Agenda Packet — Hercules City Council, January 23, 2024

IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING

PARTICIPATION
Due to concerns with security of the Zoom format, effective October 10, 2023, Remote Public Comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

How to Participate:

IN PERSON: Members of the public are invited to attend and participate in Person: City of Hercules Council Chambers, 111 Civic Drive, Hercules, CA. 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 +1-669-444-9171.

Zoom Webinar ID: 824 9273 1099 Zoom Passcode: 683606
EMAIL: Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection and

3. inserted into the 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.
1 Tuesday, January 23, 2024
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Dan Romero
Vice Mayor Dion Bailey
Council Member Alex Walker-Griffin
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: 824 9273 1099
Zoom Passcode: 683606
Zoom Phone Number: 1-669-444-9171
2 January 23, 2024City 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 - NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS - NONE
III. CONVENE INTO CLOSED SESSION - NONE
The Hercules City Council will meet in Closed Session regarding the following:

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
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
The City of Hercules Would like to Recognize the following for the Month of February:

Black History Month - February 1st, 2024
National Freedom Day - February 1st, 2024
Chinese Lunar New Year - February 10th, 2024
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

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.

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3 January 23, 2024City Council Meeting Agenda
XI. PUBLIC HEARINGS

1. 22-748 Zoning Code amendments to implement the State law pertaining to emergency shelters and low barrier navigation centers. Amendments to Hercules Municipal Code (Table 13-6.1), Chapter 13-35 (Sec.13-35.258. Emergency Shelters), and Chapter 13-60 Definitions, pursuant to California Assembly Bill 2339. Amendments to Hercules Municipal Code (Table 13-12.1,13-15.1 and 13-18.1), Chapter 13-35 (Sec.13-35-260, Family Day Care Homes, proposed to be modified to Low-Barrier Navigation Centers), and Chapter 13-60. Definitions, pursuant to California Assembly Bill 101.

RECOMMENDATION:

Staff
recommends that the City Council approve the proposed ordinance amendments, which, consistent with State law requirements, generally accomplish the following:
· Update Hercules Municipal Code pursuant to State law, including:
o Add Emergency Shelters as a Permitted (P) Land Use in RM-L Residential Multifamily Low Density Zoning Districts Table 13-6.1.
o Modify emergency shelter objective standards in Sec.13-

35.258
o Modify the “Emergency Shelters” definition in Chapter 13-60 Definitions.
o Add Low-Barrier Navigation Center as a Permitted (P) Land Use to Historic Town Center District (HTC) Table 13-12.1, Planned Commercial Residential Mixed-Use District (PC-R) Table 13-15.1 and New Town Center District (NTC) Table 13-

18.1. o Delete Sec.13-35.260. Family Day Care Homes and replace with Sec.13-35-260 Low-Barrier Navigation Center.
o Add “Low-Barrier Navigation Centers” definition to Chapter 13 -60 Definitions.

Staff Report - Emergency Shelter - Low Barrier Nav Code Update Attach 1 - Draft Ordinance- Emergency Shelters - Low Barrier Nav Attach 2 - HCD Review of Draft Housing Element
Attachments:

XII. CONSENT CALENDAR

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4 January 23, 2024City Council Meeting Agenda
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-750 Development Update
RECOMMENDATION:

Receive a report from staff on the status of major development projects, take public comment, and ask any questions of staff or applicants present. This item is for information only.

Staff Report - Development Update
Presentation - Development Update
Attach 1 - Ledcor Affordable Housing Accommodation Request Attachments:

2. 22-751 Professional Services Agreement with Gates & Associates in the amount of $76,450 for the Refugio Valley Park Area and Shade Structure Improvement Project
RECOMMENDATION:

Adopt a Resolution approving a professional services agreement with Gates & Associates in the amount of $76,450 for the Refugio Valley Park Picnic Area and Shade Structure Improvement Project and authorizing the City Manager to execute the agreement on behalf of the City Council.

Staff Report - Refugio Valley Park Picnic Area & Shade Structure Improvements Attach 1 - Resolution - Refugio Valley Park Picnic Areas & Shade Structures Improvements Attach 2 - 24-003-CM Gates+Associates Service Agreement - Refugio Valley Park Attach 2a - Hercules Resumes
Attach 2b - Company Profile - Hercules
Attachments:

3. 22-752 Professional Services Agreement with SERA Architecture in the amount of $57,918 for the Police Lobbies Security Improvement Project and Appropriation of $57,918 from the Asset Seizure Fund to fully fund the Agreement
RECOMMENDATION:

Adopt a Resolution approving a professional services agreement with SERA Architecture in the amount of $57,918 for the Police Lobbies Security Improvement Project, appropriating $57,918 from the Asset Seizure Fund to fully fund the Agreement, and authorizing the City Manager to execute the agreement on behalf of the City Council.

Staff Report - Police Lobbies Security Improvement Design Contract Attach 1 Resolution - Police Lobbies Security Improvement Design Contract Attach 2 - 24-002-CM - SERA Architecture Services Agreement Hercules Police Lobbie Attach 2a - QUALS - City of Hercules Resumes - 010924
Attachments:

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5 January 23, 2024City Council Meeting Agenda

4. 22-753 Library Starry Cone Leak - DIscuss Options and Recommendation to Approve Amendment N0. 1 with SERA Architecture in the amount of $71,963 to Design a Permanent Repair, for a not-to-exceed total contract amount of $81,369.

RECOMMENDATION:

Discuss options to address the Hercules Library Starry Cone leak and adopt a resolution approving Amendment No.1 with SERA Architecture in the amount of $71,963 to design a permanent repair, for a not-to-exceed total contract amount of $81,369 and authorizing the City Manager to execute the Amendment on behalf of the City Council.

Staff Report - Starry Cone Leak
Attach 1 - Resolution - Story Cone Leak
Attach 2 - Amend #1 23-067-CM SERA Design Contract Amendment 1 Attach 3- 23-067-CM SERA Design Contract Amendment 1
Attach 3a - Quals-City of Hercules Resumes-010924
Attach 4a - Story Cone Testing_Memo_1112023
Attach 4b - Hercules Library Story Cone Markups
Attachments:

5. 22-754 Consider Approval of a Resolution Authorizing the City Manager to Enter into an Agreement with the Hercules Historical Society to Extend the Trailer Acquisition and Lease Agreement; and Review and Provide Direction Regarding a Policy for Lease of City Properties. RECOMMENDATION:
1) 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 (5) year extension. A lease provision providing for payment by HHS of an annual amount of $100 to cover utility costs is included as an option for Council to consider.
2)Review and discuss a draft Lease Policy and provide direction to staff.

Staff Report - Historical Society Trailer Lease Extension Attach 1A - Staff Report May 9, 2023 - Historical Society Trailer Lease Extension Attach 1B - Staff Report February 14, 2023 - HHS Trailer Lease Extension Attach 2 - February 2023 Interim Month-to-Month Lease HHS Attach 3 - FIRST AMENDMENT TO TRAILER ACQUISITION and LEASE AGREEMENT Attach 4 - Resolution Authorizing Amendment to Trailer Acquisition and lease Agreement with HHS Attach 5 - DRAFT - Public Property Lease Policy
Attachments:

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6 January 23, 2024City Council Meeting Agenda

6. 22-737 Authorization to Establish a Volunteer “Team Up to Clean Up Hercules” Pilot Program
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt a resolution establishing a six-month Volunteer “Team Up to Clean Up Hercules” Pilot Program; and

2. Appropriate $1,500 from the FY 2023-2024 General fund for the pilot program expenditures, or

3. Provide alternative directions.

Staff Report - Establishment of the Team Up to Clean Up Community Volunteer Pilot Program Attach 1 - Resolution Authorizing “TEAM UP TO CLEAN UP HERCULES” Pilot Program Attach 2 - Draft “TEAM UP TO CLEAN UP HERCULES” Pilot Program Guidelines Attach 3 - Liability Waiver
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 Committee

2. City Council Committees and Subcommittees

3. Commission Liaisons
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, February 13, 2024 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: January 18, 2024)

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7 January 23, 2024City Council Meeting Agenda

INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING

COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.

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 email 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.

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8 January 23, 2024City 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.

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9 January 23, 2024City 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.

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10 PUBLIC HEARINGS

AGENDA ITEM

1. 22-748

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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director Larissa Alchin, Contract Planner
Christie Crowl, Assistant City Attorney
SUBJECT: Zoning Code amendments to implement the State law pertaining to emergency shelters and low barrier navigation centers. Amendments to Hercules Municipal Code (Table 13 -6.1), Chapter 13-35 (Sec.13-

35.258. Emergency Shelters), and Chapter 13 -60 Definitions, pursuant to California Assembly Bill 2339. Amendments to Hercules Municipal Code (Table 13-12.1,13-15.1 and 13-18.1), Chapter 13-35 (Sec.13-35-260, Family Day Care Homes, pr oposed to be modified to Low-Barrier Navigation Center s), and Chapter 13 -60 Definitions, pursuant to California Assembly Bill 101.

RECOMMENDED ACTION:

Staff recommends that the City Council approve the proposed ordinance amendments, which, consistent with State law requirements, generally accomplish the following:
 Update Hercules Municipal Code pursuant to State law, including:
o Add Emergency Shelters as a Permitted (P) Land Use in RM-L Residential Multifamily Low Density Zoning Districts Table 13-6.1.
o Modify emergency shelter objective standards in Sec.13-35.258 o Modify the “Emergency Shelters” definition in Chapter 13-60 Definitions. o Add Low-Barrier Navigation Center as a Permitted (P) Land Use to Historic Town Center District (HTC) Table 13 -12.1, Planned Commercial Residential Mixed-Use District (PC-R) Table 13-15.1 and New Town Center District (NTC) Table 13-18.1.
o Delete Sec.13-35.260. Family Day Care Homes and replac e with Sec.13- 35-260 Low-Barrier Navigation Center.
22-748
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o Add “Low -Barrier Navigation Centers” definition to Chapter 13 -60 Definitions.

EXECUTIVE SUMMARY:

This staff report evaluates the amendments necessary for the City of Hercules to be in compliance with California Assembly Bills No. 2339 (AB 2339) and No. 101 (AB 101), both enacted to address the homelessness crisis in the State. The City of Hercules must enact amendments to zoning regulations, land use tables, and definitions to align with the provisions of AB 2339 and AB 101. These changes will enable the City to address homelessness effectively while ensuring compliance with State legislation.

BACKGROUND:

California Assembly Bill No. 2339 (AB 2339) – Emergency Shelters

AB 2339 amends Sections 65583 and 65863 of the Government Code relating to land use, effective January 1, 2023. The bill revises the requirements of the housing element in connection with zoning designations that allow residential use, including mixed -use, where emergency shelters are allowed as a permitted use without a conditional use or another discretionary permit such as an administrative use permit. The bill deletes language regarding emergency shelter standards in relation to residential and commercial developments and instead requires that emergency shelters only be subject to specified written, objective standards.

AB 2339 uses the definition for emergency shelters found in the Health and Safety Code (HSC) Section 50801 , which defines “Emergency shelter” as “housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.” The bill also specifies that emergency shelters shall include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.

AB 2339 requires the City to identify zoning designations where emergency shelters are a permitted use and which include sites that meet at least one of the following prescribed standards:

1. Vacant and zoned for residential use;

2. Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements are located near amenities and services that serve people experiencing homelessness, which may include health care, 13

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transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite; or

3. Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.

The bill also require s that Emergency Shelters, a category that includes other interim interventions, including but not limited to navigation center s, bridge housing, and respite or recuperative care, shall only be subject to the following written, objective standards:

 The maximum num ber of beds or persons permitted to be served nightly by the facility.
 Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.  The size and location of exterior and interior onsite waiting and client intake areas.  The provision of onsite management.
 The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
 The length of stay.
 Lighting.
 Security during hours that the emergency shelter is in operation.

California Assembly Bill No. 101 (AB 101) – Low Barrier Navigation Centers

AB 101 was signed into law in 2019 to address the growing homelessness crisis in California. AB 101 creates a particular category of homeless shelters called “Low Barrier Navigation Centers” (LBNC), the development of which is a “use by right” in areas zoned for mixed-use and nonresidential zones permitting multifamily uses if it meets specified requirements. “Use by right ” or “Permitted” use means that the development is ministerially approved through a streamlined process and exempt from review under the California Environmental Quality Act. An LBNC is unique from other homeless shelters , as it is a Housing First, low -low barrier, service-enriched shelter focused on moving people into permanent housing while providing temporary living facilities and connecting individuals to basic resources and services such as income, public benefits, and health services.
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“Low barrier” means best practices to reduce barriers to entry and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Allowing of pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

The bill requires an LBNC to be a use by right in areas zoned for mixed -use and nonresidential zones permitting multifamily uses if it meets specified requirements, including:

 Connected Services: It offers services to connect people to permanent housing through a services plan that identifies services staffing.  Coordinated Entry System: Use of a coordinated entry system (i.e. Homeless Management Information System).
 Code Compliant: Use of Housing First according to Welfare and Institutions Code section 8255. (Gov. Code Section 65662.)
 Homeless Management Information System: It has a sys tem for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

DISCUSSION:

AB 2339

On June 2, 2023, the Department of Housing and Community Development (HCD) provided comments to the city following a review of the City of Hercules 6th Cycle (2023- 2031) Revised Draft Housing Element. HCD noted they could not find the housing element in compliance until it demonstrates that a zone with sufficient capacity is available to permit emergency shelters without discretionary action.

Therefore, following guidance from HCD, HMC Chapter 13-6 Residential Districts (Table 13-6.1) shall be amended to allow Emergency Shelters as Permitted Use (P) in the Residential Multifamily Low Density (RM-L) zoning district requiring no subjective review, hearing, or noticing.

Additionally, the definition of “Emergency Shelters” within HMC Chapter 13-60 Definitions shall also be amended to the following:

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“Emergency Shelters” shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters shall include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.

Emergency shelter o bjective standards contained in HMC Sec. 13 -35.258 generally comply with the requirements of AB 2339, except for number 5, which states.

An emergency shelter operations/management plan shall be prepared and shall be subject to the review and approval of the Community Development Director, or their designee. Such plan shall include provisions for staff training, neighborhood outreach, adequate security measures to protect shelter residents and surrounding uses, screening of clients to ensure compatibility with proposed services provided, counseling (particularly for assisting in finding permanent housing and a source of income), training and treatment programs for clients, drug and alcohol dependency referrals, and an exit strategy.

Under State law, emergency shelters may only be subject to the development and management standards th at apply to residential or commercial development within the same zone, except that a local government may apply written, objective standards that include all of the following:

 Maximum number of beds or persons permitted to be served nightly by the facility.  Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.  Size and location of exterior and interior on-site waiting and client intake areas.  Provision of on-site management.
 Proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
 Length of stay.
 Lighting.
 Security during the hours that the shelter is in operation.

Emergency shelter standards must be objective, encourage and facilitate shelter approval, and may not be applied in a manner that renders shelter development infeasible. As such, HMC Sec. 13 -35.258(5) shall be delet ed as it is not objective and goes beyond the provisions of on-site management.

Concurrently, staff recommends replacing HMC Sec. 13 -35.258(5) with a new parking standard in compliance with AB 2339.

The emergency shelter shall provide on-site parking at a rate of one (1) space per 1,000 square feet of gross floor area or one (1) space per employee, provided that 16

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the standard does not require more parking for emergency shelters than other residential or commercial uses within the same zone.

AB 101

To comply with AB 101 , all mixed-use and nonresidential zones permitting multifamily shall be amended to allow Low-Barrier Navigation Centers as a Permitted (P) Land Use.

The zoning districts subject to the requirement include all commercial and residential mixed-use districts that currently permit multifamily residential: (1) Historic Town Center District (HTC), (2) Planned Commercial Residential Mixed -Use District (PC -R), and (3) New Town Center District (NTC). Hercules has no nonresidential zoning districts permitting multifamily, with approval of an Administrative Use Permit or Conditional Use Permit; therefore, no changes are required to existing nonresidential zones.

As a result, Historic Town Center District (HTC) Table 13 -12.1, Planned Commercial Residential Mixed -Use District (PC -R) Table 13 -15.1, and New Town Center District (NTC) Table 13-18.1. Land Use Regulations tables will be amended to add Low -Barrier Navigation Centers as a Permitted (P) land use, requiring no subjective review, hearing, or noticing. The amendment will also add a cross -reference to Chapter 13 -35 Specific Land Use Requirements in those tables.

The proposed amendment will delete the Specific Land Use Requirements related to Family Day Care Homes found in Sec. 13-35.260, which are no longer applicable, according to the Keeping Kids Close to Home Act and previous zoning amendments adopted on January 10, 2023, and replace them with Low-Barrier Navigation Center standards below.

Sec. 13-35.260 Low-Barrier Navigation Center
A low-barrier navigation center located within a zoning district in which it is allowed shall operate in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

1. Permit Required. A planning permit is required prior to establishment of any low-barrier navigation center project. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to 17

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California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.

2. Development and Operational Standards. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Lastly, a definition of “Low-Barrier Navigation Centers” will be added within HMC Chapter 13-60 Definitions section as follows:
“Low-Barrier Navigation Centers” shall mean a housing-first, low-barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
18

Page 8 of 8 ends

(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ENVIRONMENTAL DETERMINATION
Pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA in that this ordinance is not a “project” within the meaning of Section 15378 of the CEQA Guidelines, because it is an administrative activity, has no potential for resulting in physical change in the environment, as the amendments address the process by how development applications are processed and reviewed and does not itself encourage physical development; and this ordinance is not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

ATTACHMENTS:

Staff Report - Emergency Shelters and Low Barrier Navigation Centers Attach 1 – Draft Ordinance
Attach 2 – HCD Review of Draft Housing Element dated June 2, 2023

19 Ordinance No.

Page 1 ends

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE (TABLE 13 -6.1), CHAPTER 13 -35 (SEC.13-35.258. EMERGENCY SHELTERS), AND CHAPTER 13 -60 DEFINITIONS, PURSUANT TO CALIFORNIA ASSEMBLY BILL 2339, AND AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE (TABLE 13-12.1,13-15.1 AND 13-18.1), CHAPTER 13-35 (SEC. 13 -35.260. LOW -BARRIER NAVIGATION CENTER S), AND CHAPTER 13-60 DEFINITIONS, PURSUANT TO CALIFORNIA ASSEMBLY BILL 101.

WHEREAS, on September 28, 2022, Assembly Bill 2339 was approved by the Governor of the State of California and filed with the Secretary of State, amending Sections 65583 and 65863 of the Government Code relating to land use, spec ifically amending State Housing Element Law regarding the identification of zones and sites for emergency shelters; and

WHEREAS, the changes made to the Government Code by Assembly Bill 2339 took effect on January 1, 2023; and

WHEREAS, Assembly Bill 2339 applies to housing elements or amendments to the housing element prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the Department for review pursuant t o Section 65585 more than 90 days after the effective date of the amendment; and

WHEREAS, the City of Hercules submitted its third revised draft Housing Element update for the 6 th Cycle (2023 -31) to the California Department of Housing and Community Development for review on November 13, 2023; and

WHEREAS, Assembly Bill 2339 requires local jurisdictions to identify zoning designations where emergency shelters are a permitted use without a conditional use or another discretionary permit; and

WHEREAS, Assembly Bill 2339 allows local agencies to impose only objective standards consistent with the bill’s provisions; and

WHEREAS, on July 31, 2019, Assembly Bill 101 was approved by the Governor of the State of California and filed with the Secretary of S tate, amending Sections 30035.7, 65400, 65585, and 65913.4 of, to add Sections 65589.9 and 65589.11 to, and to add and repeal Article 12 (commencing with Section 65660) of Chapter 3 of Division 1 of Title 7 of, the Government Code, to amend Sections 50199. 8, 50517.5, 50517.6, 50517.7, 50650, 50650.3, 50650.4, 50843.5, and 53545.13 of, to add Chapter 6 (commencing with Section 50216) to Part 1 of Division 31 of, to add Chapter 3.1 (commencing with Section 50515) to Part 2 of Division 31 of, and to add and Pa rt 12.5 (commencing with Section 53559) to Division 31 of, the Health and Safety Code, to add Sections 75218.1 and 75244 20 Ordinance No.

Page 2 ends

to the Public Resources Code, to amend Sections 12206, 17058, 17561, 23610.5, and 24692 of the Revenue and Taxation Code, and to amend Section 8256 of the Welfare and Institutions Code, relating to housing; and

WHEREAS, the changes made to the Government Code by Assembly Bill 101 took effect immediately; and

WHEREAS, Assembly Bill 101 creates a special category of homeless shelters called “Low Barrier Navigation Centers ,” the development of which is a “use by right” in areas zoned for mixed -use and nonresidential zones permitting multifamily uses if it meets specified requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER CULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby incorporates the above recitals into this Ordinance by this reference.

SECTION 2. ENVIRONMENTAL REVIEW. Under Public Resources Code Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA in that this ordinance is not a “project” within the meaning of Section 15378 of the CEQA Guidelines, because it is an administrative activity has no potential for resulting in physical change in the environment, as the amendments address the process by how development applications are processed and reviewed and does not itself encourage physical development; and this ordinance is not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as such the adoption of the ordinance is exempt from CEQA.

SECTION 3. AMENDMENTS. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code Title 13, to read as follows:

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Residential
Single-Family Home A A C C —
Duet (Single-Family Attached) — — A A —
Duplex — — A A —
Multifamily Dwelling — — C C C
21 Ordinance No.

Page 3 ends

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Townhouse/Condominium — — C C C
Two-Unit Development P P — — — Chapter 13-36
Mobile Home A A A A —
Accessory Uses and Structures A(1) A(1) A(1) A A Section 13-

35.210

Rooming and Boarding Houses
(4 or less people)
A A A C —
Rooming and Boarding Houses
(5 or more people)
— — C C —
Family Daycare (14 or fewer
children)

P P P P P

Accessory Dwelling Unit P P P P P Section 13-

35.320

Senior Housing C C C C C
Emergency Shelter — — P — — Section 13-

35.258
Single-Room Occupancy Units — — — — —

Supportive Housing (Apartment
Type)
— — P P P
Supportive Housing (Residential
Care Facility Small Type)

A A P P P
Supportive Housing (Residential
Care Facility Large Type)
— — P P P
Residential Care Facility (6 or
fewer residents)
A A A A —
22 Ordinance No.

