIS AGREEMENT (the “Agreement”) is made effective as of __________, 2022 (the “Effective Date”) by and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo Park, CA 94025 (“Yiftee”) and _____________________________________ with an address at _________________________________________(“Customer”). The parties agree a follows:

1. Definitions.

1.1 “Merchant” means a merchant, prospect or other contact that may be using or desire to use Yiftee Services to redeem eGifts.

1.2 “Participant” means a Merchant who has opted to participate in a Community Card by running an Activation Card and agreeing to the Merchant Agreement.

1.3 “Yiftee Services” means Yiftee’s gift-giving platform. It is the technology foundation for Community Cards.

1.4 “Purchaser” means a person or entity that purchases or redeems eGifts.

1.5 “eGift” means a digital virtual gift voucher used as payment for goods or services at a Participant.

1.6 “Offer” or “Offers” mean specific benefits that Participants provide to consumers who use their Community Cards in their store, as determined by the Participants and posted on their eGift Card web page.

2. Merchant Enrollment.

2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.

Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each Merchant must agree to the Yiftee Community Card Merchant Agreement located on the Yiftee.com website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for the Yiftee Services will begin (“Commencement Date”). This billing will include the agreed-upon cost for each Participant or group thereof as defined in Appendix A. (b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant names in 2.1a, a set of unique Activation Cards to be run by each Merchant. Customer will inform Merchants of their individual Activation Card and provide instructions on its use. Additionally, Customer will inform Merchants that running the Activation Card implies consent to the Merchant Agreement located on the Yiftee.com website.
(c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be available for eGift Card holders who redeem gifts in their stores.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 66 (d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments allowed by Yiftee (that is, a cancelled Participant’s billing obligation will result in that Participant’s cost to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).

A Participant may be added to the list of Participants at any time (“Enrollment Time”), with billing adjustment for said Participant to begin immediately and to be included in the current month’s billing. (e) Each party shall comply with good, ethical and moral business practices and all applicable laws and regulations in engaging in any activities here under.
(f) Fees and payment terms applicable to the subject matter here under shall be as set forth in Appendix A. Customer is not entitled to compensation other than what is described in Appendix A. (g) Customer is responsible and liable for any disputes or liability arising out of its relationships with Merchants and Participants, except with respect to any liability of Yiftee under this agreement.

2.2 Yiftee Materials.

Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee Services here under (“Yiftee Materials”). No rights or licenses, express or implied, are granted in those Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.

2.3 Limited Licenses.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a non- exclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the Yiftee Services and Yiftee Materials solely for the purposes of Customer’s performance of this Agreement.

2.4 Trademark License.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Yiftee’s or Customer’s name, trade names, trademarks, service marks, and logos (collectively, a party’s “Marks”) solely in connection with Customer’s and Yiftee’s promotion and marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.

3. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee Services, Yiftee’s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to Customer’s Marks.

4. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,

EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,

NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.

5. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 7, NEITHER PARTY (NOR ITS

LICENSORS) WILL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS

AGREEMENT OR UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE

THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY’S DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 67 LIABILITY EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO

CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF PAYMENTS ARE PAYABLE BY CUSTOMER TO YIFTEE IN ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

6. Term and Termination.

6.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless and until either party terminates this Agreement pursuant to Section 6.2.

6.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to the other party for any reason or for no reason whatsoever. (b) Either party may terminate this Agreement if the other party materially breaches a term of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach from the non-breaching party.
(c) Participants are obligated to honor all outstanding eGifts issued by Yiftee for the entire duration of those eGift's validity periods. Termination does not relieve Participants from honoring conditions outlined in the Merchant Agreement.

6.3 Effect of Termination. Upon any termination: (a) Customer shall immediately cease all promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee, destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials, and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall immediately cease. The following Sections shall survive termination and remain in effect 1, 3, 4, 5, 6.3, 7 and 8. Any termination of this Agreement shall be without prejudice to any other rights or remedies available under this Agreement or at law.

