Tuesday, October 10, 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 To watch or Listen only:
Zoom ID: 830 7022 5013
Zoom Passcode: 093708
Zoom Phone Number: 1-669-900-6833
October 10, 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 [7:00 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
1. 22-667 Filipino-American History Month Proclamation
Filipino American History Month Proclamation 2023Attachments:
IX. AGENDA ADDITIONS/DELETIONS
October 10, 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. 22-668 Ordinance of The City Council Of The City Of Hercules Amending The Hercules Municipal Code Title 3, Chapter 4, Article 12 To Specify Parking Restrictions In Designated Green Zones, And Clarifying Parking Time Limits in Designated Yellow Zones.
RECOMMENDATION:
Receive presentation, convene public hearing and take public comment, discuss, waive first reading and approve introduction of the proposed ordinance.
Staff Report - Amending HMC Parking to Establish Green Zones Attach 1 - Ordinance Amending HMC 3-4.1202 -Green Curbs Attachments:
XII. CONSENT CALENDAR
1. 22-658 Easements for the Sycamore Avenue Sewer Trunk Replacement Project
RECOMMENDATION:
The City Council approve purchase and sale agreements with the Coventry of Hercules Homeowners Association (HOA) and the McClures at 136 Camden Lane to acquire 2 easements for the Sycamore Avenue Sewer Trunk Replacement Project and authorize the City Manager to sign both agreements and associated deeds on behalf of the City Council.
Staff Report - Sewer Trunk Easements
Attach 1 - Resolution Sewer Trunk Easements
Attach 2 - Coventry HOA Agreement & Easement
Attach 3 - McClure Agreement & Easement
Exhibit - Sewer Easements
Attachments:
October 10, 2023City Council Meeting Agenda
2. 22-666 Accept the Investment Report for the Quarter Ending June 30, 2023 RECOMMENDATION:
Accept the Investment Report for the Quarter Ending June 30, 2023 Staff Report - Investment Quarterly Report Ending 06.30.2023 Attach 1 - Quarterly Investment Report
Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-671 Victoria by the Bay Landscaping and Lighting Assessment District - Authorize Proposition 218 Proceedings for the Purposes of Increasing Assessments in Fiscal Year 2024/25, Approve Preliminary Engineer’s Report, Declare City Council’s Intention to Levy and Collect Assessments for Fiscal Year 2024/25
RECOMMENDATION:
City staff is recommending City Council adopt the following resolutions:
a. A resolution authorizing Proposition 218 proceedings and directing the filing of the Fiscal Year (FY) 2024/25 Engineer’s Report for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1, pursuant to the Landscaping and Lighting Act of 1972; and
b. A resolution for the approval of the Preliminary Engineer ’s Report and declaring the City Council ’s intention to levy and collect assessments for Fiscal Year 2024/25 within the Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 and setting a public hearing for December 5, 2023.
Staff Report - Victoria by the Bay LLAD
Attach 1 - FY 2024/25 VBTB LLAD Resolution of Initiation Attach 2 - FY 2024/25 VBTB LLAD Resolution of Intention Attach 3 - FY 2024/25 VBTB Preliminary Engineer's Report Attachments:
October 10, 2023City Council Meeting Agenda
2. 22-670 Review of the Comprehensive User Fee Study
RECOMMENDATION:
Staff recommends that the City Council:
1. Receive report from Staff and Revenue & Cost Specialist (RCS).
2. Review and discuss staff recommendations for changes to the City ’s Master Fee Schedule for fiscal year 2023-24 based on the completed user fee analysis.
3. Provide Staff with direction on cost recovery objectives and the recommended fee proposals.
Staff Report - Comprehensive User Fee Study
Attach 1 - Hercules Cost of Services Study - Final Report 08.09.2023 Presentation - Hercules Fee Study
Attachments:
3. 22-669 Approve a resolution to enter into a ten-year Master Agreement with Caltrans for Transit and Intercity Rail Capital Program (TIRCP) Funding.
RECOMMENDATION:
Adopt a resolution approving a ten-year Master Funding Agreement with Caltrans to receive Transit and Intercity Rail Program (TIRCP) Funding and authorizing the City Manager to execute the Master Agreement on behalf of the City.
Staff Report - TIRCP Master Agreement Reso
Attach 1 - TIRCP Master Agreement Resolution
Attach 2 - TIRCP MA Template DLA
Attachments:
4. 22-675 Lease Agreement with AT&T Mobility - Communication Tower on Wheels at 111 Civic Drive
RECOMMENDATION:
Approve the draft Site Lease agreement, Attachment 1, between the City of Hercules and AT&T Mobility and authorize the City Manager to execute all related site lease documents that are substantially similar to the approved draft.
Staff Report - AT&T Cell on Wheels
Attach 1 - Site Lease
Attahc 2 - Resolution - AT&T Cell on Wheels
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.
October 10, 2023City Council Meeting Agenda
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.
1. Regional Committees
2. City Council Committees and Subcommittees
3. Commission Liaisons
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, October 24, 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 City Clerk at (510) 799-8200 (Posted: October 6, 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.
October 10, 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: At this time remote public comment is suspended and will not be accepted. To watch and listen only.
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.
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. As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. 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.
October 10, 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.
October 10, 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.