Page 4 ends

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Residential Care Facility (7+
residents)
— — — C C
Transitional Housing (Apartment
Type)
— — A A C
Transitional Housing (Residential
Care Facility Small Type)
A A C C —
Transitional Housing (Residential
Care Facility Large Type)

A A C C C
Commercial Uses
Home Occupation A A A A A Section 13-

35.270
Bed and Breakfast Inns C C C C — Section 13-

35.250
Public and Quasi-Public Uses
Clubs and Lodges — — C C C
Libraries, Museums and Galleries — — C C C
Park and Recreation Facilities A A A A A
Public Safety Facilities A A A A A
Religious Assembly C C C C C
Schools, Public or Private C C C C —
Utility Facilities C C C C —

Key to Land Use Regulations
A Administrative Use Permit Required
23 Ordinance No.

Page 5 ends

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
C Conditional Use Permit Required
DR Design Review Required
P Permitted Use
— Use Not Allowed
(1)Single story detached accessory structures under 120 square feet total on site are exempt from use permit requirements.

Table 13-12.1 Land Use Regulations: HTC Historic Town Center HTC See Also
Commercial Uses
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
Grocery and/or Liquor C
Home Occupation A
Bed and Breakfast Inn/Hotel C
Outdoor Retail Sales and Services
Permanent C
Temporary A
Recreation and Entertainment C
Restaurants, Delicatessens and Bars A
With Liquor Service C
24 Ordinance No.

Page 6 ends

Table 13-12.1 Land Use Regulations: HTC Historic Town Center HTC See Also
Services and Offices
Banks and Other Financial Services A
Business and Personal Services A
Business and Professional Offices A
Residential Uses
Caretaker, Guest and Employee Housing A
Multifamily Dwelling A
Townhouse/Condominium A
Planned Unit Development A
Rooming and Boarding Houses C
Family Daycare Home (14 or fewer children) P

Senior Housing C
Single-Room Occupancy Units C Section 13-35.332
Supportive Housing (Apartment Type) P
Transitional Housing (Apartment Type) A
Low Barrier Navigation Center P Section 13-35.260

Public and Quasi-Public Uses
Daycare Facilities (for employees, visitors
and passengers)
A
Government Offices A
Libraries, Museums and Galleries A
25 Ordinance No.

Page 7 ends

Table 13-12.1 Land Use Regulations: HTC Historic Town Center HTC See Also
Park and Recreation Facilities A
Public Safety Facilities C

Accessory Uses and Structures A(1)

Key to Land Use Regulations
A Administrative Use Permit Required
C Conditional Use Permit Required
P Permitted Use
(1) Facility or use is directly related to the primary use of site.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Commercial Uses
Home Occupation A
Recreation and Entertainment C
Retail Sales
Outdoor Sales C
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
26 Ordinance No.

Page 8 ends

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Restaurants and Delicatessens A
With Liquor Service C
Shopping Centers C
Services and Offices
Athletic Clubs C
Business Services A
Hotel C
Offices and Banks A
Personal Services A

Residential Uses
Accessory Dwelling Unit P Section 13-35.320
Caretaker, Manager and Employee Housing A
Family Daycare Home (14 or fewer children) P

Live-Work Units A
Multifamily Dwellings A
Townhouse/Condominiums A
Planned Unit Development A
Supportive Housing (Apartment Type) P
Transitional Housing (Apartment Type) A
Low Barrier Navigation Center P Section 13-35.260
27 Ordinance No.

Page 9 ends

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Public and Quasi-Public Uses
Daycare Facilities (for employees and visitors) A
Government Offices A
Libraries, Museums and Galleries A
Public Safety Facilities A
Urgent Medical Care C
Utility Facilities C

Accessory Uses and Structures A(1)

Key to Land Use Regulations
A Administrative Use Permit Required
C Conditional Use Permit Required
P Permitted Use
(1)Facility or use is directly related to the primary use of site.

Table 13-18.1 Land Use Regulations: NTC District
NTC
Commercial Uses
Recreational Facilities
28 Ordinance No.

Page 10 ends

Table 13-18.1 Land Use Regulations: NTC District
NTC
Athletic Clubs A
Other Commercial Athletic Facilities C
Retail Sales
Convenience Stores C
Dry Cleaners and Laundries C
Furniture, Furnishings, and Hardware Stores C
Grocery and Liquor C
Outdoor Retail Sales and Services
Permanent C
Temporary A
Recreation and Entertainment C
Restaurant, Delicatessen, and Bar A
With Liquor Service C
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
Services and Offices
Business Support Services A
Hotels, Motels, Inns C
Medical
Medical and Dental Clinics and Services A
29 Ordinance No.

Page 11 ends

Table 13-18.1 Land Use Regulations: NTC District
NTC
Offices and Banks
2,000 sq ft or less A
More than 2,000 sq ft C
Personal Services A
Video/Media Rentals C

Public and Quasi-Public Uses
Daycare Facilities (for employees, residents and
passengers)
A
General Daycare C
Government Offices A
Libraries, Museums and Galleries C
Park and Recreational Facilities A
Public Safety Facilities A
Transit Facilities
BART Stations C
Transit Transfer Stations C
Transit Malls C
Transit Offices and Support Facilities C
Utility Facilities C
Residential Uses
30 Ordinance No.

Page 12 ends

Table 13-18.1 Land Use Regulations: NTC District
NTC
Caretaker, Guest, and Employee Housing A
Multifamily Dwelling A
Townhouse/Condominium A
Planned Unit Development A
Family Daycare Home (14 or fewer children) P
Supportive Housing (Apartment Type) P
Transitional Housing (Apartment Type) A
Low Barrier Navigation Center P Section 13-

35.260
Accessory Uses and Structures A(1)

Key to Land Use Regulations
A Administrative Use Permit Required
C Conditional Use Permit Required
P Permitted Use
(1) Facility or use is directly related to the primary use of site.

Chapter 13-35. Specific Land Use Requirements
Sec. 13-35.258 Emergency Shelters.

An emergency shelter located within a zoning district in which it is allowed shall comply with all development and performance standards of that zoning district, as well as the following performance and design standards:

1. Emergency shelters are limited to a maximum of 30 beds/persons facility. The California Building Code defines minimum sizes based on included private amenities. 31 Ordinance No.

Page 13 ends

2. Occupancy by an individual or family may not exceed 180 days in any 365-day period unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

3. A waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually screened from public view, and if located outside, shall provide consideration for shade/rain conditions.

4. On-site management and on-site security shall be provided during all hours during which the emergency shelter is in operation.

5. An emergency shelter operations/management plan shall be prepared and shall be subject to the review and approval of the Community Development Director, or their designee. Such plan shall include provisions for staff training, neighborhood outreach, adequate security measures to protect shelter residents and surrounding uses, screening of clients to ensure compatibility with proposed services provided, counseling (particularly for assisting in finding permanent housing and a source of income), training and treatment programs for clients, drug and alcohol dependency referrals, and an exit strategy. The emergency shelter shall provide on-site parking at a rate of one (1) space per 1,000 square feet of gross floor area or one (1) space per employee, provided that the standard does not require more parking for emergency shelters than other residential or commercial uses within the same zone.

6. The facility may provide the following services in designated areas separate from sleeping areas:

A. A counseling center for job placement, education, health care, legal, or mental health services.

B. Laundry facilities to serve the clients at the shelter.

C. Central cooking and dining area(s).

D. Client storage area (for the overnight storage of bicycles and personal items).

E. Play/recreational areas for family shelters.
32 Ordinance No.

Page 14 ends

7. An emergency shelter shall not be located within 300 feet of another emergency shelter, as measured from property line to property line.

Sec. 13-35.260 Family Day Care Homes. Low-Barrier Navigation Center Family day care homes are permitted by use permit according to the size of the facility.

A small family day care home with a maximum attendance of 6 or less children (with special allowances to allow up to 8 children) is considered a residential use of the property and shall be permitted by a nondiscretionary administrative use permit without imposition of any fees or taxes as per Section 1597.45 of the Health and Safety Code.

A large family day care home for 7 to 12 children (with special allowances to allow up to 14 children) requires an administrative use permit as consistent with Section 1597.46 of the Health and Safety Code. The permit shall expire 2 years after the date of issuance or if the day care operator’s State license expires or is revoked. The facility shall meet the following standards, the standards for family day care homes pursuant to Section 1596.70 et seq. of the Health and Safety Code, and other applicable State requirements.

1. All family day care homes shall comply with the property development and performance standards for the zoning district in which it is located and the Citywide standards set forth in Division III.

2. A large family day care home shall not be located within 300 feet of another large family day care home property line.

3. Outdoor play areas shall be provided in the rear or side yards for all large family day care homes and shall be enclosed by a solid hedge, wall or fence 6 feet high. All outdoor play areas shall be separated from driveways, streets and parking areas.

4. Large family day care homes shall provide adequate on-site parking as per Chapter 13-33.

5. Large family day care homes shall provide adequate areas for the safe pick-up and drop-off of children. These areas shall be off-street in a driveway, turnaround, or parking area.
33 Ordinance No.

Page 15 ends

6. A large family day care home within a residentially zoned area may operate up to 14 hours per day with outdoor activities limited to daylight hours between 8:00 a.m. and 8:00 p.m. in order to limit noise impacts to neighboring residents.

7. All family day care homes shall obtain necessary State licenses and shall be operated in conformance with all applicable state and local regulations. If there are any conflicts between local standards within the Zoning Ordinance and State requirements for day care facilities, the State requirements shall take precedence. [Ord. 515 § 2, 2018; ZO § 35.260.]
A low-barrier navigation center located within a zoning district in which it is allowed shall operate in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

Page 16 ends

designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

Chapter 13-60. Definitions
The purposes of this Division and Chapter are to provide definitions for the terms and phrases used within the Zoning Ordinance. The definitions shall apply throughout the zoning regulations except where the context of the regulation clearly indicates a different meaning. The Community Development Director shall interpret the meaning of the regulations and definitions as per Section 13-2.400. [Ord. 515 § 2, 2018; ZO § 60.100.]
Sec. 13-60.200 Definitions.
“Emergency shelters” shall mean a facility that provides temporary, short-term housing for homeless individuals or families that is limited to occupancy of 180 consecutive days, with minimal supportive services. housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters shall include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.
“Low-Barrier Navigation Centers” shall mean a housing-first, low-barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
35 Ordinance No.

Page 17 ends

(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

SECTION 4. 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 phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.

SECTION 5. 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 23rd day of January 2024, and was passed and adopted at a regular meeting of the Hercules City Council on the ____ day of 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dan Romero, Mayor

Eibleis Melendez
City Clerk

36 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

June 2, 2023

Timothy Rood, Director
Community Development Department
City of Hercules
111 Civic Drive
Hercules, CA 94547

Dear Timothy Rood,

RE: City of Hercules’ 6
th Cycle (2023-2031) Revised Draft Housing Element

Thank you for submitting the City of Hercules’ (City) revised draft housing element update that was received for review on April 3, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from YIMBY Law and Greenbelt Alliance, pursuant to Government Code section 65585, subdivision (c).

The revised draft element addresses many statutory requirements describe in HCD’s March 6, 2023 review; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq.). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

As a reminder, the City’s 6th cycle housing element was due January 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

37 Timothy Rood, Director

Page 2 ends

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Connor Finney, of our staff, at [email protected].

Sincerely,

Paul McDougall
Senior Program Manager

Enclosure
38 City of Hercules 6th Cycle (2023-2031) Revised Draft Housing Element Page 1 June 2, 2023

APPENDIX

CITY OF HERCULES

The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/building- blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Housing Needs Resources and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)

Fair Housing Enforcement and Capacity: While the element briefly mentions sites were identified in compliance with Government Code section 8899.50 and 65008, identifying sites does not address the extent of these laws. For example, Government Code section 65008 declares any land use action null and void if it has a discriminatory effect.

The element could discuss who the City incorporates these provisions in its land use decision making process. Further, the element should discuss how the City complies with other fair housing related laws. Examples include Government Code sections 11135, 65915 (State Density Bonus Law) and 65589.50 (Housing Accountability Act).

Please see HCD’s affirmatively furthering fair housing (AFFH) (p. 29) at https://www.hcd.ca.gov/planning-and-community-development/affirmatively-furthering- fair-housing.

Identified Sites and AFFH: As noted in prior reviews, the AFFH and sites analysis should address all the income categories of identified sites with respect to location, the number of units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing. If concentration of the Regional Housing Needs Allocation (RHNA) by income group exacerbates existing patterns of segregation, the element must include off-setting programs to promote inclusion and equitable quality of life throughout the community.

Contributing Factors to Fair Housing Issues: The element was not revised to address this finding. Please see HCD's prior review for additional information.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the 39 City of Hercules 6th Cycle (2023-2031) Revised Draft Housing Element Page 2 June 2, 2023

planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)

Approved/Pending Projects: The housing element establishes the affordability and availability for most pending projects; however, the Hill Town development is listed as including 30 units affordable to moderate income households but still must demonstrate affordability based on actual or anticipated rents, sales prices or other mechanisms ensuring affordability (e.g., deed-restrictions). In addition, the element should also discuss any known barriers to development of the Hill Town development in the planning period such as phasing requirements or build out horizons that go beyond the eight-year planning period.

Suitability of Nonvacant Sites: While the element included additional information on the site selection process, it must still evaluate the extent existing uses impede additional development and demonstrate the potential for redevelopment on nonvacant sites.

Please see HCD’s prior review for additional information and HCD will send sample analyses under separate cover.

Electronic Sites Inventory: As a reminder, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.

Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and- community-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Zoning for a Variety of Housing Types:

• Emergency Shelters: While the element revised Program H3-4 to only require sufficient parking to accommodate staff working in the shelter, it appears emergency shelters are allowed only with an administrative use permit– while administrative, apparently it is still a discretionary process. The element must demonstrate emergency shelters are permitted without a conditional use permit or other discretionary action and with sufficient capacity to accommodate the identified need for shelters or include a program to amend the zoning ordinance to meet the statutory requirements. Please note, HCD will not be able to find the housing element in compliance until it is demonstrated that a zone is available to permit emergency shelters without discretionary action.

For your information, Chapter 654, Statutes of 2022 (AB 2339), adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements. For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning- and-community/ab2339-notice.pdf.

40 City of Hercules 6th Cycle (2023-2031) Revised Draft Housing Element Page 3 June 2, 2023

• Multifamily Housing: The element was not revised to address this finding. Please see HCD's prior review for additional information.

• Accessory Dwelling Units (ADUs): While Program H2-4 commits to update the City’s ordinance to comply with state law, it includes a timeline for amendment by 2027. Program H2-4 should be revised to commit to a timeline earlier in the planning period (e.g., by 2025).

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Please note, the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including… …fees and other exactions required of developers, and local processing and permit procedures... (Gov.

Code, § 65583, subd. (a)(5).).

Processing and Permit Procedures: While the element shows compliance with AB 101, it still does not address the findings required for approval regarding “the area surrounding the project site can be planned and zoned in coordination and substantial compatibility with the proposed development.” As noted on previous reviews, this requirement should be analyzed as a potential constraint on approval certainty and should include a program(s) to address or remove identified constraints.

Housing for Persons with Disabilities: The element was not revised to address this finding. Please see HCD’s prior review for additional information.

4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)

Approval Time and Requests for Lesser Densities: The element was not revised to address this requirement. Please see HCD’s prior review for additional information.

41 City of Hercules 6th Cycle (2023-2031) Revised Draft Housing Element Page 4 June 2, 2023

B. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)

As noted in Finding A2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

In addition, Program H2-8 (Development on Nonvacant Sites) should go beyond targeting development once in the planning period and should identify and pursue opportunities at least annually.

2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. (Gov. Code, § 65583, subd. (c)(2).)

Assist in Development Programs: As noted in the previous review, the element must include a program(s) with specific actions and timelines to assist in the development of housing for extremely low-, very low-, low-, and moderate-income households, including specific actions to assist housing for persons with special needs (e.g., farmworkers, elderly, homeless and persons disabilities, including developmental). Please see HCD’s prior review for additional information.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)

As noted in Findings A3 and A4, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

42 City of Hercules 6th Cycle (2023-2031) Revised Draft Housing Element Page 5 June 2, 2023

4. P romote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)

As noted in Finding A1, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs. As noted in the prior review, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, milestones, and geographic targeting and, as appropriate, must address housing mobility enhancement, new housing choices and affordability in higher opportunity areas, place-based strategies for community revitalization and displacement protection.

C. Public Participation:

Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)

As noted in the prior review, the element must still summarize the public comments and describe how they were considered and incorporated into the element. 43 DISCUSSION AND/OR ACTION

AGENDA ITEMS

1. 22-750

2. 22-751

3. 22-752

4. 22-753

5. 22-754

6. 22-737

44 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director SUBJECT: Development Update
RECOMMENDED ACTION:

Receive a report from staff on the status of major development projects, take public comment, and ask any questions of staff or applicants present. This item is for information only.

EXECUTIVE SUMMARY:

Approved development projects are key to the City’s strategy to grow the local economy, affirmatively further fair housing, and accommodate its 995-unit Regional Housing Needs Allocation (RHNA) for the 2023 -2031 Housing Element cycle . However, changed economic conditions, including higher interest rates, lower prevailing rents, and higher construction costs, have challenged the feasibility of several previously approved developments. S everal developers of approved projects have requested accommodations from the City , including extension of entitlements and the use of infrastructure financing programs available under state law.

Major project applicants were asked to provide updates on project activities, which are summarized below for major commercial and residential development projects.

Applicants have also been invited to attend the meeting and respond to questions from the Council.
22-750
45 BACKGROUND:

Several factors have combined to challenge the economic feasibility of development in recent years. These include interest rates, construction costs, and prevailing rents.

Interest Rates
The rapid rise in interest rates in the past two years has negatively affected development feasibility in the current market. As shown in Figure 1 below, with a series of rapid increases beginning in March 2022, the Federal funds rate has risen from a historic low of 3.25% in March 2020 to 8.5% today. The higher cost of borrowing means that a given rental income stream is able to support much lower costs for construction and land.

Figure 1. Bank Prime Loan Rate 2020-2023 (source: Federal Reserve)

Construction Costs
Construction costs also rose dramatically during the pandemic. The California Construction Cost Index (CCCI) published by the State is based upon the Building Cost Index average for San Francisco and Los Angeles as produced by Engineering News Record. The CCCI by increased 13.4% in 2021, 9.3% in 2022 , and 9.4% in 2023 , or a total of 35.6% over the three-year period.

46 Prevailing Rents
Meanwhile, according to a June 2023 report from CBRE Economic Advisors, while the Bay Area average for residential rental rates increased by 3.3% year over year, Northwest Contra Costa County experienced an 0.8% decrease year over year, the largest decrease of any subregion besid es Downtown San Francisco. See Figure 2. By the third quarter report in September 2023, the year-over-year decline in West Contra Costa was 1.0%

Figure 2. Bay Area Submarkets Year over Year Rent Changes June 2023 (source: CBRE)

In summary, rising interest rates, rising construction costs, and falling prevailing rents mean that projects that were financially feasible when approved in 2020 -22 may now be infeasible, because the costs to finance their construction at current rates would exceed the rental or sales revenues achievable in today’s market, resulting in what is termed “negative residual land value”.

Residual land value is a measure of what a developer would be able to pay for the land, given a set of assumptions regarding capital and operat ing costs and revenue. Residual land value, in essence, represents the developer’s land budget. A higher residual land 47 value means that a proposed development project is likely to be more feasible and therefore to attract investors and obtain financing. A negative residual land value—a land budget below $0 —means that a proposed development project is not feasible without offsetting incentives.

ANALYSIS

The following is a summary of the approval, entitlement, construction and compliance status of the City’s major development projects.

Housing Projects

The City’s mandated Regional Housing Needs Allocation (RHNA) for the 2023 -31 cycle includes 344 Very Low -Income units (affordable to households earning below 50% of Area Median Income or AMI), 198 Low -Income units (51 -80% AMI), 126 Moderate - Income units (80-120% AMI), and 327 Above Moderate-Income (over 120% AMI).

The City’s draft 6th Cycle Housing Element has been through four review cycles with three separate reviewers at HCD and is still not certified as of HCD’s most recent comment letter dated January 12, 2024. The draft Housing Element includes a Housing Plan that meets the RHNA with a combination of inclusionary affordable units within approved mixed-income projects (Owl Ranch, Bayfront Blocks M P&O as entitled , and Hill Town) along with potential 100% affordable housing developments on vacant (Loop Site) and underutilized sites in the New Town Center area (Hercules Transit Center, Caltrans corporation yard).

HCD’s latest letter includes the following comment:

Approved/Pending Projects: While the element now demonstrates the anticipated affordability of approved or pending projects, it must still de monstrate the availability of projects in the planning period. Specifically, the element should discuss any remaining steps and barriers to development in the planning period and add or modify programs as appropriate. Additionally, the element could add or modify programs to monitor the progress toward completion in the planning period and commit to alternative action, if necessary, by a specified date.

As shown in Table 1 below, if built as approved, the housing projects described in this report would contribute 21 Low Income units, 31 Moderate -Income Units, and 1,093 Above Moderate-Income Units toward the RHNA, for a total of 1,145 new housing units.

48 Table 1. Approved Housing Projects Included in 6th Cycle Housing Element

Project Extremely/Very
Low Income
(0-50% AMI)
Low Income
(50-80% AMI)
Moderate
Income
(80-120%
AMI)
Above
Moderate-
Income
(>120% AMI)
Total Units
Owl Ranch 0 1 1 38 40
Bayfront
Blocks MPO
0 20

0 367 387
Hill Town 0 0 30 568 598
Sycamore
Crossing
0 0 0 120 120
Total 0 21 31 1,093 1,145

Owl Ranch
This 40-unit single-family subdivision o n the site of the former McLeod Ranch at 215 Skelly was approved on September 27, 2022. The development will include two affordable for-sale units, one Low-Income and one Moderate-Income. The project’s final map has been recorded and land development is underway. Delays attributed to EBMUD by the applicant, D.R. Horton, have delayed wet utility installation until Spring 2024, and vertical construction is now anticipated in the summer. Model homes and sales offices are now estimated to open in the early fall of 2024, when sales would begin.

The developer has engaged HouseKeys, Inc. to manage the sales process for the two affordable units per City policy. HouseKeys has administered home ownership, rental, and financing programs for California municipalities, including the ci ties of Morgan Hill, Campbell, San Francisco, Burlingame, Gilroy, San Ramon, Santa Clara, and Hayward.

