Tuesday, June 13, 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, City Clerk
Meeting Agenda
In-Person in Council Chambers or
Zoom ID: 820 5722 7544
Zoom Passcode: 991542
Zoom Phone Number: 1-669-444-9171
June 13, 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 – CONVENE TO OPEN SESSION - ROLL CALL [7:00P.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
1. 22-563 Proclamation Recognizing June 19, 2023 As Juneteenth Proclamation - Juneteenth 2023Attachments:
2. 22-564 I-80 Pavement Rehabilitation Project
Presentation- Caltrans I-80 Pavement Rehabilitation ProjectAttachments:
IX. AGENDA ADDITIONS/DELETIONS
June 13, 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
1. 22-565 Public Hearing on Proposed FY 2023-24 City of Hercules Annual Budget Plan including the First Year of the
Ten-Year 2023-2033 Capital Improvement
Plan(CIP) Budget
RECOMMENDATION:
Open the Continued Public Hearing, receive a Staff Report, Take Public Testimony, Close the Public Hearing, and Adopt the following resolutions (Attachments 1-3):
1. Approving the FY 2023-24 City of Hercules Budget Plan which includes the First Year (2023-24 Fiscal Year) of the Ten -Year (2023-2033 Fiscal Years) Capital Improvement Plan (CIP) Budget and making certain designations and fund balance adjustments, approving annual contracts for services in a total amount of $4,918,162.
2. Approving the FY 2023-24 Hercules Public Financing Authority Budget Plan Consisting of Debt Service in the amount of $2,025,414.
3. Establishing the Appropriations Limit for the FY 2023-24 in accordance with Proposition 111 and Article XIII B.
Staff Report - Budget Public Hearing & Adoption
Attach 1 - Resolution City Budget FY 2023-24
Attach 2 - Resolution PFA FY 2023-24
Attach 3 - Resolution GANN Limit FY 2023-24
Attach 3.A - GANN Limit Calculation
Attach 4 - FY 23-24 ANNUAL BUDGET_ELECTRONIC
Attachments:
June 13, 2023City Council Meeting Agenda
2. 22-566 Design Review Permit (DRP #23-02) to relocate the existing on-street garbage pick-up location for The Exchange on John Muir Pkwy.
RECOMMENDATION:
That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing;
3. Invite the applicant to make a presentation or statement;
4. Receive comments from the public;
5. Offer the applicant or their consultant team the opportunity to answer questions;
6. Close the public hearing;
7. Request clarification from staff or the applicant on any issues related to the project;
8. Take one of the following actions:
a. Approve the Resolution approving the Design Review Permit (Attachment 1), making any desired modifications to the findings for approval; or
b. Continue the item and provide direction to staff to prepare findings for denial; or
c. Refer the matter back to the Planning Commission for further consideration, in which case the referral shall be investigated as advisable and conclusions reported back to the Commission or Council.
Staff Report - DRP 23-02 - 2525 Bayfront Blvd -Relocation of Garbage Pickup Attach 1 - CC Resolution
Attach 2 - Republic Services correspondence
Attach 3 - Resolution 17-02 Signed
Attach 4- DRP 17-02 Design Review Facts and Findings
Presentation
Attachments:
3. 22-567 Mandatory Garbage/Solid Waste Disposal - Delinquent Accounts RECOMMENDATION:
Conduct a Public Hearing and upon conclusion, consider adopting a Resolution confirming the report of delinquent accounts and placing liens on said properties and special assessments upon property taxes pursuant to City of Hercules Municipal Code Section 5-2.01 to 5-2.16, Mandatory Garbage/Solid Waste Disposal.