7. Confidentiality. Because of this Agreement, the parties may have access to information that is confidential to the disclosing party (“Confidential Information”). Confidential Information shall include, without limitation, Purchaser lists and information relating to the parties’ products and pricing and all information designated as confidential by the disclosing party at the time of disclosure. A party’s Confidential Information shall not include any information which (i) becomes generally publicly available through no wrongful act or omission of the receiving party; (ii) is lawfully acquired by the receiving party from a third party without any breach of a confidentiality obligation; or (iii) is independently developed without use of or reference to the disclosing party’s Confidential Information. Each party agrees to maintain the confidentiality of the other party’s Confidential Information using the same degree of care that it uses with regard to its confidential information of like nature, but in no event less than reasonable care, and to protect as a trade secret any portion of the other party’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. If required by law, the receiving party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor. The parties acknowledge that money damages will not be an adequate DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 68 remedy if this Section 7 is breached and, therefore, either party may, in addition to any other legal or equitable remedies, seek an injunction or other equitable relief against such breach or threatened breach without the necessity of posting any bond or surety.

8. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity) solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser’s or Merchant’s participation in the other party’s products and services.

9. Miscellaneous

9.1 Choice of Law. This contract shall be governed by and construed in accordance with the laws of the State of California, without regard to the provisions of the conflict of laws thereof. The parties will resolve any disputes in the state or federal courts located in Santa Clara County, California, to whose exclusive jurisdiction and venue they irrevocably submit. Notwithstanding anything to the contrary, either party may pursue injunctive or other equitable relief in any court of competent jurisdiction.

9.2 Notices. Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at the addresses set forth above, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this section.

9.3 Assignment. Customer may not assign or otherwise transfer, without the prior written consent of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. Yiftee may freely assign or otherwise transfer this Agreement in connection with the sale of all or substantially all of its business or assets. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

9.4 Severability. Any provision of this Agreement that is determined to be unenforceable or unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to that this Agreement shall otherwise remain in full force and effect and enforceable.

9.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements between them, whether written or oral, with respect to the subject matter hereof, and may not be amended, modified or provision hereof waived, except in a writing signed by the parties hereto. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such provision or a breach or waiver of any other provision of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

Customer (Print): YIFTEE, INC.

By: By:

Name, Title: Name, Title: Donna Novitsky, Yiftee CEO DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 69 Attachment B

PAYMENT

<Payment attached in the following page(s)>

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 70 Community Card Customer Agreement

APPENDIX A
Pricing

Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share. Yiftee does not take a percentage of the cards that are redeemed in the Participants’ stores.

Charges:

Purchasers pay the face value of the card plus a $1+5% of the eGift Card value eDelivery fee at the time of purchase. Bulk purchases of one thousand dollars ($1000) or more, and enterprise accounts may qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or ACH and disabling credit cards.

Participants pay Mastercard processing fees for a card-not-present (CNP) transaction upon redemption.

Yiftee does not control these fees, they are set by the Merchant Acquirer who is their credit card processor.

Subject to applicable laws, Yiftee will implement a monthly maintenance fee on eGift Cards that have been inactive (i.e. no spending on the Card) for periods of greater than 12 months. This will be made clear to cardholders on the face of the eGift Card when implemented, as is required by law.

Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining unspent funds and refunds the balance to the purchaser’s Yiftee eGift Card account. eDelivery fees are not refunded.

Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their Community Cards in their stores.

Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as schools, churches and other non-profits. Such programs are an incentive for the local groups to sell Community Cards to their members, and for the Purchasers to use them in specific stores who are offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.