In December 2023, the developer inquired with staff regarding the potential use of the Statewide Community Infrastructure Program (SCIP) to finance the City’s development impact fees for the development . The SCIP program allows a builder/developer to finance public infrastructure projects or City impact fees through the formation of a SCIP assessment district (or Community Facilities District) that will levy an annual assessment on the future residential parcels. The City adopted the SCIP program in 2006 and amended it in 2016 to require the City Council’s approval for a SCIP application , which was previously left to the discretion of the City Manager . If the developer chooses to pursue this option, after a complete application for the SCIP program has been received, deemed complete, and reviewed by staff and applicable outside agencies, the application will be scheduled for hearing by the City Council as required.

Bayfront
Following the successful opening of The Exchange (Block N) in 2020 and The Grand (Blocks Q&R) in 2021, the master developer, Ledcor, completed planning entitlement and building plan review for two additional rental apartment buildings, to be known as The Mint (Blocks M&P) and Harbor House (Block O). MP&O were initially approved for 476 49 apartment units, which was reduced to 387 units by a Minor Modification to M&P that was approved on September 28, 2021. This design and unit mix modification, based on additional third-party market research from OPTIM Real Estate Services, provided for an increased number of 2 - and 3 -bedroom units popular with roommates, couples, and families, and a decreased number of studios and 1 -bedroom units. Based on the approved p lans and the project’s Affordable Housing Covenant approved on July 27, 2021, the City’s draft Housing Element anticipates 20 Low-Income affordable units in this phase of the Bayfront, along with 367 Above Moderate-Income units.

Ledcor has indicated that it has discussed the potential sale of The Grand to various workforce housing groups including Catalyst Housing on behalf of the California Community Housing Agency for conversion of the current market-rate units at The Grand to workforce housing with thr ee tranches of affordability 60% -80% (Low), 81% -100% (Middle), and 101%-120% (Moderate) of AMI, like The Exchange.

Since mid-2022, Ledcor has been seeking financing for this next phase of development of the Waterfront Master Plan. However, even after rem oving Block O and its 120 units from its offering, the developer has been unable to secure both construction debt and LP equity capital to finance the construction of Blocks M&P. This is due in part to the very slow lease up and low occupancy rate at The Grand (reported as approximately 73% for the market-rate units after 30 months of leasing), as well as the combined effects of higher interest rates, higher exit capitalization rates, higher construction costs, and near zero percent growth in rents.

Although building plan review for MP&O was completed, no building permit was pulled, and the building permit application lapsed after six months of inactivity. The project could not be built without being redesigned to meet the current 2022 California Green Building Code, at considerable expense.

Alternative Proposal
Ledcor has indicated to staff in November 2023 that they will be proposing to entitle an alternative development scheme for blocks KLMP&O, to consist of approximately 175 row houses in three different varieties, including some work -live and live -work townhomes.

Ledcor has indicated that it in tends to develop this scheme in a manner compliant with the Waterfront District Master Plan and to request expedited review under the housing streamlining provisions of SB 330.

The development would be subject to the approved Bayfront parking operations agreement approved on June 27, 2023, which requires 10% of off-street parking spaces created through development, up to a maximum of 216 spaces, to be sha red with the public once rail or ferry service begins at the waterfront , by mutual agreement, or when average peak hour demand (either weekday or weekend) for on -street parking reaches 85% capacity in any of the three Bayfront neighborhoods identified in t he WDMP (The Village, Bayfront Boulevard Mixed -Use, and Crescent Heights), as determined by a 50 parking study conducted by a qualified parking consultant. Such a study may be conducted by either party at any time, with each party bearing its own costs and expenses.

The Bayfront project’s Affordable Housing Covenant approved on July 27, 2021 requires that 5% of a proportionate mix of units be rented to households earning no more than 60% of Area Median Income (AMI). The Bayfront Implementing Development Agreement provides a pathway for the developer to request that one -quarter of the required affordable units be 80% rather than 60% AMI, and on July 13, 2021 the City Council declined Ledcor’s request for this accommodat ion, maintaining the IDA’s 60% requirement and including clarifying language for the proportionality requirement per the City’s Affordable Housing Policy , which was adopted on Feb ruary 23, 2021. The proportionality requirement means that the mix of affordable unit types must be provided in proportion to the overall unit mix. The project’s Affordable Housing Plan Implementation Agreement was executed on July 21, 2021 per the Council directive.

Because the Bayfront project is within a half -mile radius of the planned Hercules Hub, it falls under the Metropolitan Transportation Commission’s Transit-Oriented Communities (TOC) policy , which seeks to support the re gion’s transit investments by creating communities around transit stations and along transit corridors. Adopted in 2022, the TOC Policy establishes a range of different zoning, station access, and anti -displacement policies and programs for areas around rail station areas and bus rapid transit stops.

Agencies affected by the policy must choose their compliance path from the options for each topic that are applicable to their situation. Many of the options require specific funding commitm ents to qualify. The TOC O olicy is part of Plan Bay Area 2050, the region’s long-range plan for transportation, housing, the economy and the environment.

In future One Bay Area Grant (OBAG) funding cycles, MTC intends to condition grant awards on TOC Policy compliance. Currently the City does not have policies or programs that fulfill all of the TOC Policy requirements. Therefore, staff is working with MTC and its consultants to develop options for the Council to consider to bring the City into compliance with the policy.

Affordable Housing Accommodation Request
On December 12, 2023, the City received a letter from Ledcor (Attachment 2) requesting that the City Council consider an affordable housing accommodation request to amend the Affordable Housing Pla n Implementation Agreement to allow all 58 of the 80% AMI units in The Exchange to be credited toward the projects 60% AMI Affordable Unit requirement per its IDA.

In 2021, The Exchange (Bayfront Block N) was sold to California Community Housing Agency, a Joint Powers Authority in which the City participates . As a result of that sale, The Exchange includes 58 units (one-third of the total) that are limited to renters at 60%- 80% AMI, plus 57 units limited to renters at 81%-100% AMI, and lastly 56 units limited to renters at 101%-120% AMI. If the amendment were approved, Ledcor estimates that the 51 5% inclusionary requirement would be deemed satisfied for the entire master plan and thus no additional affordable units w ould need to be produced. Modification of the Affordable Housing Plan Implementation Agreement would require City Council approval, which will be scheduled for consideration at a future meeting.

Rezoning any housing site to a lower density or non -residential use, or approval of a subsequent project with fewer unit s than assumed in the Housing Plan , will require the City to make up the lost housing capacity by upzoning other sites per the “no net loss” provisions of Government Code Section 65863 (SB 330). The City’s Housing Plan shows only 5 units of “surplus capacity” for Low-Income units based on the state -mandated density assumptions for vacant and underutilized sites. Therefore , losing the Bayfront project’s 20 Low-Income units would create a deficit of 15 Low-Income units that would need to be accommodated elsewhere in the city.

After a complete application for the KLMP&O alternative proposal has been received, deemed complete, and reviewed by staff and applicable outside agencies, the project will be scheduled for hearing by the Planning Commission and City Council.

Hill Town
The Hill Town project was approved on April 14, 2020 for up to 597 attached multifamily units and 4,200 square feet of neighborhood commercial on a 44.2-acre site, for an average gross density of 13.5 du/ac. Following extensions per state law, the project’s planning entitlements will expire April 14, 2024.

The Central Hercules Plan noted that the vision for former tank farm site was "evocative of the Italian hill towns built centuries ago" and envisioned "urban density in a highly livable, marketable, picturesque package." City records ind icate t he developer, Santa Clara Valley Housing Group, acquired the site in 2005 and their design team met in 2007- 08 with City staff, a joint Planning Commission/City Council informal review team, the town architect, and City-recommended consultants for over a year and a half to develop an initial plan for Hill Town. Site remediation for residential use was completed in 2015.

The project is bound by the 2008 Development and Owner Participation Agreement for Hill Town Redevelopment Project. As approved, Hill Town would include 30 Moderate- Income affordable units per its development agreement and conditions of approval. This is 23% of the City’s Moderate-Income RHNA allocation for the 6th cycle (2023-31).

Project conditions of approval require the following community benefits:
• 5% of units affordable to Moderate-Income residents (30 affordable units) • Bus facilities such as turnouts along San Pablo Avenue and “Dial -A-Ride” passenger pick-up areas within the Hill Town development • $5,000 per unit in-lieu fee approximately $3 million total) fee for the City to use at its discretion for parks and recreation
52 • Multiple parks, a new traffic signal on San Pablo, and a new sidewalk connecting from the top of San Pablo to Safeway

The Hill Town site ranges in elevation from 20 to 160 feet , with many steep slopes. Due to the site’s location, condition and topography, extensive corrective grading, geotechnical work and fill are required to create level sites for development to occur. The site has active oil lines, EBMUD transmission mains and PG&E transmission lines, all of which need to be relocated outside of the development area. A less efficient grading operation is required to keep the existing lines active while the new alignments and facilities are cons tructed before the switchover. The site requires a 1,200-foot off-site sewer extension, estimated at $558,000 in September 2022. Total off-site improvements were estimated at $4,477,000, equivalent to about $7,500 per unit. Phase 1 total sitework and onsite infrastructure costs were estimated at $37.9 million.

Proposed Mello-Roos District
The passage of Proposition 13 in 1978 severely restricted local government in its ability to finance public capital facilities and services by increasing real property taxes. The "Mello-Roos Community Facilities Act of 1982" provided local government with an additional financing tool. The Proposition 13 tax limits are on the value of the real property, while Mello -Roos taxes are equally and uniformly applied to all prope rties within the district. A Mello-Roos District is an area where a special tax is imposed on those real property owners within a Community Facilities District. Such a district has chosen to seek public f inancing through the sale of bonds for the purpose of financing certain public improvements and services, which may include streets, water, sewage and drainage, electricity, infrastructure, schools, parks and police protection for newly developing areas.

The tax homebuyers pay is used by the district to make the payments of principal and interest on the bonds.

Due to Hill Town’s high on-site and off-site infrastructure costs, a proposed Mello-Roos financing district for the project was discussed by the Cit y Council on May 11, 2021, October 19, 2021 and January 18, 2022. A preliminary engineer’s estimate indicated the development could qualify for up to $51 million in Mello -Roos infrastructure costs.

Scenarios presented to Council included Mello -Roos packages ranging from $24 to $34 million, with assessments ranging from 1.8% to 2.0% on estimated valuations of $650k and $750k for each of 200 ownership units. Special assessments would range from $3,640 to $5,700 per year under this scenario. The developer indicated at the time that the project would be financially infeasible without a Mello-Roos district.

On January 18, 2022, the Council did not approve the Mello-Roos proposal. Since then, the developer has advised staff that the previously quoted Mello-Roos assessment rate of 1.8% would yield approximately 20% less bonding capacity for construction today than the 2021 estimate due to higher interest rates, yielding $17.4 million for construction costs today, compared to $21 million in 2021. The developer has indicated that if the Council is willing to revisit the Mello-Roos question, they are open to discussion. 53 On January 10, 2024, SCVHG also requested that the Council extend the entitlements for two to three years in order to keep the approved project design viable, independent of the Mello-Roos question. After a complete application for the entitlement extension has been received, deemed complete, and reviewed by staff and applicable outside agencies, the extension will be scheduled for hearing by the City Council as required.

If the entitlements lapse as scheduled in April 2024, the site will revert from the approved Planned Development Plan to underlying zoning of PC-R Planned Commercial - Residential Mixed-Use District

Rezoning any housing site to a lower density or non -residential use, or approval of a subsequent project with fewer unit s than assumed in the Housing Plan , will require the City to make up the lost housing capacity by upzoning other sites per the “no net loss” provisions of Government Code Section 65863 (SB 330). The City’s Housing Plan shows only 12 units of “surplus capacity” for moderate -income units based on the state - mandated density assumptions for vacant and underutilized sites. Therefore , losing the Hill Town project ’s 30 moderate -income units would create a deficit of 18 moderate - income units that would need to be accommodated elsewhere in the city.

Sycamore Crossing (residential)
This mixed-use residential-hotel-retail project was approved on November 9, 2021 and its entitlements include 120 units of attached housing on the western portion of the site.

No affordable units were proposed or required for the project. The Council determined on November 9, 2021 that the project entitlem ents were vested , subject to remaining conditions of approval, due to preliminary grading work that had occurred on site, which it determined to have satisfied Condition of Approval no. 9, Approval Period.

The master developer, Lewis Management Group, ha s advised that they are pursuing a partnership with BlackPine Communities and contractual arrangements for BlackPine to purchase the residential site. The development team has indicated that the proposed housing product will be the same as BlackPine is cur rently constructing in Vacaville at 700 Park on Main and that they are working toward presenting a pre -application to the City in January 2024 , prior to submitting a formal application to re -entitle the residential portion of the property with this new product.

Please note that project condition of approval #14 requires the hotel portion of the Sycamore Crossing master plan to complete building plan check and commence actual grading prior to issuance of any residential building permits, unless the City (in its sole discretion) provides a written determination that substantial progress toward construction of the hotel has occurred. See below unde r “Commercial Development” for information about the hotel and retail components of Sycamore Crossing.

54 Commercial Projects

Sycamore Crossing (commercial)
The applicant prepared interim phased improvement plans, which include improvements needed to serve the hotel site on an interim basis, including rough grading, the majority of the new street Ohlone Creek Place, a portion of the onsite detention basin and outfall needed to serve the hotel, and complete improvements to the Sycamore Avenue frontage. After three plan check reviews by the City, final comments were provided November 6, 2023 and a final submittal was received in December 2023 The applicant has indicated that construction of these interim phased improvements are planned to begin in May 2024.

The applicant has stated that they have worked to obtain PG&E approval to relocate and underground the existing overhead power line in a private easement behind the back of sidewalk along San Pablo Avenue, with a short overhead segment over Ohlone Creek.

The applicant has indicated that a revised intent was submitted to PG&E on July 6, 2023 and an onsite meeting with PG&E was conducted on July 28, 2023. The applicant has stated that as of January 2024, PG&E has completed its design for the replaceme nt facility. The next step is for PG&E to issue a contract with Lewis to advance the relocation.

Since 2021, the developer has had an application and $588,000 deposit on file with EBMUD to relocate the 24” aqueduct/water main that passes through the property. The applicant has stated that they conducted a telephone meeting with Tracy Barrow and Cheryl Ledoux of EBMUD on November 30, 2023, resubmitted their plans, and received a commitment from EBMUD to review and follow up on next steps to advance the aqueduct relocation. The applicant stated they asked EBMUD to consider allowing them to order the pipe material needed to relocate the 24” line due to the 9 -month or longer lead time to manufacture and receive the product. The applicant has stated that their intent is to work through the matter with EBMUD and begin the water line relocation effort in earnest (likely in 2025) following receipt of the new pipeline material.

The developer has indicated they have received strong interest from a variety of retail tenants, including fast dining options, and are working to obtain formal commitments, after which they will share that information with the City. The developer has stated that a revised site plan is being prepared to initiate conversations with the City upon approval from a few key tenants.

Hampton Inn
The Hampton Inn and Suites Hotel at Sycamore Crossing was approved in September 2019 for 105 guest rooms in a four-story building adjacent to Ohlone Creek. The hotel is on a separate parcel and was to be developed by a separate entity, WRSJG LLC/Hercules Hospitality LLC, which in fall 2023 opened another Hampton Inn and Suites Hotel in downtown Concord.

55 The Sycamore Crossing hotel project completed building plan review in 2023, and an interim grading permit application for the hotel site was discussed with staff but was not submitted. On January 11, 2024, the master developer advised staff that the hotel developer had advised them that they were seeking to sell the site and entitlements to another hotel developer.

Willow Avenue Commercial Project
On September 25, 2018, the City Council approved this project , to consist of a mini storage facility along with an auto repair use, car wash, oil change, and tire store contained within eight new buildings (five associated with the self-storage and three related to auto service uses) on a 7.1-acre site at the southeast corner of Willow and Palm Avenues. The mini storage facility opened in June 2022 with a Temporary Certificate of Occupancy for the office building as the developer worked to design and construct a new sewer lift station to serve the project. Since that time, the developer has experienced many chal lenges delivering the lift station as it requires securing property rights and voluntary participation from multiple landowners. City staff is actively working with the developer to resolve these issues.

Per its development agreement, the Willow commercial project is conditioned to remit Transient Occupancy Tax (TOT) to the City for the storage units once the occupancy rate reaches 90%. To date, no TOT has been remitted, as the applicant has indicated that the occupancy remains below 90%.

Safeway
The Safeway Center project was approved by the City Council on September 26, 2017.

Under the direction of the City Manager at the time, the project opened under a Temporary Certificate of Occupancy that was issued on April 14, 2021.

Since the project opened, the development team has completed the bus stop and bus pull-out along San Pablo Avenue. The two remaining conditions of approval are the installation of at least seven EV charging spaces and payment of Transportation Impact Fees (TIF) due, less credits for additional work done at the request of the City . The net TIF due is estimated by the applicant team to be $251,790. Impact fees are required to be collected when building permits are issued, but in this case the fees were deferred under an agreement made by a prior City Manager, to allow the TIF credits to be based upon actual construction costs . An accounting of credit -eligible work was provided by Safeway in August 2023, and backup calculations and exhibits requested by the Public Works Director to validate the estimates were received on January 2, 2024 . The developer is currently preparing final documentation to submit to the City for the credit.

A building permit application for EV chargers was submitted by Volta in May 202 2 and was reviewed, but comments were not addressed. Volta withdrew from the project in the midst of its pending merger with Shell USA, and the application expired in February 2023.

Safeway indicated they are now working with Electrify America to install 11 DC fast 56 chargers and one Level 2 charger in the parking area between the store and San Pablo Avenue. A preliminary sketch plan was provided to staff in August 2023. However, no building permit application has been received as of the preparation of this report.

Particularly after becoming aware of the expired TCO and outstanding TIF in April 2023, Community Development staff has been engaged in discussions with the Safeway/McNellis team to try to resolve the remaining conditions of approval. Staff met with the applicant team on August 15, 2023 . A draft Memorandum of Understanding (MOU) was provided by Safeway on September 28, 2023 and returned with City comments on October 12. A revised draft incorporating most of the City’s requests was received from Safeway on December 18, 2023 and returned with proposed final edits on January 4, 2024.

In 2023, Safeway applied for planning and building permits for a solar canopy, backup generator and battery storage project, which received planning approval in June 2023 for an Administrative Design Review Permit as an accessory structure. Building plans for the solar project are still under review , and staff has indicated to the ownership that no building permit will be issued for the solar project until the MOU has been executed to document how the remaining EV charging and TIF payment conditions will be fulfilled.

Franklin Canyon RV Resort
This project was approved by the City Council on February 8, 2022 for 158 RV spaces, 22 tent spaces and a 10,500 square foot clubhouse.

The applicant has advised that the project encountered some issues with EBMUD regarding the water service which required them to move certain components of the project to another area, which was approved through a Minor Modification on November 6, 2023.

The applicant stated their intent was to start the project in 2023, but due to the EBMUD delay and the onset of winter weather they decided to postpone the start until June 2024.

The golf course is leased to a third -party operator, Touchstone Golf until May 30, 2024.

The lease requires a substantial early termination pe nalty, which the applicant indicated they had been willing to pay provided construction could start in 2023. However, since pre-construction surveys are now scheduled for April 2024, the applicant determined that terminating the lease early would not make much sense.

The applicant has indicated they are in the process of completing bid packages and selecting a contracting team to build the project. It would be their goal to begin construction in early June 2024.

The initial approval was set to expire on February 8, 2024 (two years after approval). On December 14, 2023, the applicant requested to extend the term for the approval of the RV Resort Project for an additional year, to February 8, 2025. The project approvals 57 allow a one-year extension to be granted administratively by the Community Development Director pursuant to condition of approval #9. The applicant has indicated to staff that they have been diligently pursuing development of the project as evidenced by their request for (and the City’s approval of) a minor modification. Also, the applicant indicates that circumstances have not changed for the project approval, so the current conditions remain adequate to assure that the stated findings on the approval remain valid. The Director approved the extension request on January 11, 2024 and the decision is subject to Council call-up at its January 23, 2024 meeting.

Bayfront (hotel)
Ledcor has indicated to staff that they intend to submit an application for a hotel on Blocks E & G, which are lo cated on the western (Bayfront) side of Bayfront Boulevard between Railroad Avenue and Promenade Street, adjacent to the Hercules Hub site . Preliminary pre-application plans shared with staff in December 2024 showed a four-story, approximately 156,000-square foot building spanning both blocks and including 207 hotel keys, 6,700 square feet of retail space along Bayfront Boulevard, and ballroom, meeting rooms, restaurant, coffee shop and gym/spa amenities. Ledcor has indicated that it intends the hotel project to be compliant with the WDMP. After a complete application for the E&G hotel proposal has been received, deemed complete, and reviewed by staff and applicable outside agencies, the project will be scheduled for hearing by the Planning Commission as required.

America’s Tire
The addition of an 8,938-square foot tire store in the parking lot of the Home Depot at the Creekside Center was approved by the City Council on January 25, 2021. As of January 2024, the project’s building permit is ready for issuance. The developer has indicated the project has gone out to bid to general contractors and that they anticipate receiving bids by March 2024 and breaking ground between April and June 2024. Completion of construction and store opening are anticipated in the first quarter of 2025 . These dates are tentative and subject to change.

Sutter Health
Representatives of Sutter Health, a not-for-profit healthcare system that provides care to over 3 million Californians, have indicated to staff their intention to pursue the purchase of two adjacent parcels in the North Shore Business Park for medical office/clinic use and additional parking. As of the preparation of this report, it is staff’s understanding that the property transactions are moving forward.

Sutter Health representatives have indicated that the existing 49,805-square foot building at 200 Linus Pauling would be utilized for imaging, a blood draw station and possibly a small outpatient endoscopy procedure center. The 3.83-acre vacant lot at 100 Linus Pauling would be utilized for parking associated with the medical uses at 200 Linus Pauling and a medical office building in the future.

58 New Businesses

Hercules welcomed several new businesses in 2023 and is expecting several more to open in 2024:

Dynamite Donuts held its grand opening on August 26, 2023. Dynamite Donuts is located in the Hercules Retail Center at 3700 Sycamore Avenue, Suite 4.