Staff Report - Garbage Liens 6-13
Attach 1- Resolution
Attach 2 - May- December 2022(October batch)
Attach 3 - January-March 2023
Attach 4 - Hercules Cover Letter
Attachments:
June 13, 2023City Council Meeting Agenda
XII. CONSENT CALENDAR
1. 22-560 Meeting Minutes for the Regular Meeting on May 23, 2023 Meeting Minutes for the Regular Meeting on May 23, 2023Attachments:
2. 22-561 Establishment of Pre-Qualified Vendor lists through June 2026 RECOMMENDATION:
Staff recommends the Council approve a resolution approving pre-qualified vendor lists for planning and engineering services through June 2026, based on qualifications received in response to the City’s February 2023 Request for Qualifications.
Staff Report - Establishing Pre-Qualified Vendor Lists - Planning Engineering Services Attach 1 - Resolution Establishing Pre-Qualified Vendor Lists Attach 2 - Pre-Qualified Vendors - Planning Services
Attach 3 - Pre-Qualified Vendors - Engineering Services Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-569 Amendment No.2 with Gray Bowen Scott for a Not to Exceed Amount of $312,169 to Provide Project Management and Advance the Funding Plan for The Hub for a Total Not to Exceed Contract Amount of $902,501
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute Amendment No.2 with Gray Bowen Scott (GBS) for a not to exceed amount of $312,169 to continue project management and advance the funding plan for The Hub for a total not to exceed contract amount of $902,501.
Staff Report - GBS Amendment Staff Report
Attach 1 - GBS Reso
Attach 2 - Amendment No.2
Attach 3 - GBS Team Key Staff Bios
Attachments:
June 13, 2023City Council Meeting Agenda
2. 22-570 Expiration of Solid Waste Collection Franchise Agreement in 2025 and Discussion Regarding Potential Strategies Moving Forward Recommendation:
Receive a report from staff regarding the expiration of the City’s solid waste collection franchise agreement with Republic Services in 2025 and discuss potential strategies for solid waste collection services moving forward including securing the services of a solid waste consultant to provide expertise and strategic guidance.
Staff Report - Franchise Agreement
Attach 1 - Republic Letter 05112023
Attach 2a - Republic Letter 06052023
Attach 2b - Republic CASP Presentation
Attach 3 - Republic Franchise Agreement
Attachments:
3. 22-571 Business Attraction Grant Program
RECOMMENDATION:
Staff recommends that the City Council approve a resolution approving the establishment of a pilot business attraction grant program and approving the business attraction program guidelines.
Staff Report - Business Attraction Grants
Attach 1 - Resolution
Attachments:
4. 22-572 "Eat Local Hercules” Catering Incentive
RECOMMENDATION:
Staff recommends that the City Council approve by minute order the Eat Local Hercules program guidelines and adopt a resolution approving the second amendment to an agreement with the Yiftee Digital Gift Card program in the amount of $50,000 to establish the Eat Local Hercules catering incentive program.
Staff Report - Eat Local Hercules Catering Incentive
Attach 1 - Resolution
Attach 2 - Second Amendment to the Original Agreement
Attach 3 - First Amendment to the Original Agreement
Attach 4 - Original Agreement
Attach 5 - Large Employers List
Attachments:
June 13, 2023City Council Meeting Agenda
5. 22-568 Adopt a Resolution authorizing Council Members not currently enrolled in the ICMA deferred compensation plan to participate in the plan to provide parity among Council Members.
RECOMMENDATION:
Staff recommends the following:
1. Adopt a Resolution authorizing Council Members not currently enrolled in the ICMA deferred compensation plan to participate in the plan to provide parity among Council Members.
2. Discuss and provide directions to staff for a possible salary increase.
Staff Report - City Council Compensation Report
Attach 1 - Resolution
Attach 2 - City Council Compensation Comparison with surrounding cities Attach 3 - City Council Monthly Pay & Benefits
Attach 4 - Resolution 11-119 Terminate PERS Benefit
Attach 5 - RES.17-054-Reinstating Limited Health Care Benefits for City Council Members 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
June 13, 2023City Council Meeting Agenda
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, June 27, 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: June 8, 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.
June 13, 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.
June 13, 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.
June 13, 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.