No tipping is allowed on Yiftee eGift Cards.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 71 ORDINANCE NO. 486

AN ORDINANCE OF THE CITY OF HERC ULES ESTABLISHING POLICIES TO

ADDRESS AND PREVENT NEPOTISM A ND CRONYISM IN CITY EMPLOYMENT

AND CONTRACTING

WHEREAS, to promote and maintain confidence in City government, it is imperative that City employment and contracting are free from nepotism, cronyism, patronage, and favoritism; and

WHEREAS, it is imperative that City employment and City contracts be based on merit, so that citizens are assured that City employees will be providing the highest quality service to those deserving citizens; and

WHEREAS, nepotism, cronyism, patronage, a nd favoritism are demoralizing and dispiriting to the dedicated, hard-working employees of the City; and

WHEREAS, the hiring of city officials, contra ctors and consultants who have a family, business, or consensual romantic and/or sexual relationship with a City official creates the appearance of impropriety and should be discouraged.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hercules as follows:

1. The Hercules Municipal Code is hereby amended to include Title 2, Chapter 3, Article 4, to read as follows:

“Article 4. PREVENTION OF NEPOTISM AND CRONYISM IN

EMPLOYMENT AND CONTRACTING

Sec. 2-3.401 Purpose

In adopting this Article, it is the intent of the City Council to prohibit the contracting with, and employment of, relatives and friends of C ity Officials, to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, contracting and/or transfer practices of the City.

The regulations established by th is Article shall apply to all City officials, as defined herein, and to all individuals or firms who pr ovide services to the City as independent contractors or paid consultants.

Sec. 2-3.402 Definitions

“City” as used herein shall mean the City of Hercules, California.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 72 “City Official s” for the purposes of this Article means City Elected Officials, City Appointed Officials, appointees to City ad hoc or standing committees, appointees to City Commissions, and City Employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City Agencies and Departments.

“Contractor” means any individual or firm providing material, equipment, or services to the City pursuant to a written or oral agreement with the City as an independent contractor or consultant,
and not as an employee.

"Family Relationship" means a relationship by blood, adoption, marriage, domestic partnership, foster care, and cohabitation, and includes parents, grandparents, great- grandparents, grandchildren, great-grandchildren, children, foster children, uncles, aunts, nephews, nieces, first cousins, second cousins, siblings, and the spouses or domestic
partners of each of these relatives and cohabitants. This definition includes any relationship that exists by virtue of marriage or domestic partnership, such as in-law and step relationships, which are covered to the same extent as blood relationships.

"Consensual Romantic and/or Sexual Relationship" means any consensual romantic and/or sexual relationship between a City official or Contractor and any City official who may supervise
him or her directly or indirectly, or who may influence the terms and conditions of his or her employment or contract with the City.

“Cronyism” means making an employment or contracting decision based upon personal, political, financial,
or commercial relationships instead of merit when the person or entity benefitting from the employment, promotion, supervision or contract does not have the qualifications for the position or contract, or is being compensated at a rate that is more than the rate that would be paid other employees or contractors performing the same or similar functions.

“Nepotism” means employing, promoting, supervising or contracting with a person or persons who have a family relationship or a consensual romantic and/or sexual relationship with a
City official.

Sec. 2-3.403 Restricting Nepotism and Cronyism in Public Employment.

(a). Statement of Policy.

It is the policy of the City of Hercules to hire, promote, and transfer employees on the basis of individual merit and to avoid favoritism or discrimination in making such decisions.

The employment of relatives of City officials, in positions where one might have influence over the other’s status or job security, is regarded as a violation of this Section.

Nepotism
and cronyism, as defined in Section 2-3.402 , are prohibited from City employment decisions to the full extent permitted by law.

It is therefore the City ’s policy to prohibit nepotism and cronyism in public employment according to the guidelines below:

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 73 (1) An individual will not be hired, promoted, transferred, or otherwise placed into a position when a person with whom the individual has a family relationship or consensual romantic and/or sexual relationship occupies a position in his or her direct supervisory chain of command.

(2) Individuals will not be hired, promoted, transferred, or otherwise placed into a position when to do so would constitute cronyism.

(3) Department Heads are prohibited from employing or supervising any person with whom the Department Head has a family relationship or consensual romantic and/or sexual relationship within his/her department in any capacity in which that
person may receive compensation.

(4) Department Heads are prohibited from employing or supervising any individual, when to do so would constitute cronyism.

(5) City positions should be advertised to the public and filled pursuant to an objective selection process
based upon qualification.

(b) Resolving a Violation.