KS Brows, which opened in the fall of 2023 in Creekside Center, 1511 Sycamore Ave., Suite H, provides a range of aesthetic services including e yebrow threading, waxing, facials and Indian cloths.

KS Indian Grocery also opened in the fall of 2023 in the adjacent suite J at Creekside Center.

Learn & Play Montessori School, which operates approximately 15 childcare and daycare facilities in other East Bay cities, purchased the former preschool at 1702 Pheasant Drive and received approval from the Planning Commission in November 2023 to operate a private Montessori school to serve up to 100 children , providing daycare, preschool, kindergarten, and after-school programs within the existing 4,480 square foot building. The facility is currently anticipated to open in early 2024.

Tommy’s BBQ, formerly based in Richmond, received planning approval for a barbecue restaurant in the former Big Belly space at Creekside Center, 1611 Sycamore Avenue, Suite C. Building plans were submitted in November 2023 and are currently under review.

Staff has shared information about the City’s Business Attraction Grant program for qualified new eating & drinking establishments with the proprietor and anticipates receiving a grant application for this restaurant.

Tandoori Pizza has signed a Letter of Intent for Suite A at The Exchange but has not yet signed a lease. Tandoori Pizza is a Bay Area chain established in 2015 that offers a fusion between Indian spices and classic Italian flavors . With ten existing locations in Dublin, Fremont, Tracy, Union City, San Ramon, Sunnyvale, Turlock, Mountain House, Brentwood and San Jose, this chain is too large to be eligible for the City’s Business Attraction Grant program for small, local businesses.

FISCAL IMPACT:

There is no fiscal impact from this informational report. As development projects are constructed and occupied, the City will incur costs for additional services and will also receive additional revenue from impact fees, property taxes, and sales tax from the local expenditures of new residents and employees. Hospitality and mini -storage projects will also contribute Transient Occupancy Tax revenue. Some approved development projects are also conditioned to provide additional fee revenue to the City.

59 ATTACHMENTS:

Attach 1 – Presentation
Attach 2 – Ledcor Affordable Housing Accommodation Request 60 Development
Update Hercules City Council 01/23/2024
61 Major
Development
Projects in
Hercules
Owl
Ranch
Sycamore Crossing
Hampton Inn Hotel
Bayfront
Blocks KLMPOBayfront
Blocks E&G
Hill Town
Franklin
Canyon
RV Resort
Willow
Commercial
62 Interest
Rates
Prime rate was 3.25%
in March 2020
Current prime rate

8.5%
Economic Context
63 Construction
Costs
-
20 40
60 80
100
120
140
160
Jan-16
Apr-16
Jul-16
Oct-16
Jan-17
Apr-17
Jul-17
Oct-17
Jan-18
Apr-18
Jul-18
Oct-18
Jan-19
Apr-19
Jul-19
Oct-19
Jan-20
Apr-20
Jul-20
Oct-20
Jan-21
Apr-21
Jul-21
Oct-21
Jan-22
Apr-22
Jul-22
Oct-22
Jan-23
Apr-23
Jul-23
Oct-23
California Construction Cost Index
(Indexed to Jan. 2016)
Increased by:

13.4% in 2021

9.3% in 2022

9.4% in 2023
Total 35.6% increase
since 2020
Economic Context
64 Residential
Rental Rates
Year over Year Rent
Changes by
Submarket, June 2023
NW Contra Costa
submarket down 1.0%
at end of 2023
Source: CBRE
Economic Context
65 Owl Ranch
Approved residential subdivision
consisting of 40 single-family residential
lots on a 7.44-acre site at 215 Skelly, the
former McLeod Ranch property.

Developer: D.R. Horton
Wet utility installation anticipated
Spring 2024; vertical construction and
sales offices anticipated Fall 2024
6 66
The Mint at
Bayfront (M&P)
Approved 325-unit multi-family
residential development within
the approved 90-acre mixed-use
Bayfront project
Developer: Ledcor
Building review completed;
building permit application
lapsed
7 67
Bayfront Blocks
KLMP&O
Alternative proposal for 175
townhomes (incl. 22 live/work)
within the approved 90-acre
mixed-use Bayfront project
Master developer: Ledcor
Application anticipated early
2024
8 68
Bayfront
Affordable
Housing Request
Ledcor has requested to credit
the 58 existing 80% AMI units in
The Exchange toward the
project’s affordable housing
commitment (5% of a
proportionate mix of units at
60% AMI)
9 69
Hill Town
Approved 325-unit multi-family
residential development within
the approved 90-acre mixed-use
Bayfront project
Developer: SCVHG
Remediation completed 2015
Mello-Roos request denied 2022
1 0
70 Sycamore
Crossing
Residential
Approved for 120 multifamily
units
Master Developer: The Lewis
Group
Pursuing partnership with
BlackPine Communities
1 1
71 Hampton Inn &
Suites Hotel,
Sycamore Crossing
Approved 4-story, 105-guest room
hotel on a 1.8-acre site within the
approved 12.8-acre Sycamore
Crossing mixed-use project
Developer: WRSJG LLC/Hercules
Hospitality LLC
Seeking to sell site and entitlements
to another hotel developer
1 2
72 Willow Avenue
Commercial
Approved 7.1-acre commercial
project including mini storage,
car wash and auto service uses
Master Developer: The
Claremont Companies
Mini storage opened 2022 under
Temporary CofO, since expired
Development conditioned to
replace private sanitary lift station
1 3
73 Safeway Center
Approved 57,100 supermarket plus
bank, coffee shop and gas
station/convenience store
Master Developer: McNellis Partners
Opened 2021 under Temporary
CofO, since expired
Negotiating MOU to fulfill
remaining permit conditions for EV
charging and TIF
Solar canopy project under building
review
1 4
74 Franklin Canyon
RV Resort
Approved RV/tent cabin resort
with clubhouse, pool and RV
storage
Developer: Madison MRH-1
Franklin Canyon LLC Site
Minor Modification completed
Entitlement extension requested
pursuant to condition of approval
1 5
75 Bayfront Blocks
E&G Hotel
Proposed 207-key hotel with
retail, restaurant, meeting
rooms and amenities
Master developer: Ledcor
Planning submittal anticipated
in 2024
1 6
76 America’s Tire
Approved 8,938-square foot
tire store at Creekside Center
Building permit ready to issue;
site improvement plans
approved
Potential construction in 2024
1 7
77 Sutter Health
Moving forward with purchase
of 100 and 200 Linus Pauling
Drive
Anticipating outpatient
medical office/imaging/blood
draw and additional parking
1 8
78 New Businesses
Learn & Play Montessori
Dynamite Donuts
KS Indian Grocery
KS Brows
1 9
79 Coming Soon!
Tandoori Pizza
(lease under negotiation at The Exchange)
*Tommy’s BBQ
(lease signed at Creekside Center)
*eligible for Hercules
Business Attraction grant program
2 0
80 Thank you!
Hercules City Council 01/23/2024
81 82
83 DISCUSSION AND/OR ACTION

AGENDA ITEM

2. 22-751

84 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer Christopher Roke, Parks and Recreation Director
SUBJECT: Professional Services Agreement with Gates & Associates in the amount of $ 76,450 for the Refugio Valley Park Picnic Area and Shade Structure Improvement Project
RECOMMENDED ACTION:

BACKGROUND:

Last summer approximately 40 eucalyptus trees were removed in Refugio Park due to public safety concerns from falling branches. The trees were concentrated in the highest- use areas, including the parking lot and adjacent picnic tables as well as the children’s play area. The removal work was performed in accordance with a certified arborist’s report.
22-751
85 The services of Gates & Associates, a landscape architecture firm on the City’s pre - qualified vendor list, was subsequently secured to assist with developing a succession plan for the trees that had been removed and the shade they provided.

The public was engaged through a survey at a pop -up event on Friday, September 15 during movie night. The survey then ran on a web -based application for the following 2 weeks. Over 350 people participated in the survey, which was a very strong turnout.

Using guidance from the Draft Parks Master Plan currently nearing completion and community input from the survey, 3 alternative conceptual plans were deve loped to address the trees that had been removed and shade they provided.

At the October 24, 2023 meeting, City Council selected Alternative 3 consisting of:

 Replacing the 40 trees that were removed with 72 new trees , including new locations around the northeast side of the walking trail.  Providing attractive Hip Roof shade structure s at each of the 2 picnic table locations.
 Replacing the picnicking surfacing with Portland cement concrete (i.e. similar to sidewalks) and installing new picnic tables and barbeques.

86 New Hip Roof Shade Structure

Bids are currently being solicited to purchase and plant the new trees, which is anticipated to occur in the next several months, depending upon tree species and contractor availability. This work is estimated to cost approximately $70K.

87 Staff has also secured a scope of work from Gates & Associates for the design of the remaining items in Alternative 3 and is recommending entering into an agreement to complete this work.

ANALYSIS:

Under this agreement, Gates & Associates will complete the design on the remaining work identified in Alternative 3 and provide bid and construction administration support.

The scope of work includes:

Design - Complete Construction Documents (i.e. 100% Plans, Specifications & Estimate or PS&E)
 Picnic Areas
 Shade Structures
 Site Furnishing (picnic tables, bbqs, waste receptacles)  Site accessibility including 2 accessible parking stalls, path of travel, and picnic area grading
Bid Support
 Assist the City with responses to bidder’s inquiries through the City’s Project Manager.
 Assist the City with addenda to the construction documents as needed to respond to bidder’s inquiries and clarify the intent of bid documents.  Assist the City in evaluating bids
 Prepare and submit a conformed set of contract documents incorporating all addenda
Construction Meetings
 Attend 1 Pre-construction meeting.
 Attend (2) walk-throughs of the Project site, review Contractor Punch List, and provide written response with status and action of items on the Punch List.

Consultant shall attend final walk-through of the Project site with the City, verify Punch List completion, and provide written response with recommendation regarding Project acceptance and close-out.

Construction Administration
 Assist the City in providing administration of the contract for construction.  Review technical submittals, shop drawings, product data, product samples, and product warranties from the contractor for conformance with the specifications and drawings in accordance with City’s timelines and requirements.  Respond to Contractor’s Request for Information (RFI) and Request for Substitution (RFS) in accordance with City timelines.
 Prepare the Scope of Work, including sketches, for Field Instructions issued to the Contractor. Review Change Order (CO) pricing and provide written responses for the City’s review and finalizing said COs. 88 Construction Administration (Tree Replacement)
 Assist the City in providing construction administration services related to tree replanting as presented in Option 3 of the 10-17-2023 Tree Succession and Shade Structure Plan
 City to manage procurement and installation of trees by City maintenance staff.  Gates to provide review of tree photos prior to delivery  Gates to provide 1 field visit to inspect tree for health and proposed locations prior to installation.

Outline of Scope and Boundary of Work for Picnic Area Improvements

89 FISCAL IMPACT:

The Adopted FY 23/24 Capital Improvement Program (CIP) includes a $200K appropriation for a park improvement project funded by General Fund/Capital Reserves.

Authorization was provided at the Council meeting on October 24, 2023, to apply this funding towards the Refugio Valley Park Picnic Area and Shade Structure Improvement Project. This funding amount is sufficient to cover the cost of the tree replacement work and this Agreement.

ATTACHMENTS:

Attach 1- Resolution
Attach 2 – Agreement including Scope of Work. Bios, Company Profile

90 RESOLUTION NO. 24-

RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES APPROVING

A PROFESSIONAL SERVICES AGREEMENT WITH GATES & ASSOCIATES IN THE AMOUNT OF $76,450 FO R THE REFUGIO VALLEY PARK PICNIC AREA AN D

SHADE STRUCTURE IMPR OVEMENT PROJECT AND AUT HORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY COUNCIL

WHEREAS, last summer approximately 40 eucalyptus trees were removed in Refugio Park due to public safety concerns from falling branches; and

WHEREAS, Gates & Associat es was subsequently hired to develop a tree and shade replacement plan; and

WHEREAS, at the October 24, 2023 meeting the City Counc il selected an alternative to plant 72 new trees, provide shade structures at each of the 2 pi cnic table locations, and replace the surfacing and picnicking furniture; and

WHEREAS, under this agreement Gates & Associates will design these improv ements and provide bid and construction administration support; and

WHEREAS, there is suffic ient funding in the adopted FY 23/24 Capi tal Im provement Program to cover the cost of this agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves a professional services agreement with Gates & Associates in the amount of $76,450 for the Refugio Valley Park Picnic Area and Shade Structure Improvement Project and authoriz es the City Manager to execute the agreement on behalf of the City Council.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-third day of January, 2024 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Dan Romero, Mayor
ATTEST:

Eibleis Melendez, City Clerk
91 Professional Services Agreement Agreement No. <24-003-CM> City Attorney Approved, 082321 Page 1
Refugio Valley Park

CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“Agreement”) for professional services is made on January 23, 2024, between the City of Hercules, a California municipality (“City”), and David L. Gates and Associates dba Gates + Associates, a California 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 January 23, 2024 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement .

Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.

3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed SEVENTY-SIX THOUSAND FOUR HUNDREDS AND FIFTY DOLLARS ($76,450.00), without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement.

Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.

3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.

3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .

Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.

4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.

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Refugio Valley Park

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 David L. Gates and Associates dba Gates + Associates 111 Civic Drive 1655 N. Main Street, Ste 365
Hercules, CA 94547 Walnut Creek, CA 94596
(510) 799-8200 925) 736-8176
Attn: City Clerk Attn: Chuck Gardella
[email protected]

Copy to: Mike Roberts Copy to: _____________________
Email: [email protected] 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, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided 93 Professional Services Agreement Agreement No. <24-003-CM> City Attorney Approved, 082321 Page 3
Refugio Valley Park

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 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.

8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.

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Refugio Valley Park

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.

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10. Early Termination.

10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.

10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.

Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.

11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City ’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.

12. Records. Unless otherwise specified in Attachment A, 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.

13. General Provisions.

13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.

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

13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.

13.3.1 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.

13.3.2 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 96 Professional Services Agreement Agreement No. <24-003-CM> City Attorney Approved, 082321 Page 6
Refugio Valley Park

the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.

13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.

13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.

13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.

13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.

13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.

13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.

13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the P arty waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.

13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the 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.

13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement. 97 Professional Services Agreement Agreement No. <24-003-CM> City Attorney Approved, 082321 Page 7
Refugio Valley Park

13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.

[Signature page follows.]

98 Professional Services Agreement Agreement No. <24-003-CM> City Attorney Approved, 082321 Page 8
Refugio Valley Park

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/_______________________________

_________________________________
Eibleis Melendez, City Clerk

Date: ___________________________

CONSULTANT: ___________________________________________________ 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 Act 99 Refugio Valley Park Construction Documents
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REFUGIO VALLEY PARK
Hercules, CA
TASK 1 – DATA COLLECTION
The objective of this task is to develop an understa nding of project and site opportunities and constraints through review of previous studies, site reconnaissance and research.

Subtask 1.1 – Project Initiation
Gates to organize kickoff meeting with City staff. W e anticipate that the following will be discussed at this meeting:
• Roles and communication - protocols between team members and City staff. • Review project goals and challenges.
• Discuss and adopt a baseline schedule with key milestones for the project.

Review available existing documents including:
• City Standards
• Existing plans

Conduct monthly virtual check in calls to monitor project process and address outstanding issues. GATES to maintain project log, prepare agenda and facilitate meetings.

Subtask 1.2 – Field Reconnaissance
Site Visit to review existing irrigation system cove rage and operation with city staff.

Subtask 1.3 – Topographic Survey
CSW will perform field survey services to locate exi sting site features within the project area shown above. The topographic survey will identify visible utilities, walls, fence corners, edge of pavement, significant trees (trunk diameters >6”), grade breaks, and ground shots. We will prepare a topographic base map of the project in AutoCAD dwg format. Contour intervals will be 1-foot or 2-foot. Horizontal Datum will be on California State Plane Coordinates, North American Datum of 1983 (NAD83), Zone 3 Vertical Datum on North American. Vertical Datum will be North American Vertical Datum 1988 (NAVD88).

DELIVERABLES:

Project Schedule
Meeting Agendas and Meeting Notes
Topographic Base Map
MEETINGS:

Kick Off/ Site Visit (1)
Monthly Check-In Virtual (6)

TASK 2 – DESIGN DEVELOPMENT
The objective of this task is to finalize the initia
l concepts of the picnic areas, layout, structures, and site furnishings.

Subtask 2.1 –Design Development
Based on the concept plan, field reconnaissance, and city input; prepare a refined picnic area design plan and options to align with project budget.
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Coordinate park elements with City staff and design team including: site grading, drainage, perimeter conforms, proposed trees, existing drainage, irrigation system, construction access, accessible path of travel, and visible sight lines with design team.

Finalize all material mfrs, models, finishes, and colors including: paving, shade structures, picnic tables, bbq’s, waste receptacles, accessible elements, irrigation components and City Standards.

Identify any long lead items which may impact the construction schedule. Provide specifications to prioritize material submittals.

Coordinate site accessibility, 2 accessible parking lot stalls, and picnic area grading to maintain existing drainage patterns. Modification of site utilities and drainage systems is not included.

Develop Design Development plans including:
• Title Sheet • Irrigation Plan
• Notes and Legends • Layout Plan
• Demolition Plan • Planting Plan
• Grading Plan • Construction details

Prepare Design Development cost estimate for all proposed improvements

DELIVERABLES:
100% Design Development Submittal
MEETINGS:

City (1)

TASK 3 – CONSTRUCTION DOCUMENTS
The objective of this task is to provide constructio n documentation for the successful implementation of project design.

Subtask 3.1 – 90% PS&E
Meet with City staff, to review City comments on the Design Development submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments. Coordinate and document meetings as required.

Provide written response matrix to City’s comments on the Design Development package

Updated Design Development package to 90% construction documents.

Prepare additional plans including:
• Accessibility Plan
• Existing condition Plan
• Erosion Control Plan

Update the engineer’s estimate of probable construction costs to 90% Provide 90% technical specifications in City format:

A. Provide modified sections to City standard specifications to suit Project. Modified sections include, but not be limited to, general information, summary of work, measurement and payment for bid items, permitting and agency regulatory requirements, low voltage cabling and equipment requirements, etc.

B. Provide required information to the City’s Project Specific Specification Book in City format including:

1. Description of work
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Page 3 ends

2. Type of contractor’s license required

3. Construction schedule

4. Bid schedule

5. Requirements for Contractor’s statement of qualifications

6. Identification of any changes to the City’s standard specifications that are required

Perform Quality Control review of entire plan set
Subtask 3.2 – 100% PS&E
Meet with City staff, as needed, to review City comm
ents on 90% submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments. Coordinate and document meetings as required.

Provide written response matrix to City’s comments on 90% PS&E.

Incorporate permit issuers’ comments into Plans and Specifications and coordinate with permitting departments and agencies to obtain acceptance of permit application package.

Perform Quality Control review of entire plan set

Prepare 100% stamped and signed construction documents, specifications and supporting information for the City’s review and approval.

Update cost estimates to 100% level

Shade structure details, foundations, and structural calculations shall be provided as a deferred submittal by the contractor upon award of bid.

DELIVERABLES:
90% PS&E
100% PS&E
MEETINGS:

City Staff (2)

TASK 4 – BID & CONSTRUCTION ADMINISTRATION (PICNIC A
REA)
The objective of this task is to ensure bidding and construction and is installed in conformance with the Contract Documents
Subtask 4.1 – Bid Support
• A ssist the City with responses to bidder’s inquiries through the City’s Project Manager. • Assist the City with addenda to the construction documents as needed to respond to bidder’s inquiries and clarify the intent of bid documents.
• Assist the City in evaluating bids
• Prepare and submit a conformed set of contract documents incorporating all addenda Subtask 4.2 – Construction Meetings
• A
ttend 1 Pre-construction meeting.
• Attend (2) walk-throughs of the Project site, review Contractor Punch List, and provide written response with status and action of items on the Punch List. Consultant shall attend final walk-through of the Project site with 102
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the City, verify Punch List completion, and provide written response with recommendation regarding Project acceptance and close-out.

Subtask 4.3 – Construction Administration
• A
ssist the City in providing administration of the contract for construction. • Review technical submittals, shop drawings, product data, product samples, and product warranties from the contractor for conformance with the specifications and drawings in accordance with City’s timelines and requirements.
• Respond to Contractor’s Request for Information (RFI) and Request for Substitution (RFS) in accordance with City timelines.
• Prepare the Scope of Work, including sketches, for Field Instructions issued to the Contractor. Review Change Order (CO) pricing and provide written responses for the City’s review and finalizing said COs.

TASK 5 –CONSTRUCTION ADMINISTRATION (PICNIC AREA)
The objective of this task is to assist the city in
the selection and field placement of the succession trees

Subtask 5.1 – Construction Administration (Tree Replacement) • A ssist the City in providing construction administration services related to tree replanting as presented in Option 3 of the 10-17-2023 Tree Succession and Shade Structure Plan • City to manage procurement and installation of trees by City maintenance staff. • Gates to provide review of tree photos prior to delivery • Gates to provide 1 field visit to inspect tree for health and proposed locations prior to installation.

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•
SCOPE OF WORK:

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COMPENSATION FOR SERVICES
The fee for the services indicated in Item I of this proposal shall be per Attachment A.

ADDITIONAL SERVICES
A. A ny extra services, including additional work or meetings, requested by the Client in addition to those indicated in this proposal shall be billed at the hourly rate listed below in addition to the fee indicated in Item III above.

Hourly Fees for Services of: Rate Per Hour:

Partner $225.00-$240.00
Principal $210.00 - $225.00
Associate Principal $195.00 - $210.00
Senior Associate $175.00 - $195.00
Associate Planner $165.00 - $185.00
Job Captain $155.00 - $175.00
Planner $135.00 - $165.00
Irrigation Designer $195.00 - $210.00
Marketing Coordinator $125.00 - $175.00
Administrative/Drafter $125.00 - $150.00

Note: The hourly rates shown may be revised as described in Appendix A, but would not affect the amount of compensation shown in Item III.

B. Additional services shall include but are not limited to the following:

1. Additional meetings to those described above.

2. Boundary and underground utility survey services

3. Geotechnical sampling, testing and report, electrical engineering, structural engineering, is not included within the scope of work.

4. Horticultural consulting and soils analysis.

5. Revisions to the design following commencement of the Construction Documents Phase and multiple phases

6. Preparation of front end (boilerplate) non-technical specifications.

7. Site Utilities and drainage

Accepted by:

__________________________________________ Date: ____________________ Mike Roberts,
City of Hercules
105
ATTACHMENT A Task and Hourly Schedule
Refugio Valley Park | Hercules, CA
GATES
+ ASSOCIATES CSW RMA

SUBTOTAL
Subtotal Fee $1,550 $8,950 $900 $11,400
Subtotal Fee $7,930 $4,750 $900 $13,580
Subtotal Fee $10,790 $12,100 $3,000 $25,890
Subtotal Fee $8,895 $6,500 $1,750 $17,145
Subtotal Fee $3,180 $0 $600 $3,780
Subtotal $32,345 $32,300 $7,150 $71,795
Consultant Markup (10%) $3,230 $655 $3,885
TOTAL BASE SCOPE FEE $32,345 $35,530 $7,805 $75,680
Reimbursable Allowance 400$ 250$ 120$ 770$ Grand Total $76,450
TASK 5 - CA (Succession Trees)

SUMMARY BY COMPANY
TASK 4 - Bid and CA (Picnic Area)
TASK 1 - Data Collection
TASK 2- Design Development
TASK 3 - CONSTRUCTION DOCUMENTS
106
Principal Senior
Associate Job Captain Production
Hourly Rate $220 $185 $165 $140 SUBTOTAL
Subtask 1.1 Data Collection 2 2
Subtask 1.2 Field Reconnaissance 4
Subtask 1.3 Topographic survey 0
SUBTASK HOURS 2 6 0 0
SUBTOTAL FEE $440 $1,110 $0 $0 $1,550
Subtask 2.1 Design Development 4 2 32 10
SUBTASK HOURS 4 2 32 10
SUBTOTAL FEE $880 $370 $5,280 $1,400 $7,930
Subtask 3.1 90% PS&E 8 6 16 8
Subtask 3.2 100% PS&E 4 4 12 4
SUBTASK HOURS 12 10 28 12
SUBTOTAL FEE $2,640 $1,850 $4,620 $1,680 $10,790
Subtask 4.1 Bid Support 1 6 2
Subtask 4.2 Construction Meetings (3) 9
Subtask 4.3 Construction Admin (picnic area) 2 28
SUBTASK HOURS 3 43 0 2
SUBTOTAL FEE $660 $7,955 $0 $280 $8,895
Review submittals & photos 1 6
Field inspection trees and placement (2 site visits) 10 SUBTASK HOURS 1 16 0 0
SUBTOTAL FEE $220 $2,960 $0 $0 $3,180
TOTAL $32,345
Reimbursable Allowance 500$
TASK 5- CA (TREES ONLY)
GATES + ASSOCIATES
TASK 1 - PROJECT KICK-OFF
TASK 2 - DESIGN DEVELOPMENT
TASK 3- CONSTRUCTION DOCUMENTS
TASK 4- CA (PICNIC AREA)
107
Project Manager Engineer III Engineer I Site Survey Party Hourly Rate $216 $175 $129 $283 SUBTOTAL
Subtask 1.1 Data Collection 2 2
Subtask 1.2 Field Reconnaissance
Subtask 1.3 Topographic survey 5 2.54 23
SUBTASK HOURS 5 4.54 0 25
SUBTOTAL FEE $1,080 $795 $0 $7,075 $8,950
Subtask 2.1 Design Development 2 8.457 22
SUBTASK HOURS 2 8.457 22 0
SUBTOTAL FEE $432 $1,480 $2,838 $0 $4,750
Subtask 3.1 90% PS&E 2 16 33.12
Subtask 3.2 100% PS&E 2 12 16
SUBTASK HOURS 4 28 49.12 0
SUBTOTAL FEE $864 $4,900 $6,336 $0 $12,100
Subtask 4.1 Bid Support 2.143
Subtask 4.2 Construction Meetings (1) 3
Subtask 4.3 Construction Admin (picnic area) 32
SUBTASK HOURS 0 37.143 0 0
SUBTOTAL FEE $0 $6,500 $0 $0 $6,500
Review submittals & photos
Field inspection trees and placement (1 site visits)
SUBTASK HOURS 0 0 0 0
SUBTOTAL FEE $0 $0 $0 $0 $0
TOTAL $32,300
Reimbursable Allowance 500$
TASK 1 - PROJECT KICK-OFF
TASK 2 - DESIGN DEVELOPMENT
TASK 3- CONSTRUCTION DOCUMENTS
TASK 4- CA (PICNIC AREA)
TASK 5- CA (TREES ONLY)
CSW
108
RMA
Project Manager
Hourly Rate $150 SUBTOTAL
Subtask 1.1 Data Collection
Subtask 1.2 Field Reconnaissance 6
Subtask 1.3 Topographic survey
SUBTASK HOURS 6
SUBTOTAL FEE $900 $900
Subtask 2.1 Design Development 6
SUBTASK HOURS 6
SUBTOTAL FEE $900 $900
Subtask 3.1 90% PS&E 12
Subtask 3.2 100% PS&E 8
SUBTASK HOURS 20
SUBTOTAL FEE $3,000 $3,000
Subtask 4.1 Bid Support 2
Subtask 4.2 Construction Meetings (1) 2
Subtask 4.3 Construction Admin (picnic area) 7.665
SUBTASK HOURS 11.665
SUBTOTAL FEE $1,750 $1,750
Review submittals & photos 2
Field inspection trees and placement (1 site visits) 2
SUBTASK HOURS 4
SUBTOTAL FEE $600 $600
TOTAL $7,150
Reimbursable Allowance 500$
TASK 1 - PROJECT KICK-OFF
TASK 2 - DESIGN DEVELOPMENT
TASK 3- CONSTRUCTION DOCUMENTS
TASK 4- CA (PICNIC AREA)
TASK 5- CA (TREES ONLY)
109
GATES + ASSOCIATES
1 AREAS OF EXPERTISE
• ReScape Landscapes
• CAD Design
• Construction Review
• Construction Documents
• Technical Review
• LEED Certification
• Green/Sustainable Design
• Green Roof Design
• Playground Structures
• ADA Requirements
• Roofdeck Design
• Synthetic Turf/Sports Field

REGISTRATIONS
Landscape Architect, California #4721
Expiration: October 2024

PROFESSIONAL EXPERIENCE
Gates & Associates, 1998 - Present
LARE Grading Instructor, ASLA, 2002
Sustainable Communities Consortium,
1997-1998

EDUCATION
B.S., Architecture,
U.C. Davis, 1998

PROFESSIONAL AFFILIATIONS
California Parks and Recreation Society

CHUCK GARDELLA, RLA

PRINCIPAL
CHARLES (CHUCK) GARDELLA is a Principal at Gates + Associates who has worked on a wide range of public and private projects with a focus on construction documentation and administration. Grounded in 25+ years of experience, his strong technical expertise makes him an exceptional member of the team.

He has managed many public projects and is highly familiar with their unique issues. Chuck is well versed in the design of LEED, CHPS, and ReScape projects.

He is ReScape Qualified Landscape Professional and an Accredited Green Roof Professional and therefore has extensive sustainable design expertise.

RELEVANT PROJECT EXPERIENCE

PARKS & RECREATION
• Caldwell Park, Redding, CA
• Central Park Master Plan, Santa Clara, CA
• Daly City Parks & Open Space Master Plan, Daly City, CA • Everett “Eddie” N. Souza Park, Santa Clara, CA
2018 APWA Project of the Year
• Hill Recreation Area, Novato, CA
• Homeridge Park Rehabilitation Project, Santa Clara, CA • Imagine Playground, Dublin, CA
2021 CPRS Award of Excellence in Design - Park Planning 2022 NorCal APWA Project of the Year ($5M-$25M)
• Ken Mercer Cricket Field, Pleasanton, CA
• Lila Bringhurst Community Park, Fremont, CA
• Meadow Homes Spray Park, Concord, CA
• Middle Harbor Shoreline Park, Oakland, CA
• Pittsburg Premier Fields, Pittsburg, CA
• Sandalwood Park, Milpitas, CA
• San Leandro Shoreline, San Leandro, CA
• Staples Ranch Neighborhood Park, Pleasanton, CA
• Sun Valley Park, San Rafael, CA
• The Preserve Neighborhood Park & Rose Garden, San Ramon, CA • Twin Pines Park Master Plan, Belmont, CA
• Waterfront Art History Park, Vallejo, CA
• Westborough Park, South San Francisco, CA
110
GATES + ASSOCIATES
2 REGISTRATIONS
Registered Civil Engineer, CA #67892

PROFESSIONAL EXPERIENCE
CSW|ST2, 2001 - Present
Kiewit, 1997 - 2001

EDUCATION
B.S., Civil & Environmental Engineering,
U.C. Davis, 1997

SELECT HONORS & AWARDS
Glorietta Boulevard Safe Routes to Schools
APWA Local Street Award of the Year 2019

RICH SOUZA, PE, QSD/QSP

CIVIL PROJECT MANAGER
RICH SOUZA has over 19 years professional engineering experience including ten years of managing projects for public agencies and private developers. Rich has managed many projects that involved coordination with multiple stakeholders, gaining approvals from multiple agencies and forming consensus from multiple groups of interest. His experience includes roadway design, multi-use trails design, grading and drainage design, erosion control design, sanitary sewer and septic design, joint trench design, construction management and design team coordination.

RELEVANT PROJECT EXPERIENCE
• Lycee Francais/Martin Luther King Jr . Park and Tennis Courts, Sausalito, CA • Ned’s Way Joint Recreation Facility Modernization, Tiburon, CA • EBRPD Crockett Hills Regional Park Parking Lot and Staging Area, Crockett, CA • McInnis Skate Park, San Rafael, CA
• Pickleweed Park and Community Center, San Rafael, CA
• Bolinas Skate Park, Bolinas, CA
• Boorman Park Improvements, Richmond, CA
• Stafford Lake Bike Park and New Staging Area, Marin County Parks, Novato, CA • Paradise Beach County Park, Tiburon, CA
• Tennessee Valley Multi-Use Pathway Improvements, Marin County, CA • Marin County Parks, Agate Beach Park Improvements, Marin County, CA 111
GATES + ASSOCIATES
3 CERTIFICATIONS
Certified Irrigation Designer (CID) Irrigation
Association
Certified Landscape Irrigation Auditor
(CLIA) Irrigation Association

PROFESSIONAL EXPERIENCE
RMA 2022-Present
Gates + Associates 1996-2021
Brookwater, Irrigation Consultant 1989-
1996

EDUCATION
Irrigation Design Certificate., Polytechnic
University, San Luis Obispo, CA 1995
A.A. Electronic-Mechanical Design, Las
Positas College, 1992

PROFESSIONAL AFFILIATIONS
American Society of Irrigation Consultants
(ASIC)
Professional Irrigation Consultant Member,
Irrigation Association (IA
)
JEFF BRADSHAW has over three decades of experience in various aspects of irrigation consulting including design, plan review, design review, irrigation and water management, master planning, hydraulic calculation, project specifications, field observation, irrigation scheduling, water usage calculation, and irrigation water auditing. He is a professional member of the American Society of Irrigation Consultants and has served as Vice President and Secretary. He is also an Associate Member of the Irrigation Association and Certified Landscape Irrigation Auditor with the Irrigation Association. Jeff’s project experience includes irrigation design of commercial and industrial projects, residential communities, parks and athletic fields, large recreational facilities, and several major highway projects, many of which included the usage of reclaimed water .

RELEVANT PROJECT EXPERIENCE
PARKS
• Doyle Hollis Park, Emeryville, CA
• Emerald Glen Park, Dublin, CA
• Cannery Park, Hayward, CA

COMMUNITY PROJECTS
• Castro Valley Library, Castro Valley, CA
• Claremont Library, Berkeley, CA
• San Leandro Senior Center, San Leandro, CA
• Roosevelt Community Center, San Jose, CA
• West Sacramento Community Center, West Sacramento, CA • Oakley Community Center, Oakley, CA

SCHOOLS
• Skyline College, San Bruno, CA
• Kolb Elementary, Dublin, CA
• Las Positas College, Livermore, CA

RESIDENTIAL PROJECTS
• Ellis, Tracy, CA
• Boulevard, Dublin, CA
• Wallis Ranch, Dublin, CA

JEFF BRADSHAW

IRRIGATION PROJECT MANAGER
112

COMPANY PROFILE
GATES + ASSOCIATES is a women-owned, SBE-certified 30-person Landscape Architecture, Urban Design and Land Planning firm located at our sole office in Walnut Creek, where all work will be performed. Established in 1977, our lasting success is due to our unique blend of strong design skills, sensitivity to the influence of environmental and cultural settings, understanding of construction realities, and true commitment to consensus building. Our firm’s returning client base and numerous design awards reflect this commitment. We strive to enrich user experience through each project’s unique space, and utilize a combination of leadership and technical knowledge to transform conceptual visions into reality. The spaces we design are not only usable, educational, and inspirational but durable and designed for maintainable longevity. We strongly advocate the integration of sustainable design practices, and our firm brings extensive knowledge of stormwater management BMPs and Water Efficient Landscape Strategies. Gates is also is an industry leader in ReScape Landscapes, and includes LEED Accredited Professionals, certified inclusive play designers, and an in-house arborist.

MISSION STATEMENT
Gates + Associates strives to make the world a better place by getting people outside.

Our firm lives and breathes a passion for exploring parks of all kinds and learning what makes them welcoming & successful. As stewards of the land, we enjoy partnering with municipalities throughout California to understand their goals and current issues to strategically and thoughtfully plan, design and construct park & recreation facilities that truly reflect the needs & priorities of their constituents.

PUBLIC SECTOR EXPERIENCE
A significant portion of our work involves public bid projects – parks, trails, streetscapes, libraries, civic centers and schools. As a result, we have implemented numerous procedures and standards for quality control and constructability review at key milestones in the design process. Each year, Gates oversees the construction of millions of dollars of improvements, and have developed a process that ensures we honor initial promises while remaining within budget. Our plans and specifications are internally reviewed prior to submittal for constructability and consistency with local standards. We pride ourselves on our ability to deliver quality projects in a “low bid” environment and with a very low change order record.

SUBCONSULTANTS
We are thrilled to include Rich Souza with CSW for civil engineering services on this project. Rich has over 19 years professional engineering experience including ten years of managing projects for public agencies and private developers. Rich has managed many projects that involved coordination with multiple stakeholders, gaining approvals from multiple agencies and forming consensus from multiple groups of interest.

Jeff Bradshaw
with RMA will provide irrigation services on this project. He has over three decades of experience in various aspects of irrigation consulting including design, plan review, design review, irrigation and water management, master planning, hydraulic calculation, project specifications, field observation, irrigation scheduling, water usage calculation and irrigation water auditing.

John Buckley Square, Pittsburg, CA
Westborough Park, South San Francisco, CA
Workshop Booth at a “Back to School” Event
Tunitas Creek County Beach, San Mateo County, CA
113

DISCUSSION AND/OR ACTION

AGENDA ITEM

3. 22-752

114

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer Joseph Vasquez, Police Chief
SUBJECT: Professional Services Agreement with SERA Architecture in the amount of $ 57,918 for the Police Lobbies Security Improvement Project and Appropriation of $57,918 from the Asset Seizure Fund to fully fund the Agreement
RECOMMENDED ACTION:

Adopt a Resolution approving a professional services agreement with SERA Architecture in the amount of $ 57,918 for the Police Lobbies Security Improvement Project, appropriating $57,918 from the Asset Seizure Fund to fully fund the Agreement, and authorizing the City Manager to execute the agreement on behalf of the City Council.

BACKGROUND:

The Police Department has two lobbies that are open to the public, a main lobby which is accessed from the City Hall lobby and is open during City Hall working hours, and a night lobby accessed from a breezeway . Police staff interface with citizens in both lobbies, which also provide direct access to the interior of the Police Department that houses support specialists, sworn officers, and confidential records.

While the lobbies were built to acceptable standards of the day , it is recommended security improvements be made for the current threat level for personnel and maintaining confidential records. This would include providing walls, doors, and public windows that prevent unauthorized access to the interior of the Police Department and penetration from projectiles including large caliber bullets.
22-752
115

ANALYSIS:

Under this agreement, SERA will redesign the Police main lobby to usable office space and relocate the public window to the common wall shared with the City Hall main lobby while the basic configuration of the night lobby will remain intact . The walls, doors, and public windows of both facilities will be designed to prevent unlawful entry and penetration from projectiles including large caliber bullets.

SERA’s scope of work also includes bid support, construction support including periodic inspections, processing submittals, responding to inquiries from the contractor, reviewing pay applications, generating punch lists, and creating final record drawings.

The alternative to proceeding with the security improvements would be to maintain the status quo (i.e. not make improvement s). Given the importance of safety and liability associated with maintaining confidential records, it is recommended Council proceed with awarding the Agreement and subsequent improvements.

FISCAL IMPACT:

There is sufficient funding for this Agreement in the Asset Seizure Fund No. 101, which is funded from money received from Police -confiscated drug money and property and is restricted for police-related activities.

Funding Sources Account Numbers Amount
Asset Seizure Fund 101-5160-630.90-01 $57,918

The construction cost to modify the lobbies, which is roughly estimated to cost $300K, could be funded through a combination of Police Impact Fees and General Fund/Capital Reserves. SERA will develop a construction-level estimate concurrently with the design of the project.

ATTACHMENTS:

Attach 1- Resolution
Attach 2 – Agreement including Scope of Work

116
RESOLUTION NO. 24-

RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES APPROVING

A PROFESSIONAL SERVICES AGREEMENT WITH S ERA ARCHITECTURE IN THE AMOUNT OF $58, 176 FOR THE POLICE LOBB IES SECURITY IMPROVEMENT PROJECT, A PPROPRIATING $61,085 FROM THE ASSE T SEIZURE FUND TO FULLY FUND THE AGREE MENT, INCLUDING 5% I N CONTINGENCY FUNDIN G,

AND AUTHORIZING THE CITY MANAGER TO EXEC UTE THE AGREEMENT ON

BEHALF OF THE CITY COUNCIL

WHEREAS, the Police Department has two lobbies that are open to the public , a main lobby which is accessed from the City Hall lobby and is open during City Hall working hours, and a night lobby accessed from a breezeway; and

WHEREAS, Police staff interface with citizens in both lobbies, which also provide direct access to th e interior of the Police Department that houses support specialists , sworn officers, and confidential records; and

WHEREAS, while the two lobbies were built to the standards of the day , security improvements are neede d to meet the current threat level for personnel and for maintaining confidential records; and

WHEREAS, the Agreement with SERA Architecture will provid e the design for security improvements to both lobbies and SERA is on the City’s pre-approved vendor list; and

WHEREAS, there is suffic ient funding i n the Asse t Seizure Fund to cover the cost of this Agreement and in the General Fund/Capital Reserves & Police Impact Fees for the construction cost.

117
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves a professional serv ices agreement with SERA Architecture in the amount of $58, 176 for the Police Lobbies Security Improvement Project, appropriates $61,085 from the Asset Seizure Fund to fully fund the Agreement, including 5% in Co ntingency Funding, and authoriz es the City Manager to execute the agreement on behalf of the City Council.

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Dan Romero, Mayor

ATTEST:

Eibleis Melendez, City Clerk
118

Professional Services Agreement Agreement No. <24-002-CM> City Attorney Approved, 082321 Page 1
Hercules Police Lobbies

CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“Agreement”) for professional services is made on January 23, 2024, between the City of Hercules , a California municipality (“City”), and SERA Design and Architecture, Inc., a cooperation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.

3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed Fifty-Seven Thousand Nine Hundred and Eighteen Dollars ($57,918.00), 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.

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.

5. Consultant’s Warranties.

Professional Services Agreement Agreement No. <24-002-CM> City Attorney Approved, 082321 Page 2
Hercules Police Lobbies

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.

City: Consultant:

City of Hercules SERA Design and Architecture, Inc. 111 Civic Drive Address: 304 12
th Street Suite 3A
Hercules, CA 94547 Oakland CA, 94607
(510) 799-8200 Phone: (510) 480-4988
Attn: City Clerk Attn: Stuart Colby
[email protected]
Copy to: Mike Roberts Copy to: Shweta Mhatre
Email: [email protected] Email: [email protected]

7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.

Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.

7.1 T o the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided under this Agreement are desi gn professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

Professional Services Agreement Agreement No. <24-002-CM> City Attorney Approved, 082321 Page 3
Hercules Police Lobbies
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.

8.1 The following insurance policies and limits are required for this Agreement:

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:

121

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Hercules Police Lobbies
(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.

(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.

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.

10. Early Termination.

122

Professional Services Agreement Agreement No. <24-002-CM> City Attorney Approved, 082321 Page 5
Hercules Police Lobbies

13. General Provisions.

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

13.3.2 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 the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.

13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.

13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.

123

Professional Services Agreement Agreement No. <24-002-CM> City Attorney Approved, 082321 Page 6
Hercules Police Lobbies

13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.

13.13 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.

[Signature page follows.]

124
The Parties agree to this Agreement as witnessed by the signatures below:.

CITY: Approved as to form:
s/ s/
Dante Hall, City Manager
Date:

Patrick Tang, City Attorney
Date:

Attest
s/
Eibleis Melendez, City Clerk
Date:

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Name/Title
Date: Ol
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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 Act Professional Services Agreement
City Attorney Approved, 082321
Hercules Police Lobbies
Agreement No. <24-002-CM>

Page 7 ends

125
Architectural Services | Scope of Work
Date January 16, 2024
Project Name City of Hercules- Police Lobbies
Project Number 2303145.01
Attention Mike Roberts
Address City of Hercules
111 Civic Dr.

Hercules CA
Overview SERA Design and Architecture, Inc. (“SERA”) appreciates the opportunity to submit this Architectural Scope of Work for the design, bid and construction administration support for security improvements of two Police Lobbies at the City of Hercules City Hall Building. The main lobby is approximately 100 sq ft, and the night entrance lobby is 115 sq ft. There is no exterior work proposed, the scope concentrates on improving interior partitions and providing enhanced security at walls and public windows.

Scope of Work SERA will provide one concept design (15% design development) study for each lobby which reflects the proposed improvements. After one iteration of feedback on the concept design from Stakeholders ( Chief Vasquez, Mike Brown & Jeff Roberts) and a notice to proceed, SERA will create construction drawings for bidding, permitting and provide construction administration services . It is assumed that design services along with construction documents and permitting for both lobbies will be concurrent.

It is understood that the two lobbies may have different timelines and one may be renovated before the other.