In the event nepotism or cronyism arises due to circumstances such as through promotion, transfer, the development of a consensual romantic and/or sexual relationship or marriage, the involved individuals have six (6) months in which to settle the issue voluntarily (i.e. by having one of them change assignment or leave City
employment.)

If the affected parties are unable to resolve the situation within the time provided, their immediate supervisors will review the case at the end of the six-month period. The supervisor’s decision concerning which employee must change assignment , made after
consultation with the Director of Human Resources, will be binding.

(c) Responsibility to Report.

It is the responsibility of a City Official to report a violation of this Section. A City employee must notify his/her supervisor,
and it is the responsibility of an elected or
appointed official to notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when
any of the following situations occur:

(1) When a person who is hired or appointed, or is being considered to be hired or appointed, has a family relationship or consensual romantic and/or sexual relationship with
a City Official, and/or

(2
) When a City Official has or develops a family relationship or consensual romantic and/or sexual relationship with another City Official who occupies a position in his or her direct supervisory chain of command, and/or

(3
) When hiring, promotion, appointment or supervision of a City Official constitutes cronyism as defined in Section II.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 74 The intent of this Section is to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, and/or transfer practices of the City.

(d) Penalty for Failure to Report.

A City Official, other than an elected official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of any employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject
to discipline, including but not limited to suspension or termination.

An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City,
or who knows or should know of an employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to censure.

Sec. 2-3.404 Restricting Nepotism and Cronyism in Public Contracting.

(a) Statement of Policy.

It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies,
construction, maintenance, professional or other
services. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person with whom she or he has a family relationship or a consensual romantic and/or
sexual relationship, is regarded as a violation of this Section .

Nepotism and cronyism as defined in Section 2-3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.

It is therefore the City ’s policy to prohibit nepotism and cronyism in City contracts,
according to the guidelines below:

(1) An individual Contractor shall not be awarded a contract with the City when the Contractor has a family relationship or consensual romantic and/or sexual relationship with a City Official who may have some influence over the award or management of the contract, or when the award of a contract to that individual Contractor
would constitute nepotism or cronyism.

(2) Firms shall not be awarded contracts with the City when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with
a City Official who may have
some influence over the award or management of the contract, or when the award of a contract to a firm would constitute nepotism or cronyism.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 75 (3) A City Official is prohibited from awarding contracts to any individual with whom he or she has a family relationship or consensual romantic and/or sexual relationship, or to any firm when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with the employee or official, or when to do so would constitute
nepotism or cronyism.

The intent of this Section is to ensure that no conflict of interest, favoritism, or discrimination enters into the contracting practices of the City.

(b) Responsibility to Report a Violation of Regulations Against Contracting with Relatives or Contracts that Constitute Cronyism.

It is the responsibility of a City Official to report a violation of this Section. A City employee must notify his or her supervisor, and an elected or appointed official must notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when he or she is aware of any of the following situations:

(1
) When a person who has a family relationship or consensual romantic and/or sexual relationship with a City Official is being considered for the award of a contract to provide services to the City, and/or

(2
) When a City Official has or develops a family relationship or a romantic and/or consensual sexual relationship with a person who has an existing contract to provide services to the City, and/or

(3
) When the award of a contract would constitute nepotism or cronyism as defined in Section 2-3.402.

(c) Penalty for Failure to Report.

A City Official, other than an elected city official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to discipline, including, but not limited to,
suspension or termination.

An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section and fails to report the violation,
is subject to censure.

A Contractor who has a contract with the City or who seeks a contract with the City and fails to report that a person with whom she or he has a family relationship or consensual romantic and/or sexual relationship is employed by the City or is a City Official, or that the award of the contract constitutes cronyism in violation of this Section, may have his or
her contract terminated and may be precluded from being awarded any future contracts with the City.

DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 76 DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 77 CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECTI
ON A:

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

City Representative Phone Project Spec No.

Department Contract/Proposal Name
SECT
ION B:

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

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

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

It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of t his Section. Nepotism and cronyism as defined in Section 2-3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.

I h
ave read Hercules Ordinance Number 486 and certify that I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 486.