Project
Deliverables
Deliverables include:
▪ Site visit by the design principal and project manager to meet with stakeholders. ▪ Main & night lobby concept design development (plan & elevation) ▪ Concept design review meeting with stakeholders (in person) ▪ One iteration of concept design from feedback (plan & elevation) ▪ Review of finalized concept plans
▪ Construction drawings for City use in permitting, bidding and construction. ▪ Assistance responding to questions from the permitting authority and bidders ▪ Virtual attendance at Owner/Architect/Contractor meetings (assuming 8 total for both lobbies)
▪ Two site visits during construction (one for each lobby), two punch walks to review the completed construction (one for each lobby)
▪ Responding to inquiries and submittals from the contractor ▪ Reviewing pay applications from the contractor
▪ Record drawings for the City in CAD and PDF based off as-builts from the contractor.

Attachment A: Scope of Services
Attachment B: Payment
126

Page 2 of 3 ends

Design &
Construction
Schedule

Based upon this scope of work and the meetings with you, we are targeting the following schedule for the project:

Concept design 3 weeks
Finalize concept 2 weeks
Construction documents 3 weeks
Bidding & permitting 9 weeks
Construction 22 weeks
Note that the anticipated construction schedule is driven by potential long lead items (secure transaction windows).

Compensation Based upon the assumptions and scope of services indicated above, our fee is on a time and materials basis, not to exceed Fifty-Six Thousand Five Hundred and Eighty-Seven Dollars ($ 56,587.00). Our services will be billed monthly against this limit at the rates within this Scope of Work. The fee does not include reimbursable expenses which will be billed monthly at 4% multiplier of the above fee for a total fee of One Thousand and Three Hundred and Thirty-One Dollars only ($ 1,333.00). The reimbursable expenses that are covered in the multiplier are within this Scope of Work.

Exhibit A (SERA’s resourcing breakdown by Phase, attached here to)

Exhibit B (Directional Logic’s fee by phase to provide a Cost Estimate)

Total Project Fee (SERA + Directional Logic and including allowance for structural engineer as needed)

127

Page 3 of 3 ends

Additional Service s The following services, if needed, will be in addition to the fee for basic services and will be performed at your written request on a time and materials basis, using the billing rates current as of the time of the request.
▪ Hazardous material assessment
▪ Inventory of existing furniture and equipment
▪ Furniture selection, bid coordination, delivery, and installation coordination. ▪ Move coordination.
▪ Non-code related signage
▪ 3-D computer renderings

Billing Rates – 2023-2024 Rates

The following billing rates are applicable where basic services are computed on an hourly rate basis and for requested or required additional services. All billing rates are adjusted annually.

Principal (Level X) ................................ ................................ ................................ ................................ ................. $306.00-$326.00 Director (Level IX) ................................ ................................ ................................ ................................ .............................. $306.00 Sr. Project Manager/Architect/Designer/ Planner (Level VIII) ................................ ................................ .............................. $296.00 Project Manager/Architect/Designer/Planner (Level VII) ................................ ................................ ................................ ...... $257.00 Project Manager/Architect/Designer/Planner (Level VI)………………………………………………………………………….......$235.00 Sr. Job Captain Architect/Interiors/Planning (Level V)..............................................................................................................$219.00 Job Captain Architect/Interiors/Planning (Level IV) ................................ ................................ ................................ ............. $197.00 Jr. Job Captain Architect/Interiors/Planning (Level III) ................................ ................................ ................................ ......... $177.00 Project Assistant Architect/Interiors/Planning (Level II) ................................ ................................ ................................ ....... $150.00 Project Assist Architect/Interiors/Planning (Level I)…………………………………………………………………………………...$133.00 Administrative Personnel ................................ ................................ ................................ ................................ .................... $105.00 Specialist…………………………………………………………………………………………………………………………………...$525.00 Intern ....... …………………………………………………………………………………………………………………………………..$73.00

Reimbursables Reimbursables are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed as follows:

1. The following reimbursables will be covered by the percentage multiplier against the combined amount for Basic and Additional Services billed per month against the project.
▪ Transportation within the greater Bay Area
▪ Mass reproductio ns of drawing sets, r eprographics, postage and handling of drawings and other project documents for distribution to the Owner, General Contractor and sub-contractors.

2. The following reimbursables are not included in the above set percentage and will be billed only if authorized in advance, in writing by the client
▪ Transportation in connection with the Project outside of the -Bay Area area as indicated above; living expenses in connection with any authorized out-of-town travel and long distance communications. ▪ Permit, review, appeal or other miscellaneous fees required by an authority having jurisdiction for the Project. ▪ Renderings, models, presentation color boards and mock-ups requested by the Owner.

128
16-Jan-24
Hercules Police Station - City Hall
Concept
Design +
1 iteration
Construction
Documents Permit/Bid Construction Closeout Total
Wks/Hrs Total Fee
2023-2024 rates 5.0 Wks 3.0 Wks 9.0 Wks 21.0 Wks 1.0 Wks 39.0 Wks

0.00 -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 -$

0.00 -$ 0.00 -$ 0.00 -$ 0.00 -$ 0.00 -$ 0.00 -$ PIC Stuart $326 0.50 815$ 0.50 489$ 0.25 734$ 0.50 3,423$ 0.00 -$ 16.75 5,461$ PM Shweta $257 1.50 1,928$ 1.00 771$ 0.50 1,157$ 1.50 8,096$ 0.00 -$ 46.50 11,951$ P Arch TBD $296 1.00 1,480$ 0.75 666$ 0.25 666$ 0.00 -$ 0.00 -$ 9.50 2,812$ JC Matt L $219 8.00 8,760$ 8.00 5,256$ 1.00 1,971$ 1.50 6,899$ 3.00 657$ 107.50 23,543$ specs Margaret $190 0.00 -$ 2.00 1,140$ 0.00 -$ 0.00 -$ 0.00 -$ 6.00 1,140$ qa/qc Marc $296 0.00 -$ 0.50 444$ 0.20 533$ 0.00 -$ 0.00 -$ 3.30 977$ Admin Marianna $100 0.50 250$ 0.50 150$ 0.25 225$ 0.00 -$ 0.00 -$ 6.25 625$ 13,233$ 8,916$ 5,285$ 18,417$ 657$ 195.8 46,507$ Hours
/ Wk
Exhibit A - SERA’s resourcing breakdown by Phase
Hours /
Wk
Hours
/ Wk
Hours
/ Wk
Hours /
Wk
129
Stuart Colby | LEED AP, NCARB
Principal
Stuart has 40 years of experience in both building
and campus-scale projects, focusing on unique and
complex programs. From space programming to
facilities management, he has been an integrator on
both public and private projects through his career,
endeavoring to innovate design through project
delivery forms, leading-edge technology solutions,
and internal team development. As Director of
SERA ’s Workplace Studio, Stuart defines high-value
workplace approaches and helps clients translate
them into solutions that fit their organization.

Shweta Mhatre | LEED AP
Associate, Project Manager
Shweta brings more than 18 years of diverse
experience in public, workplace, retail, mixed-use,
performance and adaptive reuse spaces. She
excels at building collaborative relationships with
multiple partners to facilitate innovative solutions
and successful project completion in a fast-paced
environment. Before SERA, Shweta designed and
led a team of consultants on projects for various
public agencies in the Bay Area, including the cities of Alameda and Berkeley, and is currently working with
the City of Hercules through an on-call project.

SELECT PROJECT EXPERIENCE
City of Hercules, On-Call Contract (Hercules, CA)
Fire Station #76 Re-roof
Hercules Public Library Maintenance
Google (Mt. View + Sunnyvale, CA)
Googleplex B40 & B43 HQ Campus
Java / Geneva Campus Renovation
Crossman Buildings
1265 Borregas Office Building
North Bayshore Campus Master Plan
Cloud Space Customer Experience Center
LinkedIn Middlefield Campus (Mt. View, CA)
SERA Bay Area Office TI (Oakland, CA)
Edith Green Federal Office Building Modernization -
LEED Platinum (Portland, OR)
T own of Danville Library and Community Center
(Danville, CA)*
City of Burlingame, Public Library (Burlingame, CA)*
City of Berkeley, Central Library Restoration and
Expansion (Berkeley, CA)*
University of California - Berkeley, Richmond
Field Station – Northern Regional Library Phase III
(Berkeley, CA)*

ACCREDIT A TION
Licensed architect in Oregon,
California
NCARB
LEED-Accredited Professional

EXPERIENCE
SERA since 2005, other firms
since 1985

SELECT PROJECT EXPERIENCE
City of Hercules, On-Call Contract (Hercules, CA)
Fire Station #76 Re-roof
Hercules Public Library Maintenance
Google (Mt. View + Sunnyvale, CA)
Googleplex B40 & B43 HQ Campus
Java / Geneva Campus Renovation
Crossman Buildings
1265 Borregas Office Building
North Bayshore Campus Master Plan
Cloud Space Customer Experience Center
City of Alameda (Alameda, CA)*
Ferry Pier Design and Construction
(with WET A) Adaptive Reuse of General
Storehouse on Historic Naval Base
City of South San Francisco, Feasibility
Report for Community Spaces (San
Francisco, CA)

ACCREDIT A TION
Licensed architect in California
LEED-Accredited Professional

EXPERIENCE
SERA since 2019, other firms
since 2002
*Prior to SERA *Prior to SERA
130
Ram Subramanian | LEED AP
BD+C
Associate, Project Architect
Ram is a firm believer in providing high quality housing and public spaces to people of all backgrounds.

He also believes in the potential of dense urban
environments, coupled with his conviction that
individuals can thrive in compact but thoughtfully
designed spaces. He is a LEED-Accredited
Professional and a champion for sustainably
designed buildings using healthy materials. He enjoys
crafting buildings with insights into building codes,
using his analytical skills and attention to detail.

Marc Abadie | AIA, CSI
Associate, T echnical Design Director
Marc has more than 20 years of experience involving
complex building types, from healthcare to higher
education to high-rise, multifamily housing. Marc
provides organization and leadership to project
teams as well as the ability to understand clients’
objectives and realize them into simple and effective
solutions.As T echnical Design Director at SERA,
Marc oversees administration of the firm’s Quality
Management policy, aids project teams with
technical building system and process questions, and
organizes collaboration between the specification,
construction administration, and production and
standards groups.

SELECT PROJECT EXPERIENCE
Magnolias Affordable Housing—targeting LEED
Platinum (Morgan Hill, CA)
McEvoy and Dupont Affordable Housing—targeting
LEED Platinum (San Jose, CA)
Carmel Partners, 520 Mateo (Los Angeles, CA)*
Tidewater Capital & Olympic Residential, 1028
Market—targeting LEED Silver* (San Francisco, CA)
Grosvenor Americas, 1951 Shattuck—targeting LEED
Gold*(Berkeley, CA)
SNK Realty, Arpeggio (Berkeley, CA)*
San Jose State University, Campus Village 2—LEED
Silver-equivalent (San Jose, CA)*
UC Riverside, Glasgow Dining Commons & Residence
Hall—LEED Silver-certified* (Riverside, CA)
Stanford University, Lathrop Library (Palo Alto, CA)*
LBNL, UC Berkeley, Computational Research &
Theory Facility —LEED Gold-certified (Berkeley, CA)*

ACCREDIT A TION
Council of Architecture, India
LEED Accredited Professional
BD+C

EXPERIENCE
SERA since 2021, other firms
since 2001

SELECT PROJECT EXPERIENCE
Saltwood Apartments (Portland, OR)
Oregon Health & Sciences University Collaborative
Life Sciences Building & Skourtes T ower — LEED
Platinum certified (Portland, OR)
Google (Mt. View + Sunnyvale, CA)
Googleplex B40 & B43 HQ Campus
1330 Geneva Lab Space
Google PDX
Department of Administrative Services (Salem, OR)
550 Justice Building T enant Improvement
Executive Building Renovation
The Gossamer Apartments (Portland, OR)
Modera Akoya Apartments (Portland, OR)
Modera Pearl Apartments (Portland, OR)
College Housing Northwest, Clay + Tiffany Student
Housing (Portland OR)
Encore on First Avenue Apartments (Mesa, AZ)
Glenwood Place Senior Living, The Lofts at Glenwood
(Vancouver, WA)

ACCREDIT A TION
Licensed architect in Oregon
Construction Specifications
Institute Member
American Institute of
Architects

EXPERIENCE
SERA since 2011, other firms
since 1999
*Prior to SERA
131

DISCUSSION AND/OR ACTION

AGENDA ITEM

4. 22-753

132

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Library Starry Cone Leak – Discuss Options and Recommendation to Approve Amendment No.1 with SERA Architecture in the amount of $71,963 to Design a Permanent Repair , for a not-to-exceed total contract amount of $81,369
RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Discuss options to address the Hercules Library Starry Cone leak.

2. Adopt a resolution approving Amendment No.1 with SERA Architecture in the amount of $71,963 to design a permanent repair, for a not-to-exceed total contract amount of $81,369 and authorizing the City Manager to execute the Amendment on behalf of the City Council.

BACKGROUND:

The Starry Cone is a unique, conical structural feature of the Hercules Library, which was built in 2006. The floor is circular and has a radius of 10ft, totaling 314 square feet. The exterior elements, which provide the barrier to water, consist of the window, skylight, and stucco walls. The interior of space allows for creative library learning activities and special amenities, such as a skylight.
22-753
133

Figure 1 Exterior view of Starry Cone

Figure 2 Interior Starry Cone Skylight

The Library is owned and maintained by the City, and under an agreement with the County is staffed and operated by their library employees. The County librarian for the facility describes the use and value of the Starry Cone as follows:

134
The original purpose of the Story Cone in the Hercules Library Children’s area was to provide a separate space for weekly storytimes. Over time, however, these programs have outgrown the space which now works better as a separate area for learning and playing. Hercules Library staff also realized this was an opportunity to adapt the space to fit different needs and abilities of children who use the library.

Library staff worked with the Burgeon Group who specializes in creating library spaces that can hold up to rigorous everyday use in a public library setting and are engaging to all children no matter their abilities. The Story Cone is now the Starry Cone: an inclusive early literacy and place with a spaceship/space theme. The new space includes wall panel installations that elevate the current space to one that is more interactive and includes a variety of early literacy manipulatives.

The target population for the Starry Cone is children ages six months through 10 years old and their families. The space can be used by all children no matter their age or ability. The interactive early literacy toys are tactile, attractive and accessible to everyone in a separate safe and welcoming space. Creating this all- inclusive space welcomes children of all abilities into a learn ing environment and improve the service the Library is able to deliver to the community.

About 25.5% of all people in Hercules (population 26,016 – 2020 census data) use the library. 19.5% of these families have children under the age of 18, and 49.6% speak a language other than English. The new Starry Cone space continues to attract families who might otherwise not come to the library thereby creating new library users.

Figure 3 Interior learning and activity space of Starry Cone

Over the last several Winters, the Starry Cone leaked during heavy rain. City staff was unable to determine the source of the leak but proceeded with re -caulking the window and removing soil around the base of the structure, as these were thought to be the most likely causes of the problem. However, these efforts did not stop the leaking, which requires the area be vacated and dried out using fans so it can be placed back in service and to prevent mold from forming.
135

Staff subsequently secured the services of SERA Architects , who are on the City’s prequalified vendor list, to determine the source of the leak in the Fall of 2023 . T hey conducted an on-site leak investigation with their leak specialists, MCA , on September 19, which included spraying water on the exterior of the building.

Their findings and recommendations are outlined in detail in their November 3, 2023 memo (Att #4). In brief, SERA is recommending:

 Remove the existing window assembly and reinstall a new window assembly with flashing details
 Remove existing skylight assembly and reinstall new skylight assembly with new flashing details
 Remove entire stucco surface and reinstall. This is an optimal solution as compared to multiple spot demolition and patch soluti ons which may provide opportunities for intrusion.

The extensive nature of these recommendations is due to an inadequate design or installation associated with the original construction. SERA obtained a contractor’s estimate for this work, which was $550K. In the future, a funding source would need to be identified for the construction contract. Staff would need additional time to explore funding options, which could include a combination of City funds, grant opportunities, or project fundraising.

ANALYSIS:

OPTION 1: The recommendation of SERA’s licensed architects, based upon their review of the plans, water intrusion testing, and on-site investigation, is to remove and reinstall the window, skylight, associated assemblies, and to remove the enti re stucco surfacing and reinstall. This is primarily due, in their professional opinion, to the inadequacy of the original design and/or installation of these facilities. They believe this work is necessary to permanently address the leak. The construct ion cost for this work is estimated to be roughly $550K, with possible savings in the window and skylight can be reused.

OPTION 2: Re-seal the window, skylight, and cracks in the stucco to see if it stops the leaking from occurring. This would cost a fraction of the permanent repair. If unsuccessful, the permanent repair could then be pursued – potentially deferring the costlier repairs until a later date - but overall, the cost to fix the leaking would then be higher. SERA does not believe this approach will be effective in preventing the leak from re-occurring, given the inadequacy of the underlying construction.

OPTION 3: Make no repairs . When leaking occurs, the Starry Cone would be closed and dried out, as is currently occurring . This would n ot require additional out of pocket 136
expenditures but would impact the public’s use of the facility and Library operations, require City staff time, and would not address the liability associated with mold.

OPTION 4: Close the Starry Cone. A mold -remediation plan would need to be further explored if this option is selected and the space would no longer be available for its current use.

In weighing the advantages and disadvantages of the different options, s taff is recommending proceeding with Amendment No.1 with SERA to design a repair in accordance with their findings and recommendations (OPTION 1). This approach offers a permanent solution without further long-term impacts to the public, will allow the space to be utilized, and eliminates the liabilit y associated with mold. This recommendation is contingent upon identifying funding for this work.

The scope of SERA’s work detailed in Amendment No.1 is to complete the remedial design, construction documents, and permitting; provide bid support; and provide construction administration support.

FISCAL IMPACT:

The Capital Improvement Program in the Adopted FY 23 -24 Budget includes $100K in General Fund/Capital Reserves to address the Starry Cone leak. This is sufficient to cover the cost of the original contract for $9,406 and Amendment No.1 (Att #2) in the amount of $71,963, for a total commitment of $81,369.

ATTACHMENTS:

Attach 1- Resolution
Attach 2 – Amendment No.1
Attach 3 – Original Contract
Attach 4 – SERA Recommendations Memo

137
RESOLUTION NO. 23-

RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES APPROVING AMENDMENT NO.1 WITH SERA ARCHITECTURE IN THE AMOUNT OF $71,963 TO

DESIGN A PERMANENT REPAIR FOR THE LIBRARY STARRY CONE LEAK, FOR A NOT-TO-EXCEED TOTAL CONTRACT AMOUNT OF $81,369, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE C ITY

COUNCIL

WHEREAS, the Starry Cone has leaked during heavy rains over the last several Winters; and

WHEREAS, under their original agreement SERA architects completed an evaluation of the S tarry Cone and d etermined th e window, skylight, as sociated as semblies and stucco need to be removed and replaced to stop the leak from reoccurring; and

WHEREAS, having SERA design the repairs and prepare bid documents for construction is the next step in effecting the repairs; and

WHEREAS, sufficient funding for Amendment No.1 is included in the FY 23-24 Adopted Capital Improvement Program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Cou ncil hereby approves Amendment No.1 with SERA Architecture in the amount of $71, 963 to design a permanent repair for the Library Starry Cone leak, for a not-to-exceed total contract amount of $81, 369, and authorizing the City Manager to execute the Amendment on behalf of the City Council.

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Dan Romero, Mayor

ATTEST:

Eibleis Melendez, City Clerk
138
Original Agreement No. 23-067-CM
PW0004 - Repair Leak in Library Starry Cone
AMENDMENT NO. 1

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

SERA Design and Architecture, Inc.
304 12th Street Suite 3A Oakland CA, 94607
Phone: (510) 480-4988
Attn: Stuart Colby
[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 January 23, 2024, by Resolution No __________. Said contract shall her einafter 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 intended to amend the Original Contract and previously approved amendments (collectively, the "Amended Contract") thereto to provide for additional compensation in an amount not to exceed $71,963.00, total contract amount $81,369.00.

5. Amendment Approval: This Amendment No. 1 is hereby approved by the City Council of the City of Hercules on this 23
rd day of January 2024.

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: SERA Design and
Architecture, Inc.

s/_______________________________

_________________________________
Name/Title

Date: ___________________________

Attachments:

Attachment A: Scope of Service & Payment
139
Architectural Services | Scope of Work

Date January 16, 2024
Project Name City of Hercules- Library Story Cone
Project Number 2303102.01

Attention Mike Roberts and Jeff Brown
Address City of Hercules
111 Civic Dr.

Hercules CA

Overview SERA Design and Architecture, Inc. (“SERA”) appreciates the opportunity to submit this Architectural Scope of Work for remedial design and associated permitting, bidding and construction administration services for the remediation of water ingress at the Story Cone area of the Hercules Public Library. This Scope of Work is based on the Memo (dated 03 November 2023) summarizing recommendations and next steps based on learnings from the water intrusion field test conducted on September 19 th, 2023.

Scope of Work As an on-call architect for City of Hercules (since July 2023) based on City request, SERA visited the Hercules Public Library located on 109 Civic Dr, Hercules, CA 94547 on two occasions (July 7th and July 10th) to view existing field conditions where an ongoing water ingress problem has been noticed by the library staff . On the second trip SERA was also accompanied by our waterproofing consultant McGinnis Chen Associates, Inc. Based on conversations with the facilities team and the librarian and field observations , it is not apparent where the water is ingressing into the Story Cone of the library.

To further investigate the problem wholistically SERA proposed a three-step approach:

Step 1: Field testing at two locations of the Story Cone – Skylight and Low Window Step 2: Written memo on recommendations and next steps based on the results and learnings of the field test.

Step 3: Drawings, details and contract documents required to permit and bid the project and construction administration while the project is executed.

Step 1 and Step 2 have already been performed and based on learnings from SERA is now providing scope for Step 3.

Remedial Design, Construction Documents & Permitting:
• SERA will prepare documents for demolition of the existing stucco and underlayment, drawings and specifications in conformance with the California Building Code for a new stucco enclosure over the existing structure. • Deliverables will include construction details and material specifications, for soliciting bids from prospective contractors.
• The team will respond to construction permit plan -check questions and provide modifications to construction documents to obtain the Permit. • Prepare a written estimate of construction costs prior to bidding as a baseline for the City to evaluate proposed bids.

Bid Support:
• One (1) pre-bid walkthrough of the site with potential bidders. 140

Page 2 of 4 ends

• Review of Contractors bid information and proposals. Verify conformance with waterproofing design intent, performance criteria, and coordination with adjacent materials.
• The estimated fee for this Phase is for one (1) bid cycle only. • Any additional scope of Bid Services will require a separate authorization, and will be billed as an Additional Service

Construction Administration (CA):
• Attend OAC meetings.
• Review and comment on product Submittals. Evaluate product substitutions for conformance with Contract Documents.
• Review Requests for Information (RFI) as they relate to the scope of work. • Provide periodic field observations (5-6) to observe the work in progress. A field report will be issued, inclusive of written narrative and photographs of each procedure observed.
• Punch-lists and close -out services as related to our scope of services. Proposal estimates two (2) site visits for punch -list services, including follow -up report writing for each visit.

Project
Deliverables

1. Permit Set and Issue for Construction (IFC) Set

Project
Assumptions
The city will provide SERA with as-built drawings in CAD and/or PDF format. If CAD format is not available SERA will markup up PDFs and provide technical details as markups with supporting notes. SERA is not responsible for creating a CAD/Revit drawing for the existing building.

Design &
Construction
Schedule
To be determined based on conversations with the City of Hercules. SERA assumes 1-3 weeks to complete construction documents and specifications required for permitting and bid solicitation. Construction Administration is assumed for a time period of eight weeks.

Compensation Based upon the assumptions and scope of services indicated above, our fee is on a time and materials basis, not to exceed Sixty-Nine Thousand Three Hundred Seventy Four Dollars ($ 69,374). Our services will be billed monthly against this limit at the rates within this Scope of Work. SERA has attached the Cost Estimator’s proposal as Exhibit B to this Scope of Work. The fee does not include reimbursable expenses which will be billed monthly at 4% multiplier of the above fee for a total fee of Two Thousand Five Hundred Eighty Nine dollars only ($2,589). The reimbursable expenses that are covered in the multiplier are within this Scope of Work.

141

Page 3 of 4 ends

Exhibit A (SERA’s Resourcing breakdown by Phase, attached here to)

Exhibit B (Directional Logic’s fee by phase to provide a Cost Estimate)

Total Project Fee (SERA + Directional Logic)

142

Page 4 of 4 ends

Additional
Services
The following services, if needed, will be in addition to the fee for basic services and will be performed at your written request on a time and materials basis, using the billing rates current as of the time of the request.
▪ Inventory of existing furniture and equipment to be moved to a new facility. ▪ Furniture selection, bid coordination, delivery, and installation coordination. ▪ Non-code-related signage
▪ 3-D computer renderings

Billing Rates – 2023-2024 California
The following billing rates are applicable where basic services are computed on an hourly rate basis and for requested or required additional services. All billing rates are adjusted annually.

1. The following reimbursables will be covered by the percentage multiplier against the combined amount for Basic and Additional Services billed per month against the project.
▪ Transportation within the Bay Area, CA
▪ .
▪ Mass reproductions of drawing sets, r eprographics, postage and handling of drawings and other project documents for distribution to the Owner, General Contractor and sub-contractors

2. The following reimbursables are not included in the above set percentage and will be billed only if authorized in advance, in writing by the client Transportation in connection with the Project outside of the Bay Area as indicated above; living expenses in connection with any authorized out-of-town travel and long distance communications. ▪ Permit, review, appeal or other miscellaneous fees required by an authority having jurisdiction for the Project. ▪ Renderings, models, presentation color boards and mock-ups requested by the Owner.

143

EXHIBIT A- FEE PROPOSAL WORKSHEET
Bid Support CA

Date January 16, 2024
Project Name City of Hercules- Library Story Cone
Project Number 2303102.01

Attention Mike Roberts and Jeff Brown
Address City of Hercules
111 Civic Dr.

Hercules CA

To further investigate the problem wholistically SERA proposed a three-step approach:

Step 1: Field testing at two locations of the Story Cone – Skylight and Low Window Step 2: Written memo on recommendations and next steps based on the results and learnings of the field test.

Step 3: Drawings, details and contract documents required to permit and bid the project and construction administration while the project is executed.

Step 1 and Step 2 have already been performed and based on learnings from SERA is now providing scope for Step 3.

Bid Support:
• One (1) pre-bid walkthrough of the site with potential bidders. 146

Page 2 of 4 ends

Project
Deliverables

1. Permit Set and Issue for Construction (IFC) Set

147

Page 3 of 4 ends

Exhibit A (SERA’s Resourcing breakdown by Phase, attached here to)

Exhibit B (Directional Logic’s fee by phase to provide a Cost Estimate)

Total Project Fee (SERA + Directional Logic)

148

Page 4 of 4 ends

Additional
Services
The following services, if needed, will be in addition to the fee for basic services and will be performed at your written request on a time and materials basis, using the billing rates current as of the time of the request.
▪ Inventory of existing furniture and equipment to be moved to a new facility. ▪ Furniture selection, bid coordination, delivery, and installation coordination. ▪ Non-code-related signage
▪ 3-D computer renderings

1. The following reimbursables will be covered by the percentage multiplier against the combined amount for Basic and Additional Services billed per month against the project.
▪ Transportation within the Bay Area, CA
▪ .
▪ Mass reproductions of drawing sets, r eprographics, postage and handling of drawings and other project documents for distribution to the Owner, General Contractor and sub-contractors

149

EXHIBIT A- FEE PROPOSAL WORKSHEET
Bid Support CA

STAFFING
LVL Name Position Discipline Design + Documention + Permit Bid Support CA Hours Billing rate Fee X Stuart Colby Principal in Charge Leadership 8 1 3 12 326$ 3,912$ C-VII Shweta Mhatre Project Manager Core Team 20 8 4 32 257$ 8,224$ VIII Craig Rice Project Architect Resource 20 2 2 24 296$ 7,104$ VIII Marc Abadie Sr Tech Director/Specifications Core Team 48 0 8 56 296$ 16,576$ V TBD Job Captain Core Team 60 8 64 132 219$ 28,908$ 64,724$
2,589$
SERA Architects
Total Labor Fee
Reimbursables (4%)
Resource Breakdown for SERA Architectural Services
STEP 3 - Resource Hours by Phase
Construction
Design + Documention + Permit
150
Stuart Colby | LEED AP, NCARB
Principal
Stuart has 40 years of experience in both building
and campus-scale projects, focusing on unique and
complex programs. From space programming to
facilities management, he has been an integrator on
both public and private projects through his career,
endeavoring to innovate design through project
delivery forms, leading-edge technology solutions,
and internal team development. As Director of
SERA ’s Workplace Studio, Stuart defines high-value
workplace approaches and helps clients translate
them into solutions that fit their organization.

ACCREDIT A TION
Licensed architect in Oregon,
California
NCARB
LEED-Accredited Professional

EXPERIENCE
SERA since 2005, other firms
since 1985

SELECT PROJECT EXPERIENCE
City of Hercules, On-Call Contract (Hercules, CA)
Fire Station #76 Re-roof
Hercules Public Library Maintenance
Google (Mt. View + Sunnyvale, CA)
Googleplex B40 & B43 HQ Campus
Java / Geneva Campus Renovation
Crossman Buildings
1265 Borregas Office Building
North Bayshore Campus Master Plan
Cloud Space Customer Experience Center
City of Alameda (Alameda, CA)*
Ferry Pier Design and Construction
(with WET A) Adaptive Reuse of General
Storehouse on Historic Naval Base
City of South San Francisco, Feasibility
Report for Community Spaces (San
Francisco, CA)

ACCREDIT A TION
Licensed architect in California
LEED-Accredited Professional

EXPERIENCE
SERA since 2019, other firms
since 2002
*Prior to SERA *Prior to SERA
151
Ram Subramanian | LEED AP
BD+C
Associate, Project Architect
Ram is a firm believer in providing high quality housing and public spaces to people of all backgrounds.

ACCREDIT A TION
Council of Architecture, India
LEED Accredited Professional
BD+C

EXPERIENCE
SERA since 2021, other firms
since 2001

ACCREDIT A TION
Licensed architect in Oregon
Construction Specifications
Institute Member
American Institute of
Architects

EXPERIENCE
SERA since 2011, other firms
since 1999
*Prior to SERA
152

03 November, 2023

Mike Roberts and Jeff Brown
City of Hercules
111 Civic Dr.

Hercules CA

Re: City of Hercules- Library Story Cone
Memo on recommendations and next steps based on learnings from the water intrusion field test.

SERA Project No. - 2303102.01

Dear Mike and Jeff,

On September 19th, 2023, McGinnis Chen Associates (MCA) and SERA performed a leak investigation at the Story Cone building at the Hercules Library in Hercules, CA. MCA + SERA understand that water intrusion has been reported each winter for years, specifically near the head of the window at the East Elevation at the Story Cone. Water intrusion was also reported on the floor along the South Elevation.

MCA was able to recreate the leak on the floor at the south end of the Story Cone and observed moderate water staining and corrosion surrounding the window at the East Elevation. Observations are:

1. Leak recreated at South Elevation:

Water spray was applied at a crack in the cement plaster (stucco), which was approximately 6 -feet long and existed approximately 8-feet above-grade on the exterior wall. Water intrusion was observed entering the interior at the base of wall.

2. Leak at window head:

SERA observed that the window was designed and documented as a manufactured storefront window but was changed during construction and installed as a channel-set glass assembly made of individual components assembled in the field. These assembled components would not perform as a manufactured and tested storefront assembly.

Metal flashing is integral to a window assembly at all sides of the opening that allow trapped water to escape the wall assembly; however, at the Story Cone these have been closed off with sealant and trap water in the wall assembly without a path to the exterior. Due to the slope of the Story Cone walls, the most natural path for trapped water would be toward the interior finishes of the wall. Moderate water staining, corrosion, and insufficient rough opening flashing were observed surrounding this window at the interior.

3. Skylight:

The available design documents for the skylight convey discontinuous waterproofing where the wall framing meets the skylight. According to the original details, the vertical metal flashing directly beneath the skylight is the sole barrier to resist water intrusion at that location. The detail would be ‘sealant dependent’ and the laps in the metal flashing would need a perfectly installed sealant embedment which cannot have any deficiencies in its application. MCA observed metal flashing laps that were deformed as well as laps that did not display sealant bleed-out.

153

Page 2 of 2 ends

Since these water intrusion issues have been experienced by the City over the past few years and all efforts to curb the leaks have been unsuccessful, SERA and MCA recommend the following mitigation efforts:

1. Remove existing window assembly and reinstall a new window assembly with new flashing details.

MCA observed that the window's rough opening flashing appears to be inadequately installed which is resulting in water staining, leaks, and corrosion as observed in the leak investigation conducted on September 13, 2023. Additionally, the stucco at the head of the window is not detailed to enable weeping of the water in the system. This compounds any discontinuity of the flashing as the water within the stucco system is directed to the interior rather than allowed to weep to the exterior.

Our recommendation is to remove and reinstall the waterproofing around the window. This procedure would require part of the stucco and the window to be removed to allow for waterproofing flashing to be redone. During the removal it is likely that the window could be cracked and damaged.

2. Remove existing skylight and reinstall new skylight assembly with new flashing details.

Original Drawings show non-continuous waterproofing at the Story Cone skylight. The waterproofing stops short of the skylight and does not tie into the assembly. The metal flashing at the bottom of the skylight appears to be the only water barrier as it transitions from the skylight to the rough opening. Our recommendation is to replace the flashing, waterproofing assembly, and skylight to allow for proper flow of water off the skylight.

3. Remove entire stucco surface and reinstall. This is an optimal solution as compared to multiple spot demolition and patch solutions which may provide opportunities for future intrusion.

MCA noted several deficient conditions at the story cone window, skylight, and stucco assemblies. The story cone utilizes a loose laid building paper as its air/water barrier, which is an industry bare minimum requirement for stucco assemblies. The current stucco also shows signs of damage and cracking which will exacerbate any pre-existing design inadequacies.

It is SERA and MCA’s professional recommendation to replace the entire existing assembly with a fully adhered and vapor permeable air/water barrier with a new stucco finish. Without this comprehensive solution to the entire assembly, it is our professional opinion that leaks will continue. There is not a fluid applied membrane approach that will adequately seal the existing stucco surface, while simultaneously allowing the structure to breathe.

In summary, to fully address the leaks on the Story Cone, we recommend replacing the window and skylight with improved flashing details and removing and reapplying the stucco on the cone.

Sincerely,

SERA & MCA

attachments: Hercules Library Story Cone Markups

154

HERCULES
PUBLIC

LIBRARY

MARKUPS ACCOMPANYING MEMO FOR WATER

INTRUSION FIELD TEST AT THE LIBRARY STORY CONE
155
156
Design Intent =
Aluminum Storefront
MCA: Demolish stucco, leaving
building paper intact. Base of wall
detailing must be observed to
understand the condition that led
to water intrusion at this area
157
Design Intent =
Aluminum
Storefront
“NO SEALANT
HERE” = Pathway
Blocked With
Interim Fixes
Design Intent =
Sheet Metal
Flashing
Design Intent =
Sheet Metal
Flashing
158
Channel set glass used in
place of manufactured
window unit
Applied sealant created a
dam at point of flashing
outlet
159
160
161
162
163

DISCUSSION AND/OR ACTION

AGENDA ITEM

5. 22-754

164

REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
SUBJECT: Consider Approval of a Resolution Authorizing the City Manager to Enter into an Agreement with the Hercules Historical Society to Extend the Trailer Acquisition and Lease Agreement ; and Review and Provide Direction Regarding a Policy for Lease of City Properties RECOMMENDED ACTION:
1) 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 (5) year extension. A lease provision providing for payment by HHS of an annual amount of $100 to cover utility costs is included as an option for Council to consider.
2) Review and discuss a draft Lease Policy and provide direction to staff.

BACKGROUND:

On February 14, 2023, the City Council considered an extension of a Trailer Acquisition and Lease Agreement Between the City of Hercules and the Hercules Historical Society (the “Agreement”) for continued use of a surplus trailer located adjacent to City Hall. The original Agreement was for five years, with a five-year extension, which expired February 14, 2023.

The HHS has not been required to pay rent or utilities, but as reported to Council on February 12, 2013, HHS incurred the expense of acquiring the trailer from William Scotsman Inc., who originally leased the trailer to the City, thus relieving the City of its obligation to pay the monthly rent owed for the structure. HHS is also required to purchase 22-754
165
and maintain liability insurance coverage naming the City as additionally insured , and is responsible for the maintenance of the trailer.

At the February 14, 2023 meeting the Council deferred action on the proposed lease extension agreement. Instead, Council: 1) Directed staff return to Council with additional information regarding rental and/or lease arrangements with other non-profit groups using City property; 2) Discussed whether a nominal annual payment of $100 should be made by HHS to cover utility costs; and 3) Because the Original Agreement was set to expire, directed staff to enter into a temporary month -to-month lease agreement with HHS until the matter could be brought back to Council for further discussion.

At the Regular Council Meeting of May 9, 2023, staff brought back the proposed Amendment to Extend the Trailer Acquisition and Lease Agreement and reported to Council that a temporary month-to-month lease had been executed by the Parties . Staff provided the additional information reques ted by Council regarding rental and lease arrangements with other non -profit groups. After hearing and discussing the report, the City Clerk took a roll call vote on the motion by Council Member Bailey to defer action on the lease amendment, continue the month-to-month lease with HHS, and request staff to come back at a future meeting with information regarding a comprehensive policy for leasing of City properties that could be applied to non -profit organizations. The motion was approved by unanimous vote of the Council.

DISCUSSION:

1. Lease Status. An interim month-to-month lease was entered into on or about February 23, 2023 per Council direction and is now in effect, see Attachment 2. Included with the agenda materials is a proposed lease extension agreement that provides an option for a $100 annual payment intended to compensate the City for utilities, see Attachment 3. A Resolution authorizing the City Manager to execute the draft ame ndment to the original Trailer Acquisition and Lease Agreement is provided for Council consideration as Attachment 4.

2. Lease Arrangements with Other non-profit Groups. The information being provided in this section of the Staff Report was compiled by Parks and Recreation Director Christopher Roke and was previously provided to the Council in the May 9, 2023 report .

According to Director Roke, w ith respect to rental and/or lease arrangements with other non-profit groups for use of City property or facilities, the arrangements vary depending on circumstances. C urrently there are 14 City Recognized Nonprofit Groups. City recognized non-profit groups receive two hours of facility space at no charge per week, or eight hours per month. The two hours a week of facility space is usually used for hosting regular meetings of the non-profit groups. Each recognized non-profit group must contribute 80 hours of volunteer time to the City per year. The City typically gets assistance from the non-profit groups at annual events including Fourth of July, Tree Lighting, Trunk or Treat, and Cleanup Day.
166

Those City recognized nonprofits that have additional arrangements with the City for use of City space are as follows:

The Community Garden . Operates on City property within a fenced-in area at Ohlone Park. There is a water meter for the entire park but not specifically for the garden, so the cost of water used at the Community Garden is included in the usage for the entire park. No other utilities are used on the Garden property. There is no lease agreement for the operation of the Community Garden.

The Friends of the Hercules Library. This nonprofit has a room within the library dedicated for the sale of used books and does not pay rent for this use . All libraries in the County were built with a dedicated room (the size of a small office) to act as a book store. The book store is run by volunteers, and in the case of Hercules, it is staffed by volunteers from the Friends of the Hercules Library. They do not pay rent or any utilities. Additionally, the Friends of the Hercules Library hold a semi-annual book sales event, and use the Large Library conference room for this event. They do not pay any fees for the use of the conference room for the book sale events.

The other City recognized nonprofits do not lease or occupy City property on an ongoing or continuing basis but do benefit from the reduced facility rental fees afforded these recognized nonprofits. A brief description of nonprofit activities on City property follows:

 Friends of Hercules Senior Center (FHSC) Runs up to 4 events a year at the Senior Center, and staffs the front desk with volunteers 5 days a week.  Bayfront Chamber - Banner & facility rental s at nonprofit rates. Holds events, City sponsored with special contract.
 Boy Scouts: Troop 76 - 2hr/week meeting space.
 Chinese Association - Mainly facility rental at nonprofit rates.  Democratic Club - No use yet (only 2 years as City Recognized Nonprofit group)
 Hercules Education Foundation (HEF) - Banner & facility rental at nonprofit rates. Holds fundraising events for schools.  Library Foundation – Takes donations, holds fundraisers, writes grants.  Sister City Association - Occasional banner space.
 Rotary - Occasional banner space or meeting space.
 Senior Citizens Club of Hercules - Mainly facility rental or meeting space
 West Contra Costa Youth Soccer League (WCCYSL) – Banner and field space rental at Hanna Ranch

Based on the above analysis, there are currently no lease arrangements within the City comparable to the HHS trailer lease.

167

3. Discussion Whether to Adopt a Citywide Lease Policy.

At the May 9, 2023 regular council meeting, the Council requested that staff bring back for discussion a uniform policy for the leasing of city owned public properties. A draft policy derived from a review of lease policies from other cities is provided as Attachment 5 for Council discussion and consideration. The draft policy would provide for a uniform policy for the valuation, bidding, and leasing of public buildings and facilities. Under the proposed policy the City shall seek to obtain market value for the lease of its properties.

The policy provides that all leases of City property must be approved by the City Council.

All leases beyond six months duration must be awarded to the highest responsible bidder unless an alternative is justified based on cer tain specified criteria, such as leasing to another governmental agency, leasing to a non-profit tax-exempt civic or charitable organization, or other special circumstances.

FISCAL IMPACT:

There is no fiscal impact associated with this agenda item.

ATTACHMENTS:

1A- May 9, 2023 Staff Report (with Attachments)
1B- February 14, 2023 Staff Report (with Attachments)
2 - February 2023 Interim Month-to-Month Agreement
3 - Revised Proposed First Amendment to the 2013 Agreement 4 - Resolution Authorizing Amendment to the Agreement
5 – Draft Citywide Lease Policy
168

REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of May 9, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
SUBJECT: Consider and Approve an Amendment to Extend the Trailer Acquisition and Lease Agreement with the Hercules Historical Society (HHS)
RECOMMENDED ACTION:

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 (5) year extension. A lease provision providing for payment by HHS of an annual amount of $100 to cover utility costs is included as an option for Council to consider.

BACKGROUND:

On February 14, 2023, the City Council considered an extension of a Trailer Acquisition and Lease Agreement Between the City of Hercules and the Hercules Historical Society (the “Agreement”) for use of a surplus trailer located adjacent to City Hall. See Attachment 1, February 14, 2023 Staff Report, for details. The original Agreement was for five years, with a five-year extension, which expired February 14, 2023. The HHS has not been required to pay rent or utilities, but as reported to Council on February 12, 2013, HHS incurred the expense of acquiring the trailer from William Scotsman Inc., who originally leased the trailer to the City, thus relieving the City of its obligation to pay the monthly rent owed for the structure. HHS is also required to purchase and maintain liability insurance coverage naming the City as additionally insured.

169
At the February 14, 2023 meeting the Council deferred action on the proposed lease extension agreement. Instead, Council: 1) Directed staff return to Council with additional information regarding rental and/or lease arrangements with other non-profit groups using City property; 2) Discussed whether a nominal annual payment of $100 should be made by HHS to cover utility costs; and 3) Because the Original Agreement was set to expire, directed staff to enter into a temporary month -to-month lease agreement with HHS until the matter could be brought back to Council for further discussion.

DISCUSSION:

An interim month-to-month lease was entered into on or about February 23, 2023 per Council direction and is in now effect, s ee Attachment 2. Included with the agenda materials is a proposed lease extension agreement that provides an option for a $100 annual payment intended to compensate the City for utilities, see Attachment 3.

With respect to rental and/or lease arrangements with other non -profit groups for use of City property or facilities, according to Parks and Recreation Director Christopher Roke, the arrangements vary depending on circumstances. C urrently there are 14 City Recognized Nonprofit Groups. City recognized non-profit groups receive two hours of facility space at no charge per week, or eight hours per month. The two hours a week of facility space is usually used for hosting regular meetings of the non-profit groups.

Meetings must be off-peak hours and cannot displace a paid rental.