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

Signature Date
Print Name of Signer Position
SECT
ION D:

To Be Completed by Administrative Services Departmen t with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
Edwin Gato 510-799-8200
22-012
Council Reso 22-032
Community Card ARPA
Program
Finance
X
Yiftee 650-533-0938
325 Sharon Park Dr #215 Menlo Park CA 94025
X

XXXXXXXXXXXXXX
via DocuSign

XXXXXXXXXXXXXXX
via DocuSign
DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 6/9/2022
Ceo, YifteeDonna Novitsky
78 ORDINANCE NO. 534

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

LOCAL MEANS OF DETERMINING WHETHER ENTITIES CONTRACTING WITH

THE CITY OF HERCULES ARE IN COMPLIANCE WITH THE REQUIREMENTS OF

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

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 79 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY 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 the Hercules Municipal Code to ADD Title 2, Chapter 3, Article 5, to read as follows:
“Article 5. City Contractor EQUAL PAY ACT Compliance
Sec. 2-3.501 Purpose.

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

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

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

Sec. 2-3.503 Requiring Equal Pay Act Compliance in Public Contracting. (a) Statement of Policy. It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, and professional or other services to contractors that are not in compliance with the requirements of the California Equal Pay Act. The awarding of a contract or the approval of payments or expenses under a contract DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 80 by a City Official, to a person or entity that has not complied with the reporting requirements of this Article, is regarded as a violation of this Section.

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

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

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

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 81 (d) A contractor with a contract with the City or who seeks a contract with the City and fails to report a violation of the Equal Pay Act or is otherwise not in compliance with requirements of this Article may have his or her contract terminated and may be precluded from being awarded any future contracts with the City.

Sec. 2-3.505 Penalties Not Exclusive.

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

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

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

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

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 82 AYES:

NOES:

ABSENT:

ABSTAIN:

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

None.

None.

None.

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 83 CONTRACTOR ACKNOWLEDGMENT OF COMPLIANCE WITH CALIFORNIA EQUAL PAY ACT SECTION A:

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

City Representative Phone Project Spec No.

Department Contract/Proposal Name __
SECTION B:

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

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

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

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

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

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

Signature Date
Print Name of Signer Position
SECTION D:

To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Compl eted Form by Contractor
Date Received by City By
Edwin Gato 510-799-8200
22-012
Council Reso 22-032
Community Card
ARPA Program
Finance
X
Yftee 650-533-0938
325 Sharon Park Drive #215 Menlo Park CA 94025
X

XXXXXXXXXXXXXXXX
via DocuSign

XXXXXXXXXXXXXXX
via DocuSign
DocuSign Envelope ID: 3441B701-0A49-49D8-8785-032CEA154E54 Donna Novitsky
6/9/2022
Ceo, Yiftee
84 Certificate Of Completion
Envelope Id: 3441B7010A4949D88785032CEA154E54 Status: Completed Subject: Contract - 22-012- Yiftee - Community Card ARPA Program Agreement Source Envelope:

Document Pages: 28 Signatures: 6 Envelope Originator:

Certificate Pages: 5 Initials: 0 A. Clarisse Saechao
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 66.7.246.210
Record Tracking
Status: Original
6/6/2022 1:52:59 PM
Holder: A. Clarisse Saechao
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Hercules Location: DocuSign Signer Events Signature Timestamp
Patrick Tang
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 66.7.246.210
Sent: 6/6/2022 2:07:21 PM
Resent: 6/9/2022 12:39:32 PM
Viewed: 6/9/2022 5:32:12 PM
Signed: 6/9/2022 5:32:41 PM
Electronic Record and Signature Disclosure:

Accepted: 6/9/2022 5:32:12 PM
ID: 6aef8e23-d23b-4d77-9729-7777bd69a125
Dante Hall
[email protected]
City Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 66.7.246.210
Sent: 6/9/2022 5:32:43 PM
Resent: 6/13/2022 10:28:05 AM
Resent: 6/14/2022 9:15:54 AM
Resent: 6/15/2022 1:46:35 PM
Resent: 6/21/2022 11:04:03 AM
Resent: 6/22/2022 7:50:49 AM
Viewed: 6/22/2022 8:51:43 AM
Signed: 6/22/2022 8:54:06 AM
Electronic Record and Signature Disclosure:

Accepted: 6/22/2022 8:51:43 AM
ID: f6fb84b6-e518-4dab-ae87-759e9a264144
Donna Novitsky
[email protected]
Ceo, Yiftee
North Lake Tahoe Resort Association
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 76.21.115.113
Sent: 6/9/2022 5:32:44 PM
Viewed: 6/9/2022 10:34:35 PM
Signed: 6/9/2022 10:41:14 PM
Electronic Record and Signature Disclosure:

Accepted: 6/9/2022 10:34:35 PM
ID: 29eb49f3-d01e-48cd-9c8d-c565cc997507
85 Signer Events Signature Timestamp
Lauren Berges
[email protected]
City Clerk / Public Information Officer
City of Hercules
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Signed by link sent to [email protected]
Using IP Address: 66.7.246.210
Sent: 6/22/2022 8:54:08 AM
Viewed: 6/22/2022 9:36:33 AM
Signed: 6/22/2022 9:36:39 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Edwin Gato
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/22/2022 8:54:08 AM
Viewed: 6/22/2022 10:06:01 AM
Electronic Record and Signature Disclosure:

Accepted: 6/16/2022 6:20:52 PM
ID: 302f0287-edf5-47ea-9fba-4676cf5a901a
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/6/2022 2:07:21 PM
Certified Delivered Security Checked 6/22/2022 9:36:33 AM Signing Complete Security Checked 6/22/2022 9:36:39 AM
Completed Security Checked 6/22/2022 9:36:39 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
86 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Hercules (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 7/30/2020 6:36:10 PM Parties agreed to: Patrick Tang, Dante Hall, Donna Novitsky, Edwin Gato 87 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Hercules:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise City of Hercules of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Hercules
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Hercules
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
88 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify City of Hercules as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Hercules during the course of your relationship with City of Hercules.
89 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of February 28, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director/City Engineer SUBJECT: Update on the City of Hercules Public Works Department RECOMMENDED ACTION:

Receive an update on the City of Hercules Public Works Department

BACKGROUND:

The Public Works Department is, at its core, a service organization committed to enhancing the lives of residents and strengthening businesses through the management of public space. This consists of the design, construction, maintenance and operations of the built environment including the transportation network, City-owned buildings, sewer collection system, storm drain system, and City -owned parks. The Department also manages facets of public open space, including fire breaks, trees at the urban interface, and slope stability (i.e. landslides) as well as stream corridors.

With regards to resource levels, the Department consists of 12 employees and is organized into 2 Divisions : Maintenance & Operations (M&O) and Engineering. The Engineering Divi sion consists of an Associate Engineer, Management Analyst, and Inspector/Specialist while M&O is managed by the Superintendent who oversees 7 Maintenance Workers. The Public Works Director/City Engineer serves as the Department Head for both Divisions and reports to the City Manager.

M&O is responsible for maintaining and operating the City’s built infrastructure and open space. A typical day for a Maintenance Worker consists of opening a park restroom and picking up garbage and emptying the trash cans, then moving on to a daily assignment which could include filling potholes, building cabinets, tending to a sewer lift station, and 90 working with contractors on cleaning out storm drain inlets or maintaining the City’s landscaping.

Maintenance & Operations employees also serve as first responders to ensure roads remain open during natural disasters for emergency vehicles and evacuation s, potential flooding during storms is mitigated, and sanitary sewer overflows are addressed as quickly as possible to limit health and safety hazards.

The Engineering Division administers the Capital Improvement Program (CIP) for the planning, design and construction of new infrastructure such as street reconstructions and sewer line replacements ; performs traffic and transportation engineering including traffic calming, traffic impact studies, and regional transportation planning; and regulates private development to ensure orderly development and conformity to engineering standards through engineering plan checking and construction inspection . The Division also issues encroachment permits for work performed by private parties in the public right of way and administers the sewer lateral certificate program to reduce infiltration into the public sewer system and prevent backflows into private residences. State law requires the City Engineer who oversees engineering functions be licensed by the Department of Consumer Affairs.

ANALYSIS:

Through the latter part of December and January, Public Works was fully engaged in fighting the series of winter storms including unclogging inlets, removing fallen trees and limbs, clearing debris, and replenishing sand bags. It will take some time to address the longer-term impacts, including landslides and damage to retaining walls.

The new contract for janitorial services for public buildings is being processed. Once this work begins, dedicated janitorial services levels will be provided which will allow more consistent service levels while M&O staff will be fr eed up to work on the backlog of deferred facility maintenance work.

With the recent approval of funding, a rotational program for M&O employees will shortly be put in place during non -working hours to ensure staff is available to respond to emergencies and urgent issue. This will also allow the Superintendent to focus more on managing the Division.

Since Gogov – the City’s citizen request management program – has been implemented, M&O operations has received and responded to over 440 service requests.

The Sycamore Avenue Rehabilitation project was recently complete d and the Willow/Palm Sidewalk Project has been put out to bid, with groundbreaking anticipated to occur in Spring . Engineering staff has begun creating the draft Capital Improvement Program for FY 23-24 and it’s shaping up to be a robust year. 91 The Hercules Hub remains the Department’s top priority. A total of $12M in grant applications are being submitted and the design for the utility relocation phase of the project is advancing.

The Engin eering Division is also plan check ing multiple private development projects , including both on private property and in the City right of way . This includes the improvement plans for Loop Road which is located in the Village of the Bayfront Development and Ohlone Creek Way which is part of the Sycamore Crossing Project and will connect San Pablo Avenue to Sycamore Avenue in the vicinity of Aventine.

For calendar year 2022, Engineering issued 158 encroachment permits, the vast majority of which were issued to PG&E (103 total) and the East Bay Municipal Utility District (25 total). A total of 106 sewer lateral certificates were also issued during this period.

Studies and agreements are in various stages of development as well, including a sewer fund financial health assessment, ferry feasibility study, pavement management system update, Hercules Transit Center 3 -Party agreement update, and the conservation easement agreement with the John Muir Land Trust for The Hub. The status of these studies and agreements can be provided during the presentation and will be brought before City Council in the future for full consideration , once they’ve been sufficiently prepared.

The next several years will present a unique opportun ity for organizational change. The majority of the PW workforce, who have been with the City for decades , will likely retire in the next 5 years. Additionally, staffing levels and the Department’s organizational structure have remained unchanged since be ing reduced 40% a decade ago due to financial hardship . Meanwhile, evolving technologies, such as low maintenance LED streetlighting coupled with increasing regulations for sewer systems and stormwater runoff, are driving changes in priorities and the associated need to reallocate resources.

The changes needed for PW to be successful in the future are already underway. This year the Department swapped a vacant Maintenance Work I position for a Public Works Specialist/Inspector to provide for the consistent oversight of construction work in the field, including encroachment permits. As mentioned above, Council recently approved funding to implement an on-call program that will assign a Maintenance Worker to be on standby on a rotational basis to respond to urgent issues and emergencies during non - working hours.

However, much remains to be done. S uccession p lanning, staffing levels , and the potential changes to the Public Works organizational structure will all need to be carefully evaluated, planned, and then implemented to meet the demands of the future.

Fortunately, the City’s financial position has been steadily improving and staff remains optimistic about the future of the Department.

92 FISCAL IMPACT:

There is no fiscal impact associated with receiving this report.