In addition, each recognized non-profit group must contribute 80 hours of volunteer time to the City per year. The City typically gets assistance from the non-profit groups at four annual events:

1. Cleanup Day

2. Fourth of July

3. Tree Lighting, and

4. Trunk or Treat

Those City recognized non-profits that have additional arrangements with the City for use of City space are as follows:

The Friends of the Hercules Library. This nonprofit has a room within the library dedicated for the sale of used books and does not pay rent for this use . All libraries in the County were built with a dedicated room (the size of a small office) to act as a bookstore. In the case of Hercules, the bookstore is staffed by volunteers from the Friends of the Hercules Library. They do not pay rent or any utilities. Additionally, the Friends of the Hercules 170
Library hold a semi-annual book sales event and use the Large Library conference room for this event. They do not pay any fees for the use of the conference room for the book sale events.

The other City recognized nonprofits do not lease or occupy City property on an ongoing or continuing basis but do benefit from the reduced banner and facility rental fees afforded these recognized nonprofits. A brief description of nonprofit activities on City property follows:

CONCLUSION:

Adopting a Resolution to continue the lease for an additional five (5) years with an option for a five (5) year extension will allow HHS to continue to store historically significant materials in a safe environment. The trailer facility is used for storage and is not a regular meeting place and is not otherwise staffed or open to the public, so utility usage is minimal. HHS is agreeable to paying an annual amount of $100 to cover utility costs, and this annual payment is included as an option i n the draft lease terms for Council to consider.

171
FISCAL IMPACT:

There is no fiscal impact to the City in approving this Amendment.

ATTACHMENTS:

Attach1- February 14, 2023 Staff Report (with prior Attachments 1-4) Attach 2 - February 2023 Interim Month-to-Month Agreement Attach 3 - Revised Proposed First Amendment to the 2013 Agreement (5 years with 5 year option) with option for Utility Payment
Attach 4 - Resolution Authorizing Amendment to the Agreement 172
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'NTERIMAGREEIVENT TO CONTINUE THE TRAILER LEASE BETWEEN CITY OF HERCULES AND THE HERCULES HISTORICAL SOCIETY ON A MONTH-TO· rvDN·m IBAS:JS PEN:DJNG FORfrJli\L.AIPPR·OVA'.L OF A LEASE ;E.KTEINSION The parties to this Interim Agreement to Continue the Trailer Acguisftion & Lease Agreement Between City of Hercules. California and Hercules Historical Society are the City of Hercules.

Cal ornia (hereinater he City) and t e Herc les H·storical Society (hereinafterthe HHS)~ Recitals
WHERE.AS. HHS and City executed a 5 year Trailer Acguisition & Lease Agreement Between C~y of Hercules and Hercules Historical Society (hereinafter the Original Agreement). effective Fe ruary 14, 2012; a d
EREAS# prior othe expiration of e Original. reement. the City exeicuted a , ice and Addendum to the Trailer Acguisition and Lease Agreement (hereinafter the Addendum) extending the term of the .Agreement until February 14. 2023; and EREAS. t e Cit Council a their reg lar meefrag off ebruary 1 • 2023 d~t:ede t e City Ma a er to ente into a tem orary interim agree ~nt to con inue the rorij -~nal Lease on a month to-mo nth basis until such time as Fina I Approva I of .Amendment 1 that would extend the Origin al Agreement and Addendum for a definite and defined term is approved by C ouncit 0 THEREFORE THE PARTIES REE AS FOLLO S:

T e Parties hereto agree to extend on a month-to-- on h basis the Original Jlgreeme I and Addendum to continue to grant solely to the HHS the exclusw e right to access and lease the Property. eff ectr.J e until such time as the City Council form ally approves an Amendment 1 to the Origi al .Agreement and Ad endum,
This Interim Agreement is pursuant to and consistent with City Council direction at the regular council meeting of February 14. 2023.

HERCULES HISTORICAL SOCIETY
By: /)~~~
P°'rr-~ I J. /uc..,ker
Oate: *3~

CITY OF HERCULES
f ~~~e t?.ij~ger ---
Date: 1 ~ /1"'3 _
193

FIRST AMENDMENT TO THE TRAILER ACQUISITION & LEASE AGREEMENT

BETWEEN THE CITY OF HERCULES, CALIFORNIA AND THE HERCULES

HISTORICAL SOCIETY

Parties to the First Amendment

The parties to this First Amendment to the Trailer Acquisition & Lease Agreement Between City of Hercules, California and Hercules Historical Society are the City of Hercules, California (hereinafter the City) and the Hercules Historical Society (hereinafter the HHS).

Recitals

WHEREAS, HHS and City executed a Trailer Acquisition & Lease Agreement Between City of Hercules and Hercules Historical Society (hereinafter the Agreement), effective February 14, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Agreement provided HHS the exclusive right to access and lease the land owned by City (hereinafter the Property) directly beneath and encompassing the trailer (hereinafter the Building) located adjacent to the northwest end of Hercules City Hall, as more fully described in the Agreement; and
WHEREAS, the grant of exclusive right to HHS for use of the Property was for a period of five (5) years pursuant to Section 3 of the Agreement, unless extended for an additional five (5) years pursuant to Section 2.1 of the Agreement; and WHEREAS, prior to the expiration of the Agreement, the City executed a Notice and Addendum to the Trailer Acquisition and Lease Agreement (hereinafter the Addendum) extending the term of the Agreement pursuant to Section 2.1 of the Agreement until February 14, 2023, a copy of which is attached hereto as Exhibit B and incorporated herein by reference; and
WHEREAS, the Agreement does not provide for extension of the grant of exclusive right to the HHS beyond the expiration of the time specified in the Addendum; and WHEREAS, on or about February 23, 2023, the Parties entered into an Interim Agreement to continue the Trailer Lease on a month-to-month basis until such time as the City Council formally approves a First Amendment to the Original Agreement and Addendum; and
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WHEREAS, the Parties now wish to amend the Agreement to extend the term of the Agreement for five (5) additional years beyond the expiration of the Addendum period, with an option to renew this grant of exclusive right to the HHS for an additional five (5) years upon written notice to the HHS.

NOW THEREFOR THE PARTIES AGREE AS FOLLOWS:

1. The Parties hereto wish to amend the original Agreement and Addendum to continue to grant solely to the HHS the exclusive right to access and lease the Property for an additional five (5) year period commencing on February 1, 2024, and in effect until February 1, 2029.

2. Prior to the expiration of this First Amendment, the City may renew this grant of exclusive right to HHS for up to an additional five (5) years upon written notice to the HHS.

3. [OPTION TO PAY FEE FOR UTILITIES] For the term of this First Amendment, HHS shall pay to City annually, by December 31 of each calendar year, the amount of $100.00 to compensate the City for the expense of utilities provided to the Building. All other terms and conditions within the original Agreement and Addendum that are not in conflict with the terms of this First Amendment shall remain in full force and effect for the effective life of this First Amendment.

This First Amendment is pursuant to and consistent with City Council Resolution No. 24-_____, adopted by the City Council on January 23, 2024.

HERCULES HISTORICAL SOCIETY

By: ______________________ Date: ______________

CITY OF HERCULES

By:_______________________ Date: ________________
Dante Hall, City Manager

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RESOLUTION NO. 24-___

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE

TRAILER ACQUISITION & LEASE AGREEMENT BETWEEN CITY OF HERCULES

AND THE HERCULES HISTORICAL SOCIETY TO CONTINUE THE LEASE TERM

FOR FIVE YEARS WITH AN UP TO FIVE YEAR EXTENSION

WHEREAS, On February 12, 2013, the City Council approved a Resolution authorizing the City Manager to execute a Trailer Acquisition and Lease Agreement Between the City of Hercules and the Hercules Historical Society (the “Agreement”) for use of a surplus trailer located adjacent to City Hall; and
WHEREAS, the use of the trailer has provided HHS the ability to safely store the HHS collection of historical artifacts that chronicle the history of Hercules; and WHEREAS, the original Agreement was for five years, and provided for a five year extension; and
WHEREAS, the five year extension to the original Agreement was granted via a Notice and Addendum effective February 14, 2018, and expires February 14, 2023; and WHEREAS, the HHS requests an amendment to the original Agreement for the sole purpose of extending the term of the original Agreement, with no additional modifications to the terms and conditions; and
WHEREAS, allowing HHS continued use of the trailer assures that historical artifacts relevant to the history of the City of Hercules are retained in a safe and secure manner; and
WHEREAS, the original Agreement and Extension have expired, and the lease has been continued by agreement of the Parties on a month-to-month basis.

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

The City Council hereby authorizes the City Manager to execute an amendment to the original Acquisition and Lease Agreement with the Hercules Historical Society relative to the modular building located adjacent to the northwest end of City Hall, to extend the term of the original Agreement for five (5) years with up to a five (5) year extension, [optional requirement for Council consideration in RED] including the provision for payment by HHS to the City of an annual $100 fee to cover the cost of utilities, with no additional modifications to the original terms and conditions.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council held on the 23rd day of January, 2024 by the following vote of the Council:
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AYES:

NOES:

ABSTAIN:

ABSENT
____________________
Dan Romero, Mayor

ATTEST: ______________________
Eibleis Melendez, City Clerk
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Attachment 5

SUBJECT: LEASING OF CITY-OWNED REAL PROPERTY

POLICY NO.:

EFFECTIVE DATE: _________, 2024

BACKGROUND: The City of Hercules is owner of certain developed and undeveloped real property which is used for various municipal purposes. On occasion such property assets may be made available for lease.

PURPOSE: This policy is intended to establish a procedure for the leasing of City-owned real property.

POLICY: It is the City’s policy to manage its real estate assets so that municipal needs which rely on these assets may be properly implemented.

The City Manager shall periodically assess real estate not currently used for municipal purposes and determine the appropriate use of the property. Those properties not needed for either City or public use within the foreseeable future, may be made available for lease. The City shall optimize the lease rent from City- owned real estate based on relevant factors, including 1) an appraisal reflecting current market value when either a transaction or authorization to lease is presented, 2) prevailing economic conditions and market trends, and 3) any special benefits to accrue from the lease.

The City shall seek market value for the lease of its properties. Discounts less than market value will not be negotiated unless a particular need or special circumstance is recognized by Council Resolution setting forth the amount of the discount and the justification for the discount.

Procedure:

1. Approval Authority for Rental, Lease and Sublease Agreements

1.1 Definitions. As used in this policy:

1.1.1 The term “lease” or “agreement” includes, where appropriate in the context, leases, subleases, rental agreements, and amendments to any of the foregoing.

1.1.2 The term “City Manager” includes the City Manager and the City Manager’s designee(s).

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1.2 The approval and execution of leases of real property owned by the City and shall be approved by the City Council.

1.3 Approval of City Attorney. The City Attorney shall approve as to form all rental, lease, and sublease agreements, and all amendments to such agreements.

1.4 Risk Manager. The Risk Manager shall determine insurance requirements prior to execution of any lease documents.

2. Rental or lease of City owned property. All leases authorizing occupancy of City property for a period of more than six months shall be awarded to the highest responsible bidder, unless an alternative is justified based on the criteria established by this Policy.

2.1 Bid Procedures. For any lease authorizing occupancy of City property for a period of more than six months, the City Manager shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the lease sufficient to enable bidders to bid solely on the basis of rents to be paid to the City. An advertisement for bid shall be published at least once a week for two consecutive weeks. The published notice shall state the time and place for the receiving and opening of sealed bids, and shall describe, in general terms the lease to be granted. All bids shall be presented under sealed cover. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids but only by written request filed with the City Manager. The request shall be executed by the bidder or by an authorized representative. The withdrawal of a bid does not prejudice the right of a bidder to file a new bid prior to the date and time set for the opening of bids. On the day named in the public notice, the City Clerk or designee shall publicly open the sealed bids. The City Manager may recommend to the City Council award of the lease to the bidder then determined to be the highest responsible bidder.

2.2 Failure of Bidder to Sign Agreement. A failure on the part of the successful bidder to sign and deliver the lease within thirty (30) days of receipt thereof and to provide the City with any bond or any evidence of insurance required thereunder may be treated as a refusal to execute if the City Manager so elects.

If the City Manager deems it is in the best interest of the City, he or she may, on the refusal or failure of the successful bidder to execute the lease, recommend award to the second highest responsible bidder. If the second best responsible bidder fails or refuses to execute the lease, the City Manager may likewise recommend award to the third highest responsible bidder. Award to the second or third highest bidder is subject to City Council approval.

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2.3. Rejection of Bids or No Bid Lease.

2.3.1 If the City Manager deems that the acceptance of any bid is not in the best interest of the City, the City Manager may reject all bids and advertise for new bids.

2.3.2 If the City Manager determines that it is in the best interest of the City, he or she may recommend to the City Council entering into a lease without bidding when one or more of the following conditions exist:

2.2.1. The bid process has failed to produce a highest responsible bidder;

2.2.2. The City proposes to lease the property to another governmental agency;

2.2.3. A firm and complete written offer for lease has been presented by or on behalf of a prospective renter, lessee, or sublessee, wherein the rent specified is at or above the fair market rate for comparable, similarly situated property, as determined by the City Manager;

2.2.4. The City proposes to lease the property to a nonprofit tax-exempt community civic or charitable organization; or

2.2.5. The City Manager finds and determines that special circumstances make the use of the bid procedure inappropriate.

3. Provision for Use of Third Party Agents.

The City Manager may at times utilize the services of a third party property management company to rent property owned by the City. The third party agents may assist the City in obtaining the market value rate for rents and in screening tenants. In the occurrence of the City acquiring property, the third party agents may assist in contracts for renting the property.

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DISCUSSION AND/OR ACTION

AGENDA ITEM

6. 22-737

201

REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Authorization to Establish a Volunteer “Team Up to Clean Up Hercules” Pilot Program
RECOMMENDATION ACTION:

Staff recommends that the City Council:

1. Adopt a resolution establishing a six-month Volunteer “Team Up to Clean Up Hercules” Pilot Program; and

2. Appropriate $1,500 from the FY 2023-2024 General fund for the pilot program expenditures, or

3. Provide alternative directions.

BACKGROUND:

At the December 12, 2023, the City Council approved a request from Council Member Grimsley for staff to develop a proposal for implementing a community clean-up program.

Community clean up programs provide an opportunity to bring residents and other community stakeholders together in a joint effort to eliminate litter in our streets, storm drains, parks, and the natural environment. Keeping our community free of unsightly litter makes it safer for us all. For the past several months, the City has been building a list of volunteers that are passionate about helping to keep our community beautiful. That core group can serve as the foundation for establishing a “Team Up to Clean Up Hercules” Pilot Program.

ANALYSIS:

As Council contemplates initiating a community clean-up program, it’s important to consider available staff resources needed to successfully launch this effort. For this reason, staff is proposing a monthly, six-month pilot program utilizing City staff that are regularly scheduled to work during clean up events, along with minimal administrative 22-737
202
oversight. After six months, the City would evaluate the effectiveness of the pilot and decide whether the program should continue. The clean ups will occur on designated Saturdays between the hours of 8am-11am. Volunteers will not be required to stay for the entire event. Events would be cancelled during rain.

If approved, the “Team Up to Clean Up Hercules” Pilot Program could be structured as follows:

1. Registration - Interested participants are encouraged to pre-register online using the volunteer site to sign the mandatory waiver to and to help City Staff gauge how many supplies are needed.

All registered volunteers will receive a copy of these Team Up to Clean Up guidelines (attached). Registered volunteers will also receive details regarding the check -in location a couple of days before the clean-up.

2. Check-in – Volunteers will pick up gloves, safety vests, trash bags, and tools at the check-in site for each event . All volunteers must sign in, and children must be accompanied by an adult. Volunteers will receive a safety briefing prior to beginning the clean-up activities.

3. Team Up to Clean Up – Volunteers will collect litter from pre-selected locations and leave filled trash bags , gloves, and borrowed tools at the check-in location for City staff to pick up.

4. Pick Up A Giveaway – In exchange for their volunteerism, each participant will pick up a small giveaway to express our appreciation.

FISCAL IMPACT:

The costs for trash bags, gloves, safety vests, tools, and giveaways for a six-month pilot program will be approximately $1,500. One-time funding could be made available from the general fund. There is a sufficient appropriation balance in 100 -4010-621.50-00 to absorb these costs.

ATTACHMENTS:

1. Resolution

2. “Team Up To Clean Up Hercules” Pilot Program Guidelines

3. Liability Waiver
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HERCULES CITY COUNCIL RESOLUTION NO.

AUTHORIZING THE CITY MANAGER TO ESTABLISH A VOLUNTEER “TEAM UP TO CLEAN UP HERCULES” PILOT PROGRAM AND APPROPRIATING $1,500 FROM

THE GENERAL FUND FOR PROGRAM EXPENSES

WHEREAS, Community clean up programs provide an opportunity to bring residents and other community stakeholders together in a joint effort to eliminate litter in our streets, storm drains, parks, and the natural environment; and

WHEREAS, Keeping our community free of unsightly litter makes it safer for us all; and

WHEREAS, For the past several months, the City has been building a list of volunteers that are passionate about helping to keep our community beautiful; and

WHEREAS, That core group can serve as the foundation for establishing a “Team Up to Clean Up Hercules” Pilot Program.

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

1. That the City Council hereby authorizes the City Manager to establish a six-month Volunteer “Team Up to Clean Up Hercules” Pilot Program, and

2. That the City Council hereby authorizes an appropriation of $1,500 in General Fund monies to fully fund the “Team Up to Clean Up Hercules” Pilot Program

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of September 2022 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
DAN ROMERO, Mayor

ATTEST:

________________________________
EIBLEIS MELENDEZ, City Clerk
204
ATTACHMENT 2

DRAFT
“TEAM UP TO CLEAN UP HERCULES” PILOT PROGRAM GUIDELINES

Thank you for your participation in the Beautify Hercules Volunteer Clean-Up Pilot Program volunteer program! Below are some guidelines and information on what to expect at your cleanup. Please follow the guidelines to avoid injury or distress when participating in our cleanups.

Before the Clean Up:
 Interested participants are encouraged to pre-register online using the volunteer site to sign the mandatory waiver to and to help City Staff gauge how much supplies are needed.

 All registered volunteers will receive a copy of these Team Up to Clean Up guidelines.

Please distribute these guidelines to other members in your volunteer group and encourage them to register for the event directly.

 Registered volunteers will also receive details regarding the check-in location a couple of days before the clean up.

During the Clean Up:
 All clean ups are primarily led and staffed by Volunteers. City staff are not always present at the events.

 Please report to the check-in station when you first arrive to pick up clean up supplies.

 All minors (group or individuals) must be supervised by at least one adult.

 All minors are required to sign a waiver with a parent/guardian signature at the check-in station. Additionally, any adult volunteers who did not pre-register are required to sign the waiver as well.

 Arrive on time to listen to a briefing and introduction before the start of the clean up.

 Follow all safety guidelines listed below.

After the Clean Up:
 Dispose trash at the check-in site location and City Staff will pick up all trash after the clean up.

 Drop off any borrowed supplies.
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 Report any bulky or hazardous materials to the City Staff can dispose of the materials properly.

Safety Guidelines:

1. Volunteers should wear gloves when picking up trash.

2. Volunteers should wear closed-toe shoes (no flip-flops or bare feet) at all times, wear bright clothing for increased visibility, and sunblock to protect from the sun.

3. Volunteers should never pick up syringes, needles, or any hazardous objects. Mark the area and notify the City of the hazardous item’s location. The City will contact the responsible authorities to dispose of the materials properly.

4. Always stay together by working in teams of at least two.

5. Be cautious and aware of sensitive habitat areas.

6. Avoid over-exertion, sunburn, heat exhaustion and dehydration. When in doubt, return to the site’s check-in station before the end of the scheduled cleanup time. Bring and drink water.

7. All minors will need to be supervised by at least one adult or guardian.

8. Volunteers should not lift anything too heavy, such as bulky items. Always notify the City of this type of debris for further assistance.

9. If a volunteer encounters a homeless encampment or property of a homeless person, please refrain from moving anything from the site and clean up elsewhere.

10. All volunteers are required to stay in the public right-of-way for clean ups. Please avoid any fenced off areas due to safety and trespassing guidelines. 206

VOLUNTEER AGREEMENT

Please read the following statements and sign below acknowledging your understanding and acceptance of this agreement.

I, _________________________________, hereby state and agree as follows:

• I certify all information contained on this application is true and complete to the best of my knowledge and belief, and has been given voluntarily.
• I am a volunteer, donating my time, services and energies to the City of Hercules. • I understand and acknowledge I will receive no salary, remuneration or benefits extended to the employees of the C ity of Hercules except for coverage under the City ’s worker s’ compensation program for any injury sustained in the course of performing these services.
• I hereby release the City, its officers, agents and employees from any and all liability, claims, cause of action, or actions arising out of or occasioned by bodily injuries or property damages sustained by me as a result of my volunteer services to the City, except as otherwise provided under Workers’ Compensation law, and agree to indemnity and hold harmless the City from any such liability, claim, cause of action or actions. • I agree to not distribute literature of any type.
• I fully understand and agree that either for failure to fully comply with all of the obligations outlined in the Volunteer Application, or for any reason whatsoever, while performing my voluntary services to the City of Hercules in voluntary capacity, the City of Hercules at its sole discretion, may immediately terminate my volunteer services.
• In consideration of the City accepting my participation as a volunteer, I agree on behalf of myself, my heirs, executors, administrators and assigns, to hold the City, its officers, agents, representatives, and employees harmless from injuries or damages that may occur to my person and/or property while participating as a City volunteer, even if the injury or damage results from the negligence of the City and/or its officers, agents, representatives or employees. Further, I waive, release, discharge and agree not to sue the City and/or its officers, agents, representatives and employees for any personal injury, including death, and/or property damage that I may incur as a volunteer. I understand that if I act outside my scope or author ity as a City volunteer, I could be subject to a lawsuit against me for which the City will not defend and understand that I could be subject to various penalties, including imprisonment, if subject to a lawsuit.

I have carefully read this release and fully understand its contents. I understand that this is a release of all liability. I am aware that by signing this release I am giving up important legal rights. I have signed this release freely and voluntarily. I have been advised that, under Worker’s Compensation laws, Worker’s Compensation benefits will be the sole and exclusive remedy if I am injured while performing my assigned duties as a volunteer for the City.

___________________________________ _______________________ Applicant’s Signature Date

If applicant is under the age of 18, a parent or legal guardian must sign this form.

___________________________________ _______________________ Parent or Legal Guardian Signature Date

Hercules City CouncilJanuary 23, 2024

Hercules City Council
January 23, 2024