ATTACHMENTS:

1. Presentation

93 Public Works Update
February 28 , 2023
94 Presentation Outline
I. Public Works Department Overview
II. Recent Accomplishments and Tasks on Hand
III.Focus Moving Forward Including Future
Challenges/Opportunities
95 Your Public Works
Team!
I. Public Works Department Overview
96 Public Works Organization Chart
97 Maintenance & Operations Division
Maintains and Operates:
• Sewer Collection System – 60 miles of underground piping, 6 lift stations, 9,000 sewer lateral
connections
• Streets – 60 center line miles of streets, approximately 100 miles of sidewalk, 11 traffic signals
• Parks, Street Landscaping & Urban Forests – 13 parks, street landscaping, Bay Trail & Refugio
Linear Trail, open space
• Facilities – City Hall, Senior Center, Library, Community Center Teen Center, Foxboro & Ohlone
Community Centers
• Storm Drain System – Needs to be inventoried
98 Engineering Division
• Administers 5-Year Capital Improvement Program
• Reviews Engineering Design of Private Development Projects • Issues Encroachment Permits, Grading Permits & Sewer Lateral Certificates
• Traffic Engineering & Calming
99 II. Recent Accomplishments and Tasks on Hand
Winter Storm Response & Follow-Up
100
GoGov – Since Startup on 03/22/2022
(Estimated)
Facilities total 104
Landscaping
Irrigation 40
Parks 25
Trees 93
Weed Abatement 29
Misc. 16
Landscaping Total 203
Streets
Striping / Pot Hole 32
Signs 10
traffic Signal 5
Street Sweeping 5
Streetlights 25
Storm Drains 6
Streets Total 83
Sewer 1
Sidewalks 24
Illegal Dumping 19
Graffiti 13
Maintenance Total 447
Engineering 43
Public Works Total 490
Open or Pending
Maintenance 49
Engineering 21
101
Solar Performance (First 10 months)
Energy Project Program Performance
Energy Program Highlights
• Solar production is exceeding projected pro-forma
values
• Solar production is trued-up annually
- Smooths monthly variation due to weather
• Project is projected to exceed pro-forma by
$12,775 in 12-month period (all energy measures) © ENGIE 2023 – INFRASTRUCTURE MODERNIZATION AND UTILITIES SAVINGS PARTNERSHIP 9 Actual Production Guaranteed Production
102
Sycamore Avenue Rehabilitation Project
CIP - Streets
103
CIP - Streets
• Annual Sidewalk
Repair Program
• Sidewalks For All
Users
• Willow Ave
Sidewalk
Project
104
Village Parkway Traffic Calming
CIP - Streets
105
CIP - Sewer
Sycamore Ave (Lower Trunk Main)
106
CIP - Building Facilities
• Community Swim
Center Gym
Floor
Replacement
• Community Swim
Center Safety
Fence
Replacement
• ADA Assessment
Improvement
107
CIP - Parks
• Children with
Disabilities
Swing Set
108
CIP - Parks
• Baywood Tree Replacement
• Beechnut Park
• Victoria Linear Park
109
The Hub
• $12M in Grant Applications
• Path To Transit –
Conservation
Easement
• Design of Utility Relocation
110
Private Development Snapshot –
Engineering Review • Willow Storage Facility
• Owl Ranch Residential
Development
• Franklin Canyon RV
Resort
• Sycamore Crossing
• America’s Tire Store
• Bayfront Development –
The Mint (Bloc
ks M&P)
and Bowl (Blocks ABDC)
• Hampton Inn
111
Encroachment Permits and Sewer Certificates
Encroachment Permits 2022
158 permits issued
 PGE = 103
 EBMUD = 25
 Others = 30
Privat
e Sewer Lateral Program 2022
 Total Sewer Laterals Certificates
Issued –
106
112
Streets –
Pavement
Study
113
Streets –
Pavement
Study
114
Streets – Pavement Study
115
Building Facilities Plan
In-House Assessment?
116
Parks Master Plan
Coming Soon!
117
III. Focus Moving Forward - Future Challenges/Opportunities Near-Term Projects/Programs:
• Delivery of The Hub
• Sewer Trunk Replacement
• Implementing Recommendations from the Park Master Plan • Pavement Management Program
Future Challenges
& Opportunities:
• Stormwater Program, Sanitary Sewer Program, Urban Forest, SB 1383 • Public Works Transition Plan
• Public Works Staffing Levels
• PW Organizational Structure
118
Thank you!
Questions?
Mike Roberts, PE
Public Works Director/City Engineer
Tel. (510 )799-8241
E-mail : [email protected]
119